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1991 September Council Proceedings357 Regular Session, August 19, 1991 NOW, THEREFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: So. Ion I. That the Mayor of the City of Dalmqnc be and he is hereby authoriznd and directed to execute an an~nded annual contributions contract, with tho U.S. Department of Housing and Urban Develop- ment, for Project No. IA05-K087-005, under Master Annual Cne~butines Contract No. KC-9004E, on behalf of the City of Dubuque. Snctlon 2. This Resolution shall take effect immediately, Passed, approved and adopted this 19th day of August, 1991. ]un~s E. Brady Attest: May~ Mazy A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pra~ Carried by the following vote: Ye~--Mayor Brady, Council Members Kluesne~, Faing, Nicholson, Pratt, Vcotberg. Nays---Nune. Absent--Council Member Deich. The~ being rio further business, Council Member Pratt moved to ndjoum the weeting. Seconded by Council Member Vectberg. Carded by tho following vote: Yeas--Mayor Brady, Council Members Kluesner, Ksing, Nicholsen, Pratt, Vcetber$. Nays--None~ Absent---Co. nell Member Deich. Meeting adjourned at 11:20 p.m. Mary A. Davis City Clerk Approved ~~'[/~ , 1992. Council Members Attest: City Clerk Regular Session, September 3, 1991 358 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Rngulnr Session, September 3, 1991. Council mot nt 7:30 p.m., Public Lllmu'y Auditorium. Prc~nt: Mayor Brady, Council Members Klncseer, Nicholson, Pratt, City Manager W. Kenneth Gearbu~ C.~un Coumel Bnr~ A. LindahL Absent: Corincil Membe~ Deich, Kring. Absent at Roll CaE: Council Member Vnetbe~, Mayor Brady mad the call and stated this session is the Regular Monthly Meeting of tho City Council called for tho propose to upon such Imsiness which may properly come before tho Council. Invocation was given by Roy. Evetott Hcomnn of the A~hdinecec of Dalmqec. Council Member Vnetber~ en~'ed thn Chambe~ at 7'38 PROCLAMAT1ONS~Week of Sel~mbor 8-14 as "Celelm~ Literacy Week" n~cdived by Ma~ Snore; Sop~mber 12~ 1991, as "D.A.R.E. DAY" wneived by Pollec Officer Stero E~atvedt Presentation of "Cofliflcates of Appre. ciafiun" to City Employees Tim Kelly Hempstead High Sehnel Music Disecte~ John Ochdn shaxed the honor of that High School Band being invited to petfmm nt the New Ye.~'s Day parade in London, England. Council Member Vuntbe~ moved to suspend tho roles to allow anyOne lm~sen! to address tho Council if they so de~. Seconded by Council Member Nichulson. Canled by the following vote: Yexs~Mayor Brady, Council Members Klansner Nicholsen, Pratt, Vnetburg. Nays.None. Absent--Cunncll Members Deich, Faiel~. Proof of Publication cersified to by the Publisher un Notio~ of Public Hearing to rezone properly at 330 W. 5th Sunet from OR to C-4 Dis~ct, presented and ~ed. Them were no vaittun objections received and no oral objecton present at the time of the hearing. Cunncil Member Voetberg moved that the proof of publication be ~ceived and filed. Seconded by Council dember Nichulsen. Carried by the following vote: Yeas---Mayor Brady, Council Members Kluesner, Nichnlson, Pratt, Vcetbe~'g. Nays~Nonc. A~aunt~Council Members Dnlch, IG-ing. An Onlinanec amunding Code of Ordi- nancex by rnclassifylng proper~y located at 330 West 5th Sttmt from OR Ofllce Residantial Distrlot to C-4 Downtown Commercial Dis~l~ said O~nance having been p~esunted and mad at the Council meeting of August 19, 1991. presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 65-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA. PROVIDING THAT TI~ CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA. BE AMENDED BY ~EVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA. BY RECLASSIFYINO HEREINAFI~R DESCRIBED PROPERTY LOCATED AT 330 W. 5TH STREET FROM OR OFFICE RESIDENTIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, TI~.REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: So. Ion 1. 'flie Code of Onllnanecs of tho CIty of Dubuqan, Iow~ be amended by revisin$ Appendix A thereof, also known as tho Zoning Onlinunec of the City of Dubuque, Iowa to ~nclassify he~inaft~ desvrlbed prq~.-rty from OR Office Residential to C-4 Downtown Commercial Dis~ct, to wit: Lot I of the Noflh 23 feet 10 inches of City Lot 105 in the City of Dubuque, Iowa. ra~e commonly known a~ 330 W. 5th Street, and extending to the center line of the abutting public sight- of-way. So. Ice 2. That the forngoing ameedmunt h~ beretofo~ been seviewed by tbe Zoning Commi~on of thn City of Dubuque, iow~. day of September. 1991. 359 Regular Session, September 3, 1991 larr~s E. Brady Muyor Attest: Ka~n M. Cbestetman Deputy City Clerk Published officially in the Telegr~h Hurald this 6th day of September, 1991. Kasen M. Cbestemmn Deputy City Clerk It 9/6 Couectl Member Vnntherg tcoved final adoption of the Ordinance, Seconded by Council Member Nicholson, Cnnind by tho following vote: Ynas=-Mayor Brady, Counnil Members IOuesnnr, Ninholson, Pratt, Voetberg. Nays--None. Absent--Conneil Members Deich, l~ing. Proof of Publication codified to by the Publisher on Notice of Public Heating to amend Zoning Ordinance to allow projecting signs on Bed and Bze. akfast Inns, p~seated and ~ There were an written objections vecdived and no oral objec~rs present at tho tirnn of the beating. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Membe~ Pratt. Canind by the following vote: Yoas--lVlayor Brady, Council Members Kluesner, Nicholson, Pratt, Vectborg. Nays--None. Abeent--Conncil Members Deich, Ksing, An Ordinance amending Appendix A of tho Code of Ordinances by ~pealing the pzesont nxlcirem~nts and adopting in lieu thascof new Sections 3-1.4(DXI)(D), 3-I.SCO×2)(d), 3-Z I(D)(2Xd), 3-Z3(DX2)(a) to nHow projecting signs on Bed and Breakfast Inns, said Ordinance having been presented and xead at th~ Council n-v~ting of August 19tik p~sonted for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 69-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DUEUQUE, IOWA, ALSO KNOWN AS TI~ ZONING ORDINANCE OF THE CITY OF DUBUQUE IOWA, BE AIV~NDED BY REPEALING THE PRESENT REQUIREMENTS AND ADOPTING IN LIEU THEREOF NEW SECTIONS 3-L4(D)(3)(d), 3-1.~(D)(2)(d), 3-2.1(D)(2)(d), 3-2.3(D)(2)(d) TO ALLOW PROJECTING SIGNS ON BED AND BREAKFAST INNS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section l, Thu Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zoding O~dinnnce of thn City of Dubuque, Iowa by ~ ~ e~sfing S~on 3-1.~D)(3)(d), ~d ~ a ~w ~on 3-1,4(D)(3~d): O) Bud and Breakfast Inn, psovided that: (d) Signngo shall be lin~tod to one (1) wall mounted, projecting sign with not mo~ than 40" projection, or fsee-standing sign, per ~ueet frontngo not to exceed six'(6) square feet in area, not inteondly filu~rinated, and with did. ct lighting only with sharp cut off luminance. Section 2, The Code of Ordinances of the City of Dubuque, Iowa, be amended by l~vising Appendix A thereof, also known as the Zoning Ordinance of tho City of Duhaqu~, Iowa, by repealing the existing Section 3-1,5(D)(2Xd), and adding a new Section 3-L$(D)(2Xd): , : (d) Signnge shall be limited to one (1) wall mounted, projecting sign with not mom than 40" I~ojecfing,, or f~ec-stsnding sign, per stxect f~ontnge not to exceed sin (6) square fe~t in area, not internally illuminated, and with direct lighting only with sha~ cut off luminance. Section 3, The Cede of Ordinances of the City of Dubuque, Iowa, be amended by t~vining Appendix A thereof, also known as tho Zoning Ordinance of the City of Dubuque, Iowa, by rcpe~llng the existing Section 3-2.1(DX2)(d), and adding a new Section 3-2~ I(D)(2Xd): (d) Signnge shall ha llm~tnd to one (1) wall mounted, pr~ecting sign with not mo~ than 40" projecting or rice*standing ~ign, per s~rect ~rontsge not to exceed eight (8) uquare fcct in area, not internally illuminated, and with dilcct lighting only with sharp out off luminance. Secti°n 4. The Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known its the Zoning Ordinance of the City of Dubuqan, Iowa by repealing thc existing Section B-23(DX1)(d), and adding a new Section 3-2.3(D)(2Xd): (d) Signage shall be lireited to one (1) wall mounted, projecting sign with not Regular ~_~_~_~0., September 3, 1991 36O mo~ than 40" Im~j~tinn ~ ft.-rending silia, pe~ sunni f~antsgn not to exceed eight (8) uqum~ feet in me, a, not int~nnlly lllumlnntod, and with dbect lighting only with shazp cut off luminance. Se~tlott S. Tlmt the foregolnli an~n.d~, nt has hnretofore been rovinwod by tha Zomng Conur~adoo of tha City of Duhaqu~ low~. passed, N~provad and adol~d ~s 3~d day of Sep~mbor, 1991. ~an~s E. Bredy Mayor At. at= K~'en Id. Chusmman Deputy City Ciezk Published officially in tho Telegraph Hura/d this 6th day of September, 1991. Kaxon M. Chnstermnn Deputy City Clerk It 9/6 Conndil Member Vnntberli moved final adoption of tho Ordinance. Secondnd by Coanoil Mon~er Pra~. Catrlad by the following vote: yeast---Mayor Brady, Conncil Meml~$ Klanmer, Nioholson, Vontharg. Nays--None~ Abecnt--Council Membe~ Deic~ Kfing, Communication of Zoning Commission advising of their npproval to an.end the conceptual doveiopmnnt plan for thn Wind~ Park ID Di~ct to eilow onnstmedon of ad~itionei gnregn~, prasontod and ~,ed, Council Member Vcotberg moved that ~ onmmnnication be n~eived and Rind, Second~ by Counoli Member Ni~olson, Castled by tbe following vo~; yeas.--Mnyor Bn~ly, Coun~l Members Klecsner, Nioholson, Pratt, Vnnthorg. Nays---None. Al~ent-~Councfl Members Deioh, Kring, An Ordinance amending Al~onthx A of tho Zordng Ordinance by api~ovinli an an~ndnd conceptual development I~an for the Xavier Psrk ID Institutional 1)ist~ct, presented and tend, Council Member Voetburg moved that this be considesed the first ~ng of the Ordinance and that it be set for pub 1~91, at ?;30 p.m, in the Pubiio Libr~y Au~tmium and ti~t tho City Cinrk publish notinn in tho nmnner pras~tbed by inw. Secondnd by Connofl Member Nioholson, Conied by tho following voto: Yecs,--Ma~ Brady, Couec~ Merebe~s Kin~nner Nic~olson, Pratt, Vnntherg, Nays--None. Abeont---Conncil Membe~rs l)einh, Communic.~ml of City Manager subnfit- tin~ documents pt~iding for thc bidding Wocadut~ for tbe seconatmedon and t~dlgnn~nt of a ssoitaty sewer on Lincoln Avnnan between Decatur and Whittier SUecte, Imsecrded and m~d, Council Mcreber Vcethe~ moved that the communication be received and filnd. Seconded by Council Ninholson. Carried hy the following Klue~nas, Nicholecn, Prett. Vnntberg. Nays---.Noan. Abennt.--Conncil Members Deic~ Kring. RESOLUTION NO. 281-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, 'nrta of contract and estimated cost for the Lincoln Avenue Sanitary Sewer Reconstruction ~ Decatur Stz~.et to Whittier Saner, in the nstimatod amount of $86,271.55, ~ hereby approved and ordered filed in the office of the City Clerk for pultio inspnetion. passed, edopted and approved this 3rd day of September, 1991. James E. Brady Mayor Attest: Kasen M. C~asteman Council Member Vontherli moved ndow finn of tho Resolution. Seconded by Council Membe~r Ninholson. Cnrrlnd by the followinli vote: Yeas---Mayor Brady, Council Members Klnesoer, Nicholson, Pratt, Voetbefli. Nays---None. Absent---Council Members Deich, Krlng. RESOLUTION NO. ~82-91 FIXlNO DATE OF HEARING ON PLANS AND SPECIFICATIONS Wbetv. as, the City Council of the City of Dubuque, Iowa, has ~ivnn its preliminary approval on tho proposed plans, speoifications, and f~m of contrant and pinced san~ on file in the office Of the City Clerk for public inspnetion of the Lincoln Avenue Senltsxy Sewer ReconsU'antion fzore Decatur SUe. et to Whittior SUnet. 361 Regular Session, September 3, 1991 NOW, THEREFORE, BE IT RESOL VElD BY Ti~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on tho 16th day of September, 1991, u public hearing will be hold at 7:30 p.m. in the Public Lilmu-y Auditorium at which time interested persons may appear and be heard for or against the propored plans and specifications, fcem of contract and cost of said iml~ovement, and th· City Clerk be and is he,by directed to cause a notice of tim· and place of such beaxing to be published in a newspaper having gene~'ul circulation in the City of Dubuque, Iowa* which notice shall be not less than four days nor inure than twenty days prior to the day fixed for its consideration. At the heating, any interested person may ·ppeur and file objections to the proposed plans, specifications, co·U-act, or estimated cost of the iroprovurcent. Passed, adopted and approved this. 3rd day of September, 1991. Attest: Kamn M. Chesturman Deputy City Cierk James E. Brady Mayor Council Member Vontberg moved adoption of th· Resolution. Seconded by Council Member Nicbeison. Carried by tho following vote: Yees---Mayor Brady, Council Members Kin·shes, Nichoison, Pratt, Vcetburg. Nays---Noun. Absant~Council Members Dui·h, Krleg. RESOLUTION NO. 28~-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Linch· Avenue Sanita~ Sever Reconstruction f~om Decatur Slx·ct to Whittiur Stecet is hereby ordured to be advertised for ~ds for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each hid shall be in an amount which shall conform to the provisi~s of the notice to bidders hereby approved as a pa~ of the plans and spncificatioes heretofo~ adOlF, ed. That the City CIurk is hereby directed to advertise for bids for the censauction of the improvements herein provided, to be puldished in a newspaper bering general circulation in the City of Dubuque, Iowa, which nollce shall not be less than four days nor mom than twenty days prior to the receipt of said bids at 2:00 p.m. on the 10th day of September, 1991. Bids shall be Ol~ed and ~ by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 16th day of September, 199L Passed, adopted and approved this 3rd day of September, 1991. Attest: Ka~n M. Chesterman Deputy City Clurk James E. Brady Mayor Council Memi~r Vcetberg moved adop- tion of the Resolution. Seconded by Court·il Member Nichulson. Carried by the following vote: Yeas---Mayor Brady, Council Members Kluesner, Nicholson, Pratt. Vcetberg. Nays--None. Absent---Council Members Del·h, Kxieg. Communication of John Hatkemoyer, Cha~san Visitors and Convention Bur·au, pu~uining to th·ir request for an increase in hotel/motel m; communication of City Manager submi~ng background inform·lion on hotel/motel max increase discursion and communication of Assist·ut County Attorncy Ralph Potter submitting specific legal opinion as to v~ng of propositions for lac, muse in hotel/motel max, presented and read. Council Member Pratt moved that the communications be ~.