Loading...
1988 August Council Proceedings258 Special Sesaion, July 29, 1988 CITY COUNCIL OFFICIAL Special Session, July 29, 1988 Council Met at 4:1b p.m., Conference Room "B", Second Floor, City Hall.. Present-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. LindahL. Mayor Brady read the call and stated this is the SPECIAL SESSION of the City Council called for the purpose to have a Closed Session to discuss strategy with Council in matters that are preaenb L.y in ktigation where its disclosure would be likely to prejudice or disadvantage the position of the City in that litigation. Council Member Pratt moved to go in- to Closed Sesaion 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 p.m. There being no further business, Coun- cil Member Simon moved to adjourn. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays-None. Meeting adjourned at 5:16 p.m. Karen M. Chesterman Deputy City Clerk Approves 1989 Adopted 1989 Mayor Regular Sesaion- Auauat 1, 1988 259 CITY COUNCIL July 12, 1988; Communication of Mrs. Loretta Mueller & Miss Elizabeth OFFICIAL Mueller of 880 Roosevelt objecting to the _ assessment; Communication of Attorney Regular Session, August 1, 1988 Francis J. O'Connor on behalf of Gene- . _ vieve Shortell, objecting to the propos- s Council Met at 7:30 P.M., in the Public ed assessment of her property; Com- - ~-' Library Auditorium. mubication of Dennis Sharkey objecting to project, presented and read. - Present-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, - - x' Simon, Voetberg, City Manager W. Ken- Council Members _ neth Gearhart, Corporation Counsel Barry A. Lindahl. ATTEST: _:„.. _ '.~: City Clerk 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 the 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 Walsh of the Knights of Columbus; August 16 through October 31 as "United Way, Campaign Time" received by Al Krueger, Chair of the 88-89 Campaign; September 24th ae "In- tegrity Day". Council Member Kluesner moved to suspend the rules to allow anyone present to address the Council if they should so desire. Seconded by Council Member Pratt. 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 Hearing on plazre and space. for construction of the Roosevelt Road Sanitary Sewer; Proof of pubkcation, 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 Attorney Francis O'Connor, Ron Mueller, Susan Hahlen, Mike Hussman, and Charles Krueger addressed the Coun- cil objecting to the assessment. Council Member Kluesner moved that the proofs of publication and communica- tions be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays-None. RESOLUTION NO. 232A8 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 29th day of June, 1988, plans, specifications, form of con- tract and estimated coat 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 far 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 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 Deich, Heckmann, Kluesner, Pratt, Simon, Voetbarg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the SPECIAL SESSION of the City Council called for the purpose to have a Closed Session to discuss strategy with Councilin matters that are present~ ]y in litigation where its disclosure would be likely to prejudice or disadvantage the position of the City in that litigation. Council 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, Coun- cil Member Simon moved to adjourn. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 5:16 p.m. Karen M. Chesterman Deputy City Clerk Approved Ad~pted 1989 1989 Mayor Council Members ATTEST: City Clerk Regular Session, Au.~Ust 1, 1988 259 CITY COUNCIL Jn,y i2, t088 CoruScation of Mrs. Loretta Mueller & Miss Elizabeth OFFICIAL Mueller of 860 Roosevelt objecting to the assessment; Communication of Attorney RegUlar Session, August 1, 1988 Francis J. O'Connor on behalf of Gene- vieve Shortell~, objecting to the propos- Council Met at 7:30 P.M., in the Public ed assessment of her property; Com- Library Auditorium. munication of Dennis Sharkey objecting to project, presented and read. Present--Mayor Brady, Council Mem- bets Deich, Heckmann, Kluesnar, Pratt, Attorney Francis O'Connor, Ron Simon, Vcetberg, City Manager W. Ken- Mueller, Susan Hahlen, Mike Huseman, neth Gearhart, Corporation Counsel and Chm'les Krueger addressed the Court- Barry A. Lindahi. cil objecting to the assessment. Mayor Brady read the call and stated Council Member Kiuesner moved that this is the REGULAR SESSION of the the proofs of publication and communica- City Council called for the purpose to act tions be received and filed. Seconded by upon such business which may properly Council Member Pratt. Carried by the come before the Council. following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Invocation was given by Rev. Rick Kinasner, Pratt, Simon, Voetberg. Vesely, Asseciate Pastor of Westminster Nays--None. Presbyterian Church. RESOLUTION NO. 232-88 PROCLAMATIONS: August 10 as "Fair Housing Awareness Day" received RESOLUTION ADOPTING PLANS by Elaine Lagerstrom of the Human AND SPECIFICATIONS Rights Commission; August 9-14 as "Dubuque County Fair Week" received WHEREAS, on the 29th day of June, by Chris Vaske and Kelly Lex, 4-H King 1988, plans, specifications, form of con- and Queen; Week of August 15th as tract and estimated cost were filed with "Mentally Handicapped Health Week" tbe City Clerk of Dubuque, Iowa, for the received by Vince Walsh of the Knights Roosevelt Road Sanitary Sewer; and of Columbus; August 16 through October 31 as "United Way Campaign Time" WHEREAS, notice of hearing on received by Al Krueger, Chair of the plans, specifications, form of contract, 88-89 Campaign; September 24th as "In- and estimated cost was published as re- tegrity Day". qulred by law. Council Member Kinesner moved to suspend the rules to allow anyone present NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF to address the Counci! if they should so desire. Seconded by Council Member THE CITY OF DUBUQUE, IOWA: Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members That the said plans, specifications, Deich, Heckmann, Kluesner, Pratt, form of contract and estimated cost are Simon, Voetherg. Nays--None. hereby approved as the plans, specifica- tions, form of contract and estimated Proof of publlcation, certified to by the cost for said improvements for said Publisher, on Notice of Public Hearing project. on plans and specs, for construction of the Roosevelt Road Sanitary Sewer; Passed, approved and adopted this ls~ Proof of publication, certified to by the day of August, 1988. Publisher, on Notice to Property Owners on Public Hearing on Resolution of James E. Brady Necessity for construction of Roosevelt Mayor Road Sanitary Sewer; Certificate of City ATTEST: Clerk that nogices were sent to known Karen M. Chesterman property owners, by certified mail, on Deputy City Clerk 260 Regular Session, August 1, 1988 Council Member Kluesne~ moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the fonowing vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 233-88 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ROOSEVELT ROAD SANITARY SEWER WHEREAS, the City Council has pro- posed a Resolution of Necessity for the Roosevelt Road Sanitary Sewer, has given notice of the pubiic hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, tins is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved adop- tion of the Resalutinn. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmanr Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 234~8 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Roosevelt Read Sanitary Sewer 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 winch shell conform to the provisions of the ~otice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 9th 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 of August, 1988. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk CouncilMember Kluesner moved adop- 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. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on the intent to dispose of property lecated at 423 Loras Blvd., presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Regular Session, August 1, 1988 261 Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 235-88 A RESOLUTION APPROVING THE SALE OF LOT TWO OF LOT THREE OF OUTLOT 667, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, COMMONLY KNOWN AS 423 LORAS BOULEVARD TO TIMOTHY MOORE AND THOMAS MOORE. WHEREAS, pursuant to duly pub- lished public notice the City Council of Dubuque, Iowa, met on the 1st day of August, 1988, at 7:30 p.m. in the Car- negle Stout Public Library auditorium, 11th and Bluff Streets, Dubuque, Iowa, to consider the proposal of disposing of City-owned real estate located at 423 Loras Boulevard which property is legal- ly described as follows: 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 Deedbook 56TL, Page 142, re- cords o~ Dubuque County, Iowa. WHEREAS, such property is to be sold to Timothy Moore and Thomas Mc~re for the consideration of $1,000.00 and rehabilitation of such property in accordance with City standards; and WHEREAS, the City Counail of the City of Dubuque, Iowa, has overruled any and all objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above-namod real estate to the above-named grantee. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the in- terest of the City of Dubuque in the herein above-described property to Timothy Moore and Thomas Moore is hereby approved. Section 2. That the Mayor be and he is hereby authorized and directed to ex- ecute a Worcanty Deed, and that the City Clerk be and she is hereby directed and authorized to deliver Deed of Convey- ance, conveying the above described real estate to the abeve-named grantee upon receipt of the purchase price in full. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Heckmann. 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 Hearing on Ordinance to amend Zoning Ordinance to allow a Ciothing/Accessory Store as a permitted use in the C-1 Neighborhood Commercial District, presented and read. There were no written objections re- caived and no oral objectors present at the time of the Hearing. Petitioner Carol Schueller requested zoning amendment. Council Member Simon moved that the proof be received and flied. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Council Members Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--Mayor Brady, Council Members Daich. ORDINANCE NO. 36.88 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 ENACTING A NEW SECTION 3-3.1 B (15) TO ALLOW A CLOTHING/ ACCESSORY STORE AS A PERMIT- TED USE IN THE C-1 NEIGHBOR- HOOD COMMERCIAL DISTRICT, 264 Regular Session filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 237-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 29th day of June, 1988, plans, specifications, form of con- tract and esthnated cost were filed with the City Clerk of Dubuque, Iowa, for the Rehabilitation of the Locust Street park- ing Ramp; 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, speclfica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted th~s 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy 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, Heckmann Kinesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for the Rehahilitation of the Locust St. parking Ramp AND Com- munlcation of City Manager reconunend- lng to award contract for above project to Weidner Williams Contracting Co. of Omaha, NE, presented and read. August 1, 1988 Council Member Kinesner moved that the proof and communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner. Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 238-88 AWARDING CONTRACT WHEREAS. sealed proposals have been submitted by contractors for the Rehabilitation of the Locust Street Park- ing Ramp pursuant to Resolution No. 206-88 and notice to bidd~'s publithed in a newspaper publlehed in the City of Dubuque, Iowa on 8th day of July, 1988. WHEREAS, said sealed proposals were opened and read the 21st day of July, 1988 and it has been determined that the bid of Weidner Williams Con- tracting Company, Omaha, Nebraska in the amount of $398,826.36 was the lowest bid for furnishing of all labor and materials and performing the work as provided 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 ira- provement be awarded to Weidner Williams Contracting Company, Omaha, Nebraska and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessRd bidders. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved ado]~ tion of the Resolution. Seconded by Regular Session Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun. Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication certified to by the Publisher, on Notice of Public Hearing on Plans and Specs. for the Kerper Blvd. (U.S. #61 & 151) from E. 16th St. to Pine St., Full Depth P.C. Concrete Patching Project, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Vcetberg moved that the proof be received and filed, Second- ed by Council Member Heckmann. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heck- mann, Kluesner, Pratt, Sin~on, Voetberg. Nays--None. RESOLUTION NO. 2394~8 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 Kerper Boulevard (U.S. #61 and 151) from E. 16th Street te Pine Street, Full Depth P.C. Concrete Patching Project; and WHEREAS) notice of hearing on plans, specifications, form of contract, and estimated cost was published as qulred 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 cosy for said improvements for said project. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: August 1, 1988 265 Karen M. Chestennan Deputy City Clerk Council Member Voetberg moved adoption of the Resolution, Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication on Notice to Bid- ders of the Receipt of Bids for the Pro- ject AND Commmunication of City Manager recommending to award con- tract for above project to Tschiggfrie Excavating Co. of Dubuque, presented and read. Council Member Voetberg moved that the preof and communication be received and filed. Seconded by Council Member Heckmarm. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 240-88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Concrete Patching Project, Kerper Boulevard pursuant to Resolution No. 198-88 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 12th day of July, 1988. WHEREAS, said sealed proposals were opened and read on the 26th day of July, 1988 and it has been determined that the bid of Tschiggfrie Excavating Company of Dubuque in the amount of $29,315.35 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 Tschi~gfi~e Ex- cavating Company and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. 266 Regular Session, August 1, 1988 BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 1st day of August, 1988. James E, Brady Mayor ATTEST: Karen M. Cbesterman Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmam~, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mltting documents providing for bidding procedure for Grandview Ave. Sanitary Sewer Reconstruction, presented and read. Council Member Kluesner moved that the communication be received and fried. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 241-88 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 Grandview Avenue Sanitary Sewer Reconstruction, in the estimated a~nount of $94,223.85, are hereby approved and ordered fried in the office of the City Clerk for public inspection. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk CounCil Member Kluesner moved adop- tion of the Resolution. Seconded by Councii Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kinesner, Pratt, Simon, Voetherg. Nays --None. RESOLUTION NO. 2~-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 phms, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Grandview Avenue Saditary Sewer Re- construction. NOW, THEREFORE, BE IT RE- SOLVED that on the 6th day of Sep- tember, 1988, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested per- sons may appear and be heard for or against the propased plans and specifica- tions, form of contract wad 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 )ubfisbed in a newspapex having general circulation in the City of Dubuque, Iowo~ which notice shall 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 ap- lear and file objections to the proposed plans, specifications, contract, or esti- mated cost of the improvement. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Cbesterman Deputy City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Regular Session, August 1, 1988 267 Council Members Deich, Heckmaun, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 243-88 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Grandview Avenue Sanitary Sewer Reconstruction 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 heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 25th 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 6th day of September, 1988. Passed, approved and adopted this 1st day of August, 1988. Jan~es E. Brady Mayor ATTEST: Karen M. Chestsrman Deputy 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 Daich, Heckmann, Kinesner, Pratt, Simon, Voetberg~ Nays--None. Communication of City Manager re- questing Council approval for Commun- ity Development Department to seek Court appointment of a Receiver for property at 445 Loras Blvd. '~ith City petitioning to be named Receiver, for the purpose of rehabilitation and restored tenancy, presented and read. Council Member Kluesner moved that the communication be received and filed and authorized Staff to proceed with the process of seeking the receivership of the property. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Heckmann, Kfuesner, Pratt, Simon, Voctberg. Nays--None. Communication of City Manager re- questing approval of an Application to U.S. Dept. of Housing and Urban Devel- opment for 12 additional Section 8 Pro- gram Housing Vouchers, presented and read. Council Member Voetberg moved that the communication be received and fded. Seconded by Cotmcil Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 244-88 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8 HOUSING VOUCHER PROGRAM WHEREAS, the City of Dubuque has successfully administered various Section 8 Housing Assistance Programs for the U.S. Department of Hou~mg and Urban Development since 1976; and WHEREAS, there continues to exist an unmet need for additional units of assisted housing for inwer-income families in the City of Dubuque; and WHEREAS, the City has been invited by the U.S. Department of Housing and Urban Development to make application for additional housing vouchers; and NOW, THEREFORE, BE ~T SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tbe Mayor is authorized and directed to submit an application to the 268 Regular Session U.S. Department of Housing and Urban Development for participation in the Sec- tion 8 Housing Voucher Program. Section 2. The City of Dubuque Hous- ing Commission is hereby directed to con- duct the necessary public hearing regard- lng this application as soon as possible in accordance with requirements of Chapter 403.A.28 of the Code of Iowa, and to review and/or approve or suggest modifications of the plans for program design and administration of this propos- ed program. Section 3. The City Manager is hereby authorized and directed to forward said application and resulting standard ex- ecuted contract to the respective agencies in a timely fashion and as required by the U.S. Department of Housing and Urban Devehipment. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Voetberg moved adop- tion of ttm Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--Nong Conununication of City Manager re- questing approval of Revision of Office Space Layout in the Housing Services Of- fice at 18th and Central in the estimated amount of $10,908, presented and read. Council Member Sflnon moved that the communication be received and filed and approved revision. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Nona Communicatinn of City Manager recommending his nomination to Coun- ty Board of Supervisors E911 Joint Ser- vice Board, presented and read. Council Memher Simon moved that the communication be received and filed and August 1, 1988 approved nomination. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays-- None. Conununication of City Manager re- sponding to request from Mr. and Mrs. Edward Tschiggfrie with regard to dedication of a parcel of property along Center Grove Drive as public right-of-way and recommending approval of request and adoption of Resoiutlon accepting Quit Claim Deed for property, presented and read. Council Member Sin~on moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following voto: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 2464~8 WHEREAS, Mr. and Mrs. Edward D. Tschiggfrie have requested that a parcel of property along Center Grove Drive at the intersection of Cedar Cross Road be dedicated as public right-of-way; and WtIEREAS, said parcel of property is known as "Part of Lot 1 of Lot 19 in Center Grove" and WHEREAS, the City Council of the City of Dubuque has determined that dedication of said property should be accepted. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of the Quit Claim Deed by Edward D. Tscifiggfrie and Joan C~ q~chigg~tie dated June 21, 1988 conveying to the City of Dubuque, Iowa the herein above-desctibed real estate, be and the same is hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County re- corder together with a certified copy of this Resolution. Regular Session, August 1, 1988 269 Section 3. That the City Clerk be and is hereby directed to forward a certified Copy of the resolution to the Dubuque City Assessor and the Dubuque County Auditor. Passed, approved and adopted this 1st day of August. 1988. James E. Brady Mayor ATTES~ Karen M. Chestermau Deputy City Clerk Council Member Simon moved adop- tion of the Resointion~ Seconded by Coun- cil Member Vcotherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Kluesner, Pratt~ Simon, Voetherg. Nays-- None. Communication of David M. Building Services Division Mgr., notify- ing City Council of demolition permit ap- plications in Jackson Park neighborhood at 1030 and 1032 Main with Interstate Power as owner and Sharkey Wrecking as Contractor, presented and read. Council Member Voetberg moved that the communication be received and filed and demolition approved. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt. Simon, Voetherg. Nays-- Non~ Rich Evetist of Interstate power spoke to the matter. Communication of City Manager advis- ing of pertinent items in proposed Con- tract between Five Flags Civic Center and Dubuque Fighting Saints for 1988- 1989 Hockey Season and recommending approval, presented and read. Council Member Kinesner mc~ed that the conwnuuication be received and flied and approved the Contract. Seconded by Council Member Pratt. Carried b~v the fol- lowing vote: Yeas--Mayor Brady, Coum cil Members Deich, Heckman~ Kinesner, Pratt, Simon, Voetherg~ Nays--None. Communication of City Manager re- questing clarification of Council's needs and expectations regarding a planning strategy for the Freeway Corridor, presented and read. Council Member Simon moved that the communication be received and filed and set a Work Session on this matter for September 12. instruction to the Staff to advertise to generate public input on this matter. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetherg. Nays--None. BUSINESS LICENSES: Petition for permanent transfer of Beer Permit BE 375 (Hartig Drug Store) from 700 Main St. to 703 Town Clock Plaza, presented and read, Council Member Deich moved that the ~ and filed and transfer approved. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg, Nays--None, Request of Refund of Class BE Beer Permit N(~ 1180 for Ruegnitz Drug, 1920 Ehn St., presented and read. Council Member Deich moved that the refund be approved and Finance I)i~vctor to issue proper check, Seconded by Coun- cil Member Voetherg. Carried by the fol- lowing vote: Yeas--Mayor Brady, Coun- Heckn~arm, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 247-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowo~ 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. Michael John Sawvell Butter's Bar 1700 Central Ave. Passed, approved and adopted this 1st day of August, t988. James E. Brady Mayor ¸'i 270 Regular Session ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Deich 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, Voetharg. Nays--None. RESOLUTION NO. 248-88 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the some have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found te 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 "B" BEER PERMIT Saint Cniumbhille Church 1240 Rush St. (Also Sunday Sales) CLASS "C" BEER PERMIT Mulgrew Oil Company AMOCO Food Shop 1450 Loras Blvd. (Also Sunday Sales) Iowa Oil Company IOCO Speede Shoppe 2335 Universtiy (Also Sunday Sales) Iowa Oil Company IOCO Speede Shoppe 1998 Jackson St. (Also Sunday Sales) Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor August 1, 1988 ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kinesner, Pratt, Simon, Voetherg. Nays--None. MINUTES SUBMITTED: Electrical Examining Bd. of 7-18; Five Flags Center Comm. of 7-18; Historic Preservation Cotton. of 7-12 & 7-19; Housing Code Ap- peals Bd. of 6-28; Human Rights Comm. of 7-18; Park & Recreation Comm. of 7-12; Planning and Zoning Comm. of 7-6 and 7-11; Zoning Bd. of Adjustment of 6-23; Plumbing Bd. of 749, presented and read. Council Member Simon moved that the minutes be received and filed. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmaan, Kluesner, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS: Imel- da Martin in amount of $57.50 for per- sonal property losses; Wayne Oliver in amt. of $52 for property damages; M. R. Scheibe, in amt. of $9.42 for car damages; IA DOT appealing award of the Compen- sation Comm. re: Wayne Anthony et al property; SchalI Claims Service on behalf of Ronald and Jacqueline Bartlett for vehicle damages; Merrill G. Smock in amt. of $101.80 for vehicle damage; Alice Veals for $500 for sewer back-up damages, presented and read. Council Member Simon moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Voetharg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Communicatinn of Corporation Counsel Lindald recommending denial of car damage claim of M.R. Scheiha, presented and read. Council Member Simon moved that the communication be received and fried and denial approved. Regular Session 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 Corporation Counsel Lindahl recommending closure of claims of Alvera Blaser, Wayne Oliver, Patricia Ostrander, Carl Datisman and Russell/Mattreen Kuennen, presented and read. Council Member Simon moved that the communication be received and filed and closures approved. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich. Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Communication of Corporation Counsel Lindahl recommending settle- ment of lawsuit of Lonny Paul, presented and read. Council Member Sin~on moved that the communication be received and filed and settlement approved with Finance Direc- tot to issue the proper check. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Comm~.ication of Mary Ransdeil sub- mitting resignation from Housing Com- mission, presented and read. Council Memb~' 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 Deich, Heekmann Kluesner, Pratt, Simon. Voetberg. Nays--None. Conununication of City Manager sub- mitring Financial report for the month of June,. 1988, presented and read. Council Member Simon moved that the report be received and filed. Seconded by Council Member Voetharg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann Kluesner, Pratt, Simon, Voetberg. Nays--None. August 1, 1988 271 Communication of Mrs. Phillip French objecting to the City Animal Impound- mont procedures, presented and read. Mr. and Mrs. French spoke to the matter, re- questing Council change procedure. Council Member Kluesner moved that the communicatinn be received and filed and matter referred to Council. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Petition of Richard Hartig requesting permission to erect a roof/soffit projec- tion over City's sidewalk at their business at 2nd and Locust Ste., presented and read. Council Member Simon moved that the )etition be referred to the City Manager. Seconded by Coun,cjl Member Vcetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Petition of Dubuque County Historical Society requesting permission to have limited aerial fireworks display at 2nd St. Ice Harbor on Sept. 4, presented and read. Council Member Simon moved that the petition be approved, subject to coordina- tion by the City Manager. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting a Resolution accepting improve- ment for the installation of Public Works Garage Fuel Storage Dispensing and Card Control system, presented and read. Council Member Simon moved that ~he communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 249-88 ACCEPTING IMPROVEMENT 272 Regular Session August 1, 1988 WHEREAS, the contract for the In- stallation of a Fuel Storage Dispensing and Card Control System at the Public Works Garage has been completed and the-City Manager has exmnined the work and flied his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the recommen- dations of the City Manager be approved and that said improvements be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Revenue Sharhig and Road Use Funds as part of the fiscal year 1988 Capital Im- provement Program in the amount equal to the amount of the contract less any re~ained percentage provided for therein. Passed, approved and adopted this 1st day of August, 1988. James E. Brady Mayor ATTEST: Karen M. Cbesterman Deputy City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Cmzled by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmarm, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 2504]8 FINAL ESTIMATE WHEREAS, the contract for the steilation of the Fuel Storage Dispenser and Card Control System at the Public Works Garage has been completed and the Fubllc Works Director has submit- ted his final estimate showing the cost thereot including the cost of estimates, notices and inspection and all NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COL!NCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- )rovement is hereby determined to be $89,175.59 and said improvements shall be paid from Revenue Sharing and Road Use Funds as part of the Fiscal Year 1988 Capital Improvement Program of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of August. 1988. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmarm, Klueener, Pratt, Simon, Voetberg. Nays--None. There being no further business. Coun- cil Member Heckmann moved to ad- journ. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Heckmann, Kluesner, Simon, Voetberg. Nays-- Mayor Brady, Council Members Deich, Pratt. Meeting adjourned at 11:02 p.m. Karen M. Chesterman Deputy City Clerk Approved. 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk Regular Session, August 15, 1988 273 CITY COUNCIL OFFICIAL Regular Session, August 15, 1988 Council Met at 7:30 p.m., Public Library Auditorium. Present--Council Members Deich. Kluesner, Pratt, Simon, Veetberg, City Manager W. Kenneth Gearhart. Corpora- tion Counsel Barry A. Lindahl. Absent--Mayor Brady, Council Member Heckmann. Mayor Pro-Tem Simon read the call and stated this is the REGULAR SES- SION of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. Robert Pleiness, Pastor of Bible Baptist Church. PROCLAMATION: August 21st through September 3rd as "Mississippi River - Revival Days" reccived by Mike Brcitbach. Community Development Director Jim Burke introduced employees of his department: Dick Firalaff, Mary Klein, Sara Vosberg, Mort Wilke, Mary Heft, Joleen Patterson, Jim Rubel, Steve Neyens and Chris Kemps. Council Member Kluesner moved that the rules be suspended to allow everyone present to address the Council. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro- Tem Simon, Council Members Dcich, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Mayor Brady. Council Member Heekmanm Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specifications for the new Restrooms, First Floor, of City Hall, presented and read. There were no writ. ten objections received and no oral obj cc- tore present at the time of the Hearing. CounCil Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by tbe following vote: Yeas-- Mayor Pro-Tem Simon, Council Members Deich. Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 251-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 13th day of July, 1988, plans, speciflcat'mns, form of con- tract and estimated cost were filed With the City Clerk of Dubuque, Iowa, for the New Reetrooms -- First Floor of City Hall; 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, speCffica- tlons, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tern ATTEST: Mayor 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 Pro-Tem Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckrnann. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for the construction of new Reetrooms, First Floor, City Hall AND Communication of City Manager recommending to award contract for above to Conlon Construction, presented and read. 274 Regular Session August 15, 1988 Council Member Kluasner moved that the proof and communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Daich, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmarm. RESOLUTION NO. 252-88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the NEW RESTROOM, FIRST FLOOR, CITY HALL pursuant to Resolution No. 221-88 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd day of JULY, 1988. WHEREAS, said sealed proposals were opened and read on the 4th day of AUGUST, 1988 and it has been deter- mined that the bid of CONLON CON- STRUCTION of Dubuque in the amount of $63,565.00 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 CONLON CONSTRUCTION and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Prc~Tem ATTEST: Mayor 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 Pro-Tern Simon, Council Members Deich, Khiesner, Pratt, Vcotberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specs. for the NW Arterial Stage III Grading and Drainage Con- tract from Asbury Road to John F. Ken- nedy Road, 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 the proof of publication be received and fded. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Pro-Tern Simon, Council Members Dalch, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 253-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 13th day of July, 1988, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Northwest Arterial Stage III Grading and Drainage Contract from Asbury Road to John F. kennedy Road; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as 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 esthnated 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 15th day of August, 1988. , Regular Session, August 15, 1988 275 David L. Simon Mayor Prc-Tem ATTEST: Mayor A. Davis City Clerk Counc'fl Member Kluesuer moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kinesner, Pratt, Voetberg. Nays--None. Abeent--Mayor Brady. Coundl Member Heckmarm. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for the NW Arterial Stage III Grading and Drainage Con- tract AND Communication of City Manager recommending to award con- tract for above to C. J. Moyna & Sons, bid being 27.1% under estimate, presented and read. Council Member Kluasner moved that the proof and communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady. Council Member Heckmann. RESOLUTION NO, 2~-88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Northwest Arterial, Stage III, Grading and Drainage Contract, from Asbury Road to John F. Kennedy Road pursuant to Resolution No. 218-88 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 21st day of July, 1988. WHEREAS, said sealed proposals were opened and read on the 4th day of August, 1988 and it has been determined that the bid of C. J. Moyna and Sons, Inc. of Elkader, Iowa in the amount of $561,673.86 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specificaU~ons. 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 C. J. Moyna and Sons, 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. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Prc-Tem ATTEST: Mayor 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 Prc-Tem Simon, Council Members Daich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady. Council Member Heckmann. Communication of Planning and Zon- hig Commission approving rezoning re- quest of Beecher Co., Inc. for property located at 2350 and 2368 Central and 2351 White St., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carrled by the following vote: Yeas-- Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Pratt, Voetherg. Nays--Nune. Absent--Mayor Brady, Council Member Heckmaun. An ORDINANCE Amending Zoning Ordinance by reclassifying properties at 2350 and 2368 Central and 2351 White St. from R-2A Alternate Two-Family Residential District to C-2 Neighborhood Commercial District, presented and read. Council Member Kluesner moved that this be considered the llrst reading of the Ordinance and set a Public Hearing on 276 Regular Session August 15, 1988 this matter on Tuesday, September 6, 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 Pro-Tern Simon, Counc'd Members Deich, Kinesner, Pratt, Vcetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmarm. Communication of Planning and Zon- lng Commission advising of denial of Richard Hansel's petition to rezone pro- petty located at the SW corner of Cedar Cross Road and Starlight Drive from AG Agricultural District to C-3 General Com- merical District, presented and read. Council Member Pratt moved that tins matter be referred back to Planning and Zoning for a Public Hearing. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 255-88 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ADDENDUM TO BOND AND LOAN AGREEMENT WITH MARTIN LUTHER HOME. WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1986, as amended (the "Act") to issue revenue bonds for the purpose of fmanc~g cost of acquiring, by construction or purchase, land, balld~ngs, improvements and equipment, or any im terest therein, snitable for the use as a health care facility and for the purpose of retiring any existing indebtedness of a health care facility; and WHEREAS, the Issuer has made the necessary arrangements with Martin Luther Home (the "Company"), an Iowa nonprofit corporation, to finance the ac- quisition by construction or purchase of buildings, equipment and improvements (the "Project") suitable for use in the ex- pansion of the Company's existing health care facility, and for a hous'mg complex for the elderly to be located witkin the Issuer and to retire the existing in- debtedness of the Company incurred for the purpose of constructing a portion of the project, and WHEREAS, the Issuer has arranged Ior the Bonds to be sold pursuant to and secured as provided by a Bond Purchase Agreement dated as of October 15, 1983, (the "Bond Purchase Agreement") by and between the Issuer and Iowa Securities Investment Corporation (formerly Norwest Murtgage Bonds, Inc.) (the "Initial Purchaser") and a Resolution of the Issuer dated September 7, 1982, authorizing such issuance. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE ISSUER, AS FOLLOWS: Section 1. The Addendum to Bond and Loan Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby ap- proved and the Mayor is hereby authoriz- ed to execute said Addendum to Bond and Loan Agreement and the City Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Addendum to Bond and Loan Agreement winch constitutes and is hereby made a part of tins Resolution to be in substantially the form, text and containing the provisions set forth in Ex- inbit A attached hereto. Section 2. The officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Addendum to Bond and Loan Agreement. Section 3. That all resolutions and part thereof in conflict herewith are hereby repealed to the extent of such conflict. · Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pr~-Tem ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Regular Session, August 15, 1988 277 Council Member Pratt. Carried by the foliowin~ vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesuer, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Communication of City Manager re- questing approval to transfer monies from the Flora Pool Hot Water System Project to fund the hiring of an Engineer- ing firm to study the existing swimming pools and prepare preliminary drawings for the renovation and construction pro- jecte, presented and read. Council Member Kluesner moved that the communicatlon be received and filed and approved request. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tem Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Abeent--Mayor Brady, Council Memb~ Heckmann. Communication of City Manager re- questing approval to purchase real estate located at 1025 Bluff St., presented and read. Coundfl Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Pro-Tern SLmon, Council Members Deich, Kluesner, P~att, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 256-88 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE ON BLUFF STREET, IN THE CITY OF DUBUQUE. WHEREAS, the City of Dubuque has an unsecured interest in the property at 1025 Bluff Street; and WHEREAS, to secure such interest it is necessary to purchase the property; and WHEREAS, the Dubuque County Board of Supervisors has agreed in prin- ciple to a sale of the property to the Ci- ty, for an amount sufficient to pay for the previous owner's real estate taxes due. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally-described property: The Easterly One-half (E 1/2) of Lot Five (5) of the Subdivision of the East Part of Out Lot 655 in the City of Dubuque, Dubuque Coun- ty, Iowa, according to the record- ed plat thereof. At the cost of ten thousand dollars ($10,000). Section 2. That the City Manager be and he is hereby authorized and directed to accept a Quit Claim Deed from Du- buque County, conveying the owner's in- terest to the City of Dubuque, Iowa for the herein above-described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be record- ed in the office of the Dubuque County Recorder, together with certified copy of this Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a cer- tified copy of the Resolution to the Du- haque County Assessor and the Du- buque County Auditor. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Counall Member Voetherg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Abeent--Mayor Brady, Council Member Heckmann. Communication of City Manager re- questlng Mayor be authorized to execute a Grant Agreement with HUD in the amount of $63,000 for the Rental Rehab 280 Regular Session August 15, 1988 (m) "Lender" shall mean the First Ns- tional Bank of Dubuque, Iowa. Section 2. Authority. The Notes and Loan Agreement authorized by this Resolution shall be issued pursu~ant to Section 403.9 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowo~ Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, Urban Renewal Tax In- crement Revenue Notes of the City of Dubuque, in the County of Dubuque, State of Iowa, Series 1988, each to be designated as "Urban Renewal Tax Incre- ment Revenue Note'~ in the aggregate amount of $125,000 for the purpose of carrying out the Dubuque Industrial Center Economic Development District Project, in accordance with the plan thereof. Section 4. Source of Payment. As pro- vided and required by Chapter 403 of the Code of Iowa, and Section 403.9, the Lean Agreement, the Notes and interest there- on shall be payable solely from the net revenues of the Urban Renewal Project including the Urban Renewal Tax Revenue Fund aforementioned; to the ex- tent authorized by Section 403.9 of the Code of Iowa, the interest on the Notes, for a period not to exceed three (3) years from the date the Notes are issued, may also be paid from the proceeds of the sale of Notes of this issue. The City hereby pledges to the pay- ment of the Notes the Revenue Fund aforementioned and the portion of taxes referred to in Subsection 2 of 403.19 of the Code of Iowa, to be paid into such fund. The Notes shall not constitute an in- debtedness within the meaning of any statutory debt limitation or restriction and shall not be subject to the provisions of any other law relating to the authoriza- tion. issuance or sale of bonds. The Notes issued pursuant to this Resolution are declared to be issued for an essential public and governmental purpes~ The Notes shall redte in substance that they have been issued by the City in con- nection with the urban renewal project as defined in Chapter 403 of the Code of Iowo, and in any suit, action or pro- ceedlng involving the validity or en- forceabifity of any note issued hereunder or the security therefor, such Notes shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in acco~ dance with the provisions of Chapter 408 of the Code of Iowa. Section 5. Term of Notes. The Notes shall be designated "Series 1988-Metrix Company Project", shall be dated as of their delivery; shall be in the denomina- tion of $5,000 or any multiple thereof; shall bear interest from their date until payment at the rate set forth in the form of note in Section 9 hereof; payable on January 1, 1989 and seminannually thereafter on the 1st day of July and January; shall be payable as to both prin- cipal and interest at the office of the Lender, in any coin or currency which, on the respective dates of payment, is legal tender for the payment of public and private debt% and shall mature as follows: Interest shall be payable on January 1, 1989 and semiannual- ly thereafter. Principal should be payable on July 1, 1991 and semiannually thereafter. Section 6. Redemption Prior to Matur- ity. The Notes may be paid before matur- ity, in whole or from t/me to time in part on any dat~ Section 7. Execution Of Notes. The Notes shall be exeCuted by the Mayor and Clerk and sealed with the corporate seal. In case any officer of the Issuer who shall have signed or sealed any Note shall cease to be such officer before the Note so signed or sealed shall have actually been delivered or issued, such Note may be delivered and issued with the same ef- fect as though the person who had sign- ed and sealed such Note had not ceased to be an officer of the Issuer. Section 8. Execution, and Delivery of the Notes. Upon the adoption of this resolution, the Mayor and Clerk shall ex- ecute and deliver the Notes to or upon order of the Purchaser against payment at par. Regular Session, August 15, 1988 281 T Section 9. Form of Note. Notes shall be / Standards Institute substantially in the printed in substantial compliance with/ form as follows: standards proposed by the American (6) (7) (8) (9) (10) (continued on the back of this Bond) FIGURE 1 (Front) The text of the Notes to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "URBAN RENEWAL TAX IN- CREMENT REVENUE NOTE" "SERIES 1988-METRIX COMPANY PROJECT" Item 2, figure 1 = Rate: 10.00% Item 8, figure i = Maturity: July 1, 1994 Item 4, figm~e i = Issuance Date: , 1988 Item 5, figure 1 = Item 6, figure 1 = "Registered" Item 7, figure I = Note Nc~ __ Item 8, figure 1 = Principle Amount: $ Item 9, figure i = The City of Du- buque, Iowo, a municipal corporation organized and existing under and by vir- tue of the constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to First National Bank of Dubuque, Iowa) or its assigns. Item 10, figure i = THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the principal office of the Lender or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable as to in- retest on January 1, 1989 and semian- nually thereafter on the 1st day of July 282 Regular Session AugUSt 15, 1988 and January in each year, with principal payments commencing on July 1, 1991 and concluding on or before July 1, 1994. This note is issued pursuant to the pro- visions of Section 403.9 of the City Code of Iowa, for the purpose of paying costs of carrying out of the Dubuque Industrial Center Economic Development District Project, in conformity to a Resolution of the Council of said City duly passed and approved. This Note is issued for the purpose of defraying the costs of carrying out an ur- ban renewal project designated as the Dubuque Industrial Center Economic Development District Project, of the City in accordance with the plan thereof. This Note may be prepaid by Issuer at its sole option and paid from any funds regardless of source before maturity, in whole or from time to time in part, and on any date. This Note is not an investment secur- ity and shall not be deemed negotiable under Articie 8 of the Uniferm Coramet- cial Code and Section 384.31 of the Code of Iowa. This Note and the series of which it forms a part, other outstanding obfiga- tions ranking on a parity therewith, and any additional obligations which may be hereafter issued and outstanding from time to time on a parity with said Notes, as provided in the Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the net revenues of the Dubuque Industriai Center Economic Development District Project, (the "Project"), as defined and provided in said Resolution including the fund and portion of taxes to be paid into such as referred to and authorized in Subsec- tion 2 of Section 403.19 of the Code of Iowa, as amended ("incremental t~xes"). There has heretofore been established and the City hereby convenante and agrees that it win maintain in force an ordinance providing for the division of incremental taxes within the area of the Project for the establishment of a sufficient sinking fund to meet the principal of and interest on this Note and other obligations rank- ing on a parity therewith, as the same become dug This Note is not payable in any manner by general taxation and under no circumstances shall the City be in any manner liable by reason of the failure ~ said incremenmi taxes to be suf- ficient for the payment hereof. And it is hereby representod and cer- tified that all acts, conditions and tlfings requisite, according to the laws and con- stitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and per- formed as required by law. IN TESTIMONY WHEREOF, said City by its City Council has caused this note to be signed by the manual signature of its Mayor and attested by the manual signature of its Clerk, with the seal of said City impressed hereon. Item 11, figure 1 -- (Seal) Item 12, figure 1 = [Signature Block] City of Dubuque, Iowa By: ( facsimile signature ) Mayor Attest: ( facsimile signature ) City Clerk Section 10. Legal Opinion. The delivery of the Loan Agreement shall be subject to the legal opinion of Ahiars, Coone~ Dorwefler, Haynie, Smith & Allbee, At- torneys, of Des Moines, Iowa Section 11. Equality of Lien. The tin, e- ly payment of principal of and interest on the Notes and Parity Obligations shall be secured equally and ratably by the revenues of the Project without priority by reason of number or time of sale or delivery; and the revenues af the Project are hereby irrevocably pledged to the timely payment of both principal and in- torest as the same become du~ Section 12. Application of Proceeds. After the execution of the Notes, said Notes shuil be delivered to the Treasurer and shall be by him duly and properly registored in his office, and he shall thereupon deliver the same to the pur- chaser. Proceeds of the Notes shall be credited to the Project Fund and expend- ed them(rom for the purposes of issuanc~ Subject to the llmitations contained in Regular Session August 15, 1988 283 Code Section 403.9(1) any amounts on hand in the Project Fund shall be available fur the payment of the prlndpal of or interest on the Notes at any time that other funds of the Project shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Moneys in the Project Fund shall be paid to the Lender in the amount of $1.000 as a loan fee, and moneys in the amount of $25,000 shall be promptly transferred from the Project Fand to the Sinking Fund for ap- plication to the payment of interest on the Notes. Any balance on hand in the Pro- ject Fund and not immediately required for its purposes may be invested not in- consistent with limitations provided by law or this Resolution. Proceeds in the amount of $125,000 and any excess pro- ceeds remaining on hand after completion of the project, shall be paid into the Reserve Fund. Section 13. Tax Levy. After its adop- tion, a copy of this Resolution shall be filed in the office of the County Auditor of Dubuque County to evidence the pledging of the Urban Renewal qhx Revenue Fund and the portion of t~xes to be paid into such fund and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with tbe Ordinance referred tojn the preamble hereof. It is hereby certified that, subject to such limitations as provided by Section 403.19 of the Code of Iowa, the annual amount to be levied for collection in hi- cremental texes pursuant to Section 403.19(2) of the Code of Iowa shall be not less than the maximum amount so col- lectible as established by the succeeding fiscal year, as follows: Fiscal Year Amount of (July 1 to Incremental taxes June 30) Year to be levied of Collection Maximum Amount 1990/1991 Maximum Amount 1991/1992 Maximum Amount 1992/1993 Maximum Amount 1993/1994 Section 14. Application of Revenues. Frown and after the delivery of the Note, and as long as the Note or Parity Obliga- tions shall be outstanding and unpaid either as to principal or as to interest, or until the Note and Parity Obligations then outstanding shall have been dis- charged and satisfied in the manner pro- vided in this Resolution, the revenues of the Project shall be disbursed as follows: (a) Siuidng Fund. There is hereby established and shall be maintained a special fund from which interest and prin- cipai on the note will be paid. The fund shall be known as the Dubuque Indus- trial Center Economic Development District Project Revenue Note and In- terest Sinking Fund (the "Sinking Fund"). The amount to be deposited in the Sinking Fund in any year shall be an amount not less than the interest and principal coming due on such Note dut~ ing the fiscal year. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Notes and Parity Obligations, as the same shall become due and payable. (b) Division of Revenues. All in- crementai tax revenue derived from the Metrlx Company development within the Project shul! be applied in each year first to the payment of interest due on the Note and thereafter to the payment of principal of the Note until it is retire& In- cremental taxes received with respect to the development of the Project other than by the Metrix Company may be pledged to other obligations as provided in Sec- tion 17. Moneys on hand in the Project Fund or the Sinking Fund provided by this Sec- tion may be invested only in direct obligations of the United States Govern- ment or deposited in banks which are members of the Federal Deposit In- surance Corporation and the deposits in wi~ich are insured thereby and all such deposits exceeding the maxirnmn amount insured from time to time by FDIC or its shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim in- vesta~ente shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided. The prc- visions of this Section shall not be con- strued to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sink- 284 Session, lng Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the Ci- ty but designated as a trust fund on the books and records of the City. All income derived from such invest- mante shall be deposited in the Revenue Fund and shall be regarded as revenues of the Project. Such investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 15. Covenants Regarding the Operation of the Project. The Issuer hereby covenants and agrees with each and every holder of the Notes and Par- ity Obligations: fa) Maintenance in Force. That the Issuer will maintain the Urban Renewal Project and the ordinance in force and will annually cause the incremental texes thereof to be levied and applied as pro- vided in this Resolution. (b) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the Project and in accordance with generally accepted accounting practices, and will cause the books and accounts to be audited nually not later than 120 days after the end of each fiscal year by on independent auditor and will file copies of the audit report with the Lender, including the balance sheet and the operating state- ment of the Project as cer~ifind by such auditor. The Lender shall have at all reasonable times the right to inspect the records, accounts and data of the Issuer relating to the Project and the Fund. It is further agreed that if the Issuer shall fail to provide the audits and reports re- qnired by this subsection, the Lender may cause such audits and reports to be prepared at the expense of the Issuer. The audit reports required by this Sec- tion shall include, but not be limited to, the following information: fi) An evaluation of the manner ]n which the Issuer has complied with the covenants of this Resolution; Iii) A statement of tax fund revenues and current expenditures; 1988 (iii) Analyses of each fund and ac- count created hereunder, including de- posits, withdrawals and beginning and ending balances; (iv) The tax rates in effect during the fiscal year, and the use of the Project; fy) The names and titles of the filters of the Issuer; and (vi) A general statement covering any events or circumstances which might affect the financial status of the Project and the bonds. In the event the audit provided for in this Section is prepared by the State Auditor the governing body will cause to be prepared a certified supplemental report containing the information quired by this Section. (c) State Laws. That the Issuer will faithfully and punctually perform all duties with reference to the Project quired by the Constitution and laws of the State of Iowa, and will segregate the revenues of the Project and apply said revenues to the funds specified in this Resolution. Section 16. Remedies. Except as herein expressly limited the Lender shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of pay- ment of their Notes, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 17. Prior Lien and Parity Obligations. The Issuer will issue no other obligations of any hind or nature ; a lien or claim on the property or revenues of the Pro- ect having priority over the Notes or Parity Obligations except as herein provided. Additional Obligations may be issued on a parity and equality of rank with the Notes with respect to the lien and claim additional Obligations to the of the Project and the money on deposit in the funds adopted by the Resolution, for the following purposes and under the fullowip4~ conditionS, but not otherwise: 285 he nurpcee of refunding any (a) For t ~ ~-4t¥ Obligations uart of the Notes or r~ a~r which shall ~vhich shall have matUesU v ~nhaet date of deliverY o~ anc- ~- s and for the payment of Obligation _ ,,.~ ;nsufflclant money which there anm~ -~ · together with the interest thereon to maturity or to the designated redemp' · _ ~o .re~fu~ tberean, if.any ~h~te maYbepay-~ed that proper notxcc m redemption of ali such obligat]ans to be shall have been previOUSlY shall have been for such publication. in the sinking Fund; riding any h ayment or depO. ait s,~ForchepUrposeofrefu~nding Upon ant -~P~itlce, or both, m t.h.e ,"' ,arit~ObligetinnsOU~.~v~.£ al money or secm -r .,rovided by tins ~ the following condit ~ec~.~.-,. ~he Notes or partly i/ the asuar sha ! .e.7)Tcon. pietely to payment ant tract fur ~ev~W~'"~olect, other th~ o ...... o ,*mcr. The ~rouerty wlt~n t~e ~E, ~ent, that ~' ~9 ~lu~an a the Metr~ ~ :~xes oald with ~pe~ .rovialans of tins ~, , A~ecment to the additmn~ dev&Op su~u~ - e.lSanar and the holder or holders of the No~S u,,~ P and that incremental respect to the IV[etrlx Company are not pledged to the tions other than as junior to the notes issued hereunder. ~li) ~he additional Notes r~st be ~ . ' ~ and as tointerest oayable as to pnn.cipm~' ~av as the Notes ~n the same month ann ~ ~ herein authorized. · . Discharge and Satisfaction SecttanlS~.o covenantS, liens and of NoteS. ~"~ - red into, created or impo. S- hedges ente .~. .~oofution may De Ped pursuant to ~as~ satisfied with ful diec ar t nd rari y Obliga' respect t°__t~eof them, in any one or more tions, er mc of the follOWing ways: B aying the Notes or parity ~a) y P _ _~.shallbeccme Obligations when the due and payable; and e oaiting in trust with the (b) By d p . r._urate trustee Treasnrer, or with a co ~, Pay ' . vecab-.l?e an amOUnt in cash or ~he purpo~ ' 'he lJnited States obligations o~ ~ . be maturities and yle~d of wfuch shall sufficient to retire at maturity, or by redemption pri : deslgnateddate P~ ~ all of such tionS may e ~ -n;.a at the trine, obligatiOnS out svan t~ons, and after theissuance of any of the Notes no change, variation or alteration kind in the proViSiOnS of this of any . shallbe made in any manner, Resolutton ,~_~ · the next suc- as provm~' 1.~uch time as the ~ and parity ObligatiOnS, and terest due thereon, shall have been satisfied and discharged as provided in this Resolution, Section 20. ModificatiOn of ResuiU' tinn. This Resolution may be amended from time to time if such amendment shall have been consented to by the Lender· Section 21. SeverahilltY. It is hereby decIamd that the sections, clans.es, sentences and parts of this ResoIut~an are severable and .are not mat. tere of mutuallY essential mduccment, ~t being the intention of the City to comply in all with the Constitution and respects - ~tato of Iowa, and if any statutes of the m one or mom sections, clauses, sentences his Resolution shall for any or parts of t ~ianed in any court .or reason be quas~-- ~-stitu~iana~ or m- shall be judgeU unC~u not impair or valid, such judg~an~. aS~n~ .reviaians of invalidate t. -~ :~all be confined in this Resolution, an~ ~- · ' n to the specific provision .or xte oparatm _ ~ ..~anstitutinnal or prOVisions so .~e~ ~-"~ ahlitv ur invalidity valid and the mappn~- ~ 286 Regular Session August 15, 1988 of any section, clause, sentence or part of this Resolution in any one or more in- stances shall not be taken to affect or prejudice its applicability or validity in any other instance. Section 22. Repeal of Conflicting Or- dinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to tbe extent oI such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tem ATTES~ Mayr A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tem Simon, Council Members Delch, Klues- ncr, Pratt, Voetberg. Nays--None. Ab- sent--Mayor Brady, Council Member Heckmann. Communication of City Manager re- questing approval for submission of a Grant Application for additional equip- ment for use by the Dubuque Police Dept. in narcotics enforcement, presented and read. Council Member Voetberg moved that the communication be received and filed and approved request. Seconded by Council Member Member Kluesner. Car- ried by the following vote: Yeas--Mayor Preqbm Simon, Council Members Daich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for the construction of the Roosevelt Road Sanitary Sewer AND Communication of City Manager recommending to award contract for pro- ject to Tschiggfrie Excavating, pre- sented and read. Council Member Kluesner moved that the proof and communicagion be received and filed. Seconded by Council Member Deice Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 259-88 AWARDING CONTRACT WHEREAS, sealed proposgls have been submitted by contractors for the ROOSEVELT ROAD SANITARY SEWER pursuant to Resolution No. 234-88 and notice to bidders published ~n a newspaper published in the City of Dubuque, Iowa on the 4th day of August, 1988. WHEREAS, said sealed proposals were opened and read on the 9th day of August, 1988 and it has been determined that the bid of ~chiggfrie Excavating of Dubuque in the amount of $97,228.83 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 DUBUQU~E, IOWA: That the contract for the above im- anwment be awarded to Tschiggfrie Ex- cavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: 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 15th day of August, 1988. David L. Simon Mayor Pro-~m ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resalu~ion. Seconded by Regular Session Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tem Simon, Council Members Daich, Klues- ncr, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Communication of City Manger re- questing approval of a new milk inspec- tion contract with the IA Dept. of Agriculture, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon. Council Members Deich, Kluesner, Pratt, Voetberg. Nays--Non~ Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 260-88 A RESOLUTION APPROVING AN INSPECTION SERVICE AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP FOR ENFORCEMENT OF THE MILK SANITATION LAWS OF THE STATE OF IOWA. WHEREAS, the Iowa Department of Agriculture and Land Stewardship is re- quired .to enforce the milk sanitation laws of the State of Iowa; and WHEREAS, the Iowa Department of Agricultore and Land Stewardship may contract with municipalities and private contractors to assist it in carrying out its enforcement and duties; and WHEREAS, the City of Dubuque employs a State certified milk sanitarian and desires to perform inspections under the provisions o~ the milk sanitation taws of the State; and WHEREAS, both parties agree that it is to their mutual advantage to enter into an Inspection Service Agreement. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque. Iowa hereby approves the attached In- August 15, 1988 287 spection Service Agreement between the Iowa Department of Agriculture and Land Stewardship and the City of Du- buque, Iowa. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-qbm ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Counail Member Voetherg. Carried by the following vote: Yeas--Mayor Pre-Tern Simon, Council Members Daich, Klues- net, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Communication of City Manager sub- mitting an amendment to the Animal Control Ordinance, 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 Pr~Tem Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Council Member Kluesner moved that this be considered the first reading of au ORDINANCE Amending Code of Ordi- nances by enacting a new Section 7-25 prohibiting dogs and cats from running at large under the Cede of Ordinances. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Pro-Tem Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Communication of Corporation Coun- sel Lindahl submitting Ordinance amen- ding portions of Chapter 5, Alcoholic Beverages, of the Code of Ordinances, presented and read. 288 Regular Session August 15, 1988 Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- fled by the following vote: Yeas--Mayor pm-Tern Simon, Council Members Deich, Kluesner, Pratt. Nays--Council Member Voetberg. Abeent--Mayor Brady, Conn- cil Member Heckmann. Council Member Kluesner moved that this be considered the first reading on- ly of an ORDINANCE Amending the Code of Ordinances of the City of Du- buque, IA, Chapter 5, Alcohofic Beverages, by amending portions of Sec- tion 5-2, 5-3, 5-5, 5-21, 5-23, 5-27, 5-28, 5-30, 5-33, 5-37. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Pratt. Nays--Council Member Voetberg. Absent--Mayor Brady, Council Member Heckmann. Market Place Cafe requesting to transfer their Beer Permit to Rotman Lot on 9/9, 9/10 and 9/11; West Dubuque 'Pap requesting to transfer their license to Rotman Lot on 9/9, presented and read. Council Member Kluesner moved that the transfers be approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Klues- net, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 261-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuqu~ 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 Ciga- rettes and Cigarette papers within said City. Gene Kopp Gene's 1641 Asbury Road Fitzpatrick's, Ltd Fitzpatrick's 2600 Dodge Street Passed, approved and adopted this 15th day of Augast, 1988. David L. Simon Mayor Pro-Tem ATTESt. Mory A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the fallowing vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Klues- ncr, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 262-88 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Fighting Saints Association Town Clock Plaza CLASS "C" BEER PERMIT Trans-Miss Investments, Inc. Oky Doky #11 2010 Kerper (Also Sunday Sales) Rainbo Oil Company KWIK STOP FOOD MART 2255 Kerper Blvd (Also Sunday Sales) CLASS "E" BEER PERMIT JFT, Ltd. Oky Doky #1 250 W. 1st St. IAlso Sunday Sales) Sid's Beverag~ Inc. Sid'sBeverage, Store 2727Dodge St. (Also Sunday Sales) Regular Session August 15, 1988 289 Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resalution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Protlbm Simon, Council Me~nbers Deich, Khies- net, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 263-88 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants wereinspected and found to comply with the State Law and ali City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Mary L, Detainer El Toro Lounge 1445 Central (Also Sunday Sales) Elbe, Inc. Dr. B's Billard 2095 Kerper (Also Sunday Sales) Thunderbirds of Dubuque, Inc. 660 Iowa St. (Also Sunday Sales) CLASS "E" LIQUOR LICENSE JFT, Ltd Oky Doky #1 250 West 1st St CLASS "F" LIQUOR LICENSE Hog Ryans, In~ 1387 Locust (Also Sunday Sales) Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tem ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Delch. Cm'ried by the following vote: Yeas--Mayor pro-Tem Simon, Council Members Delch, Kluesner, Pratt, Veetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 264-88 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of tbe City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Sheryl Ann Shireraan King of Clubs 1902 Central Ave. (Also Sunday Sales) Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Proqbm ATTES~ Mary A. Davis City Clerk 290 Regular Session Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Pro-Tem Simon, Council Members Deich, Klues- ncr, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Printed Council Proceedings for the month of January, 1988 for Council ap- proval, presented and read. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Pratt~ Ca~ tied by tho following vote: Yeas--Mayor Pro-Tern Siman, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. MINUTES SUBMITTED: Airport Commission of 7-26; Dock Commission of 8-2; Historic Preservation Comm. of 8-2; Housing Comm. of 7-12; Public Library Bd. of 7-19; Transit Trustee Bd. of 7-14; Keyline Earnings Statement & Statistics for 4th Quarter of Fiscal Year 1988, presented and read. Council Member Vcetberg moved that the minutes be received and filed. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Prc-Tem Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. NOTICES OF CLAIMS/SUITS: Wayne Briggs in amt. of $317.25 for car damages; Donald Brimeyer in amt. of $189.65 for tire damages; Jolene Hickson, in unknown amt. for personal injuries; Klm Singh in unknown amt. for car damages; Joseph Fleckenstoin in unknown amount for personal injuries, presented and read. Council Member Voetherg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Pm-Tern Simon, Council Members Deich, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. August 15, 1988 REFUNDS REQUESTED: James Wertz, in the amount of $422.50 for unexpired Liquor Licenses; presented and read. Council Member Voetberg moved that the refunds be approved and Finance Director to issue proper checks. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Proof of publication, certified to by the Publisher, on List of Claims for month of June, 1988, presented and read. Council Member Voetberg moved that the proof be received and filed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-qbm Simon, Council Members Deich, Kluesner, Pratt, Voetherg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Communication of Chairperson of Dubuque County Hospital Bd. of Trustees requesting a temporary con- struction easement of 40' in width and a permanent drainage easement 20 feet in width across Lot 18 of Park View in the City. and construction of a prepos- ed Storm Sewer, presented and read. Council Member Vcetberg moved that the communication be referred to the City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pre-Tem Simon, Council Members Dcich, Kluesner, Pratt, Voetherg. Nays--None. Abeent--Mayor Brady, Council Member I-Ieckmann. Communication of Hartig Drug Stores Corp. requesting permission to place Vending Machines (beverage) on the SW ,corner of 703 Main St. along the public right, of-way, presented and read. Council Member Vcetberg moved that the communication be referred to the City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deice Kluesner, Pratt, Voetherg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. Regular Session, Communication of Substance Abuse Services Center submitting Fourth Quarter Report for Fiscal Year 1988 on High Risk Youth, presented and read. Council Member Voetberg moved that the communication be received and liled. Seconded by Council Member Pratt. Ca~ tied by the following vote Yeas--Mayor pr~Tem Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Ueckmann. Communication of Planning and Zon- ing Commission advising of their ap- proval of final plat for preperty located atthe NE corner of Highway 20 (Dodge St.) and Wacker Dr., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Ca~ ried by the following vote: Yeas--Mayor P rc.Tem Simon, Council Members Deich Kluesner, Pratt, Voetherg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOULUTION NO. 265-88 RESOLUTION APPROVING THE FINAL PLAT OF "HAWKEYE HIGHWAY NO. 20 PLACE;' WHEREAS, there has been filed with the City Clerk a final plat of Hawkeye Highway No. 20 Place; WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commissten and they find that the same conforms to the statutes and or- dinances relating theret(~ except that Lot 2 and Lot 3 do not contain adequate frontage on a public street; WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the condition that Lot 2, Lot 3, Lot 4 and Lot 5 can be developed only in conjunction with ad- joining lots; WHEREAS. said final plat has been examined by the City Council and they find the same conterms to the statutes and ordinances relating thereto; and WHEREAS, the City Council concurs in the condition of approval established August 15, 1988 291 by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby ap- proved and the Mayor and Clerk be and are hereby authorized and directed to en- dorse the approval of the City of Du- buque upon said final plat, provided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: a) Lot 2, Lot 3, Lot 4 and Lot 5 can only be developed in conjunction with adjoining lots. Section 2. That in the event the owner fails to execute the Acceptance provid- ed for in Section 1 herein within forty- five (45) days after the date of this Resolution, the provisions herein shalIbe null and void and the approval of the Plat shall not be effective. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tern ATTES~ Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 265-88 We, the undersigned N.J. Yiannias, President of Key City Investment, hav- ing read the terms and conditions of the Resolution N(x 265-88 and being familiar with the conditions thereof, hereby ac- cept the same and agree to the condi- tlons required therein. Dated at D~diuqu~ Iowa this 16th day of August, 1988, By N.J. Yiannias President, Key City Investment Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro- Tern Simon, Council Members Delch, 292 Regular Session August 15, 1988 Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Counc'd Member Heckmann. Communication of Planning and Zon- ing Commission advising of their ap- proval of Final Plats for the extension of Northwest Arterial, presented and read. Coundl Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor ProTein Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Coun(il Member Heckmann. RESOLUTION NO. 266.88 A RESoLuTIoN APPROVING THE FINAL PLAT OF THE SUB- DIVISION OF LOT 1 OF LOT 3 OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; LOT 2 OF LOT 2 OF THE NORTH- WEST QUARTER OF THE SOUTH- WEST QUARTER; AND LOT 2 OF LOT 1 OF LOT 1 OF THE NORTH- WEST QUARTER OF THE SOUTH- WEST QUARTER, ALL IN SEC- TION 16, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN DU- BUQUE COUNTY, DUBUQUE, IOWA. WHEREAS, them has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 1 of Lot 3 of the northwest quarter of the southwest quarter; Lot 2 of Lot 2 of the northwest quarter of the southwest quarter; and Lot 2 of Lot 1 of Lot I of the northwest quarter of the southwest quarter all in section 16, Township 89 North, Range 2 East of the Fifth Principal Meridian in Dubuque County, Dubuque, Iowa; WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating theretg 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 of Lot 3 of the northwest quarter of the southwest quarter; Lot 2 of Lot 2 of the northwest quarter of the southwest quarter, and Lot 2 of Lot I of Lot 1 of the northwest quarter of the southwest quarter, all in Section i6, Township 89 North, Range 2 East of the Fifth Principal Meridian in Dubuque County, Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Khiesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 267-88 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDI- VISION OF LOT 2 OF HELEN E. AND MARY H. STEWART SUB- DIVISION IN SECTION 16, DUBUQUE TOWNSHIP, DUBUQUE COUNTY, DUBUQUE, IOWA. WHEREAS, there h~s been filed with the City Clerk a final plat oI the Subdivi- sion of Lot 2 of Helen E. and Mary H. Stewart Subdivision in Section 16, Du- buque Township, Dubuque County, Dubuque, Iowa; WHEREAS, said finai plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and Regular Session, August 15, 1988 293 WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating theret~ 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 2 of Helen E. and Mary H. Stewart Subdivision hi Section 16, Dubuque Township, Dubuque Coun- ty, Dubuque, Iowfi; be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tom ATTESql. Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Klues- net, Pratt; Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 268.88 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDI- VISION OF LOT 2 OF LOT 2 OF THE EAST HALF OF THE SOUTH- WEST QUARTER AND LOT 1 OF LOT 1 AND LOT 1 OF THE NORTH- WEST QUARTER OF THE SOUTH- WEST QUARTER, ALL IN SECTION 16, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE FIFTH PRINCI- PAL MERIDIAN IN DUBUQUE COUNTY, DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 2 of Lot 2 of the east half of the southwest quarter and Lot 1 of Lot 1 of Lot I of the northwest quarter of the southwest quarter, all in Section 16, Township 89 North, Range 2 East, of the Fifth Principal Meridian in Dubuque County, Dubuque, Iowa; WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said finai plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating theret(~ 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 2 of Lot 2 of the east half of the southwest quarter and Lot 1 of Lot 1 of Lot 1 of the northwest quarter of the southwest quarter, all in Section 16, Township 89 North, Range 2 East, of the Fifth Principal Meridian in Du- buque County, Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Daich, Kinesner, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 269-88 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDI- VISION OF LOT ! OF LOT 1 OF THE EAST ONE HALF OF THE SOUTHEAST QUARTER IN SEC- TION 17, TOWNSHIP 89 NORTH, RANGE 2 EAST, OF THE FIFTH 294 Regular Session, August 15, 1988 PRINCIPAL MERIDIAN IN DUBUQUE COUNTY, DUBUQUE, IOWA. WHEREAS, there bas been fded with the City Clerk a final plat of the Subdivi- sion of Lot 1 of Lot i of the east one half of the southeast quarter in Section 17, Township 89 North, Range 2 East, of the Fifth Principal Meridian in Dubuque County. Dubuque, Iowa; WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the Subdivi- sion of Lot I of Lot 1 of the east one half of the southeast quarter in Section 17, TownsMp 89 North, Range 2 East, of the Fifth Principal Meridian in Dubuque County, Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pr o-Tem ATTESt. Mary A.. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tem Simon. Council Members Deich, Klues- net, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Couuc'd Member Heckmann. RESOLUTION NO. 270-88 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDI- VISION OF LOT 1 OF LOT i OF LOT 1 OF LOT I OF LOT 1 OF LOT 1 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 16, TOWNSHIP 89 NORTH, RANGE 2 EAST, OF THE FIFTH PRINCIPAL MERIDIAN IN DUBUQUE COUNTY, DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of the southwest quarter of the southwest quarter in Sec- tion 16, Township 89 North, Range 2 E asr, of the Fifth Principal Meridian in Dubuque County, Dubuque, Iowa; WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating theret(~ NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the S~bdivi- sion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot i of the southwest quarter of the southwest quarter in Sec- tion 16, Township 89 North, Range 2 East, of the Fifth Principal Meridian in Dubuque County, Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this .15th day of August, 1988. David L. Simon Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resalution. Seconded by Council Member Pratt. Carried by the Regular Session, August following vote: Yeas--Mayor Pro-Tem Simon, Council Members Deich, Klues- ncr, Pratt, Voetberg. Nays--None. Absent--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 271-88 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDI- VISION OF LOT 1 OF HELEN E. AND MARY H. STEWART SUBDI- VISION IN SECTION 16, DUBUQUE TOWNSHIP; DUBUQUE COUNTY, DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 1 of Helen E. and Mary H. Stewart Subdivision in Section 16, Du- buque Township, Dubuque County, Dubuque, Iowa; WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval eh- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the plat of the Subdivi- sion of Lot 1 of Helen E. and Mary H. Stewart Subdivision in Section 16, Du- buque Township, Dubuque County, Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clark are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 15th day of August, 1988. David L. Simon Mayor Pro-Tom ATTES~ Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by 15, 1988 295 Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Klues- ncr, Pratt, Voetberg. Nays--None. Absent--Mayor Brad:~ Council Member Heckmann. Petition of Stacie Neldaugbter et al (containing 159 signatures) requesting an amendment to Ch. 21 of the City Code by adding "sexual orientation" as a protected category, presented and read. Council Member Voetberg moved that it be referred to the Human Rights Com- mission. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro-Tem Simon, Council Members Deich, Kluesner, Pratt, Voetherg. Nays--Nong Absent--Mayor Brady, Council Member Heckmann. Petition submitted by Sandra Kirkbride et al objecting to requested change in City Cede which would add "sexual orientation" as a protected category, presented and read. Mrs. Kirkbride stated that their opinion was not give a proper Hearing at the Com- mission meeting. Council Member Kluesner moved that the petition be recleved and filed and referred to the Human Rights Commis- sion. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--Nong Aheent--Mayer Brady. Council Member Heckmann. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich. Kluesner, Pratt, Voetberg. Nays--None. Absent-- Mayor Brady, Council Member Heck- Meeting adjourned at 8:45 p.m. Mary A. Davis City Clerk Approved 1989 Adopted 1989 296 Regular Session, August 15, 1988 Mayor Council Members ATTESt. City Clerk Regular Session, September 6, 1988 297 --'-'-'--'--------'---- ~Simon, Carried by the following vote: CITY COUNCIL i Yeas-MayorBrady, Council Members I Heckmann, Kluesner, Pratt, Simon, OFFICIAL [ Voetberg. Nays--None. Absent--Council Regular Session, September 6, 1988 Member Deiek. Council Met at 7:30 p.m., at the Public Library Auditorium. Present--Mayor Brady, Council Members Heckraann, Kluesner, Pratt, Simon, Voetberg, City Manager W. Ken- n6th Gearhart, Corporation Counsal Barry A. Lindahl. Absant--Canncil Member Dalek. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council coiled for the purpose to act upon such business which may properly come before the Council PRocLAMATION(S): September 8th os "Adult Literacy Day" received by Mary Stromi September 15th os "School Night for Scouting" received by Steve Rankan; Week of September 17 thru 23 as "Constitution Week"; October 30th os "Halloween Trick or Treat Time". , City Manager acknowledged a $10,000 bequest to the City from the Marvin Whitlow Estate, which will be used for something of permanent value in City Hall. Council Member Simon moved to sas- pend the rules to allow anyone present to address the Council. Seconded by Council Member tteckmann. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Heckmann, Klueaner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Proof of publication, certified to by the Publisher, on Notice of Public Heating, to consider reclassifying prope~ies at 2350 and 2368 Central Ave. and 2351 White St. from R-2A to C-2 Zoning, presented and read. There were no writ- ten objections received at the time of the Hearing. Bob Beecher, Pres. of Beecher Oil Co. requested favorable zoning. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member ORDINANCE NO. 3868 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE , BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS ~HE "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREIN- AFTER DESCRIBED PROPERTY AT 2350 CENTRAL, 2368 CENTRAL AND 2351 wHITE FROM P~2A ALTER- I TWO FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT, said Or- dinance having bean given 1st reading only at the Council Meeting of August 15th, presented for final action. Council Member Voetberg moved to waive the rules requiring three separate readings before final adoption of the Or- dinance, and ~urther moved final adop- tion of the Ordinance. Seconded by Coun- cil Member Simon. Vote on the motion was as follows: yeos--Mayor Brady, Council Members Heckmann, Pratt, Simon, Voetberg. Nays--Council Member Kluesner. Absent--Council Member Deich. MOTION FAILED DUE TO LACK OF 3/4 VOTE NEED- ED TO WAIVE THE RULES. Council Member Kluesner then moved ~o reconsider the action just taken. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heckmann, Khresner, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Dalch. Council Member Voetberg again moved to waive the rules requiring three separate readings before final adoption of the Ordinance, and inr~her moved final adoption o£ this Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich.