The URL can be used to link to this page

1988 July Council ProceedingsCITY COUNCIL OFFICIAL Regular Session, July 5, 1988 Council met at 7:30 p.m., Public Library Auditorium Present--Mayor Brady, Council Members Deich, Heckmann, Kluesner Simon, Voetberg, City Manager W. Ken- neth Geathart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Pratt. Mayor Brady read the ccil and stated this session is the REGUL, MEETING of the City Council called for the purpose to act upon such business winch may properly come before the Council. Invocation was given by Rev. Rocky Mease, Assistant Pastor of St. Paul Lutheran Church. Assistant Library Director Maeve Clark introduced Nicola (Nicky) Stanke, new Library Director for the City. PROCLAMATIONS: Week of July 10-16 as: "Elderbestel Week" received by John Hess from Loras College, and representing Clarke College and the University of Dubuque. Proof of publication, certified to by the Publleker, on Notice of Public Hearing to reclassify property at the comer of the intersection of Highway 61-151 and 52 from AG Agricultural District to C-3 General District zoning, presented and read. No written objections were received and no oral objectors were present. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Comqcil Member Dcich. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Council Member Kluesner moved to suspend the rules to allow anyone to y 5, 1988 227 address the Council. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Member Pratt. ORDINANCE NO. 33-38 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 RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT THE SOUTHEAST CORNER OF THE IN- TERSECTION OF HIGHWAY 61-151 AND 52 FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COM- MERCIAL DISTRICT, said Ord/nance having been presented and read at the Council Meeting of June 20, 1988, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 33-88 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 RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT THE SOUTHEAST CORNER OF THE IN- TERSECTION OF HIGHWAY 61-151 AND 52 FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COM- MERCIAL DISTRICT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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", by reclassify- Lng hereinafter described property from "AG Agricultural District" to "C-3 General Commercial District", to wit: 228 Regular Session, July 5, 1988 Lot 3 of Key Gate Center west of the Table Mound Township llne in Table Mound Township and to the center line of the adjoining U.S. Highway 61 and 151, all located 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 of Dubuque, Iowa. Passed, approved and adopted this 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 11th day of July, 1988. Mary A. Davis City Clerk 1t7/11 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays-- None. Abeent--Council Member Pratt. Continuance of Public Hearing to rezone property at 3051, 3055 and 3077 Brunskill Road from R-1 Single Family Residential to CS Commerical Service and Wholesale District (public input closed at 6/6/88 meeting); Communication of Zoning Bd. of Adjustment submitting their findings regarding the appeal filed by Randy Mills on an administrative decision regarding the lawful noncon- forming use of the premises knovm as 3055 Brunsldli Road; Communication of Randy Mills requesting to remove Or- dlnance from toble and consider rezoning the property at 3055 Brunsldli Road ONLY from R-1 Sing~Famliy Residence District to CS Commercial Service and Wholesale District and give Ordinance a second reading only; AND Petition of Mr. and Mrs. Kenneth Thill requesting to kdep zoning in area as residential zon- hig, presented and reed. Council Member Heckmann moved that the communications and petition be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmarm, Simon, Voetberg. Nays--None. Abeent--Council Member Pratt. Council Member Heckmann moved that they remove the Ordinance from the table. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Heckmann, Simon, Vcetberg. Nays--None. Absent--Council Member Pratt. An ORDINANCE Providing that the Code of Ordinances be amended by reclassifying property at 3051, 3055 and 3077 Brunskill Rd. from R-1 Single- Family Residential District to CS Com- mercial Service and Wholesale District zoning request providing that the Code of Ordinances be amended by reclassify- ing property at 3051, 3055 and 3077 Brunskill Road from R-1 Single Family Residential District to CS Commercial Service and Wholesale District, said Or- dinance having been reed at the meeting of May 20, presented for final action. Council Member Deich moved to amend the Ordinance by removing pro- perty at 3051 and 3077 Brunskili Read. MOTION DIED FOR LACK OF A SECOND. Council Member Simon moved that they specify that the properties under consideration for denial be 3051 and 3077 Brunsldll Road ONLY. Seconded by Council Member Deich. NO VOTE TAKEN ON THE MOTION. Council Member Kluesner moved that they reject the zoning request at 3055 Brunsldll. Seconded by Council Member Heckmann. Carried by the fonowing vote: Yeas--Mayor Brady, Council Members Deich, Simon, Voetberg. Nays--Council Members He&mann, Kluesner. Absent--Council Member Pratt. Council Member Simon moved that they reconsider the vote on the action. Seconded by Council Member Dcich. Ca~ tied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Simon, Voetberg. Nays--Council Members Regular Session, July 5, 1988 229 Heckmann, Kluesner. Absent--Council Member Pratt. Council Member Kluesner moved that they deny the original zoning request. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of City Manager sub- mitting documents providing for bidding procedures for Concrete Pavement repairs to Kerper Blvd. (U.S. #61 & 151) between E. 16th St. and Pine Sts, 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-- Mayor Brady, Council Members Deich, Kluesner, Neckmann, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 196-88 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Kerper Boulevard (U.S. #61 and 151) from E. 16th Street to Pine Street, Full Depth P.C. Concrete Patching Project, in the estimated amount of $33,126.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 5th day of July, 1988. Jan~es E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Veetberg. Nays None. Absent--Council Member Pratt. RESOLUTION NO. 197-88 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public hispec$ion of the Kerper Boulevard (U.S. #61 and 151) from E. 16th Street to Pine Street, Full Depth P.C. Concrete Patching Project. NOW, THEREFORE, BE IT RE- SOLVED that on the 1st day of August, 1988, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may ap- pear and be heard for or against the pro- posed plans and specifications, form of contract 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 published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hear- ing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 5th day of July, 1988. James E. Brady Mayor 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--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays-- None. Abeent--Councll Member Pratt. RESOLUTION NO. 198-88 ORDERING BIDS 230 Regular Session, July 5, 1988 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Kerper Boulevard (U.S. #61 and 151) from E. 16th Street to Pine Street, Full Depth P.C. Concrete Patch- lng Project is hereby ordered to be adver- tised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall 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, winch 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 26th day of July, 1988. Bids shall be opened and read by the City Clerk at said tinge and will be submitted to the Council for final action at 7:30 p.m. on the let day of August, 1988. Passed, approved and adopted this 5th day of July, 1988. James E. Brady Mayor 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--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Veetberg. Nays-- None. Absent--Council Member Pratt. Communication of City Manager sub- mitting documents providing for bidding procedures for construction of the Roosevelt Road Sanitary Sewer, in the vicinity of Peru Road, presented and read. Comtcil Member Kluesner moved that the communication be received and filed. Seconded by Council Member Hock- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann. Simon, Voetberg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 199-88 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Roosevelt Read Sanitary Sewer, in the esthna~-d amount of $129,412.66, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Heckmama. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Heckmann, Simon, Vcetberg. Nays-- None. Absent--Council Member Pratt. RESOLUTION NO. 200-88 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, spocificatlor~s, and form of contract and placed same on ftc in the office of the City CIerk for public inspection of the Roosevelt Read Sanitary Sewer. NOW, THEREFORE, BE IT RE- SOLVED that on the 1st day of August, 1988, a public heaving will be held at 7:30 p.m. in ~he Public Library Auditorium at which time interested persons may ap- pear and be heard for or against the pro- posed plans and specifications, form of Regular Session, July 5, 1988 231 contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such bearing to be published in a newspaper having general circulation in the City of Dubuque. Iowa, winch notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hear- ing, m~y interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cos~ of the improvement. Passed, approved and adopted this 5th day of July. 1988. Jmes E. Brady Mayor ArPTEST: Mary A. Davis City Clerk Council Member Khiesner moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Hechmann, Simon, Voetberg. Nays-- None. Absent--Council Member Pratt. RESOLUTION NO. 201-88 RESOLUTION OF NECESSITY WHEREAS. proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the Roosevelt Road S~tary Sewer. BE IT THEREFORE RESOEVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on lile with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be con~ structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve~ ment will be assessed partially or total- ly against privately owned property ly- ing witifin the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City wdl bc paid from thc Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of deferred paymants of assesslnents when a contract has been performed and accepted, and the pro- ceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on ftc with the City Clerk this 5th day of July, 1988. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Member Pratt. RESOLUTION NO. 202-88 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on ftc in the office of the City Clerk for public inspection, for the Roosevelt Road Sanitary Sewer, and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. 232 Regular Session, July 5, 1988 NOW, THEREFORE, BE IT RE- SOLVED, that on the 1st day of August, 1988, a public hearing will be held at 7:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed ira- provement or any other person having an interest in the matter may appear and be beard for or against the making of the im- provement, the boundaries of the district, the cost, the assessment against any lot, or the fmai adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hear- ing to be published in a newspaper hav- Lng general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two con- secutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its considera- tion. Unless property owners at the time of the final consideration of tins proposed resolution have on file with the City Clerk objections to the Resolution of Necessi- ty they shall be deemed to have waived all objections thereto. Passed, approved and adopted tins 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk CouncilMember Kluesner moved adop- tion of the Resolution. Seconded by Council Member Heckmmm. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Member Pratt. RESOLUTION NO. 2~8 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the attached sheets, i to I in- chiaive, are hereby determined to be the schedule of proposed assessments for the Roosevelt Road Sanitary Sewer and the valuations set out herein are hereby approved. Passed, approved and adopted this 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member IGuesner moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Member Pratt. Communication of City Manager sub- mltting documents providing for bidding procedures for Major Rehabilitation of the Locust Street Parking Ramp, 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-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 204-88 PRELIMINARY APPROVAL OF pLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Rehabilitation of Locust Stxeet Park- ing Ramp, in the estimated amount of $572,000.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved, and adopted tins 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Regular Session, July Council Member Voetberg. Carried by the followle~ vote: Yeas--Mayor Brady, Council Members Deich. Kluesner, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Member Pratt. RESOLUTION NO. 205~8 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, spodfications, and form of contract and placed stone on file in the office of the City Clerk for public inspection of t~e Rehabilitation of Locust Street Parking Ramp. NOW, THEREFORE, BE IT RE- SOLVED that on the 1st day of August, 1988, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may ap- pear and be heard for or against the pro- posed plans and specifications, form of contract 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 published in a newspaper having general circulation in the City of Dubuque, Iowa, winch notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hear- ing, any interested person may appear and file objections to the proposed plens, spedfications, contract, or estimated cost of the improvement. Passed, approved and adopted tins 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by C~uncil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Member Pratt. RESOLUTION NO. 206-88 5, 1988 233 ORDERING BIDS BE IT RESOLVED BY TIlE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Rehabilitation of Locust Street Parking Ramp is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications beretofore 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, I0wa, 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 21st day of July, 1988. Bids shall be oponad 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 1st day of August, 1988. Passed, approved and adopted tins 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueauer moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluosner, Heckmaan, Simon, Voetberg. Nays-- None. Abeent--Coundfl Member Pratt. Communication of City Manager sub- mitting documents regarding Metrix Company's relocation expansion project, presented and read. Coundd Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Heckmann, Simon, Voetberg. 234 Regular Session, July 5, 1988 Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 207.88 A RESOLUTION OF INTENTION TO DISPOSE OF CITY OWNED PROPERTY LOT 2 OF LOT 2 OF THE DUBUQUE INDUSTRIAL CENTER, FIFTH ADDITION, CITY OF DUBUQUE, DUBUQUE COUNTY. WHEREAS, the City of Dubuque in- cluded portions of the Dubuque In- dustrial Center in an Urban Renewal]Economic Development District in an effort to enhance local economic development opportunities; and WHEREAS, the City of Dubuque's Planning and Zoning Commission has ap- proved the designation of the Dubuque Industrial Center as Planned Industrial District; and WHEREAS, The Mctrix Company, a local medical supply manufacturer, has expressed a desire to acquire from the City of Dubuque, Lot 2 of Lot 2 of the Dubuque Industrial Center, Fifth Addi- tion; and WHEREAS, The Metrix Company has agreed to develop said property in ac- cordance with the terms and conditions set forth in the Dubuque Industrial Center Economic Development Urban Renewal Plans, the Conditions of Development and Operation estabhshed for the Dubuque Industrial Center Planned Industrial District and the Disposition Documents developed for i said transaction; and WHEREAS, said documents are on me and available for public viewing at the City Clerk's office, 13th and Central, Dubuque, Iowa during normal working hours. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2 of Lot 2 of the Dubuque Industrial Center, Fifth Addition, City of Dubuque, Dubuque County. Section 2. That said parcel shall be developed in accordance with the terms and conditions established herein. Section 3. That the City of Dubuque, Iowa proposes to dispose of its interest in said real estate, with the reservations identified herein, to The MetSx Company of Dubuque, Iowa for the consideration of $48,850.00. Section 4. That this Council meet in the Carnegie-Stout Public Library Auditorium, llth and Bluff Streets, Dubuque, Iowa, at 7:30 p.m., on the 18th day of July, 1988, for the purpose of tak- ing action on the disposition of Lot 2 of Lot 2 of the Dubuque Industrial Center, Fifth Addition, City of Dubuque, Dubu- que County. Section 5. That the City Clerk be and she is hereby authorized and directed to cause a notice to be published as pre- scribed under Chapter 364.7, Disposal of Property -- Code of Iowa 1987 or as amended. Passed, approved and adopted this 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution, setting Public Hearing for July 18, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Khiesner, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Member Pratt. RESOLUTION NO. 208-88 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSI- TION OF THE ISSUANCE OF NOT TO EXCEED $125,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES OF THE CITY OF DUBUQUE, IOWA AND EXE- CUTION OF LOAN AGREEMENTS _Regular Session, RELATING THERETO, AND PRO- VIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue Urban Renewal Tax Increment Revenue Notes to the amount