~4ved and filed. Seconded by Council Member Nicholson. Ca·led by the following vote: Ye. as,~Mayor Brady, Council Members Kluesner, Nicholson, Pra~ Vcetberg. Nays--None. Absent-Council Members Deich, Kriell, Jobe Halkemeyur, 3665 Seville Sm=et, Cha.hporson of the Visitors & Convention Btueau, requested that the proposed Resolution be adopted bet not to fragn~nt thc l~oceeds betwec~ several bo~es. John VanDuyn, 12465 Barony Dr., and Managcr of thc Dubuque Inn, stated that with evesy 1% tax increase thee is a 1.8% de, ore·se in occupancy. At this time DuJuquo is the #1 tomlst destination in low· and that it is necessary that is mmcmbe~d for long-term planning. ' RESOLUTION NO. 284-91 RESOLUTION REQUESTING THE COMMISSIONER OF ELECTIONS 1N AND FOR DUBUQUE COUNTY. IOWA. TO PLACE UPON THE BALLOT FOR THE GENERAL ELECTION TO BE HELD NOVEMBER 5. 1991. THE Regular Session, September 3, 1991 362 QUES'flON OF WHETHER TI~ RATE OF TI~ HOTEL AND MOTEL TAX FOR TI~ CiTY OF DUBUQUE SHOULD BE INCI~EA~D PROM FIVE PL~RCENT (5~) TO SEVEN P~RCB~ff C~), EFFECTIVE ~[ANUARY 1, 1992 Whereas. Section 43-52 of the City of Dubeqnc Code of Oulinances l~ovida for the imposition upon the poes ~cotpts from the x'enting of any and all rooms, apmtmunt~ mr alcel~ng quaffers in any ho~ or motel · tax at tho rate of five percent (5%) of such ~s rooms, aparUn~ts or alce~ag qu~. wrme rented by tbe same person for u jx,*tiod of not mm~ tlum thtfly*ono (31) cons~**cutive days; and Wbereas, low& Code Seotion 422A. I anthotizes & city to incresso such max rate to a rate not to exceed sovan percent which inurcece may only be impend after, an election at whidt a majmtty of tbeso yeti·il on tho qncstion favor such increas~ and Wbercas, tbe City Council of the City of Dubuque. Iowa. has dare,mined that thu question of wbether or not thu ~ of sunh tax should be increased f~m five Ix~cnct (5%) to reran percent (7~) should be upa· the baiim and submtUed to the on November 5, 1991. NOW, TItERI~ORE, BE IT RHSOLVIID BY ~ CITY COUNCIL OF ~ CiTY OF DUBUQUE, IOWA: Section 1. The fullowtng t-,~,z, Jsition for an tnc~cese in tho hotel and motel tax in tbe City of Dubuque, Iowa, should be submitted to the elcctom~ at the C~nend Election to be held on Novembur 5, 1991: TAX PROPOSITION CITY OF DUBUQUE Shall the Fullowiag Proposition be Adopted? Shidl tho City of Dubuqua* Iowa, i·omeso the ho~l and motel max from the ra~ of By· pe~nt (5%) to ~van l~ce·t C/%), offcetivu Jncan~Y 1, 1992, upon tho ~ mcelpU frem tho reatin~ of any ·cd all ~, apmm~, or olceping qu~ter~ in any ho~, motul, inn or public lod~inS hoeso, momiag hunce or to~ist or in any ~ wbe~ aceommed~ioes em furnished to tr~alant guzste for mot, wbefl~ with ce without meals, within thc corporate boundaries of said city except the ~ress rc~ipts flora tho renting of a mmu, apat~ant, or all, ins quarturs while ranted by tho esme person for a pe~ed of mine dm· thh'ty-onu 01) days? Section 2, Tho Commissionur of Electiom i· and for Dubequn County, low·, is hereby reqncated to lda~ said pxop~itlan upon the ballot for said Gu·emi file~tion for the voters of the City d Dubuque, Iowa, to be voted upon. Serlio· 3. The City Ciurk is hereby anthorined and directed to submit a certliled copy of this Resolution to thc Commissioner of EluntioM immediately following tho adoption hureof. Passed, approved and adopted this 3rd day of September, 1991. Jan~s E. Brady M·yor Attest: Kaxco I~L Cbestemmn Dup~ty City Ciesk Council Member Pratt moved adoption of the Resolution. Seconded by Council Membur Nicholson. Curded by thc following vote: Yees---Mayes Brady, Cou·cll Members Klncsner, Nicholson, PmR, Vcetherg. Nays---Norm. Absunt--Conncil Members Dui·h, Faiag. Council Member· Vcether~ moved that the City Attoruny is to put a Resolution on the Septembe~ 16th meeting clearly stating the intent to allocate 50~ of tho hotel/motel tax revenue for promotion and un·om-·gem·at of convention and tourism activities. Seconded hy Council Member Pratt. Ca·iud by the foBowiag vote: Yeas=Mayor Brady, Council Mambers IOuesnc~, Ni~holson, Pratt, Voethelg. Nays~None. Absant.--Council Membera Deich, Ktiag. Petition of William and Laura Mu~pby and Jan~s and Kathlcan A. Jones xeqncstlnll to addn~es the Council ragurdiag the accesalbility to thei~ besincsses known es Mmlsh's .South End Tap and The Btidgc Restaurant & Lounge, l~santed and med. Jim Jones and William Murphy spok~ to the Council and s~essed their difficulty to gating to their besincsscs with thc change in the highway and ~.,cogulzlng that Bissell Lane is now gravul and looks like a dead emi ~ad. They rcqcested help (signage?) in infesming the pobilc. 363 Regular Session, September 3, 1991 Council Member Pratt moved that the above Ix~ddon ix; referred to City staff to fuing back in u dmely manner snggesdous to help with ~is l~oblem. Seconded by Council Memim' Ntchoison. Carried by the following vote: Yeas=-Mayor Bredy~ Council Membsrs Kfueseer, Nicholsen, Pratt, Vnetberg. Nitys---None. Absun~=Counctl Members Deich, Kfing. Communlc~ton o£ City Mannger submit- ting it z~ommundailon and amdysis undertaken by the Telephone Task Force regarding the type of telophouc service for thc City and requesting authorization to enter into a new three year telephone c~mtract, lnusented and ~ad, Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Ntcholsen. Canied by the following vnte: Yeas--Mayor Brady, Council Members Kluesner, Nichulson, Pratt, Voutberg. Nays--None. Abscot---Council Members Delch, Krlng. RESOLUTION NO. 28~-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EN'[ER INTO A THREE YEAR CONTRACT WITH U.S. WEST FOR THE CENTRON TELEPHONE SYS'fEM Whereas, the City's current contract with U.S. West £or the Contron Telephone System expires August 25, 1991; and Whereas, a Telephone Task Force has reviewed altemabves to the current system and the City's cnc~ent telephone service level needs; and Whereas, a recommundailon has been made by the City Manager, besed upon the repert of the Telephone Task Force, to contlnne with tho Ccotron Telephone System under a new three year contract; and Whereas, U.S. West has provided assmance in writing that should they introduce new ConUoit or Ccom~x pseducts or imlternent lower prices in their upcoming announcement, that the City will be permitted to continue service under the team and conditions of ~be signed conm~t for the life of the coutrnct or be permitted to convert service to the new l~ices under the same or longer t~m contract, with the same number of stations (or more) in the same locations. NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Mannger is hereby authorized and directed to enter into u new three year contract with U,S. West for the Ceniron Telephone System. Passed, approved and adopted this 3rd day of September, 1991. James E. Brady Mayor Attest: Karen M. Chesterman Deputy City Clerk Council Member Pratt moved adoption of the Resoluilou. Seconded by Council Member Nicholson. Canted by tho following vote: Yeas--Mayor Brady, Council Members Klnesne~, Nichulsen, Pratt, Vnetb~g. Nays---None. Absent---Council Members Delch, Kring. Communication of City Manager recom- mending Council approve pa~elpafion by the Pelice Department in a Dubuque Drug Task Force Grant, presented and ~ed. Council Member Pratt moved that the communication be received and filed and approved pasilcipailou. Seconded by Council Member Nichulson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesncr, Niehulsen, Pratt; Voutberg. Nays--Noue. Absunt~uncil Members Deich, Kfing. Communication of City Manager ~uest- lng authorization to execute a Community Economic Bettem~cot Account Forgivable Loan Agreement and authorizing to execute a Community Development Block Grant Loan Agreement, presented and read. Council Member Voetber~ moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by the following vote: Yean~Meyor Brady, Council Members Kfuesner, Nichulson, Pratt, Vcotbeq~. Nays--None. Absent---Council Members Dcieh, Volng. RESOLUTION NO. 286-91 RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT FORGIVABLE LOAN AGREEMENT WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND W.C. BROWN COMPANY, PUBLISHERS Whereas, the Cormnanity Economic Bcuerr~ent Account (CEBA) pmgrsm has been created by the Iowa DopasUnent of Hcouomic Development to assist in the Regular seselon, September 3, 1991 economic development efforte of local jmtsdtedon~ and WIt~ans, mt Ma~h 21, 1~1, ~ ~ of ~ ~t ~t ~ ~ W~, a F~va~o ~ ~nt rs of ~o~ ~vel~ W.C. B~n half. NOW, ~* BE ~ ~OL~ BY ~ ~ COUN~ OF ~ C~ OF D~UQ~ IOWA: a~h~ J~s K B~y A~ y~a~ B~y, C~n~ ~ Nay~N~, A~n~un~ ~m~ 3B4 p.F. SOLUTION NO. 287-91 RBSOLUTION AUTHORIZING THE BXECUTION OF A COMMUNITY DBVELOPIv~NT BLOCK GRANT LOAN AORI~IV~NT WITH W.C. BROWN COMPANY. PUBLISHERS Wbereas, under provisions of Title I of the Housing and Community D0velopment Act of 1974, as amended, the City of Dubuque has rnceived Community Development Block Grant funds fc~ the of stimulittiug economic development aedvitie~ within the community; and Whereas, the CiW of Dubuque, Iowa, daslres to assist W.C. Brown Company, Publlshen, ia its efforts to enhance and expand its existing publishing opcredous through the development of an office complex in the Dubuque Cc~pomte Center, to create permanent employment opportanitie, s fer low and moderate income citizens; and to expand the existing tax base of the community; and Whereas, s Loan Agreement, hereto attached ami by ~is refu~uce mede u part hamer, is to be executed by W.C. Brown Company, Pabllshem NOW, TI~REFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That thc Mayor and City Clerk be and they s~ hereby authorized and di~cted to execute, on behalf of the City of Dubuque, lows, an agreement awarding it $250,000 loan to W.C. Brown Company, Publishe~. SncBoo 2. That the City Manager be and he is hereby authorized te disburse loan funds from the Community Development Block Grant eaililemant fund, in ~ with the terms ami conditions of the executed Lcon Agreement. passed, approved and edopted this 3rd day of September, 1991. lames E. Brady Mayor Attest: Kasan M. Cbesterman Deputy City Clerk Council Member Voutherg moved adop- tion of the Rmoledon. Se. coeded by Council Member Prat. Cmied by the foliowing vote: ynes---Muyor Brady, Cmmcll Members Klnesas~, Nichulsoa, Pratt, Voutberg. 366 365 Regular Session, SePtember 3, 1991 Nays--Noue. Abnent--Cooucll Members Deich, i~ing. Communication of City Manng~ mending to ~ent Immiesiou to construct a lo~tng dock at the wa~hou~ fa~lity of Welsh True Value Hardware located at 1246 Central Ave., lueseetad and read. Council be tcocived and filed. Seconded by Council Member Nicholson. Canied by the following vote: Yea~---Mayor Bray, Council Membe~ Klneener, Nicholson, Pratt, Vuettang. Nays--None. Ab~out---Cooucil Members Deich, KrieS. An Ordinsnce authorizing Welsh Truc Value, Inc., of 1322 Iowa SUnet to construct a Loading Dock at 1246 Centnd Avenue, In--outed end n~ad. Council Member Pratt moved that this be c. onsider~ the first reading of the Ordinance. Seconded by Coencll Member Nicbelsou. Can-led by the following vote: Yens--Mayor Brady, Coundl Members Kluesner, Nicholson, Pratt, Vnetberg. Nays---None. Absent--Council Members Deich, I~-tng. Cladflcafiou of Council direction to City staff per~ntng to modiflcalioa of C-1 classification. After dtscussien, Council Member Nicholsen rccoufinued tbe original motion of July l~th, to fast track thc text amendment for the property on Clarke Drive (Bmitbach's) end request the Zouin8 Commission to take it up at their meeting on SopL 4, 1991. Seconded by Council Member Pratt. Canted by lite following vote: Yeas--.Mayor Brady, Council Members Klnesnes, Nicholson, Pratt, Voetbe~. Nays---None. Absent---Council Members Deich, l~ieg. RESOLUTION NO. 288-91 NOW, THEREFORE, BE IT RESOLVED BY TI'~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the lnovisiens of law ~elating to the sale of Cigarettes within the City of Dubuque, lows. be grented a penrdt to sell Cigarettes and Clgaret~ Paters within said City. Bette O./Anthony Helling, Dodge House Motel, 701 Dodge Sue. et Michael Remakel, Mike's "76" Auto Center, 2205 Carter Read Passed, approved ar~ adopted this 3rd day of September 1991. James E. Brady Mayor Attest: Keren M. Chestermen Deputy City Cl=k Council Member Kluem~r moved adop- lion of the Resolution. Seconded by Council Member Nicholsou. Canind by the following vote: Yeas---Mayor Brady, Council Members Klnesner, Nicholson, Pratt, Ventberg. Nays--Noue. Ab~ent~*Council Members Deich, Kfieg. RESOLUTION NO. 289-91 Where. es, applications for Bner Permits have been