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1988 September Council Proceedings296 Regular Session, August 15, 1988 Mayor Councli Members ATTESq~ City Clerk Regular Session, CITY COUNCIL OFFICIAL Regular Session~ September 6, 1988 Council Met at 7:30 p.m., at the Public Library Auditorium. Present--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon~ Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. LindahL Absent--Council Member Deich. Mayor Brady read the call and stated tins is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business winch may properly come before the Council. PRocLAMATION(S): September 8th as "Adult Literacy Day" received by Mary Stromi September 15th os "School Night for Scouting" received by Steve Ranken; Week of September 17 thru 23 as "Constitution Week"; October 30th as "Halloween Trick or Treat Time". City Manager acknowledged a $10,000 bequest to the City from the Marvin Whitlow Estate, ;,vinch will be used for something oI permanent value in City Hall. Council Member Simon moved to sus- pend the rules to allow anyone present to address the Council. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Proof of publication, certified to by the Publisher. on Notice of Public Hearing, to consider reclassifying properties at 2350 and 2368 Central Ave. and 2351 Winte 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 Voetbe~g moved that the proof of publication be received and filed. Seconded by Council Member ~tember 6, 1988 297 Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Veetberg. Nays--None. Absent--Council Member Deich. ORDINANCE NO. 38-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREIN- AFTER DESCRIBED PROPERTY AT 2350 CENTRAL, 2368 CENTRAL AND 2351 WHITE FROM R-2A ALTER- NATE TWO FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT, said Or- dinance having been given let reading only at the Council Meeting of August 15th, presented for final action. Council Member Vcetberg moved to waive the rules requiring three separate readings before final adoption of the Or- dinance, and further moved final adop- tion of the Ordinance. Seconded by Coun- cil Member Simon. Vote on the motion was as fo[lows: Yeas--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 KIuesner then moved to reconsider the action just taken. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady~ Council Members Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--Non~ Absent--Council Member Deich. Council Member Voetberg again moved to waive the rules requiring three separate readings before final adoption of the Ordinance, and further moved final adoption of tins Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. 298 (OFFICIAL PUBLICATION) ORDINANCE NO. 38.88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREIN- AFTER DESCRIBED PROPERTY AT 2350 CENTRAL, 2368 CENTRAL AND 2351 WHITE FROM R-2A ALTER- NATE TWO FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. Regular Session, September 6, 1988 Proof o~ Publicatinn, certified to by the Publisher, on Notice of Public Hearing on Plans and SpecificaUlans for the Grandview Avenue Sanitary Sewer Reconstruction, presented and read. No written objections were received and no objectors ~ere present at the time of the public hearing. Council Member Simon moved that the proof of publication be received and fried. Seconded by Council Member Pratt. Car- fled by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be emend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-2A Alternate Two-Family Residential District" to "C-2 Nsighborhecd Commer- cial District", to wit: The west 80 feet of the south 2 feet of Lot 24, the west 80 feet of the north V2 of Lot 23 and the south % of Lot 23, all in L.H. Langworthy Addition and to the center line of the adjoining public right-of-way all in the City of Dubuque, Iowa~ Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted tkis 6th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of September, 1988. Mary A. Davis City Clerk It 9/12 RESOLUTION NO. 272-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 26th day of July, 1988, plans, specifications, form of con- tract and estimated cost were fded with the City Clerk of Dubuque, Iowa, for the Grandview Avenue Sanitary Sewer Reconstruction; and WHEREAS, notice of hearing on ,lans, 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 o£ contract and estimated cost are hereby approved as the plans, specifica- Uwns, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of September, 1988· James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Cmmcil Member Simon moved adop- tion of the ResaluUlon. Seconded by Councll Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Regular Session, Pratt, SimOn, Voetberg. Nays--None. Absent--Councri Member Deich. Proof of publication, certified to by the Publisher, on Notice to 13idders of the Receipt of Bids for .the construction of Grandview Avenue Sanitary Sewer Reconstruction AND Communication of City Manager recommending award of contract for above to W.C. Stewart Con- st~uction, presented and read. Council Member Simon mo-xed t~t the proof and communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heckmann, Kluesner, Pratt~ Simon, Vastberg. Nays--None. Absent--Council Member Dcich. R~SOLUTION NO. 2734~8 · AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Grandview Avenue Sanitary Sewer Reconstruction pursuant to Resolution No. 234-88 and notice to bidders pub- lished in a newspaper published in the Ci- ty bf Dubuque, Iowa on the 4th day of August, 1988. WHEREAS, said sealed proposals were opeped and read on the 25th day of August, 1988 and it has been determined that the bid of W,C. Stewart Construc- tion of East Dubuque in the amannt af $68,458.66 was the lowest bid for the fur- nishlng of all labor and materials and pe~ forming 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 W.C. Stewart Construction 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 upop the signing of said contract and the approval of the contractor's bond, the :City Txeasurer is authorized September 6, 1988 299 and instructed to return the bid deposits of the unsuccessful, bidders. Passed, approved and adopted this 6th day of September, 1988. Jemes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: YeaswMayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Deich. Petition of. Jerry Enaler, Dubuque Historical Society, requesting to address Council to request a lung-term lease of the National Rivers Hall of Fame Building, presented and read. Council Member Simon moved that the petltion be referred to Staff to negotiate inng-term lease. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Absent--Counell Member Deich. Communication of Airport Commis- sion requesting that the Councri take the necessary action to change the name of the Dubuque Municipal Airport to the Dubuque Regional Airport, presented and read. Council Member Pratt moved that the communication be received and fried and directed the City Manager to do the necessary Ordinance to change it to the Dubuque Regional Airport. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon~ Voetberg. Nays--None. Absent--Councri Member Delcb. Communication of City Manager re- questing approvni of two Ordinances associated with the Sidewalk Inspection and Repair Program, presented and read. Council Member Voetber~ moved that the communication be received and fried. 300 Regular Session, September 6, 1988 Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Ccuncil Members Kluesner, Pratt, Simon, Vaetberg. Nays--Mayor Brady; Council Member Heckmann. Absent--Council Member Deich. An ORDINANCE Amending the Code of Ordinances by enacting new Sections 33-91 and 33-92 in ]leu thereof end creating new Sections 33-93 through 33-95. relating to the maintenance and repair of public sidewalks AND An OR- DINANCE Amending Cede of Ordi- nances by enacting a new Section 37.16 in ]leu ther~f and creating a new Section 37.17 relating to the planting and removal of trees on pub]lc right-of-way and the establishment of a Street Tree and Lendscaping on public right-of-way po]icy, presented and read. Council Member Vcetberg moved that these be considered the first readings of the Ordinances. Seconded by Council Member Pratt. Carried by the renewing vote: Yeas--Council Members Klueenor, Pratt, Simon, Voetberg; Nays--Mayor Brady, Council Member Heckmann. Abeent--Council Member Deich, Communication of City Menager re- questing concurrence with the 1989 pro- posed Legislative Statements, presented and read. Council Member Pratt moved that the communication be received and filed and concurred with Legislative Statements. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heckmenn, Khieener, Pratt, Simon, Veetberg. Nays--None. Abeent--Coun~il Member Delch. communication of City Menager sub- mltting the Fiscal Year 1990 Budget Po]icy Gulde]lnes for Council discussion and further requesting adopting said guidelines, presented and read~ Council Member Kluesner moved that the communication be received and filed and guidelines adopted. Seconded by Council Member Prett. Mayor Brady moved to amend the guidelines by removing Guideline '#10. Seconded by Council Member Simon. Vote on the m~- tion was as follows: Yeas--Mayor Brady. Nays--Council Member Heckmann, Kluesnerl Pratt, Simon, Voetberg. Absent--Council Member Delch. MO- TION FAILED. Vote was then taken on the original motion to approve guidelines as presented. Yeas--Mayor Brady, Council Members Heckmarm, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager re- questing approval to submit a Communi- ty Economic Betterment Account (CEEA) Program app]lcatlon to the IA Department of Economic Development, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heakmenn, Kluesner, Pratt, Simon, Veetberg. Nays--None. Absent--Council Member Delch: RESOLUTION NO. 274-88 A RESOLUTION AUTHORIZI'NG THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT GRANT APPLICATION ON BEHALF OF THE DUBUQUE DATA SERVICES COMPANY EXPANSION PROJECT WHEREAS, the Dubuque Data Set- vices Company, a local data processing service bureau, has proposed the expan- sion of its existing marketing and sales operations; and WHEREAS, the City Council of Du- buque, Iowa has considered said proposal and has determined that it will contcibute to the local economy; and WHEREAS, the Community Eco- nomic Betterment Account (CEBA} pro- gram has been created by the Iowa Department of Economic Development to assist in the econon~ development ef- forts of local jurisdictions; and WHEREAS. the City of Dubuque, Iowa is eligible to apply for funding from the Community Economic Betterment Account program as defined in House Regular Session, File 225, Acts of the~ 71st General Assembly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the fi]lng of au applica- tion for participation in the Iowa Com- mudity Economic Betterment Account program in behalf of The Dubuque Data Services Company's expension project is approved. Section 2. That the City Manager be endhe is hereby authorized to execute and submit said application to the State of Iowa Development Commission and other appropriate agencies together with such documents as may be required. Passed, approved and adopted this 6th day of September, 1988. James E. Brady Mayor Aq~TEST: Mary A. Davis City Clerk Council Member Kluesner moved adop~ ti6n. of the Resolution. Seconded by Council Membe~ Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmaun, Klueener, Pratt; Simon, Voetbeag. Nays--None. Absent--Council Member Delch. Commun~cetion of City Menager questing approval of an Annual Con- tributions Contract with HUD for Sec- tion 8 Program Housing Vouchers, in the amount of $53,688, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Cotmcil Member Voetborg. Carried by the fo]lowing vote: Yeas-- Mayor Brady, Counnil Members Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Abeent--Couneil Member Delch. RESOLUTION NO. 275-88 A RESOLUTION APPROVING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 HOUSING VOUCHER PROGRAM NO. IA05-V0874}05 ~tember 6, 1988 301 WHEREAS, the City Council authorized en app]lcation to the U.S. Department of Housing and Urban Development (HUD), in August 1988, for an increment to the Section 8 Housing Voucher Program; and WHEREAS, the Department has ap- proved the app]lcation, in the amount of $53,688 Annual Contributions Authori- ty; and WHEREAS, the Department requires ~ecution of en Annual Contributions Contract for the City's admirfietratlon of these funds. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute an Annual Contributions Contract, with the U.S. Department of Housing and Urban Development, for Project No. IA05- V087-005, under Master Annual Con- tributlons Contrast No. KC-9004E, on behalf of the City of Dubuque. Passed, approved and adopted tiffs 6th day of September, 1988. James E. Brady Mayor ATTEST: . Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolugion. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Coun(d Member Delch. Communication of City Manager recommending removalbf parking from portions of W. llth St. and O]lve St., )re~ented and read. Council Member Kluesner moved that ;he communication he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Simon, Voetberg. 302 R~gular Session, September 6, 1988 N~ys--None. Absent--Council Member Deich. An ORDINANCE Amending Code of Ordinances by adding a portion of West llth St~ and Olive St. to subsection (d) of Section 25-257 thereof providing for the prohibiting of parking, presented and read. Council Meraber Kluesner moved that tins be considered the first reading of the Ordinance, and that the requ/rement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted ha suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Vote on the motion: was as follows: Yeas--Council Members Heckmaun, Kluesner, Pratt, Simon, Voetberg. Nays--Mayor Brady, Absent--Council Member Dsich. MO- TION FAILED DUE TO LACK OF 3/4 VOTE. Council Member Kluesner moved that tins be considered the first reading of the Ordinanee~ Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Heckmann, Kinasnbr, Pratt, Simon, Voetberg. Nays--Mayor Brady. Absent--Council Member Deich. Communication of City Manager recoramend/ng placement of a "No Park- ing'' restriction on the south side of Rasedaie Ave. from a point 70 feet east of St. Ambrose St. to the alley easterly thereof as petitioned by St. Anthony's Church, presented and read. Council Member Kluasner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Heckmmm, Kluesner, Pratt, Simon, Voetberg. Nays--None; Absent--Council Member DeictL ORDINANCE NO. 39-88 AN ORDINANCE AMENDING CODE OF ORDINANCES BY ADDING A PORTION OF ROSEDALE AVENUE TO SUBSECTION (d) OF SECTION 25-257 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING, presented and read. Council Member Kluesner moved that tins be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Veetberg. Nays--None. Absent--Counc'fl Member Deich. (OFFICIAL PUBLICATION) ORDINANCE NO. 39-88 ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA BY ADD- ING A PORTION OF ROSEDALE AVENUE TO SUBSECTION (d) OF SECTION 25-257 THEREOF PRO- VIDING FOR THE PROHIBITING OF PARKING. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by add/ng Rased/de Avenue to Subsec- tion (d) of Section 25-257 thereof as follows: "Sec. 25-257. Prohibited or Designated Streets or Portions Thereof. (d) No-parking-at-aoy-time zones designated. Rosedale Avenue, south side, from a point 70 feet east of St. Ambrose Street to the alley easterly thereof. Passed, approved and adopted tins 6th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session, September 6, 1988 303 Published officially hi the Telegraph Herald newspaper tins 12th day of September, 1988. Mary A. Davis City Clerk It 9/12 ORDINANCE NO. 40-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENACT- lNG A NEW SECTION 7-25 PRO- HIBITING DOGS AND CATS FROM RUNNING AT LARGE, said Ordinance having been given the 1st reading only at the meeting of August 15, 1988 presented for further action. Council Member Kluesner moved to waive the rules requiring an ordinance to be read at three separate meetings and further moved final adoption of the or- dinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmmm, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Counc'fl Member Dalch. (OFFICIAL PUBLICATION) ORDINANCE NO. 40-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY EN- ACTING~A NEW SECTION 7-25 PRO- HIBITING DOGS AND CATS FROM RUNNING-AT-LARGE UNDER THE CODE OF ORDINANCES NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by enacting a new Section 7-25 as follows: "Sec. 7-25. Running at Large. It shall be unlawful for any owner to permit or allow a dog or cat to mn-at-large." Passed, approved and adopted this 6th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tins 12th day of September, 1988. Mary A. Davis City Clerk It 9/12 ORDINANCE NO. 41-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUEUQUE, IOWA, CHAPTER 5, ALCOHOLIC 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 (1st reading only given at meeting of 8-15-88), presented for fur- thor action. Council Member Kluesner moved to waive the rules requiring an ordinance to be read at three separate meetings and further moved final adoption of the or- dinance. Seconded by Council Member Pratt. Carried by the funowing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dsich. (OFFICIAL PUBLICATION) ORDINANCE NO. 41-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, OF THE CITY OF DUBUQUE, IOWA, CHAP- TER 5, ALCOHOLIC BEVERAGES, AMENDING SECTION 5-2, DEFINI- TIONS, BY ADDING A DEFINITION OF "ADMINISTRATOR", BY ADD- ING A DEFINITION OF "DIVI- SION'', BY SUBSTITUTING IN THE DEFINITION OF "HOTEL OR MO- TEL" "STATE DEPARTMENT OF INSPECTIONS AND APPEALS" FOR "STATE DEPARTMENT OF AGRI- CULTURE''; AMENDING SECTION 5-3(8), RELATING TO PROHIBITED SALES AND ACTS, BY SUBSTITUT- ING "DIVISION" FOR "DEPART- MENT''; AMENDING SECTION 5-5, RELATING TO SIGNS, TO PRO- HIBIT SIGNS OR OTHER MATTER ADVERTISING ANY BRAND OF ALCOHOLIC LIQUOR; AMENDING SECTION 5,21(d), RELATING TO CLASSES OF LIQUOR CONTROL 304 Regular Session September 6, 1988 LICENSE; AMENDING SECTION 5-23, RELATING TO THE APPLICA- TION AND BOND, BY ELIMINAT- InG REFERENCES TO CERTAIN BONDS; AMENDING SECTION 5-27- (b)(2), RELATING TO REQUIRE- MENTS FOR PREMISES, BY SUE- STITUTING "ADMINISTRATOR" FOR "STATE BEER AND LIQUOR CONTROL DIRECTOR"; AMENDING SECTION 5-28, PROOF OF FINAN- CIAL RESPONSIBILITY, BY SUB- STITUTING !'DIVISION" FOE "DEPARTMENT"; AMENDING SEC- TION 5~30, RELATING TO ACTION BY THE COUNCIL, BY SUBSTI- TUTING "DIVISION" FOR ,DE- PARTMENT''; AMENDING SEC- TION 5-33, RELATING TO SUR- RENDER OF PERMIT OR LICENSE, BY SUBSTITUTING "DIVISION" FOR "DEPARTMENT"; AMENDING SECTION 5-37(a), RELATING TO ,PENALTIES FOR CONVICTION OF VIOLATION OF LIQUOR CONTROL PROVISIONS, BY SUBSTITUTING "DIVISION" FOR "DEPARTMENT"; AND AMENDING SECTION 5-371b) (1), RELATING TO THE PENALTY FOR A FIRST CONVICTION, BY PROVIDING THAT THE PENALTY FOR CERTAIN FIRST CONVIC- TIONS SHALL BE A CIVIL PENAL- TY IN THE AMOUNT OF THREE HUNDRED ($300.00) DOLLARS, RATHER THAN SUSPENSION OF A LICENSE OF PERMIT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: Section 5-2 of the City of Dubuque, Code of Ordinances is amend- ed by adding the following new paragraphs: Administrator means the ad- ministrator of the Alcoholic Beverages Division of the Department of Commerce established by Iowa Code Chapter 123. Division means the Alcoholic Beverages Division of the Department of Commerce established by Iowa Code Chapter 123. Section 2: Section 5-2 of the City of Dubuque; Cede of Ordinances is hereby amended by deleting in the definition of "hotel or motel" the word "agriculture" and substituting in lieu thereof" "inspec- tions and appeals". Section 3: Section 5-3 of the City of Dubuque, Code of Ordinances is hereby amended by deleting from subparagraph (8) the word "department" and substituting in lieu thereof "division". Section 4: Section 5-5 of the City of Dubuque, Code of Ordinances is hereby amended by adding after "any brand of" in the first sentence "alcoholic liquor," and by adding after "authorized to sell" in the first sentence "liquor,". Section 5: Section 5-21 of the City of Dubuque, Code of Ordinances is hereby amended by adding after "licensed premises" in the third sentence of sub- paragraph (d) ", though the separate premises may have a common entrance". Section 6: Section 5-23 of the City of Dubuque, Code of Ordinances is hereby amended by deleting "required" in the second sentence of the first paragraph and by adding after "fee and bond" in the second sentence of the first paragraph ", if required,"; by deleting the third sentence of the first paragraph; and by deleting subparagraphs (a), (b), (c), (d), (e), (f), and (g). Section 7: Section 5-27 of the City of Dubuque, Code of Ordinances is hereby amended by deleting "state beer and li- quor control director" from sub- paragraph (b) (2) and substituting in lieu thereof "administrator". Section 8. Section 5-28 of the City of Dubuque, Code of Ordinances is hereby amended be deleting "department'"and substituting in lieu thereof "division". Section 9: Section 5-30 of the Cit~ of Dubuque, Code of Ordinances is hereby amended by deleting the Section and substituting in lieu thereof the following: Action taken by the council shall be so endorsed on the application and thereafter the application, necessary fee and bond, ff re- quired, shall be forwarded to the division for such further action as is provided by law. Regular Session, Section 10: Section 5-33 of the City of Dubuque, Code of Ordinances is hereby amended by deleting "department" in the second sentence and substituting in lieu thereof "division"; and by deleting from the fourth sentence the word "department" and substituting in lieu thereof "division". Section 11: Section 5-37 of the City of Dubuque, Code of Ordinances hereby amended by deleting in subparvgraph the word "department" and substituting in lieu thereof "division"; and by adding to subparagraph (b) (1) the following: However, if the conviction is a violation of section 5-3(5) of this chapter, or Iowa Code section 123.49(2)(h), which occurred on or after January 1, 1988, the violator's liquor control license or wine or beer permit shall not be suspended, but the violator shall be assessed a civil penalty in the amount of three hundred ($300.00) dollars. Failure to pay the civil penalty will result in automatic suspension of the license or permit for a period of fourteen (14) days. Section 12: This Ordinance shall be in full force and effect immediately upon its final adoption and publication as provid- ed by law. Passed, approved and adopted this 6th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 13th day of September, 1988. Mary A. Davis City Clerk It 9/13 Pe~ition of Dc~buquc Fighth~g Saints requesting to txansfer their Beer Permit from Town Clock Plaza to 7th Street Parking Ramp on September 10th, if needed, was presented. Council Member Kluesner moved ap- proval of transfer. Seconded by Council Member Pratt. Carried by the following September 6, 1988 305 vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 276-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. P.M.S.T. Inc. Mark A. and Pauline Hancock 2323 Roekdale Rd. passed, approved and adopted this 6th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesuer, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 277-88 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 cc- cupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bpnd; 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 Holy Trinity Parish (14 Day Permit) 1700 Lincoln (Also Sunday Sales) 306 Regular Session, September 6, 1988 CLASS "C" BEER PERMIT Family Mart, Inc. 3201 Central (Also Sunday Sales) Iowa Oil Company IOCO Speede Shoppe 1387 Dodge St. (Also Sunday Sales) The Lincoln Company Casey's General Store 4003 Peru Rd. (Also Sunday Sales) Passed, approved and adopted this 6th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adap- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt~ Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 278-88 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- soLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a ldquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE P.M.S.T., Inc. (Mark Hancock) Happy's Place 2323 Rockdale Rd. (Also Sunday Sales) Eagle Point Associates, Inc. The Toll Bridge Inn 2800 Rhondierg (Also Sunday Sales) Jerry Lee James Neighbor's Tap 1899 Rockdale Rd. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Thomas R. Crawford Ralnbow Louage 36West 4th Street (Also SundaySales) Passed, approved and adopted this 6th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members I.ieckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Printed Council Proceedings for month of February. 1988, presented for Coun- cil approval. Council Member Simon moved that the proceedings be approved as printed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Member Deich. MINUTES SUBMITTED: Airport Conm~. of 8-16; Dock Commlssion af 8-9; Five Flags Comm. of 8-22; Historic Preservation Comm. of 8-9 & 8-23; Hous- ing Comm. of 8-9; Htumau Rights Corcan. of 8-8; Planning and Zoning Comm. of 8-3; Plumbing Bd. af 8-4; Public Library of 8-16; Zoning Bd. of Adjustment of 7-28 & 8-2; Park & Recreation Comm. of 8-9, presented and read. Cooncll Member Simon moved that the minutes be received and filed. Seconded by Council Member Vcetberg. Cmxied by Regular Session, September 6, 1988 307 the following vote: Yeas--Mayor Brady, Council Members Heckmunn, Kinesne~, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dcich. Five Flags Civic Center Corem. sub- mitting Year End Report for FY'88; Public Library submitting their statistical report for month of July, 1988; City Manager submitting Financial Reports for the month of July, 1988, presented and read. Council Member Simon moved that the reports be received and~filad. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--Nune. Absent--Council Member Deich. NOTICES OF CLAIMS/SUITS: Doris Churchill, in amt. of $73.50 for car damages; Opal Cenlon in amt. of $188.17 for personal injuries; Terry Gaherty in amt. of $144.75 for vehicle damages; At, tomey Joseph Bitter on behalf of Steven Gremmel in amt. of $10,000 for personal damages; Judith Hannah in est. amt. of $79.30 for auto damages; Attorney Joseph Bitter on behalf of Gloria Kramer in amt. of $10,000 for backed-up sewer damages; Terl Kress in est. amt. of $60 for auto damages; Marguerite Loney, in est. amt. of $2,469.30 plus for auto damages and personal injuries; Diane Pedretti in amt. of $33 for personal in- juries; Randy Weber in the amount of $366.70 for personal injuries; Vickie Weber in amt. of $366.70 for personal in- juries; Vic]de Weber in amt. of $18.98 for auto damages; Mrs. Melvin Weydert in unknown amt. for property damages, presented and read. Council Member Simon moved that the alalms and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Voetberg. Carried by the fallnwing vote: Yeas-- Mayor Brady, Council Members Heckmann, Khiesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Member Deich. Communicatinn of Corporation Counsel recommending alosure of the following claims: Rondid Bartlett for car damages; Joseph Fleckenstein for per- sonal injuries; Steven Gremmel for credit ruined; Jalene Hickson for slip and fall injuries; Marguerite Loney for personal injuries; Imelda Martin for slip and fall injuries; Alice Veals for sewer back-up damages, presented and read. Council Member Simon moved that the communications be received and filed and recommendations approved. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. IA DOT advising of condemnation of certain rights for Conkm Bldg. Co. for the relocation of Primary Rd. U.S. #61 in the City, presented and read. Council Member Simon moved that the notice be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Hcekmann, Kineener, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. iA DOT Director of Air & Transit Division advising of the approval of fund- ing for projects under the Essential Air Service Terminal Improvement Program in the amt. of $68,703.04, presented and Council Member Simon moved that the notice be received and filed. Seconded by Council Member Voetberg. Carried by Council Members Heckmann, Kinesner, Abeent--Councll Member Deich. Delos McDonald requesting some type of easement in perpetuity upon mutual- ly acceptable terms, to enter property ly- ing westerly of Eagle Point Park and separated from Shiras Ave., presented and read. matter be referred to the City Manager and Staff. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Member Deich. 3~08 R~egular Session September 6, 1988 ~ Petition Of Edward Zalaznik requesting city to vacate and convey property known as Raliroad St. in Center GrOve Addn~ bounded by Lot 22 on the westerly side and Lot 20 and Lot 21 on the easter- ly side and Lot 78 on the sOUthern side p~'esented and read. Council Member Simon moved that th~ petition be referred to the City Manager and staff. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesnar, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Petition of District Executive of North- east Iowa Council for Boy Scouts re- questing that service clubs be allowed to continue their fundraising efforts as has be?n allowed in previous years, presented and read. Council Member Simon moved that the petition be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members I-Ieckmann, Kluesner, pratt. Simon, Voetberg. Nays--None. Absent--Council Member Deich. Petitio~ of Judy Schroeder containing 92 signatures, requesting traffic lights with pedestrian crossing signals at the intersection of University and North Algona Streets, presented and read. Council Member Shnon moved that the petition be referred to the City Manager and staff. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dcich. SPECIAL CITY OF DUBUQUE ELECTION AUGUST23,19~ Canvassed August 29, 1988 State of Iowa ) ss Du'quque County) We, the undersigned members of the Board Of Supervisors, acting as a Board of Canvassers from the County of Du- buque pursuant to Section 50.24, Code of Iowa, 1987, do hereby certify that the following is a correct abstract of the votes cast at the Special Ward I City Council Election in the City of Dubuque held on August 23, 1988, accordiug to the certificate of the respective election ficials as returned from the precincts in said City as enumerated herein below on the offices of Council Member Ward 1. James M. Mary A. Total Precinct Heckmann Miller Voters 12 98 81 129 13' 60 16 76 14 99 23 124 15 32 12 44 19 55 26 81 21 46 11 59 Absentee 8 2 10 Totals 398 121 523 We further certify that at the Special City Council Election held on August 23, 1988, the following person, having re- ccived the largest number of votes in said election, is declared elected to the unex- p/red Ward One City Council position, to wit: Council Member - Ward One (Unexpired Term) James M. Heckmann In testimony, whereof, we have hereun- to set out hands and caused this to be attested to and sealed by the County Auditor as Commissioner of Elections, this 29th day of August, 1988. s/Alan Manternach Chairperson s/Eldon Hercig Member s/Donna Smith Member ATTEST: Denise M. Dolau, Auditor and Commissioner of Elections Council Member Simon moved that the Special Election results be made a mat- ter of record. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Regular Session, Communication of phil Wulfekuhle submitting his resignation from the Housing Commission, presented and read. Couudl Member Simon moved that the cormnunication be received and flied and accepted with regret. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. REFUNDS REQUESTED: ARA Sar- vices, Inc. (Flexsteel) $75 on unexpired Cigarette Permit, presented and read. Cotmcll Member Simon moved that the refund be approved and Finance Direc- tor to issue proper check. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner. Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Bom. d of Trustees for the Dubuque Police and Fire Retirement Systems sub- mitting their financial reports for the year ending June 30, 1988, presented and Couucfl Member Simon moved that the reports be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Roger Osborne submitting resignation from Historic Preservation Commission effective Aug. 31, 1988, presented and read. Council Member Simon moved that the resignation be received and filed and ac- cepted with regret. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Councll Member Deich. City Manager informing of Fiscal Year 1988 incompleted projects which will be carried forward into Fiscal year 1989, presented and read. September 6, 1988 309 Council Member Simon moved that the communication be received and filed and approved the carryover. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Voetberg~ Nays--None. Absent--Council Member Deich. Communication of Corporation Counsel recommending settlement of sewer backup claim of Charles & Ruth Ellis in the amt. of $1500, presented and read. Council Member Simon moved that the connnunication be received and filed and approved reconunendation, with Finance Director to issue proper check. Second- ed by Council Member Voetberg. Carried by the fufiowing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Deich. Communication of Corporation Coun- sel recommending closure of the follow- ing debris: Car damage of Merrill Smock; Car damage of Kim Singh; Car dmnage of Donald Brimeyer, presented and read. Council Member Simon moved that the communication be received and filed and approved recommendations. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager sub- mitting Fiscal Year 1988 Street Finance Report, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heckmarm, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 279-88 RESOLUTION APPROVING OF CITY OF DUBUQUE FISCAL YEAR 1988 STREET FINANCE REPORT 310 Regular Session September 6, 1988 , BE IT RESOLVED, BY THE CITY OF DIIBUQUEi IOWA: Section 1. That the Street Finance Report for the period July 1, 1987 to June 30, 1988 be and the same is hereby approved, and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation, on or before September 10, 1988. Passed, approved and adopted this 6th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voatberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Khiesner, Prat~, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communicatiqn of City Manager responding to Hartig Drug Stores re- quest to place soft drink vending machines in the public alley and recom- mending disapproval of the request, presented and read. Council Member Simon moved that the communication be received and filed and approved and concurred with the recom- mendations. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmaun, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Dcich. There being no further business, Coun- cil Member Pratt moved to adjourn. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Veetberg. Nays--None. Absent--Council Member DeicE Meeting adjourned at 10:01 p.m. Mary A. Davis City Clerk Approved .1989 Adopted__ 1989 Mayor Council Members ATTEST: City Clerk __ ~egular Session, SE CITY COUNCIL OFFICIAL Regular Session, September 19. 1988 Council met at 7:30 p.m., at the Public Library Auditorium. Present--Mayor Brady, Council Members Heckmann, Klueaner, Pratt, Simon, Voatberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Abeant--Council Member Deice Mayor Brady read the call and stated that this is the REGULAR MONTHLY MEETING 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. Ted Welch, Pastor of Faith Baptist Church. PROCLAMATION: October 2-8 as "Mental Iliness Awareness Week". Mayor Brady swore in James M. Heckmanu as Mayor Pr~-Tem. Canununication of City Manager re- queati~g a Public Hearing be held to con- sider the granting of a Storm Sewer Easement across City-owned property to Sunnycreat Manor, presented and read. Council Member Kluesner moved that the communication be received and filed and approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 280-88 RESOLUTION GRANTING A 20 FOOT WIDE STORM SEWER EASE- MENT ACROSS LOT 1 OF 18 IN PARK VIEW SUBDIVISION TO SUNNYCREST MANOR WHEREAS, Sunnycrest Manor has requested that the City of Dubuque grant a 20' wide permanent storm sewer ease- merit and a 40' wide temporary construc- ,tember 19, 1988 311 tion easement across Lot 1 of 18 of Park View Subdivision; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa has prepared and submit- ted a plat and Grant of Easement show- ing said permanent and temporary ease- ment; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that the request of Sunnycrest Manor for the granting of said easement should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to grant said easement request across Lot I of 18 of Park View Subdivi- sion in the City of Dubuque, Iowa, as re- quested by Sunnycreat Manor. Section 2, That the granting of said easement be contingent upon the peti- tioner's payment of associated publica- tion and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to file said easement plat, Grant of Easement, and a certified copy of this Resolution in the Office of the Recorder in and for Dubuque County, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to grant said ease- ment in a manner as prescribed by law. Passed, approved and adopted this lgth day of September, 1988. Ja~nes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of the Planning and 312 R?gular Session, September 19, 1988 Zoning Commission approving rezoning request of HRW Associates to reclassify property Iocatod east of Keyway and Keystone Drive from R-1 to. R-3, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Pratt. Car- tied by the following Vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. An ORDINANCE Amending Appen- dix A of Code of Ordinances by reclassi- fying property east of Keyway Drive and Keystone Drive from "t1~1 Single Fami- ly Residential District" to "R-3 Multi- Family Residential District", presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- lng be held on the proposed Ordinance on the 3rd day of October, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice inthe manner prescribed by law. Seconded by Council Member Pratt. Vote on the mo- tion was as follows: Yeas--Council Members Heckmann, Simon. Nays-- Mayor Brady, Council Members Klues- nor, Pratt, Vcetberg. Absent--Conncli Member Delch. MOTION FAILED DUE TO 3/4 VOTE NEEDED. Council Member Simon moved that this be considered the first reading of the Ordinance and that it be set for Public Hearing on October 3, 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 Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None: Absent--Council Member Deich. Communication of Planning and Zon- ing Commission approving request of Jerry Henkel to amend the~Conceptual Development plan for property located at the NW corner of Chaney Road and Asbury Read, presented and read. Council Member ~nnon moved that the communication be received and filed. Seconded by CounCil Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members tteck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. An ORDINANCE Amending Appen. dJx "A" of the Code of Ordinances by amending the Conceptual Development Plan for the existing PR Planned Residential District for property located at NW Corner of Chaney Rd. and Asbury Rd., presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a prpposed Ordinance be considered and voted on for .passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 3rd day of October, 1988 at 7:30 o'clock p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Couneil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Absent--Conned Member Deich. Communication of City Manager ap- proving request from Charles McDer- mott from Tri-State Implement Co. for the vacating of a portion of excess Cedar Cross Road right-of-way, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heckmaun, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-Council Member Deich. RESOLUTION NO. 281-88 RESOLUTION APPROVING PLAT Regular Session, September 19, 1988 313 OF A VACATED PORTION OF CEDAR CROSS ROAD BEGINNING APPROXIMATELY 200 FEET NORTH OF STARLIGHT DRIVE, THENCE APPROXIMATELY 440 FEET NORTHERLY TOWARD CRESCENT RIDGE WHEREAS, there has been presented to the City Council of the City of Du- buque, Iowa, a plat dated June 27, 1988 prepared by IIW Associates, P.C., Du- buque, Iowa, describing the vacated por- tion of Cedar Cross Road beginning ap- proximately 200 feet north of Starlight Drive, thence approximately 440 feet northerly toward Crescent Ridge; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated June 27, 1988 prepared by IIW Associates, P.C. relative to the real estate hereinabove described be and the same is hereby ap- proved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the Office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. An ORDINANCE Vacating a portion of Cedar Cross Read beginning approx. 200 ft. north of Starlight Drive, thence approx. 