of not to exceed $193,000, as authorized by Section 403.9 of the City Cede of Iowa, and enter into one or more loan agreements relating thereto, for the pur- pose of providing funds to pay costs of carrying out a project as hereinafter described; and WHEREAS, neither Section 403.9 nor any other Code provision sets forth any procedural action required to be taken before said Notes may be issued, and pur- suant to Section 364.6 of the City Code of Iowa, it is determined that the pro- cedure specified in Code Section 384.25 shall apply and it is deemed sufficient that the action hereinafter described be taken and the Clerk publish a notice of the proposal and of the time and place of the meeting at which the C oun(fl pro- poses to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action, NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie Stout Library, Dubuque, Iowa, at 7:30 o'clock p.m., on the 18th day of July, 1988, for the put- pose of taking action on the matter of the issuance of not to exceed $125,000 Ur- ban Renewal Tax Increment Revenue Notes of the City of Dubuque, Iowa and agreements relating thereto, the proceeds of which Notes will be used to provide funds to pay costs of carrying out the Dubuque Industrial Center Economic Development District urban renewai pro- ject, including but not limited to the ac- quisition of real property, demolition and site preparation and the sale of land for redevelopment under the terms and con- ditions of said urban renewal plan. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, July5, 1988 235 in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said Notes. Section 3. The notice of the proposed action to issue said Notes shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EX- CEED $125,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES OF SAID CITY AND EXECUTION OF LOAN AGREEMENTS RE- LATING THERETO, AND THE HEARING ON THE IS- SUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 18th day of July, 1988, at 7:30 o'clock p.m., in the Public Library Auditorium, Dubuque, Iowa, at which meeting the Council proposes to take additional ac- tion for the issuance of not to exceed $125,000 Urban Renewal Tax Increment Revenue Notes of the City of Dubuque, relating thereto, in order to provide funds to pay costs of carrying out the Dubuque Industrial Center Economic Develop- ment District urban renewal project, ckidlng but not limited to the acquisition of real property, demolition and site preparation and the sale of land for redevelopment under the terms and con- ditions of said urban renewai plan. At the above meeting the Council shaft any resident or property owner of said Ci- ty, to the above action. After ail object- ions have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional ac- tion for the issuance of said Notes or will abandon the proposal to issue said Notes. By order of the Council said hearing and appeals therefrom shall be held in accord- ance with and governed by the provisions 236 Regular Session, July 5, 1988 of Section 384.25 of the City Code of Iowa. This. notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 384.25 and 364.6 of the City Code of Iowa. Code Section 384.25 shall govern tins meeting and action taken thereat. Dated this 5th day of July, 1988. Mary A. Davis City Clerk of Dubuque, Iowa Passed, approved and adopted this 5th day of July, 1988. James E. Brady Mayor AT~EST: Mary A. Davis City Clerk Council Member Kluesner moved adoly tion of the Resalution, setting Public Hearing for July 18, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Ciork publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Counc!l Members Deich, Kinosner Heakmaon, Simon, Voetherg. Nays-- None. Absent--Council Member Pratt. Com~aunication of City Manager sub- mittin~ Ordinance to increase Handicap Parking violation from $15 to $25, presented and read. Council Member Kluesner moved that the communication be received and fried. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetherg. Nays--None. Absent--Council Member Pratt. ORDINANCE NO. 34-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SECTION 25~348 THEREOF AND ENACTING A NEW SECTION 25-348 IN LIEU THEREOF REVISING THE PENALTY FOR IM- PROPER USE OF HANDICAPPED PARKING SPACES, said Ordinance having been presented and read at the Council Meeting of 6-20-88, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 34-88 AN ORDINANCE AMENDING THE X)DE OF ORDINANCES OF THE CI- TY OF DUBUQE, IOWA, BY REPEALING SECTION 25-348 THEREOF AND ENACTING A NEW SECTION 25-348 IN LIEU THEREOF REVISING THE PENALTY FOR IM- PROPER USE OF HANDICAPPED PARKING SPACES NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Section 25-348 thereof and enacting a new Section 25-348 in lleu thereof as foliows: "Sec. 25-348. Proinbited use of park- ing places or identification devices declare violation. The use of a handicapped parking space, located on either public or private property, by a motor veincle not display- ing a special identification device issued by the Iowa Department of Transporta- tion, or by a motor veincle displaying such a device but not being used by a handicapped person, as operator or )ass~ager, is a misdemeanor. A fine may be imposed upon the owner, operator or lessee of the motor vehicle. The fine for each violation is twenty-five dollars $25.00)." Passed, approved and adopted this 5th day of July, 1988. Jameg E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tins 11th day of July, 1988. Mary A. Davis City Clerk It 7/11 Regular Session, July 5, 1988 237 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Cauncil Member Voetberg. Carried by the followlng vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Member Pratt. Communication of City Manager sub- mltting Ordinance providing fei the placement of stop signs for eastbound and westbound traffic at the intersection of Solon and Nevada Sts., presented and read. Council Member Heckmann 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, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. ORDINANCE NO. 35-38 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADD- ING SOLON STREET TO SUBSEC- TION (b) OF SECTION 25-210 THEREOF PROVIDING FOR THE DESIGNATION OF STOP SIGNS AT THE INTERSECTION OF SOLON STREET AND NEVADA STREET, said Ordinance having been presented and read at the Council Meeting of June 20, 1988, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 35-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADD- ING SOLON STREET TO SUBSEC- TION (b) OF SECTION 25-210 THEREOF PROVIDING FOR THE DESIGNATION OF STOP SIGNS AT THE INTERSECTION OF SOLON STREET AND NEVADA STREET NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding Solon Street to Subsection (b) of Section 25-210 thereof as follows: "Sec. 25-210. Stop Intersections. (b) EASTBOUND AND WESTBOUND Solon Street and Nevada Street" Passed, approved and adopted tins 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tins 11th day of July, 1988. Mary A. Davis City Clerk It 7/11 Council Member Heckmann moved final adoption of the Ordinance. Second- ed by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, I~eckmarm, Simon, Voctberg. Nays--None. Absent--Council Member BOARDS AND COMMISSIONS APPOINTMENTS: FIVE FLAGS CIVIC CENTER -- Two 3-Year terms which will expire 6-29-91 (terms of McEvoy and Oehrie). Applicants: Neal R. McEvoy and John Oehrle. Council Member Simon moved that Neal McEvoy and John Oehrle be reap- pointed to that three year term. Second- ed by Council Member Dalch. Carried by the foilowing vote: Yeas--Mayor Brady. Council Members Daich, Kinesner, Heckmmm, Simon, Voetherg. Nays-- None. Absent--Council Member Pratt. PARK AND RECRECATION COM- MISSION -- Two 3-Year terms which will expit~ 6-30-91 (terms of Bean & Mur- ray). APPLICANTS: Richm'd A. Bean, Harry J. Bernie, Ralph Q. Hartlep, Jr., John G. Miller, Francis A. Murray, Jr. First vote: Mayor Brady voted for Hoxtlep & Miller; Council Member Deich voted for Hartlep & Miller; Council Member Kluesner voted for Bean and Murray; Council Member Heckmann 238 Regular Session, July 5, 1988 voted for Bean and Murray; Council Member Pratt--Absent; Council Member Simon voted for Bean & Murray; Coun- cil Member Voetberg voted for Bean and Har~tep. Therefore Richard Bean reap- pointed to a three year term which will expire 6-30-91. Second vote: Mayor Brady voted for Hartlep; Council Member Deich voted for Hartlep; Court- cil Member Kluesner voted for Murray; Council Member Heckmann voted for Hartlep; Council Member Pratt--Abeent; Council Member Simon voted for Mur- ray; Council Member Voetberg voted for Hartlep. Therefore, Ralph Hartlep ap- pointed to a three year term which will expire 6-30-91. TV CABLE REGULATORY COM- MISSION -- 3 VACANCIES One 3-Year term which will expire 6-30-91; 'One 3-Year term which will expire 6-30-90; One unexpired term which will expire 6-30-90. APPLICANTS: Gil Boultlnghouse, Jim Renier, Lawrence Sloman, Walter L. Webster. First vote for term to expire 6-30-91; Mayor Brady voted for Renier; Council Member Dalch voted for Renier; Coun- cil Member Khieener voted for Renier; Council Member Heckmann voted for Renler; Council Member Pratt absent; Council Member Simon voted for Renier; Council Member Voetberg voted for Reuler. Therefore, Jim Renier reap- pointed to a three year term which will expire 6-30-91. Vote for term which will expire 6-30-90. Mayor Brady voted for Sloman; Council Member Deich vo~d for Webster; Council Member Kluesner voted for Webster; Council Member Heckmann voted for Webster; Council Member Pratt absent; Council Member Simon voted for Webster; Council Member Vcetberg voted for Webster. Therefore Walter Webster appointed to the term which will expire 6-30-90. Vote for term which will expire 6-30-89. Mayor Brady voted for Sloman; Council Member Dcich voted for Sloman; Coun- cil Member Kluesner voted for Boultinghouse; Council Member Heckmann voted for Boultinghouse; Council Member Pratt absent; Council Member Simon voted for Sloman; Coun- cil Member Voetberg voted for Boultinghouse. Second vote -- All voted for Boultinghouse who therefore was atr pointed to the term that expires 6-30-89. TV CABLE 'COMMUNITY TELE- PROGRAMMING COMMISSION -- Thine 3-Year terms which will expire 6-30-91 (terms of Cronin, Lenane, & Nash); One unexpired term which will ex- pire 6-30-90 (term of B. Everist). AP- PLICANTS: Rosemary Crouin, Hugh P. Lenane, Russell W. Nash, Daniel F. O'Connell, Don J. Ross. Vote on the appointments for the terms to expire 6-30-91: Mayor Brady voted for Cronin, Lenane and Nash; Council Member Deich voted for Cranin, Lenane and Nash; Council Member Kluesner voted for Cronin, Lenane and Nash; Council Member Heckmann voted for Cronin, Lenane and Nash; Council Member Pratt absent; Council Member Simon voted for Crouin, Lenane and Nash; Council Member Voetberg voted for Crouin, Lenane and Nash. They (Cranln, Lenane & Nosh) were thus reap- pointed to three year terms that expire 6-30-91. Vote on the term which will ex- pire 6-30-90: Mayor Brady voted for O'Connell; Council Member Deich voted for O'Counell; Council Member Kluesner voted for O'Connell; Council Member Heckmann voted for O'Connell; Council Member Pratt absent; Council Member Simon voted for Ross; Council Member Voetberg voted for O'Conneil. Therefore, Daniel O'Connell appointed to the term that expires 6-30-90. RESOLUTION NO. 209-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having compiled with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Carol Burehette and Phyllis Dunne Beanie's Cafe 1400 Central Carrall Clark Quick Clean Laundry 1313 Dodge Street Ronuid D. Graft ILil Island Hopper 1155 Grove Terr. #5 1988 239 James R. Ferring Dubuque Bc~vllng Lanes 1029Ve Main Street Harriet J. Ginter Jena, Inc. Oky Doky #15 1545 South Grand, flew Marco Giunta Marco's Italian & American Food 2022 Central Patcicla Crocker King of Clubs 1902 Central WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "E" BEER PERMIT Clara L. Johnson Lucky 13 Tap 385 East 13th Street Dennis A. Althaus Eugene A. Otting The Dip Tap 1689 Elm Street Holiday Inn Inc. Holiday Inn Motel 1111 Dodge Street Lenny's Ave. Top Inc. Lenny's Ave. Top 1080 University Willco Inc. Oky Doky Foods #10 805 West 5th Street Billy Bucks Billy Buck's E. St, Tap 521 E. 22nd phillip R. Love The Lounge 481 Locust Wayne Schollmeyer Paul's Tavern 176 Locust Passed, approved and adopted this 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Co~mcil Member Deich moved adop- tion of the Resointinn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Hcckmann, Simon, Voetberg. Nays-- None. Absent--Council Membcr [h-att. RESOLUTION NO. 210-88 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Family Beer Center 3400 Central Ave. (Also Sunday Sales) Passed, approved and adopted this 5th day of July, 1988. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Khiesner, Heckmann, Simon, Vcetberg. Nays-- Absent--Council Member Pratt. RESOLUTION NO. 211-88 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- cupled by such applicants were inspected , with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT BE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be author]zed to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE 240 Regular Session, July 5, 1988 Yuan C. Chen House of China 2235-2239 J.F.K. IAlso Sunday Sales) Fischer & Company Fischer Bowling Lanes 880 Locust (Also Sunday Sales) Curtis L. Gerhard Knickers Saloon 2186 Central (Also Sunday Sales) WCB Rest., Inc. Hoftman House Rest. 3100 Dodge Street (Also Sunday Sales) Yuen S. Chan Ltd Kobe Japanese Rest. 951 Main St. (Also Sunday Sales) Passed, approved and adopted tins 5th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kineaner, Heckmann, Simon, Vectberg. Nays-- None. Absent--Council Member Pratt. Abstain--Council Member Heckmann on Hoffmann House only. MINUTES SUBMITTED: Five Flags Commission of 6-20; Historic Preserva- tion Commission of 5-21 & 6-6; Human Rights Commission of 6-13; planning and Zoning Commission of 6-1; Police & Fire Retirement Boards of 6-20, presented and read. Council Member Simon moved that the minutes be received and llled. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Vcetberg. Nays-- None. Absent--Council Member Pratt. NOTICE OF CLAIMS/SUITS: ukike Fralhage in amount of $10.40 for car damages; Auto, Owners Insurance on behalf of Donald Klein, in the amount of $2,513.14 for auto damages, presented and read. Council Member Simon moved that the claims and suits be reterred to the Legal for investigation and report. Seconded by Council Member Kinesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Notice of Appraisement of Damages and Time for Appeal for condemnation' for relocated primary road U.S. 61 in the City for Wayne Anthony et al, and James Helilng et al properties, presented and read. Council Member Simon moved that the notices be received and filed. Seconded by Council Member Kluesn~'. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Heckmann, Simon, Vootherg. Nays-- None. Absent--Council Member Pratt. proof of publication, certified to by the Publisher, on Notice to release funds for the Metrix Co. project, presented and read. Counc'fl Member Simon moved that the proof be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Heckmann, Simon, Vootbeag. Nays-- None. Abeant--Council Member Pratt. Conununication of City Manager sub- mitring Financial Reports for month of May, 1988, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Submission of Unified Work Program for FY 1989, presented and read. Council Meauber Simon moved that the report be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khmsner, Heckma~m, Simon, Vcetberg. Nays-- None. Absent--Council Member Pratt. Regular Session REFUNDS REQUESTED: Bruce Wiilinms, in amt. of $150 for unexpired Class "C" Beer Permit, presented and read. Council Member Simon moved that the refunds be approved with Finance Direc- tor to issue proper check. Seconded by Council Member Klucener. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Simon, Voetherg. Nays-- None. Absent--Council Member Pratt. There being no further business, Coun- cil Member Simon moved to adjourn the meeting. Seconded by Council Member Voetbexg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Heckmann, Simon, Vcetberg. Nays--None. Absent--Council Member Pratt. Meeting adjourned at 9:00 P.M. Mary A. Davis City Clerk Approved 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk July 5, 1988 241 242 Board of Health Meeting, July 18, 1988 ATTEST: BOARD OF HEALTH OFFICIAL Board of Health Meeting, July 18, 1988 Board met at 7:23 p.m., Public Library Auditorium Present--Chairperson Brady, Board Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Chairperson Brady read the call and stated this is the REGULAR QUARTERLY MEETING of the Board of Health called for the purpose to act upon such business which may properly come before the Board. No business to come before the Board, Board Member Simon moved to adjourn the meeting, Seconded by Board Member Voetherg. Carried by the following vote: Yeas--Chairperson Brady, Board Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 7:38 p.m. Mary A. Davis Secretary, Board of Health Approved __ -- 1989 Adopted 1989 Chairperson Board of Health Secretary Regular Session CITY COUNCIL OFFICIAL Regular Session, July 18, 1988 Counail Met at 7:30 p.m., Public Library Auditorium Present--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetherg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MEETING OF THE CITY COUNCIL called for the pur- pose to act upon such business which may properly come before the Council. Invocation was given by Rev. Edward L. Novak, Pastor of St. Peter's Lutheran Church. PROCLAMATION: Week of July 24-30 as "Stonehfll Care Center Week" received by Sister Delores Schneider. Council Member Kluesner moved that the rules be suspended to allow anyone present to speak. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Communication of City Manager re- questing approval of documents related to the Metrlx Project in the Dubuque In- dustrial Center AND Proof of publica- tion, certified to by the Publisher, on Notice of Public Hearing on the matter of issuance of not to exceed $125,000 Ur- ban Renewal Tax Increment Revenue Notes and execution of Loan Agreements relating thereto, 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 communication and proof be received and filed. Seconded by Council .Member Voetberg, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon. Voetberg. Nays--None. July. 18, 1988 243 RESOLUTION NO. 212-88 RESOLUTION INSTITUTING PRO- CEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $125,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES AND EXECU- TION OF LOAN AGREEMENTS RELATING THERETO WHEREAS, p?arsuant to notice published as required by law, this Coun- cil has held a public meeting and hear- ing upon the proposal to institute pro- ceedings for the issuance of not to exceed $125,000 Urban Renewal Tax Increment Revenue Notes and execution of loan agreements ralating thereto for the pur- pose of paying costs of carrying out of the Dubuque Industrial Center Economic Development District urban renewal pro- ject, including but not limited to the ac- quisition of real property, demolition and site preparation and the sale of land for redevelopment under the terms and con- dltions of said urban renewal plan, under the authority of Chapter 403 of the Code of Iowa, 1987, and has considered the ex- tent of objections received from residents or property owners as to said proposed issuance of Notes; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $125,000 Urban Renewal Tax In- erement Revenue Notes and execution of loan agreements relating thereto for the foregoing purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said Notes, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distxibuto the same on behalf of the City and this Council and otherwise to take all action necessary to perfect the sale of said notes on a basis favorable to the City and acceptable to the Council. 244 Regular Session July 18, 1988 Passed, adopted and approved this 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member KIuesner moved adop- ~ tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Ktuesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Pabllsber, on Notice of Public Hearing to dispose of Lot 1 of Lot 2 of Lot 2 of Dubuque Industrial Center, Fifth Addi- tion to The Metrix Company in amount of $48,850.00, presented and read. No written objections were received and no oral objectors were present at the public hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 213-88 A RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1 OF LOT 2 OF LOT 2, DUBUQUE INDUSTRIAL CENTER, FIFTH ADDITION WHEREAS, the City of Dubuque is the owner of Lot 1 of Lot 9 of Lot 2 in the Dubuque Industrial Center, Fifth AdditiOn; and WHEREAS, The Metrix Company -- a incal medical supply firm -- has ex- pressed a desire to acquire the 9.77 acre parcel for the development of a 43,000 square foot manufacturing Iacility; and WHEREAS, The City of Dubuque has determined that the disposition of said real estate to The Metrix Company will create employment opportunities for low and moderate income persons, increase the property tax base and otherwise ad- vance local economic development efforts. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to prepare and execute on behalf of the City of Dubuque the documents necessary for disposition of the following iescribed real estate to The Metrix Company: Lot 1 of Lot 2 of Lot 2 in the Dubuque Industrial Center, Fifth Addition, in the City of Dubuque, Iowa. Section 2. That the conveyance of said real estate to The Metrix Company be contingent upon the receipt of a payment of $48,850.00. Section 3. That the City Clerk be and she is hereby authorized and directed to cause a notice of intent to dispose of said real estate to The Metrix Company in a manner as prescribed by law. Passed, approved and adopted this 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion oI the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hem'ing on Plans and Specs. for the Keyline Tran- sit Facility -- Fuel Dispensing System, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that Regular Session, July 18, 1988 245 the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady. Council Members Dcich, Heckmann, Kluesner. Pratt, Simon, Vcetberg. Nays--None. RESOLUTION NO. 214-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 15th day of June, 1988, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Keyline Transit Facility -- Fuel Dispen- sing System; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed; approved and adopted this 18th day of July, 1988. James E. Brady Mayor 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--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetherg. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for project AND Com- munication of City Manager recommend- lng to award contract for above to P.E.S. of Marion, IA, presented and read. Council Member Kluesner 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 Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 215-88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Fuel Dispensing System Key~ine Tran- sit Facility pursuant to Resolution No. 190-88 and notice to bidders published ~n a newspaper published in the City of Dubuque, Iowa on the 24th day of June, 1988. WHEREAS, said sealed proposals were opened and read on the 7th day of July, 1988 and it has been determined that the bid of P.E.S., Inc. of Marion in the amount of $65,400.00 was the lowest bid for the furnishing 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 P.E.S., Inc. 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. The contract is being awarded subject to approval by the Urban Mass Transportation Administration. BE IT FUTHER 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 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 246 Regular Session July 18, 1988 Council Member Kluegne~ moved adol~ tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Communication of City Manager sub- mitring documents providing for the con- struction of the Northwest Arterial Grading and Drainage Project from Asbury Road to John F. Kennedy Road, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Cox- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 216-88 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, spedfications, form of contract and estimated cost for the Northwest Arterial Stage III Grading and Drainage Contract from Asbury Road to John F. Kennedy Road, in the estimated amount of $974,823.93, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, approved and adopted tins 18th day of July, 1988. James E. Brady Mayor 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--Mayor Brady, Council Members Deich, Heckmanu, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 217-88 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, th? City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Northwest Arterial Stage III Grading and Drainage Contract from Asbury Road to John F. Kennedy Road. NOW, THEREFORE, BE IT RE- SOLVED that on the 15th day of August, 1988, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at winch time interested per- sons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said ~mprovement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, winch notice shall not be less than four days nor more than twenty days prior to the day fixed for its conalderation. At the hearing, any interested person may ap- pear and file objections to the proposed Bans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundl Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. CarEled by the following vote: Yeas--Mayor Brady, Coun(fil Members Deich, Heckmarm, Kluesner, PratK Simon, Voetberg. Nays--None. RESOLUTION NO. 218-88 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Northwest Arterial Stage III Regular Session July 18, 1988 247 Grading and Drainage Contract from Asbury Road to John F. Kennedy Road 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 ha;dng general circulation in the City of Du- buque, Iowa, winch notice shail not be less than four days nor more than ~wen- ty days prior to thc receipt of sa/d bids at 2:00 p,m, on the 4th day of August, 1988. Bids sbe[l 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 15th day of August, 1988. Passed, approved and adopted this 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adol> tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting documents providing for the in- stallation of new restrooms on the first floor of City Hall, presented and read. Council Member Kluesner moved that the commuaication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None, RESOLUTION NO. 219-88 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the New Restrooms First Floor of Ci- ty Hail, in the estimated amount of $62,500, are hereby approved and ordered filed ha the office of the City Clerk for public inspection. Passed, approved and adopted this 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klucsncr moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt. Simon, Voetberg. Nays--None. RESOLUTION NO. 220-88 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the New Restrooms -- First Floor of City Hall. NOW, THEREFORE, BE IT RESOLVED that on the 15th day of August, 1988, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at winch time interested per- sons may appear and be heard for or against the proposed plans and specifica- tions, form of contract 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 published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shail not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may 248 Regular Session, July 18, 1988 appear and file objections to the propos- ed plans, speciScations, contract, or estimated cost of the improvement. Passed, approved and adopted this 18th day of July, 1988. James E. Brady Mayor 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--Mayor Brady, Council Members Deich, Heckmmm, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 221-88 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the New Restrooms -- First Floor of City Hall 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, winch notice shall not be less than fou~' days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 4th day of August, 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 15th day August, 1988. Passed, approved and adopted tins 18th day of July, 1988. James E. Brady Mayor 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--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Conunudicatinn of City Manager re- questing to dispose of City's interest in real estate located at 423 Loras Blvd., presented and read. Council Member Kluesner moved the communication be received and Sled. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, K1uesner, Pratt, Simon, Voetherg. Nays--None. ' RESOLUTION NO. 222-88 A RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY: LOT TWO OF LOT THREE OF OUTLOT 667~ CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA WHEREAS, the City of Dubuque Community Development Department has determined the feasibility of a development proposal for the renovation of property located at 423 Loras Boulevard; and WHEREAS, the City Council, by passage of Resolution No. 104-88, recognized the need for provision of cer- tain City administered community development subsidy for the purpose of achieving rehabilitation of tins property; and WHEREAS, the City has received an offer to acquire the property at Lot Two of Lot Three of Outlot 667, in the amount of $1,000.00, in accordance with an offer to buy real estate attached hereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque Regular Session, July intends to dispose of its interest in the following legally described property: Lot Two of Lot Three of Outlot 667. in the City of Dubuque, Iowa, according to the recorded plat of said subdivision, subject to joint use of the pathway reserved in Deedbeok 56TL, page 142. records of Dubuque County, Iowa. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest in the herein described real estate to Thomas L. Moore and Timothy P. Moore, fro' the consideration of $1,000.00 and the terms of the offer to buy real estate attached hereto. Section 3. That this Council meet in the Carnegie Stout Public Library Auditorium, llth & Bluff Streets, Du- buque, Iowa, at 7:30 p.m. on the 1st day of August 1988, for tbe purpose of tak- ing action on the disposition of I,ot Two of Lot Tlu'ee of Outlot 667, City of Du- buque, Dubuque County. Section 4. That the City Clerk be and she is hereby authorized and directed to cause a notice to be published as pre- scribed under Chapter 364.7, Disposal of Property -- Code of Iowa 1987 or as an~ended. Passed, approved and adopted tins 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Conununlcction of City Manager re- questing approval to dispose of City steps between Montrose Terrace and Fairview Place AND Communication of Jim Ch~unbers requesting vacation of City interest in steps located between Montrose Terrace and Falrview Place; AND Communication of Bob Fisch, 18, 1988 249 President of W. llth St. Association, ex- pressing no objections to disposing of stairs, presented and read. Council Member Kluesner moved that the communications be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None, RESOLUTION NO. 223-88 DISPOSING OF CITY INTEREST IN THE CITY STEPS BETWEEN MONTROSE TERRACE AND FAIR- VIEW PLACE, LOCATED IN LOT 15 OF FAIRV1EW SUBDIVISION WHEREAS, James Chambers has re- quested thc vacating of the public steps between Montrose Terrace and Fairview Place, in Lot 15 of Fairview Subdivision; and WHEREAS, the City Council of the City of Dubuque, Iowa, has determined that these public steps are no innger re- quired for public use, and vacating of said steps in Lot 15 of Fairview Subdivision in the City of Dubuque, Dubuque Coun- ty, Iowa, should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest, if any, to James Chambers in the public steps between Montrose Terrace and Fairview Place, located in Lot 15 of Fairview Sub- division in the City of Dubuque, Iowa. Section 2. That the disposal of the Ci- ty's interest in the public steps be con- tingent upon the petitioner's pay~nent of ten dollars ($10.00) plus publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of the City's interest, if any, in said steps in a manner as prescribed by law. Passed, approved and adopted this 18th day of July, 1988. 250 Regular Sessionl July 18, 1988 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop~ tion of the Resolution, setting it for Public Hearing on August 1, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Counc'fl Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. An ORDINANCE vacating the public steps between Montrose Terrace and Falrview Place, located in Lot 15 of Fair- view Subdivision in the City of Dubuque, IA, 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 which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 1st day of August, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Planning and Zon- ing Commission approving amendment to zoning Ordinance to allow clothing/ac- cessory stores as a permitted use in the C-1 Neighborhood Commercial District, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Heekmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. An ORDINANCE Amending Zoning Ordinance of the City of Dubuque by enacting a new Section 3-3.1B(15) to allow a clothing/accessory store as a per- mitted use in the C-1 Neighborhood Com- mercial 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 which it is to be finally adopted be suspended and further moved that a Public Hear- lng be held on the proposed Ordinance on the 1st day of August, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayer Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending approval of an Agreement between the Dubuque Hmnane Society and the City for provision of Animal Shelter services through June 30, 1990, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayer Brady, Council Members Dalch, Heckmann, Kinesner, Pratt, Simon, Voetherg. Nays--None. Council Member Heckmann moved that they approve the proposed Resolu- tion on conditions that within the next 60 days that the Dubuque Humane Society will have an annual meeting and submit those minutes of that meeting to the Council, and that those minutes shall reflect the Dubuque Humane Society's acceptance of the conditions of the Pur- chase of Services Agreement, with no funds to be dispersed unless, within 60 days, that requirement has been fulfill- ed. Seconded by Counell Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Coundd Members Deich, Heckmann, Pratt. Nays--Council Members Kinesner, Simon, Voetberg. RESOLUTION NO. 224-88 A RESOLUTION APPROVING A PURCHASE OF SERVICES AGREE- Regular Session, July 18, 1988 251 MENT BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE HUMANE SOCIETY AND AUTHOR- IZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque does not operate its own shelter for dogs, cats and other animals which may be taken up or received pursuant to Article II of Chapter 7 of the Code of Ordinances of the City; WHEREAS, The Dubuque Humane Society is an incorporated society for the prevention of c~elty to auhnals and does maintain a shelter for the custody of lost, strayed or homeless dogs, cats, or other animals and for the disposition and/or Oes~ruction of such animaJs not redeem- ed and/or diseased; and WHEREAS, it is deemed to be in the best interest of ~he City of Dubuque to enter into an agreement wil,h The Du- buque Humane Society to provide animal shelter sen,ices for the City. NOW, THEREFORE. BE tT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attachgd Purchase of Services Agreement By and between the City of Dubuque, Iowa and Dubuque Humane Sodlcty be and the same is hereby approved subject to conditions that within the next sixty (60) days that the Dubuque Humane Society will have an annual meeting and submit those minutes of that meeting to the City Council, and that those minutes shall reflect the Dubuque Humane