submitted and filed to this Couhcfl for approval and the same have been examined and approved; and such applicants were inspected and found to comply with the Ordinances of fids City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUEUQUE, IOWA; That the Manager be authorized to cause to be hsuad the following named applleents a Beer Permit, CLASS *'B'* PERMIT Nite$ of the Square Table, Inc., Sunday Sales, 7th Street. Town Clock Plaza CLASS "C" BEER PERMIT Delmcr S. & Mary O'Hea, C, randview Milk House, Sunday Sales, 620 S. Grandvicw Iowa Oil Cortqxany, IOCO Spuadc Shoppe, Sunday Sales, 1387 Dodge The Monday Co., Cascy's General Stm~, Sunday Sales, 4003 Peru Roa~ Passed, approved and adopted this 3rd day of September 1991. James E. Brady Mayor Deputy City Clerk Council Member Kluesnes moved adop- tion of thc Rerolulion. Seconded by Council Member Nicholson. Can~ed by the following vote: Yee~--Mayor Brady, Council Members Klnesner0 Nicholson, Pratt, Voctberg. Regular Session, September 3, 1991 Nays---Noue. Alsent---Cotmdi l~mbers Dtdch0 RESOLUTION NO. 290-91 Wherens, applications fne Liquor Licenses have been submitted to this Council for aplwoval and the same have been examined and aplwoved; and Whe~ns, the ~,-,~es to bo occulted by such applicants we~ inspected and found to comply with the State Law and all City Ord~nsnees x~levant thereto and they have NOW, TI~REPORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That rite Manager be authorized to cause to bo issued the following named apliicuets a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR Eagle Point Associates, Inc., Tollbdd~e Inn, Sunday Sales, 2800 Rhombesg Avenue CLASS "E" LIQUOR LICRNSE JFr, Ltd., OKY DOKY #1,250 West 1st Smut Passed, apl~oved and adog~d this 3rd day of September, 1991. James E. Brady Mayor Attest: Keren M. Chesterman Council Mamber IOuesuer moved adop- tion of the Resolulion. Seconded by Council Member Nicholson. Cmind by the following vote: Yeas~Mayor Brady, Council Mennbers Kluesnes, Nicholson, Pratt, Vuetberg. Nays--None. Absout--Coundl Members Deich, Kxlng. MINUTES SUBbu'I-II~D~Five Hags Commission of 8-19; Historic l~n~sesveflon Commission of 8-14; Hurnsn Rights Co,,,,.;~alon of %8; Mechenictd Benld ~ff 8- 158 Northwest Arterial Corridor Subcommittee of Lung Ran~ PlenrdnS Commi~ion of 8-19, pr~aeated and read. Council Momb~ Voetberg movad that the minutes be rnecivad and iliad. Socondad by Couecil Member IMat. Canted by tho following vote: Yea~--Mayer Brady. Council Mambors Kluem~, Nicholmo, Pratt, Vuethe~. Nay~--Noue. Abnent---Council Members De,ch, ~ng. N~ OF ~MS~T~is~r M, ~ ~n, in ~n ~nt f~ ~ inj~; ~ ~8 in ~out of ~.~ f~ v~cin ~es; Ho~ ~n in ~ ~t f~ vehi~c ~; O~ R. ~ vs.~b~ue Po~ D~C (in S~ ~ Co~) su~ M~ ~ S~l~nt ~use of Ac~on; S~ F~ ~ & Co~y ~v~ng ~ a ~ 1~ f~ ~ i~, Pa~ ~ S~ ~go~e, in ~t ~ $1~ f~ veMclo ~ O~ tn ~t of $~.~ f~ veMcla ~; H. ~ R~p~n in m~t of $~58~ f~ ~v~, d~up ~d ~ ~ of ~ ow~ ~cMc ruble; B~t Be~ ~ ~t of $~0.~ f~ wMcin ~g~, ~en~ ~d ~. ~u~l Mm~ V~rg ~v~ ~ ~e c~ ~d sM~ ~ ~f~ m ~ ~g~ S~f f~ inv~figafiou ~d ~ ~d~ by Co~ Me~ ~ C~ by ~o foBo~ yom: Y~y~ B~y, V~t~, Nay~H~e. Ab~nt~ou~ Mcm~ ~c~ ~ng. Co~ous of Iowa ~nt of T~s~ ~sing of ~ in~t m seB ~v~ ~oua of I~d 1~ in ~ ~ty of Dub~, ~s~ ~d ~. ~u~ Morner V~t~ ~v~ ~at S~d~ by Co~ Mem~ ~ ~ by ~ foBo~ng vo~: Y~May~ B~y, V~. Nay~Nono. Ab~t~u~B M~ ~icK ~ng. Co~on of CIW M~er sub.t- ting F~ R~ f~ ~e ~ of J~y, 1~1, ~ ~d ~ ~un~l M~m~ V~t~ ~v~ ~t ~ ~ou ~ ~iv~ ~d ~ ~d~ by Coup2 M~ C~ by ~e f~o~ng vo~: Y~Ma~ B~y, ~un~ Mem~ ~en~, Ni~l~n, ~ V~t~. Ha~No~. A~n~ Mcm~ ~h, ~ng. Co~on of ~ M~ ~- ~ ~on of Sure.ut N~ 6 ~ ~e ~ of ~ f~ ~e Ci~ of Du~q~, ~n~ ~d ~ ~u~ Mem~ V~ ~v~ ~at ~on ~ ~v~ ~d ~. ~nd~ by Co~ Mem~ ~ ~ by &o InBo~ng vo~: Y~y~ B~y, Co~ Me~ ~u~n~, NicholS, ~ V~t~. Na~Non~ Ab~nt~u~fl M~ ~c~ ~ng. 367 Regular Session, September 3, 1991 RESOLUTION NO. 291-91 ADOPTING SUPPLEMENT NO. 6 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Wheaexs, under date of Suly 17, 1989, the City Council, lmranam to Ordinance No. 34-89, rcedop~l the Code of Ordinances of the City of Dubuque, Iowa, for ordinances adopted up to and including Dncember 19, 1988; and Whereas, since December 19, 1988, tho City Council of the City of Dubuque, Iowa, has adopted celiain ordinancas amending tho Code of Ordinances and said amendments have been printed as supplements to the Code of Oniiannces; and Whereas, Section 380.8 of tho Code of Ordinances provides that supplements, by resolution, become pan of the Code of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Supplerr~nt No. 6 of the Code of Ordinances of the City of Dubuque, Iowa, coveting ordinances adopted by the City Council of the City of Dubuque, from December 20, 1990 through May 6, 1991, prepared by the Municipal Code Coq~oraHon, Tailahassee, Florida, hereto filed in the Offiue of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopUxl and becomas pan of the Code of Ouiinances of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of September, 1991. James E. Brady Mayor Attest: Karen M. Chcsterman Deputy City Clerk Council Member Voetherg moved adop- tion of the Resolution. Seconded by Council Me4nber Pre~ Caniad by the following vote: Yeas~Mayor Brady, Cconcil Members Klueaner, Nicholson, Pratt, Voetherg. Nays~Noce. Absent--Council Members Deleh, Kfieg. Congannicafion of City Manager recom- mending acceptance of the construction contract for the Relocation of Bell Shy. et Sto~m Sewer in the Riverboat Oambling Development mea, plasanted and mad. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by ~o following vo~e: Yeas--Mayor Brady, Council Members Kluasner, Nicholsun, Pratt, Vaetberg. Nays--None. Absent--Coancil Momhe~ Deich, Kaing. RESOLUTION NO. 292-91 ACCEPTING IMPROVEMENT Whereas, the contract for ~e Relocated BaH Storm Sewer has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con~act, plans and sp~cificaticos and ~commends it acceptance, NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer he and he is heseby directed to pay to the contractor from Ice Harbor Development Funds in amount equni to the amount of his contran~, less any re.ced po~centege provided for therein. Passed, approved and adopted this 3rd day of September. 1991. Ismes E~ Brady Mayor Attest: Kamn M. Chestermco Deputy City Clerk Council Mamher Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas---Mayor Brady, Council Members Klueseer, Nicholson, Pratt, Voetherg. Nays--None. Absent---Council Members Dnich. Kfiag. RESOLUTION NO. 293-91 FINAL ESTIMATE Whereas, the cot~tract f~ the Relocawxi Bell 5umn Sewer has ~ ccmpletad and the City Engineer has submitted his final astimate showing the cost thereof including the cost of ertinmias, nollcas and inspection and aH miscellaneous costs. Regular Session, September 3, 1991 368 NOW, THEREI~RE, BE IT RESOLVED BY TI~ CITY COUNCIL OF TNB CITY OF DUEUQUE, IOWA: l,sl~ovement is Immby da~mnlnad to be $48,645.74 and ti~ said amount shall he paid from Ice Hadm~ Development Funds of the City of Dubuque, Iowa. Pas~ed, approved and adolsaH Ods day of September, 1991, Attest: Keren M. Chastra.~l Council Member lames E Brady Mayce Voetherg moved edoptico of ~e Resolution..~.~mded by Council Member Pra~ Cn~ied by the followiag vote: Yeas--Mayor Brady, CounaH Membe~ Kluesner, Nichols, Pratt, Veethe~. Nays~Noue. Absent---Council Members Deieh, Kfing. Communication of City Manager recommending acceptance of the construction con,rant fo~ Cedar Cross and mad. Council Member Vuetherg moved that the ,communication he received and filed. Seccoded by Council Member Pratt. Cnnlad by the following vo~e: Yeas---Mayor Brady, Council Members Klueseer, Nicholson, Pratt, Vcetherg. Nays~Noce. Absent--Co+m~l Mamhers Detch, Kflag. RE~OLUTION NO. 294-91 ACCBPHNG IMPROVEMENT Whereas, the contract for the Cedar Cross .~mlta~ Sewer Extensico has been con~leted and the City Manager has examined the w~k and filed his cenificete stating that the same has been comphiterl accordhlg to the terms of the centrac~, plans and spceiBceticos and reconureeds it acceptance. NOW, THEREFORE, BE 1T RESoLvED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seolloa 1. That the recommendation of thc City Manager be approved and that said imlwovemant be and the same is he.by accepted. BE IT FURTHER RESOLVED, that the City 'l~.anorer he and he is hereby dimc~d to pay to the contractor from the Ssniu~.y Sewer Construction Fund in amount equal to the smcont of his ccotrant, less any retained percentege provided for thernin. Passed, ,vp,,,ved and adopted ~is 3rd day of September, 1991. lames E. Brady Mayor Att~t: Kamn Id. Cimsterman I)~uty City Ci=k CoanaH Member Vuetberg moved adop- tion of the Resolution. Seconded by Council Mamhe~ Pratt. Cmtad by the following vote: Yeas---May~ Bxady, Council Members Kluesner, Nic~olmn, Pratt, Voetbe~. Nays--None. Absent--Council Members Dnich, Kriag. RE.SOLUTION NO. 295-91 FINAL ESTIMATE Whereas, thc con,sect for the Cedar Cross Senitm~ Sewer Extension has been comphited and the City En~incer has submitted his final estimate showinS the cost thereof inniuding the cost of astimates, notices and inspection and aH miscellaneous NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUB, IOWA: Seciion 1. That the cost of said imlgovement is he.by deterngnad to he $165,416.36 and the said amount shall be paid from gte Senitaxy Sewer Construetion Fund of the City of Dubuque, Se~loa 2. That $114,430.29 of the cost thereof sha~ be a~as~ablc upon private prope~y and $50,986.07 shah be paid from the Sanitary Sewer Consttuction Fund. Passed, ,vp.oved and adopted this 3rd day of September, 1991, lames E. Brady Mayor Atlest: Karco M~ Chesterm0n Deputy City Clerk Council Mmnber Vuetherg moved adop- tion of the Resolution. Seconded by Council Memher Pratt. Cnnied by the following vote: Yeas~Mayor Brady, Council Members Kluasner, Nicholson, PraY, Vuetherg. Nays~Noce, Absent---Council Mambcrs Dnich, K~ing. ~69 Regular Session, September 3, 1991 RESOLUTION NO. 296-91 A RESOLUTION ADOPTING THE FINAL ASSESSIvlENT SCHEDULg FOR THE CEDAR CROSS SANITARY SEWER EXTENSION INCLUDING C~RTAIN INFOR- MATION REQUIRED BY THE CODE OF IOWA, SPECh~ICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID 1NSTAI2LMENTS, THE TIME THE ASSESSMENTS ARB PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTIC~I THEREOF NOW, ~RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of nssessruents and accompanying plat showing the nssessn~nts proposed to bo mede for the consUuction of the Cedar Cross Sanitary Sewer Extension under contract with McDermott Excavating, inc., of Duhoqce, Iowa, which final plat and scbodul~ wene filed in thc offic~ of the CIty Clerk on the 2gth day of Angnst, 1991, that said scheduln of assessments bo and the ser~ is hereby approved and adoptsd, That tbe~ be, and is hereby assessed and levied as n stx;cial Lu ngainst and upon each of tho lots, the respective sums indlca~ed. Provided, further, that the smannts shown in said finul schedule of assessments os daficiencins fu~ found to bo proper and levied cooditionully ngalnst the respective pFopeflies benefitted by the iml~ovemcnts as shown in the schedule, subject to the provisions of Soedon 384.63, Code of Iowa. Said assessments against said lc~ me hereby declared to bo in lx~ix~ton to the special bouefits conferred and n~ in excess of twenty-five pen~nt of the vaian of same. Assessments of $50.00 or mc~ are payable in 10 e~lUal ann~ instaHmants, with interest on the unp~d balance, all as provided in Section 384.65, City Code of Iowa. Conditional deficiency assessments, if any, may bo levied against the Spl~iceble property f~ tbo same period of yem-s ns the assc~smants are made payable. Assessrcents may bo paid in full erin port without interest at the office of the County Trenstucr, at any time within 30 days after the date of tho first lmbllcation of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless said assessments a~ paid in full within said thirty day period all unpaid assessments will draw annual interest computed at 10 percent (commencing on the date of acceptance of the work) computed to the December 1st next following the due dates of the respective installments. Ench installment will bo delinqcent on September 30th following its due date on July 1st in each year. Property ownou may eleot to pay any annual installment semiannually in advcoce. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification in the manner provided in Soclion 362.3, the first publication of which shall bo not more than fifteen days from the da~ of filing of the final schedule. Thc City Clerk shall also send by certified ~ to prope~y owners who~e p~ope~y is subject to assessment a copy of said notice, and mailing to bo on or bofo~ the date of the second publicatlo~ of the notice, all ns provided and directed by Section 384.60 of the Code of Iowa. . day of September, 1991. Jam~ E. Brady Mayor Kercn M. Cbosterman Deputy City Clerk Regular Session, September 3, 1991 CITY OF DUBUQUB, IOWA SCItBDUL~ OF MNAL A~SBSSI~NTS OWNI~ ~ DESCRIPTION 2-1-1-2 L.IL Wdt~ lq. 2-2-1.1-1-2 L.H. Wdte~ 2-2 L.l~ Wdns lq. 2-2-1-1-1-1 L.H. Wslt~ lq. 2-1-1 LH. Wdm lq. 2-1 KIL W~lWt lq. I-I-4 Mind'al Lot 219 I-3 MlmM Lo~ 219 2-2-2 MlneM Lot 220 2-1-3 Mlnml Lot 217 1.2-2 MIMml Lee 220 1-1-3 l~dnead Lo~ 217 2-1-2-3 Miffed Lot 219 2-2 Miflmd L~ 219 2-1 Mlrd~d Lot 219 DBFICIENCY ASSBSSMRNT $ 7~67~92 $14,SS9.36 370 6,862.45 7,654,36 5,746.89 $,738.47 3,060.52 4.590.78 3,245.68 3,242.24 5,994.79 6,902.24 10,642.96 0.00 0.00 9,924.50 0.00 4,843.81 0.~0 0.00 5,219.31 2,329.44 2,717.36 1,148.46 3,269.O2 3,079.65 3,159.99 7,651.30 371 Regular Session, September 3, 1991 Council Member Voetberg moved ndop- lion of the Resolution. Seconded by CounCil Membe~ Pram Carried by the following vote: Yess~Mayor Buddy. Council Members Klnesner, Nicholson, Pratt, Voctberg. Nays--None. Absont--Conncil Members Deich, Kriag. Petition of David Witter requesting to pemhase Lot 130 of Lunox Addition located at the end of Ridgnway and Missouri Streets, presented and rend. Council Member Vnetber~ moved that tho petition be refenvA to the City Manager. Seconded by Council Member Pratt. Carried by the following vo~: Yeas-Mayor Brady, Council Members Klnesnor, Nicholson. Pratt. Vnetberg. Nays--None. Absent---Council Members Dnich, Kriag. of Festivals, Inc., requesting to their Purchase of Service Ag~etunnt regarding the expenditure of monies given to them, presented and read. Council Member Vuntberg moved that the petition be received and filed and approved. Seconded by Council Member Pratt. Carried by following vote: Yeas--Mayor Brady, Council Members Klussner, Nicholson, Pratt, Vontberg. Nays---None, Abeunt -Cooncil Member's Dalch, Kling. Them being no further business, Council Membe~ Nicholson moved to adjourn. Seconded by Council Member Pratt. Canied by the following vote: Yess--Mayor Brady, Council Members Kluezne~, Nicholson, Pratt, Voetberg. Nays---None, Absent---Council Members Deich, Krlng. M~eting edjounani at 9:13 p.m. Kemn M. Chesterman Deputy City Clerk Atteat: Council Members. 4~al~lfCity Clerk Regular Session, September 16, 1991 372 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Semion, September 16, 1991. Council met at 7:30 p.m., Public Lllmey Auditorium. Prenent: Mayor Bnuly. Council blembers Deich, lOananer, Rrlag, Nichalanu, Pratt, Veetberg. City Manager W, Kenneth C-nerbe~, Corporation Counsel Barry A. Mayor Bredy road the call and slated ~is session is the Regalss Monthly Meeting of the City Council called for the purpose to act upon such Imsiness which may cone befo~ the Cnnncil. PROCLAMATIONS--Week of September 15~h ss "National Adalt Day Center Week" tec~ved by Bob Mole and Jan wemham; Sep~mber 16-21 ss "Pemnt Awemness Week" received by Kathlecn Ch~'a; October 29 ss "'rtick Or Treat · Night"; Week of September 22-28 as "Youth Leadership Week" received by Mar/ Lon Bald. Council Member Voetbeag moved that the tule~ be suspended ~ allow unyoun ~pressn.! to eddmss th~ Council. Seconded by Councu Member Nicholson. Carried by the following vote: Yeas---Mayor Bn~iy, Coun~ Members Deich, Kluesner, Kring, Ninholson. Pratt. Vontberg. Nays-- None, Pronf of Publication ce~ified to by the Publisher on Notice of Heating on Plans and Specificatiuns for the constrec~nn of the Rockdaln Road Sidewalk Improvements Project, Proof of Publication nerdfied to by the Publisher on Notice to prope~y owners of hearing on Reanlution of Necessity for project; Ce~fica~ of City Clerk stating noliuns were ss~t to known property owners on heating of Reso~utlon of Necessity for im~ject; Petition containing 43 signatures objecting to assessments for construction of said sidewalk; Petition of Donovan F. Ward, M.D. opposing Reckdale Road sidewalks and assessment to his property; Troy Schrr~dt objecting to sidewalk sssersmant; petition of Dr. {ansan Mantemnch and Dr. Cad {. Pf~if~ objer2ing to sidewalk ssse, mont, presented and ~e~n Mole, 1170 R~e R~. B~, 1195 ~ P~P F~ch, 1~5 R~e R~. Ron ~, 10~ R~e R~ ~in~ B~d, 1195 R~o, J~ F~n, ~293 Bl~awk. ~ McK~w~ 1~ ~ ~ ~h, 1070 R~ ~v~ W~ 11~ R~e R~ ~n ~, 1~5 R~ R~, An~, 1175 R~e R~, l~l R~e R~, B~ C~, 1~ R~k~e, ~ohn A~, 15~ R~e, R~ ~1o, 1170 R~e, ~ i~ of sldew~. ~nes~g si~w~ ins~l~on ~ at l~t one si~ of ~e Co~ Mem~ V~t~g mow ~at ~fi~ of ~e~ ~iv~ ~d ~ ~d~ by Con~fl M~ ~ng. V~ ~ follows: y~ay~ B~y, ~um~ Mem~ ~u~n~, Nicho~n, A Remlu~on ~fing pl~s s~fi~fiom f~ ~s~cfion of R~k~e R~ Sidew~ I~v~n~ ~oj~t ~d a Remlu~on ~ng ~ds f~ ~oj~t ~d Co~ ~m~r ~ng. Vo~ on ~ ~fion w~ ~ f~ows: Y~Y~ B~y, Co~ ~ ~n~, Nin~ls~, V~. Motto ~. ~OLUTION NO. ~L~ON ~TH ~S~ THE ADOPTION OF THB ~LUTION OF ~C~S~ PRO~SBD FOR ~ R~ ROAD SIDEWALK I~RO~- ~N~ W~, ~ ~ ~un~ a ~so~on of N~ssl~ f~ ~e R~e R~ Si~w~ ~ve~n~, ~ Wen nofi~ of ~e pu~c W~, ~e ~b~c h~ng ~ ~n h~ ~ ~s offing ~j~fions have ~ h~ ~ ~id~fim given obj~fims ~d is ~n&ng ~f~ ~s Co~ ~ 373 Regular Session, September 16, 1991 Wlmuns, this is the time and pidue set as provided for th~ taking of action un the proposed Resolution of Necessity, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tho proposed Resolution of Necessity described above is hereby abandoned. Passed, adopted and approved this 16th day of Septemher, 1991, Attest: Mary A. Davis City Clerk lanes B. Brady Mayor Council Member Vcotberg moved adop- tion of the Resolution. Seconded by Council Member ]G-ieg. Vote on the motion was as follows: Yeas--Mayor Brady, Council Memhet Deieh, Coun~ Member Krleg. Nays---Counoil Members Klunsnor, Nicholsun, Pratt, Vcothe~. Mellon failed, Council Member Kluusuer moved ~.on- sidemtiun of tha action. Sueundod by Council Member Nioholson. Canied by the following vote: yens--Meyer Brady, Council Members Deich, Kluusner, ICrleg, Nicholson, Voetberg. Nays--Council Member PretL Council Member Kluasuer moved that the project be abandoned at this lin~ and do further study for arterial sidewalk needs. Seconded by Council Mereber PratL Canied by the following vote: Yeas--Mayor Brady, Council Members Dbich, Kluusuer, Krle8, Nicholson, Pratt, Vcotberg. Hays--Nune. Proof of Publication certified to by tho Pubiish~ un Nolica of Hearing on Plans and Specificaliuns for the Lincoln Avenue Sanitary Sewer Recomm~clion, presented and ~sd. There were no written ob~ncliuns received and no oral objectors p~sent at the limo of the homing. Council Member Voetberg moved that the proof of publication be received end filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor B~ady, Council Members Deich, Klncsuer, Kfieg, Nicholson, Pratt, Vuntherg. Nays--Hone. RESOLUTION NO. 298-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Where., on the 28th day of August~ 1991, plans, spectlicalions, form of C°ntruet and estimated cost were filed with the City Cierk of Dubuque, lowa, for the Lincoln Avenue Sanitary Sewer RcconsUuclion from Decatur Suuet to Whittier Su'eec Whereas, notice of hearing on pleas, specificalioas, form of conUect, and islimated cost was published as tequiv~ by law. NOW, THEREFORE, BE IT RESOLVED BY TltB CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, foon of c~Unct end estimated cost are hereby approved as tho pleas, speoificaliuns, form of contract and estimated oust for ~ald improvereent~ for said project. Passed, adopted and approged this 16th day of September, 1991. Iarues E. Brady Mayor Attest: Mar/A. Davis City Clerk Council Member Vcotberg moved adap- lion of the Rusohilion. Seconded by Couueil Mereber Nicholson. Carded by the following vote: Yeus--Mayor B~dy, Council Members Deich, Kluesner, Klielt, Nicholson, l~att, Vcotber~. Nays --Noue. Proof of Publicaliun c~ified to by the Publisher on Notice to Bidders of the Receipt of Bids for ~he project and communication of City Manager ~com- mending to award contract for project, presented and read. Council Member Vuntberg moved that the proof and communication be receivnd and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas~-Mayor Brady, Council Members Deich, Kluusnor, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 299-91 AWARDING CONTRACT Wherues, sealed proposals have been submitted by con~ectors for the Lincoln Avenue Sanitary Sewer Reconstruction from Decatur SUe. et to Whittier SWeet pursuant to Resolution No. 283-91 and noliue to bidders published in a newspaper published in tho City of DubUque, Iowa, on the 5th day of September, 1991; and Whereus, said sealed proposals were opened and read on the 10th day of Regular Session, September 16, 1991 374 Se~, 1991, and tt Ma b~a dommiued tlmt li~ bid of Mullinnix, ln~ of Dub~ue~ Io~ ~ ~ ~t of ~7,~.17 ~ ~ lo~t ~ f~ ~°f~ NOW, ~, BE ff ~L~ BY ~ ~ ~N~ ~ ~ C~ OF D~UQ~ IOWA: ~u~ a ~ ~ ~f of ~ ~ of Du~ f~ ~ ~ ~ of · e w~ BE ~ ~ ~OL~, ~t u~n · e ~ of ~d mn~ ~d ~ ~v~ of ~ ~n~'s ~, ~e ~ T~ is un~ ~d ias~ m ~ ~ ~d d~t~ of ~ ~s~sf~ p~, ~v~ ~ ~ ~ 16~ ~y of ~m~, l~l. ~s E B~y May~ M~ ~ ~s Com~ M~ V~ ~v~ ~ M~ Ni~o~. ~ by ~ foHo~g ~ch, ~, ~, Nichd~ ~ V~t~. Nay~Noun. ~f of ~n ~ m by ~ ~s~ m Nofi~ ~ ~n~ ~ ~ md S~fi~fims f~ ~ ~cfion of Key~ue T~dt F~ Sh~ ~ R~k ~n~ ~d ~ ~ w~ no ~n obj~ ~v~ ~ no ~ o~ ~nt at ~ ~ of ~ ~. ~ M~ ~ ~v~ ~ ~ ~ pupation ~ ~v~ ~d ~. by ~u~ ~ ~og. C~ by ~ foHo~ vo~: Y~Y~ B~y, Co~ Mo~ ~ch, ~n~, ~, NiCely, ~ V~. Na~N~ ~L~ION NO. ~L~ON ~G ~S A~ ~ONS ~, ~ ~o 29~ ~y ~ Augmk 1~, ~ ~fl~ous, f~ ~ ~t ~d ~fi~ ~t ~ ~ ~ ~ ~ ~ of Du~ low~ f~ ~ ~Y~ ~t F~ S~ ~ R~ ~d ipecifientiuns, foam of contract, and eatinmnd cost was published as tuqidred by law. NOW, TI~RI~ORE, BE IT RESOLVED BY ~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said pla~, spectficatlous, renu of conmu:t ami eslimated cost em hereby aPlwoved as the plea, speciflca~ons, form of contract and eslimaed cost for said improvemenU fer said lwojue~- Pa~xl, adopted and approved this 16th day of September, 1991. lames E. Brady Mayor AUest: Mary A. Davis City Clerk Council Member Pratt moved udoplion of the Resolution. Seconded by Council Memhear Krieg. Canind by the following vote: yeus .Mayor Brady, ~C~.. uncli Members Dbich, Kbiusner, Kfie8, N:cholsun, Pratt, Vuntberg. Nays---None. Proof of publication ue~lified to by the on Nodue to Bidders of the Receipt of Bids for the l~Ojuet and ~mmunicalion of City Munsger advising ua bids were tnceived for tho pro,.ct ~o~ September 5th, however, requesliog Counc' to hud public hearing and to .Spl~. Ye ~e plans and spncificalions and unthonze stat to pmcued with ordming bids in early spring of 1992, p~sun~ed and read. Council Member Pratt moved that the proof of pubii- cation and c°mmum'caliun be received ued filed end approved th~ suggested procedure. Seconded by Council Member l~-ing. Coaled by tho following vote: yca~--Mayor Brady, Council Membeas Dolch, Kluusner, Krieg, Nicholuen, Pratt, Vcctberg. Nays--None. RF~qOLUTION NO. 301-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOL VEl) BY THE CITY COUNCIL ON THB CITY OF DUBUQUE, IOWA: That the KeyBun Transit Facility Shop Floor Replueun~nt Project is be~by ordered to be re-adverlised for bids for consU'ucfion. BE IT FURTHER RESOLVED, that the amount of the sanmity to ascompuny each bid shall be in en amount which shall conform to the provisions of the notice to 375 Regular Session, September 16, 1991 bidders hereby alyt~oved as part of the plans and speaificetluns haretofmc adopted. That the City Clud~ is hereby di~oted to re-adve~ise for bids for the consttuction of the iroprovemonte herein provided, to be published in a newspaper having general circuladco in the City of Dubuqun, Iowa, which notice shall not be less than 4 days, no more than 20 days, plier to the receipt of said bids. Said bids shall be opened and read by the City Clerk at the published time and will be submitted to the Council for final action at thc next City Council trd~edn~ subsequent to the receipt of said bids. Passed, approved and adopted this 16th day of Septemhar, 199]. James E. Brady Mayor A~test: Masy A. Davis City Clerk Council Member Pratt moved adoption of thc Resolution. Seconded by Council Member 1Oleg. Carried by the following vote: Yeas--Mayor Brady, Council Mem~ Deich, Kluesner, Kd·g, Nicholson, Pratt. Voethe~. Nays--Nee·. Proof of Publicndon certified to by the Publisher on Notice of Public Hearing to amend the conceptual development plan for the Xavier Park ID Institutiomd Dis~ct+ presented end ~. There were no written objections received and no oral objnclors present at the time of tha heating. Council Member Voctherg moved that thc proof of public~0on bo received and filed, Seconded by Coufloil Member Nicholson. Carried by the following votu: Ye0.s--Mayor Brady, Council Membor~ Deich, Kluesner, Kfiag, Nieholsen, Pratt+ Vcetborg. Nays--None. Gray Kennedy, 801 Davis Avenue, stated the xuques~ed proposed rennin0 is for eighteen m~e garages to accommodate the residents and urged adoption of the Oral, hence. An Or/finance amc·ding Code of Ordl- nences by approving an amended conceptual development plan for thc Xavier Perk ID Institutional District. said Ordinance havin~ been given the first ~eading at the meeting of 9-3-91, presen~ad for further action, (OFFICIAL PUBLICATION) ORDINANCE NO. 70-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA. PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A OF THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE XAVIER PARK ID INSTITUTIONAL DISTRICT Whereas, the K0nncdy Construction Comlmny, owner and applicant, filed an application for an amended conc~ptuul development plan for ceftin properties hereinafter described in accordance with provisions of the ID Institutional District regulations as set forth in Section 3-5.2 of the Cede of Ordinances, Appendix A thereof, of thc City of Dubuque, Iowa; and Whereas, the Zoning Commission has held a public hearing on said amended conceptual dev¢lopn~nt plan pursuant to required published notice; and Whereas, the Zoning Commissitm has approved said amended conceptual development plan subject to specific conditions and restrictions, having found that said plan conforms with the review sUmderds applicable to such plans as. set forth in Section 3-$.2D(4) of the Code of Ordi- nances, Al~codix A thereof, of the City of Dubuque, lowa; and Whereas lhe Zoning Commission re4com- meeded the concurrence of the Cliy Council and approval of said amended concepUml development plan; and Whereas, the City Council has received the recommendation of the Zoning Com- mission and held its own public heating on said concepl~ development plan pursuant to te4ulred published nndce; and Whereas, the City Council has approved said amended conceptual 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: Snc~ion 1. That in order to ncconvplish the propose of the ID lnstitutionul Disfilct of the Zoning Ordinance of the City of Dubuque, Iowa; the amended conceptual development plan fo~ Xavier Park, a copy of which is attached to and made a part hereof, is hereby adopted and approved for thc following described propmy, to wit: Regular Session, September 16, 1991 Lot 6 of Stuoeh~l Commu~ty Subdtvlaioa No. I end to tim center lien of the -ajo~dng puMic fl~ht-of- way, all in the City of Duboqon, Iowa. pmposns of the ID lastitmiomd Dis~ct he~cienbovo dem~lhed is subject to tho foliowln~ conditions *md ~sui~.una. A. Use~' ~ followins regularity to all uses made of had in the obovo dencflbod 1D lnstitutienai Disuict: (1) pfincipalpmniUud asns shallbo limited-to a si~e, multi-family bulldl.n0 conudnin0 · maximum 00 apamnunt umts for the ald~ly ['~] end general offlcas for annul end humeri se~vtcns related to elderly, hendic~q~ed, or low income persons. [2) Aconss~y as~: ~bu following the above described ID institotion~l Disuict provided the uses am Ice. ted enthdy wi~ the Nincipel building except datan gerngns for resident's vehicles can b~ cco- structud outside tho pfincipel buildin~ subject to Section 4-4, Site Plen Review Pmvi~ions: · ) Medlcet oflionkllnic [~6] b) persunsl se~vicns [14] c) Beffour end beauty shops [16] d) Drug smre~hunlth ce~ supplins [1~] e) Lanud~y/d~Y cieenur [19] 0 Laendmmat [22] 0) Grnce~ sux~ [171 h) Rnstuumnts or cafeterias: flower shops; gili shope; candy, ci~ur or mngealne stands [17] i) Churchez [?] All of the nsas onstumudly incidental to the lxincipel ~nmlued use in amjenetio? with such nconsen~ use 10 ~ or metnndncd, but not to include commercici uses outside lhe Inincipal building. B. Lot end b~. Maximum lot ~ov~nlmmu f~out yerd setbeck = 25 feet; ndnimum side yerd setback = 10 feet plus one foo~ for each floor above first floor. puddng reqai~muunts for the pti 'Pai 376 nses end nccesnc~y urns for the de.bed ID Institutional District shall bo dnsigented by the Ixackct enclosed number nc~t to the usc, as de~fibud in Section 4-2.7 of the Zoning Or. hence of tho City of Dabuqnc, Iowa. D. Tin-e. The conceptual development ~,, wi"~ uroinct time table as submi~l pt ........ d end that Phase IV hns begun, shall be vail for a periud of two yem. B. ~. Transfer of ownership or lease of pro~ in this ID Institutional Di~ulct shall include in the uensfer or lense ngt~ement a pwvision that the pmchaser or lessee acknowledges awncencas of the conditions authorizing the establishment of the disUlcL Passed, approved and adopted this 16th day of Septembor~ 1991. Jam~s E. Brady Mayor Attest: Mmy A. Davis City Clerk Published officially in Ih· Telegraph Herald this 24th day of September, 1991. Maxy A. Davis City Clerk It 9/24 Council Member Vuntharg moved that this bo considered the second reading of the Ordinance and that the rule requlfin0 that a I Ordinance be ccosidered end voted on for passage at two Council meetings prior to the meeting at which it is to be linully adopted bo suspended end further moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Canled by the following vote: yens---Mayor Brady, Council Membor~ Dalch, Kluasner, Krleg, Nicholson, Prati, Vontborg. Nays--=Noee. Council recessed at 9:13 p.m. Council reonnvened at 9:2? p.m. Counnenicadion of City Manager submit- tins bidding donuments providing for the consteuction of WaStuwater Treatmoni Facility building sewer lining project+ prnsunted end ~=ad. Conncil Member Pratt moved that the onmmunicudon bo received end filed. Seconded by Council Member Krleg. Carried by the following vote: yuns -Mayor Bxady, Coundl Members Deich, Kluesner, Kfiag, Nichalson, Pratt, Voethurg. Nays--None. 377 Regular Session, September 16, 1991 RESOLUTION NO, 302-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whemea, the l~opo~ed plans, q~ifien- tinm and f~ ~ ~t f~ ~e H~ng of · e Sl~ge ~s. B~ng ~w~ at ~e W~ ~Hufion Cun~l ~t - Dub~, Io~ ~ ~e as~ ~t ~ $1~,~ ~ve ~n ~ by IIW ~ ~ · e ~m of ~e ~ty. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The pmpezed plans, specifications, and form nf contruct 'a~ approved and urde~d filed in the office of tho City Ciark fur public inspection. Passed, approved and adopted this 16th day of Septemher, 1991. James E. Brady Mayur Attest: Mary A. Davis City Clerk Coanuil Member Pratt moved adoption of the Re~olution. Seconded by Council Member Kring. Canied by the following vote: Yens --Mayur Brady, Council Mumhe~ Dutch, l~uasanr, Kring, Nicholson, Pratt, Voetherg. Nays---None. RESOLUTION NO. 303-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa. has ~iven its preliminsrY approval of thc ll~'~osed plans, specifics~ *ions, and fora of contract end placed same on file in the office of the City Clerk fur public inspection of the lining of the Sludge Process Building sewers at the Water Pollution Ccmmi Plant, Dubuque, lows. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That on the 7th day of October, 1991, a public hearing will be held at 7:30 p.m. in tho Public Library Auditorium at which time interested persons may appear and he heard fur ur against the proposed plans and specifications, form of contract and c~t of said imp~vco-~nt, and onusea notice of time and Place of such hearing to be publishcd in a newspaper having general circulation in tho City of Dulmqns, Iowa, winch notice shah be not less than four days nor more than twenty days priur to the day fixed fur its considera- tion. At the heating any interested person may appear and file objections to the proposed plans, specifications, furm or conh, act. or nstimated cost of the improvement, Passed, approved and adopted this 16th day of September, 1991. James E. Btedy Mayor Attest: Mary A. Davis City Clerk Coancil Member Pratt moved adoption of the Resolution. Seconded by Council Member Kring. Cun'ied by the following vote: Yens--Mayur Brady, Council Members Deich, Kluesanr, Kfing, Nicholson, Pratt, Voetberg. Nays--Nons. RESOLUTION NO. 304-91 ORDERING BIDS NOW, THEREFORE, BE IT'RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the lining of thc Sludge Process Building sewet~ at the Water Pollution Conirol Plant - Dubuque, Iowa, is hcl~by ordered to be edvertised fur bids for oonsffu¢lios. Section 2. That the amount of the SeCurity to accompany each bid shall be in an amount winch shall conform to the provisions of the notice to bidders hereby approved as part of the plans and specifications hex~tofo~ adopted. SecBon 3. That the City Clerk is hereby diruct~ to edvc~ise fur ind~ for the const~ction of tho improvements herein provided, to be published in a newspeper having generui cffenlmion in the City of Dubuque, lows, winch notice shall not be less than four days nor more than twenty days priur to the receipt of said bids at 2:00 p.m. en the 1st day of October, 1991. Bids shall be opened end rand by the City Clerk at said time nnd will be submitted to tho Council for final action at 7:30 p.m. on thn 7th day of October. 1991. Passed, approved and edopted this 16th day of September, 1991. Regular Session, September 16, 1991 378 Jam~ E. Bnuly Mayor Attest: City Clerk Council Member Pratt moved adoption of the Reno~ution. Seconded by Council Member KrieS. C. mied by tim f~lowin~ vote: Yens--Mayur Brady, Council Members Deiuh, IQuelae~, K~g, N/cholann, Pr~ Voethe~. Nays--None. Communication of City ManaSer submit- ting dounmmts lwovidin8 fur the consm~c- *ion of an nmer~ncy access enedway along tho westarly e~n of the Ice Harbor, between lat and 2ed $~eets, pwesanted and read. Council Mamber Vcetherg moved that the cormunnicatiun be received and filed. Seconded by Council Member Nicholson, Carried by the foBowing vote: Yens--Mayur Brady, Conncli Members Ddich, Klanscer, Kzing, Nicholson, Pratt. Vontberg. Nays-- Nono. RESOLUTION NO. PRELIMINARY AI~ROVAL OF PLANS AND SPECIFICATIONS NOW, TI~RI~RB, BB IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Passed, adopted and &pproved tiffs 16th day of September, 1991. James E. Bzedy Mayur Attest: Mary A. Davis City Clerk Council Member Vunti~rg moved Mop- lion of the Resolution. Seconded by Council Memhe~ Nicholson. Canted by tho following vote: Yoas--Mayur Brady~ Council Memhe~ DUlch, Kluemar, Kfing, Nicholsoo, Pratt. Voetherg. Nays---Nons. RESOLUTION NO. FIXING DATE OF HEARING ON PLANS AND SPFAXFICATIONS Wiz~ens, tho City Council of thc City of Dubuque, Iowa, Im ~ivco its preliminary approval on tho propumi plans, speciflen- tiom, and form of cuntr~t and placed asn~ on file in ti~ offien of the City Clerk fur puMic inspection of the lee Harbor Development - Emergency Access Roadway. NOW, TI~RBI~RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of October, 1991, a public hen~ng will be held at 7:30 p.m. in the Public Liheary Auditorium at winch time intarnsted pa~uns may appear and be he~'d for ur nguinst the proposed plans and specifications, furm of conUact and cost of said impmvnmeni, and the City Clerk be and is he.by directed to cause a notien of time and place of such heating to be published iu a newspaper having general circulation in the City of Dubuque, Iowa, winch notice shali be not less than four days nur mo~ than twenty days pfiur to thn day fixed for its considemtico. At the heating, any interested person may appear and file objections to die proposed plans, specifications, contract, or estimated cost of the Passed, adopted and approved this 16th day of Sep~emher, 19~I. James E. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Vcetberg moved edop- fion of the Recolution. Y~..coeded by Couned Membe~ Nicholaon. Cnrfied by the foliowlng vote: Yens.--Mayor Brady, Council Members Daich, Kluesner, Fotng. Nichulson. Pratt, Vcotberg. Nays-None. RESOLUTION NO. 307-91 ORDERING BIDS NOW, Tt~REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the iur Harbor Dcvulppment - Emergency Access Roadway is hereby ordered to be edve~sed for bids for BE IT FURTHER RESOLVED, that the amount of tho arcmity to acconvpany each hid shall be in an amount winch shall conform to the provisBms of the notice to bidders hmeby q.l..~,~ed as a pu~ of the 379 Regular Sssslon, September 16, 1991 Thai the City Clerk is hescby die,ted to ndve~ise for bids for the constmcllon of the iml~ovoman~ han~n provided, to be pub- lished in a ncwspulmr having general ~irenla- tion in the City of Dubuque, Iowa, which nolice shall not b~ less than four days nor mo~ thue twenty days prior to the rec~pt o£ said bi~ at 2:00 p.m. on the 26th day of ~ep~mnber, 1991. Bids shall be opened and ~.d by the City Clerk at said time and will be submitted to the Council for final nction at 7:30 p.m. on the 7th day of October, 1991. Passed, adopted and approved this 16th day of September, !991. Jsroes i~ Brady Mayor Attest: Ma~ A. Davis City Clerk Council Member Vuntberg moved edop- lion of the Resolution, Seconded by Council Meshes Nichnison. Cenied by the following vote: Yens--Mayor Brady, Council Memb~s Dnioh, Kluesner, K~g, Nicholson, Pratt, Vunthe~. Nays--None. Conuunnication of Zoning Commission advising of their approval to reclassify property at 395 W. 9th Street, 940 Bluff Street and adjoining parking lot from OR to C-4 District, presented and n~nd. Council Membes Ventberg moved that the com- municndon be n'.ceived and filed. Seconded by Council Member Nicholson. Canied by the following vote: Yens~Mayor Bredy, Council Membe~ Ddich, Kluesuer, Kfiell, Nicholson, Pra~ Vuntberg. Nays--None. An Ontinance amending Zoning Ordi- nances by ~nclessifying propefiles located at 940 Bluff Stsee~, 395 West Ninth and other unnumbered property near the intersection of Ninth Street and Bluff Stseat. from OR Office Residential District to C-4 Downtown Commel~al Districi, Im~s~nted and read. Council Member Voetbe~ moved that Ods be consld~n~f the filet reading of thc Ordinance, and that the rcqni~n~at that a proposed Ordinance be censidesed and voted on for passage at two Council meetings prior to the meedng at which it is to be finally ndopt~d be suspended and further moved that a public hesring be held un the prope~ed Ordinance en the 7th day of October, 1991, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Canied by the following vo~e: Yces--Mayor Brady, Council Members Ddich, Kluesner, K~ing, Nicholson, Pratt, Vontberg. Nays---None. Communication of Zoning Commission advising of their ap~'oval to ~zo~ ~ located West of the existing No~h Ranie Court from PR to R-1 l)is~ct, presented and ~l. Council Member Klncsnes moved that the communication be ~.~ived and filed. Seconded by Council Member Nichnison. Canied bythe following vote: Yens--Mayor Brady, Council Members Dnich, Kinesncr, Kriell, N{cholson, Pratt, ¥oetborg. Hays---None. An Ordinance amending Zoning Ordi- unnce by reclassifying property located at the Western end of North Range Court 'and North of Pennsylvania Avenue from PR ?lanned Residential District to R-I Single- Pan~ly Residential District, presented and read. Council Member Klunsnor moved that this be considclv.