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1988 January Council Proceedings118 PAGE 'arehousing ............ 4, 14, 15 MENT SUBMITTING ;, 120, 139, 252, 270, 306, 372, 391 Claim ................ 8, 24 /ng setting of P. Hearing ~ Property owners ...... 15 ~bor area from HI to Ct. 30, 31 ~w Business Services, ex- ~ses in C-2 District.. 33, 42, 84-85 s -- provisions ......... 34, 35 veIopment Plan for the ID theological Seminary... 44, 73-76 n f~r Waterfront Districts 45, 76 1055 & 3077 Brunskill Rd. 77, 163, 184 ~Lg.), Cigarette Permit... 119 e in OR Office Res. ................. 129, 145, 146 nvrth of Raven Oaks Dr. 164, 184, 185 t SE corner of mtersecttsn ~cult. to C-3 ........... 227 ~77 Brunskill Rd. from R-1 & Wholesale district... 228 )t~ug/Accessory store as ~lOed Comm. District, (re- ty Ave.) .............. 261 ~0 & 2368 Central & 2351 ..................... 297 vacate & convey property )ye ................... 308 /nation of certa/n rights for ~ DOT advisement ...... 308 of Keyway Dr. & Keystone i-Family .............. 312, 325 ~end Conceptual Develop- ~ Coresr of Chaney Rd. & ..................... 312, 325 ass "C" Liquor License; ..................... 357, 371 ! DOT advising of dismissal ..................... 358 ~V/Radi~/Video Sales & Se~ ............ 395, 413, 414 [. Gremmel/Cash Co.) .... 408 distr/ct. 413 Regular Session CITY COUNCIL OFFICIAL Regular Session, January 4, 1988 Council Met at 7:30 pan. at the Public Library Auditorium. Preset--Mayor BradM Coundl Mem- bers Deich, Kluesner, Krieg, Pratt, Simon, Voe~berg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindalfl. Mayor Brady read the call and stated that this meeting is the REGULAR MONTHLY MEETING of the City Coundl called for the purpose to act upon such business wkich may prope~ ly come before the Council. Invocation wes given by Mayor Brady. Mayor Brady swore in newly elected Coundl Members Mr. Michael W. Pratt representing At-Large; Mr. Loras Klue~ue~ representing 2nd Ward aud Mr. Dirk Voetberg representing 4th Ward. Let the record show that each elected official had taken their written oath of office prior to midnight on December 31, 1987. Mayor Brady then swore in Mrs. Kathryn Kdeg as Mayor Pro-%m in ac- cordance with Sea 2-81 of the Code ef Ordinances, City of Dubuque, IA. RESOLUTION NO. 1~8 RESOLUTION REAFFIRMING THE APPOINTMENT OF THE CITY MANAGER BE IT RESOLYED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the appointment of W. Kenneth Gearhart, as City Manager for the City of Dubuque, Iowa, be hereby affirmed in accordance with the terms m~d condi- tions contained in employment agree- ment executed and approved on the 12th day of April, 1982. Passed, approved/md adopted this 4th day of Jauuary, 1988. January4, 1988 1 James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the l~olufioo. Secanded by Council Member Krieg. Carried by the following vot~ Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays-- Nons RESOLUTION NO. 2-88 RESOLUTION PROVIDING FOR THE APPOINTMENT OF A CITY CLEI~K BE IT RESOLVED BY THE CITY COUNCIL OF ~ CITY OF DU- BUQUE, IOWA: In accordance with Chapter 372.13(3) of the Code of Iowa, 1987, as amended, the City of Dubuque, Iowa, does hereby appo'mt the following as City Clerk for the City of DUbuque, for the purpose to perform the duties ef said position as re- quired by State and City Laws. CITY CLERK -- Mary A. Davis Passed, approved and adopted this 4th day of January, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Counc/1 Member Kluesner moved adoption of the Resolu~iom Seconded by Counell Member Krieg. Carried b:~ the- following vot~ Yeos--Mayor Brady, Counell Members Deich, K]uesner, Krieg, Pratt~ Simon, Voetberg. Nays-- Nong RESOLUTION NO. 3-88 RESOLUTION PROVIDING FOR THE APPOINTMENT OF A LEGAL STAFF FOR THE CITY OF DUBUQUF~ IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: PAGE ~ng ............ 4, 14, 15 i SUBMITTING ~39 252 270, 306, 372, 391 8, 24 ng of P. Hearing ~y owners ...... 15 ~ from HI to Ct. 30, 31 ~2 Distxict. 33, 42, 84-85 elsions ......... 34, 35 at Plan f~r the ID cai Seminary... 44, 73-76 mfront DistrZts 45, 76 177 Braeekin Rd. ........... 77, 163, 184 arstte Permit... 119 Office Res. ... 129, 145, 146 ! Raven Oaks Dr. ........... 164, 184, 185 aer of intersection ~ C-3 ........... 227 nskin Rd. from R-1 ~lesele district... 228 mare. District, (re- ,.~ .............. 281 58 Central & 2351 · .............. 297 & convey property 3O8 Of certain rights for advisement ...... 308 ~ray Dr. & Keystone [y .............. 312, 325 0nceptual Develop- er of Chaney Rd. & ............... 312, 325 ~" Liquor License; ............... 357, 371 dvising of dismissal 358 i ............ 395, 413, 414 [md/Cash Co.) .... 408 t Comm. district. 413 Session, January 4, 1988 1 CITY COUNCIL OFFICIAL Regular Session, January 4, 1988 Council Met at 7:30 p.m. at the Public Library Auditorium. Preset--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Pratt, Simon, Veetberg, City Manager W. Ken- neth Gearhart~ Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated that this meeting is the REGULA~ MONTHLY MEETING of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Mayor Brady. Mayor Brady swore in newly elected Council Members Mr. Michael W.. Pratt representing At-Large; Mr. Loras Kluesner repre~anting 2nd Ward and Mr. Dirk Vcetberg representing 4th Ward. Let the record show that each elected official had taken their written oath of office prior to midnight on December 31, 1987. Mayor Brady then swore in Mrs. Kathryn Krleg as Mayor Pro-Tern in ac- cordance with Sec 2-81 of the Code of O~dinances, City of Dubuque, IA. RESOLUTION NO. 1-88 RESOLUTION REAFFIRMING THE APPOINTMENT OF THE CITY MANAGER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the appointment of W. Kenneth GearharL as City Manager for the City of Dubuque, Iowa. be hereby affirmed in accordance with the terms and condi- tions contained in employment agree- me~t e~eeated and approved on the 12th day of April, 1982. Passed, approved and adopted ~ 4th day of January,, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetherg. Nays-- Nons RESOLUTION NO. 2-88 RESOLUTION PROVIDING FOR THE APPOINTME]~IT OF A CITY CLERK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: In accordance with Chapter 372.13(3) of the Code of Iowa, 1987, as amended, the City of Dubuque, Iowa, does hereby appoint the following as City Clerk for the City of Dubuque, for the purpose t~ perform the duties of said p~ifion as re quired by State and City Law~ CITY CLERK -- Mary A. Davis Passed, approved and adopted this 4th day of January, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Councll Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the f~llowing vote: Yeas--Mayor Brady, Council Members Deich, KIuesner, Krieg, Pratt, Simon, Voetberg. Nays-- RESOLUTION NO. 3-88 RESOLUTION PROVIDING FOR THE APPOINTMENT OF A LEGAL STAFF FOR THE CITY OF DUBUQUE, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU~ BUQUE, IOWA: INDEX -- BOOK 118 1988 SUBJECT PAGE Z Jan. 4--Zoning, requested change re: Mini-Warehousing ............ 4, 14, 15 4--ZONING BOARD OF ADJUSTMENT SUBMITTING MINUTES: ................ 8, 53, 120, 139, 252, 270, 306, 372, 391 4--Zaber, Thomas, CLAIM; Closure of Claim ................ 8, 24 Jan. 18--zoalng Bd. of Adjustment -- clarifying setting of P. Hearing & notification procedure of adjoining Property owners ...... 15 Feb. 1--zoning -- change in 2nd St. Ice Harbor area from HI to Cr. 30, 31 1--Zoning -- approval by P & Z to allow Business Services, ex. cfuding Sign Painting as permitted uses in C-2 District.. 33, 42, 84-85 1--Zoning -- temporary use fee changes -- provisions ......... 34, 35 Feb. 15--Zoning -- approving a Conceptual Development Plan for the ID Institutional District for Wartburg Theological Seminary... 44, 73-76 15--Zaning -- Providing for a Concept Plan for Waterfront Districts & amendments ....................................... 45, 76 Mar. 7--Zoning -- request of change at 3051, 3055 & 3077 Brunskiil Rd. ................................................. 77, 163, 184 Apr. 4--Zoltani, Lois & Grog (Locker Room Lg.), Cigarette Permit... 119 4--Zoning -- Wine(?) as a conditional use in OR Office Res. ................................................ 129, 145, 146 May 16--Zoning reclassification for property north of Raven Oaks Dr. ................................................ 164, 184, 185 July 5--Z~ding -- property reclassification at SE corner of intersection of HWY 61-151 & 52 from AG Agricnit. to C-3 ........... 227 5--Zonlng of property at 3051, 3055 & 3077 Brunskill Rd. from R-1 Single Family to CS Comm. Service & Wholesale district... 228 Aug~ 1--Zoning reclassification to allow a Clothing/Accessory store as a permitted use in the C-1 Neighborhood Comm. District, (re- quested by C. Schueller for University Ave.) .............. 261 Sept. 6--Zoning of property requested for 2350 & 2368 Central & 2351 White St ............................................ 297 6--Zalaznlk, Edward requesting City to vacate & convey property known as Ralirand St. in Center Grove ................... 308 Sept. 19--zephyr Aluminum Products, condemnation of certain rights ~or relocated Primary Road U.S. 61, IA DOT advisement ...... 308 19--Zonlng of property requested etc. east of Keyway Dr. & Keystone from R-1 Single Family to R-3 MuRi-Family .............. 312, 325 19--Zoding -- request of J. Henkel to amend Conceptual Develop- ment Plan for property located at NW Corner of Chaney Rd. & Asbury Rd .......................................... 312, 325 Oct. 17--Zirkalbach, Dermis J. (Benny's), Class "C' Liquor License; Cigarette Permit ..................................... 357, 371 Oct. 17--Zephyr Aluminum Products, Inc., IA DOT advising of dismissal in matters of condemnation ............................ 358 Dec. 5--Zoning Ordinance amended to allow TV/Radio/Video Sales & Se~ vice in C-1 Neighbothcod Comm. District .............. 395, 413, 414 5--Zoning re: 3606 Crescent Ridge (Mr. Gremmei/Cash Co.) .... 408 ~ Dec. 19--Zoning Comm. denial to allow a furniture upholstcry/repair store as a permitted use in the C-1 Neighborhood Comm. district. 413 Resular Session CITY COUNCIL OFFICIAL Regular Session, January4, 1988 Council Met at 7:30 p.m. at the Pablic Library Auditorium. Prseent--Mayor Brad:~ Council Mem- bers Deich, Kluesner, Krieg, Pratt, Simon, Voctberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated that this meeting is the REGULAR MONTHLY MEETING of the City Council called for the purpose ~o act upon such business which may proper- ly come before the Council. Invccation was given by Mayor Brady. Mayor Brady sworn in newly ~lected Council Members Mr.. Michael W. Pratt representing At-Large; Mr. Loras Kluesner representing 2nd Ward and Mr. Dirk Voetberg representing 4th Ward. Let the record show that each elected official had taken their written oath of office prior to midnight on December 31, 1987. Mayor Brady then swore in Mrs. Kathryn Krieg as Mayor Pro-Tem in ac- cordance with Set 2-81 of the Code of Ordinances, City of Dubuque, IA. RESOLUTION NO. 1-88 RESOLUTION REAFFIRMING THE APPOINTMENT OF THE CITY MANAGER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the appointment of W. Kenneth Gearhart, as City Manager for the City of Dubuque, Iowa be hereby affirmed in accordance with the terms and condi- tions contained in employment agree- ment executed and approved on the 12th day of April, 1982. Passed, approved and adopted this 4th day of January, 1988. January 4, 1988 1 James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kfuesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Nona RESOLUTION NO. 2-88 RESOLUTION PROVIDING FOR THE APPOINTMEnT OF A CITY CLERK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: In accordance with Chapter 372.13(3) of the Cede of Iowa, 1987, as amended, the City of Dubuque, Iowa, dens hereby appoint the following as City Clerk for the City of Dubuque, for the purpose to perform the duties of said position as re- quired by State and City Laws. CITY CLERK -- Mary A. Davis Passed, approved and adopted this 4th day of January, 1988. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk Council Member Kfueaner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the fuRewing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetherg. Nays-- Nona RESOLUTION NO. 3-88 RESOLUTION PROVIDING FOR THE APPOINTMENT OF A LEGAL STAFF FOR THE CITY OF DUBUQUE, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU~ BUQUE, IOWA: 2 Regular Session, January 4, 1988 That in accordance with Chapter 2 Ar- ticle III Division 5 of the Cede of Or- dinaneee, City of Dubuque, Iowa, the following shall be appointed as the Legal Department for the City of Dubuque for the purpose to perform the duties of said department as required by State and Local Laws. CORPORATION COUNSEL -- Barry A. Lindahl CITY SOLICITOR -- William G. Blum ASSISTANT CITY ATTORNEY -- James A. (Tim) O'Brien Passed, approved and adopted this 4th day of January, 1988. James E. Brady Mayor ATTE S~. Mary A. Davis City Clerk Council Member Kinesnar moved adoption of the Resolution. Sasanded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Pratt, Simon, Voetharg. Nays-- Nons Mayor Brady swore in W. Kenneth Gearhart as City Manager, Mary A. Davis as City Clerk and Barry A. Lin- dahl as Corporation Counsel. RESOLUTION NO. 4-88 RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER OF THE CITY OF DUBUQUE, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: · In accordance with Chapter 618 of the Code of Iowa, 1987, as amended, the following shall be designated as the Of- fichd Newspaper of the City of Dubuque, Iowa, for the purpose of publication of notices and reports of proceedings as re- quired by law. TELEGRAPH HERALD Passed, approved and adopted this 4th day of January, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an~endment to Lease Agree- ment between City of Dubuque and Dubuque Yacht Basin, Ina, presented and read. Council Member Simon moved to sus- pend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Dalch. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brad~, Council Members Dcich, Kluasner, Krieg, Pratt, Simon, Voetberg. Nays--Nonu RESOLUTION NO. 5-88 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the ~lblegraph- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on the 28th day of December, 1987, at 7:30 p.m. in the Public Library Auditorium, 11th & Locust Streets, Dubuque, Dubuque County, Iowa to con- sider the amendment of Dubuque Yacht Basin, Inc lease dated November 23, 1987; and WHEREAS, this amendment pro- vides for the additional lease of 1280 square feet of land to the original 66,000 square feet; and Regular Session WHEREAS, original lease agreement provided for base rental of $6,600 and this figure is amended to a base rental Of $6,728 par year and subject to the s~ame ~cast of living adjustment not to ex- ceed a compounded rate of 5% per year for the term of the lense; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled ~ny and all objection, oral or written to the amendment of the Dubuque Yacht Basin, Ink leasu NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the original lease of the Dubuque Yacht Basin, Ink dated November 23, 1987 for lease of 66,000 square feet be amended to include an ad- ditional 1,280 square feet, with base ren- tel figure being adjusted to $6,728 per year and subject to the same cost of liv- ing adjustment which is not to exceed a compounded rate of 5% per year for the term of the lease be and the same is hereby approved. Section 2. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Du- buque County Recorder, and Dubuque County Treasurer. Passed, approved and adopted this 4th day of January, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by i Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Nonu Proof of publication, certified to by the Publisher, on Notice of Public Hearing to grant Thermolyne Corporation a one- year extension for fulfining conditions on dasd issued on January 13, 1987, presented and read. There were no writ- January 4, 1988 3 ten objections received and no oral ob- jectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluasner, Krieg, Pratt, Simon, Voetherg. Nays--Non~ RESOLUTION NO. 6-88 WHEREAS, pursuant to l~esolution and published notice of time and place of hearing, published in the Telegraph~ Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on the 28th day of December, 1987, at 7:30 p.m. in the Public Library Auditorium, llth & Locust, Dubuque, Dubuque County, Iowa to consider the mquast of Thermolyne Corporation a one (1) year extension to January 13, 1989 for improvement of leased property; and : WHEREAS, by Resolution 121-78 ap- proved option agreement with Thar- molyne Corporation wMch provided for sale of 5.27 acres at a price of $5,000 an acre with construction of a plant on pro- perty to commence one year after exer- cising option; and WHEREAS, by Eeaslution 75~82 the City Council approved amendment to original agreement with Thermolyne Corporation to revise definition of im- )revements; and WHEREAS, option agreement was exercised by Thermolyne Corporation on January 13, 1987; and WHEREAS, in a letter dated Decem- ber 4, 1987 Thermolyne Corporation had requested one (1) year extension to January 13, 1989; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the extension of the Tharmolyne Corpora- tion for fulfilling conditions on the deed issued January 13, 1987. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 4 Regular Session January 4, 1988 Section 1. That the City Council grants a one (1) year extension to the Thermolyne Corporation fur compliance with the proviso of the deed that im- pmvemente must commence within one (1) year, which improvements may con- sist of the construction of industrial facilities, or of other facilities, including parking facilities necessary to support expansion of Thermolyne Corporation manufacturing property on adjacent prc- perry be and the same is hereby approved. Section 2. That the City Clerk be and is hereby authorized and directed to record a certified copy of tins Resolution in the office of the City Assessor, Du- buque County Recorder, and the Du- buque County Treasurer. Passed, approved and adopted tins 4th day of January, 1988. James E. Brady Mayor ATTE S~. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Pratt, Simon, Voetberg. Nays-- An Ordinance Amending Zoning Or- dinance and Zoning Map by defining Mini-Warehousing in Section 8 and enac- ting a new Section 3-3.2A of the C-2 Neighborhood Shopping Center District to allow Mini-Warehousing as a Condi- tional Use with certain provisions, presented and mad. (lst reading given at meeting of 12-21-87). Council Member Simon moved that this be considered the second reading of the Ordinance and that it be set for Public Hearing on January 18, 1988 at 7:30 p.m. in the Public Library Audi- terinar and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Council Membem Deich. Nays-- Mayor Brady, Council Members Klues- net, Ktieg, Pratt, Simon, Vootberg. MO- TION FAILED. Council Member Pratt moved to recon- sider the action taken. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg. Pratt, Voetberg. Nays--Canncil Member Simon. Council Member Simon moved that this be the second reading of the Or- dinance and that it be set for Public Hearing on January 18, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--Council Members Krieg, Simon. Communication of City Manager sub- mitting meponse to questions asked at last Council Meeting regarding Zoning Ordinance Amendment for Mini- Warehousing and a new C-2 Conditional Use, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voctberg. Nays--Non~ Communication of City Manager submitting msolutinn and requesting a public hearing be set for Section 9 Capital Assistance Application for emergency funds to assist in the removal of two diesel fuel tanks and any contaminated soil and in the purchase of one mpinesment tank to be in compliance with the Iowa Dept. of Natural Resoumes, presented and read. Council Men'bet Simon moved that this communication be received and fil- ed and set matter for Hearing on Feb- mary I, 1988 at 7:30 p.m. in the Public Library Auditorium and the City Clerk to publish notice in the manner prescrib- ed by law, Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Vootberg. Nays--None. Regular Session RESOLUTION NO. 7-88 RESOLUTION AUTHORIZING THE FILING OF APPLICATION~ WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Trans- portatinn is anthorized to make grants for a mass trafl~portatinn program of projects; WHEREA~ the contract for Iinancjai assistance will impose certain obliga- tions upon the applicant, including the provision by it of the local sham of the project costs in the program; WHEREAS, it is required by the U.S. Departmant of Transpor tatinn in accord with the provision of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amend- ed, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Depart- ment of Transportation mqnimmente thereunder;, and WHEREAS, it is the goal of the ap- plicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum construction contract, sup- plies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file applications on behalf of the City of Dubuque with the U.S. Department of Transportation to aid in the financing of a capital assistance project to remove two (2) diesel fuel tanks and any can- taminated soft and pumhase and install one new 15,000 gallon diesel fuel tank to comply with new IDNR (Iowa Depart. merit of Natural Resoumes) regulations. January 4, 1988 5 Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effe~ tuating the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That the q~ansit Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connec- tion with the application for the program of projects. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority bus- inees policies in connection with the pro. gram of projects' prccumment needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute grant agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financing of capital assistance program of projects. Section 6. The undersigned duly qualified and acting Mayor of the City of Dubuque certifies that the foregoing is a true and correct copy of a resolution, adopted at a legally convened meeting of the City Council of the City of Du- buque, Iowa, held on January 4, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Vootberg. Nays-- Verbal petition of "Citizens for Du- buque Connnittee" to address the Coun- cil mgurding support of passage of local option sales and service tax, presented. Council Member Simon moved that the petition be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, 6 Regular Session January 4, 1988 Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-~None. Verb01 petition of "Citizens for Du- buque Committee" to address the Coun- cil regarding support of passage of local option sales and service tax, presented. Council Member Simon moved that the petition be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members De(ch, Klueener, Krieg, Pratt, Simon, Vcetberg. Nays--None. Council Member Simon moved that the Counc'd unanimously reaffirms their support for passage of the 1% local op- tion sales and service tax. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members De(ch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nona ORDINANCE AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BY ENACTING A NEW SEC- TION 7-45(d) TO PROVIDE THAT VETERINARIANS SHALL FOR- WARD COPIES OF OFFICIAL RABIES VACCINATION CERTIFI- CATES TO THE HEALTH SERVICES DIVISION (1st reading only given at meeting of 12-21-87), now presented for further action. (oFFICIAL PUBLICATION) ORDINANCE NO. 1-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 7-45(d) TO PROVIDE THAT VETERINAR. IANS SHALL FORWARD COPIES OF OFFICIAL RABIES VACCI- NATION CERTIFICATES TO THE HEALTH SERVICES DIVISION. NOW, THEREFORE, BE IT DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa be amend- ed by enact'rog a new sub-sect(an (d) to Section 7-45 thereof as follows: Section 7-45. Vaccination Required. "(d) Each veterinarian within the City limits shall forward to the Health Ser- vices Division Office by no later than the tenth of each month a copy of each of- tic(al rabies vaccination certificate issued by the veterinarian during the preceding month." Passed, approved and adopted this 4th day of January, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of January, 1988. Mary A. Davis City Clerk It 1/8/88 Council Member K6eg moved that they waive the rules requiring three separate readings and further moved final adoption of the Ordinance. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klues- ncr, Kriag, Pratt, Simon, Voetberg. Nays--None~ ORDINANCE NO. 2.88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ADOP- TING A NEW SECTION 26-11 RE- LATING TO INDECENT EXPO- SURE, said Ordinance having been read at the Council Meeting of 12-21-87, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 2.88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 26-11 THEREOF RELATING TO INDE- CENT EXPOSURE AND BY ADOP- TING THE FOLLOWING NEW SEC- TION 26-11 RELATING TO INDE- CENT EXPOSURE NOW, THEREFORE, BE IT DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, Januar.~ 4, 1988 7 the Cede of Member Kriag continue to serve until an oftheCityofDubuque, Iowabeamend- I appropriatogovernmentelpersanisiden- ed by repealing Section 26-11, Indecent I tilled. Seconded by Council Member Exposure ~ Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adopting the following new Sec- tion 26-11 relating to Indecent Exposure: "Set 26-11. Indecent Exposure" It shall be unlawful for any person to expose his or her genitals, pubes, or but- tocke to another ~r to urinate or defecate in the presence of or in view of another, if the person knows or reasonably should know that such behavior would be offen- sive to a reasonable person. Passed, approved and adopted this 4th day of January, 1988. James E. Brady Mayor ATTE Sq!. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of January, 1988~ Mary A. Davis City Clerk It 1/8/88 Council Member Simon moved that they waive the rules requiring three separate readings and further moved final adoption of the Ordinancg Second- ed by Council Member Deice Carried by the following vote: Yeas--Mayor Brady, Council Members De(ch, Kluesner, Krteg, Pratt, Simon, Voetberg. Nays-- COUNCIL APPOINTMENTS TO VARIOUS ORGANIZATIONS~ HUMANE SOCIETY REORGANIZA- TION COMMISSION -- Council Mem- ber Simon moved that Council Member De(ch be appointed. Seconded by Coun- cil Member Krieg. Carried by the fonow. lng vote: Yeas--Mayor Brady, Council Members De(ch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nong NORTHEAST IOWA REGIONAL COORDINATING COUNCIL -- Coun- cil Member Kriag moved that Council Deteh, Klueaner, Kriag, Pratt, Simon, Voctberg. Nays--Nona DUBUQUE-IN-FUTURe -- Council Member Simon moved that Council Member Pratt be appointed. Seconded by Council Member Kriag. Carried by the following vote: Yeas--Mayor Brady, Council Members De(ch, Kluesner, Kriag, Pratt, Simon, Voetberg. Nays-- Nong OPERATION: NEW VIEW -- Council Member Simon moved that Council Member Voetberg be appointed. Second- ed by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members De(ch, Kluesner, Kriag, Pratt, Simon, Voctberg. Nays-- MAIN STREET LTD. -- Council Mem- ber Simon moved that Council Member Pratt be appointed. Seconded by Coun- cil Member Kriag. Carried by the follow- ing vetg: Yans--Mayor Brady, Council Members De(ch, Kluesner, Kriag, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 8-88 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied 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 RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor Lieensa CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Philllp R. Love The Lounge 481 Locust St. (Also Sunday Sales) 8 ~Regular Session, Passed, approved and a~ day of January 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded Council Member Klunsner Carried the fbllowlng vote: Yeas--Mayor Brady, Council Members Dalch, Kluesunr, Kriag, Pratt, Simon, Vcetberg. Nays-- Nons MINUTES SUBMITTED: Airpor~ Commission of 12-2-87; Cable Franchise Regulatory Commission of 12-9-87; Five Flags Commission of 12-21-87; Planning & Zoning Commission of 12-16-87, Joint Meeting of Police and Fire Retirement Boards of 12-11.87; Police Retirement Board Meeting of 12-11-87; Zoning Board of Ajuntment of 12-10-87, pre- sented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueener, Krieg, IPratt, Simon, Voetberg. Nays-- Nons NOTICES OF CLAIMS AND SUITS: James and Kay Buelow, in est. amt. of $456.96 for car damages; Bar~ Feehan in unknown amount fur personal injuries; Mascie Kohlanberg, in amount of $3000 for personal injuries; Thomas Zaber in est. amt. of $269.36 for car damages, presented and read. Council Member Dalch moved that the claims and suits be refurred to the Legal Staff for investigation and report. Seconded by Council Member Deich. Carrle(~ by the following vote: Yeas-- MayorlBrady, Council Members Dalch, Khisener, Krleg, Pratt, Simon, Voetberg. Nays--Nons Proof of publication, certffied to by the Publisher, of intent tefile a request of Calendar Year 1988 Block Grant funds for various projects, presented and read. Council Member Deich moved that the proof of publication be received and ill- ~' 4, 1988 ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kfueener, Krleg, Pratt~ Simon, Vcotberg. Nays--None. Communication of City M ,annger re. commending aeeoptanco of Addition to Public Works Garage Project, presented and read. Council Member Deicb moved that tho communication bo received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Klusener, Kriag, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 9-88 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Ad- ditlon to Public Works Garage has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- plaied according to the terms of the con- tract, plans and specifications and re- commends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recornmen- datinn of the City Manager be approv- ed 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 to the contractor from the Street Construction Fund and Refuse Collection Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 4th day of January,_1988' James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Klusener moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kfuasnar, Kriag, Pratt, Simon, Voetberg. Nays-- RESOLUTION NO. 10-88 FINAL ESTIMATE WHEREAS, the contract for the Ad- dition to Public Works Garage has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notlcse and inspection and all mlscel[anecus costs; NOW, THEREFORE, BE IT SOLVED, by the City Council of the City of Dubuqu~ Iowa: Sectlan 1. That the cost of said im- provement is hereby determined to be $69,045.00 and that said amount sha~ be paid from the Street Construction Fund and Refuse Collection Fund of City of Dubuque, Iowa. Passed, approved and adopted this 4t~ day of January, 1988. James E. Brady Mayor ATTESt. Mar~ A. Davis City Clerk , Council Member Dalch moved adop. tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Pratt, Simon, Voetherg. Nays-- Communication of City Manager re. questing Mayor be authorized to execute ah Agreement with IA DOT on a Right- of-Way Assurance Statement for Federal Aid Projects, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Kluesner, Krleg, Pratt, Simon, Voetherg. Nays--Non~ RESOLUTION NO. 11-88 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN 4, 1988 9 AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTA. TION FOR RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL.AID PROJECTS WHEREAS, Iowa Department of requested the City to execute an agreement stipulating that the City will comply with the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, on federal, aid to transportation projects; and WHEREAS, such a statement must be on file with the Iowa Department of Transportation in order for the City to be in compliance with the federal-aid pre- jecte for transportation purposes and to be eligible for federal transportation funds. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa: Section L That the Mayor be anthariz~ ed to execute on assurance statement with the Iowa Department of Transpor- tation stipulating that the City of Du- buque will comply with the federal regulatiQllS relative to acquisition of pre- perry for transportation purposes, for which federal funds are involved. Passed, approved and adopted this 4th day of January, 1988. James E. Brady Mayor ATTEST Mary A. Davis City Clerk Council Member Dalch moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesunr, . Krieg, Pratt, Simon, Voetberg. Nays-- None. Communication of Jeffery Vorwald, V.P of ECIA Business Growth, Inc. sub- mitting report regarding Tucker In~ dustriee, Ina RLF (Revolving Loan Fund), presented and read. Council Member Delch moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vot~ Yeas-- Mayor Brady, Council Members Daiclc Kinssner, Krieg, Pratt, Simon, Vcotberg. Nays--Nana Regular Session, January 4, 1988 ATTES~ At 8:47 P.M. Council Member Klues- her moved to go into Closed Session in accordance with Chapter 21.5 l(c) to discuss strategy with Counsel in matters that are presently in litigation. Second. ed by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, KHeg, Pratt, Simon, Voetberg. Nays-- Nona At 9:17 p.m. Council reconvened. Council Member Pratt moved that the Corporation Counsel be directed to sign necessm~y litigation papers as discussed in the Closed Session. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kineanar Krleg, Pratt, Simon, Voetberg. Nays-- Nona There being no further buslnsss, Coun- cil Member Krieg moved to adjourn. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deic~ Klussuer, Krieg, Pratt, Simon, Voetberg. Nays--Nong Meeting adjourned at 9:18 P.M. Mary A. Davis City Clerk _1988 1988 Mayor Council Members Adopted City Clerk Board of Health --BOARD OF HEALTH OFFICIAL Regular QuartorlyMeeting, January 18, 1988. Board met at 7:25 p.m., in the Public Library Auditorium. Present: Chairperson Brady, Board Members Delch, Kluesner, Krieg, Pratt, Simon, Voetberg. Chairperson Brady read the call and stated this is the REGULAR QUAR- TERLY MEETING OF THE HEALTH BOARD, called for the purpose to act upon such business which may proper- ly come before the Board. There was no business brought before the Board, Board Member Krieg moved to adanrn. Seconded by Board Member Simon. Carried by the following vote: Yeas--Chairperson Brady, Board Mem- bers Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nona Mary A. Davis Secret~, Board of Health Approved __ _ 1988 Adopted __ 1988 Chairperson, Board of Health Board Members ATTESq! Secretary, Board of Health January 18, 1988 11 12 Regular Session, January 18, 1988 CITY COUNCIL OFFICIAL Regular Session, January 18, 1988 Council Met at 7:30 p.m,.in the Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kinosner, Krleg, Pratt, Simon, Voetberg, City Manager W. Ken- neth Gearhart, Corporation Council Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business winch may properly come before the Council. Invocation was given by Father Richard Schaefer, Assistant Professor of Religious Studies at Loras Colieg~ Mayor Brady gave verbal honor to Martin Luther King's birthda~ PROCLAMATION: January 18-25 as "'Week of Prayer for Christian Unity" received by Pastor Dwight Vogel of St. Luke's Methodist Church. RESOLUTION NO. 12-88 EXPRESSING APPRECIATION OF THE CITY OF DUBUQUE TO LORAS COLLEGE AND KIRCH- HOFF DISTRIBUTING COMPANY FOR THE 1988 NATIONAL CATHOLIC BASKETBALL TOURNAMENT WHEREAS, thirty-two men and women teams and supporters from small Catholic corteges from all sections of the country participated in the 1988 Ns- tional Catholic Basketball Tournament in Dubuque, and WHEREAS, Loras Colioge has or- ganized and hosted the National Catliolic Basketball Tournment for five years focusing the eyes and attention of all America on Dubuque through exten- sive news coverage and nationwide television; and WHEREAS, Kirchheff Distributing Company with its strong interest in college basketball through its support and resources has uderwritten the Na- tional Catholic Basketball Tournament and made it possible for other business entitles and individuals to contribute to the success of the 1988 National Catholic Basketball Tournament and to assure that players and other out-of-town guests have an enjoyable and pleasant visit to Dubuqu~ NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council, on behalf of the City of Dubuque and its residents, extends its appreciation and congratulations to Loras College and Kirchhoff Distribut'arg Company for the success of the 1988 National Catholic Basketball Tournament and for their outstanding contribution to the image of the city of Dubuque as a great place to live and visit. Section 2. That the City Clerk is hereby directed to provide certified copies of this Resolution to Loras Col- lege and Kirchheff Distr£buting Com- pany. Passed, approved and adopted tins 18th day of January, 1988. James E. Brady Mayor ATTEST Mary A, Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Nong Council Member Simon moved to sus- pend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brad:~ Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetherg. Naye--None~ Proof of publication, certified to by the Publisher, on Notice of Public Hearing Regular Session on proposed plans and specifications, proposed form of contract and estimate of cost for the cleaning, repairing and paintivg of the 750 MG Elevated Water Tank - College Station, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Mem- ber Simon moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Counctl'Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 13-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 2nd day of December, 1987, plans, specifications, form of contract and estimated costs were filed with the City Clerk of Du- buquq Iowa, for the Cleaning, Repairing and Painting of the 750 MG Elevated Water Tank - College Station - Dubuque, Iowo; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. ~ NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, furm of contract and estimated cost for said improvements for said project. Passed, approved and adopted tins 18th day of January, 1988. James E. Brady Mayor ATTEST Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Ktieg, Carried by the January 18, 1988 13 following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Nong Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for the above project, AND Communication of City Manager recommending awarding of contract for above and Alternative "A" be selected, presented and read. Council Member Simon moved that the proof and communication be receiv- ed and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays--Nong RI~SOLUTION NO. 14-88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the CLEANING, REPAIRING AND PAINTING OF THE 750 MG ELE- VATED WATER TANK -- COLLEGE STATION -- DUBUQUE, IOWA pur- anant to Resolution No. 340-87 and antice to bidders published in a news- paper in the City of Dubuque, Iowa on the 11th & 22nd day of December, 1987. WHEREAS, said sealed proposals were opened and read on the 7th day of January, 1988 and it has been determin- ed that the bid of Odland Protective Coatings of Blaine, Minnesota in the amount of $370,845.00 was the lowest bid for the furnishing of an labor and materials and performing the work as provided for in the plans and speelfi- cations. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- )rovement he awarded to Odiand Protec- tive Coatings and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: 14 Regular Session, January 18, 1988 That upon signing of said contract and the approval of the contractor's bond, the City q~easurar is authorized and in- structed to return the bid deposits of the unsuccessful bidders, Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTEST Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluasner, Krlag, Pratt, Simon, Voetberg. Nays-- Nona Proof of publication, certified to by the Publisher, on Notice of Public Hearing on proposed plans and specifications proposed form of contract and estimate of cost for the new Toilet Rooms, First Floor, City Hail, presented and read. There were no written objections receiv- ed and no oral objectors present at the time of the Hearing. Council Member Krieg moved that the proof of publication be received and Ill- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brad3~ Council Members Deich, Klusener, Krieg, Pratt, Simon, Vcotberg. Nays--Nona RESOLUTION NO. 15-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 2nd day of De- comber, 1987, plans, specifications, form of contract and estimated cost were iff- ed with the City Clerk of Dubuque, Iowa, for the New Toilet Rooms, First Floor, City Hall, Dubuque, Iowa; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as rs- qnired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, speciflca- tlons, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTEST Mary A, Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Ktieg, Pratt, Simon, Voetberg. Nays-- None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of bids for the above project AND Communication of City Manager rocomrsending to reject the bids receiv. ed and delay project until funding is available, presented and read. Council Member I~eg moved that the proof and communication be received and filed and resolved to rsflcct bide and delay the project until funding is available Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brad~ Council Members Deich, Kluasner, Krieg, Pratt, Simon, Voetberg. Nays--None Proof of publication, certified to by the publisher, on Notice of Public Hearing to define mini-warehousing in Section 8 and a new Section 3-3.2A of the C-2 Neighborhood Shopping Center to allow mini-warehousing as a conditional use, presented and read. There were no writ- ten objections received at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Vote on the motion was as follows: Yeas--Council Member Dcich. Nays-- Mayor Brady, Council Members Kines- nor, Krieg, Pratt, Simon, Voetberg. MO- TION FAILED. Regular Session Council Member Simon moved that this be considered the third reading and final adoption of an ORDINANCE Amending Appendix A of the Code of Ordinances by defining reini-wars- liousing in Section 8 and enacting a new Section 3-3.2A of the C-2 Neighborhood Shopping Center District to allow mini- warehousing as a conditional use with certain provisions. Seconded by Council Member Pratt. Vote on the motion was as fellers: Yeas--Council Member Deich Nays--Mayor Brady, Council Members Kluesner, Krieg, Pratt, Simon, Voetberg. MOTION FAILED -- ORDINANCE NOT ADOPTED. Proof of publication, certified to by the Publisher, on Notice of Public Hearing, to clarify setting of public Hearings pre- cedures for the Zoning Board of Adjust- ment, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Pratt moved that the proof of publication be received and fil- ed. Seconded by Council Member Simor Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluasner, Krieg, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 3-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOE ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTION 5-3.4B, 5-3.5B AND 6-2.1 AND ENACTING A NEW SECTION 5-3.4B, 5-3.5B, AND 6-2.1 IN LIEU THEREOF, BY CLARIFYING THE SETTING OF PUBLIC HEAR- INGS FOR THE ZONING BOARD OF ADJUSTMENT AND CLARIFYING THE NOTIFICATION PROCEDURE OF ADJOINING PROPERTY OWNERS FOR APPLICATIONS FOR CONDITIONAL USES, VARIANCES, AND ZONING RECLASSIFICA. TION~ said Ordinance having been presented at the Council Meeting of December 21, 1987, presented for final action. January 18, 1988 (OFFICIAL PUBLICATION) ORDINANCE NO. 3-88 15 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOE ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTION 5-3.4B, 5-3.5B, AND 6-2.1 AND ENACTING A NEW SECTION 5-3.4B, 5-3.5B, AND 6-2.1 IN LIEU THEREOF, BY CLARIFYING THE SETTING OF PUBLIC HEAR- INGS FOR THE ZONING BOARD OF ADJUSTMENT AND CLARIFYING THE NOTIFICATION PROCEDURE OF ADJOINING PROPERTY OWNERS FOR APPLICATIONS FOR CONDITIONAL USES, VARIANCES, AND ZONING RECLASSIFICA. TIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE; IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by repealing Section 5-3.4B thereof and enacting a new Section 5-3.4B in lieu thereof, as follows: 5-3 Zoning Board of Ajustment 5-3.4 Conditional Use Provisions: B. "Notice and Hearing Required: Following receipt of the completed ap- plication ~orm and any additionalinfur- mation required by the Board, the mat- ter shall be set for public hearing for the the next scheduled meeting, if adequate notification time is ovailable. The Board shall with due diligence hold a public hearing to consider the application for a Conditional Use Permit. Notice of the time and place of the public hearing shall be published in the newspaper of general circulation at least seven (7) days and not more than twenty (20) days prior to such hearing. The Board~ shall direct and re- quire verification that the applicant, or 16 Regular Session, January 18, 1988 their agent, has sent notice of the time and place d the hearing by certified mail to all owners of property within two hun- dred feet (200') of the property at which the Conditinnal Use Permit is sought." Section 2. That the Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinances and Zoning Map of the City af Dubuque, Iowa" by repealing Section 5-3.5B thereof and enacting a new Section 5-3.5B in lieu thereof, as follows: 5-3 Zoning Board of Adjustment 5-3.5 Variance Procedure B. "Notice and Meeting Requirements: Following receipt of a completed appllca- tion the Board shall, with due diligence, consider such application at a public masting. The Board shall direct and re- quire 9erification that the applicant, or their agent has sent notice of the time and place of the meeting by certified mail to dl owners of preperty within two hundred feet (200') of the property for which the variance is sought. At the public meeting, ail interested parties shall be afforded a reasonable opportun- ity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the Board;' Section 3. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by rev/sing Appendix A thereof, also known as the "zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by repealing Section 6-2.1 thereof and enacting a new Section 6-2.1 in lieu thereof, as follows: 6-2 Notice and Hearing Requirements 6-2.1 "Notice of Commission Hearings: Notice of the time and place of all public hearings to be held by the Planning Commission shall be published in a newspaper of general circulation in the City at least seven (7) days and not more /;han twenty 120) days prior to the date of the hearing. A reasonable effort shall be made to notify by mail those property owners whose property is being considered for reclassification and those adjacent owners of property within two hundred feet (200') therefrom, prior to the first public hearing in wMch the reclasaifica- tion request will be considered. Where the Commission has acted to set a public hearing on a reclassification request, the Commission shall direct and require verification that the applicant or their agent has taken respceible steps to give notice of the time, place, and subject of the hearing by certified mail to ail pro- perty owners within two hundred feet (200') of the property for which recins- sification is requested, and to the owner(s) of the property included in such request. Where no Commission hearing is held, Council shall direct and require verification that the applicant or their agent has taken responsible steps for mailing such notic~ Only one mailing shall be required in any event, and mail notice by the Coun- cil shall not be required where the Com- mission has set its own public hearing on the request. In dl cases, however, the notice shall be mailed not less than seven (7) days and not more than 20 days~ prior to the public hearing announced therein;' Section 4. That foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 25th day of January, 1988. _ Mary A. Davis City Clerk It 1/25 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriag, Pratt, Simon, Voetberg. Nays-- _.____..___~[ular Session, January 18, 1988 17 Communication of Planning and Zon- ing Commission submitting their ap- pwval recommendation on the propas- ed CR Commercial l~creation rezoning of the Burlington Northern Depot~ AND Communication of Assistant City At- tornay O'Brien forwarding opinion of the Legal Department with regard to Sec- tion 6-1.4 of the Zoning Ordinance, presented and read. Council Member Simon moved that the communicatiohs be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None~ An ORDINANCE Amending Appen- dix A of the Zoning Ordinance by reclassifying described property in the Second Street Ice Harbor Area from HI Heavy Industrial District to CR Com- mercial Recreation District, presented and read. RESOLUTION NO. 16-88 RESOLUTION OF INTENTION OF DISPOSITION OF CITY OWNED PROPERTY TO THE IOWA DEPART- MENT OF TRANSPORTATION WHEREAS, the Iowa Department of 'ltaneportation and the City of Dubuque, Iowa entered into an agreement for Freeway 561/Relocated 61 project, agree- ment identified as IDOT #73-P-024 and executed by the City of Dubuque and the Iowa Department of Transportation on March 6, 1973 and April 4, 1973; and WHEREAS, provisions of this agree- ment are that the City shall be respon- sible for providing without cost to the State all right-of-way which involves a) dedicated streets or alleys; b) other City owned properties subject to the condi- tions the State shall reimburse the City for the value of the improvements situated on such City owned property; and Council Member Simon asked that th/s 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 it is to be finally adopted be suspended and further moved that a Public Hea~ ing be held on the proposed Ordinance on the 1st day of February, 1988 in the Public Library Auditorium an~ City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers De/ch, Kluesanr, Krieg, Pratt, Simon, Voetberg, Nays--Non~ Communication of City Manager re- questing a Public Hearing be held to dispose of City owned property to IDOT and grant a temporary easement to IDOT for Relocated 61 Project, pre- sented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council member Voet- berg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None, WHEREAS, the Iowa Department of Transportation has requested the City to deed the following property to its Department for the Helocated 61 project, this property being identified as follows: "Ail that part of Lot 8 in Section 19 in Township 89 North, Range 3 East of the 5th EM., lying west of the westerly line of Pine Street extended, and north of the northerly line of Eighth Street, ex- tended until said extended lines intersect each other"; and WHEREAS, it is understood that the property will be transferred to the Iowa Department of Transportation for no payment to the City of Dubuque but that the Iowa Department of Transpo~ tafion will have the responsibility for the removal of the building and for any closure expenses associated with a well located on the site and furthermore that the City of Dubuque will retain all easements of record or ff utilities am sub- ject to be relocated they shall be relocated in accordance with the condi- tions outlined in the project agreement. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1 8 ~Session, January 18, 1988 Section 1. That the City of Dubuque intends to dispese of its interest in above described real estate to the Iowa Depart- ment of Transportation in consideration of mutual benefits of both parties. Section 2. That all existing easement of records shall remain in effect or be subject to relocations outlined in project agreement identified as IDOT #73-P-024 and considered a part hereof. Section 3. That the City Clerk be am she is bemby authorized and directed to cause a notice to be published as prescribed under Chapter 364.7 -- Disposal of Property, Code of Iowa, 1987 or as amended. Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTEST Mary A. Davis City Clerk Council Member Simon moved ado tion of the Resolution, and set this mat- ter for Public Hearing on February 1, 1988 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 Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kkiesnar, Krieg, Pratt, Simon, Voetberg. Nays--Non~ RESOLUTION NO. 17-88 RESOLUTION FOR INTENTIONS OF DISPOSING OF INTEREST IN CITY OWNED PROPERTY AND ALSO GRANTING OF TEMPO, RARY EASEMENTS TO THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the Iowa Department of ~anspa~ation and the City of Dubuque, Iowa entered into an agreement for the Freeway 561/Relocated 61 project agree- ment identified as IDOT #73-P-024 and executed by the City of Dubuque and the Iowa Department of Transportation on March 6, t973 and April 4, 1976; and WHEREAS, pmvisinns of this agree- ment are that the City shall be respon- alble for providing without cost to the State ali right-of-way which involves a) dedicated streets or alleys; b) other City owned property subject to the condition that the State shall reimburse the City for the value of the improvements situated on such City owned property; and WHEREAS, the Iowa Department of Tmnspor ration has expressed a need for and desire to acquire the following pro- perty for the Relocated 61 Project: "Part Lot 7 and part Lot 8 of Rewau's Subdivision of Mineral Lot 36, Lot 3 of Mt. Carmel Subdivision; Lot i of Lot 1 of Lot i of Sears and Roebuck Ca Sub- division Na 2; Lot 4 of Lot 1, Lot 5 of Lot 1 of Randall's Subdivision; Lot 14 of Levi's Subdivision; Lot 2 of Lot 229 and Lot 4 of Lot 229'in Union Addi- tion; South 40 feet of Lot 2 of Stout's Dubuque; and Lot 2 of Lot 3 of New- man, Cooper and Smyth's Subdivision; all in the City of Dubuque, Iowa"; and WHEREAS, the Iowa Department of Transportation is also requesting the City of Dubuque to grant temporary easements on the following described property for activities associated with the construction of the Relocated 61 pro- ject and such temporary easements am granted on the premises they shall ter- minate upon completion of the highway construction project: "From St~ 12+35 to 12+80, a strip 23 ± ExR/W to 68 ± PL feet, wide, East Side From Sra. 12+80 to 13+65, a strip 68 ± PL to 76 ± PL feet wide, East side From Sta. 13+65 to 14+00, a strip 76±PL to 25 feet wide, East side From Sts~ 14+00 to 15±95±R/W, a strip 25 to 30 feet wide, East side From Sta. 14+00 15+95±R/W, all land, west side, as measured from the center line of Mt. Carmel l%ad. From Sta. 15+44±PL to 16+00, a strip 45 to 34 feet wide, North side From Sra. 16+00 to 17+32±PL, a strip 34 to 74 feet wide, North side From Sta. 16+00 to I7+32±PL, ali land, South side, as measured from the canterilne of Valley Street extension. R__egular Session, January Frem Sta. 11+ 75 ± PL to12 + 75 ± PL a strip 65 to 40 feet wide, West side, al measured from the centerline of South- ern Avenue"; and WHEREAS, there are no improve- ments on properties to be acquired by the Iowa Department of Transportation, consequently there will be no exchange of money and the property will be deed- od to the Iowa Department of Transpor- ration in recognition of mutual benefit, and furthermore property is deeded on the condition that.all existing easements of records shall remain in effect or shall be subject to relocation as outlined in the project agreement #73-P-024. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in th~ above described real estate to the Iowa Department of Transportation and also to grant the necessary temporary ease- ments to the Iowa Department of 'lhme. portatinn hi consideration of the mutual benefits of both parties. Section 2. That all existing easements of records shall remain in effect or be subject to relocation as outlined in pro- ject agreement identified as IDOT #73-P-024 and considered a part hereof. Section 3. That the City Clerk be and she is hereby authorized and directed to cause a notice to be published as pre- scribed under Chapter 364.7 - Disposal of Property · Code of Iowa, 1987 or as amended. Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTEST Mary A. Davis City Clerk Counall Member Simon moved adop- tion of the Resolution and set the mat- ter for Public Hearing on February 1, 1988 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 18, 1988 19 Vsotberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nonn Judie Fjellman and Walter Pregler of the "Citizens for Dubuque" Committee submitted a verbal report and update regarding the 1% Local Option Sales and Service Tax. Mr. Tom Jones, the author working on a book with its basis in Dubuque, ad- dressed the Council as to his happenings since leaving the City several months Communication of Frank Bertech te address the Council and present informa- tion regarding the Four Mounds Park, ~resented and read. Mr. Bertech requested the Council con· sider deeding the property rather than leasing. Doug Hendry suggested dedi- cating the property to the State in Preserve Fund. Jerry Snapp of the IA National Heritage Foundation spoke to the matter. Gene Thompson, Chairpe~ son of the Park and Recreation Commis- sion, stated their beingin favor of a long term lease~ Communication of Park and Recreation Commission submitting their recom- mendation regarding the Four Mounds Park, presented and read. Council Member Simon moved that they receive and file the communication and work out long term lease with the Legal Staff. Seconded by Council Mem- ber Voetberg. Carried by the following vote: Yeas--Mayor Bracly, Council Mem- bers Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending a CEBA Program ap- pllcatinn to IA Development Commie- sion, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Coundl Member Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Norm Abstain--Council Member Deich. 20 Regular Session RESOLUTION NO. 18-88 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT AC- COUNT GRANT APPLICATION ON BEHALF OF ADVANCED DATA-COMM, INC. WHEREAS, Advanced Date-Corem, Inc has proposed the location of its telemarketing operations in Dubuque; and WHEREAS, the City Council of Dubuque, Iowa has considered said pro- posal and has determined that it will contribute to the local economy; and WHEREAS, the Community Eco- nomic Betterment Account (CEBA) pro- gram has been created by the Iowa Department of Economic Development to assist in the economic development ef- forts df local jurisdictions; and WHEREAS, the City of Dubuque, Iowa is eligible to apply for funding from the Community Economic Betterment Account program as defined in House File 225, Acts of the 71st General Assembly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tho filing of an applica- tion for participation in tho Iowa Com- munity Economic Betterment Account program in behalf ef Advanced Data- Corem, In~ is approved. Section 2. That the City Manager be and he is hereby authorized to submit said application to the State of Iowa Development Commission together with such documents as may be reqnimd. Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATI~E Sql. Mary A. Davis Clty Clerk Council Member Kluesner moved adoption of the Resalution. Seconded by January 18, 1988 Council Member Simon. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Klueaner, Krieg, Pratt, Simon, Voetberg. Nays--None. Ab- stain--Council Member Deich. Communication of City Manager re- questing Mayor be authorized to execute Agreement between City of Dubuque and A.Y. McDonald Mfg. Co., presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voctberg. Nays--Nona RESOLUTION NO. 19-88 RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF DUBUQUE AND A.Y. MCDONALD MFG. CO. REGARDING PAYMENT IN LIEU OF TAXES AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE. WHEREAS, the City of Dubuque and A.Y. McDonald Mfg. Ca entered into an Urban Development Action Grant (UDAG) Loan Agreement on the 23rd day of August, 1982; and WHEREAS, with respect to Para- graph 3.18 of the Loan Agreement, the Company agrees that it win pay such property taxes as may be levied upon its new manufacturing plant and associated property, or to make other payment in lieu of taxes such that its total payments in any fiscal year shall not be less than payable by the Company for mai estate and personal property taxes payable in September 1982 and March 1983 in the amount of $118,000 on the properties ex- cinsive of the real estate taxes on the Dubuque Branch Wholesale Division; and WHEREAS, the City of Dubuque and A.Y. McDonald Manufacturing Co., stipulate and agree that the balance to be paid by A.Y. McDonald Mfg. Ca, in lieu of taxes is the sum of $44,312.00. -------- Reqular Session, January 18, 1988 21 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Memo- randum of Agreement between the City of Dubuque and A.Y. McDonald Mfg., Ca regarding payment in lieu of taxes is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City of Dubuque, Iowa; Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of tho Resolution. Seconded by Council Member Klucener. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kinesnar, Ktieg, Pratt, Simon, Voetberg. Nays-- Nong Communication of City Manager sub- mitting an Ordinance deleting an ob- solete section from Dubuque Oode of O~ dinanese relating to the disposition of certain animals running at-large, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Rluse- net. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Vnethe~'g. Nays--Nona ORDINANCE NO. 4-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 7-3 THERE- OF REGULATING THE DISPOSI- TION OF ANIMALS RUNNING AT LARGE, presented and read. IoFFICIAL PUBLICATIONt ORDINANCE NO. 4-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 7-3 THERE- OF REGULATING THE DISPOSI- TION OF ANIMALS RUNNING AT- LARGE. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Section %3 thereof, Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTE Sql. Mary A. Davis City Clerk Published officially in the %legraph Herald newspaper this 25th day of January, 1988. Mary A. Davis City Clerk It 1/25 Council Member Simon moved that tMs 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 it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kinsener, Krieg, Pratt, Simon, Voetberg. Nays--Nona Communication of Corporation Counsel submitting information can- cerning Code of Ordinances Section 2-41(t) Method of Voting (deferred from meeting of 12-21-8% presented and road. Council Member Krieg moved that the communication be received and filed and approved "Option 'D~ "to be referred to Staff and written up for further con- alderation. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetherg. Nays--Nong 22 Regular Session January 18, 1988 Communication of Mayor Brady ciari- flying misunderstanding of DMATS t~uorum. Council Member Krieg moved at the communication be received and flied. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays--None~ Council Member Deich gave an oral report on the National League of Cities Fall Meeting held in December. BOARD & COMMISSIONS -- BOARD OF ELECTRICAL EXAM- INERS -- One unexpired term which will expire 7-12-8~ (Term of O. Lesser); Applicant(s) - (Must be Maintenance Electrician): Mark E. Bendl~ Council Member Khiesner moved that Mr. Beadle be appointed. Se~6nded bY C°un' cil Member K .~,on. Carried b~/the follow- lng v0t~: yeas-Mayor Brady, COuncil Members Dcich, Klhesner, Ky. leg, l~att, Slm0 , yo b?rg. Naye-No e "bb K' BOARD -- Terms wMch will expire 11-26-90 - Terms Gilloon Gilloe,n III and Thqmas Kotech ap- Board whicl? ~,iil ~xpire 11-26;90, HUMAN RIGHTS COMMISSION ~ Communication of Norm Freund withdrawing his application for appetet- m0nt :tO Human Rights Commission. Communication of, Mary Richards sup- porting the applications of Paul Healey and' Kenneth,.Hindman to Human Rights Commission and Communication o~ Kenneth !Hlndman expressing 'ap- preciatidn for'tbe' support of the Citg Council regurding~the .Human Rights Commission, presented and read. ~ Council Member Simon moved that the communications be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krleg, Pratt, Simon, Vcetberg. Nays--None VACANCIES ON COMMISSION: 3 - Three year terms which will expire January 1, 1991 (Terms of K. Hindman, R. Bink & R. Robbins); One Unexpired term which will expire 1-1-89 (Term of DJ Vcetberg). APPLICANTS: Paul Healey, Kenneth Hindman, James C. Jayenx/ Rebecca Robbins. Vote on the appqi~t- merits was as follows: Mayor Br~dy~ voted for Healey, Hindman & Jaycox; Council Member Deich voted for Hind- man, Jaycox & Rebhins; Council Mem- ber Kluesner voted for Hindman, Jaycox & Robbins; Council Member Ktieg voted for Hindman, Jaycox & Robbins; Coun- cji Member Pratt voted for Hindman Jaycox ~ Robbins; Council M~mber Siin6n ~v0ted for Hindman, jaycox &' Robbins; Council Member 'Voetberg voted for Hindman, Jaycox & Robbins~~ Therefore K. Hindman and R. Rebhins reappointed and J. daycox appointed to three year term on the Human Rights Commission for three year ~erms which will expire January 1. 19'91. Council Member Simon m0~¢d that Paul Healey be ~ppointed tO the hnex- pired term which will expike January 1, 1989. Seconded by Council Member Pra~t~ Carried by ~he following vo~e: Yea~-~Mayor Brady, Council Members Deich, Kluesner. Krieg, Pratt, Simon. Vo. etberg, Nays-Nen~ Loras College requesting fo transfer their Beer Permit to Graber Center on January 22. 1988 AND Betty & Nick's requesting permanent transfer of their Liqd0~ LiCense from 342 W~st 8th gt. tb 1007 l~ain St., presented and r~id. Coupcil Mem~r Krieg moved t~ia~ the transfers be 'a~proved. Sec,ended by Council Memb~el: Simon. carried by ~he' following vote: ~ens--Mayor Brady, Council,Members Deich,. K[uesner, Krieg, Pratt, Simon, Voetberg. Nays-- Regular Session, January 18, 1988 23 RESOLUTION NO. 20-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowo. that the renewing having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iow% be granted a permit to sell Cigaret- tee and Cigarette Papers within said City. Jim Wcitz, PJ's 500 Rhomberg Ave. Passed approved and adopted this 18th day of January 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None RESOLUTION NO. 21-88 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied 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 RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued tO the following named applicant(s) a Liquor CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Jim Waltz, PJ's 500 Rhomberg Ave~ (Roger H. Kunde & Steve Simon) Gomers, Inc. 1105 University Ave. Robert P. Spiegelhalter Club House 2364 Washington St. Passed approved and adopted this 18th day of January 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueener, Krieg, Pratt, Simon, Voetberg. Nays-- Nona Printed Council Proceedings for the month of July, 1987 presented for Coun- cil approved. Council Member Deich moved that the proceedings be approv- ed as printed. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Historic Preservation Connnission of 12-22; Plan- ning and Zoning Commission of 1-6; Public Library of 12-22; Transit Trustee Board of 12-22, presented and read. Council Member Dcich moved that the minutes be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Nong NOTICES OF CLAIMS AND SUITS: Judith Baler in unknown amount for personal injuries; St. Paul Fire & Marine Insurance Ca on behalf et James Sink, in unknown amount, for personal injuries; Michael Spahn in estimated amount of $452.23 for car damages; State Farm Mutual Automo- bile Insurance Cg, William Wright and Mary Wright vs. City of Dubuque in unknown amount for car damages; Terry Sullivan in unknown amount for per- sonal injuries; Robert Tauke in amount of $75 for property damages; Ruth Tim- merman in est. amount of $90.79 for car damages, presented and read. Council Member Deich moved that the claims and suits be referred to the Legal 1 4 Regular Session, staff for investigation and report. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Memben Klueaner, Krleg, Pratt, Simon, Voetberg. Nays--None Communication of Corporation Counsel recommending closure of Subrogation Claim of American Family Insurance for Ray Sanger; Car damage claim of James & Kay Buelow; Slip and fail claim of Marele Kohlanberg; Fo]ce ar- rest claim of James LaPage; Bicycle ac- cidant claim of Theresa Mueller; Car damage claim of J. Thomas Zaber, presented and read. Council Member Deich moved that the communications be received and filed and dispositions approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueanec, Krieg~ Pratt, Simon, Voctberg. Nays-- None Proof of publication, certified to by the Publisher, on List of Claims for month of November, 1987 AND Commudica. tion of City Manager submitting Finan- cial Beporte for the month of 1987 presented and read. Council Member Deich moved that the proof and communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council M~mbers Deich, Kluesner, Krleg, Pratt, Simon, Voetberg. Nays--None REFUNDS REQUESTED: Thomas Gante and Allen Tigges, $50.00 on unex- pired Cigarette License; Eagle Food Center #130, $225.00 and Eagle Food Center #420, $75.00 on unexpired Beer Permits, presented and read. Council Member Dcich moved ap- provai of the refunds and directed the NAME AND ADDRESS Mary O. Come (Owner) 1460 Miller Road 18, 1988 Finance D/rector to issue proper checks. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members De/ch, Kfueaner, Kreig, Pratt, Simon, Voetberg. Nays--None Communication of City Manager sub- mitting delinquent refuse collection accounts, presented read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kfueaner, Krieg, Pratt, Simon, Voetberg. Nays--None RESOLUTION NO. 22-88 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELIN- QUENT GARBAGE AND REFUSE COLLECTION ACCOUNTS IN AC- CORDANCE WITH SECTION 17-37 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. WHEREAS, City garbage and refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque~ Iowa, is mandatory; and WHEREAS, as of December 31st of each year, delinquent garbage and refuse collection charges shall be certified by the City Clerk to the Dubuque County T£easurer for collection with, and in the same manner as, genersl property taxes; NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tho persons named hereinunder, owning the property thereby set furth, are delinquent in the payment of refuse collection charges in the amount set aside of the name PROPERTY DESCRIPTION AMOUNT Mineral Lot 499 $218.76 Regular Session, January 18, 1988 NAME AND ADDRESS Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Tceaanrer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the pay. ment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the fullowing vote: Yeas--Mayor Brady, Council Members Deich, Kluasner, Krieg, Pratt, Simon, Voetberg. Nays-- None Communication of C~ty Manager sub- mitring delinquent Sewer CoHectlon Ac- counts, presented and read. Council Member Delch moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. NAME AND ADDRESS Mary O. Corall 25 RESOLUTION NO. 23-88 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORD. ANCE WITH SECTIONS 36.55 AND 36-59 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. WHEREAS, Section 36-55 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentels upon all lots, parcels or real estate and bufldinge that are connected directly or indirectly with the sanitary sewer system; and WHEREAS, Section 36-59 of the Code of Ordinances provides that the City shall have a lien upon the mai pro- perty served by the sanitary system for all delinquent rates and charges; and WHEREAS, delinquent sewer charges shall be certified, as of December 31st of each year, by the City Clerk to the Dubuque County Treasurer for co~cetion with, and in the same manner as, general property taxes; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the person named hereinafter, owning the following de- scribed property, has unpaid sewer charges in the amount set out, and that said charges are delinquent. (Owner} PROPERTY DESCRIPTION AMOUNT Lot 1-1-1-2-1-1-1-1.1.1.1 Pee $348.78 Mineral Lo~ 499 Penalty268.28 PROPERTY DESCRIPTION AMOUNT Lot 2-1-1-1-2-3 Mineral Lot 219 $221.94 Lot 2-2-1-2-1.1-2 Mineral Lot 220 Sub Lot 1 of Min Lot 238 Pt Lot 1 $221.94 (PT 1 of 1 of Min Lot 238) Lot 2-2-3 Lot 1-2 of 1-1-3 $125.04 of N 1/2 of SE 1/4 of NW 1/4 Sec 12 T 89 N-R2 East Lo~ 2-1-1-1-1.1.1 of ML 232 $243.99 26 _Regular Session Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa; that the person named herein is delinquent in the payment of sewer charges in the amount set aside of the name, and that said delinquent ~wer charges shah be collected in the same manner as general property taxes against the respective parcels of proper- ty set opposite the name of the pmpar~ Section 3. That the delinquent sewer charges be and the same shall be col- lested with, and in the same manner as, general property t~xes as provided by law. Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTES~ Mary A, Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voctberg. Nays-- Nan~ Communication of City Manager sub- mltting Fiscal Year 1987 Audit Reports, presented and read. Council Member Daich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Communication of Assistant City At- tornay O'Brien requesting ratification of certain changes requested by TCI and approval of an amendment to the Lease, presented and read. Council Member Deich moved that the communication be received and filed and approved amendment. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, January 18, 1988 Krieg, Pratt, Simon, Voctberg. Nays-- Communication of Corporation Coun- sel Lindahl recommending closure of tar on car claim of Jim Brimeyer; Slip and fall claim of Mary Johns; Car damage claim of Gene Wiederholt, presented and read. Council Member Deich moved that the communications be received and filed and recommendations approved. Second- ed by Council Member Simon. Carried by the following vote: Yens--Mayor Brady, Council Members Deich, Klues- net, Krieg, Pratt, Simon, Voctberg. Nays--None. Communication of Corporation Coun- sel Lindahl recommending denials of subrogation notice regarding auto acci- dent claim by American Family Insur~ ance for Patrick and Vicky Ellis; Slip and Fail claim of John and Connie Noel for their son Timothy; Mud on car claim of Carole Snodgrase, presented and read. Council Member Delch moved that the communications be received and filed and denials approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Pratt, Simon, Voctberg. Nays-- Non~ Communication of City Manager sub- mitting Resolution to clarify issues on easements and restrictions on property sold to Klauer Mfg. Ca, presented and read. Council Member Deich moved that tho communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 24-88 WHEREAS, pursuant to Resolution No. 295-87, a published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation, published in the City of Dubuque, Iowa, on October 23, 1987, the City Council of the City of Dubuque, Regular Session Iowa, met on November 2, 1987, at 7:30 p.m. in the public library auditorium for the purpose, among others, of consider- lng a release of easements and removal of restrictions reserved and contained in a certain Deed from the City of Du- buque, Iowa, to Klauer Manufacturing Company, executed and delivered pur- suant to Resolution Nc~ 91-85, and which Deed was dated April 15, 1985, and recorded on August 14, 1985, as Instru- ment N~x 6727-85 in the office of the County Recorder, Dubuque County, Iowa; and WHEREAS, the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposed release of easements and removal of restrictions associated with said Deed and thereupon adopted Resolution No. 304-87; and WHEREAS, Klauer Manufacturing Company proposes to grant to the City of Dubuque a new 30' wide utility ease- ment across Lot 9, Block 1 in River Front Subdivision No. 5 and across a portion of the property covered by said Quit Claim Deed and also proposes to grant an enlarged sanitary sewer ease- ment across Lot 2 of Lot i of Lot 1 of Lot I in Block I in "River Front Sub- division No. 5;" and WHEREAS, it now appears that Resolution N~x 304-87 is ambiguous and should be clarified as to the easements released and restrictions removed. NOW, THEREFORE, be it resolved that the following easements and restric- tions set forth in City Resolution Nb 91-85 and reflected and incorporated in the aforesaid Quit Claim Deed from the City of Dubuque to Klaner Manufactur- ing Company IWhich Deed is recorded as Instrument Na 6727-85, office of the Dubuque County, Iowa, Recorder) with respect to the property conveyed, are hereby released, cancelled and abandon- ed and are of no further force and effect: The reserved easement and right of entry to maintain, repair or operate, patrol and replace existing flood control levee and an appurtenances therctc~ and also the easement to clear, cut, fill, remove and dispose of any and all timbers, January 18, 1988 27 trees, underbrush, buildings, improvements and other ob- structions therefrom. (b) Restrictions on construction or operation of any structure or machinery and restrictions on excavations or any changes in the levee and Klauer Manufac- toring Company is free to con- struct the proposed building pursuant to plans submitted to the City of Dubuque and lo- cated as shown in the shaded gray area on the attached Ex- hibit "A:' (c) The 30' wide easement for city well water under and across the property transferred by said Quit Claim Deed, which is located directly below the build- lng proposed to be constructed by Klaner Manufacturing Com- pany, which easement area is outlined on the attached Ex- hibit 'W' in the color red and marked "Vacated City Well EasementY The provisions of this Resolution shall supersede the provisions of Resolution 304-87. The Mayor and the City Clerk are authorized to execute on behalf of the City of Dubuque, Iowa, appropriate in- struments of transfer to Klaner Manu- facturing Company to effectuate the foregoing release of easements and building limitations. Nothing herein shah be deemed to release or abandon the e~isting reserved and recorded easement for sanitary sewer across said Lot 2 of Lot i of Lot 1 of Lot 1 in Block 1 in "River Front Subdivision N(x 5." Further, nothing herein shah be con- strand to affect the conditions set forth in the aforesaid Quit Claim Deed, record- ed as Instrument N~ 6727-85, pertain- tog to the fence erection by Klauer Manufacturing Company. The City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the office of the City Assessor, Dubuque County, Iowa, and 28 Regular Session January 18, 1988 the office of the County Recorder and County Treasurer. Passed, approved and adopted this 18th day of January, 1988. James E, Brady Mayor ATTES~ Mary A Davis City Clerk Council member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesne~ Krieg, Pratt, Simon, Voetberg. Nays-- None Communication of City Manager recommending acceptance of construc- tion contract for the Pennsylvania Ave. Storm Sewer between John E Kennedy Road and Bies Drive, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 25-88 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Pennsylvania Avenue Storm Sewer has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approv- ed 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 to the contractor from the General Obligation Bonds and the Street Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 18th day of January, 1988. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Non~ RESOLUTION NO. 26-88 FINAL ESTIMATE WHEREAS, the contract for the Pennsylvania Avenue Storm Sewer has been completed and the City Engineer has submitted his final estimate show- lng the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the cost of said im- provement is hereby determined to be $71,722.73 and that said amount shall be paid from the General Obligation Bonds and the Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted, this 18th day of January, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the l~solution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Pratt, Simon, Voetborg. Nays-- Nona There being no further business, _Regular Session Council Member Pratt moved to adjourn the meeting. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deice Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nona Meeting adjourned at 11:00 PM. Mary A. Davis City Clerk Approved__ __ 1988 Adopted __ 1988 Mayor Council Members ATTESt. City Clerk January 18, 1988 29