The URL can be used to link to this page

1988 June Council Proceedings183 Regular Session, May 16, 1988 WHEREAS, an ad hoc Environmen- ta! Review Committee on May 9, 1988 has after due conalderatlon made a dete~- ruination that the project is not a ma- jot Federal action significantly affecting the quality of the human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is herby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. The Mctrix Company Section 2. That the City af Dubuque hereby declares its intent to adopt a resolution at its meeting of June 6, 1988 authorizing the submission of a request to the U.S. Department of Housing and Community Development to undertake the project. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Mpmber Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Heakmann, Pratt, Simon, Voetberg. Nays--None. Communication of State of Iowa Dept. af Economic Development CEBA Pro- ject Review Committee advising of denial of application for The Metrix C(~, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--Nona There being no further business. Coun- cil Member Pratt moved to adjourn the meeting. Seconded by Council Member )eich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heakmann. Pratt, Simon, Voctberg. Nays--None. Meeting adjourned at 9:46 PM. Mary A. Davis City Clerk Approved _ Adopted Mayor Council Members X_TTE Sq!. City Clerk _1988 1986 Regular Sessior CITY COUNCIL OFFICIAL Regular Session, June 6, 1988 Council Met at 7:30 p.m., at the Public Library Auditorium Present--Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg, City Manager W. Ken~ neth Gem'bart, Corporation Counsel Barry A: Lindahl. Mayor Brady read the call and stated this session is THE REGULAR SES- SION of the City Council called for the purpose to act upon such business which may properly come before the Council. Council Member Simon moved to sus- pend the rules to allow anyone present to address ti~e CounciI if they should so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Brady, Council Members Delch, Khiesner, Heckmann, Pratt, Simon, Voctberg. Nays--None. Proof of publication, certified teby the Publisher, on Notice of Pnblic Hearing to rezone property at 3051, 3055, 3077 Brunskill Road; Petition containing 57 signatures objecting to changing the R-1 Zoning presently in existence on the pro- perties at 3051, 3055, and 3077 Brunskili Rd.; Petition of Mr. and Mrs/Kenneth ThilI objecting to rezoning of the proper- ties from 3051-3061 etc. Brunskill Rd. from Residential to Commercial Service, presented and read. ~Council Member Heckmann moved that the proof and petitions be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voctberg. Nays--None. Randy Mills, John Herrig, requested rezoning. Bill Herrig and Joan Herrig of 2855 Brunskili, objected to proposed rezoning. An ORDINANCE amending Zoning Ordinance by reclassifying property at 3051, 3055 and 3077 Brunsklil Read from R-L Single-Family Residential , June 6,1988 184 District to CS Commercial Service and Wholesale District (lst reading given on 5-20-88), presented for final action. Coun- cfi Member Simon moved that the re- qnimment that a proposed Ordinance be considered and voted on for passage at two meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop~- tion of the Ordinance. Seconded by Council Member Pratt. Vote on the mo- tion was as follows: Yeas--None. Nays-- Council Members Deich, Kinesner, Heckmann, Pratt, Simon, Voetberg. MO- TION FAILED., Council Member Heckmann moved that the matter be tabled until M~; Mills presents this matter to the Zoning Bd. of Adjustment and this Council finds a continuous lawful use. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Voetberg. Nays--Council Members Kinesner, Simon. Council Recessed at 8:52 p.m. Council reconvened at 9:00 p.m. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone property located north of Raven Oaks Drive, presented and read, There were no written objections receiv- ed and no oral objectors present at the ;ime of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner,' Heckmann, Pratt, Simon, Voctberg. Nays--None ORDINANCE NO. 29-88 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 THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE OF THE CITY OF DU- BUQUE, IOWA" BY RECLASSIFY lNG HEREINAFTER DESCRIBED PROPERTY NORTH OF RAVEN OAKS DRIVE FROM PR PLANNED 185 Regular Session, June 6, 1988 RESIDENTIAL DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of May 16, 1988, presented Ior final action. ]OFFICIAL PUBLICATION) ORDINANCE NO. 29-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, 'PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A THEREOE ALSO KNOWN AS THE "ZONING OR- DINANCE OF THE CITY OF DUBU- QUE, IOW,~", BY RECLASSIFYING HEREINAFTER DESCRIBED PRO- PERTY NORTH OF RAVEN OAKS DRIVE FROM PR PLANNED RESIDENTIAL DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance of the City of Dubuque, Iowa", to reclassify hereinafter described property from "PR Planned Residential District" to "R-4 Multi4amily Residential District;' to wit: Lot 1 of the Sub of Lot 1 of Lot 1, and Lot 3 of the Sub of Lot 2 of Lot 1, both in "Raven Oaks" and to the center line af the ad- joining public right-of-way, ail in the City of Dubuque, Iowa Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City oI Dubuque, Iowa. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis CYlty Clerk Published officially in the Telegraph Herald newspaper this 10th day of June, 1988. Mary A. Davis City Clerk It 6/10 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on a Conceptual Development Plan for the Xavier Park ID Institutional Dis- trict, presented and read. There were no written objections received and no oral objectors present at the time af the Hearing. Attorney A1 Hughes, represent- lng George & Gary Kennedy ]owners of Xavier Park) requested approval of the Development Plan. Council Member Kluesner moved that the proof of publication be received and filed. Seco~ided by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--Nona ORDINANCE NO. 30-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX "A' THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA", BY APPROVING A CONCEPTUAL DEVELOPMENT PLAN FOR THE XAVIER PARK ID INSTITUTIONAL DISTRICT, said ordinance having been previously presented and read at the Council Meeting of May 16, 1988, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 30-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING Regular Session, APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR- DINANCE OF THE CITY OF DU- BUQUE, IOWA", BY APPROVING A CONCEPTUAL DEVELOPMENT pLAN FOR THE XAVIER PARK ID INSTITUTIONAL DISTRICT. WHEREAS, the Kennedy Construc- tion Company, owner and applicant, fded an application for a conceptual develop- ment plan for certain properties here- inafter described in accordance with pro- visions of the ID Institutional District Regniations as set fortl~ i~n Section 3-5,2 af the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hear~g on said Conceptual Development Plan pur- suant to required published notice; and WHEREAS, the Planning and Zoning Commission has approved said concep- tuai development plan subject to specific conditions and restrictions, having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-5.2 D(4) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS~ the Planning and Zoning Commission recommended the concur- fence of the City Council and approval of said conceptual development plan; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and held its own public hearing on said con- ceptual development plan pursuant to re- qnired published notice; and WHEREAS, the City Council has ap- proved said conceptual development plan subject to the same specific condi- tions and restrictions. NOW, THEREFORE~ BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accomplish the purposes of the "ID Institutional District" of the Zoning Ordinance of the City af Dubuque, Iowa, the conceptual June 6, 1988 186 development plan for Xavier Park, a copy of which is at~ached to and made a part hereof, is hereby adopted and ap- proved for the following described pro- perty, to wit: Lot 6 of "Stonehiil Community Subdivision No. 1" and to the center llne of the adjoining public right of way, ail in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the "ID Institutional District" and of the Zoning Ordinance, the property herainabove described is subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above described ID In- stitutional District: 1. Principal Permitted Uses shall be limited to a single, multi-family building containing a maximum 80 apartment units for the elderly [3] and general of- rices for social and human services related to elderly, handicapped, or low in- come persons. 2. Accessory Uses: The following uses shall be permitted as accessory uses in the above described ID Institutional District provided the uses are located eh- tirely within the principal building: (a) Medical office/clinic [36] (b) Personal services [14] (c) Barber mad beauty shops [16] (d) Drug store/health care supplies [17] (e) Laundry/dry cleaner [19] (9 Laundromat [22] (g) Grocery store [17] (h) Restaurants or cafeterias; flower shops; gift shops; can- dy, cigar or magazine stands [171 (i) Churches [7] (j) All of the uses customarily incidental to the principal permitted use in conjunction with such accessory use is operated or maintained, but not to include commercial uses outside the principal building 187 Regular Session, June 6, 1988 B. Lot and Bulk Regulations. The ex- isling building shall not be enlarged or expanded. C. pavklng Requirement. The off-street parking requirements for the principal permitted uses and accessory uses for the hereinabove described ID Institutional District shall be designated by the bracket enclosed number next to the use, as described in Section 4-2.7 of the Zon- lng Ordinance of the City of Dubuque, Iowa. D. Time. The conceptual development plan, with the project time table as sub- mitred, shall be valid for a period of five years provided that Phase I be commenc- ed within one year of the date of approval. E. Transfer of Ownership. Transfer of ownership or lease of property in this ID Institutional District shall include in tho transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald this 10th day of June, 1988. Mary A. Davis City Clerk It 6/10 Council Member Kinesner moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner Heckmann, Pratt, Simon, Voetberg. Nays--None. proof of t;ubllcation, certified to by the Publisher, on Notice 'of Public Hearing the Conceptual Development Plan for the University of Dubuque; Communications of Joesph A. Collins and Mr. and Mrs. Ralph B. Tritsch requesting Council to deny request of University of Dubuque for amendment to their Conceptual Development Plan, presented and read. Council Member Kluesne~ moved that the proof of publication and commuuica- tions be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesnar, Heckmann, Pratt, Simon, Voetherg. Nays--Couneil Member Delch. Jim Koopman of the University of Dubuque, clarified specifics of the pro- posal and requested approval. Attorney Gen Conrardy, representing Joseph Col- lins, objected to p~posed parking lots and Leala Kircber, also stated specific objection. ORDINANCE NO, 31-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX "A" THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE OF IOWA", BY APPROVING AN AMENDMENT TO THE CONCEPTUAL DEVELOP- MENT PLAN FOR THE UNIVER- SITY OF DUBUQUE ID INSTITU- TIONAL DISTRICT, said Ordinance having been previously presented and read at the Council Meeting of May 16, 1988, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 31-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING ' THE CODE OF ORDINANCE~ CITY OF DUBUQUE, IOWA, BE ~MENDED BY REVISING APPEN- DIX A THEREOE ALSO KNOWN AS THE "ZONING ORDINANCE OF THE CIq~ OF DUBUQUE, IOWA, B APPROVING AN AMENDMENT TO THE CONCEPTUAL DEVELOP- MENT PLAN FOR THE UNIVER- SITY OF DUBUQUE ID INSTITU- TIONAL DISTRICT. WHEREAS, the University of Du- buque, owner and applicant, has filed an amendment to the Conceptual Develop- Plan for certain properties hare- inaf~er described in accordance with pro- visions of the ID Institutional District regulations as set forth in Section 3-5.2 of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Regular Session WHEREAS, the Planning and Zoning Commission has held a public hearing on said amended Conceptual Development Plan pursuant to required published notice; WHEREAS, the Planning and Zaning Commission recommended the concur- rence of the City Council and approval of specific conditions and restrictions, hav- ing found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-5.2(D4) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commlseion recommended the occur- fence of the City Council and approval of said amended Conceptual Development Plan; and WHEREAS~ the City Council has received the receommendation of the Planning and Zoning Canuniseion and held its own public hearing on said amended Conceptual Development Plan pursuant to m~tnired published notice; and WHEREAS, the City Council has ap- proved said amended Conceptual Development: Plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT OP~ DAINED BY'THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accomplish the purposes of the "ID Institutional District" of the Zoning Ordinance of the City of Dubuque, Iowa; the amended Con- ceptual Development Plan for the Unive~ sity of Dubuque, a copy of which is at- tached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 of the East 75.6' of the North ¼ of Lot 10, Lot 2 of Lot ~ 2 of Lot I of the South ¼ of Lot 10, Lot 1 of Lot 1 hf Lot 1 of the South ¼ of Lot 10, Lot 2 of Lot i of Lot 1 of the South ¼ of Lot 10 and Lot 1 of Lot 2 of Lot 1 of the South ¼ of Lot 10, the South ¼ of the East 57.82' of Lot 11, the South ¼ of the East 50' of the West 80.12' of Lot 11, the South , June 6, 1988 188 ¼ of the East 50' of the West 62.06 of the West 118' of Lot 12 and the West 6' of the South ¼ of the East 56' of the West 118' of Lot 12, the South 128' of the East 37.49' of Lot 13 and the South 128' of the West 12.06' of the West 62.06' of the West 118' of Lot 13, the North 140' of the West 12.06' of the West 62.06' of the West 118~ of Lot 12 and the North 140' of the East 37.49' of Lot 13, the South ¼ of the East 50' of the West 100' of Lot 13, the North ¼ of the West 50' of the West 100' of Lot 13, Lot 2 of Lot 15, Lot 1of Lot 1 of Lot 1 of Lot 15, Lot 2 of Lot 1 of Lot i of Lot 15, Lot 2 of Lot 1 of Lot 16, Lot i of Lot 1 of Lot 16. Lot 2 of Lot 2 of Lot 1 of Lot 15, Lot 1 of Lot 2 of Lot 1 of Lot 15, Lot 1 of Lot 2 of Lot 16, Lot 2 of Lot 2 of Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot 1 of Lot 17, Lot i of Lot 2 of Lot 17, Lot 2 of Lot 2 of Lot 17, Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 18, Lot 2 of Lot 1 of Lot 1 of Lot 18, the South ¼ of Lot 1 of Lot 14, Lot 2 of Lot 1 of Lot 2 of Lot 14, Lot 2 of Lot 2 of Lot 14, Lot 1 of Lot i of Lot 2 of Lot 14, the East 50' of the South ¼ of the East 56' of the West 118' of Lot 12, Lot 2 of Lot 1 of Lot 1 of Lot i of Lot 18, the West 62.34' of the North ¼ of Lot 10, the North 134' of the North 168' of the West 30.32' of the West 80.12' of Lot 11, the North 134' of the North 168' of the East 19.88' of Lot 12, the North ¼ of the East 50' of the West 62.06' of the West 118' of Lot 12, the North ¼ of the East 50' of the West 100' of Lot 13, the North ¼ of Lot 1 of Lot 14, the South ¼ of the West 50' of the West 100' of Lot 13, the South 34' of the North 168' of the East 19.88' of Lot 12, the South 100' of the East 19.88' of Lot 12, the South 34' of the North 168' of the West 30.12' of the West 80.12' of Lot 11, and the South 100' of the West 30.32' of the West 80.12' of Lot 11, all in Ann O'Hare's Sub- division; Lot 2 of Lot 1, Lot 1 of Lot I of Lot 1 of Lot 1, Lot 2 of Lot l of Lot l of Lot l, all in Cain's Subdivision #2; Lot 2 of Lot 71 and Lot 2 of Lot 70, Lot 2 of 189 Regular Session, June 6, 1988 Lot 64, Lot 31 and Lot 32, all in · Finley, Waples, and Burton Addi- tion; Lot 9, Lot 8, Lot 7, Lot 1, Lot 2, Lot 3, all in Herhet's Subdivi- sion; Lot 2, Lot 1, Lot 3, all in Herbst's University Avenue Place; the North ¥~ of the East 57.82' of Lot 11, the North V2 of the East 50' of the West 80.12' of Lot II, the East 50' of the North 1/2 of the East 56' of tbe West 118' of Lot 12 and the West 6' of'the North V2 of the East 56' of the West 118' of Lot 12, all in Ann O~Hare's Sub- division; Lot 5 and Lot 2 of Lot 2 of Lot i of Lot 6 of I-Iantelmann's Subdivision; Lot I and Lot 10 of Kuehnle Heights; Lot 2 of Lot 1 of Lot 2'of Mineral Lot 156 and Lot 1 of Lot 1 of Lot 2 of Mineral Lot 156; Lot 28 and and Lot 29 and LOt 30, LOt 6, Lot 41, Lot 27, Lot 31, LOt 32, LOt 33, LOt 34, Lot 2 of LOt 35, LOt 2 of Lot 1 of LOt 35, Lot 1 of Lot i of Lot 35, Lot 1 of Lot 36, Lot 2 of Lot 36, Lot 1 of Lot 37, Lot 2 of Lot 37, Lot 1 of Lot 38, Lot 2 of Lot 38, Lot i of Lot A, Lot 2 of Lot A, Lot 39, Lot I of Lot 40, Lot 2 of Lot 40, Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 1 of Lot 24, allin Reche's Subdivi- sinr; Lot 1 through LOt 17 and Lot 17A and Lot 17B, ag in Reche's Subdivision #2; Lot 1 of Lot 1 of Steffen's Place; Lot 25 and Lot 26 of Reche's Subdivision; all in the City of Dubuque~ Iowa. Section 2. That in order to accomplish the purposes .of the "ID Institutional District" and of the Zoning Ordinance, the prop~'ty herein above described is subject to the following conditions and restrictions: A. Use Regulations. Tho fogowing regulations shall apply to all uses made of land in the above described ID Institu- tional District: 1. Principal permitted uses shall be limited to the following: (a) Cogeges and universities [45] (b) Classrooms, laboratories, lec- ture halls, auditoriums and similar places for institutional assembly [45] (c) Offices for administrative personnel or other institu- tional employees or affiliates [14] {d) Churches [7], libraries and museums [13] (e) Single-family, two-family [11] or multi-family dwellings for the housing of institutional residents or affiliates [9] (f) Off-street parking and loading (g) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates [45] (h) Existing private uses of structures situated within an ID District for which the P~3 District standards shall apply [N/Al 2. Accessory uses. The following roes shall be permitted as accessory uses in the above described ID Institutional 9istrict: (a) Located entirely within a principal building, bookstores or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residen- tial District. (b) All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintain- ed, but not to include com- mercial uses outside a prin- cipal building. B. Lot and Bulk Regulations. Develop- merit of land in the ID Institutional District shall be regulated as follows: 1. All buildings, structures and ac- tivities shall be located in conformance with tho attached amended Conceptual Development Plan and all final site development plans shall be approved in accordance with the provisions of the ID Institutional District regulations as prc~ vided in the Zoning Ordinance of the City of Dubuque, Iowa. 2. The moyAmum building size for the student housing will be an eigh~plex with a maximum building height of two Reffular Session, stories and twenty-five feet. These struc- tures shall be built with a minimum 40 feet setback from the property line of Lot 2-1 and Lot 1-1-1-1 of Cain's Subdivi- sion #2. The maximum height of the pro- posed seminary building and the propos- ed expansion of educational and recrea- tional building, and other new building fronting on McCormick Street shall be fifty feet. 3. Approximately 32 married stu- dent housing units will be constructed with approximately 50 seminary student housing units. 4. A parking lot setback of forty feet shah be required along University Avenue within the McCormick and Pearl parking lot. 5. Details for the proposed seminary building and expansion of the educa- tionaYrecreational facilities shallbe pro- vided at the time of Final Site Develop- ment Plan. C. Performance Standards. The development and maintenance of uses in this ID Institutional District shall be established in conformance with the following standards, as well as with the regulations of Section 3-5.2 of the ID In- stitutional District: 1. The proposed construction and landscaping' schedule shall occur as in- dicated on the proposed Development Plan dated March 21, 1988. 2. Dust control measures shall be utilized on any gravelled parking lots prior to final paving. D. Site Development Standards. The site development standards for this ID Institutional District shall be establish- ed as follows: 1. The landscaping and screening re- qniremente shall be estabgshed in accor- dance with the requ!rements of Section 4-5 of the Zoning Ordinance of the City of Dubuqu~ Iowa All other site develop- ment standards of Section 4-4 shall apply. 2. Screening as per Section 4-5 of three feet in height shag be required on parking lots abutting residential uses June 6, 1988 190 and public right-of-way; Screening of six feet in height is required on the east side of the parking lot on Grace and Alguna and on the west side of the parking lot of Bennett and Aigona. 3. No vehicular access shall be allow- ed between the McCormick and Pearl parking lot and the proposed commer- cial site on the western property boun- dary. A pedestrian access may be allow- ed on that boundary. 4. Parking lots and other institu- tional uses abutting residential uses shall have no llinminating devices plac- ed above fifteen (15) feet in height. E. Additional Standards. 1. The off-street parking require- ment for the principal permitted uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the us6, as herein described: [ 9] 1.5 spaces for each dwelling unit. [111 TWo spaces for each dwell- lng unit. [14] One space for each four hundred sguare feet devoted to office use or one space for each employee on the maximum shift, whichever is greater. [7] One space for each four permanent seats. [131 One space for each five hundred square feet of floor area accessible to the general public. [45] Dormitories -- one space for each bed. Gymnasinms -- one space for each six permanent seats. Lecture halls -- one space for each six permanent seats. Employees -- .75 spaces for each employee on the maximum shift. 2. The amended Conceptual Development Plan shall be valid for a period of five years provided a Final Site Development Plan is submitted within one year from the date of approval. F. Transfer of Ownership. 191 Regular Session June 6, 1988 1. Transfer of ownership or lease of property in this ID Institutional District shall include in the transfer of lease agreement a provision that the pur- chaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald this 13th day of June, 1988. Mary A. Davis City Clerk it 6/13 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Heckmann Pratt, Simon, Voetberg. Nays--Council Member Deich. proof of publication, certified to by the Publisber, on Notice of Public Hearing on the Plans and Specs for the repair of Joints in the Terrazzo surfacing of the Town Clock Plaza and the removal and resetting of existing clay tile, presented and read. No written objections receiv- ed and no oral objectors were present at Public Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--Nong RESOLUTION NO. 159-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the llth day of May, 1988. plans, specifications, form of con- tract and estimated cost were flied with the City Clerk of Dubuque, Iowa, for the Repair of Tile and Terrazzo in Tewn Clock Plaza; 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- tlons, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the inllo~ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders for the Receipt of Bids for the above project AND Communication of City Manager recommending to award contract for above project to Hawkeye Flooring Ca, presented and read. Council Member Kluesner moved that the proof of publication and the com- munication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kfuesner, Heckmann, Pratt, Simon, Voetberg. Nays--Non~ RESOLUTION NO. 160-88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Town Clock Plaza Tile and Terrazzo Repair pursuant to Resolution No. 147-88 and notice to bidders publish- ed in a newspaper published in the City Regular Session, June 6, 1988 192 of Dubuque, Iowa on the 19th day of May, 1988. WHEREAS, said sealed proposals were opened and read on the 31st day of May, 1988 and it has been determined that the bid of Hawkeye Flooring Co. of Davenport, Iowa in the amount of $64,990.70 was the lowest bid for the fur- nishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to Hawkeye Flooring Co. and the Manager be and is hereby directed te execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Conm~unication of City Manager recommending a lease between the City of Dubuque and the Four Mounds Foun- dation for the property known as Four Mounds Park and further recommend- Lng that the lease be set for a public hear- ing AND Communication of Attorney David Hammer, submitting thoughts regarding Four Mounds Property, pre- sented and read. Council Member Simon moved that the communications be received and fil- ed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 161-88 RESOLUTION OF INTENTTO DISPOSE OF INTEREST IN REAL PROPERTY BY LEASE WHEREAS, the City of Dubuque is the owner of legal title to a tract of land known as Four Mounds Park, legally described on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the Four Mounds Foun- dation, an Iowa nonprofit corporation, has presented to the City a proposed Lease Agreement for the lease of the Four Mounds Park for a period of forty- nine (49) years, upon the terms and con- ditions set forth in the proposed Lease Agreement; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that the proposed Lease Agreement should be approved. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OFTHECITYOFDUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Four Mounds Park upon the terms and con- ditions set forth in the proposed Lease Agreement with the Four Mounds Foun- dation, a copy of which is now on file with the City Clerk at City Hall, Dubu- que, Iowa. Section 2. That a public bearing on the proposed Lease Agreement is hereby set for the 20th day of June, 1988, at 7:30 p.m, in the the public auditorium of the City of Dubuque Public Library, after which public hearing, the City Council may make a final determination on the proposed Lease Agreement. Section 3. That the City Clerk is hereby directed to publish notice of this Resolution and of the date. time and 193 Regular Session June 6, 1988 place of the public hearing on the pro- posed Lease Agreement. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--Non~. Petition of Airport Commission questing Council endorse the Commis- sion's efforts to complete the renovation of the Airline Terminal (Phase II). presented and read. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--Nong RESOLUTION NO. 162-88 AUTHORIZING APPLICATION FOR ESSENTIAL AIR SERVICE TERMINALIMPROVEMENT PRO- GRAM ~ASTIP) FUNDS WHEREAS, the City of Dubuque desires to apply for Essential Air Service Terminal Improvement Program (EASTIP) Funds to accompfish certain improvements at the Dubuque Municipal Airport consisting of: Completion of ak~side terminal ex- terior to provide a route to deplaning passengers; Reorganize the land-side lobby, create an ai~side lounge and seating area with a view to the runway, relocating the concession area to the north end of the building; Provide continuity of appearance of land-side exterior to the 1948 building and 1968 terminal building connected in Phase I; Provide for new floor coverings, ceil- ings and lighting in the new public area; and WHEREAS, the City of Dubuque en- dorses said project; and WHEREAS, the City of Dubuque agrees to maintain improvements fund- ed by EASTIP. NOW THEREFORE, be it resolved that on the 6th day of June, 1988, the Dubuque City Council did authorize the Chairman of the Airport Commission to sign the application for an EASTIP pro- ject on behalf of the City of Dubuque. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager ~commending City participation in a survey to determine how much is being spent for human services in our area in an amount not to exceed $1000, pre- sented and read. Joe Featherston of the Friends of the Community, Leonard Decker and Dennis O'Connor, gave specifics of the survey request. Council Member Simon moved that the communicatidn be received an filed and approved the ~ecommendatinn of the City M anage~: Seconded by Council Member Pratt. Vote on the motion was as follows: Yeas--Council Members Deich, Pratt. Nays--Mayor Brady, Coun- cil Members Kluesner, Heckmann, Simon, Voetberg. MOTION FAILED. Communication of Planning and Zon- ing Commission app~)ving final plat for Regular Session, June 6, 1988 194 Arbor Oaks Subdivision located east of Olde Country Lane and North Spring Valley Read, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 163-88 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1 OF LOT 8, BLOCK 8 "ARBOR OAKS" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lot 1 of Lot 8, Block 8 of "Arbor Oaks" in the City of Dubuque, Iowa: WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed ti~ereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lot 1 of Lot 8, Block 8 of '~rbor Oaks" in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 164-88 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1-44ad444-244 OF HIGH-LAND FARM IN THE CITY OF DUBUQUE, IOWA. WHEREAS~ there has been filed with the City Clerk a final plat of Lot 1-4-1-1-1-1-1-1-2-1-1 of High-Land Farm in the City of Dubuque, Iowa: WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and hed its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lot 1-4-1-1-1-1-1-1-2-1-1 of High-Land Farm in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resointion. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, He&mann, Pratt, Simon, Voetberg. Nays--None. 195 Regular Session June 6~ 1988 RESOLUTION NO. 165-88 RESOLUTION APPROVING THE FINAL pLAT OF LOT 2-4-1444-14-24-1 OF HIGH-LAND FARM IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been flied with the City Clerk a final plat of Lot 2-4-1-1-1-1-1-1-2-1-1 of High-Land Farm in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear a street to be known as Highland Park Drive, together with certain public utility easements which the Owner by said plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- domed thereon; and WHEREAS, said final plat has been examined by the City Councli and they find that the same conforms to the statutes and ordinances relating thereto; NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Highland Park Drive, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the final plat of Lot 2-4-1-1-1-1-1-1-2-1-1 of High-Land Farm be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attach- ed agreeing: a. To reduce Highland Park Drive to grade and to construct concrete curb and gutter and to hard surface Highland Park Drive with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install water mains and water service laterals in accordance with plans submitted with the plans submitted with the plat; ~ To install storm sewers and catch- basins in accordance with plans submit- ted with the plat; d. To install concrete sidewalks as re- quired by Ordinances, and where directed by the City Engineer and the City Manager; g To install boulevard street lighting in accordance with City specifications; f. To construct the foregoing tm- provements in accordance with plans and specifications approved by the Ci- ty Manager, under the inspection of the City Engineer, and in a manner approv- ed by the City Manager; g. To construct said improvements, except sidewalks, prior to one year from the date of acceptance of this Resolution; h. To maintain the foregoing im- provements for a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing construc- ~on and maintenance at the sole expense of the subdivider, as owner; And further provided that said Iowa- Northwestern Development Company, as owners of said subdivision, secure the performance of the foregoing conditions by providing security in such form and with such securities as may be accep- table to the City Manager. Section 3. That in the event Iowa- Northwestern Development Company shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty-live (45) days after the date of the Resolution. the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Regular Session ACCEPTANCE OF RESOLUTION NO. 165-88 I, the undersigned James A. Schwers, President of Iowa-Northwestern Devel- opment Company, having read the terms and conditions of the Resolution No. 165-88 and being famliiar~with the con- ditions thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa this 6th day of June, 1988.. by James A. Schwers, President Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Kluesner, Heck- mann, Pratt, Simon, Voetborg. Nays-- None. RESOLUTION NO. 166-88 RESOLUTION APPROVING THE FINAL PLAT OF LOT 24-144444-2-1-1 OF HIGH-LAND FARM IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lot 2-1-1-14-1-1-1,2-1-1 of High-Land Farm in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear a street to be known as Highland Park Drive, together with certain public utility easements which the Owner by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that Highiand Park Drive hoe not been improved; WHEREAS, the City Council concurs in the conditions of approval established by the City Planning and Zoning Commission. June 6, 1988 196 NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Highland Park Drive, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Lot 2-1-1-1-1-1-1-1-2-1-1 of High-Land Farm in the City of Dubuque, Iowa be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided that Iowa-Northwestern Development Company, or its suc- cessors, execute their written acceptance hereto attached agreeing: a. To reduce ail streets to grade and to construct concrete curb and gutter and to h~wd surface Highland Park Drive with bituminous concrete, or with con- crete paving with integral curb, ell in ac- cordance with City of Dubuque standard specifications; b. To install water mains and water service laterals in accordance with plans submitted with the plat; c. To install storm sewers and catch- basins in accordance with plans submit- ted with the plat; d. TO install concrete sidewalks as rE quired by Ordinances, and where directed by the City Engineer and the City Manager; g To install boulevard street lighting in accordance with City specifications; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the Ci- ty Manager, under the inspection of the City Engineer, and in a manner approv- ed by the City Manager; g. To construct said improvements, except sidewalks, prior to one year from the date of acceptance of this Resolution; h. To maintain the foregoing im- provements for a period of two years from the date of their acceptance by the City of Dubuque, Iowa; 197 Regular Session June 6, 1988 i. To provide the foregoing construc- tion and maintenance at the sole expeame of Iowa-Northwestern Development Company, or its successors; And further provided that Iowa- Northwestern Development Company, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Iowa- Northwestern Development Company shall fall to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of th~ Resolution, the provisions hereof shell be null and void and the ac- ceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted this 6th day of Jun~ 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 166-88 I, the undersigned James A. Schwers, President of Iowa-Northwestern Development Company, having read the terms and conditions of the Resolution N~x 166-88 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions re- quired therein. Dated at Dubuque, Iowa this 6th day of June, 1988. James A. Schwers President Council Member Simon moved adop- tlon of the resolution. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Heckmann Pratt, Simon, Voetherg. Nays--Non¢~ RESOLUTION NO. 167-88 RESOLUTION APPROVING THE FINAL PLAT OF LOT 1-28 "BLOCK 9, ARBOR OAKS" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lot 1-28 "Block 9, Arbor Oaks" in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear streets to bo known as Wilderness Read, Huntington Drive, Brandywine Park Drive and Castle Woods Lane, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Councfi and they find thi~t the same conforms to the statutes and ordinances relafing thereto, except that Wilderness Read, Hun- tington Drive, Brandywine Park Drive and Castle Woods Lane have not been improved; and; WHEREAS, the City Council concurs in the conditions of approval established by the City Planning and Zoning Commission. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Wilderness Read, Huntington Drive, Brandywine Park Drive and Castle Woods Lane, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the final plat of Lot 1-28 "Block 9, Arbor Oaks" in the City of Dubuque, Iowa be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provid- ed the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter Regular Session, June 6, 1988 198 and to hard surface Wilderness Read, Huntington Drive, Brandywine Park Drive and Castle Woods Lane with bituminous concrete, or with concrete paving with integral curb, all in accor- dance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. TO install water maing and water service laterals in accordance with plans submitted with the plat; d. TO install storm sewers and catch- basins in accordance with plans submit- ted with the plat; e. To install concrete sidewalks as re- quired by Ordinances, and where directed by the City Engineer and the City Manager; f. TO install boulevqrd street lighting in accordance with City specifications; g. TO construct the foregoing im- provements in accordance with plans and specifications approved by the Ci- ty Manager, under the inspection of the City Engineer, and in a manner approv- ed by the City Manager; h. To construct said improvements, except sidewalks, prior to two years from the date of acceptance of this Resolution; i. To maintain the foregoing im- provements for a period of two years from the date of their acceptance by the City of Dubuque, Iowa; j. TO provide the foregoing construc- tion and maintenance at the sole expense of the subdivider; Iowa-Northwestorn Development Company, or future owner; And further provided that said Iowa- Northwestern Development Company, as o~vner of said subdivision; secure ~he per- forraance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Iowa- Northwestern Development Company shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval of the plat shall not be effective. Passed, approved mad adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 167-88 I, the undersigned James A. Schwers, President of Iowa-Northwestern Devel- opment Company, having read the terms and conditions of the Resolution No. 167-88 and being familiar with the condi- tions thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa this 6th day of June, 1988. James A. Schwers President Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor B~'ady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--None. Jhn Schwers thanked the Council and Staff for their work on this project, Commtmication of Francis Henksis quest'rog the 1948 Fire Engine which the City presently has in its inventory be titled to the Dubuque Preservation Trust AND Communication of City Manager requesting approval to dispose of the 1948 Fire Engine and transfer to the Dubuque Preservation Trust for $1, presented and read. Council Member Kluesner moved that the communications be received and fil- ed and approved sale for $1. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. 199 Regular Session June 6, 1988 Verbal petition Imm representatives of the Sertoma Club, Knights of Columbus and Kiwanis Club, requesting to address the Council regarding soliciting in the streets during fund raising events AND Communication of City Manager sub- mitting comments regarding permit issued to Sertoma Club for their candy sale, was not discussed. Communication of Planning and Zon- ing Commission advising of their denial for the Conceptual Development Plan as requested by Michael Per t~en for proper- ty north of Foothill Court AND AN OR- DINANCE providing that the Code of Ordinances, be amended by revising Ap- pendix A thereof, by reclassifying pro- petty located north of Foothill Dr. from R.3 Moderate Density Multi-Family Residential District to PC Planned Com- mercial District, presented and read. Council Member Pratt moved that the communication and Ordinance be receiv- ed and filed and concur with Planning and Zoningis denial. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Pratt, Simon, Voetberg. Nays--None. Abstain--Counail Membbr Heckmann. Petition containing 67 signatures re- questing a Special Election to fill the vacancy for the First Ward, presented and read. Council Member Heckmann moved that the petition be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 168-88 WHEREAS, there was a vacancy in the office of Council Member, 1st Ward, as a result of the resignation of Council Member Kathryn Krieg on April 15, 1988; and WHEREAS, Iowa Code Section 372.13 (1987) provides for the filling of a vacancy in an elected city office~ at the Council's option, by appointment or by special election; and WHEREAS, the Council Meeting on May 2, 1988, the Council advised of its intent to fill the vacancy by appoint- ment; and WHEREAS, at the Council Meeting on May 16, 1988, the Council did appoint Mr. James A. Heckman to fill the vacan- cy of Council Member 1st Ward; and WHEREAS, on May 27, 1988 a peti- tion was filed in the City Clerk's Office by residents of the 1st Ward requesting a special election to fill the vacancy of the 1st Ward. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, as follows: 1. The remaining balance of the unex- pired term of Council Member Kathryn Krieg shall be filled by a special election, pursuant to Iowa Cede Section 372.13(2) (b). 2. That the City Clerk is hereby directed to give notice of such special election, on behalf of the Mayor and Ci- ty Council, to the County Commissioner of Elections, pursuant to Iowa Code Sec- tion 376.1 (1987) Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mltting resolution which urges and sup- ports the construction of a Four Lane Expressway Facility from DeWitt to Dubuque, presented and read. Council Member Khiosner moved that the communication be received and filed Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Regular Session June 6, 1988 200 Kluesner, Heckmann, Pratt, Simon, Veetberg. Nays--None. RESOLUTION NO. 169-88 WHEREAS, the Iowa Department of Transportation (IDOT) is proposing the improvement of U.S. 61 from De Witt to Dubuque from a two-lane to a four-lane divided highway facility; and WHEREAS, IDOT has completed an Environmental Assessment Statement for the improvement of a sector of this highway from De Witt to Maquokete; and WHEREAS, in the Environmental Assessment the Iowa Department of Transportation is presenting two alter- natives, one, an arterial design and the second, an expressway design; and WHEREAS, an expressway design provides a higher level of service~ lknited access and safer driving conditions; and WHEREAS, on completion of this project the Dubuque regional area will have a four-lane facility readily ac- cessable to the interstate transportation system; and WHEREAS, upon completion the facility will reinforce the State's primary aystem an~ provide a catalyst for present and future economic development in the northeast sector of Iowa; and WHEREAS, in recognition of the im- portance of this facility $32 million of Federal Demonstration and Discre- tionary money was provided in the 1987 Service Transportation & Uniform Relocation Assistance Act. NOW, THEREFORE, BE IT RE- SOLVED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the City of Dubuque strongly endorses the construction of a four-lane non-stop expressway facility in the transportation corridor of U.S. 61 from De Witt to Dubuque. 2. That the City of Dubuque urges the Iowa Department of Transportation to proceed in a timely fashion in the design, right-of-way acquisition and construc- tion of this facility. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending adoption of an Ordinance estabilshing a $25 annual Alarm Monitoring fee effecting July 1, 1988 as approved in the Fiscal Year 1989 budget, ,resented and read. Council Member Simon moved that .he communication be received and fll- ~d. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg, Nays--None. ORDINANCE NO. 32-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY DELETING THE FIRST UN- NUMBERED PARAGRAPH OF SEC- TION 31-4, DEFINING '~ALARM", AND ADOPTING A NEW PARAGRAPH IN LIEU THEREOF, DEFINING "ALARM", AND BY ADOPTING A NEW SECTION 31-9(f) PROVIDING FOR AN ALARM MONITORING FEE, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 32-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY DELETING THE FIRST UN- NUMBERED PARAGRAPH OF SEC- TION 31-4, DEFINING '~kLARM". AND ADOPTING A NEW Regular Session, June 6, 1988 202 201 Regular Session June~6, 1988 PARAGRAPH IN LIEU THEREOF, Ordinance, and that the requirement DEFINING "ALARM", AND BY that a proposed Ordinance be considered ADOPTING A NEW SECTION 31-9(fl PROVIDING FOR AN ALARM MONITORING FEE NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 31-4 of the Code of Ordinances of the City. of Dubuque, Iowa, is hereby amended by deleting the first unnumbered paragraph thereof and substituting in lieu thereof the following. Alarm: An alarm is an elec- tromechanical system designed to pro- vide a signal upon detection of smoke; fire, unlawful intrusion or other unusual condition or to be activated by a person to report a crime or other unusual cir- cumstance. Except for the provision of Subsections 31-9(f) and 31-121b) herein, this article is not applicable to alarms utilized solely for the purpose of report- ing smoke or fire. Section 2. Section 31-9 of the Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adding the following new paragraph: (f) There shall be an annual service charge of twenty-five dollars ($25.00) for the Communications Center monitoring of direct ahirm systems only for burglar, robbery, and fire alarm, effective July 1, 1988. Section 3. This ordinance shall take el- feet on July 1, 1988. Passed, approved and adopted this 6th day of Juna 1988. James E. Brady Mayor ATTE sq]. Mary A. Davis City Clerk Published of Iicially in the Telegraph Herald newspaper this 10th day of June, 1988. Mary A. Davis City Clerk it 6/10 Council Member Simon moved that this be considered the first reading of the 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 Member Vcetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. PURCHASE OF SERVICES AGREEMENTS AS APPROVED IN THE FISCAL YEAR 1989 BUDGET -- Chamber of Commerce in the amount of $137,500; Retired Senior Volunteer Program in amount of $4500; Operation: New View in the amount of $10,000, presented and read. Council Member Deich moved that the agreement expenditures be approved. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heakmann, Pratt, Simon, Voetberg. Nays--None. Communications of City Manager recommending approval of Funding Agreements as approved in the Fiscal Year 1989 Budget, presented and read. Council Member Kluesner moved that the commuhication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Khiesner, He&mann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 170-88 A RESOLUTION APPROVING A FUNDING AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND PHONE-A-FRIEND, INC. AND AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque, Iowa, has negotiated with the Phone-A- Friend, In~ to continue to provide for the eighth year services for the express purpose of aiding the City of Dubuque meet the social and economic needs of the low and moderate income persons and the long-term unemployed; and WItEREAS, the terms and conditions under which Phone-A-Friend, Inc. will be funded for providing the abow~described services ~"e set forth in thc Funding Agreement, a copy of which Agreement is hereto attached and by this reference made a part hereof; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement hy and between the City of Dubuque, Iowa mid the Phone-A-Friend, Inc. be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque. Passed, approved and adopted tt~is 6th day of June, 1988. James E. Brady Mayor Aq~FEST: Mary A. Davis City Clerk Council Member Kluesner moved edOl~ tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 171~8 A RESOLUTION APPROVING A FUNDING AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND DUBUQUE MAIN STREET, LTD. AND AUTHORIZING AND DIRECTING THE CITY MANA- GER TO EXECUTE SAID AGREE- MENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque, Iowa has negotiated with Dubuque Main Street, Ltd. to provide, implement aud continue a Downtown Revitalization pro- gram; and WHEREAS, the terms and conditions under which Dubuque Main Street Ltd. is to be funded for providing such ser- vices are set forth in a Funding Agree- ment, a copy of which Agreement is hereto attached and by this reference made a part hereof; and NOW, THEREFORE, BE IT RE- SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa and Dubuque Main Street, Ltd. be and the same is hereby approved, Section 2. That the City Mmmger be and im is hereby authorized and directed to execute said agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted tiffs 6th day of June, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adol~ tion of tt~e Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 172-88 A RESOLUTION APPROVING AN AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES WITH THE GREATER DUBUQUE DEVELOPMENT CORPORATION FOR FISCAL YEAR 1988-1989 AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE WHEREAS, the City Council of the City of Dubuque, Iowa desires to main- tain m~ economically viable commuhity by encouraging private sector develop- ment which produces jobs for the unemployed and expands job oppor- tnnities for persons of low and moderate income; and 203 Regular Session~ June 6, 1988 WHEREAS, the City Council of the City of Dubuque, Iowa has determined that a program of economic development activities and the promotion of economic development opportunities through the provision of services to local buffmess and industry and through the recruitment of new firms to the Dubuque labor market is a necessary element in a program of economic enlmncement; and WHEREAS, the Greater Dubuque Development Corporation is composed of representatives of the County of Du- buque, the Dubuque Area Industeial Development Corporation, the United Labor Participation Committee, the Chamber of Commerce and the City of Dubuque; and WHEREAS, the City of Dubuque has budgeted and committed certain Com- munity Development Block Grant funds for the support of the objectives and ac- tivities noted above; and WHEREAS, the Greater Dubuque Development Corporation by virtue of its experience and other professional qualifications has proposed to enter into an Agreement for the provision of economic development services hereto attached and marked Exbibit "A". NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement for Economic Development Services, hereto attached and marked Exhibit "A", is hereby approved and the Mayor is hereby authorized and directed to execute said agreement. Section 2. That the City Manager be and be is hereby authorized to make such payments to the Greater Dubuque Development Corporation as are provid- ed for in the aforesaid Agreement, in au mount not to exceed $30,000 from Community Development Block Grant funds as provided for in the FY 1989 budget, according to the terms and con- ditions for payment set forth in said Agreement. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Counc'fl Member Kluesner moved adop- tion of tbe Resolution. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 173-88 WHEREAS, the City of Dubuque, Iowa, has negotiated' with the Wastdngton Neighborhood Tool Library, Inc. to provide previously supplied ser- vices for the expressed purpose of a~dlng the City of Dubuque to prevent the spread of slum and blight within the City; and WHEREAS, the terms and conditions under which Washington Neighborhood Tool Library, Inc. w91 be funded for pro- viding the services are set forth in a Funding Agreement is hereto attached and by this reference made a part thereof; and WHEREAS, the activities as delineated in the Funding Agreement comply with the primary objectives of the Housing and Community Develop- ment Act of 1974 as amended [570.200(3)], and comply with one or more of the "National Objectives" [570.208(a)]. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa, aod the Washington Neighborhood Tool Library, Inc. be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and directed to execute ~ald Agreement for and on behalf of the City of Dubuque, Io~va. Passed, approved and adopted this 6th day of June, 1988. Regular Session, June 6, 1988 204 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundfl Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of City Ma~mger re- questing Mayor be authorized to execute Agreements between the City and the Collective Bargaining Units, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 174-88 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE GENERAL DRIVERS AND HELPERS UNION, LOCAL #421 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, is an employee organization within the mean- ing of Section 3(4) of the Public Employ- ment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, submitted a request to bargain collectively on behalf of the employees within its representa- tion; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- ment be accepted and the Mayor authorized to sign the collective bargain- ing agreements. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of tbe Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 175-88 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL #353, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT. WHEREAS; the Sixty-FiRh General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the Dubuque Profes- sional Fire Fighters Association, Local #353, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the Dubuque Profes- alonai Fire Fighters Association, Local #353, submitted a request to bargain 205 Regular Session June 6, 1988 cofiectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree~ ment be accepted and the Mayor authorized to sign the collective bargain- ing agreements. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resohitlon. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 176-88 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE AMALGAMATED TRANSIT UNION, DIVISION//329, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT. WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Fublic Employment Relatinns Act; and WHEREAS, the Amalgamated Tran- sit Union, Division #329, is an employee organization within the meaning of Sec- tion 3(4) of the Public Employmeqxt Rela- tions Act; and WHEREAS, the Amalg~unated Tran- sit Union, Division #329, submitted a re- quest to bargnin collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the )arties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree~ ment be accepted and the Mayor authorized to sign the collective bargain- Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Dalch moved adop- tion of the Resohition. Seconded by Council Member YIeckmaufl. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 177-88 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICEMEN'S PRO- TECTIVE ASSOCIATION AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT. WHEREAS, the SLxty-Fifth General Assembly adopted the Public Employ- nent Relations Act, Chapter 20, Code of Iowa; and WHEREAS~ the City of Dubuque is a public employer within the meaning of Section 3/1) of the Public Employment Relations Act; and WHEREAS~ the Dubuque Policemen's Protective Association is an employee organization within the meaning of Sec- tion 3(4) of the Public Employment Rela- tions Act; and Regular Session, June 6, 1988 2O6 WHEREAS, the Dubuque Policemen's Protective Association submitted a re- quest to bargain collectively on behalf of thc employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That~ the terms of the agree- ment be accepted and the Mayor authorized to sign the collective bargain- ing agreements. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 178-88 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #758, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT. WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local #758, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local #758, suh- mitted a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- ment be accepted and the Mayor authorized to sign the collective bargain- ing agreements. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting Compensation Package for Non- Union Bargaining Unit Employees, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmam~, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 179-88 ADOPTING THE FISCAL YEAR 1989 COMPENSATION PACKAGE AND WAGE PLAN FOR NON BAR- GAINING UNIT EMPLOYEES WHEREAS, it has been the practice 207 to provide a compensation package to non bargaining unit employees ff~mllar to the compensation package to be received by bargaining uhit employees; and WHEREAS, the proposed compensa- tion package m~d wage plan for non bargaining unit employees for Fiscal Year 1989 represents an increase of 2.0% consistent with the compensation package to be received by all of the City's bargaining units in Fiscal year 1989. NOW, THEREFORE, BE IT RE- SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the compensation package and wage plan for non bargain- lng unit employees for Fiscal Year 1989, which reflects an across the board in- crease of 2.0% effective July 1, 1988, is hereby approved. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmmm, Pratt, Simon, Voetberg. Nays--None. Council appointments to Dubuque Raaing Assn. AND Economic Develop- ment Regional Coordinating Council -- Council Member Pratt moved that Coun- cil Member James He&mann be ap- painted to fill the E.D. Regional Coor- dinating Council. Seconded by Council Member Voetberg. Carried by the follow: ing vote: Yeas--Mayor Brady, Councll Members Deich, Kluesner, He&mann, Pratt, Simon, Voetberg. Nays--None. Council Member Simon moved tbat Dirk Voetberg be appointed to the Du- buque Racing Assn. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Regular Session, June 6, 1988 RESOLUTION NO. 180-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the foilnwing having complied with the pro- visions of law relating to the sale of Cigarettes withln the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Family Mart, Inc. Family Mart 3201 Central Ave. Dennis Althaus Family Beverage Center 3400 Central Angel Investment Co. Casey's General Store 2699 Rockdaln Rd. The Lincoln Co. Casey's General Store 4003 Peru Rd. George K. Arvanltis Busy Bee Cafe 1958 Central Ave. Store #1 2399 White St. Beecher Co., Inc. Store #2 1691 Asbury Rd. Joseph F. Bleile A & B Tap 2600 Central Ave. C.K. of Dubuque, Inc. Country Kitchen 3187 University Ave. Chun Lim Gee Carlo Restaurant 378 Main St. Cremer Grocery Co. Cremer 731 Rhomberg Crescent Bowling, Inc. 255 South Main St. Cue Master Ltd. Cue Master Billiards 900 Central Ave. Lloyd Dalsing Chateau Supper Club 3750 Central Ave. Dodge House Corp. Dodge House Motel, Rest & Lounge 701 Dodge St. Dog Gone, Inc. Dog House Lounge 1646 Asbury Rd. Barbara J. Dougherty Dougherty's United 229 West 8th St. William F. Dunne Dunne & Son Amoco 2600 Dodge St. Eagle Food Center #109 200 South Locust St. Regular Session, June 6, 1988 208 Eagle Food Center #130 1800 Elm St. Eagle Food Center #320 2050 J. F. Kennedy FDL Foods, Inc. Retail Store Fenelon's Market Fischer & Co., Inc. Fischer Lanes 701 East 16th St. 2528 Central Ave. 880 Locust St. Grandma's Pantry, Inc. Sfikas Restaurant 401 Central Ave. Happy's Place h~c. 2323 Rockdale Rd. Hartig Drug Stores Corp. 700 Town Clock Plaza Hartig Drug Stores Corp. 97 Locust St. Hartig Drug Stores Corp. 2255 J.F.K. Rd. Hartig Drug Stores Corp. 2225 Central Ave; Hy-Vee Food Stores, Inc. 3500 Dodge St. JFT Ltd. Oky Doky #1 TFM Co. Oky Doky #6 Perlewitz, Inc. Oky Doky ~#11 Jerry L. James Neighbor's Tap Roger H. Kunde K-Mart Corp. 250 West 1st St. 1256 Iowa St. 1101 Rhomberg Ave. 1899 Rockdale Rd. 1105 University Ave. 2600 Dodge St. McCann's Service, Inc. McCann's IOCO 690 West Locust Beverly Miller Sid's Beverage Store 2727 Dodge St. LeRoy A. Miller Whitcy's Bar-X 2616 Windsor Ave. Ronald & Betty Pothoff Miracle Car Wash, Inc. 255 Locust St. Ronald & Betty Pothoff Miracle Car Wash, Inc. 3199 University Mulgrew Oil Co. Asbury Fastop 3300 Asbury Rd. Mulgrew Oil Co. Amoco Food Shop 1450 Loras Blvd. Mulgrew Oil Co. Amoco at the Bridge 351 Dodge St. Nosh. Finch Company Econofoods #471 3355 J.F.K. Circle John W. Noonan Noonan's Tap 1618 Central Palmer Drug Co. Grandview Drug 486 N. Grandview Palmer Drug Co. Palmer Drugs 2600 Dodge St. Lee Potter, Sr. Neighborhood Grocery & Video - 1 408 West Locust St. Lee Potter, Sr. Neighborhood Grocery & Video - 2 785 Groveland Rainbo Oil Company KWIK STOP FOOD MART 1075 Dodge St. Rainbo Oil Company KWIK STOP FOOD MART 2297 University Ave. Rainbo Oil Company KWIK STOP FOOD MART 2255 Kerper Blvd. Riverside Bowl EthalK. Schwartz Akport Inn 1860Hawthorne 574 E. 16th St. Sunshine Mart Ltd. 430 Rhomberg Ave. Dayton Hudson Target Store #86 Dave Turner Finale Bruce VanGorden Vango Amoco Vendor's Unlimited Canfield Hotel Vendor's Unlimited Jullen Motor Inn Vendor's Unlimited Sunnycrest Manor Vendor's Unllmitcd University of Dubuque -- Student Union 2050 University Vendor's Unlimited Loras College -- Beckman Hall 1450 Alta Vista 3500 Dodge 1701 Central Ave. 205 Locust St. 36 West 4th St. 200 Main St. 2375 Roosevelt 2O9 Regular Sessior, June 6, 1988 Vendor's Unlimited Lo~as CoRege -- Keane Hall 1450 Alta Vista Vendor's Unlimited Lores College -- Snack Bar 1450 Alta Vista Vendor's Unlimited Super 8 Motel Highway 20 West Vendor's Unlimited CyCare Plaza CyCare Plaza Walgreen Co. Walgreens 555 J.F. Kennedy Wareco System of Iowa Wareco 700 Rhomberg Ave. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTE Sq]. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 181-88 WHEREAS, Applications for Beer Permits have been submitted and filed 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 Ordi- nances oI this City and have filed pro- per bond; 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 applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Jay Cee's Hawfiaorne St. (Also Sunday Sales) CLASS "C" BEER PERMIT McCann's Service, Inc. 690 West Locust (Also Sunday Sales) Lee Potter, Sr. Neighborhood Grocery & Video 785 Groveland (Also Sunday Sales) Cremer Grocery 731 Rhomberg Ave. (Also Sunday Sales) Passed, approved and adopted this 6th day oI June, 1988. James E. Brady Mayor ATTESq! Mary A. Davis City Clerk Counqil Member Deich moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 182-88 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 ocT 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 ~ppficant(s) a Liquor CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Susan Jean Saffran Kennel Club 1097 Jackson St. James E. Bauer Jerry's Tap 431 Rhomberg Ave. (Also Sunday Sales) Regular Session, June 6, 1988 210 Riverside Bowl, Inc. 1860 Hawthorne St. (Also Sunday Sales) Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Pratt. Cra'tied by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Airport Commission of 5-10 & 5-17; Cable Com- munity Teieprogramming Comm. of 4-27 & 5-3; Civil Service Comm. of 3-9 & 4-12; Electrical Examining Bd. of 5-9; Five Flags Commission of 5-16; Historic Pros. Comm. of 5-10, 5-12 & 5-17; Housing Comm. of 5-10; Human Rights Comm. of 5-9; Park and Rec. Comm. of 4-12; Police Retirement Bd. of 5-23; Transit Trustee Bd. of 5-12; Planning & Zoning Comm. of 5-4 & 5-18; Zoning Bd. of Ad- justment of 4-28 & 5-13, presented and read. CouncffMember Simon moved that the minutes be received and filed· Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Iteckmann, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS: Wayne Brigge in amt. of $287.75 for car damages; Lucile Ganshirt in est. amt. of $610 for property damages; Gerald F. McFadden in amt. of $51,57 for car damages; Lucile Schneider in amt. of $165.25 for ear damages; Alan Smith in ~unt. of $105 for car damages; Sylvester Adams in unknown amt. for personal in- juries, presented and read. Council Member Simon moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg, Nays--None. Communication of Corporation Counsel recommending settlement in amt. of $5000 to Philip Bisenius for per- sonal injuries, presented and read. Council Member Simon moved that the communication be received and filed and approved settlement, with Finance Director to issue the proper check· Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--Non~ Petition of Dubuque Golf and Coun- try Club requesting permission to display Fireworks on July 3, 1988 at about 9:00 p.m. on their property, presented and read. Council Member Simon moved that the petition be received and filed and ap- proved, subject to coordination with the City Manager. Seconded by Council Member Voetberg, Carried by the fallow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting Financial Reports for month of April, 1988, presented and read. Council Member Simon moved that the communication and reports be received and filed. Seconded by Council Member Voetberg Cm~'ied hy the fl*llow- lng vote: Yeas--Mayor Brady, Council Members Deich. Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Finding of No Significant effect on the environment for the Metrix Co. project, AND Communi- cation of City Manager requesting authorization to publish notice for release of funds for the Metrix Co., presented and read. Council Member Simon moved that the proof and communication be receiv- ed and filed. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council 211 Regular Session June 6, 1988 Members Deich, Kluesner, Heckmaun, Pratt, Simon, Voetberg. Nays--Nona RESOLUTION NO. 183-88 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR THE METRIX COMPANY COM- MUNITY DEVELOPMENT BLOCK GRANT PROJECT. WHEREAS, the City of Dubuque, Iowa, in conformance with the En- vironmental Review Procedures for the Community Development Block Grant Program, convened an Ad Hoc Commit- tee on May 9, 1988 which completed an environmental assessment of the following: The Metrix Company -- Commun- ity Development Block Grant Project; and WHEREAS, pursuant to Resolution No. 158-88, adopted May 16, 1988, public notice of a "Finding of No Signifi- cant Effect on the Environment" for the above project was published May 18, 1988 in the Dubuque Talegraph Herald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon Friday, June 3, 1988; and WHEREAS, public notice of a "Find- ing of No Significant Effect on the En- vironment'' for the project was sent by regular mall to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be propriate to review such a public notice; and WHEREAS, anyandallobjecfions, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Cmmcil to authorize the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds to carry out the above-identified project. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk where said record may be examined and copied by an interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment a request for release of funds to undertake the said project. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTESq! Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of Robert Ginter, Pres. of DRA e~xpressing an ongoing, growing concern in regards to the natural settlement occurring on Chaplain Schn2tt Island. presented and read. Council Member Simon moved that the communication be mcelvcd and filed and referred to the City Manager. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Iowa DOT advising of dismissal of condemnation for Crescent Realty Corp. property, AND Communication of J.A. Schmid of Crescent Supply Ca re- questing support against the condemna- tion by IA DOT of a piece of land owned by their company, presented and read. Council Member Simon moved that the notice and communication be receiv- ed and filed. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Regular Session, June 6, 1988 212 Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. May 16, 1988 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1987 Code of Iowa, the Civil Service Commission conducted Promotional Ex- aminatinns on April 12, 1988 for members of the Fire Department. We hereby cer~tify that the following members of the Dubuque Fire Depart- ment have successfully passed the writ- ten promotional examinations and all promotions within the Fire Department should be made from the following lists. FIRE CAPTAIN Mike Weidemann James C. Miller Raymond Stephan Richard Theis John Hutchcroft Roger Voss Ja~nes Potter Kenneth Link E. Daniel Brown Kenneth Voss FIRE EQUIPMENT OPERATOR Rick Steines Eugene Hudek Paul Behr Thomas Ready Robert Laubscher, Jr. FIRE LIEUTENANqYINSPECTOR Rudolph A. Vera Respectfully sub,mired. Pat Dillon Chairperson Robert M. Miller Gerald Koppes Civil Service Commission ATTES~ Mary A. Davis Secretary Council Member Simon moved the communication be received and filed mhd made a matter of record. Seconded by Council Memher Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. May 16, 1988 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1987 Code of Iowa, the Civil Service Commission conducted Promotional Ex- aminations of April 13, 1988 for members of the Fire Department. We hereby certify that the following members of the Dubuque Fire Depart- ment have successfully passed the writ- ten promotional examinations and all promotions within the Fire Department should be made from the following lists. FIRE LIEUTENANT Robert Park Daniel Sullivan Randall Rick Michael Burds Mike Gabriel John C. Walker Scott Neyens Thomas Ready Ric Jones James Imhof ASS'T. FIRE CHIEF/ DIVISION CHIEF David Schuster James C. Miller Frank Basten Gerald iicielhofen Respectfully sumbitted, Pa5 Dillon Chairperson Robert M. Miller Gerald Koppes Civil Service Commission ATTES~ Mary A. Davis City Clerk Council Member Simon moved the communication be received and filed and made matter of record. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, 213 Regular Session June 6, 1988 Council Members Deich, Khiesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of HUD submitting report of their site visit on March 29-31, 1988, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the followlng vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None, Co~nmunication of Planning and Zon- lng Commission approving final plat of Lot 1-2 of Ohmert Fm'm located south of North Cascade Read in Dubuque County, presented and read. Council Member Simon moved that the cmnmunication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION 184-88 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1-2 OF OHMERT FARM, SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M. AND OF INGRESSIEGRESS EASEMENT A AND B IN DUBUQUE COUNTY, IOWA. WHEREAS, there has been filed vAth the City Clerk a final plat of Lot 1-2 of Ohmert Farm, Section 3, Township 88 North, Range 2 East of the 5th EM. and of Ingress/Egress Easement A and B in Dubuque County, Iowa; and WHEREAS, said final plat has been exomlned hy the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lot 1-2 of Ohmert Farm, Section 3, Township 88 North, Range 2 of East of tbe 5th P.M. and of Ingress/Egress Easement A and B in Dubuque County, Iowa be and the ~ame is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 6th day of June, 1988. James E. Brady Mayor ATTESq~. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicb, Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--None. Communication of Swiss Valley Farms sub,hitting their audited report for fiscal year ending 9/30/87 AND Communica- tion of TCI Cablevialon of Dubuque, IA submitting their 1987 Annual Report, ~resented and read. Council Member Simon moved that the communications be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Them being no further business, Coun- cll Member Simon moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--None. Meeting adjourned at 10:49 P.M. Mary A. Davis City Clerk Approved 1988 Regular Session Adopted 1988 Mayor Council Members ATTE S~ City Clerk June 6, 1988 214 215 Regular Sessior, June 13, 1988 CITY COUNCIL OFFICIAL Special Session, June 13, 1988 Council Met at 7:00 p.m., Training Room, Fire Headquarters at 9th and Central. Joint MeeUmg with the Dubuque Coun- ty Board of Supervisors and Dubuque County Municipal Emergency Manage- ment Agency. Present--Mayor Brady, Council Members Deieh, Heckmann, Kluesner, Pratt, Simon, Voetherg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady called the meeting to order and stated this Session is the JOINT MEETING WITH THE DUBUQUE COUNTY BOARD OF SUPERVISORS AND DUBUQUE COUNTY MUNICIPAL EMERGENCY MANAGEMENT AGENCY called for the purpose to receive a presentation by Iowa Electric and to discuss and possibly act on the "Dubuque County Host Plan". Dubuque County Supervisors, Eldon Herrig and Donna Smith, and Disaster Services Members, Bob Gocch and Steve Swales were also present. Mr. David Hingtgen, on behalf of Iowa Electrical Light and Power Company, presented the "Dubuque County Host Plan", and stated this plan is to provide guidance to assist key officials to carry out their responsibliities in the event that Dubuque County should be called upon to host evacuees from the Duane Arnold Energy Center Emergency Planning Zone located at Pale, IA. The plan stresses the importance of inter- and intra- government communications and the close coordination that must be ex- excised during such an emergency if that emergency is to be resolved with a minimum of confusion. The plan is in- tended to deal with those functions in- herent in a hosting environment only and will not address other emergencies that could conceivably occur simultaneously such ss flood, fire, tornado, etc. which are addressed in other Dubuque County Con- tlngency Plans. Discussion followed by those present and severo~ changes/araendments were requested to be made. Representatives for Iowa Electric Light and Power Com- pany stated those concerns would be ad- dressed and the CounciI directed that the "Plan" be placed on thd~r Agenda for the Council Meeting of June 20, 1988, for final action. There being no further business. Coun- cil Member Deich moved to adjourn. Seconded by Council Member Heckmann. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Meeting adjourned at 9:00 P.M. Mary A. Davis City Clerk Approved 1988 Adopted 1988 Mayor Council Members ATTEST: City Clerk Regular Session CITY COUNCIL OFFICIAL Regular Session, June 20, 1988 Coundfl Met at 7:30 p.m., at the Public Library Auditorium. Present--Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg, City Managex W. Kenneth Gearhart, Corporation Counsel Barry A, Lindahl. Ahaent--Mayor Brady. Mayor Pro-Tem Simon read the call and stated this is the REGULAR SES- SION of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Patrick Geary, Pastor of St. Columb- kiile's Catholic Church. PROCLAMATIONS: Week of June 20-26 as "Amateur Radio Week" re- ceived by Mike Josefowicz; Septemhar 3, 1988 as "MADD/Volks- wagen Drive for Life Day"; July 22, 1988 as: "Colts Drum and Bugle Corps 'Music on the March' Days" received by James J. Milier, Sr. Council Member Kluesner moved to suspend the rules to ollow anyone present to address the Council if they so desire. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-- Council Members Deich, Kinesner Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposal of City's interest in Four Mounds Park, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Attorney Douglas Henry, representing the Burden family and as a member of the Four Mounds Foundation spoke to the group. Council Member Kluesner moved that the proof of publication be recaived and filed. Seconded by Council Member June 20, 1988 216 Voetberg. Carried by the following vote: Yeas--Coundfl Members Deich, Kluesner, Heckm~um, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 185-88 RESOLUTION DISPOSING OF INTEREST IN REAL PROPERTY FOUR MOUNDS PARK) BY LEASE WHEREAS, the City of Dubuque is the owner of legal title to a tract of land known as Four Mounds Park, legally described on Exixibit A, attoched hereto and incorporated herein by this reference; and WHEREAS, the Four Mounds Foun- dation, an Iowa nonprofit corporation, has presented to the City a proposed Lease Agreement for the lease of the Four Mounds P~xk for a period of forty- nine (49) years, upon the the terms and conditions set forthin the proposed Lease Agreement, a copy of which is attached hereto; and WHEREAS, the City Council of the City of Dubuque, Iowa held a public hear- ing on tlie proposed Lease Agreement on the 20th day of June, 1988; and WHEREAS, the City Council has determined that the Lease Agreement should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed Lease Agree- ment between the City of Dubuque, Iowa and the Four Mounds Foundation is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute such Lease Agreement on behalf of the City of Dubuque, Iowo. Passed, approved and adopted this 20th day of June, 1988. David L. Simon Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk 217 Regular Session June 20, 1988 Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Corporation Counsel Lindahl requesting Mayor be autimr~ed and directad to execute the Settlement Agreement on behalf of the City regm. ding Four Mounds Park, presented and read. Council Member Kluesner moved that the communication be received and filed and approved for Mayor to execute. Seconded by Council Member Vootberg. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specs. for the Electrical System Improvements -- Dubuque Keyline Transit Facility. presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Khiesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--None. Aheent--Mayor Brady. RESOLUTION NO. 186-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 11th day of May, 1988, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Electrical System Improvements -- Dubuque Keyline Transit Facility; 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 REv SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specfications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 20th day of June, 1988. David L. Simon Mayor Prc, Tem ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Comiall Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for above project AND Conununication of City Manager recom- mending to award contract for above to Panlson Electric Co., presented and read. Council Member Kluesner moved that the proof and conununication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Council Members Dsich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 187-88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Electrical System Rehabilitation, Dubu- que Keyline Transit Facility pursuant to Resolution No. 144-88 and notice to bid- ders published in a newspaper publish- ed in the City of Dubuque, Iowa on the 20th day of May and 3rd day June, 1988; and WHEREAS, said sealed proposals were opened and read on the 9th day of June, 1988 and it has been determined that the bid of Paulson Electric of Du- buque, Iowa in the amount of $54,744 was the lowest bid for the furrishing of all labor and materials and performing the work as provided for in the plans and specifications. Regular Session NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to Paulson Elec- tric 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. That the contract is being awarded subject to approval by the Urban Mass Transportation Administration. BE IT FURTHER RESOLVED: That upon signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in- structad to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of June. 1988. David L. Simon Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resohitiun. Seconded by Council Member Pratt. Carried by the foilowlng vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager sub- mitring documents providing for the bid- ding of the Fuel Dispensing System for Keyline, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Council Members Dalch, Kluesner Heckmmm, Pratt, Simon, Voetherg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 188-88 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: June 20, 1988 218 That the proposed plans, specifications, form of contract and estimated cost for the Keyilne Transit Facility -- Fuel Dispensing System, in the estimated amount of $50,000, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 20th day of June, 1988. David L. Simon Mayor Pr~-Tem ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Council Members Dcich, Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 189-88 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its )raliminary approval on the proposed flans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Keyilne Transit Facility -- Fuel Dispens- ing System. NOW, THEREFORE, BE IT RE- SOLVED that on the 18th day of July, 1988, a public hearing will be held at 7:30 p.m. in the Pubfic Library Auditorium at which time interested per- sons may appear and be heard for or against the proposed plans and specifica- tions, form of conti'act and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be ~ublished in a newspaper having general :il-cdiation in the City of Dubuque, Iowa, which notice shall not be less than fora' days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- peru' and file objections to the proposed plans, specifications~ contract, or estimated cost of the improvement. 219 Regular Session June 20, 1988 Passed, approved and adopted this 20~h day of June, 1988. David L. Simon Mayor Prc~Tem ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Councti Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO.l~8 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Keyline Transit Facility -- Fuel Dispensing System is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount winch shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 7th day of July, 1988. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 18th day of July, 1988. Passed, approved and adopted this 20th day of June, 1988. David L. Simon Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg, Carried by the following vote: Yeas--Councti Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--None. Absent--Mayor Brady. Communication of Planning and Zon- ing Commission approving request of Daniel Mueller to rezone property located at southeast corner of intersection of Highway 61-151 and 52 from AG to C-3, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. AN ORDINANCE Providing that the Code of Ordinances be amended by revis- ing the Zoning Ordinance to reclassify property at the southeast corner of the intersection of Highways 61-151 and 52 ~rom AG Agricultural Distxict to C-3 General Commercial District, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at winch it is to be finally adopted be suspended and further moved that a Public Hem'- lng be held on the proposed Ordinance on the 5th day of July, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the man- net prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Deich, Khiesner, Heckmarm, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the ~ublisher, on Notice of Publication of Resolution No. 148-88 regarding the development of Urban Renewal Plan Disposition Parcel Number 4~2; Com- municatinn of Dubuque Area Lodging Association objecting to the project of building a downtown Hotel; Communica- tion of City Manager reporting on actions Regular Session June 20, 1988 22O taken subsequent to the Council's ap- proval of the Brutger Co. proposal on May 16; Communication of Don and Charlene Nauman endorsing of plans for the new hotel, presented and read. Council Member Kluesner moved that the proof and communications be re- ceived and filed. Seconded by Council Member Vcetberg. Carried by the foilow- lng vote: Yeas--Council Members Dalch, Kinesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 191-88 A RESOLUTION OVERRULING ANY AND ALL OBJECTIONS TO THE PROPOSAL TO DISPOSE OF THE INTEREST OF THE CITY OF DUBUQUE TO DISPOSITION PAR- CEL NO. 4-2 IN THE DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 TO BRUTGER COM- PANIES, INC. AND MAKING FINAL SELECTION OF BRUTGER COMPANIES, INC. AS DEVEL- OPER OF SAID PARCEL. WHEREAS, the City Council did by Resolution No. 148-88 approve the Redeveloper proposal submittad by Brutgor Companies, Inc. for development of Urban Renewal Plan Disposition Pm'cd 4-2 and directed publication of notice of the City's intent to enter into a contract for sale of land for private redevelopment by and between the City and Brutger Companies, Inc.; and WHEREAS, pursuant to said Reselu- tion, the City Clerk did secure publica- tion of official notice in the Telegraph Herald on May 19, 1988; and WHEREAS, Chapter 403 of the Code of Iowa provides that a municipality may accept Urban Renewal Land Develop- ment proposals which are found to be in the public interest and in furtherance of the Urban Renewal Law provided that a notification of intention to accept the pro- posal shall be filed with the governing body not less than 30 days prior to the acceptance. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That any and all objections. oral and written, to the proposal to dispose of Urban Renewal Plan Disposi- tion Pm'cel No. 4-2 to Brutger Com- ~anles, Inc. having been duly considered are hereby overruled. Section 2. That the City hereby makes final selection of Bmtger Companies~ Inc. as Developer of Urban Renewal Plan Disposition Parcel No. 4-2 in Downtown Urban Renewal Project Iowa R-15. Passed, approved and adopted this 20th day of June, 1988. David L. Simon Mayor Pro.Tern ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Robert Ginter, Pres. of Dubuque Racing Assn., expressing concerns of natural settlement on Chaplain Schmitt Island and requesting funding approval AND Communication of City Manager responding to Dubuque Racing Assn. request and requesting Council review and decide on funding op- tions, presented and read. Council Member Kluesner moved that the communications be received and filed and accept the Me,roger's recommenda- tions and Assn. to finmzce projects from ;he current track income. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 192-88 RESOLUTION APPROVING HOST COUNTY RADIOLOGICAL EMER- GENCY RESPONSE PLAN FOR DUBUQUE COUNTY, IOWA WHEREAS, Iowa Electric Light and Power Company, as the licensee of the 221 Regular Sesslar, June 20, 1988 Duane Arnold Energy Center, has, as a condition of its license, a requirement that it have and mnintain a plan for the event of a radiolnglcal accident at the Duane Arnold Energy Center; and WHEREAS, Iowa Electric Light ~uld Power Company has proposed a plan to provide guidance to assist key officials in the City of Dubuque to carry out cer- tain responalbilities in the event that Dubuque County should be called upon to host evacuees from the Duane Arnold Energy Center Emergency Planning Zone; and WHEREAS, the City Council of the City of Dubuque, Iowa has reviewed the plan and determined that the plan should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Host County Radiulogicni Emergency Response Plan for Dubuque County, Iowa is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute such plan on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of June, 1988. David L. Simon Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--Council Member Heckmann. Absent--Mayor Brady. Communication of City Manager re- questing approval of the Purchase of Se~ vices Agreement for the Land of Festivals for the fiscal year beginning July 1, 1988, presented and read. Council Member Pratt moved that the communication be received and fried and approved with Mayor to execute. Second- ed by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Petition of Tim O'Malley requesting exception to City Code relative to a fence structure, presented and read. Council Member Vcetberg moved that the petition be received and filed and referred to Planning and Zoning Commis- sion to review if technical change is possi- ble. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Council Members Kluesner~ Heckmann, Pratt, Simon, Voetberg. Nays--Council Member Deich. Absent--Mayor Brady. RESOLUTION NO. 193-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the fallowing having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga~ ettes and Cigarette Papers within snid Cit~ Dave Adams Civic Center "76" 5th & Locust American Legion Post 6 1306 Delhi St. Paul E. Anthony Ring's Fine Foods 1185 Dodge St. Apartments Ltd. Dubuque Mining Co. Kennedy Mall Benevolent & Protective Order of Elks 2699 J.F.K. Angalina A. Bertolini Mario's Italian Rest. & Lounge 1298 Main St. Big River Boat Co. Pelican Pier P.O. Box 918 Judy Boteford Botsy's 1027 Rhomberg Ave. Capital Tobacco Co. 175 West 32nd St. Dubuque Golf and Country Club 1800 Randall Place Eagle Point Associates, Inc. The Toll Bridge Inn 2800 Rbemberg Ave. Regular Session Fraternal Order of Eagles # 568 1175 Century Dr. Donna Ginter Silver Dollar 342 Main St. Donna Ginter West Dubuque Tap 1701 Asbury Rd. Ground Round 50 J.F.K. Rd. Tim Herber Nineteen Hundred Tap 1100 Lincoln Ave. Hog Ryans, Inc. 1375 Locust St. Inn's of Iowa Dubuque Inn Best Western 3434 Dodge St. James Kachevas, Inc. Demetri's Rest. & Lounge 665 Dodge St. Robert J. Kehl The B~rge 2nd and Harbor Strs. Jeannine Kersch Idle Hour 1555 Central Ave. Elaine Kelly Coach House Highway 20 West Key City Bowling, Inc. Imperial Lanes 3505 Stoneman Rd. Walter Kunnert D.B.Q. Inc. Shot Tower Inn 4th and Locust Gary L. Kuperschraidt Whiskey River 1064 University Ave. Beverly Larsen Denny's Lux Club 3050 Asbury Rd. Betty Detwiler - Leib Betty's Cafe 504 Central Ave. Lynn A. Lin Park S¢~mre Tavern 600 Central Kenneth Jerome Love The Grand Tap 802 Central Ave. Marco Restaurant Village Inn 1940 J.P.K. Joe Minard -- Jim Thompson Heartland Inn 4025 Dodge St: Moracco Supper Club, Inc, 1413 Rockdale Rd. Stephanle Nelson Town Clock Inn Town Clock Plaza Norton Fast Foods, Inc. Mister Donut 900 Dodge Box 569 June 20, 1988 222 Perkin's Inc. 3500 Dodge Richard J. Ring Maid Rite Restaurant 115 West llth Sue Saffran Kennel Club 1097 Jackson Peg Schaller -- JoAnn Lloyd P.J;s 500 Rhomberg Ave. Schroby's, Inc. Schroby's 1121 University Ave. Patricia Lombardi Schuster Ms Pat's ~O. Box 174 Trausch Baking Co. 25 Main St. Maylo Turner Lucky Lady 2417 Rhomberg Ave. Thunderbirds of Dubuque Ltd. 660 Iowa St. United Auto Workers Local #94 3450 Central Ave. WCB Hotels Inc Midway Motor Lodge 3100 Dodge St. Jim Webb Jim's Web 2093 Washington Mike Weber Mike's Ten Pin Tap 601 Rhomberg Ave. Steve Weiland Steve's University "76" 2480 University Ave. Clair Woodraan Aragon Tap 1130 Iowa St. Clair Woodman Central Tap 1046 Central Ave. ARA Services A Y McDonald's 4085 McDonald Dr. ARA Services Flexsteel 3200 Jackson St. ARA Service~ W. C. Brown 2460 Kerper Blvd. ARA Services F.D.L. Cafeteria 701 E. 16th St. ARA Services Greyhound Dr. 345 E. 18th Eugene Bechen Gene's Main St. ~ap 3420 Kimberly Helda L. Bennett Old Shang 1091 Main Georgiana Chiu Rusty's Chinese Restuarant 2600 Dodge 223 Regular Session, June 20, 1988 Donald E Shanley Dubuque Yacht Basin, Inc. 1630 E: 16th. Pat & Carol Fenelon Fenelon Fine Foods Rest. 3130 Jackson Curtis L. Gerhard Knickers Saloon 2186 Central James W. Goetzinger Goetz's 2776 Jackson Ken Gratton & Kevin Wheaton Gratton & Wheaton Ent. K & K 2013 Central Ronald J. Weiner Heron, Inc. David H. Hoffman The White House Tap 709 University 450 W. Locust Patrick & Nancy Chew Holiday Oil Dist., Inc. 400 Rhomberg Patrick & Nancy Chew Holiday Oil Dist., Inc. 605 Dodge St. Patrick & Nancy Chew Holiday Oil Dist., Inc. 14th and Central Patrick & Nancy Chew Holiday Oil Dist., Inc. 1685 J.F.K. Rd. Ronald P. Enke Ioco Speede Shoppe 2335 University Ronald P. Enke & Noel Ioco~ Speede Shoppe 1998 Jackson Ronald P. Enke & Noel Ioco Speede Shoppe 3200 Central Ronald P. Enke & Noel Ioco Speede Shoppe 3250 Dodge Ronald P. Enke & Noel Ioco Speede Shoppe 1481 Dodge Ronald P. Enke & Noel Ioco Speode Shoppe 1387 Dodge Orin p. Johnson Bottom's Up 1602 Central KC &S KC & S Concessions P.O. Box 744 Angela Mangeno Hard Times Tavern 1401 Elm Robert Mehrl Milk House 2311 Windsor Cathy Meyer Meyer's Tavern 530 E. 22nd James Miller & Colin Nell Ruegnitz Drug 1920 Elm Robert E. Molo 76 Car Wash 1875 J.F.K, Robert E. Molo Big Ten Mart 2100 J.EK. Robert E. Molo Big Ten Mart 9th & Central William J. Murphy Murph's South End 3bp 139 Locust St. Dennis Walter Martin Auto Magic 2175 Central Dennis Walter Martin Oil Company 280 Locust Boake A. Sells Revco Discount Center //3016 3049 Asbury C.L. Swanson Corp. Dubuque Municipal Airport 3131 Cedar Cross Ct. David Ungs Copper Kettle 2987 Jackson St. Yuan C. Chen House of China 2245 J.F.K. Edward Weisberger Zayre //314 255 J.F. Kennedy Rd. Robert J. Breitbach Oky Doky 51 W. 32nd Krlstina L. Chapman Oky Doky Foods //14 1050 University Earl Schumacher Oky Doky//5 2204 Central Maryann Whelan Grandview Milk House 785 Southern Ave. Admiral's Hi-Hat, West 253 Main St. Mary Demmer El Toro Lounge 1445 Central Ave. Marvil Kennedy Kennedy Tap 3453 Jackson St. Passed, approved and adopted this 20th day of June~ 1988. David L. Simon Mayor Pro-Tem Regular Session, June 20, 1988 224 ATTESq~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 194-88 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Or- dinances of this City and have filed pro- per bond; NOW, THEREFORE, BE IT SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued te the following named applicants a Beer Permit. CLASS "B' BEER PERMIT Catherine M. Meyer Meyer's Tavern 530 E. 22nd St. Pusateri Bros. Inc. Pusateri Peppe Pizza 2400 Central Ave. CLASS "C' BEER PERMIT Gratton & Wheaton Enterprises, Inc. K & K Foods 2013 Central Ave. (Also Sunday Sales) Kristina L. Chapman Oky Doky #14 1050 University Ave. (Also Sunday Sales) Jena Inc. Oky Doky #15 1545 S. Grandvlew (Also Sunday Sales) Palmer Drug Co. Grandview Drug 486 N. Grandview fAlso Sunday Sales) CLASS ~'E" BEER PERMIT Hy-Vee Food Stores, Inc. 3500 Dodge St. (Also Sunday Sales) Passed, approved and adopted this 20th day of June, 1988. David L. Simon Mayor Pro-Tem ATTE Sq~. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded bY Council Member Heckmann. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None, Absent--Mayor Brady. RESOLUTION NO. 195-88 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 Counc'fl of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Peg Schaller & JoAnn Lloyd P.J:s 500 Rhomberg American Legion Post 6 1306 Delhi St. James R. Ferring Dubuque Bowling Lanes 10291/2 Main St. Heron, Inc. Walnut Tap 709 University Ave. Eugene A. Otting The Dip Tap 1689 Elm St. Eugene J. & Catherine Bechen Gene's Main St. Tap 1007 Main St. Lloyd Dalsing Chateau 3750 Central Ave. tAlso Sunday Sales) 225 Marvil I. Kennedy Kennedy's Tap r Session, June 20, 1988 Public Library of 5-17, presented and 34th & Jackson read. Joter Incorporated Bridge Rest. & Lounge 31-35 Locust St. (Also Sunday Sales) Michael John Sawvell Butter's Bar 1700 Central Ave. (Also Sunday Sales) Wayne Paul Schollmeyer Paul's ~avern 176 Locust St. (Also Sunday Sales) Creslanes Bowling, Inc. 255 S. Main St. (Also Sunday Sales) Kenneth Love Grand Tap 802 Central Ave. (Also Sunday Sales) CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Lodge 355 Loyal Order of Moose 12th and Main St. (Also Sunday Sales) CLASS "E" LIQUOR LICENSE Beecher Co., Inc. Beecher Beverage 1691 Asbury Rd. Passed, approved and adopted this 20th day of June, 1988. David L. Simon Mayor Pro-Tom ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Cm-ried by the following vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. MINUTES SUBMITTED: Cable Community ~leprogramming Comn~ of 6-7; Park and Recreation Comm. of 5-10; Council Member Vcetberg moved that the minutes be received and filed. Seconded by Council Member Daich. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. NOTICES OF SUITS/CLAIMS: Anderson Weber, Inc., in amt. of ;3911.36 for property damages; Tim A. & Linda M. Ganahl in uoknown amt. for backed up sewer damages; Joyce Ney, in unknown amt. for personal injuries; Thomas Tigges in anat. of $188.57 for backed up sewer damages; IA DOT vs. City of Dubuque et ai appealing award of the compensation commission for Hartig properties, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and ~port. Seconded by Council Member Deich, Carried by the following vote: Yeas-- Council Members Deich, Kfuesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Notices from IA DOT of the condem- nation of certain rights for Anthony pro- perties; Herbst & Son, Inc. and Cyclone Auto sales properties; Conion Building Co. properties; Hefiing properties, read. Counail Member Veetberg moved that tbe notices be received and filed. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brad~ Conununication of Assistant City At- torney O'Brien advising of ruling re- garding the Flynn Case, presented and read: Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Deice Carried by the following vote: Yeas --Council Members Deich, Kfuesner, Heckmann. Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Regular Session Petition of Rev. Kutsch of St. Anthony's Church requesting ~outh side of Rosedaie St. from St. Ambrose St. east to the alley be designated as "No Parking" zone, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Kfuesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Petition of resident landowners of V~ 11th St, requesting elimination of park- ing on portions of nearby streets. presented and read, Council Member Voetberg moved that the proof of publication be referred to the City Manager. Seconded by Council Member Deice Carried by the following vote: Yeas--Council Members Deich Kluesne~; Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on List of claims for the month of April, 1988, presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Daich. Carried by the following vote: Yeas--Council Members Daich, Klues- nor, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Peoples Natural Gas submitting ti~eir 1988 Dubuque An- nual Report, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Daich. Carried by the fo[lowing vote: Yeas-- Council Members Deich, Kluesner, Hock- mann, Pratt, Simon, Voetberg. Nays-- None. Absent--Mayor Brady. Communication of TCI Cablevision submitting their annual report for year ending December 31, 1987, presented and read. Council Member Voetberg moved that June 20, 1988 226 .he communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. REFUNDS REQUESTED: The Keg- ger Beer Store requesting $56.25 on unexpired Beer Permit, presented and read. Council Member Voetberg moved that the refund be approved and Finance Director to issue proper check. Second- ed by Council Member Daich. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. There being no further business, Coun- cil Member Pratt moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Deich, Klues- nor, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Meeting adjourned at 9:26 P.M. Mary A Davis City Clerk Approved 1988 Adopted 1988 Mayor Counail Members ATTESt. City Clerk