Society's acceptance of the conditions of the Fur- chase of Services Agreement, with no funds go be dispersed unless, within six- ty (60) days, that requirement has bee~ fulfilled. Section 2. That the Mayor be and he is hereby authorized and directed to ex- ecute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundl Member Pratt moved adoption of the Resolution, as amended. Second- ed by Council Member Simon. Carried by the fonowlng vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Voetberg, Nays--Council Members Kluesner, Simon. RESOLUTION NO. 225.88 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa. that the following 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 Cigar- ettes and Cigarette Papers within said City. Kenneth J. Malloy The Kegger 3412 Pennsylvania Robert Spiegelhalter The Clubhouse 2364 Washington Passed, approved and adopted this 18th day of July, 1988. Janles E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, · Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 226-88 WHEREAS, Applications for Beer Permits have been submitted and filed to this Counc'fl for approval and the same have been exanfined and approved; and WHEREAS, The premises to be oc- CUlY~ed by such applicants were inspected and found to comply with the Ordinances of this City and have fried proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the 252 Regular Session, July 18, 1988 City of Dubuque, Iowa, that the Manager he authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C' BEER PERMIT Perlewitz, Inc Oky Doky #11 1101 Rhomberg Ave (Also Sunday Sales) Passed, approved and adopted this 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon. Voetberg. Nays--None. Abstain--Council Member Heckmann. RESOLUTION NO. 227-88 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- cupiad by such applicants were inspected and found to comply with State Law and ail City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the Manager he authorized to cause tb be issued to the followfng named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ethel K. Schwartz Airport Inn 574 E. 16th St. Fitzpatricks, Ltd Fitzpatrick's 2600 Dodge St Passed, approved and adopted this 18th day of July, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heekmarm, Kluesner, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Airport Comm. of 6-14 & 6-26; Housing Comm. of 6-14; Park & Recreation Comm. of 6-14; Planning and Zoning Comm. of 6-15; Public Library of 6-22; Zoning Bd. of Adjustment of 7-7, presented and read. Council Member Kluesner moved that the minutes be received and filed. Second- ed by CounCil Member Vcetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun, Khiesner, Pratt, Simon, Voetherg. Nays--None. NOTICES OF CLAIMS/SUITS: Alvera Blaser in unknown amount for personal injuries; Helen and Ruth Muir in estimated amount of $342.02 for vehi- cle damages; Chad Streff in amt. of $2000 for persona/injuries; Patricia Ostrander in unknown amount for personal injuries; Huey and Penelope Thacker in amt. of $1200 for backed-up sewer damages, presented and read. Council Member Kluesner moved that the claims and suits bo referred to Legal Staff for investigation and report. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. IA DOT vs. W~yne Anthony, City of Dubuque et al advising of Appeal regard- lng compensation for property in con- detonation of land for primary road U.S. 61, presented and read. Council Member Kluesner moved that the notice be received and filed. Second- ed by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Regular Session, July 18, 1988 253 Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Communication of Corporation Counsel recommending denial closure of the following claims: Sewer hack-up of Clem Aird; Property damage of Ander- son Weber; Slip and fall of Sylvester Adams; Property damage of Auto Owners Inc.; Property damage of Jeffrey Bleile; Car damage of Wayne Briggs; Police problem of John Davis; Tar on car of Ulrike Freihage; Car damage of Ron Fishnick; Property damage of Lucile Gantert; Sewer back-up claim of Tim Gana~ri; Slip ~u~d fall of Judy Hingtgen; Shp and fall of Steven Hansen; Cm' domoge of Wm. Link; Car damage of Clarence Meyer; Slip and fall oI John Moore; Car damage of Gerald McFadden; Property damage of Donald Noonan; Car dmnage of Linda Schneider; Bicycle damage of Alan Smith; Car damage of Phil Ruppel; Car damage of Jeff Smith; Sewer backup of Thomas Tigges; Car damage of Delber t Wflke; Car damage of Donald Boll; Slip and Fall of Judith Baler; F~ll at Bunker Hill of Charles R. Qninlan, presented and read. Coundl Member Simon moved that the communications he received and filed and approved recommendations. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Da/ch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Corporation Counsel advising of settlement of claim of Marguerite Roberts in the amount $12,500 plus intexest, presented and read. Council Member Simon moved that the communication be received and filed and claim approved and Finozace Director to issue proper check. Seconded by Coun- cil Member Voetberg. Can-led by the following vote: Yeas--Mayor Brady, Council Members D(lch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Mary Jaycox sub- ~vAtting her resignation from the Cable Community Teleprogramming Conunls- sion, presented and read. Cowacil Member Simon moved that the communication be received and filed and accepted with regret. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims for the month of May, 1988, presented and read. Council Member Simon moved that the proof be received mhd filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Bredy, Council Members Deich. Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays None, Communication of Attorney on behalf of Mr. and Mrs. Edward Tschiggfrie re- questing City to accept dedication of a small parcel of laud by Center Grove Road, also known as Orchard St., presented and read. Corm(il Member ~unon moved that tbe communication be received and filed and matter referred to the City Manager and Staff. Seconded by Coundfl Member Voethorg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hockmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Planning and Zon- ing Commission approving flnai plat of Sub. of Lot 1-1-17 and Lot 17B of Reches Sub. No. 2 located east of McCormick St., presented and read. Council Member Simon moved that the communication be received and fried. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, CounCil Members Deich, Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. RESOLUTION NO. 228-88 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDI- VISION OF LOT I OF LOT I OF LOT 17 OF RECHES SUB. NO. 2 AND LOT I7B OF RECHES SUB. NO. 2 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with 254 R._egular Session, July 18, 1988 the City Clerk a final plat of the Subdivi- sion of fLor I of Lot i of Lot 17 of Reches Sub. No. 2 and Lot 17B of Reches Sub. No. 2 in the City of Dubuque, Iowa; and WHEREAS, said final plat has been exan~ined 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 the Ci- ty Council finds that the same conforms 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 the Subdivision of Lot 1 ot Lot 1 of Lot 17 of Reches Sub. No. 2 and Lot I7B of Reches Sub. No. 2 in the City of Du- buque, Iowa be and the same is hereby approved, and the Mayo~' and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Du- buque, Iowa upon said final plat. Passed, approved and adopted tins 18th day of July, 1988. James E. Brady Mayor Aq'rEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg: Nays--None. CunFnunlcatlon of Planning and Zon- ing Commission submitting a response ~egarding the request of Tim O'Mailey to allow fences above the current Or- dinande height limits in Historic Distri~te, presented and read. Tim O'Malley spoke to the communication. Council Member Pratt moved that the conunqnication be received and filed and directed the Historic Preservation Com- missinh to prepare a brief amendment to Ordinance aud submit it to Planning and Zoning Commission. Seconded by Coun- cil Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--Council Member Daich. There being no further business, Coun- cil Member Simon moved to adjourn. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Vcotberg. Nays--None. Meeting adjourned at 8:58 p.m. Mary A. Davis City Clerk Approved 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk ___~ecial Session, July 21, 1988 CITY COUNCIL OFFICIAL Special Session, July 21, 1988 Council Met at 4:30 p.m., Conference Room "B', City Hall Present--Council Members Deich, Heckmann, Simon, Voetberg, City Man~ger W. Kenueth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Absent--Mayor Brady, Council Mombers Klusener, Pratt. Mayor Pro-Tern Simon read the call and stated this SPECIAL SESSION is called for the purpose to consider extend- fug time for the filing of security required for Arbor Oaks and High-Land Farm Subdivision Plats. RESOLUTION NO. 229.88 RESOLUTION EXTENDING THE TIME REQUIRED FOR FURNISH- lNG OF SECURITY TO SECURE PERFORMANCE OF CONDITIONS, AS PIROVIDED BY RESOLUTION NO. 165.88, APPROVING THE 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. WHEREAS, Resolution No. 165-88 approved the 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 further required that Iowa-Northwestern Development Company furnish certain security to secure the performance of cer- tain conditions as a requirement of such plat approval, within forty-five (45) days after the date of such Resolution; and WHEREAS, such forty-five (45) day period expires July 21, 1988; wad WHEREAS, Iowa-Northwestarn Development Company has requested an extension of time for furnishing such security from July 21, 1988 to and in- cluding August 4, 1988; and ' WHEREAS, the City Council has determined that such request for exten- sion of time should be approved. 255 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The time period for fur- aishing the security provided in Section 3 of Resolution No. 165-88 is hereby ex- ~ended to and including August 4, 1988. In the event Iowa-Northwestern Development Company shall fail to fur- nish the security by August 4, 1988, the provisions of Resolution No. 165-88 shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted tins 21st day of July, 1988. David L. Simon Mayor Pro-Tern kTTEST: Karen M. Chesterman Deputy City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by ,he following vote: Yeas--Mayor Pro- Tern Simon, Council Members Deich, Heckmann, Voetberg. Nays--Nune. Absent--Mayor Brady, Council Members Kinesner, Pratt. RESOLUTION NO. 230.88 RESOLUTION EXTENDING THE TIME REQUIRED FOR FURNISH- ING OF SECURITY TO SECURE PERFORMANCE OF CONDITIONS, AS PROVIDED BY RESOLUTION NO. 166.88, APPROVING THE FINAL PLAT OF LOT 2-1-1-1-1-1-1-1-2-1-1 OF HIGH.LAND FARM IN THE CITY OF DUBUQUE, IOWA. WHEREAS, Resolution No. 166-88 approved the final plat of Lot 2-1-1-1-1-1-1-1-2-1-1 of High. Land Farm in the City of Dubuque, Iowa and further required that Iowa-Northwestern Development Company furnish certain security to secure the performance of cern aba conditions as a requirement of such plat approval, within forty-five (45) days after the date of sucll Resolution; and WHEREAS, such forty-five (45) day ~eriod expires July 21, 1988; and 256 Special Session, July 21, 1988 WHEREAS, Iowa-Northwestern Development Company has requested an extension of time for furnishing such security from July 21, 1988 to and in- cluding August 4, 1988; and WHEREAS, the City Council has determined that such request for exten- sion of time should be approved. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The time period for fur- nishing the security provided in Section 3 of Resolution No. 166-88 is hereby ex- tended to and including August 4, 1988. In the event Iowa-Northwestern Development Company shall fail to fur- nish the security by August 4, 1988, the provisions of Resolution No. 166-88 shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted tl~s 21st day of July, 1988. David L. Simon Mayor Pro-Tern ATI~EST: Karen M. Chesterman Deputy City Clerk Councll Member Heckmann moved edoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor pro- Tern Simon, Council Members Dcich, Heckmann, Voetberg. Nays--None. Absent--Mayor Brady, Council Members Kluesner, Pratt. RESOLUTION NO. 231~88 RESOLUTION EXTENDING THE TIME REQUIRED FOR FURNISH- lNG OF SECURITY TO SECURE PERFORMANCE OF CONDITIONS, AS PROVIDED BY RESOLUTION NO. 167-88, APPROVING THE FINAL PLAT OF LOT 1-28 "BLOCK 9, ARBOR OAKS" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, Resolution No. 167-88 approved the final plat of Lot 1-28 "Block 9, Arbor Oaks" in the City of Dubuque, Iowa and further reqnired that Iowa- Northwestern Development Company furnish certain secqrity to secure the per- formance of certain conditions as a re~ quirement of such plat approval, within forty-five (45) days after the date of such Resointion; and WHEREAS, such forty-five (45) day period expires July 21, 1988; and WHEREAS, Iowa-Northwestern Development Company hasrequested an extension of time for furnishing such security from July 21, 1988 to and in- chiding August 4, 1988; and WHEREAS, the City Council has determined that such request for exten- sion of time should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sect[on 1. The time period for fur- nishing the security provided in Section 3 of Resolution No. 167-88 is hereby ex- tended to and including August 4, 1988. In the event Iowa-Northwestern Development Company shall fail to fur- nish the security by August 4, 1988, the provisions of Resolution No. 167-88 shall be null and void and the acceptance of the dedica~inn and approval of the plat shall not be effective. Passed, approved and adopted this 21st day of July, 1988. David L. Simon Mayor Pro-Tern AT]~EST: Koxen M. Chesterman Deputy City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern S!mon, Council Members Deich, Heckmann, Voetberg. Nays--None. Absent--Mayor Brady, Council Members Kinesner, Pratt. There being no further business, Coun- cil Member Voetberg moved to adjourn the meeting. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Special Session, Heckmann, Voetberg. Nays--None. Absent--Mayor Brady, Council Members Kluesner, Pratt. Meeting adjourned at 4:49 p.m. Karen M. Chesterman Deputy City Clerk Approved __ .1989 Adopted 1989 Mayor Council Members ~TTEST: City Clerk July 21, 1988 257 258 Special Session, July 29, 1988 CITY COUNCIL OFFICIAL Special Session, July 29, 1988 Council Met at 4:15 p.m., Conference Room "B", Second Floor, City Hall, Present--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the cell and stated this is the SPECIAL SESSION of the City Council called for the purpose to have a Cinsed Session to discuss strategy with Council in matters that are present- ly in litigation where its disclosure would be likely to prejudice or disadvantage the position of the City in that litigation. Cotmcil Member Pratt moved to go in- to Closed Session to discuss strategy with Council in matters that are present- ly in litigation where its disclosure would be likely to prejudice or disadvantage the position of the City in that litigation. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. After discussion and direction, Coun- cil reconvened to regular session at 5:14 There being no further business, Coma- cil Member Simon moved to adjourn. Seconded by Cotmcil Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Meeting adjourned at 5:16 p.m. Karen M. Chesterman Deputy City Clerk Approved __1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk Regular Session CITY COUNCIL OFFICIAL RegUlar Session, August 1, 1988 Council Met at 7:30 P.M., in the Public Library Auditorium. Present--Mayor Brady, Council Mem- bers Deich, Heckmunn, Kluesner, Pratt, Simon, Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may properly come before thc Council. Invocation was given by Rev. Rick Vesely, Associate Pastor of Westminster Presbyterian Church. PROCLAMATIONS: August 10 as "Fair Housing Awareness Day" received by Elaine Lagerstrom of the Human Rights Commission; August 9-14 as "Dubuque County Fair Week" received by Chris Vaske and Kelly Lex, 4-H King and Queen; Week of August 15th as "Mentally Handicapped Health Week" received by Vince Welsh of the Knights of Columl~us; August 16 through October 31 as "United Way Campaign Time" received by A1 Krueger, Chair of the 88-89 Campaign; September 24th as "In- tegcity Day". Council Member Kinesner moved to suspend the rules to allow anyone present to address the Councli if they should so desire. Seconded by Council Member Pratt. Carried by the following vote'. Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Prcof of publication, certified to by the Publishen on Notice of Public Hearing on plans and specs, for construction of the Roosevelt Road Sanitary Sewer; Proof of publication, certified to by the Publisher, on Notice to Property Owners on Public Hearing on Resolution of Necessity for construction of Roosevelt Road Sanitary Sewer: Certificate of City Clerk that notices were sent to known property owners, by certified mail, on August 1, 1988 259 July 12, 1988; Communication of Mrs. Loretta Muoller & Miss Elizabeth Mueiler of 860 Roosevelt objecting to the assessment; Communication of Attorney Francis J. O'Connor on behaif of Gene- vieve Shortell, objecting to the prepos- ed assessment of her property; Com- munication of Dennis Sharkey objecting to project, presented and read. Attorney Francis O'Connor, Ron Mueller, Susan Hahlen, Mike Huseman, and Charles Krueger addressed the Coun- cil objecting te the assessment. Council Member Kluesner moved that the proofs of publication and commurfica- tions be received and filed. Seconded by Council Member Pratt. Carried by the following vote'. Yeas Mayor Brady, Council Members Deich, tleckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 232-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 29th day of June, 1988, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Roosevelt Road Sanitary Sewer; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk