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1990 February Council Proceedings 32 Special Session, January 29, 1990 Any penon, firm, or corporation aggrieved by or odvenely affected by the building official's refusal to issue a permit for the construction of an off-premise sign pursuant to this moratorium shall appeal therefrom to the City Council of the City of Dubuque." Passed, approved and adopted this 29th day oflanuaty, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day ofFebnwy, 1990. Maty A. Davis City Clerk 11215 Council Member Pratt moved that this be considered the first reading of the Ordinance, that the requirement that a proposed Ordinance be considered and voted on for passage at 1W0councii meetings prior tothe meeting at which itis to be finally odopted be suspended and further moved final odoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vOle: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager sub- mitting mau:rials reganfing the off-premise sign portion of the Zoning Ordinance, presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Pratt. Carried hy the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An OrdinanceAmending the Scheduleof Sign Regulations, Section 4-3.11 of Appen- dix A of the City of Dubuque Code of OnIinances (Zoning OnIinance of the City ofDubuque, IA) by repealing that portion of said schedule of Sign Regulations relating to Off-Premise Signs, and by odopting in lieu thereof a new Schedule of Sign Regulations for Off-Premise Signs, presented and read. Council Member Heckmann moved that this be considered the first reading of the Ordinance, as amended. Seconded by Council Member PratL Carried by the fol- lowing vOle: Yeas-Mayor Brady, Council Members Heckmann, Kluesner, Voetberg. Nays-Council Members Deich, Nicholson, Pratt. Communication of Planning and Zoning Commission submitting Freeway Corridor Plan and requesting Council study the plan, set the matter for public hearing, to adopt a Freeway Corridor Plan to guide the develop- ment and redevelopment anticipated along and odjacent to the newly built roadway, presented and read. Council Member Pratt moved that this matter be set for Hearing at the Council MeetingofFebruaty 19, 1990 at 7:30 P.M. in the Public Uhrsry Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetherg. Nays-None. There being no further business, Council Member Pratt moved 10 adjolD"D the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, VoetÞcrg. Nays-None. Meeting adjourned at 10:25 P.M. Maty A. Davis City Clerk Ap¡noved. 'r (. /. ¿ Mayor ; r } :/-1 £. "4,.-"",1.(./:/ /{)/-<~ .¡/¿:.,- "'" ~~ ,i, 1Fx~- ~:;~-j/~ ¿~;~ i~~.' :' --' "',/ '----. /" ncil embers ¡:;;;;: , li)<' )/:",; ,t ij þl1 b( .v jcityClerk Regular Session, February 5, 1990 33 DUBUQUE CITY COUNCil OFFICIAL PROCEEDINGS Regular Session, February 5,1990. Couttå1 met at 7:30 p.m., Public Uhrsry Anditoriwn. Present Mayor Brady, Counå1 Members Doich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barty A. Undahl. Mayor Brady read the call and stated this is the Regular Montlùy Meeting of the City Counå1 called for the purpose to act upon loch husiness which may properly come before the Counå1. Invocation was by Rev. Sheldon Stotmeisler, Pastor of Calvary Baptist Church. Preof of Publication, certified to by the Publisber, on Notioe of Public Hearing to dispose of City's interest in property at 437 Loras Blvd, and Commurtication of City Manager recommending to approve sale of said property, P"'SCDted and read. There were no written objections reoeived and no oral objectOIS presenL Council Member Voetberg moved to suspend the rules to allow anyone present to address the Council. Secouded by Council Member Pratt. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Na~one. Bob Felderman of Felderman Business Associates requested favorable approval subject to approval of the Zorting Board of Adjuslmenl Council Member VoetÞcrg moved that the poof of publication and communication be received and filed. Seconded by Counå1 Member Pratt. Carried by the following - vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. ~LU110N NO. 211-90 A RESOLUTION APPROVING TIlE SALE OF TIlE R>L1.0WING LEGALLY DESCRIBED PRO- PERTY: LOT 1WO (2) OF LOT FOUR (4) OF our LOT 667, IN THE CITY OF DUBUQUE, DUBUQUE COUNfY, IOWA. AC- CORDING TO TIlE RECORDED PLAT OF SAID SUBDIVISION, AND COMMONJ.Y KNOWN AS 437 LORAS BOULEVARD, DUBUQUE,IOW A. Whereas, puisuant to duly published public notice the City Council of Dubuque, Iowa, met on the 5th day of February, 1990, at 7:30 p.m. in the Carnegie-Stout Public Uhrsry auditorium, II th and Bluff Slreel>, Dubuque, Iowa, 10 consider the proposal of disposing of City-owned real estate located at 437 Loras Boulevard which pmpcrty is legally described as follows: Lot Two (2) of Lot Four (4) of Out Lot 667,in theCityofDubuque, DubuqueCoun- ty, Iowa, according to the ttcorded plat of said subdivision. Whereas, soch property is to be sold to Felderman Business Associates for the coD- sideration of$l.oo and rehabilitation of such property in accordance with City standards; and Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above- named real estate to the ahove-narned grantee. NOW, THEREFORE, BE IT RESOL ¥ED BY TIlE CITY COUNCIl. OF TIlE CITY OF DUBUQUE, IOWA: s..:tIua I. That the disposal of the inter- est of the City of Dubuque in the herein ahove-described property to Felderman Business Associates is hereby approved. Section 2. That the Mayor be and he is hereby authorized and directed 10 execute a Quit Claim Deed, and that the City Clerk be and she is hereby directed and authorized 10 deliver Deed of Conveyance, conveying the above-<lescribed real estate to the above- named grantee upon reoeipt of the purchase price in full. Passed. approved and adopted this 5th dayofFebruary,199O. lames E. Brady Mayor 34 Regular Session, February 5,1990 Anest' Mary A. Davis City Clerk Council Member Voetberg moved adop- tion ofthe Resolution. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Conncil Mem- bcrs Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Preof of Publication, certified to by the publisher, on Notice of Public Hearing to vacate and dispose of a portion of Blake Street and 20 fl. alley lying first South of Kirkwood Street and running from E.P.L. of Blake Street to the east end of alley, presented and read. There were no written objections received and no oral objectors presenL Council Member Voetberg moved that the proof of publicatioo be received and filed. Seconded by Council Member Pratl. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance vacating said property known as Lot 56A, 7lB and 71C of Wood's Addition, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 7-90 ORDINANCE VACATING APOR- TION OF BLAKE STREET AND 20 Fr. AILEY LYING FIRST SOUTII OF KIRKWOOD STREET AND RUNNING FROM E.P.L. OF BLAKE STREET TO THE EAST END OF AILEY. Whereas, Loras College has requested the vacating of a portion of Blake Street and 20 fl. alley lying first south of Kirkwood Street and running from E.P.L. of Blake Street 10 the east end of alley; and Whereas, nw Associates, P.C., Dubuque, Iowa, has prepared and submitted to the City Council a plat showing the va- cated portion of Blake Street and the 20 ft. wide alley and assigned a Lot number there- of, which hereinafter shall be known and described as Lot 6SA, 71B and 71C of Wood's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque,lowa has detennined that this por- tion of Blake Street and 20 fL wide alley known as Lot6SA, 71B and71CofWood's Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOL ¥ED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section I. That the real estate described as Lot6SA, 71B and 71C of Wood's Addi- tion in the City ofDubuque.lowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of February, 1990. Mary A. Davis City Clerk Council Member Voetberg moved that this be considered the first reading of the OnIinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at tWo council meetings prior Iothe meeting at which it is to be finally adopted be suspended and further moved final adoptioo of the Ordinance. Seconded by Council Member PratL Canied by the following vote: Yeas-Mayor Brady, Coun- cil Members Delch, Heckmann, Kluesner, Nicholson, Pran, Voetberg. Nays-None. \12/9 RESOLUTION NO. 29.90 Whereas, pUT1!uant toresolution and pub- lished notice of time and place of bearing, published in the Telegraph lIerald, a newspaper of general circulation published in the City of Dubuque, Iowa on 24th day of Januaty, 1990, the City Council of the City of Dubuque, Iowa met on the 5th day of February, 1990, at 7:30 p.m. in the Public Library Auditorium, I \lh and Locust, Dubuque, Dubuque County, Iowa 10 con- sider the proposal for the sale of real estate described as: Lot6SA and 71C of Wood's Addition in the City of Dubuque, Iowa toLoras College and Lot7JB of Wood's Ad- dition in the City ofDubuque, Iowa to Peter M. & Sava A. Ross; and Whereas. the City Council of the City of Dubuque, Iowa overruled any and all objec- tioos, oral or written, to the proposal to dis- pose of interest of the City ofDubuque,lowa Regular SessIon, February 5,1990 35 in the hereinabove described real estate 10 Loras College and Peter M. & SavaA. Ross. RESOLUTION NO. 30.90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICA nONS. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIl. OF TIlE CITY OF DUBUQUE, IOWA: BE IT RESOLVED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE, IOWA: Section I. That the disposal of the inter- est of the City of Dubuque. Dubuque County, Iowa in real property described as Lot6SA and71C of Wood's Addition in the City of Dubuque, Iowa 10 J.orss College be and the same is hereby approved for the sum of $1,672.00 plus cost of publication, plat- ting and filing fees; and Lot 71B of Wood's Addition in the City ofDubuque 10 Peler M. & Savs A. Ross be and the same is hereby approved for the sum of$IOS.oo plus cost of publication, platting and filing fees; con- veyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed 10 execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance 10 the ahove named grantee upon receipt of the purchase price in full. That the proposed plans, specifications, form of conlract and estimated cost for the Rehabilitation of7.5 MMG Water Reservoir Located on W. 3m Street, in the estimated amount of $460,000.00, are hereby approved and ordered filed in the office of the City Clerk forpublic inspection. Passed, approved and adopted this Sth dayofFebruary,199O. Attest: Maty A. Davis City Clerk James E. Brady Mayor Council Member Voctberg moved adop- tioo of the Resolution. Seconded by Council Member PratL Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the Of- fice of the City Assessor, Dubuque County Recorder and the Dubuque County Treasurer. RESOLUTION NO. 31-90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS. Passed, approved and adopted this Sth dayofFchruary, 1990. Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifica- tions, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Rehabilitation of7.S MMG Water Reservoir Located on W. 3m StreeL James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Vuetberg moved final adoption of the Resolution. Secouded by Council Member PralL Carried by the fol- lowing vOle: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. NOW, THEREFORE, BE IT RESOLVED, that on the 19th day opf Mareh. 1990, a public hearing will be held at 7:30 p.m. in the Public Library Auditoriumat which time interested persons may appear and be heard for or against the proposed plans and specifications, form of conlr1lct and cost of said improvement, and the City Clerk be and is hereby directed to cause s notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque. Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fised forits considera- tion. At the hearing, any interested pcrsoo may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvernenL Communication of City Manager sub- ntitting appropriate documents providing for theRehabilitationof7.S MMG Water Reser- voir located on W. 3rd SL, presented and read. Counå1 Member Voctberg moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbcrg. Nays-None. ~---~- 36 Regular Session, February 5, 1990 Passed, approved and odopted this 5th day of Februaty, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voctberg moved adop- tionoftheResolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nichol- son, Pratt, Voetberg. Nays -None. RESOLUTION NO. 32-90 ORDERING BIDS BE ITRESOL VED BYTIIE COUNCIL OF THE CITY OF DUBUQUE,IOW A: That the Rehabilitation of 7.5 MMG Water ReservuirLocated on W. 3rd Street is herehy ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall con- fmro to the provisions of the notice to bid- ders hereby approved as a part of the plans and specifications berelofore adopted. That the City Clerk is hereby directed 10 advertise for bids for the construction of the improvements herein provided, 10 be pub- lished in a newspaper having general cir- culationin theCityofDubuque,lowa. which notice shall not be less than four days nor morcthan twenty days prior to the receipt of said bids at 2:00 p.m. on the 7th day of March, 1990. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30p.m on the 19th day of March. 1990. Passed, approved and adopted this 5th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member PralL Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran. Voetherg. Nays-None. Communication of City Managerrecom- mending acceptance of the contract for the reconstruction of the Mailison Street Stcps and further requesting to vacate that portion of Main Street upon which the steps are located. presented and read. Counå1 Member Voetberg moved that the communication be received and filed. Seconded by Council Member PratL Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann. Kluesner, Nicholson, Pratt, Voctberg. Nays-None. RESOLUTION NO. 33-90 ACCEPTING IMPROVEMENT Whereas, the contract for the Madisou Street Steps has been completed and the City Manager has examined the wmk and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recom- mends it acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofDubuque. Iowa. 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 be and he is hereby directed to pay 10 the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 5th day ofFebruaty. 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Voetherg moved adop- tion of the Resolution. Seconded by Council Member PratL Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran. Voetberg. Nays-None. RESOLUTION NO. 34-90 FINAl. ESTIMATE Whereas, the contract for the Madison Street Steps has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and ail miscellaneous costs: Regular Session, February 5,1990 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SectJ..,l. That the cost of said improve- ment is hereby determined to be $22,946.47 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th dayofFebruary,199O. James E. Brady Mayor Attest: Maty A. Davis City Clerk Counå1 Member Voetbcrg moved adop- tion of the Resolution. Seconded by Council Member PralL Carried by the following vOle: Yeas-Mayor Brady, Cooncil Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 35.90 RESOLUTION APPROVING PLAT OF A VACATED PORTION OF MAIN STREET L VING 135 FEET NORTII OF WEST lITH S1REET AND EASTER\. Y OF MADISON STREET. Whereas, there has been presented 10 the City Council of the City of Dubuque, Iowa, aplatdatedJanuaty 5,1990, prepared by the City of Dubuque, Dubuque, Iowa, describ- ing the vacated portion of Main Street lying 135 feet north westerly of West 17th Street and easterly of Madison Street; and Whereas, said plat conforms 10 the laws and statutes pertaining tberelo. NOW, THEREFORE, BE IT RESOL ¥ED BY THECITY COUNCil. OF THE CITY OF DUBUQUE, IOWA: Section I: That the plat dated Januaty 5, 1990 prepared hy the City of Dubuque, relative to the real estate bereinahove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed 10 execute said plat for and on behalf of the City ofDubuque, Iowa. Sectl.., 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified ropy of this Resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th dayofFehruaty,199O. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetherg moved adop- tion of the Resolution. Seconded hyCouncil Member PralL Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich. Heckmann, Kluesner, Nicholson, Pran. Voetherg. Nays-None. An Ordinance vacating said property now to be known as Lot A of Lot 2 of Lot I of City Lot 674 in the City of Dubuque, presented and read. Counå1 Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on forpassage at two council meetings prior tothemeeting at which ilia to be finally odopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 19th day of February, 1990, at 7:30 p.m. in the Public Uhrsry Anditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. RESOLUTION NO. 36-90 RESOLUTION DISPOSING OF CITY INTEREST IN LOT A OF LOT20FLOTIOFCITYLOT6~ IN THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque desires 10 vacate a portion of Main Street lying 135feet northwest of West 17th Street and on the easterly side of Madison Stree~and Whereas, theCityofDubuque, Dubuque, Iowa has prepared a plat showing the va- cated portion of Main Street and assigned a lot nlO"Dbcrtbereof, which bcreinafter shall be known and described as Lot A of Lot 2 of Lot I of City Lot674in theCityofDubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this por- tion of Main Street is no longer required for public use, and vacating and sale of said portion of Main Streel known as Lot A of Lot 2 of Lot I of City Lot 674 in the City of 38 Dubuque, Dubuque County, lowashould be approved. NOW, THEREFORE, BE IT RESOLVED BY TIlECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City of Dubuque in- tends to dispose ofits interest in Lot A of Lot 2 of Lot I of City Lot 674 in the City of Dubuque,lowa. Section 1. That the conveyance of Lot A of Lot 2 of Lot I of City Lot 674 in the City ofDubuque, Iowa 10 Roger J. aud GlotiaG. Schiesl upon the payment of ten dollaIS ($10.00). Section 3. That the City Clerk be and is hereby authorized and directed to cause and notice of intent to dispose of said real estate in the manner as prescribed by law. Passed, approved and adopted this 5th day of February, 1990. James E. Brady Mayor Anest: Mary A. Davis City Clerk Council Member Voetberg moved odop- tion of the Resolution. Scconded by Council Member PralL Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager sub- mitting three resolutions authorizing publi- cation of the official notices of the public hearings required in connection with the adoption of the Fiscal Year 1991 City Budget, presented aud read. Conncil Mem- ber Voetherg moved that thecommunication be received and filed. Seconded by Council Member PralL Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran, Voetberg. Nays-None. RESOLUTION NO. 37-90 RESOLUTION SETTING THE DATE OF TIlE pUBLIC HEARING ON THE FISCAL YEAR 1991 BUDGET FOR THE CITY OF DUBUQUE. Whereas, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for a public hearing on the budget before the final certification date and shall publish notice before the bearing as provided in Section 362.3 of the Code of Jawa. Attest: Maty A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member PratL Canied by the following vote: Yeas-Mayor Brady. Council Mem- bers Deich, Heckmann, Klucsner, Nicholson, PraU, Voetberg. Nays-None. RF-SOLUTION NO. 38-90 SETfING TIlE DATE OF PUBLIC IIEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM. Whereas, a proposed five year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year are included in the Fiscal Year 1991 Budget for the City of Dubuque; and Whereas, it is deemed 10 be in the best interest of the City of Dubuque to conduct a public hearing and to odopt tbe five year Capital Improvement Program simul- taneously with the public hearing and adop- tion of the Fiscal Year 1991 Budget for the City of Dubuqœ. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Council shall cunduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Lihrsry Auditorium. 11th and Bluff Streets, Dubuque, Iowa. on Regular Session, February 5,1990 39 Tuesday, February 27, 1990, beginning at 7:30p.m. Section 1. That the City Clerk be and is hereby authorized and directed to poblish notice of the public hearing. Passed. approved and adopted this 5th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetherg moved adop- tion of the Resolution. Seconded by Council Member PralL Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. RESOLUTION NO. 39-90 AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEAR- ING FOR THE USE OF COM- MUNITY DEVELOPMENT BWCK GRANT FUNDS. Whereas, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974, as ameuded, 10 cenain Community Development Block Gtant Funds; and Whereas, the regulations governing the submission of a statement of intent for such funds require that citizens be provided with adequate information concerning the C0m- munity Development Block Gtant Program and an adequate opportunity toparticipate in thedevelopmentofthesulxnission and in the development of any revisions, changes or amendments; and Whereas, it has been deemed 10 be in the best interest of the Community Development Block Grant Program to hold a public hearing to supplement previously held meetings with private and public agen- cies, City Manager's budget meetings, and the public meeting conducted by the Community and Economic Development Department: and Whereas, it is further deemed to be in the best interest of the City of Dubuque 10 hold such public hearing simultaneously with the public hearing on the five year Capital Im- provement Program and the Fiscal Year 1991 budget for the City ofDubuque. NOW, THEREFORE, BE IT RESOLVED BY TIlECITY COUNCIL OF TIlE CJTY OF DUBUQUE, IOWA: Section I. That the City Clerk be and is hereby authorized and directed 10 publish notice of public hearing in the form of Ex- hibit "A" attached hereto and made a part thereo£ Passed, approved and adopted this 5th day of February, 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor Regular SessIon, February 5, 1990 NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOW A: Section I. That the City Council shall conduct a public hearing on the proposed 1990-1991 budgetoftheCityofDubuqueat the Carnegie Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa. on Tuesday, February 27. 1990, beginning at7:30p.m Section 2. That the City Clerk be and is hereby authorized and directed to publish according 10 law notice of public hearing together with the required budget information. Passed. approved and adopted this 5th day ofFebruaty, 1990. James E. Brady Mayor Council Member Voetbcrg moved adop- tionoftheResolution. Seconded by Council Member PralL Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran, Voetherg. Nays-None. Petition of Don Potratz, Srore Manager of Sears appealing 10 Council for waiver of City Ordinance No. 65-89 regarding ap- proval of a temporary sign on Highway 151 South directing ttaffic 10 their slore and Communication of City Manager recom- mending approval of sign subject to condi- tions, presented and read. Mr. Potratz spoke, reqœsting this tem- porary sign until theslore closes March 27th. Council Member Pratt moved that the petition and communication bereceived and filed and request approved. Seconded by Council Member Deich. Canied by the fol- lowing vOle: You-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pran, Voetbcrg. Nays-None. Communication of Airport Commission requesting Council toappmve$15,117.74in additional fuuding to cover Architecnnal and Engineering fees associated with the $126,500 grant from the lOOT and the $2,468.74 shortfall in funds associated with the multi-phased 1987-1989 Terminal Renovation Project, presented and read. Airport Mgr. Bob O'Brien and Commis- sion Chairperson Arnie Honkarnp spoke 10 this request Council Member Pratt moved that the communication be received and filed and approval granted for funds in amount of $15,117.74. Secouded hy Council Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of Landmark Investments, Inc. requesting voluntary annexation of the -~_. Regular Session, February 5, 1990 Section 3. That the City Clerk be and she is hereby authorized and directed to submit acertified copy of this Resolution along with the attached map, to the Stale Department of Transportation, the County Recorder, the Secretary of State and the City Development Board in accordance with provisions of Chapter 368 of ,he Code of/owa. Passed, approved and adopled this 5th day of February, 1990. James E. Brady Mayor 40 property located south of Highwsy 20 and west ofEnglish Mill Road, and communica- tion of City Manager recommending accep- tance of the voluntary annexation of approx. 30 acres of land located south of Highway 20 and west of English Mill Road, presented audread. Council Member Voetberg moved that the petition and communication be received and filed. Seconded by Council Member PratL Carried by the following vOle: Yeas- Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Abstain-Council Member Heckmann. RESOLUTION NO. 40.90 A RESOLUTION ANNEXING MINERAL LOT 288 AND THE REMAINDER OF LOT 1 OF LOT I OF LOT I OF LOT I OF LOT I OF LOT I OF MINERAL LOT 289 TO TIlE CITY OF DUBUQUE, IOWA. Whereas, Nancy L., James 11. and E. Marie Bradley, as owners of an area ap- prosimately 30 acres in size lying immedi- alely adjacent to the City ofDubuque, Iowa. have voluntarily petitioned for annexationof said tertitory to the City of Dubuque; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations ofthis character by the adoption of a resolution: aud Whereas, the future growth and develop- ment of the City of Dubuque,lowa, make it desirable that said territory be made part of the City ofDubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCil. OF TIlE CITY OF DUBUQUE, IOWA: Section I. That theterrilorial limits of the City of Dubuque, Iowa. be and they are hereby ex tended 10 include the area compris- ing the following described real estate 10 wit: Mineral Lot 288 and theremainderofJ.ot I ofJ.ot I of Lot I of Lot I ofJ.ot I ofJ.ot I of Mineral Lot 289 in Section 28, Township 89 Nurth Range 2 East of the Fifth P.M., Dubuque County,lowa. The property 10 be annexed is shown on the attached map marked Exhibit \. Section 2. That the terrilory hereby an- nexed shall become a part of the First Ward, Thirteenth Precinct of the City of Dubuque, Iowa. "'" Attest: Maty A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member PratL Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Kluesner, Nicholson, Pratt, Voctberg. Nay..-None. Abstain-Council Member Heckmann. Communication of City Manager advis- ing of request of Finley Hospitai 10 amend their Conceptnal Development Plan to ex- leud conslrUction of a medical office build- ing, presented and read. Council Member Pratt moved that the communication be received and med. Seconded by Council Mcmber Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. An Ordinance of the City of Dubuque, Iowa. Amcuding Ordinance No. 70-87 by Repealing Section 2(C) I and by Adopting in lieu thereof a new Section 2(C) I 10 Provide a new Construction and Landscaping Schedule for the Finley Hospital ID Institu- tional district, presented and read. (OFFICIAl. PUBLICATION) ORDINANCE NO. 8-90 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA AMEND- ING ORDINANCE NO. 70-87 BY REPEALING SECTION 2(C) I AND BY ADOPTING A NEW SECTION 2(C)1 PROVIDING FOR A NEW CONSTRUCTION AND LAND- SCAPING SCHEDULE FOR THE FINLEY HOSPITAL ID INSTITU- TIONAl. DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ClTY OF DUBUQUE,IOW A: Section I. OnIinance No. 70-87 of the City ofDubuque,lowa. (the Finley Hospital Regular Session, February 5, 1990 41 ID Institutional District) is hereby amended by repealing Section 2(C)1 and adopting a new Section 2(C) I as follows: "I) The proposed construction and 1andscaping schedule shall occur as herein described: a) Demolition of existing structures and site preparation has been completed; b) ConslrUction of the building shall begin on oraboutMarch I, 1990 with the finished grading 10 be completed by June 30,1991; c) The finished landscaping is 10 be completed by August I, 1991; d) The building is ready for occupancy on or before September I, 199\." SectIon 2. This ordinance shall take effect immediately upon publication as provided by law. Passed, _ved and adopted this 5th dayofFebruaty,199O. James E. Brady Mayor Attest Maty A. Davis City Clerk Council Member Pratt moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded hy Council Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager responding to petition from residents on She1hy Street for the removal of psrlång on the east side of Shelby Street, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas- Mayor Brody, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetheq¡. Nays-None. An Ordinance amending the Code of Or- dinances of the City of Dubuque, Iowa by adding She1hy Street 10 Subsection (d) of Section 32-262 thereof providing for the Prohibiting of Parking on the East Side of Sbelby Street from Clarke Drive to its Northerly Terminus, presented and read. (OFFICIAl. PUBLICATION) ORDINANCE NO. 9.90 AN ORDINANCE AMENDING TIlE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING SHELBY STREET TO SUBSECTION (d) OF SECTION 32-262 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING ON THE EAST SIDE OF SHELBY STREET FROM CLARKE DRIVE TO ITS NOR- THERL Y TERMINUS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF TIlE ClTY OF DUBUQUE, IOWA: SectI... I. That the Code of OnIinances oftheCityofDubuque, Iowa be arnended by adding Shelby Street 10 Subsection (d) of Section 32-262 thereof as follows: "Sec. 32-262. ProItibited on Designated Streets 01' Portions Thereof. (d) No-parking-at-any-time zones designated Shelby Street, east side, from Clarke Drive 10 its northerly terminus" Passed, _ved and adopted this 5th dayofFehruary,199O. Attest: Mary A. Davis City Clerk James E. Brady Mayor Counå1 Member Voetberg moved that this be oonsidered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on forpassage at two council meetings prior to the meeting at which itis to befinally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager sub- mitting an Ordinance establishing speed limits on Kerrigan Road in conjunction with 42 Regular SessIon, February 5, 1990 the U.S. 61 construction project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas- Mayor Brady, Council Members Delch, Heckmann, Kluesner, Nicholson, Pratt, Voctberg. Nays-None. An OnIinanccamending the Code of Or- dinances of the City of Dubuque, lows by deleting Locust Street and Kerrigan Road from Subsection (c) of Section 32-231 and Adding U.S. 61/15115210 Subsection (c) of Section 32-231 thereof providing for the establishmentof35 mph and 45 mph Speed Limits from Dodge St. to the southerly City limits, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 10-90 AN ORDINANCE AMENDING TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA BY DELETING LOCUST STREET AND KERRIGAN ROAD FROM SUBSECTION (c) OF SECTION 32- 231 AND ADDING U.S. 61/151/52 TO SUBSECTION (c) OF SECTION 32-231 THEREOF PROVIDING FOR TIlE ESTABLISHMENT OF 35 MPH AND 45 MPH SPEED LIMITS FROM DODGE STREET TO THE SOUTHERLY CITY LIMITS. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section I. That the Code of Ordinances of the City ofDubuque, Iowa be amended by deleting Locust Street and Kerrigan Road from Subsection (c) of Section 32-231 thereof as follows: "Sec. 32-231. limits Generally. (c) . Tbirty-five (35) Miles Per Hour Locust Street, Southern Avenue to Dodge Street (U.S.llighway 20). Forty-five (45) Miles Per Hour Locust Street, Mt. Carmel Drive to Railroad A venue. Fifty.five (55) Miles Per Hour Kerrigan Road, Mt. Carmel Road to city limits."' Secti,", 2- That the Codc of Ord;nances of the City ofDubuque, Iowa be amended by adding U.S. 61/151/5210 Subsection (c) of Section 32-231 thereof as follows: "Sec. 32-231. Umits Generally. (c). . . . . Thirty-five (35) Miles Per Hour U.S. 61/151/52, Dodge Street 10 a point one thousand (1,000) feet south of South Grandview Avenue. Forty-five (45) Miles Per Hour U.S. 61/151/52, from a point one thousand (1000) feet south of South Grandview Avenue to the southerly city limits."' Passed. ap¡noved and adopted this 5th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which itis to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vOle: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prall, Voetberg. Nays-None. . Communication of City Manager sub- mitting Resolution providing for the levying of special assessments for sidewalk repairs which were done by the City contractor under the Sidewalk Inspection and Repair Program in 1989, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Prall. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO- 41-90 A RESOLUTION ADOPTING TIlE FINAL ASSESSMENT SCHED- ULE FOR 1989 SIDEWALK REPAIR PROJECT NO. IA IN- CLUDING CERTAIN INFORMA- Regular SessIon, February 5, 1990 43 TlON REQUIRED BY TIlE CODE OF IOWA, SPECIFICALl.Y, TIlE NUMBER OF ANNUAL INSTALl.- MENTS INTO WHICH ASSESS- MENTS ARE DIVIDED, THE INTEREST ON ALl. UNPAID IN- STALLMENTS, TIlE TIME WHEN TIlE ASSESSMENTS ARE PA Y- ABLE AND DIRECTING THE CLERK TO CERTIFY TIlE FINAL SCHEDULE AND TO PUBLISH NOTICE TllEREOF. NOW, THEREFORE, BE IT RESOL ¥ED BYTllECITY COUNCIJ.OF TIlE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments proposed to be made for the 1989 Sidewalk Repair Project No. IA under contract with Portzen Con- slrUction Company of Dubuque, Iowa, which final plat was filed in the office of the City Clerk on the IstdayofFehruaty,I99O, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective propetties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63, Cod;, oflowa. Said assessments against said lots are hereby declared to be in proportion to the speciaJ benefits conferred and not in excess of twenty-five pcrcent of the value of same. Assessments of$1 00.00 or more are pay- able in 5 equal annnal installments, with interest on the unpaid balance, all as provided in Section 384.65, City Cod;, of Iowa. Conditional deficiency assessments, if any, may be levied against the applicable property for the samepcriod of years as the assessments are made payable. Assessments may be paid in full orin part without interest at the office of th" County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Un- less said assessmenls are paid in full within said thirty day period all unpaid assessments wi\! draw annual interest computed at 10% percent (commencing on the date of accep- tance of the work) computed 10 the Decem- ber 1st next following the due dates of the respective installments. Each installment wi\! be delinquent on September 30th fol- lowing ils doe date on July 1st in each year. Property owners may elect to pay any annnal installment semiannually in advance. Passed. approved and odopted this 5th day ofFehruaty, 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved odop- tion of the Resolution. Seconded by Council Member PralL Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran. Vuetberg. Nays-None. Communication of City Manager sub- mitting revised Ordinance establishing the Long-Range Planning Commission and recommending final adoption, presented and read. Council Member Pratt moved that the communieation be received and filed. Seconded by Council Member Voetberg. Carried by the following vote, Yeas- Mayor Brady, Council Members Dolch, Heckmann, Kluesner, Nicholson, Pratt. Vuetherg. Nays-Noue. An Ordinance amending the Code of Ordinances of the City of Dubuque by repealing Chapter 36, Sections 36-1 through 36-31 and odopting in lieu thereof a new Chapter 36, "Planning: Zoning", Section 36-1 through Section 36-15, providing for a comprehensive Plan, creating aLong-Range Planning Commission and providing for the membership, and the Powers and Duties thereof, and creating a Zoning Conurtission and providing for the membership, and the powers and duties thereof. (1st reading only given on Januaty 22, 1990), presented for final action. (OFFICJAL PUBLICATION) ORDINANCE NO. 11-90 AN ORDINANCE AMENDING TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUOUE, IOWA, BY REPEALING CHAPTER 36, "PLANNING", SECTION 36.1 THROUGH SECTION 36-31, RELATING TO TIlE PLANNING AND ZONING COMMISSION AND THE DEVELOPMENT PLANNER, AND BY ADOPTING IN LIEU THEREOF A NEW CHAP- TER 36, "PLANNING; ZONING", SECfION 36-1 TllROUGH SEC- TION 36-15, PROVIDING FOR A 44 Regular Session, February 5, 1990 COMPREHENSIVE PLAN, CREATING A LONG-RANGE PLANNING COMMISSION AND PROVIDING FOR TIlE MEMBER- SHIP, AND TIlE POWERS AND DlITIES TIlEREOF, AND CREAT- ING A ZONING COMMISSION AND PROVIDING FOR THE MEMBERSHIP, AND THE POWERS AND DUTIES TIlEREOF. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCil. OF TIlE CITY OF DUBUQUE, IOWA: Section L That the City of Dubuque Code of Ordinances is hereby amended by repealing Chapter 36, "Planning", Section 36-1 through Section 36-3J. Section 1. That a new Chapter 36, en- titled "Planning; Zoning", Section 36-1 through Section 36-15, a copy of which is at1aChed herelo and incorporated herein by reference, is hereby odopted. Section 3. That this ordinance shall take effect on July 1,1990. Passed. approved and odopted this 5th day ofFehruaty, 1990. James E. Brady Mayor Attest: Maty A. Dsvis City Clerk CHAFfER 3Ii PLANNING; ZONING ARTICLE I. COMPREHENSIVE PLAN, IN GENERAl... Sec. 36-1. Comprebettslve Plan Deßned. Comprebettslve Platt is the com- murtity's principle tool to guide its future development, public policies and decision making. The comprehensive plan is only intended as a guide and shall not be inter- preted orconstrueð "'give rise to any enfor- ceable rights orremedies. Soch oornmunity plan must be: , Value driven . Product of and perindically tested and updated by a commurtity planning ¡noccss . Involves all aspects of the community (physical, environmental, social, cultural, economic, emotional and spritual) . Longrangeinfocus,covcringaperiod of from ten to fifteen years . Include the entire community geographically, not just one or more sections . Action oriented . Approved by City Council resolution See. 36-2. Elements of Comprebenslve Platt. Tbe comprehensive plan consists of the following elements: (I) Shared Vision Statement. Thisele- ment summarizes the shared vision which is a product of the community planning ¡noccss. (2) Statement of Polley, Goals and Objectives. This element explains the direction, ideals and desires which the com- prehensive plan is intended to satisfy. This section serves as the justification for many of the planning and budget decisions and ordinances and regulations which follow. (3) Inventory Analysis. This section in- cludes a complete description of current con- ditions in the community and represents a shared data bsse for use in developing the various elements of the comprehensive plan. It includes population characu:ristics and projections; income information; housing information; economic activity (retail, ser- vices and iudustry); employment charac- teristics and needs; natural environment (soils. climate, vegetation, and ropography); transportation information; survey of exist- ing land use; utility systems; community facilities; history and culture of the resi- dents; problems and issues identified by commurtity planning ¡noccss; feelings and image of the commurtity as viewed by its residents; and similar data. This analysis should identify community !reuds, project soch !rends inlo the future and assess the probable iI,,]'IICL The Inventory Analysis should identify and include all appropriate studies and analysis done by City, County, state and federal agencies. (4) Land Use Element. This element includes a description of existing land use patterns and identifies the best future physi- cal development of the community. It be- comes the guide for the official wning map and for making zoning and subdivision decisions, but only such decisions by the Regular SessIon, February 5,1990 45 City Council may be binding and enforce- able. It is the guide in regard to the best utilization of private and public develop- ment, the timing of that development and its association with other public improvements. (5) Transportation Element. The toIa1 ttansportation network which serves the community is inventoried, mapped and evaluated in this elemenL In oddition 10 the Jocal stteets and highways, this element in- cludes air traffic (passenger and freight han- dling): rail road service; other public tranSportation (bus and traffic-type modes) and water transportation. (6) Housing Element. This element considers the present condition of housing: the commurtity's housing needs in tenns of condition, availability and affordahility and future demand. ~ with housing in need of substantial rehabilitation and main- tenance are identified, and financial and ser- vice assistance are addressed as they relate 10 improving the housing stock. (7) City Physical Infrastructure Ele- ment. This element is to anal yæ the current and future needs of the City's physical in- frastructure system. These futurcneeds must be compatible and consistent with the Land Use Plan and Transportation Plan. The City's physical infrastructure includes: (a) Parks and Open Spaces Plan (b) Water Treatment and Disttihu- tion Plan (c) Wastewater Collection and TreatmentPlan (d) Storm Water Management Plan (e) Aoodwall ManagcrnentPlan (I) library Long Range Plan (g) Parking System Long Range Plan (h) Solid Waste Management Plan (i) Capital Improvements Program (CIP) (j) Electtic, Natura\ Gas, Cable TV and Telecommunications Disttibution Plans (k) Public Buildings Plans of City, County and School systems (I) Vacant Land Study (Capability for Development) (8) Public Safety Element. This ele- mentreviews the current and future needs of the police, fire, communications, and code enforcement activities based upon current and projected workload and community goals, desires and priorities. (9) Public Health Elemmt, This ele- ment deterntines the current and future public health needs and priorities of the com- murtity. This plan should look specifically at commurtity public health nursing services, commurticable disease prevention and coD- troI issues and actions and environmental health needs and actions. (10) Public Education Element. This element is concerned with the quslity and quantity of education provided 10 the com- murtity by the public, parochial and private education dislricts and facilities. (This nar- rative should be completed by such educa- tion providers and includes an inventory of facilities, conditions, programs, uses, statis- tics, needs, improvements planned, etc.) (II) Human Services Elemmt. This element is to study current efforts and needs in providing basic services and amenities to the needy, disadvantaged and under- employed. (This narrative should be com- pleted by human services providers and include the delivery of services, programs, uses and conditions of facilities, client data, needs, plans, etc.) (12) Special Plans Element. This ele- ment includes areas and issues of special concern which require special consideration and planning. These include: (a) Economic Development Plan (b) Long Range Annexation Plan (c) DowntownRedevelopmentPlan (d) Historic Preservation Plan (e) Tourism Development Plan (I) Riverfront Development Plan (g) Freeway Corridor Plan (h) Urban Renewal Plan (i) Urban Reviralization Plan (13) Implementation Element. This element detail, the necessary and agreed upon action steps, responsibility, schedule and cost to implement the Goals, Objectives and Recommendations of the Comprehen- si ve Plan. The Community Planning Proce.s should serve to assist the City Council, City Regular Session, February 5, 1990 (3) A formal interview by the City Coun- cil to determine the applicant's qualifica- tions and ability to effectively serve on the Commission. See:. 36-6. Term; Fllllng ofVaeancics; Compensation. The term of office for a resident membe, shall he three (3) years or until a successor is duly appointed. Two (2) of the initial terms shall he for a term of one (I) ycar.two (2) of the initial termS for two (2) years: and two (2) of the initial termS for three (3) years. A Commission memher may he removed at any time with or without cause by a vote of two-thirds of all the members of the City Council. A vacancy occurring on the Commission caused by resignation or otherwise, shall he filled by appointment by the City Council for the remainder of the unexpired term. Memhers of the Commission shall serve without compensarion except for actual ex- pcnses. which shall he subject to approval by the City Council. Sec. 36-7. powe... The Commission shall have the follow- ing powers, duties and responsibilities: (I) To provide a leadership role in the planning, coordinating and sponsoring of a periodic Community Planning Process: (2) To Coordinate and supervise the preparation and maintenance of the Comprehensive Plan; (3) To provide input 10 the City Manager in the preparation of the City Manager's recommended multi-year Capital Improve- mcnt Program (CIP): (4) To make comprehensive studies of the present condition aud the future growth of the City 10 provide input into the Com- munity Planning Process and 10 guide and accomplish a coordinated, consistent and harmonious development of the City in accordance with the present and future needs thereof 10 the eud that the health, safety, morales, order, convenience, prosperity and general welfare may be promoted; (5) To make or cause 10 he made such surveys. studies, maps. plans or charts of the City with due regard 10 its relation to neigh- boring terrilory as may he determined as necessary to carry out the purposes of the Commission; 46 Administration and community leaders in prioritizing implementation. See. 36-3. Community Planning Defined. Community Planning is s process by which a community decides what kiud of future it wants by establishing a shared vision of the future and then establishes the policies, guals and management loUis (Le., specific plans, assignments and regulations) 10 help reach that desired future. The em- phasis is on a process and direction more thanonapianordocumenL The Community Planning Processis comprebensivein scope. future oriented, highly participalory and em- phasizes consensus decision making. ARTICLE 11 - LONG RANGE PLAN- NING COMMISSION see. 36-4. Long Range Planning Com- mission Created; Composition. There is hereby created a City Long Range Planning Commission, which shall consist of nine memhers including a memher of the City Council designated by the City Council, the City Manager or his/her desig- nee. a member of the Zoning Commission designated by the Zoning Commission and six (6) residents of the City appointed by the City Council who shall he qualified by their knowledge, experience and ability 10 con. tribute to the City's long range planning and development efforts. The City Council shall annnally desig- nate a Council Member 10 serve as an alter- nate in the absence of the Council's designated representative, and the Zoning Commission shall annually designate a Commission Member to serve as an alter- nate in the absence of the Commission's designated representative. The City Manager shall annually designate an al- ternate to serve in the City Manager's absence. Sec. 36-5. Applleation and Appoint- ment Process The appointment process 10 the Commis. sion bytheCityCouncilshallinclude atleast the following: (I) An application form requesting hasic information on the educarion. training, ex- perience, expoctations and other qnalifica- tioos of the applican~ (2) Notice to and an opportunity for the general public to comment in writing on the qualifications of each applicant; and ,....~ Regular Session, February 5, 1990 47 (6) Torecomrnendarnendments to all or apart oftbe Comprehensive Planin response to the Community Planning Prooess, upon ill own initiative or upon recommendation presented by the Zoning Commission, but only after a public hearing; (7) To review proposed Urban Renewal Plans and Urban Renewal Plan amendments and Urban Revitalization Plan and Urban Revitalization Plan amendments for consis- tenCy with the Comprehensive Plan for the City; (8) To undertake public information ef- forts toenhance public understanding of the Community Planning Process generally and the Comprehensive Plan specifically; and (9) To undertake from time to time other specific long range planning projects which may be referred to it by the City Council. The City Council shall have the authority to establish or revise the priorities of the Commission. See. 36-8. OrganlzaUoo. The Commission shall choose annually, at its first regular meeting of the fiscal year. one of its members to act as Chairperson, and another of its members to act as Vice- ChaiJperson, to perform all of the duties of the ChaiIperson during the ChaiJperson's absenceordisability. The Commission shall odopt such rules and regulations governing its organization and procedures as it may be deemed necessary. (I) The Commission shall meet as necessary to fulfill the purposes for which the Commission was created. (2) Members of the Commission shall atteud atleast two-thirds (2ß) ofall regular- ly scheduled meetings within any twelve month perind. If any member fails to attend loch prescribed number of meetings, such fuilure sha11 constitute grounds for the Com. mission to recommend 10 the City Counå1 that ssid member bereplaced. Atte..dance of all members shall be entered on the minutes. (3) All meetings shall be held in accord- ance with the provisions of the Iowa Open Meetings Law. (4) The Commission shall file with the City Clerk a copy of the minutes of each regular and special meeting of the Commis- sion within ten (10) working days after each such meeting. See. 36-9. Proœdores for Operations. All admnistrative, personnel, account- ing. budgetary and procurement policies of the City shall govern the Commission in all its operations. ARTICLE m - ZONING COMMISSION Sec. 36-10. Zottlng Commission Created; ComposlUoo; AppolntmenL There is hereby created a City Zoning Commission, which shall consist of seven (/) residents of the City, appointed by the City Council, who shall be qualified hy knowledge, experience and ability to act in matters pertaining to short range planning and zoning, none of whom shall hold an elective position in the City. See. 36.11. Application and Appolnt- _t Process. The appointmentprocess to the Commis- sion by the City Council shall include at least the following: (I) Anapplicationformrequestinghasic information on the education, training, ex- perience,expectations and other qualifica- tions of the applican~ (2) Notice 10 and an opportunity for, the general public to comment in writing on the qualifications of each applican~ and (3) A formal interview by the City Coun- cil to determine the applicant's qualifica- tions and ability to effectively serve on the Commission. See. ~Iz. Terms; FIlling of Vacan- des; CompensaUoo. The term of office for members of the Zoning Commission shall be three (3) years or until a sucœssor is duly appointed. Two (2) of the initial terms shall be for a term of one (I) year; two (2) of the initial terms for two (2) years; and three (1) of the initial terms for three (3) years. A CommissionMernbermay beremoved at any time with or without cause by a VOle of two-thirds of all members of the City Counå1. A vacancy occurring on the Commission caused hy resignation or otherwise, shall he filled by appointment of the City Council for the remainder of the unexpired term. ~ 48 Regular Session, February 5, 1990 All members of the Commission shall serve without compensation except for actual expenses, which shall be sobject 10 approval by the Counå1. See. 36-13. Powers. The Zoning Commission shall concern itself with short-range physical planning and shall have and possess the following powers, duties and responsibilities: To prepare and recommend a Zoning Ordinance by exercising the powers con- ferred by Iowa Code Chapter 414, "Municipal Zoning". Such Zoning Ordinance shall include the boundaries of the various zoning districts; the beight, num- ber of stories and si:re of buildings and other struCtureS in each district; the percenœge of ground that may be occu¡Bed; setback re- quirements; the size of yards, courts and other open space; the density of population; the location and use of buildings, structureS, and land for trade, indusny, commercial, residential or other purposes; and such regulations and restrictions necessary to en- force sochzoningpruvisioos. To this end the Zoning Commission shall prepare a prelimi- nary Zoning Ordinance and hold public hearings thereon and after such hearings have been held. shall submit a final Zoning OnIinance ind its recommendations 10 the City Council; (2) To recommeud to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications to the Zoning OnIinance but only after s poblic hearing; (3) To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in theopinion of the Zoning Commis- sion are consistent with the Comprehensive Plan and are necessary to carry out the pur- poses of the Commission; (4) To make recommendations 10 the City Council upon plans, plats or replats of subdivisions or resubdivisions within the City which show streets, alleys or other por- tions of the same mtended to he dedicated for public use; (5) To make recommendations 10 the Long Range Planning Commission on the preparation and maintenance of the comprehensive Plan; (6) To fulfill those duties and respon- sibilities assigned 10 s City Planning Com- mission in Iowa Code Chapter 409, "Plats"; and (/) To undertake from time 10 time other specific short-range planning projects which may be referred to it by the City Council. The city counå1 shall have the authority to establish or revise the priorities of the Commission. See. 36-14. Organization; Meetings. (I) TheZoning Commission shall choose annually, at its first regular meeting of the fiscal year, one of its members to act as Chairperson, and another of its memhers to act as Vice-Chairperson, to perform all of the duties of the Chairperson during the Chairperson's absence or disability. The Commission shall adopt such rules and regulations goveming its operation and pro- cedure as may be deemed necessary. (2) The Zoning Commission shall hold a regular meeting at least monthly. (3) Memhers of the Zoning Commission shall attend at least two-thirds (213) of all regularly scheduled meetings within any twelve (12) month period. If any memher fails to aneud such prescribed number of meetings, such failure shall constitute grounds for the Commission to recommend to the City Council that said member he replaced. Attendanceof all members shall he entered on the minutes. (4) All meetings shall he held in confor- mance with the provisions of the Iowa Open Meetings Law. (5) The Zoning Commission shall file with the City Clerk a copy of the minutes of each regular and special meeting of the Commission within ten (10) working days after each such meeting. See. 35-15. Procedures of Operation. All administrative, personnel, account- ing, budgetary and procurement policies of the City shall govem the Zoning Commis- sion in all its operations. Published officially in the Telegraph Heraldnewspsperthis 12thdayofFehruaty, 1990. Maty A. Davis City Clerk \12/12 Council Member Pratt moved that the requirement that s proposed Ordinance he considered and voted on for passage at two council meetings prior 10 the meeting at which it is to be finally adopted be suspended and further moved fina\ odoption of the OnIinance. Seconded by Council Regular SessIon, February 5, 1990 49 Member Voetherg. Carried by the following vOle: Yeas-Mayor Brady, Counci1 Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbcrg. Nays-None. Communication of City Manager presenting follow-up information and recommending second reoding for the Off- Premise Signs Ordinance, and Communica- tion of Steve Hardie relative to the above, presented and reod. Council Member Voetbcrg moved that the communications he received and filed. Seconded hy Counå1 Member Deich. Carried hy the following vote: Yeas--Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-Mayor Brady, Council Member Nicholson. An Ordinance Amending the Schedule of Sign Regulations, Section 4-3.11 of Appen- dix A of the City of Dubuque, Code of Ordinances (Zoning Ordinance of the City ofDubuque, Iowa) by repealing that portion of said schedule of sign regulations relating to Off-Premise Signs, and by adopting in lieu thereof a new Scbedule of Sign Regula- tions for Off-Premise Signs. (1st reading given at meeting of Januaty 29, 1990), presented for further action. Council Member Voetherg moved that this be considered the secoud reading of the Ordinance as amended by adopting the 1985 OnIinance as is, with 100 fL setback from Historical Preservation Districts and the maximID"D &rea ofasign intheC-3,C-4, CS, and LI be the same with a 300 sq. ft. sign allowable 100 fL to 200 fL from Historic Preservation Districts and a 750 sq. fL sign allowable over 200 fL from Historic Preser- vation Districts. Seconded by Council Mem- ber Deich. Canied hy the following vote: Yeas-Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-Mayor Brady, Council Member Nicholson. RFSOLUTIONNO.42-9O Whereas, Applications for Beer Permits have been submitted and filed to úùs Counå1 for approval and the same have Deen ex- amined and approved; and Whereas, Thepremisesto heoccupied by soch applicants were inspected and found to comply with the OnIinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RESOL ¥ED BYTIlECITY COUNCIl. OF TIlE CITY OF DUBUQUE,IOW A. that the Manager he authorized to cause to he issued the following named applicants a Beer PcrmiL CLASS "C'. BEER PERMITS Lee Wayne Potter, Sr., West Locust Mart, 408 West Locust (Sunday sales) Passed, approved and odopted this 5th day ofFehruaty, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Deich moved odoption of the Resolution. Seconded by Council Member Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Memhers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. RESOLUTION NO. 43-90 Whereas, applications for liquor Licen- ses have been subotiued to this Council for approval and the same have been examined and approved; and Whereas, the premises 10 he occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY TIlECITY COUNCIl. OF TIlE CITY OF DUBUQUE,IOW A, that the Manager he authorized to cause to be issued 10 the following named applicant(s) aliquor license. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Inns oflowa, Lid. Dubuque Best Western Dubuque Inn 3434 Dodge (Sunday sales) CLASS "C"CLASS "c" (COM- MERCIAL) BEER AND LIQUOR LICENSES Patricia J.ombardi Schuster, Ms. Pat's 1630 E. 16th SL (Sunday sales) Schroby's Inc., Schroby's 1121 University James W. Goetzinger, Goetz's 2776 Jackson SL (Suuday sales) Patricia A. Kelly, Rainhow J.ounge 36 W. 4th SL -------- 50 Regular Session, February 5, 1990 CLASS "E" LIQUOR LICENSE Nash Finch Company, Econofoods *4713355, J.F.K. Circle Hy- Vee Food Stores, Inc., Hy- Vee Food Store, 3500 Dodge SL Passed. approved and odopted this 5th day ofFebruaty, 1990. James E. Brody Mayor Attest: Maty A. Davis City Clerk Council Member Deich moved odoption of the Resolution. Seconded by Council Member Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Memhers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Council recessed 8:49 p.m. Council reconvened 9:05 p.m. CITY MANAGER PRESENTED FIS- CAl. YEAR 1991 BUDGET AND SUP- PORTING DOCUMENTS. Council Memher Pratt moved that the documents he referred to the Council. Secouded by Coun- cil Member Deich. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmsnn, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Printed Counå1 Proceedings for months of October and November, 1989 presented for Council approval. Council Member Deich moved that the proceedings he ap- proved as printed. Seconded hy Council Memher Voetberg. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. MINUTES SUBMITTED: Airport Commission of 1-9; Electrical Examining Board of 1-9; Five Flags Comntission of 1-15; Historic Preservation Commission of 1-9; Housing Comntission of 1-9; Planning & Zoning Comm'"ion of 1-3 & 1-17; Plumbing Board ofl-16; Housing CodeAp- peals Board of 1-10; Park & Recreation Commission of 1-9; Transit Board's Com- parstive Earnings Statement and Statistics for 2ud quarter ofF.Y.'90, were presented and read. Counå1 Member Deich moved that the minutes be received and filed. Sccouded by Counå1 Member Voetberg. Carried by the fol1owing vote: Yeas-Mayor Brody, Council Members Deich, Heckmann, Klues- ner, Nicholson, Pratt, Voetbcrg. Nays- None. Communication of Jan Hess, Secretary of Dubuque Metropolitan Area Solid Waste Agency Board sulxnitting projected tenta- tive rate increases and operational proce- dures for fiscal yesr 1991, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Memher Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voctherg. Nays-None. Robert McCarten, Secretary of the Electrical Examining Board recommending odoption of the National Electrical Code for 1990, presented and read. Council Member Deich moved that the communication he received and filed. Seconded by Council Memher Voetherg. Canied by the fol1owing vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. REFUNDS REQUESTED: Lee potter, $50.00 and Thunderbirds Ltd. $25.00 on unexpired Cigarette Licenses; Susan Saffran $422.50 and John Yin $211.25 on unexpired Liquor licenses, presented and read. Coun- cil Member Deich moved that the refunds he approved and Finance Director 10 issue proper check. Seconded by Council Memher Voetbcrg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Planning & Zoning Comntission approving final plat of Cedar Lake-First Addition located north of Lake Ridge Drive, presented and read. Council Memher Deich moved that the communica- tion be received and filed. Secouded by Council Memher Voetherg. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Memhers Deich, Heckmann, Kluesner. Nicholson, Pratt, Voctherg. Nays-None. RES:>LUTION NO. 44-90 A RESOLUTION APPROVING THE FINAL PLAT OF CEDAR LAKE - EAST FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been mod with the City Clerk a final plat of Cedar Lake - East First Addition, in theCity of Dubuque, Iowa; and Regular SeSSion, February 5,1990 51 Whereas, said final plat has been ex- amined by the City Planning and Zoning commission and had its approval endorsed thereon; and Whereas, said final plat has been ex- amined by the City Council and the City Council finds that the same conforms to the statutes and ordinances relating therelo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Sedlon I. That the final plat of Cedar Lake - East First Addition, in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk arc hereby authorized and directed to endorse the approval of the City of Dubuque upon said final pIaL Passed, approved and adopted Ibis 5th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Memher Deich moved adoption of the Resolution. Seconded by Council Member Voctherg. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Planning and Zoning Commission approving final plat of Sunset Park Sixtb Addition located South of Pennsylvania Avenue, presented and read. Council Member Deich moved that the com- munication be recei ved and filed. Seconded by Council Member Voctberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 45-90 A RESOLUTION APPROVING THE FINAL PLAT OF SUNSET PARK SIXTH ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerks final plat Sunset Park Sixth Addition in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Welu Drive, together with certain public utility easements which the Owners by said final plat have dedicated to the public forever; and - Whereas, said final plat has been ex- amined by the City Planning and Zoning Comntission and had its approval endorsed thereon; and Whereas, said final plat has been ex- amined by the City Council and they find that the same conforms 10 the statutes and ordinances relating therelo, excepl that dri ve grades have not been estthlished, the drive brought 10 grade or paving installed: and Whereas, the City Council concurs in the conditions of approval established by the City Planning and Zoning Comntission. NOW, THEREFORE, BE IT RESOLVED BYTHECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the dedications of Welu Drive, together with the casements for public utilities as the same appear upon said final plat, be and the same are hereby accepted: and Section 2. That the plat of Sunset Park Sixth Addition be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to eudorse the approval of the City of Dubuque,lowa, upon said final pla~ provided the owners of said property herein nanted, execute their written acceptance hcrelo attached agreeing: a. To reduce all streets to grade and 10 construct concrete curb and gutter and 10 hard surface with bituminous concrete, or with concrete paving with integral curh, all in accordauce with the City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service latera1s in accordance with plans submiDed with the pla~ c. To install water mains and water ser- vice laterals in accordance with plans sub- ntiDed with the plat: d. To install storm sewers and catch basins in accordance with plans sulxnitted with the plat: e. To install concrete sidewalks as re- quired by OnIinances, and where directed by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with City specifications; g. Tn construct the foregoing improve- ments in accordance with plans and specifications approved by the City Manager, under the inspoction of the City 52 Regular Session, February 5,1990 Engineer, and in a manner approved by the City Manager, h. To construct said improvements, ex- cept sidewalks, prior 10 two (2) years from the date of accep"",ce of this resolution; 1. To maintain the foregoing improve- ments for a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide the foregoing construction aud maintenance at the sole expense of the subdivider, as owner. or future owner, Aud further provided that said Carl J. Burbach and Mary Ann Burbach, as owners of said subdivisioo, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Carl J. Burbach and Mary Ann Burbach shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the Resolution, the provisions hereof shall he null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 5th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 45-90 We, the undersigned, Carll. Burbach and Maty Ann Burbach, having read the terms and conditions of Resolution No. 45-90 and being familiar with the conditions thereof, hereby accept the same and agree 10 the conditions required therein. Dated at Dubuque, Iowa, this 20th day of February, 1990. By: Carl J. Burbach By: Maty Ann Burbach To: Mary A. Davis, City Clerk This is tocertify that the securityrequired by the foregoing Resolution No. 45-90 has been furnished by the owners. Said security was filed and is included with Resolution No. 359-89 which was odopted by the City Council on October 16, 1989 "Approving Final Plat of Sunset Park Fifth Addition in the City of Dubuque, Iowa". Dated at Dubuque, Iowa this 27th day of February,199O. W. Kenneth Gearhart City Manager Council Member Deich moved adoption of the Resolution. Seconded by Council Memher Voetherg. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson. Pran, Voetberg. Nays-None. Communication of City Managerrecom- mending acceptance of contract for the coo- crete paving of the Northwest Arterial frnm Asbury Road to John J. Kennedy Road, presented and read. Council Member Deich moved that the communication he received and filed. Seconded by Council Memher Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. RESOLUTION NO. 46-90 ACCEPTING IMPROVEMENT Whereas, the contract for the Northwest Arterial, Phase III, P.c.C. Paving and Inter- section Improvements 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 conttaCt, plans and specifica- tioos and recommends it acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofDubuque, Iowa, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTIffiR RESOLVED that the City Treasurer he and he is hereby directed to pay to the conttaCtor from the General Obligation Bouds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and odopted this 5th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Regular SessIon, February 5,1990 Council Member Deich moved odoptioo of the Resolution. Secouded hy Council Memher Voetherg. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran, Voetberg. Nays-Nooe. RESOLUTION NO. 47.90 FINAL ESTIMATE Whereas, the contract for the Northwest Arterial, Phase III, P.C.C. Paving and Inter- section Improvements has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil. OF TIlE CITY OF DUBUQUE, IOWA: Section I. That the cost of said improve- ment is hereby determined to be $537,723.09 and the said amount shall he paid from the General Obligation Bonds of the City of Dubuque,Iowa. Passed, approved and adopted this 5th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Deich moved odoption of the Resolution. Seconded by Council Member Voetherg. Carried by the following VOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of City Manngerreoom- mending acceptance of consttuctioo for the relocation of the sanitary sewer on Southern Avenue, as a result of the construction of U.S. 61, presented and read. Council Mem- ber Deich moved that the communication he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetherg. Nays-None. RESOLUTION NO. 4g-90 ACCEPTING IMPROVEMENT Whereas, the contract for the Southern A venue Sanitary Sewer Relocation has been completed and the City Manager has ex- amined the work and filed his certificate 53 stating that the same has been completed according 10 the terms of the contract, plans and specifications and recommends it accep- tance. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCil. OF TIlE CITY OF DUBUQUE, IOWA: Section I. That the reoommendation of the City Manager he approved and that said improvement be and the same is hereby accepted. BE IT FURTIlER RESOLVED that the City Treasurer be and he is hereby directed to pay to thecontraclor from the Street Coo- structioo Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th dayofFehruaty,199O. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Memher Voetherg. Canied by the following VOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson. Pratt, Voetberg. Nays-None. RESOLUTION NO. 49-90 FINAL ESTIMATE Whereas, the contract for the Southern A venue Sanitary Sewer Relocation has been completed and the City Engineer has sub- mined his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED BY TIlECITY COUNCIJ. OF THE CITY OF DUBUQUE, IOWA: Section I. That the cost of said improve- ment is hereby determined to be $46,260.32 and the said amount shall be paid from the Street Construction Fund of the City of Duhuque, Iowa. Passed, approved and odopted this 5th day ofFchruaty, 1990. Attest: Maty A. Davis City Clerk James E. Brady Mayor ----- - -'-~-- 54 Regular Session, February 5, 1990 Council Member Deich moved odoption of the Resolution. Seconded by Council Member Voetherg. Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of City Managerrecorn- mending acceptance of Rehabilitation of the Iowa Street Parking Rampproject, presented and read. Council Memher Deich moved that the communication he received and filed. Seconded by Council Member Voetbcrg. Canied by the following vole: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. RESOLUTION NO. 50-90 ACCEPTING IMPROVEMENT Whereas, the contract for the Rehabilita- tion of Iowa Street Parking Ramp has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Sectloo I. That the recommendation of the City Manager he approved and that said improvement he and the same is hereby aocepted. BE IT FURTIIER RESOLVED that the City Treasurer he and he is hereby directed to pay 10 the contractor from the Parking Constructioo Fund in amount eqnal to the amount of his contract, less any retained percentage provided for therein. Passed. approved and adopted this 5th day ofFehruaty, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Deich moved odoption of the Resolution. Seconded by Council Member Voetherg. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nichol- son, Pratt, Voetbcrg. Nays-None. RESOLUTION NO. 51-90 FINAL ESTIMATE Whereas, the contract for the Rehabilita- tion of Iowa Street Parking Ramp has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates. notices and inspection and all miscellaneous costs. NOW, THEREFORE, BE IT RESOLVED BYTIIE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Sectloo I. That the cost of said improve- ment is hereby determined to be $315,912.00 and the said amount shall he paid from the Parking Construction Fund of the City of Dubuque, low.. Passed, approved and adopted this 5th day ofFehruaty, 1990. James E. Brady Msyor Attest: Mary A. Davis City Clerk Council Memher Deich moved odoption of the Resolution. Seconded by Council Member Voetherg. Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. NOTICES OF CLAIMS/SUITS: Richard & Kathleen Fabey in amount of $42.00 for backed-up sewer damages; James Johnson, in amount of$88.oo for backed-up sewer damages; James J. Klauerin unknown amount for personal injuries; LaITy Langas in unknown amount for personal injuries; Roger Nemmers in amount of $122.49 for tire damages; Mary Ann Reittinger in amount of$132.34 for car damages; Charles D. McCormick in amount of $130.00 for backed up sewer damages; Diane Tekippein the amount of $2000.00 for personal losses and injuries, presented and read. Council Member Deich moved that the claims and suits he referred to the Legal Staff for inves- tigation and report Seconded by Council Member Voetbcrg. Canied by the following VOle:Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson. Pratt, Voetherg. Nays-None. Communications of Corporation Coun- sel recommending denial/closure of claims filed by Joseph Heer and Key City Window Cleaning Company, presented and read. Council Member Deich moved that the com- munications he received and fùed and recommendations approved. Seconded by Regular Session, February 5,1990 55 Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Memhers Doich, Heckmann, Kluesner, Nicholson, Pran, Voetherg. Nays-None. Communications of Corporstion Coun- sel recommending settlement of sewer backup claim of Julius Heinricy in the amount of $12.00 and car damage claim of Curt Gothard in the amount of $125.50, presented and read. Council Member Deich moved that the settlements be approved and Finance Director 10 issue proper checks. Seconded by Council Member Voetherg. Carried by the following vote: ¥eas- Mayor Brady, Council Members Doich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Dubuque Racing Association Ltd., sub- mitting Rnancial Stalements forpcriods en- ding November 30, 1989 and 1988, presented and read. Council Member Deich moved that the statements he received ..,d filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pran, Voetberg. Nays-None. Four Mounds Foundation submitting a summary of projects completed in 1989 and a proposed Work Plan for 1990, presented and read. Council Member Deich moved that the summary he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of City Manager sub- mitting Quarterly InvestmentReportforper- iod beginning October I, 1989 and ending December 31, 1989, presented and read. Council Member Deich moved that the com- munication and report be received and filed. Seconded by Council Memher Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of City Manager sub- mitting Financial reports for the month of December,1989,presentedandread. Coun- cil Member Deich moved that the c0m- munication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communications of Dubuque Museum of Art, Esther Hillman House, Linda Cla- ussen, Judi Tabarel, Tri-State Independent Blind Society, Inc. and Dubuque Areu Ac- tivity Coordinators Association requesting Community Development Block grant Funds he made available to make the Duho- que Museum of An bandicappcò <!CCCSsible, presented and read. Council Member Deich moved that the communications he received and filed. Seconded by Council Member Voetberg. Carried by the following vole: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetherg. Nays-None. Communication of City Manager re- questing Mayor he anthorized to execute the Grant Agreement with IIlJD in the amount of $918,000 for Calendar Year 1990, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Memher Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Membets Deich, Heckmann, Kluesner, Nicholson, Pran, Voetberg. Nays-None. RESOLUTION NO. 52-90 A RESOLlJI10N AUTHORIZING THE EXECUTION OF A COM- MUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CALEN- DAR YEAR 1990. Whereas, under provisions of Tide I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and subntitled a State- ment of Intent on December I, 1989 for a Community Development Block Grant; and Whereas, the submission has been approved by theDepartmentofHousing and Urban Development in the amount of $918,000 for a twelve-month program com- mencing Januaty I, 1990; and Whereas, a Grant Agreement covering the activities proposed 10 be carried out with Community Development Block Grant funds has been tendered the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Sectloo I. That the Grant Agreement, authorized by the U.S. Department ofHous- ing and Urban Development 00 January 19, 56 Regular Session, February 5, 1990 1990, for a Community Development Block Grant to the City of Dubuque is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed 10 execute a Community Develop- ment Block Grant Agreement identified as Grant Agreement B-90-MC-19-0004 for submission to the U.S. Department of Housing and Urban DevelopmenL Passed, approved and odopted this 5th dayofFebruaty,199O. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved odoption of the Resolution. Secouded by Council Member Voetherg. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of City Manager re- questing approval to support an application, by a private developer, to the Iowa Finance Authority for development of low-income housing, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Memher Voetbcrg. Carried by the following vote: Yeas- Mayor Brady, Council Memhers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. RESOLUTION NO. 53.90 A RESOLUTION SUPPORTING APPLICATION OF THE CATHEDRAl. GARDEN DEVEL- OPMENT GROUP FOR FUNDING UNDER THE IOWA FINANCE AUTHORITY'S HOUSING ASSIS- T ANCE FUND PROGRAM. Whereas, the City of Dubuque recog- nizes the continuing unmet need for provision of assisted housing 10 the City's qualifying lower-income elderly households; and Whereas, the 10waFinanceAutbority has made available funds 10 assist cities and private developers to create odditionallow- income housing; and """"" ,. Whereas, the Cathedral Garden Develop- ment Group has approached the City with a proposal to create 18 units of low-income housing for elderly households. and has asked that the City be the local housing sponsor of a proposal for funding 10 the Iowa Finance Autbority. NOW, THEREFORE, BE IT RESOLVED BYTHECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque as the local housing sponsor bereby officially expresses support for the Cathedral Garden Development Group's application to the Iowa Finance Authority for low-income housing development assistance. Section 2. That the City Clerk is hereby authorized and directed to transmit a cer- tified copy of this Resolution to the Iowa Finance Authority on hehalf of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day ofFebruaty, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Deich moved odoption of the Resolution. Secouded by Council Memher Voetherg. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmsnn, Kluesner, Nicholson, Pran, Voetherg. Nays-None. Communication ofDubuque Convention and Visitors Bureau submitting their Quarterly Report ending December 31, 1989, presented and read. Council Member Deich moved that the communication he received and fùed. Seconded by Council Memher Voetherg. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. There being no further business, Council Memher Voetherg moved to adjourn the meeting. Seconded by Council Member PralL Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Meeting adjourned at 10:28 p.m. Maty A. Davis City Clerk Regular Session, February 5,1990 57 Ap¡noved~ 'l .7' \- 1990 ,ted .' t~ ,. '1'.. , r.' ,I 1990 , ,.;c'~.(~ I>' i',... ~ C - .-'.1'. -,/"-- Mayor ,/ -- ,-~>;y ~~ - . - / , - " ;::,;</ -<" ,- " .-,- / - Council Members Attest: /: .1, c' - / /'0.'-',1', c' City Clerk 58 Special Session, February 12,1990 DUBUQUE CITY COUNCil OFFICIAL PROCEEDINGS Special Scssion, February 12, 1990. Council metat 7:00 p.m., Public Ubrary Auditorium Present: Mayor Brady,CouncilMembers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Assistant Attorney James O'Brien. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to set a Public Hearing on the Freeway Signage Overlay DistricL Communication of City Managerrecom- mending 10 set the Freeway SignageOveriay District Amendment for public hearing on February 19, 1990, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Memher Heckmann. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance amending Appendix A (Ordinance No. 13-85) of the Code of Ordinances by adding Section 4-3.12 Freeway 61/151 Corridor Signage Overlay District (SOD) relating to On and Off-Premise Signs, presented and read. Council Member Deich moved that this be considered the first reading of the Onlinance and that it he set for Public Hear- ing on March 19, 1990 at 7:30 p.m. in the Public Lihrsry Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. There being no further business, Council Memher Heckmann moved to adjourn the ",.'" meeting. Seconded by Council Member PratL Carried by the following vOle: Yeas- Mayor Brody, Council Members Deich. Heckmann, Kluesner, Nicholson, Pratt, Voetbcrg. Nays-None. Meeting adjourned at 7:38 p.m. I.-IMy A. Davis City Clerk ApproVed~" ,1990 Adopted. , "-, ,1990 ) "/':'- .£:",-, ~- -' ~- Mayor / - /. .," ,t';' , ~, - ',l-) , . .. . "..,. " ' " I . :/ ' c.-.: / I 1";,:"'./ '~:.( /f c>'~ I' -' :~~. --.,------ "7 Council Members Attest: / .: ~ City Clerk Special Session, February 14, 1990 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, Februaty 14, 1990. Council motat 11:04 p.m., Public Ubrary Auditorium. Present: Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson. Pratt, Voetberg, City Manager W. Kenneth Gearhar~ Co.poration Counsel Barty A. Lindalù. Mayor Brady read the call and stated Otis is a Special Session called for the pwpose to go into Closed Session 10 discuss strategy with counsel in matters where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the posi- tion of this governmental body in that litigation. At 1l:O4 p.m Council Member Pratt moved 10 go inlo Closed Session in accord- ance with Chapter 21.5 I(c) of the 1989 Code of Iowa, as amended, to discuss strategy with counsel in matters where litigation is imminent where its disclosure would be likely 10 prejudice or disadvantage the position of this governmental body in that litigation. Seconded by Council Mem- ber Voetherg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Council reconvened at 11:37 p.m. There being no further business, Council Member Kluesner moved to adjourn. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayo. Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Meeting adjourned at II :38 p.m. Mary A. Davis City Clerk , I ,/' { /" "..::~, , I . "~¿'{L.r/"'(.~ /~',!.,.;".., ~/ Approved / ' Adopted ,~, , "I', . é' Mayor " /¡{,/. 59 1990 / ,.1990 , -, /" '/ ,'/- ' " ~- .¡ /( 1/";--"--" ~ Council Members Attest: / ~ City Clerk , " 60 Regular Session, February 19, 1990 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Scssion, February 19, 1990. Council met at 7:30 p.m., Public library Audirorium. Present' Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barty A. LindaW. Invocation was given by Father John Haugen, Spiritual Direclor and Member of the Administration of Wahlert High School. PROCJ.AMAnONS: February 18-24, 1990 as "National Engineers Week" received by Ken Buesing and Carl McCarthy; April 22, 1990 as "Day of Remembrance": February 27,1990 as "Finley Hospital's lOOthAnniven;ary": February 27,1990 through February 26, 1991 as: "Finley Hospital's Centennial Year"received by Deb Gustafson. There was a presentation to the Mayor by Columbian students. Proof of Publication certified to by the Publisher on Notice of Public Hearing to reclassify a portion of property located near Clarke College and approve an amended Conceptual Development Plan for the Clarke College ID Institutional District, presented and read. Council Member Pratt moved to sospend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Deich. Carried by the fol- lowing vote: Yeas-Mayor Brady, Council Members Deieh, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. There were no written objections received and no oral objector present at the time of the Hearing. ,",,"" Council Member Pratt moved that the proof of publication he received and filed. Seconded by Council Memher Deich, Car- ried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Nays-None. Abstain-Council Mcmber Voetberg, An OnIinance amending Appendix A, also known as the Zoning OnIinance of the City of Dubuque 10 reclassify a portion of property west of Clarke Crest Drive and Clarke Crest Court from R-I Single Family Residential to ID Institutional District, and by approving an Amended Conceptual Devclopment Plan for the Clarke College lD Institutional Distric~ said Ordinance having been presented and read at the Council Mcet- ing of January 15, 1990, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 8A-90 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA FOR ZONING RECLAS- SIFICA nON FOR A PORTION OF PROPERTY WEST OF CLARKE CREST DRIVE AND CLARKE CREST COURT FROM R-I SINGLE FAMILY RESIDENTIAL TO ID INSTITUTIONAL DIS- TRICT, AND BY APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR TIlE CLARKE COJ.J.EGE ID INSTITU- TIONAl, DISTRICT. Whereas, Clarke College, owner and ap- plicant. filed an application for zoning reclassification of a portion of property west of Clarke Crest Drive and Clarke Crest Court from R-I Single-Family Residential to ID Institutional District and has filed an amended conceptual development plan for certain properties hereinafter described in accordance with provisions of the ID Institu- tional District regulations as set furth in Sec- tion 3-5.2 of the Code of Ordinances, Appeudix A thereof,ofthe City ofDubuque, Iowa; and Whereas, the Planning and Zoning Com- mission has held a public hearing on said zoning reclassification and amended - Regular Session, February 19, 1990 61 conceptual development plan pun;uant tore- quired published notice: and Whereas, the Planning and Zoning Com- mission has approved said zoning reclas- sification and amended conceptual development plan subject to specific coudi- tions and restrictions, having found thatsaid plan conforms 10 the review standards ap- plicable to such plans as set forth in Section 3-5.2D(4) of the Code of Ordinances, Appeudix A thereof, of the City ofDubuquc, Iowa; and Whereas, the Planning and Zoning Com- mission recommended the concurrence of the City Council and approval of said amended zoning reclassification and amended conceptual development plan; and Whereas. the City Council has received the recommendation of the Planning and Zoning Commission and held its own public hearing on said zoning reclassification and amended conceptual development plan pur- suant 10 the required published notice; and Whereas, the City Council has approved said zoning reclassification and amended conceptual development plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCil. OF T1fE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordinances of the City of Dubuque, Iowa, be amended hyrevising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City ofDubuque, Iowa" by reclassify- ing from R-I Single-Fantily ResidentiaiDis- trict to ID Institutional District, the following described property, 10 wit: That portion of Lot 2 of Lot I of Lot I of "Clarke College Place" bounded as follows: on the East by the Wester- ly line of Lots 4 and 5 of Block JOof "Clarke Crest Estates"; on the North by the Southerly lines of Lots 5, 6, 7, 8, 9 and lOofBiock 9 of "Clarke Crest Estates"; on the West by the Easterly line of Lots 11,12.13, 14,I5,I6,and 17 of said Block 9; and on the South by the Westerly extension of the Southerly line of Lots 5, 6, 7, 8, and 9 of said Block JO,saidWesterlyexten- sion being that line represented and identified as the Northerly line of Clarke College ID (Institutional Dis- bict) according 10 the Official Zoning Map of the City of Dubuque, Iowa, adopted by Ordinance No. 13-85 on March 18, 1985, on file in the records of said City of Dubuque, Iowa; and that portion of Lot I of Lot 3 of Lot 2 of Mineral Lot 191, together with that portion of Lot I of Lot 2 of Minernl Lot 198, hounded as follows: on the South by the Northerly line of Clarke Drive; on theEastby the We'terlyline of Clarke Crest Drive; on the North by the Southerly line of Lots 5,6,7,8 and 9 of Block 10 of "Clarke Crest Es- tates"; and on the West by that line represented and identified as the Easterly line of Clarke College ID (Institutioual Disbict) located North of said Clarke Drive, according to the Official Zoning Map of the City of Dubuque, Iowa, adopted by OnIinance No. 13-85, on March 18, 1985, on file in the records of said City of Dubuque, Iowa; and to the center line of the adjoining public right-of-way; all in the City of Dubuque, Iowa. Section 2. That in order 10 accomplish the purposes of the ID Institutional Disbict of the Zoning Ordinance of the City of Dubuque, lows, the amended conceptual development plan for Clarke College, a copy of which is attached 10 and made a part hereof, is hereafter adopted and approved for the following described property, 10 wit: Lot 2 of Lot I of Lot I; Lot I of Lot I of Lot I of Lot I of Lot I of Lot 2; Lot 2 of Lot I of Lot I of Lot 2; Lot 20f Lot I of Lot I of Lot I of Lot 2; Lot 2 of Lot 2; Lot20fLot20fLot I of Lot 2: Lot I of Lot 2 of Lot I of Lot 2, all of Clarke College Place: Lot I of Lot 2 of Mineral Lot 198 and Lot I of Lot 3 of Lot 2 of Mineral Lot 191, and to the centerline of the adjcining public right-of-way, all in the City of Dubuque, Iowa. Section 3. That in order 10 accomplish the purposes of the ID Institutional District of the Zoning Ordinance, the property here and above described is subject to the follow- ing conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the ahove described ID Institutional Disbict: I) Principal permitted uses shall he limited to the following: a) College and univen;ities [45] 62 b) Classrooms, laboratories,lecture balls, auditoriums and similar places for institutional assembly [45J c) Offices for adminisorative per- sonnel orotherinstitutional employees or affiliates [\4J d) Churches [7], libraries and museums [13] e) Single-family, two family [11] or multi-family dwellings for the housing of institUtional residents or aff¡Jiates [9] t) Off-street parking and loading [N/A] g) Recreational or athletic facilities for the primary use and henefit of institu- tional re,ideuts oraff¡Jiates [45] h) Exi,ting private uses ohtrUctures sitUated within an ID District for which theR-3 District standards all apply [N/A] 2) Accessory uses. The following uses shall be permitted as accessory uses in the ahove described ID Institutional District: a) Located entirely within a prin- cipal building, bookstores or bsrs seating not more than seventy-five persons at one time and located not clmer than two hundred feet (200') from the nearest Residential or Office Residential District. b) All otber uses customarily in- cidentallo the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uscs outside a principal building. B. Lot and Bulk Regulation" Develop- ment of land in the ID InstitUtional District shall he regulated as follows: I) All buildings, strUctures and activities ,hall be located in conformance with the attached conceptnal development plan and all final site development plans shall he ap- proved in accordance with the provisions of the ID Institutional District regulations as provided in the Zoning OnIinanceoftheCity of Dubuque,lowa. C. Performance Standards, The development and maintenance of uses in the ID Institutional District shall be established in conformance with the following stand- ards, as well as the regulation, of Section 3-5.2 of the ID Institutional District: "1f¡'c; D. Site Development Standards. The site development standards for this ID Institutional District shall establish the landscaping and ,creening requirements as established in accordance with the require- ments of Section 4-5 of the Zoning OnIinance of the City ofDubuque,lowa. All other site development standards of Scction 4-4 shall apply. Regular Session, February 19, 1990 63 Eo Addillonal Standard" 1) The off-street parking requirement for the principal permitted use, for the herein described ID Instittitional District shall he designated by a bracket enclosed numher next 10 the use, as herein de,cribed: 9) L5 spaces for each dwelling uniL II) Two'J'&cCS for each dwelling uniL 14) One space for each four hundred square feet devoted Iooffice use orone space for each employee on the maximum shift, whichever i, greater. 7) One space for each four permanent scats. 13) One space for each five hundred square feet of floor area accessihle 10 the general public. 45) Dormitorie, - one.pace for each bed. Gymnasiums - one space for each six permanent seats. Lecture halls - one 'pace for each six permanent seats. Employees - .75 spaces for each employee on the maximum shift. 2) The amended conccpttial develop- ment plan shall he valid for a period of ten years provided a Final Site Development Plan is submitted within two years from the date of approval of thi, ordinance. F. Transfer of Ownership. I) Transfer of ownership or lease of propcny in this ID Institutional District shall include in the oransfer of lease agreement a provi,ion that the purchaser or 1..... ac- knowledges awarcne" of the conditions authorizing the eSlablishment of the Di,triCL Passed, approved and adopted this 19th day of February, 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor Regular Session, February 19, 1990 I) The proposed construction and landscaping schedule shall occur as follows: a) A fitnc" orail on campus and intramural playing field in the northwest campus will commence by 1992. b) The renovation of Mary Frances Clarke Hall will commence by 1995, with completion by 2000. c) Construction of a Recreation! Spotts Centetwill begin by 1991. d) Consolidation of all student ser- vices along with the pre,ent Studeut Union into an expanded Studcnt Center will hegin by 1995. e) Construction of an intramural playing field and softball field in the nurtheast campus shall commence by 1992 t) Parking lots shall be constructed north of Clarke Drive providing a Iotal of 292 parking spaces by 2000. g) Clarke Plaza and a No Parking Zone on Clarke Drive will commence by 1995, and he completed by 2000. h) Land,eaping will commence around parking lots and strUctures during constrUction of ,.me. i) Parking lots shall he constructed south of Clarke Drive providing a tota1 of 84 'paces by 2000, at Mary Benedict Hall. j) Campus signs will he installed along Aspen Drive, Clarke Drive and Locust Street by 1995. k) Construction of a new lobby and rest rooms for Terence Donaghoe Hall will be completed by 2000. 1) Tenuis courts will he relocated and expanded to the north of the Recreation/Spotts Center by 2000. m) Track and field in northeast campus will be completed by 2000. Published officially in the Telegraph Heraldnewspaperthis 26th day of February, ]990. Mary A. Davis City Clerk 112/26 Council Member Pratt moved final adop- tion of the OnIinance. Seconded by Council Memher Deich. Carried by thc following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner. Nicholson, PrstL Nays-Nonc. Abstain- Council MemberVoctberg. Preof of Publication certified 10 by the Publi,her on Notice of Public Hearing to vacate and dispose of City's interest in Lot AofLot20fLot I of City Lot674, presented and read. There were no written objections and no oral objectors present at the time of the Hearing. Council Member Voetherg moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann. Klu..ner, Nicholson, Platt, Vœtberg. Nays-None. An OnIinance vacating a portion of Main Street lying 135 feet Northwest of West 17th Street on the easterly side of Madison Street, said OnIinance having been presented and read at the Council Meeting of February 5th, now presented for final action. (OFFJCIAJ. PUBLICATION) ORDINANCE NO. 9A-90 ORDINANCE V ACA TING A POR- TION OF MAIN STREET LYING 135 FEET NORTHWEST OF WEST 17TH STREET ON TilE EASTER- L Y SIDE OF MADISON STREET. Whereas, the City Council of the City of Dubuque desire, 10 vacate a portion of Main Street lying 135 fcet northwest of West 17th Street on the easterly side of Madison Street; and Whereas, theCityofDubuque, Dubuque, Iowa, has prepared a plat showing the va- cated portion of Main Street and assigned a Lot number thereof, which hereinafter shall he known and described as I.ot A of1.ot2 of Lot 1 of City I.ot 674 in the City ofDuhoque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this por- tion of Main Street is no longer required for public use and vacating of said portion of Main Street known as I.ot A of I.ot 2 of I.ot I of City Lot 674 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY TIJECITY COUNCn.OF THE CITY OF DUBUQUE, IOWA: Regular Session, February 19, 1990 Section 2. That the Mayor he authorized and directed to execute a Quit Claim Deed. and the City Clerk be and is hereby authotized and directed 10 deliver said deed of conveyance 10 the ahove named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk he and is hereby authorized and directed to record a certified copy of this Resolution in the OfficeoftheCity Assessor, DubuqueCoun- ty Recorder and the Dubuque County Treasurer. Passed, approved and adop1ed this 19th day of February, 1990. James E. Brady Mayor 64 Section I. That the real estate described as I.otA of1.ot2 of Lot I of City I.ot674 in the City of Dubuque, Iowa, be and the same is hereby approved. Passed, approved and adopted this 19th day of Februaty, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published orficially in the Telegraph Heraldnewspaperthis 26th day of February, 1990 Mary A. Davis City Clerk Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Memher PratL Carried by the fol- lowing vote: Yeas-Mayor Brady, Council Memhers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. !l2fM RESOLUTION NO. 54-90 Whereas, pursuant toresolution and pub- lished notice of time and place of hearing, published in the Telegraph Herald, a newspaper of genenù circulation published in the City of Dubuque, Iowa on 10th day of February, 1990, the City Council of the City of Dubuque. Iowa met on the 19th day of February, 1990, at 7:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque. Dubuque County, Iowa 10 con- sider the proposal for the sale of real estate described as: I.ot A of Lot 20fLot I of City Lot 674 in thcCity of Dubuque; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written, 10 the proposal to dis- pose of interest of the City ofDubuque, Iowa in the hereinabove described real estate 10 Roger J. & Gloria G. Schiesl. NOW, THEREFORE, BE IT RESOLVED BY TIffiCITY COUNCIL OF TIlE CITY OF DUBUQUE,IOW A: Section I. That the disposal of the inter- est of the City of Dubuque, Dubuque Coun- ty, lows in real property described as I.ot A of Lot 2 of Lot I ofCityLot674in the City of Dubuque, Iowa to Rnger J. & Gloria G. Schiesl be and the same is hereby approved for the sum of ten dollars $10.00); conveyance shall he by Quit Claim Deed. '~;Ž' Attest: Maty A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner. Nicholson, Pratt, Voetberg. Nays-None. Preof of Publication certified to by the Publisher on Notice of Public Hearing on the Freeway Corridor Plan; Communication of Planning & Zoning Commission requesting Council odopt a Freeway Corridor Plan to guide the development and redevelopment anticipated along and adjacent 10 the newly built roadway: Communication of City Managerrequesting directioo on implemen- tation of Freeway Corridor Plan, and Com- munication of Craig Reber requesting Council consider the creation of "green spaces" in the 12 "target areas" along the freeway corridor, presen1ed and read. Steve Neyens, 850 Kane, Ann Michalaski. 1504 Iowa, Jim Dixon. 2505 Marquette PI., Jack Frick, 3295 Aurora, CoreySpautz,1315Tomahawk.allspokelo the freeway billboard issue. Council Member Kluesner moved that the communications he received and filed. Seconded by Council Memher Pratt. Carried by the following vote: Yeas-Mayor Brady. Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Council Memher Heckmann moved to odoptPlanNo. 3 (andstartatends of corridor as stated, and report 10 Council on various issues). Seconded by Council Member PratL Carried by the following vote: Yeas- Mayor Brady, Council Memhers Deich, Heckmann, Kluesner, Nicholson, Prstt, Voetherg. Nays-None. Regular Session, February 19, 1990 Preof of Publication certified 10 by the PubJisher of Notice ofHearing on Plans and Specifications for the Civic Center Carpet Replacement, presented and read. There were no written objections received and no oral objectors present at the Hearing. Coun- cil Member Kluesner moved that the pmof of publication be received and filed. Seconded by Council Memher PratL Carried by the folJowing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Klues- ner, Nicholson, Pratt, Voetberg. Nays- None. RESOLUTION NO. 55.90 RESOLUTION ADOPTING Pl.ANS AND SPECIFICA nONS. Whereas, on the 10th day of January, 1990, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Installation ofCarpcting at Five Flags Civic Center. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUllUQUE. IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans. specifications, form of contraCt and estimated cost for said improvements for said projecL Passed, approved aud adop1ed this 19th day of February, 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor 65 next Council meeting. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran, Voetberg, Nays-None, Communication of Planning & Zoning Commission advising of their approval 10 rezone property located at the Northeast corner ofDavisand Windsor Ave. from R-I 10 OS, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An OnIinance Amending Appendix A of the Code of Ordinances by reclassifying I.ot 2 of I.ot I in Stonehill Community Sub- division No. I and 10 the center line of the adjoining public right-of-way from R-I Single-Family Residential District 10 OS Office Service District. prcsented and read. Council Member Voetberg moved that this be considered the first reading of the OnIinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at whichitis 10 be finally adopted be suspended and further moved that it beset for Public Hearing on March ]9, 1990 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 Heckmann. Carried by the folJowing vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Planning & Zoning Conurtission advising of their approval to rezone property located north of Pennsylvania A venue and west of Radford Road from AG 10 C-2, presented and read. Council Member Voctberg moved that the communication be received and filed. Seconded by Council Member Heckmann. Carried by the folJowing vote: Yeas- Mayor Brady, Council Members Deich. Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Appendix A of the Code of Ordinances by reclassifying I.ot 2 of Lot 2 of Lot I of Lot I of Block 2 of Northrange Industrial Park, and 10 the center line of the adjoining public right-of-way fromAG Agricultural District 10 C-2 Neigh- borhood Shopping Center District, presented and read. ,- Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the folJowing vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Preof of PubJication certified 10 by the Publisher on Notice to Bidders of the Receipt of Bids for the project. and Corn- munication of City Manager recommending 10 review the bids but not take any further action on this matter until the next Council meeting. presented and read. Council Mem- ber Kluesner moved that the communica- tions be received and filed and approved the recommendations 10 delay action until the 66 Regular Session, February 19, 1990 Council Member Voetherg moved that this he considered the fmt reading of the OnIinance, and that the requirement that a proposed Ordinance he considered and voted 00 for passage at two council meetings prior 10 the meeting at which itis to be finally adopted be suspended and further moved that it he set for Public Hearing on March 19, 1990 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 Heckmann. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann. Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Planning & Zoning Commission advising of their ap¡novallo rezone Lots !7-34 in Block 1 and Block20f Sunset Park Fifth Addition from R-I to R-2 aud R-I to R-3: aud also advising of the DENIAl. to rezone Lot I through and in- cluding Lot 16, Block 1. Sunset Park Fifth Addition from R-I 10 R-2 District, upon motion received and filed. An Ordinance Amending Appendix A of the Code of Ordinances by reclassifying property located South of Pennsylvauia Avenue and East of Marjorie Circle from R-I Single-Family Residential and PR Planned Residential District to R-2 Two- Family Residential and R-3 Multi-Family Residential Districts. presented and read. Council Member Voetherg moved that this he considered the first reading of the OnIinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at tWo council meetings prior to the meeting at which itis to he finally adopted he suspended and further moved that it he set for Public Hearing on March 19, 1990 at 7:30 p.m. in the Public Lihrsry Audilorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prall, Voetberg. Nays-None. Communication of City Manager sub- mitting documents providing for the con- crete paving, slonn sewer, and streetlighting for the Dubuque Industrial Center, Phase II, presented and read. Council Memher Heck- mann moved that the communication be received and filed. Seconded by Council Memher PralL Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. RESOLUTION NO. 56-90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contmCt and estimated cost for the Dubuque Industrial Center, phase II - Paving, Drainage and Lighting, in the estimated amount of $341,118.00. are hereby approved and ordered filed in the office of the City Clerk forpublic inspection, Passed, approved and adopted this 19th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member PratL Carried by the fol- lowing vote: Yeas-Mayor Brady, Council Memhers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RFSOLUTION NO. 57-90 FIXING DATE OF HEARING ON PLANS AND SPECIFlCA TIONS. Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap¡noval on the proposed plans, specifica- tions, and form of contract and placed same on file in the office of the City Clerk for public inspectioo of the Dubuque Industrial Center, Phase II - Paving, Drainage and Lighting. NOW, THEREFORE, BE IT RESOLVED, that on the 19th day of March, 1990, a public hearing will he held at 7:30 p.m. in the Public library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directcd to cause a notice of time and place of such hearing to he published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall he not less than four days nor more than tWenty days prior to the day fIXed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifica- tions, contract, or estimated cost of the improvemcnL - Regular Session, February 19, 1990 67 Passed, approved and adopted this 19th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Heckmann moved odoption of the Resolution. Secouded by Council Member PratL Carried by the fol- lowing vOle: Yeas-Mayor Brady. Council Memhers Deich, Heckmann, Kluesner, Nicholson, Pran, Voetberg. Nays-None. RESOLUTION NO. 58-90 ORDERING BIDS BE IT RESOLVED BY TIlE COUNCil. OFTIJECITYOFDUBUQUE,IOWA: That the Dubuque Industrial Center, Phase II - Paving, Drainage aud lighting is hereby otdered 10 be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall he in an amount which shall con- form 10 the provisions of the notice 10 bid- ders hereby approved as a part of the plans and specifications herelofore adopted. That the City Oerk is hereby directed 10 advertise for bids for the construction of the improvements herein provided, to be pub- lished in a newspaper having general cir- cuJation in the City ofDubuque,lowa, which notice shall not be less than four days nor more than tWenty days prior 10 the receipt of said bids at 2:00 p.m. on the 13th day of March, 1990. Bids shall he opened and read by the City Clerk at said time and will he subntitted to the Council for final action at 7:30 p.m. on the 19th day of March, 1990. Passed, approved and adopted this 19th day ofFehruaty, 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor child care and day care centers, presented and read. Council Memher Kluesner moved that the communication he received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prall, Voetherg. Nays-Nooe. An Ordinance amending Code of OnIinances to provide for Group Day Care Centers as a Conditional Use in the C-3 General Commercial District, the C-4 Downtown Commercial District, C-5 Central Business Distric~ the LI light In- dustrial District and the HI Heavy Industrial District; to amend Section 4-7, Home Occupation and Section 8, definitions in regard 10 Child Care and Group Day Care Centers; Ioarnend the R-I, R-2, R-2A, R-3, R-4, OR, and OS and PR Districts in regard to Group Day Care Center Provisions, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance he considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that it he set for Public Hearing on March 19, 1990 at 7:30 p.m. in the Public Uhrsry Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Memher PralL Carried by the fol- lowing vote: Yeas-Mayor Brady, Council Memhers Doich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of City Manager sub- mitting documents providing for the initiat- ing of the construction of the Parking Ramp Facility No.3, presented and read. Council Member Voctherg moved that the com- munication be received and filed. Seconded by Council Memher Heckmann. Carried by the following VOle: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, NIcholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 59-90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contmCt and estimated cost for the Parking Facility No.3, in the estimated amount of $2,700,000.00, are hereby Council Member Heckmann moved odoption of the Resolution. Seconded by Council Member PratL Carried by the fol- lowing vote: Yeas-Mayor Brady, Council Members Doich, Heckmann, Kluesner, Nicholson, Prall, Voetberg. Nays-None. Communication of Planning & Zoning Cornntission advising of their approval to amend the Zoning Ordinance regarding 68 Regular Session, February 19, 1990 approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 19th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbcrg moved odop- tion of the Resolution. Seconded by Council Memher Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nay<-None. RESOLUTION NO. 60-90 FIXING DATE OF HEARING ON PLANS AND SPEClFlCA TIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifica- tions, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Parking Facility No. 3. NOW, THEREFORE, BE IT RESOLVED, that on the 2nd day of April, a public hearing will he held at 7:30 p.m. in the Public Lihrsry Auditoriumatwhich time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and theCityClerk he and is hereby directed 10 cause a notice of time and place of such hearing 10 be published in a newspaper having general cin:ulation in the City of Dubuque, Iowa, which notice shall he not less than four days normorc than twenty days prior to the day fixed for its consideration. At the hearing, anyinterested person may appear and file objections 10 the proposed plans, specifications, contract, or estimated cost of the improvemenL Passed, adopted and approved this 19th day of Fehruaty, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Voetberg moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetherg. Nays-None. RESOLUTION NO. 61-90 ORDERING BIDS BE ITRESOL VED BY THE mUNCIJ. OF TIlE CITY OF DUBUQUE, lOW A: That the Parking Facility *3 is hereby ordered to be advertised for bids for constrUCtion. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall con- form 10 the provisions of the notice to bòd- ders hereby approved as a part of the plans and specifications herelofore odopted. That the City Clerk is hereby directed 10 advertise for bids for the construction of the improvements herein provided, 10 be pub- lished in a newspaper having general cir- culation in the CityofDubuque,lowa, which notice shall not he less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 22ud day of March, 1990. Bids shall he opened and read by the City Oerk at said time and will he submined to the Council for final action at 7:30p.m on the 2nd day of April, 1990. Passed, approved and adopted this 19th day of February, 1990. James E. Brady Mayor Anest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Memher Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pran. Voetberg. Nays-None. Petition of AI Pul.... requesting to ad- dress the Council on composting and on the sewer. Mr. Polsean spoke. Communication of Patricia Friedman re- questing she and Michsel Reilly, President of Dubuque Main Street Lid., will be al- lowed to present their semi-annnal report on the continuing revitalimtion of downtown Dubuque, presented and read. Mike Reilly and Pat Friedman presented the reporL Council Member Pratt moved that the com- munication he received and filed. Seconded by Council Memher Voetherg. Carried by the following vOle: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Regular Session, February 19, 1990 69 Council recessed at 9: 15 p.m Council reconvened at 9:30 p.m. City Manager advising that Jan Nevins and Shelly< Kaplin of Mercer, Slavin & Nevins, Jnc. will present their findings and recommendations of the Classification and Compensation Study Report. Ms. Nevins and Ms. Kaplin presented the report. Council Member Deich moved that the report be received and filed. Seconded by Council Memher Nicholson. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Memhers Deich, Kluesner, Nicholson, Prat~ Voetberg. Nays-Council Member Heckmann. Communication of City Manager sub- mitting amended Sign Regulation Or- dinance.. presented and read. Council Member Voetberg moved that the com- munication be received and filed. Seconded by Council Member Doich. Carried by the following vote: Ycas-Council Memben Deich, Heckmann, Kluesner, Nicholson. Pratt, Voetberg. Nays-Mayor Brady. An Ordinance amending Schedule of Sign Regulation, by repealing that portion of Schedule 4-3.11 of said schedule of sign regulations relating to Off-Premise Signs, and by adopting in lieu thereof a new schedule of sign regulations for off-premise signs, said OnIinance given 1st reading as amended on 1-29,90; 2nd reading with fur- ther amendments given on 2-5-90, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. IOA-90 AN ORDINANCE AMENDING THE SCHEDULE OF SIGN REGULATIONS, SECTION 4-3.11 OF APPENDIX A OF TIlE CITY OF DUBUQUE CODE OF ORDINAN- CES (ZONING ORDINANCE OF TIlE CITY OF DUBUQUE,IOW A,) BY REPEALING TIIA T PORTION OF SAID SCHEDULE OF SIGN REGULATIONS RELATING TO OFF-PREMISE SIGNS, AND BY ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF SIGN REGULATIONS FOR OFF- PREMISE SIGNS. NOW, THEREFORE, BE IT OR- DAINED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section I. The Schedule of Sign Regula- tions for Off-premise Signs set forth in See- tion 4-3.11 of Appendix A of the City of Dubuque Code of Ordinances (Zoning OnIinance of the City of Dubuque, Iowa) is hereby repealed, and a new Schedule of Sign Regulations for Off-premise Signs, as set forth on Allachment A, is bereby adopted as a part of the Schedule of Sign Regulations forSeetion4-3.1 I of Appendix A of the City of Dubuque Code of OnIinlU!ces (Zoning OnIinance of the City of Dubuque, Iowa). Section 2. The foregoing amendment has been reviewed by the Planning and Zoning Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Hera/dnewspaperthis 26th dayofFebruaty, 1990. Mary A. Davis City Clerk 112/26 Council Member Voetherg moved final adoption of the OnIinance. Seconded by Council Member Deich. Carried by the fol- lowing vote: Yeas-Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Mayor Brady. Communication of City Manager re- questing Council award concession agree- ment at the Nicholas J. Sutlon Swimming Pool 10 Joho Snider, presented and read. Council Member Pratt moved that the com- munication be received and filed and ap. proved. Seconded by Council Member Voetherg. Carried by the following vole, Yeas-Mayor Brady, Council Members Heckmann, Kluesner, Nicholson, Pratt, Voetbcrg. Nays-Council Member Deich. RESOLUTION NO. 62-90 RESCHEDULING THE PUBLIC HEARING ON THE PLANS AND SPECIFICATIONS FOR THE PARK HILL WATER STORAGE TANK. Whereas, on January 15, 1990, the Dubuque City Council adopted Resolution No. 9-90, directing that a public hearing be held on March 5, 1990, on the plans and specifications for theclcaning, repairing and 70 Regular Session, February 19, 1990 painting of the 1.4 MMG Park Hill Water Storage Tank, in Dubuque, Iowa, and authotizing the City Clerk to publish notice thereof; and Whereas, the City Council further directed the City Clerk to advertise for bids for the project, notifying bidders that such bids were due in the City Clerk's office on or hefore 2:00 o'clock p.m. on February 20, 1990, and further notifying bidden that a contract would he awarded at the regular City Council meeting of March 5, 1990, or at such subsequent time as the City Counå1 might determine; and Whereas, the City Council at its meeting of February 5, 1990, cancelled the regular City Council meeting for March 5, 1990; and Whereas, a new public hearing dale should he fixed by the City Council, and notice thereof published in the manner re- quired by law. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCil. OF TIlE CITY OF DUBUQUE, IOWA: Sectloo I. The public hearing previously scheduled for March 5, 1990, on the Plans and Specifications for the Cleaning, Repair- ing and Painting of the 1.4 MMG Park IIil1 Wster Storage Tank is hereby cancelled and rescheduled for Monday, March 19,199O,at 7:30 o'clock p.m. in the Public Ubrsry Auditorium. Sectloo 2. The City Council hereby reaf- firms the deadline for bids for the project previously established as 2:00 o'clock p.m. onFebruary20,199O,atwhichtimeallbids must be received in the City Clerk's office. The City Council further reaffinns that a contract will be awarded at the March 19, 1990, City Council meeting or at soch sub- sequent time as the Council may determine. Passed, ap¡noved and adopted this 19th dayofFehruaty,199O. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Heckmann moved odoption of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of Trilog advising of their selection of Ryan Construction Company as the developer for their new building, presented and read. Council Mem- ber Pratt moved that the communication be received and fùed. Seconded hy Council Memher Voetherg. Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of Ryan ConslrOCtion Company requesting City 10 enterinlo a land sale agreement for Lots 12 and 12A in Dubuque Downlown Pl&7Jl, presented and read. Council Member Pratt moved that the communication he received and fùed and referred to the Meeting of March 12, 1990. Seconded hy Council Memher Voetherg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Vuetherg. Nays-None. Counå1 Memher Voetherg moved that the Corporation Counsel he authorized and directed to institute Eminent Domain Proceedings for properties in the Ice Harbor Urban Renewal DistricL Seconded by Council Member Kluesner. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. John o'Connor spoke on hehalf ofMoIo Companies, requesting City 10 table the m0- tion. Bob Molo, 123 Southem Ave., spoke requesting relocation assistance. An update on hOieI sile plan as submitted by Blue Moon Development/Hard Hat Group was presented by Community Development Director Jim Burke. RESOLUTION NO. 63-90 BE IT RESOLVED BY THE CITY COUNCil. OF THE CITY OF DUBUQUE. lOW A. that the following having complied with the provisions oflaw relating to the sale of Cigarettes within the City of Dubuque, Iowa. be granted a permit to sell Cigarettes and Cigarette Papers within said City. Chi-Chi'sRestaurants, U.S.A. Inc. My-Cap, goo Wacker Drive Passed, ap¡noved and adopted this 19th day of February 1990. James E. Brady Mayor Regular SessIon, February 19, 1990 71 Attest: Maty A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Vuetberg. Nays-None. RESOLUTION NO. 64-90 Whereas, applications for Beer Permits have been submitted and filed 10 this Council for approval and the same have been examined and approved; and Whereas, Thepremises to he occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED BY TIlE CITY COUNCil. OF TIlE CITY OF DUBUQUE, IOWA: That the Manager he authorized 10 cause 10 be issued the following named applicants a Beer PermiL CLASS "B" BEER PERMITS Long John Silver's. 1500 U.K. Rd. (Sunday sales) George Slephenson, Bunker llill Golf Shop, 2200 Bunker llill Rd. (Sunday sales) Rigel Corporation, Godfather's Pizza 1575 J.F.K. (Sunday sales) Kids World Pizza Place and Fun Center, Inc. 3033 Asbury (Sunday sales) Mr.lo'sCOIporation, Shakey's Pizza & Buffe~ 1895 J.F.K. (Suuday sales) CLASS "C" BEER PERMITS l.oren Zilùke, Milk House 2311 Windsor Ave. (Sunday sales) Richard VanGorden, Vango's Amoco 205l.ocust SL (Sunday sales) Brian's Inc., 3305 Asbury Rd. (Sunday sales) Molo Oil Company, Big "10" Mart 2IooJ.F.K. Rd. (Suuday sales) CLASS "BE" BEER PERMIT Nash-Rnch Company, Econofoods *471,3355 J.F.K. (Sunday sales) Passed, approved and adopted this 19th day of February, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member KJuesner. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voctherg. Nays-None. RESOLUTION NO. 65-90 Whereas, applications for Uquor Licen- ses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, The premises to be occupied by such applicants were inspected and found 10 comply with the State Law and all City OnIinances relevant thereto and they have filed proper honds; NOW THEREFORE BE IT RESOLVED BY TIJE CITY COUNCil. OF TIlE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" BEER & LIQUOR LICENSE CHI-CHI'S Restaurants U.S.A., Inc., 800 Wacker Drive (Sunday sales) Apartments Ltd. Corporation, Dubuque Mining Co., Kennedy Mall (Sunday sales) Town Clock Inn, Inc., Town Clock Inn 8th Town Clock Plaza Cue Master Limited, Cue Masler 900 Central (Sunday sales) CLASS "E" LIQUOR LICENSE Dennis A. Althaus, Family Beverage Center, 3400 Central Ave. Passed, approved and adopted this 19th day ofFebruaty, 1990. Attest: Maty A. Davis City Clerk James E. Brady Mayor 72 Regular Session, February 19, 1990 Council Member Pratt moved odoption of the Resolution. Seconded by Council Memher Kluesner. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Joyce Lorenz requesting permanent tnulsfer of Liquor license from Rainbow Lounge to 3203 Jackson SL, presented and read. Council Memher Pratt moved that the transfer he approved. Secouded by Council Memher Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voctherg. Nays-None. MlNlITES SUBMITTED: Civil Scrvice Commission of 12-21; Human Rights Com- mission of 1-8; Trsnsit Trustee Board of 1.1\. presented and read. Council Memher Voetberg moved that the minutes be received and f1led. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. NOTICES OF CLAIMS/SUlTS: Farm Bureau on behalf of their insured, Rose M. Pixler in the amount of SI,334.49 for car damages; Belvedere Finch in unknown amount for personal losses and injuries; Betty March in amount of S21.85 for vehicle damages; Myrt McDonald in amount of S2O7.50 for vehicle damages; Alan Nebal in amount of S613.42 for vehicle damages; Thomas Smith in amount of S31.45 for vehicle damages; R. N. Russo on behalf of Wilma Spear, in amount of S7,5oo.oo for personal injuries; Ron Spillane in amount of S170.oo for car damages; Mayoard Wilhelm in amount of SIO,ooo.oo for personal in- juries; Marian Winner in amount of S5OO.39 for car damages, Robert & Julie Tauke in estimated amount of S2OO.oo for property damages, presented and read. Council Mem- ber Voctherg moved that theclaims and suits he referred to the Legal Staff for investiga- tion and report Seconded by Council Mem- ber Deich. Canied by the following vote: Yeas-Mayor Brady, Council MembeR Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communications of Corporstion Coun- sel odvising claims have been odministra- tively closed or denied forpersonal injury of James J. Klauer, peRonal injury & property damage of Diane TeKippe, pcrSQßal injury ofLarty Langas, car damage of Matt Werth, tire damage of Roger Nemmers, auto damages of John C. Grot john, Craig Wersinger, Mary Ann Reittinger, auto """,," damage ofThomasJ. Smith and sewer back- up of James R. Johnson, presented and read. Council Member Voetberg moved that the communications he received and filed and approved recommendations. Seconded by Council Member Deich. Carried by the fol. lowing vOle: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesnet, Nicholson, Pran, Voctherg. Nays-None. Communication of Corporstion Counsel recommending settlement of sewer backup claim of Charles McCormick in amount of S25.oo and sewer backup claim of Richard & Kathleen Fahey in amount of S40.oo. presented and read. Council Member Voctherg moved that the settlements be ap- proved and Finance Director to issue proper check. Seconded by Council Member Deich. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voctbcrg. Nays-None. Communication of Sandrs Plumley sup- porting improvements at Riverview Park, presented and read. Council Member Voetbcrg moved that the communication he received and f1led. Seconded by Council Memher Deich. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Preof of publication of List of Claims for month of December, 1989, presented and read. Council Member Voetbcrg moved that the proof he received and filed. Seconded by Council Member Doich. Carried by the fol- lowing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager sub- mittingFinanciaiReportsforJanuaty,199O, presented and read. Council Member Voetberg moved that the communication and reports he received and f1led. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Coun- cil MembeR Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of Planning & Zoning Commission odvising of their ap¡noval of plat for Northrsnge ludustrial Park, No.2, presented and read. Council Member Voetherg moved that the communication he received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbcrg. Nays-None. Regular Session, February 19, 1990 73 RESOLUTION NO. 66-90 A RESOLUTION APPROVING THE FINAl. PLAT OF TIffi SUB- DIVISION OF LOT 2 OF NORTHRANGE INDUSTRIAL PARK NO.2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of tbe subdivision of Lot 2 of North range Industrial Park, No.2 in the City of Dubuque, Iowa; and Whereas, said final plat has been ex- amined by the City Planning and Zoning Commission and has its approval endorsed thereon; with the conditions that no further lotsplit of\.ot I, \.ot I of2 and Lot 2 of2 canoccurin an east 10 west direction without improvement and dedication of a platted street to provide public access: and no fur- therlot split of Lot 1 of2 canoccurin a north 10 south direction to minimize the propensity for curb cuts on Pennsylvania Avenue without review by the Planning and Zoning Commission. Whereas, said final plat has been ex- amined by the City Council and the City Council finds that the same conforms 10 statutes and ordinances relating thereto; and Whereas, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOL ¥ED BY TlŒCITY ffiUNCn.. OF TIffi CITY OF DUBUQUE, IOWA: Sect/on 1- That the final plat of the Sub- division of \.ot 2 of Northrange Industrial Park No.2 in the City ofDubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk arc hereby authurized and directed 10 endorse the approval of the City of Dubuque, Iowa upon said final plat, provided that the owner of said property shall execute a written acceptance herelo attached, acknowledging and agreeing: a) No furthcr lot splitof\.ot I, \.ot I of2 and \.ot 2 of 2 can occur, in an east 10 west direction without improvement and dedica- tion of a platted street 10 provide public access: and b) No further lot split of Lot I of 2 can OCCur in a north to south direction to mini- mize the propensity for curb cuts on Pennsylvania Avenue without review by the Planning and Zoning Commission. Section 2. That in the event the owner fails 10 execute the Acceptance provided for in Section I herein within forty-five (45) days after the dale of this Resolution, the provisions herein shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopled this 19th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 66-90 We, the undersigned, Steve Smith and Martha Smith, having read the tenns and conditions of the Resolution No. 66-90 and being familiar with the conditions thereof, hereby accept this same and agree 10 the conditions required therein. Dated in Dubuque, Iowa this 2nd day of April,199O. By: Steve Smith By: Martha Smith Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Memher Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voctberg. Nays-None. Communication of Planning & Zoning Commission advising of their approval of plat for the Archdiocese of Dubuque, presented and read. Council Member Voetberg moved that the communication he received and filed. Seconded by Council Memher Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voctberg. Nays-None. RESOLUTION NO. 67-90 A RESOLUTION APPROVING TIffi FINAL PLAT OF TIffi SUB- DIVISION OF LOT 1-2-1-1-1-1-1-1 OF mE SOUTHWEST 1/4, SEC- TION 1\, TOWNSHIP 88 NORTH, RANGE 2 EAST OF mE FlFllI PRINCIPAL MERIDIAN IN DUBUQUE COUNTY, IOWA. Whereas, there has been f1led with the City Clerk a final plat of the Subdivision of Lot 1-2-1-1-1-1-1-1 of the Southwest 114, Section II, Township 88 North, Range 2 74 Regular SessIon, February 19, 1990 East of the Fifth Principal Meridian in Dubuque County, Iowa; and Whereas, said final plat has been ex- amined by the CityofDubuquePlanning and Zoning Conunission and had its approval eudorsed thereon; and Whereas, said final plat has been ex- amined by the City Council and the City Council fiuds that the same conforms to the statutes and ordinances relating tbcrelo. NOW, THEREFORE, BE IT RESOLVED BY TIIECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the final plat of the Sub- divisiooofLot 1-2-1-1-1-1-1-1 of the South- west 1/4, Section 11, Township 88 North, Range 2 East of the Fifth Principal Meridian in Dubuque County be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City ofDuhoque, Iowa upon said final piaL Passed, approved and adopted this 19th day ofFebruaty, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Memher Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of City Manager re- questing approval of an application, by a private developer, to the Iowa Finance Authotity for development of low-iocome housing, presented and read. Council Mem- ber Voetbcrg moved that the communicatioo be received and filed. Seconded by Council Memher Deich. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. RESOLUTION NO. 6g.90 A RESOLUTION SUPPORTING APPLICATION OF TIIE BISSEL SQUARE DEVELOPMENT GROUP FOR FUNDING UNDER THE IOWA FINANCE AUTIlOR- ITY'S HOUSING ASSISTANCE FUND PROGRAM. Whereas, the City of Dubuque recog. nizes the continuing unmet need for provision of assisted housing 10 the City's qnalifying lower-income households; and Whereas, the Iowa FinanceAuthority has made available funds 10 assist cities and private developers 10 create odditionallow. income housing; and Whereas, the Bisse1 Square Develop- ment Group has approached the City with a proposal 10 create 18 urtits of low-iocome housing for elderly and family households, and has asked that the City be the local housing sponsor of a proposal for funding to the Iowa Finance Authority. NOW, THEREFORE, BE IT RESOLVED BY TIIECITY COUNCIL OF TIIE CITY OF DUBUQUE, lOW A: Section I. That the City of Dubuque as the local housing sponsor hereby officially expresses support for the Bissel Square Development Group's application to the Iowa Finance Authority for low-income housing development assistance. Section 2. That the City Clerk is hereby authorized and directed to transmit a cer- tified copy of this Resolution to the Iowa Finance Authotity on hehalf of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of February, 1990. James E. Brady Mayor Anest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tionoftheResolution. SccondedbyCouncil Member Dolch. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran, Voetherg. Nays-None. Communication of Attorney Stephen Juergens, representing Dubuque Policemen's PrOIective Association, advis- ing of happenings between City and Association, presented and read. Council Member Voetherg moved that the com- munication he received and filed. Seconded by Council Member Deich. Canied by the following vote: Yeas-Mayor Brsdy, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communications of Dubuque Area Writers' Guild, Dubuque Fine Arts Players, Dubuque Museum of Art and Dubuque Art Association, Mental Health Center, Loras College, Mr. Pleasant Home and Windsor Regular Session, February 19, 1990 Park Retirement Apartments, Kenneth W. Furs~ Handicapped Persons, Inc., Land of Festivals, Inc., and DubuqueFest requesting use of Community Development Block Grant Funds 10 the Dubuque Museumof Art, presented and read. Council Member Voetherg moved that the communications he referred 10 BudgeL Seconded by Council Memher Deich. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran, Voetherg. Nays-None. Communication of City Manager sub- mitting brief sununary of a public informa- tion meeting conducted on the Fiscal Year 1991 City hodge~ presented and read. Coun- cil Member Voetberg moved that the com- municatiou he received and filed. Seconded by Council Member Doich. Carried by the following vote: Yeas-Mayor Brady,Coun- cil Memhers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Communication of City Manager re- questing the designation of the Deputy Finance Director be the official of the City authorized 10 execute transactions 10 par- ticipate in the Iowa Trus~ presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Doich. Car- ried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 69-90 A RESOLUTION AUTHORIZING THE CITY OF DUBUQUE TO JOIN WITH OTHER PUBLIC ENTITIES AS A PARTICIPANT IN THE IOWA TRUST FOR POOLING OF MONIES FOR INVESTMENT. Whereas, the City ofDubuque is a politi- cal subdivision organized and existing under the Constitution and laws of the State of Iowa; and Whereas, pursuant to the provisions of the Code ofIowa, any county, city, or other political subdivision of the State ofIowa, or any departmen~ agency, or instrumentality thereof, or any political or public corpora- tioo thereofis authorized to pool any monies in the treasury of such public entity which are tIOtimmediatelyrequired 10 be disbursed with the same such monies in the treasury of any other public entity in order 10 talœ ad- vantage of permitted investments and maximize net interest earnings: and Whereas, the Iowa Trust is a trust formed pursuant to an Indenture of Trust under the laws of the State ofIowa, for the purpose of investing, pooling for investment, and protecting public funds; and Whereas, the City of Dubuque desires 10 be a Participant in the Iowa Trust in accord- ance with the teons and provisions of the Indenture; NOW, THEREFORE. BE IT RESOLVED BY TIŒCJTY COUNCIL OF THE CITY OF DUBUQUE, AS FOLLOWS: 1. That the City of Duhoque hereby ap- proves and adopts, and thereby joins as a Participant with other public entities in the Iowa Trust pursuant to and in acconlance with the Indenture, the terms of which are incorporated herein in their entirety by this reference and a copy of which shall be filed with the minutes of the meeting at which this resolution was adopted: and 2. That the Doputy Finance Director, who is the official empowered 10 invest the funds of the City ofDubuque, is hereby designated the "Authorized Represcntative" as that tenD is defined in the Indcnture, and as such is hereby designated as the City of Dubuque's official representative to the Trust and shall serve as a member of the Board of Supervisors of the Trust and is hereby authorized and directed to execute the indenture of Trust and such other docu- ments as are requited and 10 serve as a mem- ber of the Board ofTrustees if elected by the Snpervisory Board; and 3. That the "Authorized Representative" designated in Section 2 is hereby authorized 10 invest from time to time the monies in the City of Dubuque's treasury, which are not immediately required 10 be disbursed, in the Trust by purchasing Shares in the Trust from time 10 time with available funds, and to redcemsomeor all of those Shares from time 10 time as funds are needed for other pur- poses; and 4. That the Board ofTrustees of the Trust, or their successors in function, is hereby designated as the official cuslodian of such funds as are deposited in the Trust hy the City of Dubuque during such time or times as funds may be on deposit with the Trust. Passed, approved and adopted this 19th day ofFchruaty, 1990. lames E. Brady Mayor 75 76 Regular SessIon, February 19, 1990 Attest: Maty A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Counå1 Memher Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran, Voctberg. Nays-None. Commonication of City Manager sub- mitting applications for residential property tax exemptions filed uuder the Dubuque Urban Revitalization Progrsm and request- ing approval, presented and read. Council Member Voetberg moved that the com- munication be received and filed. Seconded by Council Member Deich. Canied by the following vote: Y cas-Mayor Brady, Coun- cil Memhers Deich, Heckmann, Kluesner, Nicholson, Pran, Voctherg. Nays-None. RESOLUTION NO. 70-90 A RESOLUTION AUTHORIZING RESIDENTIAl. PROPERTY TAX EXEMPTION APPLICATIONS, SUBMITTED BY PROPERTY OWNERS IN THE JACKSON PARK, WEST ELEVENTH STREET, WASHINGTON STREET AND WINDSOR PARK URBAN REVITALIZATION AREAS, AND AUTHORIZING THE TRANSMIT- TAL OF THE APPROVED AP- PLICATIONS TO TIlE CITY TAX ASSESSOR. Whereas, the Urban Revitalization Act, as enacted by the 68th General Assembly of the State of Iowa. allows cities to give property tax exemptions for improvements made to properties in a designated revitalization area; and Whereas. the Urban Revitalization Act requires each property owner to submit a written exemption application by February I of the assessment year for which the ex- emption is first claimed, and furtherrequires the governing body of the City Ioapprove all applications that meet the requirements of the adopted Urban Revitalization Plan and forwaro the approved applications 10 the local assessor for review by March I of each year; and Whereas, pursuant 10 the requirements of said Urban Revitalization Act, City Or- dinances 74-80, 15-81, 40-81 and 296-89 established the Jackson Park, West Eleventh S<reet, Washington S<reet and Windsor Park Urban Revitalization Areas, respoctively; and ..." . Whereas, the City Clerk of the City of Dubuque, as ofFebruaty I, 1990, received tax exemption applications from owners of property as follows: Maiers and Schmin Apartments for im- provements st 1293-95-97 Bluff: David Stuart for improvements at 1492 J.ocust; Kevin Fagan for improvements at 235-37 E. 14th SL; Roman Ciapalo for improvements at 1209 Highland Place: Leslie Furuseth for improvements at 1075 Walnut; Douglas Spyrison for improvements at 1295 Grove Tenace; John E. Whalen for improvements at 1245 Ilighland Place: Sue Wilke for im- provements at 1083 Grove Terrace; Windsor Pari< Retirement Center for improvements at 801 Davis at Windsor; and Whereas, Staff of the City's Planning Services Division has reviewed the above- described applications and inspected the properties, and has determined that the ap- plications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plan. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OFDUBUQUE,IOWA: Section I. That the ahove-described tax exemption applications meet all require- ments of the City of Dubuque's Urban Revitalization Plan. Section 1. That the ahove-described tax exemption applications are hereby approved by the City Council, subject to the review and the approval of the City Assessor. SectIon 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the ahove-described tax exemption applica- tions to the City Assessor. Passed, approved and adopted this 19th day of February, 1990. James E. Brady Mayor Ane5l: Mary A. Davis City Clerk Council Memher Voctberg moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pran, Voetherg. Nays-None. Communication of City Managerrecom- mending acceptance of the contract for the guniting of the West J.ocust S<reet storm sewer from Main S<reet 10 approx. 400 feet Regular Session, February 19, 1990 77 west of Kirkwood, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Deich. Car- ried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. RESOLUTION NO. 71.90 ACCEPTING IMPROVEMENT Whereas, the contract for the West Locust Street Storm Sewer has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according 10 the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BYTIIECITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA, thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTIIERRESOLVED that the City Treasurer he and he is hereby directed 10 pay to tbe conlractor from the General Obligation Bonds in amount equal 10 the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 19th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voctberg moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voctberg, Nays-None. RESOLUTION NO. 72-90 FINAL ESTIMA1E Whereas, the contract for the West Locust Street Slorm Sewer Rehabilitation has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspoction and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the cost of said improve- ment is hereby determined to be $202,408.54 and the said amount shall be paid from the General Obligation Bonds of the City of Dubuque, lows. Passed, approved and adopted this 19th dayofFchruaty,199O. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Voctberg moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner. Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager re- questing approval of conlracts with Iowa Department of Public Health for funding of local AIDS Education and preventative health programs through the Dubuque Regional AIDS Coalition and the City's Health Services Division. presented and read. Council Member Voctberg moved that the communication he received and filed. Seconded by Council Member Deich. Car- ried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. RESOLUTION NO. 73.90 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN TWO (2) CONTRACfS WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING OF LOCAL AIDS PREVENTATIVE HEALTH AND AIDS COALITION PROGRAMS. Whereas, the Iowa Department of Pub lie Health has offered 10 provide financial sup- port for local AIDS Preventative Health and Education Programs in the City ofDubuquc: and Whereas, the City of Dubuque desires 10 establish and maintain such local AIDS Preventative Health and Education Programs: and Whereas, the Iowa Department of Public Health has presented the City Health Ser- vices Division proposed conlracts for fund- ing, a copy of which is attached hcrelo. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 78 Regular Session, February 19, 1990 HEALTH OF TilE CITY OF DUBUQUE, IOWA: Section I. That the City of Dubuque, Iowa. hereby approves the attached AIDS Preventative Health Conlnlct and AIDS Coalition contract hetween the Iowa Depart- ment of Public Health and the City of Dubuque, Iowa. Section 2. That the City Manager or his designee is hereby authorized and directed to execute the contract on behalf of the City ofDubuque,lowa. Passed, approved and adopted this 19th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Memher Voetberg moved adop- tion of the Resolution. Scconded by Council Memher Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. There being no further business, Council Member Voctberg moved to adjourn the meeting. Seconded by Council Member Pran. Carried by the following vOle: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Vootberg. Nays-None. Meeting adjourned atl1:49p.m Mary A. Davis City Clerk " ,;I 1990 Approved. , ",', ,1990" "", .' Adoptad, , , / ¡e"- /) "f-1 "j~ , < _MaYor', , :;.~/~/ ' I j '" ,f. , " '",. . ' C."/ I 1. I /;:'.'â'<::l, '" !,. ""'" , ------L.L... -:,~'/~ - // /" ,.' , /<'- /~¿~:~~~~,<,~:~c_-'- '------" Council Members Attest: / ? ",. ! City Clerk :-'. ,¡ Special Session, February 27,1990 79 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Scssion, February 27, 1990. Council met at 7:30 p.m., Public Ubrary Auditorium Present: Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Vootberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barty A. Lindahl. Mayor Brady read the call and stated this is a Sperial Session of the City Council called for the purpose to conduct a Public Hesring on the 1991 Fiscal Year City of Dubuque Budgetandacting upon such other business which may properly come hefore the Council. Communication of City Manager re- questing approval of a Lease Agreement hetwecn the City and the Dubuque Racing Association, LTD, for the lease of City propeny and set matter for public hesring, presented and read. Council Member Voot- berg moved that the commnnication he received and filed. Seconded by Council Mcmber Nicholson. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Delch, Heckmann, Klnesner, Nicholson, Prat~ Vootberg. Nays-None. RESOLUTION NO. 74.90 APPROVING A LEASE AGREE- MENT BETWEEN TIm CITY OF DUBUQUE, IOWA, AND THE DUBUQUE RACING ASSOCIA- TION, LID., FOR TIm LEASE OF CITY PROPERTY FOR THE DUBUQUE GREYHOUND PARK AND FOR PARKING AND DOCK FACILITIES IN THE ICE HARBOR FOR RIVER BOAT GAMBLING. Whereas, the City of Dubuque intends to enter into a Lease Agreement between the City and Dubuque Racing Association, Ltd., for the lease of City propeny for Dubuque Greyhound Park and for parking and dock facilities in the Ice Harbor for river boat gambling; and Whereas, the City Council of thc City of Dubuque, Iowa. has reviewed the Lease Agreement and in1cnds to approve it and authorize the execution thereof. NOW, THEREFORE, BE IT RESOLVED BYTIIECITY COUNCn. OF TIlE CITY OF DUBUQUE, IOWA: SectIon 1. The Lease Agreement be- tween the City ofDubuque and the Dubuque Racing Association, Ltd., a copy of which is now on me with the City Clerk, is hereby approved, subject to final determination af1cr public hesring. Section 2. A public hearing on the Lease Agreement is bereby set for the 19th day of March, 199O,7:30p.m. at the Public Ubrary Auditorium, J 1Ih and Locust Streets, Dubuque, Iowa 52001, after which the City Council may make a final de1crntination to approve the Lease Agreement. SectIon 3. The City Clerk is hereby authorized and directed to publish notice of this Resolution and of the date, time and place of the public hesring. Passed. approved and adop1cd this 27th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Vootherg moved adop- tion of the Resolution and set it for Hearing on March 19, ]990 and the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. An Ordinance Amending Code of Ordinances, by revising Appendix A there- of, by enacting new Sections 3-1.6O4(g), Section 3-3.8O4(g), Section 3-4.3O4(g) and Section 3-5.2D4(g) 10 provide for a fee for an Amcuded Conceptual Development Plan for the PR Planned Residential District, PC Planned Commercial District, PI Planned Industrial District and ID Institutional District, presented and read. Council Member Kluesner moved that this be considered the fmt reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings priorlothemeetingatwhichitis to be finally adopted be suspended and furth., moved -. 80 Special SessIon, February 27, 1990 that a Public Hearing be held on March 19, 1990 at 7:30 p.m. in the Public Ubrsry Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member PratL Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Preof of Publication, certified 10 by the Publisher, on Notice of Public Hearing on budget for City of Dubuque. Iowa, for Fiscal Year 1991; ProofofPublication, certified to by the Publisher, on Notice of Public Hear- ing on the Five Year Capital Improvement Program covering the Fiscal Years begin- ning July 1. 1990. through the Fiscal Year beginning July I, 1994, and Proof ofpubli- cation, certified to by the Publisher, on Notice of Public Hearing for the purpose of obtaining the views of residents of the City on Community Development and Housing needs, presented and read, Council Member Pratt moved that the proofs of publication he received and filed. Seconded by Council Memher Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson. Pratt, Voetberg, Nays-None. Communication of Carrie Schrup, Leiss Barklow, Linda Claussen, Judi Tabarel, Donald Gagne, Carolyn Dausener, Sharon Krapf!, Cheryl Falb, Lynette Howe, Margaret Douglas, Ruth Nash, Bonnie Spahn, Carrie Bleile, Elisha Darlin, Mrs. Libby Schmid, Katherine Stevens, Wayne Norman, Jr., David Schmitz, Sharon Brookens, Jerry Enzler, Timothy Conlon, Bob Woodward, Jr., Doug Donald, Richard Robertson, Laura Hamilton and Nicholas J. Sehrup III requesting funding from Com- munity Development Block Grant Funds 10 make the Dubuque Museum of Art hand- icapped accessible, presented and read. Council Member Pratt moved that the com- munications be received and filed. Seconded by Council Member Voctherg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition containing 594 signatures sup- porting the Dubuque Museum of Art and its efforts in requesting Community Develop- ment Block Grant Funds as well as other means of funding from the City for the in- stallation of a handicapped accessible rsmp, reslroom and elevator, presented and read. Council Member Pratt moved that the peti. tion he received and filed. Seconded by Council Memher Voetberg. Carried by the following vote: Yeas-Mayor Brady, "'" Council Members Deich. Heckmann Kluesner, Nicholson. Prall, Voetbcrg: Nays-None. Council Member Pratt moved to suspend the rules to allow anyone prescnt to address the Council if they so desire. Seconded by Council Member Voetherg. Canied by the following vote: Yeas-MayorBrady,Coun- cil Memhers Deich, Heckmann, Kluesner. Nicholson. Pran, Voetberg. Nays-None. Anorncy Steve Juergens on behalf of the Policemen's Assn. spoke to the maller regarding eliminating Sergeants in the Police DcpL and replacing with Lieutenants, as did Pat Dillon, Pres. of UA W Local 94. and Frsncis Giunta. Fred Vorwald and Gary Heiar objected to the STOP Prngram. Comments as to other City departments; None. Randy Lengeling requested Community Development Block Grant Funds for Dubuque Museum of Art. Chuck Isenhart urged reconsideration of $1.00 extra fee on refuse collection billing, Another citizen objected 10 "no bum;ng" han. . Ken Fuers~ 101 Summer Sl., requested funding for Museum of Art. Capital Improvement Projects Budget No comments. Council Member Pratt moved to approve consensus items with Budget, those being: I. Approve Forwarding a letter 10 the County Bd. of Supervisors regarding request for funding of DARE position; 2. Add microcomputer request into budget in amount of $2817 expenditure; 3. Approve forwarding letter 10 County Bd. of Super- visors supporting salary increase for Dis- aster Services Director; 4. Increase refuse fees from $4.50 10 $6.00 per month for ad- ditional revenue in amount of $223,000.00. 5. Provide a salary of $61,500 for the City Manager, 6. Provide the same salary adjust- ment for the City Clerk as other non-union employees; 7. Provide a salary of $50,000 for the Corporation Counsel: 8. Maintain same relationship of Assistants to Corpora- tion Counsel (sum equals Corporation Counsel salary): 9. Increase purehase of service amount for GDDC to $60,000; 10. Increase purehase of services amount for Main S~, Ltd. to $45,000; 11. Offset these Special SesSIon, February 27,1990 81 increases by reductions in other block grant funded capital projects. Property tax impact being: (a) An in- crease of $5981 in property tax requires an odditional $.0064 on the tax rate; (b) the new tax rate would he $12,2660 which is 4.9% more than FY 90; (c) The impact on residential property would be +3.8% and on commercial and iudustrial property +4.9%. Seconded by Council Member Voetherg. Carried by the following vote: Yeas- Mayor Brady, Council Members Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Member Deich. Council Member Pratt moved to amend the budget in sueh a manner as to create the position of seven Police lieutenants, and to transitnalize the sergeants in such a way that those sergeant positions which become lieutenants arc eliminated and that those ser- geants who arc not promoted maintain their rank in pay until such time as they retire, leave or arc promoted. (Intent of Motion: There will be no demotions from rank of sergeants or pay to those sergeants who are not promoted. Seconded by Council Mem- her Nicholson. Carried by the following vOle: Yeas-Mayor Brady, Council Mem- bers Heckmann, Kluesner, Nicholson, Prat~ Voctberg. Nays-Council Member Dcich. Council Member Heckmann moved that they remove the (Nevins) Pay Study, and do not adopt or utilize it ever. Seconded by Council Member Deieh. Vote on the motion was as follows: Yeas-Mayor Brady,Coun- cil Memhers Deich, Heckmann. Nays- Council Members Pratt, Voetberg, Kluesner, Nicholson. Motion failed 4-3. RESOLUTION NO. 75-90 A RESOLUTION ADOPTING THE ANNUAL BUDGET AS AMENDED FOR THE FISCAL YEAR ENDING JUNE 30, 1991. NOW, THEREFORE, BE IT RESOLVED BY TIfE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the annual budget as amended for the fiscal year enmng June 30, 1991, as set forth in the Budget Summaty Certificate and in the detailed budget in sup- port thereof showing the revenue estimates and appropriation expenditures and alloca- tions 10 programs and activities for said fis- cal year is adopted, and the City Clerk is mrected 10 make the fùings required by law and to set up the books in accordance with the summaty and details as adopted. Passed, approved and adopted this 27th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Council Member Pratt moved odoption of the Resolution, as amended. Seconded by Council Memher Voetherg. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Heckmann, Kluesner, Nicholson, Pran, Voetbcrg. Nays-Council Memher Dcich. RESOLUTION NO. 76-90 ADOPTION OF FIVE YEARCAPI- TAl. IMPROVEMENTPROGRAM. Whereas, a recommended five year Capital Improvement Program for the period heginning July I, 1990 and enmng June 30, 1995 for the City of Dubuque has becn prepated and submined 10 the City Council: and Whereas, the five year Capital Improve- mentProgram: (I)dcscribes specific capital improvement projects: (2) provides estimated costs for those projects; (3) proposes sources of funds for each of them; and (4) schedules the yearduring which each project will he undertaken: and Whereas, the capital improvement projects for the first year arc included in the Fiscal Year 1991 budget for the City of Dubuque; and Whereas, the five year Capital Improve- ment Program will he reconsidered ann uall y by the City Council and appropriately revised; and Whereas, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the hest interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the five year Capital Improvement Program for the period begin- ningJuly 1,1990assetoutin the Fiscal Year 1991-1995Recommended Capital Improve- ment Budgetas amended is hereby approved and adopted as the proposed allocation of the City resources for capital improvements as scheduled in the years shown, subject to annnal review and revision. SpecIal Session, February 27, 1990 specIal Session, February 27,1990 NOW, THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A; Section I. Section 23-31 of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. 83 82 (4) For return transporlation within four (4) hours of transportation provided under parsgraph (1) or paragraph (2) above, the charge shall be forty (40) percent of the schedule charge. Whereas, the enabling ordinance specifies that the PCU value for each medi- cal procedure and service shall he estAb- lished from time to time by the City Manager and approved by the City Council byresolu- tion. Passed, approved and adopted this 27th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved odoptioo of the Resolution. Seconded by Council Memher Voetherg. Canied by the following vOle: Yeas-Mayor Brady, Council Mem- bers Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-Council Member Dcich. An Ordinance amending Code of Ordinances by odopting in lieu thereof, a new Section 3&-3I(a) providing for a Ser- vice Charge for Police Assistance inopcning vehicles or structures, presented and read. Cooncil Memher Kluesner moved that this he considered the first reading of the OnIinance and that the rules be waived re- quiring that an OnIinance he presented and read at two meetings prior to the meeting at which there is 10 he final action, and further moved final adoption of the Ordinance. Seconded by Council MemherPratL VOle on the motion was as follows: Yeas-Council Members Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Mayor Brady, Council Member Deich. Motion failed due to lack of 3/4 vole. Council Member Voetberg moved that this he considered the fIrst reading of the Ordinance. Seconded by Council Memher Pratt. Carried by the following vote: Yeas- Council Members Heckmann, Kluesner, Nieholson, Pratt, Voetherg. Nays-Mayor Brady, Council Member Dcich. An Ordinance Amending the Code of Ordinances, City of Dubuque, Iowa. by repealing Section 23-31, Establishing Rates for City Ambulance Service, and Adopting in lieu thereof a new Section 23-31, estab- lishing rales for City Ambulance Service, presented aud read. Sectioo 3. This Ordinance shall take effect on July 1,1990. NOW, THEREFORE, BE IT RESOLVED BY TIIECITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 2. The following new Section 23- 31 is hereby adopted: Section 23-31. Rates. EstAblished. There is bereby established the following schedule of rateS and charges for the City ambulance service: Passed, approved and adopted this 27th day of February, 1990. James E. Brady Mayor Section I. That the attached schedule of Patient Care Unit (PCU) values for the pro- cedures and services provided by the City ambulance service are hereby approved ef- fectiveJuly I, 1990. Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of March, 1990. (I) For transporting one person from any point within the city limits to any other point within the city limits: a. A base rate of$75.oo; and b. In addition to tbe base rate, there shall hea$70.ooPatientCare Unit(pcU) rate used to compule charges for services rendered. One PC unit is equal 10 one hour of paticnt care. pcu's shall be broken down inlo six-minute increments with 0.1 PCU representing six minuteS or one-tenth (1/10) of one hour of patient care. Each procedure and/or service provided by the City ambulance service shall he assigned a PCU value. c. The PCU valne for each medical procedure and/or service shall he estab- lished from time to time by the City Manager and approved by City Council Resolution. (2) For transporting one person from any point outside the city limits 10 any point within the city limits or to any point outside the city limits from any point within the city limits, the rate shall he as set forth in para- graph (I), plus a thirty-live dollar ($35.00) surcharge, plus ooe dollar ($1.00) per load mile per trip. The surcharge shall not apply to residents of the city. (3) For responding 10 calls where emer- gency medical care is provided, but transportation is not required, or snch transportation is refused: a. Service provided within the city limits shall be the patient care uuit charge based upon the procedures and/or service provided. b. Service provided outside the city limits shall be $75.00 per person plus the patient care unit charges based upon the procedure and/or service provided. Passed, approved and adopted this 27th day of February, 1990. James E. Brady Mayor Maty A. Davis City Clerk Attest: Maty A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Memher Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Memhers Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Member Deich. It 319 Council Member Heckmann moved that this be considered the lirst reading of the Onlinance and that the rules be waived re- quiring that an Ordinance he presented and read at two meetings prior to the meeting at which there is 10 be final action, and further moved final adoption of the Ordinance. Seconded by Council Memher Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Heck- mann, Kluesner, Nicholson, Pratt, Voetherg. Nays-Council Member Deich. An OnIinance Amending Code of Or- dinances, City ofDubuque. Iowa. by repeal- ing Section 44-83, Establishing Sewer Service Charges and adopting in lieu thereof a new Section 44-83, Establishing Sewer Service Charges, presented and filed. RESOLUTION NO. 77-90 A RESOLUTION ESTABLISHING PATIENT CARE UNIT (PCU) VALUES FOR TIlE MEDICAL PROCEDURES AND SERVICES PROVIDED BY ITIE DUBUQUE FIRE DEPARTMENT AM- BULANCE SERVICE (OFFICIAl. PUBLICATION) ORDINANCE NO. 16-90 AN ORDNANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEAl.ING SECTION 44-83, ES- TABLISHING SEWER SERVICE CHARGES AND ADOPTING IN LIEU THEREOF A NEW SECfION 44-83, ESTABLISHING SEWER SERVICE CHARGES. Whereas, the City ofDubuque, Iowa. bas established an ambulance fee schedule based upon a base rate and the cost of actual ser- vices provided and time coosumed in patient care; and (OFFICIAl. PUBLICATION) ORDINANCE NO. 15-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEAl.ING SECTION 23-31. ES- TABLISHING RATES FOR CITY AMBULANCE SERVICE, AND ADOPTING IN LIEU ITIEREOF A NEW SECTION 23-31, ESTAB. LISHING RATES FOR CITY AMBULANCE SERVICE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, the base rate has been estab- lished at $75.00 and a $70.00 Patient Care Unit(PCU) rate has been established tocom- pute charges for services rendered; and Whereas, one PCU is equal to one hour of patient care and is bruken down into sis minute increments with 0.1 PCU repre- senting six minutes or one-tenth of an hour, and Section I. The Code of Ordinances, City of Dubuque, Iowa, is hereby amended by repealing Section 36-56. Sectlon2. The Code of Ordinances, City of Dubuque, Iowa. is amended by adopting the following new Section 44-83: 84 specIal SessIon, February 27, 1990 Section 44-83. Established. (a) Commencing with all billings on and after July I, 1990, contributors whose property lies within the corpora'" limits of the city, except as otherwise provided in this division, shall pay 10 the city through its collection agent at its office at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: (I) Basic Charges. The sewer rates and charges shall he based on the quantity of water used on orin the property orpremises. For all customerS utililing sewer service, bills will be issued on estimated consump- tion. For estimated billings, either on alter- nate months, or when a reading on a water meter is not obtainable for any reason, con- sumption will he predicated on the montlùy average of the past usage for the metered accounL For estimated bills issued for an account in which historical data is not avail- able, billing will he predicated on the mini- mum charge and related consumption identified in subsection (c)(1) for the size of the water meter in service for the particular sccounL (2) Schedule of Ra"'s. Rates per each 100 cubicfeet is $1.47. (3) Service Charge: (a) When a pucel ofreal estate, property or building, discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division and the water used thereon or therein is not ac- ceptable to the city, theamountof water used shall be determined by the city in such s manner as the City Manager may elect 10 establish the rate of charge as provided in this division, or the ownerorotherin_sted parties at their expenses, may install and maintain a meter acceptable 10 the city for said purposes. (b) When a puce! of real estate, property or building, discharging sanitary sewage, industrial wastes, water or other approved waste, either direetly or indirectly inlo the city's sanitary sewer system. is a user of water supplied hy the city water division and in addition uses water from another source which is not measured by s water meter or is measured by s water meter not acceptable to the city, the amount of water used shall he determined hy the city in such s manner as the city manager may elect in order to establish the rate of charge as provided in this division, or the owner or otherinterested parties at their expense may install and main- tain a meter acceptable 10 the city for said purposes. (c) Wben a parcel of real esta"', property or building, discharging sanitary sewage, industrial wastos, water or other approved waste either directly or indirectly into the city's sanitary sewer sys",m, is not a user of water supplied by the city water division, the amount of sanitary sewage, industrial was- tes, water or other approved waste dis- charged inlo the sanitary sewer system shall he determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this division, or the owner or other in _sted parties at their expense, may install and maintain a sewage meter acceptable to the city for said purposes. (d) The City Council may, in its discre- tion, when applicable, permit connection to the city sanitary sewer sys",m of properties located outside the corpora'" limits upon such terms and conditions as it may estab- lish; provided, however, that such termS shall not he more favorable to such property than rates herein established for city users. (e) In order that the rates and charges may he modestly and equitably adjusted to the service rendered, the city shall have tbe right to base its charges not only on volume, but alsoon the strength and character of the user. The city shall have the right 10 measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the city's sanitary sewage system. in such manner and by such methods as it may deem prscticable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with users on an individual ac- count basis when concentration of the sewage exceeds three hundred (300) mil- ligrams per li",r of biochemical oxygen demand, three hundred fifty (350) mil- ligrams per liter of suspeuded solids or two (2) percent or more of the flow rate into the sewage treatment planL (f) The rates and charges may he billed the tenant and tenants occupying the proper- ties served, unless otberwise requested in writing by the owners, but such billings shall in no way relieve the owner from liability in the event payment is not made as required in this division. SpecIal SessIon, February 27,1990 85 (g) Where the quantity of water con- sumed is such that the minimum service is charged, the minimumsewer service charge, accmding to the size of the meter, shall be as follows: Meter Size (Inches) 518 3/4 1 11/4 11(2 2 3 4 6 8 Minimum Allowance Charge (Cubic Feet) $ 294 11.76 19.11 30.87 38.22 67.62 155.82 246.96 540.96 918.75 200 800 1,300 2,100 2,600 4,600 10,600 16,goo 36,800 62,500 Sed!oo 3. This Ordinance shall take effect on July 1,1990. Passed, approved and adopted this 27th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of March, 1990. Mary A. Davis City Clerk 113/14 Council Member Heckmann moved that this he considered the first reading of the OnIinance and that the rules he waived re- quiring that an OnIinance he presented and read at two meetings prior to the meeting at which there is to be fmal action, and further moved final adoption of the Ordinance. Seconded by Council Member PralL Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Code of Ordinances, City of Dubuque, Iowa by repealing Section 44-201, Fixing Water Rates for Residential, Commercial, and Industrial Uses, and Adopting in lieu there- of, a new Section 44-201, Fixing Water Rates for Residential, Commercial and Industrial Uses, presented and read. (OFFICIAl. PUBLICATION) ORDINANCE NO. 17.90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 44-201, FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAl., AND INDUSTRIAl. USES, AND ADOPTING IN LIEU THEREOF, A NEW SECfION 44-201, FIXING WATER RATES FOR RESIDEN- TIAL, COMMERCIAL, AND INDUSTRIAl. USES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sed!oo I. The Code of Ordinances, City of Dubuque, Iowa, is ameuded by repealing Section 44-201, Residential, Commercial, and Iudustrial Uses. Sedloo 2. The following new Section 44-201 is herehy adopted; Section 44-201. Residential, Commer- cial, and Industrial Uses. (a) Commencing with all billings on and after July I, 1990, the rates 10 he charged for waterforresidential, commercial, industrial, and other uses and purposes by any person, fum or corporation supplied water within the City shall be fixed and determined as follows: (I) Water rates for users within the City whose meters are read montlùy shall he as follows: Consumption Charge Per Hundred Cubic Feet First 3,000 Next 12,000 Next 35,000 Next 50,000 Over 100,000 $1.31 1.08 0.98 0.88 0.76 The minimum monthly charge according to the sire of the meters shall he as follows: Meter Size Minimum Allowance (Inches) Charge (Cubic Feet) 518 $ 262 200 3/4 10.48 800 I 17.03 1,300 11/4 27.51 2,100 I 1(2 34.06 2,600 2 56.58 4,600 3 121.38 10,600 4 186.54 16,800 6 382.54 36,800 8 621.90 62,500 (b) Commencing with all bi11ings on and after July 1,1990, the rates 10 be charged for 86 Special Session, February 27, 1990 water supplied by the City Water Division 10 residential, commercial, industria\. and other uses and purposes by any person, firm or corporation, outside the corporation limits of the City ofDubuque, Iowa, shall heat one hundred fiftypcreent (150%) of the rates set furth in paragraph (a)(I). (c) For all me_in service, bills will he issued montlùy. When a meter is not read monthly for any reason, bills will be issued on estimated consumption. For estimated billings, either on alternate months or when readings are not obtainable for any reason, consumption will be predicated on montlùy average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified for the size of the meter in service for particular accounL (d) Adjustments fmm estimated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the user's next regular bill. Section 3. This OnIinance shall take efrectonJulyl,199O. Passed, approved and adopted this 27th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of March, 1990. Mary A. Davis City Clerk It 3114 Council Member Heckmann moved that this he considered the first reading of the OnIinance and that the rules be waived re- quiring that an Ordinance be presented and read at two meetings prior 10 the meeting at which there is to he final action, and further moved final odoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Code of Or- dinances, City ofDubuque, Iowa, by repca1- ing Section 17-36 relating to City Refuse Collection Rates and by odopting a new Section 17-36inlieu thereof relating to City Refuse Collection Rates, presented and read. <if,'"' (OFFICIAL PUBLICATION) ORDINANCE NO. 18-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OFDUBUQUE, IOWA BY REPEALING SECTION 17-36 RELATlNlJ TO CITY REFUSE COLLECTION RATES AND BY ADOPTING A NEW SECTION 17- 36 RELATING TO CITY REFUSE COLLECTION RATES. NOW, THEREFORE, BE IT OR- DAINED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1, That the Code of OnIinances of the City ofDubuque, Iowa he amended by repealing Section 17-36. Section 2. That the Code of Ordinances of the City ofDubuque, Iowa he amended he odopting the following new Section 17-36. Section 17-36. Charges-Amounts; Exceptions (a) Class I premises. Except as qualified below, a fee of six dollars ($6.00) per month shall be charged by the City and collected from each property owner of a class I premises for such services effective July I, 1990. Said charges or fee shall be in payment for collection and disposal of garbage and refuse as defined. Exceptions to the collec- tion charges for class I premises are as follows: (I) Whensclasslprentiseshasbecn vacant for a period of three (3) consecu- tive months or longer, the owner may apply for s credit uader procedures to he eslablished by the City Manager. Such exemptions shall continue only so long as the class I premises is vacanL (2) Class I premises when the head of the household is sixty-five (65) years or older and with a per family income of eleven thousand two hundred fifty dol- lars ($II,250)orless, may, uponapplica- tion be exempted from one-half the established collection charge. Sub- sequent to initial application and eligibility, annnal application must he made on July first of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship, the City Manager may, and is hereby authorized and empowered 10, make adjustments in the monthly collection charges. SpecIal SeSSion, February 27,1990 In such cases, the City Manager shall have lite authority to require such proof of vacancy, financial Slatus, age or extreme hardship as he/she may deem necessary. (b) Class II premises. The City shall continue to collect fmm class II premises currently receiving such service. The charge for such collection service shall be based upon the average weekly quantity of garbage and refuse being collected, as determined by the City Manager. The rate charge shall be a multiple of the rate charged class I premises as follows: (1) Zero (0) to one hundred twenty (120) gallons of garbage and refuse per week shall be charged 10 the class I premises rate times one (I). (2) The next one hundred twenty (120) gallons perweek or fraction thereof shall be charged lite class I premises rate times seventy-five one-hundredths (0.75). (3) All additional units of one hundred twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate times five-tenths (0.5). A class II premises no longer wishing 10 he served by City garbage and refuse collec- tion shall provide the City with thiny (30) days written notice of its intent to terminate the service. Such terminationofserviceshall be effective with lite next billing period. Section 3. This ordinance shall be in full force and effective on July I, 1990 after its adoption and publication as provided by the law. Passed, approved and adopted this 27th day of February, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Hera/dthis 14th day of March, 1990. Mary A. Davis City Clerk 1t3/14 Council Member Heckmann moved that this be considered the fIrSt reading of the OnIinance and that the rules be waived re- quiring that an Ordinance be presented and read at two meetings prior 10 the meeting at which there is to be final action, and further moved fiual adoption of the Ordinance. 87 Seconded by Council Member Pratt Car- ried by the following vote: Yeas-Mayor Brady, Council Members Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Member Deich. An OnIinance Amending the Code of Ordinances, City of Dubuque, Iowa, by odopting a new Section 22-38 providing for Yard Waste Collection and prohibiting the depositing of yard waste in public rights-of- way, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 19-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY ADOPTING A NEW SEmON 22- 38 PROVIDING FOR YARD WASTE COLLECTION AND PROIDBITING THE DEPOSITING OF YARD WASTE IN PUBLIC RIGHTS-OF-WAY. Whereas, in 1989 the General Assembly of the Slate of Iowa enacted the Waste Volume Reduction and Recycling Network Act; and Whereas, lite Act prohibits the disposal of yard waste at sauitary landfills after January I, 1991, unless such yard waste is used for the purpose of soil conditioning or composting; and Whereas, the Act further requires that cities adoptJegislation by luly I, 1990, that will require persons within a city 10 separate yard waste from other solid waste generated; and Whereas, the Act further requires that cities that provide a collection service for solid waste shall provide for a collection service for yard waste that is not composted: and Whereas, the City of Dubuque plans to provide a separate collection system for yard waste commencing on July I, 1990; and Whereas, the Dubuque Metropolitan Area Solid Waste Agency plans to eslablish acomposting site at the sauitary landfill site 10 he in operation no later thanluly I, 1990; and Whereas, the City of Dubuque proposes 10 deliver all of its yard waste collections to the Dubuque Metropolitan AreaSolid Waste Agency sanitary landfill; and Special Session, February 27, 1990 (OFFICIAl. PUBLICATION) ORDINANCE NO. 20-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 32-337 ES- TABLISHING THE FEE SCHEDULE FOR PARKING METERS AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 32-337 ESTABLISHING TIlE FEE SCHEDULE FOR PARKING METERS. NOW, THEREFORE, BE IT OR- DAINED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section I. Section 32-337 of the Code of OnIinances, City of Dubuque, Iowa, is hereby repealed. Section 2. The following new Scction 32-337 is hereby adopted: Section 32-337. Fee Schedule. Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show legal parking upon and after deposit of United States coin in accordance with the following schedule: (I) In parking meter district A such meters shall show legal parking for twelve (12) minutes upon deposit of each five-cent ($0.05) coin or twenty-four (24) minutes upon deposit of one ten-cent ($0.10) coin, but not more than a Iotal of sixty (60) minutes at anyone time. (2) In Parking meter district B such meters shall show legal parking for twelve (12) minutes upon deposit of each five-cent ($0.05) coin or twenty-four (24) minutes upondepositofone ten-cent($O.IO) coin, or one hour upon the deposit of one twenty-five cent ($0.25) coin. but not more than a total of one hundred and twenty (120) minutes at anyone time. (3) In parking meter district C such meters shall show legal parking for twenty (20) minutes upon the deposit of each five- cent ($0.05) coin, or forty (40) minutes upon the deposit of each ten-cent ($0.10) coin, or one (I) hour and forty (40) minutes upon the deposit of each twenty-five cent ($0.25) coin, but not more than a total of ten (10) hours at anyone time. (4) In parking meter district D such meters shall show legal parking for five (5) minutes upon deposit of each five-cent 88 NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE, lOW A: Section 1. The Code of Ordinances, City of Dubuque, lows, is amended by odopting the following new Section 22-38: Section 22-38. Yard Waste (a) Yard waste shall beseparsted from all other solid waste. (b) Yard waste that has not been com- posted will be collected by the City. (c) Yard waste shall he contained with bags and/or tying devices, provided by the City for a charge established hy the City Manager and approved by the City Council. (d) No person shall deposit any yard waste in any public right-of-way. (e) Any violation of this section is a mis- demeanor. Section 2. This Ordinance shall take effect on July 1,1990. Passed, approved and adopted this 27th day of February, 1990. James E. Brady Mayor Attest: Maty A. Davis City Clerk Published officially in the Telegraph Herald newspsper this 14th day of March, 1990. Maty A. Davis City Clerk 113/14 Council Member Heckmann moved that this he considered the first reading of the OnIinance and that the rules be waived re- quiring that an OnIinance be presented and read at two meetings prior 10 the meeting at which there is to he final action, and further moved final odoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brsdy, Council Memhers Deich, Heck- mann, Kluesner, Nicholson. Pran, Voetberg. Nays-None. An OnIinance Amending the Code of Ordinances, City of Dubuque, lows, by repealing Section 32-337 establishing the Fee Schedule for Parking Meters and by adopting in lieu thereof a new Section 32- 337 establishing the fee schedule forparking meters, presented and read. ---~~ Special SeSSIon, February 27,1990 89 ($0.05) coin, or ten (10) minutes upon deposit of one ten-cent ($0.10) coin, but not more than a total of twenty (20) minutes at anyone time. (5) In parking meter district E such meters shall show legal parking for twelve (12) minutes upon deposit of each five-cent ($0.05) coin or twenty-four (24) minutes upon deposit of one ten-cent ($0.10) coin, but not more than a total of one hundred and twenty (120) minutes at anyone time. Section 3. This Ordinance shall take effect on May I, 1990. Passed, approved and adopted this 27th day of February, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of March. 1990. Mary A. Davis City Clerk 113/14 Council Member Pran moved that this be considered the first reading of the Ordinance and that the rules he waived requiring that an Ordinance he presented and read at two meetings prior to the meeting at which there is 10 he final action, and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Council Members Deich, Heckmann, Kluesner, Nicholson. Pratt, Voetberg. Nays-None. Abstaln- Mayor Brady. RESOLUTION NO. 78.90 A RESOLUTION ESTABLISHING THE FEES AND CHARGES FOR PARKING OF MOTOR VEHICJ.ES IN THE MUNICIPAL PARKING GARAGES. Whereas, the City ofDubuque, lows, has established a schedule of fees and charges for parking of motor vehicles in the municipal parking garages; and Whereas, the enabling ordinance specifies that the fees and charges shall he estahlished by the City Manager with the approval of the City Council. NOW, THEREFORE, BE IT RESOLVED BYTHECITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section I. That the attached schedule of fees and charges for parking of motor vehicles in the municipal parking garages is hereby approved effective May 1, 1990. Passed, approved and adopted this 27th day of February, 1990. Jarœs E. Brady Mayor Attest: Mary A. Davis City Clerk CITY OF DUBUQUE SCHEDULE OF FEES AND CHARGES FOR PARKING GARAGES Doily""'" $25""h~w¡", $200 "" ""y muimom R..~oIlWnp"""" "".00 "" moo" "".00,... moo" Au_"mp""""" Noo-_R~p""""" "Topol",lWnp"""'"" $34.00,... moo" $".00,... moo" Ro""""""""inS (u,=<S"", IWnp) $34.00,... moo" Nish "", Oponhoo $,75 Council Memher V octberg moved adop- tiun of the Resolution. Scconded by Council Member Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An OnIinance Amending the Code of Ordinances by adopting new Sections 34-41 and 34-42 in lieu thereof providing for the office of Leisure Services Manager and the responsibilities, appointment and term of such office; by odopting new Section 2-146, in lieu thereof providing for the office of Director of Public Works and respon- sibilities of such office; by adopting new Sections 2-156 and 2-157 providing for office of Director of Community and Economic Development and the respon- sibilities of such office; by adopting new Sections 2-158 and 2-159, providing for the office of Utilities Manager and the respon- sibilities, appointment and tenD of such office, presented and read. (OFFICIAl. PUBLICATION) ORDINANCE NO. 21-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 34-41 AND 34-42 PROVIDING FOR THE OFFICE OF DIRECTOR OF 90 Special SessIon, February 27,1990 PARKS AND RECREATION AND THE RESPONSIBILITIES, AP- POINTMENT AND TERM OF SUCH OFFICE, AND ADOPTING IN LIEU THEREOF NEW SEC- TIONS 34-41 AND 34-42. PROVID- ING FOR THE OFFICE OF LEISURE SERVICES MANAGER AND TIlE RESPONSIBILITIES, APPOINTMENT, AND TERM OF SUCH OFFICE: BY REPEAl.ING SECTION 2-146, PROVIDING FOR THE OFFICE OF DIRECTOR OF PUBLIC WORKS AND THE RESPONSIBIUTiES OF SUCH OF- FICE, AND ADOPTING IN LIEU THEREOF A NEW SECTION 2- 146, PROVIDING FOR THE OF- FICE OF DIRECfOR OF PUBLIC WORKS AND THE RESPON- SIBILITIES OF SUCH OFFICE: BY REPEALING SECTION 2-156, PROVIDING FOR TlJE OFFICE OF DIRECTOR OF COMMUNITY DEVELOPMENT AND THE RESPONSIBILITIES OF SUCH OF- FICE, AND ADOPTING IN LIEU THEREOF NEW SECTIONS 2-156 AND2.157,PROVIDINGFOR TIlE OFFICE OF DIRECfOR OF COM- MUNITY AND ECONOMIC DEVELOPMENT AND THE RESPONSIBILITIES, APPOINT- MENT AND TERM OF SUCH OF- FICE: BY ADOPTING NEW SECTIONS 2-158 AND 2-159, PROVIDING FOR TIlE OFFICE OF UTILITIES MANAGER AND THE RESPONSIBILITIES, APPOINT- MENT, AND TERM OF SUCII OFFICE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Section 34-41 and Section 34- 42 of the Code of Ordinances, City of Dubuque, Iowa. are hereby repealed and the following new Sections 34-41 and 34-42 are herebyodopted: Section 34-41. Office created: respon- sibilities generslly. There is hereby created the office of Leisure Services Manager of the city charged with the responsibility of directing and adntinisu:ring the activities of the park. recreation and civic center divisions com- prising the l.eisure Services departmenL Section 34-42. Appointmen~ term of office. The Leisure Services Manage< shall be appointed by the city manager and shall hold office at the pleasure of the city manager. Section 2. Section 2-146 of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed, and the following new Section 2-146 is hereby adopted: Section 2.146. Office created: res¡xm- sibilities generally. (a) There is hereby created the office of director of public works of the city. (b) Said office shall have the respon- sibility for construction and operation of public works, and shall have the respon- sibility for directing the activities of scvcral divisions comprising the public works department, including: (I) Enginecring: (2) Stree~ (3) TransiL Section 3. Section 2-156 of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed, and the following ncw Sec. tions 2-156 and 2-157 are hereby adopted. Section 2-156. Office created: respon- sibilities generally. (a) There is hereby created the office of Director of Community and Economic Development of the city. (b) Said office shall have the respon- sibility for directing the several activitics comprising the community and econontic development department, including: (I) Community developmen~ (2) Economic development. Section 2-157. Appointmen~ term of office. The Director of Community and Economic Development shall he appointed by and serve at the pleasure of the City Manager. Section 4. The Code ofOrdinances, City of Dubuque, Iowa. is hereby amended by odopting the following new Sections 2-158 and 2-159: Section 2-158. Office created: respon- sibilities generally. There is hereby created the office of Utilities Manager of the city charged with SpecIal SessIon, February 27, 1990 91 the responsibility of directing and managing the activities of the waterand waterpolJution control divisions comprising the Utilities DepartmenL Section 2-159. Appointmen~ term of office. The Utilities Manager shall be appointed by and serve at the pleasure of the City Manager. Section 50 This OnIinance shall take effect on March 9,1990. Passed. approved and adopted this 27th dayofFebruaty,199O. James E. Brady Mayor Attest: Maty A. Davis City Clerk Published officially in the TelegTaph Herald newspaper this 9th day of March, 1990. Maty A. Davis City Clerk It 319 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joyce A. Lorenz, Ye Old Brunswick 3203 Jackson SL Passed, approved and adopted this 27th day ofFehruary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved odoption of the Resolution. Seconded by Council Memher Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Memhers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Tbere being no further business, Council Member Voetherg moved 10 adjourn the meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voctberg. Nays-None. Meeting adjoumed at 1O:lOp.m Maty A. Davis City Clerk Approved ',,;' ;' 1990 i!." " ,- ',1990 Adop"'i - , . -""?""....." ,--' Mayor ~) Council Member Kluesner moved that this he considered the first reading of the OnIinance and that the rules be waived re- quiring that an OnIinance he presented and read at two meetings prior 10 the meeting at which there is to be final action, and finther moved final adoption of the Ordinance. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nayo-None. RESOLUTION NO. 79-90 Whereas, applications for liquor licen- ses have been submitted to this Council for approval and the same have been examined and approved: and Whereas, the prentises 10 be occupied by such applicants were inspected and found 10 comply with the Slate Law and all City Ordinances relevant therelo and they have filed proper honda; NOW, THEREFORE, BE IT RESOLVED BYTlIECITY COUNCil. OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized 10 cause to be issued to the following named applicant(s) a Liquor license. ,~ " ,,'.'-, . / (,^j/,~">/'J (~/ ". - {é/i:trÙ/',- /~«^L""-t"';7"'- . ì. / . "'-------.--'--' .-, './ ' ..,- ' " ¿" ,. ¿ ~~ /V: - (" ¡: X. C." L ( 4., -- ,.//. -. - - - "-=""J;. .'< Council Members' Attest: ,?~ City Clerk A.' '.