~l the fi~st n~ding of the Or~unnce, and that the teqniron'~nt that a inopesed Ordinance be considea'ed and voted on for passage at two Coundl meetings prior to the mcellng at which it is to be finally adopted be suspended and further moved that a public h~uinll be held on' the lnOpeaed Ordinance on the 7th day of October, 1991, at 7:30 P.m. in the Public Liinory Audi- to~um and that the City Clesk publish nollcc in the manner prescribed by law. Seconded by Council Member Nichnison. Carried by the following vote: Yeus---Mayor Brsdy, Council Members De,ch, Kinesuer, Kfing, Nicholsen, Pratt, ¥octhe~g, Nays--None. Communication of Zoning Commission advising of tbei~ approval to rozone prol~rlles lo~ated at 3328, 3350 and 3360 Center Grove Ro~l and adjoining property from LI to PI DisUict, pre~nted and read. Council Member Yuntberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Canied by the following vote: Yeas--Mayor Btedy, Council Members Deich, Khiesner, gring, Nicholson, Pratt, ¥oetherg. Nays---None. An Ordingnce amending Zoninll Ordi- unnce by n~lusstfytnll properties et 3328, 3350 and 3360 Cante~ Grove Road end edj~ning p~rties from LI Light lndus~ial to Pi Planned Industrial District, presented and ~d. Council Membe~ Voetherg moved that Ibis be cousidesed the first reading of the Ordinance, and that the reqnirem~nt that a proposed Ordinance be c(msidered and voted on for passage at two Council meetings l~ior to the meeting at which it is to be ~nnily adop[ed be suspended and further moved that a public healing be held Regular Session, September 16, 1991 38O on the inopo~ed Oldinunce on the 2tat day of Oc~be~, 1991, st 7:30 p.m. in th~ Public pubiinh no~iue in sh~ nmm~ Imbibed by inw. Sncc~led by Council Mamb~ Nichobou. ~ by the following v~: yuns--May~ Bmiy, Council Memben I)nich, Kluemer, l~ing, Nicholsou, Prat, Vun~o~. Nays--Nene. C.-r~r ~ist dot ~d ~t~ d~hial tO nllOW store' in a C-I Dlmict, l~e~ated arui ~esd. Council Meesb~ Pratt moved thst the municallon be menlved end filed. Seconded by Council Member Nicholson. Canied by the following vote: ye.ss---Mayor Brady, Council Members Dnich, Kluesner, Kdng, Nicholmn, Por~ Vuntbe~. Nays---None. An Ordinance amending Code of Onli- nenuns by adding "Appliance Sales and Se~un" as a permitted ese in the C-I Neighborhood Comme~al Zeninll Dis~ict, p~aanted end ~end+ Council Member Pratt moved ~ this be connidmed the first n~linll of the Ordinance, and that the ~.qnixemant fist & pmpused O~rdhumce bo considered and voted oa for p~s~e at two Council muedep !ntor to the mueling at which it is U) be finally ed~pted be suspended ued further moved that a public hearing be held on she proposed Ordinance on the 7eh day of Octobes, 1991, et 7:30 p.m. in the Public Library Anditmlum end that the City Clesk publish nollun in the munnes IXusc~bed by law. Sueunded Council Mambor Nichdson. C~iea by following yom: yens--Mayo~r Bnniy, Coencil Memben Delch, Klu~uer, Kfing, Nicholson, Pratt, Vunther~. Nays---None. An O~inance en~ndiug Code of OnB- unnces by adding "Music Stores" as a pexmifled use in the C-I Nnigh.b.or?anO~d Commercial Zoning DisU~cta, pmsan~eo ods be conslde~l the first mulinll of the Orinase nnd that it be set for public heating on Octohe~ 7, 1991, et 7:30 p.m. in she Public I.it~e~'y Auditorium and that she City Clerk publish no'un in the manuor pmlorlbed by law. Seconded by Council Me. tuber Pratt. Vot~ oa the motion wus us f~llows: yes~.-Councll Iviembm Kluesuer, Kling, ~ Nays-Mayor Brsdy, Council Members Delch, Nicholson, ¥oethor~. Mation failed. Communication of Zoning Commission ndvising of their dahini to ~lussify lwopeflice located at 1105-1155 Lorss Bouhivaxd from C-I to C-~, l~usented and med. Council Member Vuntbet'~ moved that the commm~cetien be ~cnived and filed. ~e~xmded by Coun~l Mambe~ Pest~ Canled by ~ following vote: yees-Counnil Membe~ Deicll, Klncen=, Nicholson, Pratt, Vunthor~. Nays---Mayor Bredy, Council An O~inuece amending Code of 0~t- 105-1155 Lrsnc Bonsevard, Itom ~ Neighborhund Commeseinl Dislrict to Nalshbeshco~ Shopping Center DisUict, Council Member Voetbe~g moved that this be conside~t the fi~st ~esding of the OrdinanCe, and that the reqnixemeat that a ixopo~d O~dinence be unnside~d and voted on for passage at two Council meetings prior to the mcellng at which it is to be tinnily · public hcering be hem on u~ Ordinance on the 21st day of October, 1991, et 7:30 p.m. in tbe Public Library Auditmlum ami that the City Clerk publish notice hi tbe manner p~scfibed by law. Seconded by Council Member Pmtc ¥oto on the motion wes as follows: yees--Coencil Members Delcb, Klunsne~, Ntcholson, PraU. Ventber~. Nays--Mayor Brsdy, Council Member Kdng. Mollen failed due to lack of 3/4 vote. Council Member Venthetg moved that this be considered the first reading of the O~inunun and that it be set fc~ public heming on October il, 1991, at 7:30 p.m. in tim Public Lil~uy Auditorium and that the City Cierk publish notice in the manner Membe~ Pratt. Canied by the following yeus~Coancll Members Deich, Khiesncr, qicholson, PraU. Voetherg. Nays---Mayor Bredy, Council Members Krieg, Communicndon of Zoning Commission edvislng of their denial of ~quest to rezone property located n~th of Salem/south.wes! of Valley Road from R-I to R-4 Dismct, and sead. Council Member Prat~ the communication be n~:elved and filed. Seconded by Council Member Kdell. Canied by the following vote: yess -Council Members Dalch, Kluesnor, K. flell, Nichnison, Pratt. Nays---Mayor Brady, Council Member Voethe~. An Oldiunnce Arncndinll Zoning O~i- nunce by ~eelsesifyinll lwope~y located at ~o~h and Southwest of Salem Suunt, from R- 1 Single-Family Realdenllal District to R-4 Multi-Family Residential Dislfict, presented 381 Regular Session, September 16, 1991 and mad. Council Member Vnethnrg moved that they concur with the denial. Seconded by Mayor Brady. Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Vnetherg. Nays-Council Member Doich, Rinemor, Kring, Nichnlecn, pre~ Motion failed. Council Member Pratt moved that this be comiderad the first reading and that it be set for public hearing on October 7, 1991, at 7:30 p.m. in the Public Lllmlry Auditorium and that the City Clerk publish nedco in the manner prescribed by law. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Councll Members De,ch, Klunsner, Kriag, Nichclsen, Pratt. Nays~Mayor Brady, Council Member Vcethezg. Boards and c°mmlsslons: Ahport Commission: Communication of Aizpo~ Commissioner Chad Cox submitting his resignation from the presented nad read. Council Member Klnesner moved that the communication be received nad filed and accepted with regret. Seconded by Council Member Pratt. Caeded by the following vote: Ye. es--Mayor Brady, Council Members Deich, Klnesner, Krlng, Nicholsen, Pratt, Vcethcrg. Nays--None. Council Member Klucsner fur~er moved that it be resclved that Dennis ltonithna be appointed to a six year term on the Aitp~t Commission which will expire September 14, 1997, nad Masllec Hamunnn be pointed to a term which will expi~ September 14, 1996. Seconded by Council Member PretL Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klecsner, Kriag, Nicholson, Pratt, Vontberg. Nays--None. Petition of the Parish Council of St. Anthony's Church requesting the vacation of Rosednie Avenue from St. Ambrose ess~rly approximately llO feet; Communication of City Manager recommending to deny the petition of St. Anthony's Church for the closure nad vacating of Resednie Avenue between St, Ambrose Street nad Avoca Street; peililun of Carol Bitter opposing the closing of Rosednie SUe. et; Petition containing 1,135 signatures objecting to proposal to close Rosndale Avenue; Pciltion of Sis~r Rose Koehier, BVM, Principal of St. Anthony School, requesting closure of Rosedale Street as lx~lx~ed; petition containing 423 signatures favoring the proposed improvements to Rosedale Avenue as proposed by St, Anthony's Parish, presented and read~ Merlin "Bud~ Schnitz, 1898 Adair, Elmer Redgers, 2085 Rosadale Avenue, Richard Dnvis, 2028 Cierke Drive, objected to proposed clesure of portion of Rceedale. Stephnaie Weber, Perish Council President, Connie Irlbeck, Principal of St. Anthony's, Mr. end Mrs. Ron Radmond, 1911 St, Ambrose, Fr. Eugene Kutsch, Pastor of St, Anthony's, Joe Ginainn, 2015 Clarke Drivn, Dan Arnold, 2447 Cherty Street, Bob Peacock, 2647 Sun Ridge, Jerry Koppos, President of Board of Education, Dave Ulsted, 2320 Buckskin Ct,, John Decker, 2620 Asbury Road, all spoke requesting closer~ of thc St. Ambrose S~rect. Council Member Kriag moved that they approve the request of St. Anthony's to cl6se nad vacate Rosedsle Avenue between St. Ambrose Street nad Arena Sager. Seconded by Council Member Pratt. Vote un the motion was as follows: Yeas.--Couucfl Members Kfiag, Pratt, Nays--Mayor Brady, Council Members Deich, Klnesner, Nicholsen, Voetberg. Motion failed. Council Member Pratt moved that they refer the matter to the City Manager nad Public Werks Director,~ity Engineer Io explc~e all alternatives to enhance the safety of the children in the school nad to check traffic concerns at St. Ambrose & Clerke Drive. Seconded by Council Member Nichulsen. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klecsner, Kriag, Nicholson, Pratt, Voetberil. Nays--None. Petition of Timothy A. nad Deborah A. Michel requeedng a varinaec on Section 44-53 of the City Code reganling the issuance ora private sewage disposal system where the area of the p~porty lot is less than 15.000 squem feet and unmmunicailon of City Manager providing additional informa- tion pertaining to alternatives and requesting Council direction, presented and read. Tim nad Debbie Michel, 2646 University, spoke to the petitioa Council Member Psett moved that the petition and communication be received and filed and refen~l to the City Mnaager to provide asstwnace the system is working, however, not in accordance with the Cede. Seconded by Council Member Nichulsen. Carried by the fcllowiag vote: Yeas--Mayor Brady, Council Members Deich, Klneseer, Kring, Nichnlson, Prat, Voetherg. Nays--None. Communicadon of Jeffrey Mozena, Chairperson of Cable C~ Square Task Force, requesting to address thc Council to present the development plan for Cable Car Square for Considerailon and referral to City staff for review, p~sented and read. Jeffrey Regular Session, September 16, 199t 382 p~unnted ~be day--at plun as ~ by Cable Car Squnm T~sk Fo~e. ~o Member Ninholson moved that thn ecm- municaflo~ hn received nad film md Seconded by Council M~mber Pmt~ Canted by the following vote: yess~Mayne Bnniy, Council Mombess Ikich, Klucnaer, IQiag, Nicholaon, Pratt, Vcethe~. Nays=None. Petition of Amedcun Pcetal Workess Union, Local 2339, requesting to address the Council on the issue of sending "local" Duhnqne ~ m Cedar Ralids for pmecssin~ and ~o. nes~ng suppmt from tho City Council to sllow locul mall to stay in the city of Duhnque~ p~sented and mul. Council Member Pratt moved that the petition be recnived nad filed and refereed to thc City Manager to ~ appropriate resuluilon, Seconded by Conneil Member KInesner. Canied by the f~lowing vote; Yeas--E~y~ Brady, Council Members Deich, Kluemer, Kflng, Nichclucn, Prs~, Vontberg, Nuys=Noun, Conununicatton of C. mporeilon Counsel sub~tting copies of the C~'s ~ ~ . ~ of V~nt McF~d~, et ~ w ~ of Du~q~ ~d J~ E. B~y, ef ~ v~ ~ of Du~ ~ ~, ~d ~g f~ M~ V~t~ ~v~ ~t ~e ~- ~fion ~ ~v~ ~d ~ ~ ~meas~ ~nfin~ ~ ~ ~ ~ Se~ Co~ ~nd~ by Com~ ~m~ Ni~ol~n. C~ by ~ foH~ v~: Y~ay~ B~y. C~ ~m~ ~ch, ~s~r, Kfieg, Nicholson, ~att, V~t~r~. Nay~N~. Vetbni petition of Mayor Brady, Council Members Pratt nad Vunthor~ n'XlUesilag to di~ct the Cmporafion Counsel to preps~ necessary dacum~nts for the inv~un~ nanexation of the Mines of Spain to ~ City of Dubuque. Council Merehnr Vunther8 moved that the Cerpomilon Counsel be directed to prepare necessary documents for the invuluntssy nanexation of the Mines of Spain to the City of Duhnqne. 5uconded by Council Mnmber Prau. Canied by the following vote: Yeas---Mayor Brady, Council Mambers Kfieg, Pratt, Voetherg. Nays--Council Members Deich, Klnesuer, Nicholson. Communication of City Manager reunm- mandiag to coineinemte nowrneycluhie waste paper and non-recyelable waste nil with sladile at the Water Pclluilon Control Plant, pre~n~l nad ~ Rich Hendmson of Troop 11 and DARN and Paul Schcltz, 1008 Victoila, spoke. Council Member Nicholson moved llmt the communicallun be received and filed and def~ed to staff to defer the de~ision to October '/, 1991. Seconded by Council Memb~ Pratt. Can'lad by the following vote: Yeas---Mayor Brady, Council Members De~ch, Kluesner, IG'teg, Nicholson, Pratt, VcetbezL Nays=None. RESOLUTION NO. 308-91 RESOLUTION PROVIDING THAT 1F THE ELBCTORA~E APPROVES AN INCREASE IN TIlE RATE OF THE HOTEL AND MOTEL TAX FOR ~ CITY OF DUBUQUE FROM FIVE PERCENT (5%) TO SEVEN PERCENT (7%), ENI~ECT1VE JANUARY I, 1992, AT THE GENERAL ELECTION ON NOVEIVlBER 5, 1991, THEN FIFTY PERCENT (50%) OF THE SEVEN PERCENT ('7%) TAX REVENUE SHALL BE A~TED BY THE CITY COUNCIL TO BE USED FOR THE PROMOTION AND ENCOUR- AGEMENT OF TOURISM AND CONVENTION BUSINESS IN THE CITY OF DUBUQUE, IOWA Whereas, Section 43-52 of the City of Duhnqne Code of Ordinances provides for the irr~posiilon upon the gross receipts from the renting of nay nad all ~oms, apartments or sleeping q~te~s in any hotel or motel a tax at the ra~ of five percent (5%) of such gross receipts desivad from the mnilng of such rooms, aNmments or sleeping quarters while mntad by the san~ person for a po~od of not rne~ thna thirty-one (31) consecuilve days; and Whereas, Iowa Code Sneilon 422A. 1 authorizes a city to increase such tax rate to a rate not to exceed seven (7%), which increase may only be inv0esed nfler un election at which a majority of those voting on the question favor such increase; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the question of whether or not the rate of such lax should be inee~u~ad from five percent (5%) to seven per.ut (7%) should be placed upeo tho ballet and submitted to the elec- torate at the General Election to be held on November 5, 1991; and Wberees, the City Conncil of the City of Dubuque, Iowa, has determined that if the alectorete approves of na increesc from five pereunt (5%) to seven (7%), then fit~ percent (50%) of the tax revenue should be Regular Sssslon, September 16, 1991 ~ for the promotion and nncoura~emmt of ~mu~sm and convenllon buainc~s in the city of Dubuque. NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: S~Aon L If the electorate approves ~m inc~ese in tho rate of the Hotel and Motci Tax for the City of Dubuque from five percent (5%) to seven (7%) at the General Elnction of November 5, 1991, nffuntivn lueuasy 1, 1992, fifty percent (50%) of tho seven petount (7%) tax tevunue is here. by allocated for use for the promotion und encottr~ement of tourism and convention business in the city of Dubuquc~ lowa. Passed, approved and adopted this 16th day of September, 1991. Attest: Mat,/A. Davis City Cie~k Jarecs~B~y Council Member Pratt moved edoptico of the Resolution. Seconded by Council Mcmbe~ Voctbe~. Caeded by the following vote: Yeas-Mayor Brady, Council Members D~4ch, Klunsner, Kfieg, Nicholson, Pratt, Voetberg. Nays--Noun. Convunnication of Zoning Commission advising of their approval of final plat of Phase I of Sunny Slope Estates located west of Emb~sy West Subdivision, pn~nented and rend. Council Member Pratt moved that the Seconded by Cconcil Member Nicholsen. Csnied by the following vote: Yeas---Mayor Brady, Cconctl Members Deich, Klncsner, Krles, Nicholson, P~att, Voetbesg. Nays-~Noun. RESOLUTION NO. 309-91 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-20 OF BLOCK 1, LOTS 1-13 OF BLOCK 2, LOTS 1-13 OF BLOCK 3, LOTS 1-6 OF BLOCK 4, LOTS 1-11 OF BLOCK ?, AND LOTS A,B,C,D, AND B OF SUNNY SLOPE ESTATES, ALL COMPRISED OF LOT 1 OF MINERAL LOT 401 AND LOT 2 OF THE SW 1/4, NE 114 OF SECTION 20, T89N, R2E, IN THE CITY OF DUBUQUE IOWA Whereas, thew has been filed with the City Clerk n final plat of Lots 1-20 of Block 1, Lots 1-13 of Block 2, Lots 1-13 of Block 3, LOts I-6 of Block 4, Lots 1-11 ofBlcok 7 and Lots A, B, C, D, and E of Sunny Slope Estates, all comprised of Lot I of Mincral Lot 401 and Lot 2 of the SW 1/4, NE 1/4, of Section 20, T89N, P.2E in the City of Dubuque Iowa; and Whereas, upon said fiunl plat nppen~ st~ets to be known ns Hummin~ Bird Drive, Little Valley Drive, Angel View Drive, No~h Star Dflve, to,nth= with ce~in public utility and drainage easements which the ownm, by said final pint have dedicated to tho pebllc fo~ve~, and Wberens, said finai plat has been exam- ined by the City Zoning Com~ssico and had its approval endorsed thereon subject to the applicants agreeing to the conditions noted in Section 2 below; and Where;z, the 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 no public utilities ec sUeste have yet been iesmllad~ and Whereas, the City Council concurs in the coaditicos of approval established by thc Zoning Commission. NOW, THEREFORE, BE IT RESOLXED BY THB CITY COUNCIL OF ~ CITY OF DUBUQUE, IOWA: S~llon 1. That the dedication of Humming Bird Drive, Little Valley Drive, Angel View ]3five, North Stsr Drive, together with the easements for public utilities and th'ainagn as they appear on said final plat, be and the same ate be~by accepted. Section 2. That final plat of Lots 1-20 of Block 1, Lots 1-13 of Block 2, Lots 1-13 of Block 3, LOts I-6 of Block 4, Lots 1-11 of Block 7 and Lots A, B, C, D, and E of Sunny Slope Estates, all con~ised of Lot 1 of Mineral Lot 401 und Lot 2 of the SW I/4, NE 1/4, of Sncfion 20, T89N, R2E in the City of Dubuque lowa, is he. by approved and the Mayor and City Clerk are he.by authorized and g~cted to endorse thc approvai of the City of Dubuque, Iowa, upon said final plat, provided that the owners of said prOl~ beeraiu named, exunute tbeir wirten acceptance bexcto attaohed agrecins: a. Install a tempora~T nccoss road f~om Phase i to Radford Road for consI~uction access and local traffic; ____~ular Session, September 16, 1991 b. Co~ Humming Bl~d D~ve and ~hn extemton of ~ ~ve ~ ~e ~ En~n~ ~d in pla~ e. To ~s~ wa~ ~ns ~ w~ f, To im~ s~ ~ ~ by ~s ~ wh~ in gen~ ~ ~ ~ ~v~ h. Totn~ ~cv~ s~t i, To ~nsffuot the im~v~n~ ~ ~ ~ ~s un~r ~e i~on ~ ~e ~ ~r~n , To ~t ~d ~ of ~ ~ of ~s B~ ~ve ~ ~ S~ ~ve ~d 384 m. To provide ~ fot~goiug consUuction nnd runinUmunce st ~e ~o ~ of &e n. ~ ~ fi~ own~ of 1o~ inc~ ~ ai~ ~ ~ s~ ~n o~ ' of ~e ~on of s~ct~ on log o. To ~ ~ e~on ~n~l ~ ~ ~m~fl~ in a ~r And f~ ~d~ ~ Imeph F. Siegen ~ Ru~ Si~e~ ~ ow~ of ~d f~g~ ~dom ~d~ in S~hon z by ~vi~ng ~ ~ s~h f~ ~d ~ su~ s~les ~ ~Y ~ ~pmble ~ ~e City M~ of ~ ~ of Dubuque. S~lon 3. T~t in ~e event ~e a~ve ~n~o~ ~n~ of ~d ~ s~ f~ s~ ~vid~ ~ ~on 2 ~f n~ ~ v~d ~ ~ of ~e ~on ~ ~v~ of ~e plat sh~ not p~, ~v~ ~ ~ ~s 16~ ~y of ~m~r, l~l. ]~s E. B~y May~ M~ A. Davis ACC~CE OF ~OL~ON NO. ~-91 We, ~e un~ig~ Ernest M. ~d ~ F. S~v~ o~ of ~d Da~ in Dubuque, Iowa ~s lg& ~Y of ~ ROAD DE~P~, ~C. By: E~st M. Q~ VI~ ~si~ut 385 Regular Session, September 16, 1991 ~ is to ~ify that the proper seemity required for the foregoing Resolufiou No. 309-91 has been filed in uccon~anue wis snid Rnsolutinn. Da~.,d at Dubuque. Iowa this 23rd day of W. Kenneth Geatha~t City Manager Council Merehnr Pratt moved adoption of the Rnsoinflon. Seconded by Council Member Nicholson. Carded by the following vote: Yeas=Mayor Brady, Council Membe~ Duioh. Kinesuer. Kfing, Nicholson, Pratt, Vuetherg. Nays---None. Communication of Corporation Counsel submitting revised Ordinance prohibiting underage persons from businesses selling alcoholic bevemgns; petitions r©ceived from ~ & Laurel Davi~, Cinra 0, Dolter, Klm Reitringer, Jim & Vickie ]~.. Lori and Jay Dull. Lois Rngan. John & Agnes Wagner, William B. & Cynthia A, Lucey and Jeff & Sahid Fredericks supporting the passage of said Ordinance and petitions of Kath~n Schilt~ Carol Westhoff and William Reckmd supporting proposed Ordinance. presented and read. Council Member Nicholsou moved that the communications and petitions be received and fled, Seconded by Council Member Kring. Carrie~ by Ihe following vote: Yens--Mayor Brady, Council Membe~ Dalch, Klunsner, Krleg, Nicholsnn, Pratt. Vuetberg. Nays-None. John Manse, Police Chief, spoke and requested approving the proposed Ordinance. Gerald Jorgensen, 2183 St. Celia, Dean Rampsnn, 1158-1160 University Avenue, Bob Fisch, John Thfil, Paul Oliver, 691 N. Booth, Rnge~ Knnda of Gonsers, 1105 University Avenue, Crrng Chapman, 743 N. Booth, Paul Feller, Poli~ Captain, all spoke requesting approval of the proposed An Onlinanea amending Chap~n- 5 of thc City of Dubuque Code of Ordinances by enacting n new Section 5-7.6 prohibiting undansge persons from certein p~mises where alcoh~ic liquor, wine or beer is sold or dispensed and providing that permittces or licensees shall not allow underage perseus on such premises, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 71-91 AN ORDINANCE AMENDING C~ 5 OF THE CITY OF DUBUQUE CODE OF ORDL NANCES BY ENACTING A NEW SECTION 5-7.6 PROHIBITING UNDERAGE PERSONS FROM CERTAIN PREMISES WHERE ALCOHOLIC LIQUOR, WINE OR BEER IS SOLD OR DISPENSED AND PROVIDING THAT PERMi'i-rt<ES OR LICENSEES SHALL NOT ALLOW UNDERAGE PERSONS ON SUCH PREMISES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 5 of the City of Dubuque Code of Ordluenees is hereby emended by adding tho following new Section 5-7.6: (1) It shall be unlawful for any penion under the age for lawful purchase and/or pcesession of alcoholic beverages to enter uny p,~mises between the hoots of 9:00 and dosing where more than' 50% of the business conducted on such premises is the sale or dispensing of liquor, wine or beer excepi as set forth in Paragraph 2. (2) TheprohibitionofParngraph 1 shall not apply: (a) To an underage persou who is an empinyco of the licensee or permittec, or performing a conlracled service for the licensee or permittee on the premises; (b) To an ueder~e person who is accompanied on the p~mises at all times by a parent, guardian or spouse who is not under the age for lawful purchase and/or possession o£ alcoholic ,hnverngos; (c) To an tmdernge person on the premises during a period of iln~ whnn the licensee or permlttee, in aueordanue with a written plan given to and approved by the Chief of Police, has suspended dispensing alcoholic liquor, wine or beer on the licensed or permitted premises or in a cle~ly delineated area of the licensed or pelmitted premisea. During such period of time, the licensee or pennittee shall not permit any underage person to purchase or possess alcoholic liquor, beer or wine on the the premiss at any tirn~ to monitor compliance with all applicable laws. Regular Session, September 16, 1991 0) No licensee or p~.='~ shall allow uny peruea undm 0.,. nge fun inwful pmchaue and/or imss~i~n of ~o ~v~ m ~ ~ of 9:~ ~ ~ ~ w~ ~ b~n~ ~d~ ~ ~ ~e ~ &~ ~ ~c ~qu~, ~ ~ ~, ~ H~ ~ ~ of ~y b~s ~t ~ ~o~ Hqu~, ~ ~ ~ f~ on-~ ~on s~ ~ ~ m N~ ~ P~m U~ ~ ~* f~ ~ ~ ~ Pm~n of ~m~c ~v~: You ~ suM~t ~ a ~m~ fl~ of $1~.~ f~ ~i~ on ~ ~ ~n ~e ho~ of 9:~ ~ ~d cin~ng u~uss ~u ~ e~oy~ by · e o~ ~ by · ~n~ g~ ~ s~ of lng~ ~e. p~, ~v~ ~ ~ ~s ~6~ ~y of ~p~m~, J~ E B~y May~ A~t: M~ ~ ~vis Ci~ ~ Co~ Me~ Nich~ ~v~ ~t ~s~~t~ngof~e W~ ~ ~ ~nsi~ ~d vo~ on f~ ~ at ~ ~un~ ~fi~s ~ m ~ ~fi~ at w~ch it ~ m ~ fin~y ~ ~ s~ ~d f~ fi~ ~fion of ~ ~. ~ by Co~ ~ ~ng. ~ by ~ fei- In~ng vo~: Y~y~ B~y, M~ ~, ~sn~, ~ng, Nicely, ~ V~t~. Nay~o~. Co~on of ~ ~ ~t- lng an~ ~ ~ up m $2,~.~ f~ M~ V~ ~ ~t ~e ~- ~fion ~ ~v~ ~d ~ ~d ~v~ ~fio~ ~ by ~u~ M~ ~ C~ by ~ foHo~ v~: Y~ay~ B~y, C~n~ ~n~, ~ng, ~ch~so~ ~ V~t~. Na~ Co~ M~ ~ic~ Co~on of ~ M~ ~ in~o~ ~ 3~ ~d ~n ~ ~ 3~ ~d ~t S~t ~n ~ ~ s~n ~fi~a, ~ ~c v~ ~ o~ ~ ~ jm~fY ~e ~on of ~c ~, ~n~ ~d ~. ~u~ 386 Member Vuethe~ moved flint the com- munic~ion be n~eived and filed and reconamndmious approved. Seconded by Conn~il Member Nicholcon. Carried by the following voW: ye.es.-.-Council Members De,ch, Kin~uer, FateS, Nicl~sen, Vuetberg. Nnys-.-Mayor Brady, Council Member Pratt. An Ordiunnue anthorin'n8 Wulsh True Value, In~., to construct n loading dock at 1322 Iowa Smoot, said Ord~nnnee having been l~eSe~ted nnd m~d at the Council meeting of 9/3/91, pwsented for f~l~beX (OFFICIAL PUBLICATION) ORDINANCE NO. 72-91 AN ORDINANCE AUTHORIZING WALSH TRUE VALUE, INC., AT I322 IOWA STREET TO CONSTRUCT LOADING DOCK NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seetlon L That Walsh Trun Value, Inn., a~ owners of the l~ernises known ns 1246 Central Avnnneo Dnbuqua, Iowa, and legally da~ibed ns the south If2 of the middle 1/5 of City Lot 445 be and they are hereby granted the rev~oublu permit and uethosity to const~¢t and maintain loadin8 dock under the tem~ and uc~difious set for in fids Se~inn 2. That such construction shall be done in accordance with tdnns heretofo~ submitted by petmlt~es and approved by the City Mannger, under the supervision and di_~mfiou of the City Manager, and in accordance with all applieabin state and fedcxal laws and ~8alatinns, and the Or&uencos of the City of Dub~ue. Se~lon 3. That the permission heroin granted is expressly conditioned on pennittees' ng~emnnt to: a. Assume any and all liability for damages to persons or property which may result ~om the existence, location, installation, consmictlon e~ maintenance of said loading dock; and b. Pay on behalf of the City of Dubuque, all sem. s which the City of Dubuque shall become obligated to pay by ~.nson of the lial~lity imposed upon the City of Dubuque for dtmmges of any kind ~snit- ing ions the location, imtallation, existence, consUuciion o~ maintemmce of said loading dock sustained by any per'mn or perseus, 387 Regular Session, September 16, 1991 caused by accident or otl~wise to defend at its own expense and on behalf of said City uny claim against the City of Dubuque arising out of the location, insMlatinn, existence, uen~mmflon er maintoannca of loa~ng dock und to pay rca~oueble ~y feen ~he~fer; rout c. ind~mnlfy, defend and hem thc City of Dubuque fl~ end harmless from any and ail claims, loss, linbility and expense for death and/or injuries to third persons or damages to property of third persons, or for damnge to uny pmpe~y of ~ha City of Dub~ue which may uecer as a reanlt of or in connection with the location, installation, construction, maintenance and rel~ir of the faciBty, work or improvemant pemlitted butcin. Section 4. That the pcnulssion hcl~in granted is expressly conditioned upon permittees' further ngrcement that should the right und privilnge herein granted be rescinded or revoked by the City Council, penuittens, or their successers in interest, as owners of the abutting property, shall wi~n ten (10) deys after receipt of mitten notice from the City Manager, so to do, at their own expense, remove said loading dock and in the event of their failure so to do, the City of Dubuque shall be unthofizcd to remove said loading dock at permittoes' expense and dispose of the sun~, end the pemgttue shall have no claim against the City er its agents for damages resulting free the removal of said loading dock. Section $. That pemfittces covenant end ngree that the revocable pem~t he.in granted dces not constitute an approvul of the design, election, location, construction, sepmir er maintenance of said facility and said pem~ttees hereby covenant and agree not to nssefl such claim or defense against thc City of Dubuque in the event of claim asse~d f~ death, pe~sonai injuries and/or prell'fy damage against thc pennlttecs raising out of or in any way connented with the location, installation, coastmction. design, repair and maintenance of the facility herein permitted. Se~lon 6. This Ordiuence shall become effective and the righ~ hereunder accrue to lca~ng dock when ~his Ordinance has been edapted by thc City Council and the terms und conditions thereof accepted by pemtittees by acceptance endorsed on ibis Ordinance. SerBon 7. That the City Clerk be and she is authorized end dix~ted to file at pennittens' expense a copy of this Ordinanca in the office of the Recorder in and for Dubuque County, lows. Pns~d, approved and adopted thin 16th day of September, 1991. James E. Brady Mayor At.st: Ma~y A. Davis ACCEPTANCE OF ORDINANCE NO. 72-91 The undersigned having read and being funtlier with the t~ms and conditions of Ordinance No. 72-91 hereby, fer themaulves, their encccssers or nssigns, ns owners oX'the abutting p~perty, ace~pt the semo and ague to be bound by the conditions und agrenn~nts ther~n contained to be performed by per~ttens. By:/s/Richard Bockes Tide: Owner Dali: 8-29-91 Published officially in the Telegraph Herald this 24th day of September, 1991. Mary A. Davis City Clerk It 9/24 Council Member Deich moved that this be considered thc second rea&ng of the Ordinance, und that thc requirement that a proposed Ordinance be cousidesed und voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended und further moved final adoption of tho Ordinance. Seconded by Council Member Nichclson. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kinesner, Krieg, Nicholson, Pratt, Vcetburg. Nays~Nono. RESOLUTION NO. 310-91 Whereas, applications for Beer ~ts have been submitted and filed to this Council for approval end the same have been examined and approved; and Whereas, the prcmise~ to be occupied by such appBcants we~ inspected and found to comply with the Ordinances of this City und have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Regular Session, September 16, 1991 388 C~ #C" I~R PERMIT Rainbo Oil Company, KWIK STOP FOOD MART, Sunday Salen, 2360 Conrad Dennis A. Altham, Family Matt, Inc;, Sunday Sales, 3201 Central Mni~ow Oil Co., AsbmT Pastop, Sunday Sales, 3300 Asbuty Passed, aFprovnd and ad~tnd this 16th day of Sep~mber, 1991. Attest: Mar/A. Davis City Clerk James ~ Brady Mayer Council Member Dulch moved adoption of the Resolution. Seermded by Council Member Kluesorr. Canind by the following vote: ycas.--Mayor Brady, Council Members Deich, Klue~er, Kaiag, Nichdson, Pnttt, Vuether~, Nays--None. RI~OLUTION NO. 311-91 Wher~en, applications for Liquor Liuenses have be~n subrrdm~d to this Council for approval and ~ha same have been emrdued and approved; end NOW, Tt~REFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THB CITY OF DUBUQUE, IOWA: That the Man~er be unthmized to mmen to be issued the followin$ named apllicunts a Liquer License. CLASS "C" (COMMERCIAL) BE~R AND LIQUOR LICENSE Admirul's Hi-Hat Went, lan.. Sunday Sales. 2~3 Main SUent LeRoy A. Miller, Whitey's Ber-X, Sunday Sales, 2616 Windeer P.M.S.T. Inc.. Happy's Place, Sunday Selen, 232.3 Rochdele Rend An~e3a Mangono~ Angin's, 1401 Elm smmt Pa.ed, q~proved and adopted this 16th dey of September, 1991, Jun~s E. Brady Mayor M~y A. Devis City Clerk Council Member Deich moved adoption of the Rnsointion. Seconded by Council Member Kluexne~. Carded by the fonowing vote: yens--Mayor Brady, Council Members Ddich, Kluemer, Faieg, Nicholson, Prat~ Voetbur~. Nays--None. Printed Council Proceedings for the of December, 1990, fer approval, presented for appmvai. Council Member Vuetburg moved that thc proc~.Aings be appmvnd as printed. Secondnd by Council Member Pratt. Carried by the fullowing vote: yerl--Mayor Brady, Council Members Deich, Klueseer, Faing, Nichulson, Pratt, Vuetbu~. Nays--None. MINUTES SUBMITTED--Airport Commission of 8-20;, Historic Prenervafion Commission of 8-28; Library Board of Trustees of 8-22 & 9-3; Long Range Planning Commission of 8-20 & 8-21; Park & Rect-~aflon Comnisslon of 8-13; Zoning Commission of 8-7; Cable TV Rngniatoty Commission of 9-11; Cable Community Tul~ng Commission of 9-10, peesented and ~ Council Member Vuetbutg frayed that the minutes bu received und filed. Council Member Vcetburg moved that the miunter be l~ived und filed, Seconded by Council Member Pratt. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesncr, Kring, Nicholson, Prat~ Vcetburg. Nays--None. Civic Center Commission submining their ye~-end ~epon fer Fiscal Year 1991 (Iniy 1, 1~0 thru luue 30, 1991), presented und reed. Council Member Vcetber~ moved that the report be reculved and filed. Seconded by Council Member ~ Carried by the following vote: Yens--Mayor Brady, Council Membuts Dulch, Riuesner, Krleg, Nicholson, Pratt, Vcetberg. Nays---None. NOTICES OF CLAIMS/SUITS-- ;uad Ins. Co. as insmcr for Myers Cox. Co. in smcont of $675.25 fer truck damages; Jeff HeAley in amouet of $365.00 for property damages; Joseph & Bemita Mans in amount of $3713.38 for bucked-up sewer damages; Steto Farm insurance on behalf of Glenn Reed, in unknown emount 389 Regular Session, September 16, 1991 for vehicle damages; Cindy Stmmlow in unknown unmunt for false arrest; State Farm Insm'unca on behdif of James T. Swoonoy in setin~l amount of S382.23 for vehicle dunmgse; Sunun WJedefliolt in amount of $?2.59 for tire damages, presented mid toad. Council Member Vootberg moved that the Staff for invsetigailon and repot. Seconded by Council Member Prat~ Canled by the following vo~: Yeas--Mayor Brady, Council Memben De/eh, Klusener, Krlng, Ni~hulson, Pratt. Voetberg. Nays---None. Communications of Coqx)ration Counsel advisin~ of refeonl of fdlowing claims to Iowa Communirles Aasorance Pool: car dem~e of Homy Goldstein; personal injmy of Sister I~ F, ilcen Ber~on, B.V.M.; car damage of Scot Mcgonigla, l~seated and read. Council Member Voetberg moved that the c~mmunicafions be recaivcd end filed. Seconded by Council Member Pratt. Canied by the following vog: Yeas--Mayor Brady, Council Members Deich, Klunsner, Faieg, Nicholson, Pratt, Vunthe~g. Nays~Nonc. Communicailons of Corporadon Counsel reunmmcading denial of car damase claim of Paul Piammang and claim filed by Stevon C. Hoth, presented and ~i. Council Member Voctberg moved that the communications be received and filed and recommendations of denial approved, Seconded by Council Member PratC Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klunsner, Yaing, Nicholson, Print, Vootberg. Nays--None. Communicallon of Ncil l~llcy, on behalf of Handicapped Persons, Inc., exln~sstng concern with the consUuction of the new highway in the First smut ~ p~sontsd and rend. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member PratL Cnnled by thc following vote: Yeas--Mayor Brady, Council Members De/ch, Klunsunr, Kfieg, Nicholson, Pra~, Vontberg. Nays-- NOUn. Iowa DOT advising of ~be onoademoation of certain fights in land for tho improvement of Pfima~ Road No. U.S. 20, presented and read. Council Member Vontberg moved that the communication be recnived and ~ed. Seconded by Council Member Pratt Can/ed by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klueader, Krleg, Nicholson, Pret~. Vuntb~g. Nays--None. REFUNDS REQUE STED--pemundo's, $211.2~ for unexpired Liquor License; Pizza Hut, $7:5.00 for unexpired Class "B" Beer Permit and Pizza Hut, $150.00 for mlexpired Class "B' Beer Permit, lY/esonted and triad. Council Member Vontberg moved that the ~funds be approved and Finance Director to issue proper check. Seamdad. by Couunil Member Pratt. Carded by the following vote: Ye~--Mayor Brady, Council Members Deich, Kluesunr, Kfing, Nicholson, Pratt, Vontberg. Nays~None. Petition of realdents of Carte Drive requsetlng improvement of their sUe, et from Cmmdview to Mesa be made ~ proposed or eadier if poralblc, presunted and read. Council Member Vuntberg moved that the petition be referred to the City Munnger and s~f. Seoonded by Council Membe~ PratC Carded by the following vote: Ycas~Mayor Brady, Council Members De/ch, Klunsunr, Kfieg, Nicholson, Pratt, Vonthorg. Nays--None. Proof of Publlcailon certified to by the Pabllsber on List of Clalro~ paid for the month of Jniy~ 1991, presented and xead. Council Member Vontberg moved that the proof of publication be received and filed. Seconded by Council Member Pralt Can/ed by the following vote: Yeas--Mayor Brady, Council Members De/ch, Klnesunr, Krleg, Nicholson, Pratt, Vcatberg. Nays--None. Communication of Zoning Commission advising of their approval of plat of J. George Subdivision located Northwset of intersection of Cedar Cross and Fremont/ No~th Cascade Road, partly in the City and i~mly in Dubuque County, presented and read. Coundl Member Voetberg moved that Seconded by Coondl Member Pratt. Canied by the following vote: Yeas--Mayor Brady, Council Membe~ De/ch, Kluesunr, K~ng, Nichohon, Pra~ Vunther~. Nays--None, Regular Session, September 16, 1991 R~SOLWrlON NO. 312-91 A RESOLUlION APPROVING ~ FINAL pLAT OF L OEOR~ PLAC~ A I~ORTION OF WH1Cli 15 IN Tim CITY OF DUBUQUE, IOWA, AND ~ BALANCE OF WHICH IS IN DUBUQUE COUNTY, IOWA City Cl~k a an~t phi of L Oemg~ Ptge, ImPly in ~ City of Dubuqun mi pmly Dnh~qun County, low~; und Wbems, ~ ~id fiunl pl~ ~ l~mioun of ~ Imown ~ Coder ewer by said ~ pls~ has d~icami to th~ pubic fo~v~, und Wbere~, s~d final plat has been ~ ined by ~ Da~mque City Zo~ Comn~s- e/on und they tirol ilmt dte s~me confc&'ms to und ined by the Dubuqun City Comgtl mind they find/mt Ih~ ~m~ unnfmm to fl~ statut~ NOW, ,i~-~U~ORI~ SE rr RBSOLVED BY THE CITY COUNCIL OF ~ CITY OF DUBUQUi~ IOWA: Sedlon 1. That ~h~ d~/c~iom of Ced~ Cr~s Rand und North C~und~ Rand ~s t~ a~teptad. ~c~lon ~. That the.plat of L ~ ~ be and the sam= ts h_em. by ~. and the Mayor und city Om~ aw authorlz~t mind dt~ to endms~ the approval of the city of Dubuque, Iowa, upon said final plaC passed, q~mved anti adopted this 16th day of September, 1991. James 1L Mayor Attest: Mary A. DUvis City Clerk 390 ACCEFrANCE OF RESOLUTION NO, 312-91 1, ~he uml=~Sund, John OeorSe, havinS ~ tho mm~ und condlliom of the Resolution No, 312-91 mind being fan, liar with t~ camdiilom ~teof, he,by seunpt this same mi ~ to the conditions Dasd in Dubuque, Iowa this 16th day of By:/s/John auntie Council Membe~ VoetberS moved tion of the Reunlation. Seconded by Council Member Pratt. Carried by tho following vote: ye~m---Ivlayor B~ly, Council Dnich, Khseaer, Kdng, Nicholson, Pratt, Vunthe~. Nays--None. Peu'tion of Clarion Hotel wqunsting pe~mission to conduct a fireworks display on October 8, 1991, between 7'.30 to 8:30 p.n~ aa an en~ty g~ strange moa located at Ponvy Co., East '/th Saoet & Commor~ul Strunt, ptseuntad anti read. Conndl Member approved, subject to unordiuntion at me Munagse. Seconded by Council Momber Pratt. Canied by the following vote: ycas--Mayor Brady, Cunncil Members Dui~h, Klunmer, Krieg, Niobelson, Pratt, Voothe~. Nays.---Noun, Them being no fuflbe~ business, Council Mumbse Vonth~S moved to adjoorn the meedng. Sef~nded by Council Pratt. Canled by th~ followin~ vo~: ycas~Ma~r aredy, Coum~l Members Duich. Klunsunr, K~eg, Ntebelson, Voot~. Nays~-None. 391 Regular Session, September 16, 1991 Meeting adjoin'nad at 1:36 a.m., September 17, 1991. Ma~y A. Davis City Clerk __-' / Council Membeo Regular Session, October 7, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, Octobar 7, 1991. Council met at 7:30 o'clock p,m., Public Lli~ar'd Aaditodum. Present: Mayor Brady, Council Members Deich, IG-ing, Nicholsen, Prate Vuntb~g. City Munagar W. Kenneth C-earban. Co.or. ion Counsel Bun'Y A. Lindahl. Absent: Council Membes Kluesnar. Mayor Brady read the call and stetad this is the Rngul~ Session of the called for the purpose to act business which may lXOperl~ the Council Invocation was given by Mayor hines B. Brady. PROCLAMATIONS--October 12 as "Toxic Clean-up Day" received by Tom Bylund and Libby Borkhart; October' 15 ss "White Cane Safety Day" pseeived by Dorothy Brown; November 4-10 ss "Redtulogi~ Teclmolngy Week' ~:etved by · "Certificates of App~citeina" wn~ la. seated to nine City en~loyees various deputo~nts und divisioos. Council Membar Pratt moved to suspend the ~ulcs to aliow unyoun p~esunt to add.ss the Cunncli. Seconded by Council Member Voether~, Carded by the foEowing vole: yeas--Mayor Brady, Council Membars Ddich, KrleL Nichulson, Pra~ V~etbe~. blays~Noun. Absent--Council Member Proof of Publicalion, c~ifiad to by the Publishe~ on Noliun of Public Heating unce by adding Appliance ~es an Service" as a penulttad use in the C-I · Zoning l)isulct, Neighb~hood Commercial ' laWsentad und mui~ Council Member Pratt movad that the proof of publlcatiun be mcdivad and filed. Se. cundad by Council Member Vuntl~g. Caniad by tho following vote: Yeas--May~ Brady, Council Membars 392 Ddich, Krieg, Nicholsen, Prati, Voetbe~. Nays--None, A~nt~un~ ~se~. ~ B~g 590 Cl~ D~ve, *~r of ~ m~ ~s~ a~V~ of ~, ~ues~ ~ov~ of ~o ~. An ~n~ ~n~ng ~ng O~- n~ by ~ a ~fion 3-3.1~)(18) ~vi&~ ~t "A~ S~s' ~ a Co~cR ~g of sun~ fm f~ g~om (O~ICI~ p~LICATION) o~INANCE NO. 73-91 [ ORDINANCE OF T~ CITY OF DUBUQUE, IOWA, PRO~DING T~T T~ CODE OF ORDI- N~CES, C~Y OF DUBUQ~, IOWA, BE A~NDED BY ADDING "APPLIANCE SALES" AS A USE ~IG~O~D ~RCI~ NOW, ~O~, BB ~ ORDA~D BY T~ CITY COUNCIL OF ~ CI~ OF D~UQ~, IOWA: S~I~ 1. ~e ~e of ~i~ of~e Ci~ of Dub~ae, lows ~ ~M~ by g~sing A~n~ A &e ~. ~in=~ of Du~, low~ by ~ng a S~on 34.1(6)(18): S~lun h~ heg~f~ ~n m~owM by ~ ~m g Co~i~ of ~ ~ty of Du~qun, Iowm P~s~, ~v~ ~d ~ ~s 7~ ~y of ~, 1~1. J~s E. B~y May~ A~t: M~ ~ Davis Ci~ CIc~ ~sh~ offi~Y ~ ~ Te~gr~h HerOd ~s 11~ day of Oom~, I~1, M~ ~ ~vis CiW Cl~k It 10111