440 feet northerly toward Cres- cent Drive, presented and read. Council Member Kluesner moved that this bo considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meet~nge prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- lng be held on the proposed Ordinance on the 3rd day of October, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesnar, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 282418 RESOLUTION DISPOSING OF CITY INTEREST IN LOT A OF VALLEY VIEW HEIGHTS IN THE CITY OF DUBUQUE, IOWA WHEREAS, Charles McDermott d/b/a Tri-State Implement Company has re- quested the vacating of a portion of Cedar Cross Road beginning approx- imately 200 feet north of Starlight Drive, thence approximately 440 feet norther- ly toward Crescent Ridge in the City of Dubuque, Iowa; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa has prepared and submit- ted to the City Council a plat showing the vacated portion of Cedar Cross Road and assigned a lot number thereof, which hereinafter shall be known and described as Lot A of Valley View Heights in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of Cedar Cross Road is no longer required for public use, and vacating and sale of said portion of Cedar Cross Road known as Lot A of Valley View Heights in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 314 Regular Session, September 19, 1988 Section 1. That the City of Dubuque intends to dispose of its interest in Lot A of Valley View Heights in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot A of Valley View Heights in the City of Dubuque, Iowa be contingent upon the petitioners payment of $2,500.00 plus platting, publication and filing fees. Section 3. That the City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of reconstructing, repairing, modifying, o~ing, operating, and main- taining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be currently authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate in a manner as prescribed by law. Passed, approved and adopted this 19th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoF- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Vootberg. Nays--None. Absent--Council Member Deich. Communication of City Manager re- questing a Public Hearing to be held regarding the assignment of the Lease Agreement with Dubuque Marina, Inc., presented and read. Council Member Simon moved that the communication be received and filed and approved. Seconded by Council Member Pratt. Carried by the followir~ vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Vcotberg. Nays--None. Absent--Council Member Dalch. An ORDINANCE Vacating Shiras Ave. Extension from the south proper- ty line of Harbor St. to tha south end of Shiras Ave. Extension, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance, and that tbe requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 3rd day of October, 1988 at 7:30 p.m. in the Prlblic Library Auditurium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dcich. RESOLUTION NO. 283-88 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL PROPERTY BY LEASE WHEREAS, the City of Dubuque is the owner of legal title to two tracts of land shown on Exhibit A, attached hereto and incorporated herein by reference, as "Tract E" and "Tract F"; AND WHEREAS, the City of Du- buque desires to lease Tract E and Tract F to American Marina of Iowa. Inc., upon the terms and conditions set forth in a proposed Amendment to Lease Agreement, now on file with the City Clerk, City Hall, Dubuque, Iowa. AND WHEREAS, the City Council of the City of Dubuque, Iowa has deter- mined that the proposed Amendment to Lease Agreement should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in Tract E and Tract F as set forth in the proposed Amendment to Lease Agreement. Seciion 2. A public hearing on the pro- posed Amendment to Lease Agreement ] is hereby set for the 3rd day of October, Regular Session, September 19, 1988 315 1988, at 7:30 p.m. in the Public tha~thecommunicationbereccivedand Auditorium of the City of Dubuque filed and concurred with denial. Second- Public Library, after which public hear- ed by Council Member Kluesner. Carried lng the City Council may make a final determination of the proposed Amendent to Lease Agreement. Section 3. The City Clerk is hereby directed to publish notice of this resolu- tion and of the date, time and place of the public hearing on the proposed Amend* ment to Lease Agreement. Passed, approved and adopted this 19th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution, Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Canncll Member Deich. by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Richard Hansal, 3175 Asbury Rd. re. quested Public Hearing, objecting to denial of access to his property. 409 Tamarack Dr., ob- jected to downgrading of zoning. Council recessed at 9:23 p.m. Council reconvened at 9:43 p.m. Communication of Planning and Zon- ing Commission advising of their denial of the request by Kluck Construction and George Weitzal to reclassify property located at 2769 Univewsity from OR Of- fice Residential to C-3 General Commer- cial Distr~ct, presented mad read. Council Member Siman moved that the Bob Pace of the Brutger Co. gave a report on the Downtown Hotel, re- questing extension of time for documen- tation completion, Council Member Simon moved that they approve the ex- tension of tmie to December 31, 1988. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Mayor Brady. Absent--Council Member Deich. Council Member Simon moved to sus- pend the rules to allow anyone present to address the Council. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dcich. Communication of Planning and Zen- lng Commission advising of their denial on the request of Richard Hansel to rezone property at the SW corner of Cedar Cross Rd. and Starlight Dr, from AG Agricultural to C-3 General Comme~ cia[ District, presented and read. Council Member Heckmann moved concurred with denial. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Abeant--Councll Member Deich. Petition of Kluck Construction and George Weitzel requesting Council to rezone west half of OR-1 zoned property at 2769 University to C-3 General Com- mercial District, presented and read. Council Member Simon moved that the petition be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager sub- mitting additional information relative to Sidewalk Program, presented and read. Council Member Simon moved that the communicat~un be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: 316 Yeas--Mayor Brady, Council Members Heckmann, Kluasnor, Pratt, Simon, Voetbarg, Nays--None, Absent--Canenll Member Deice Copy of communication of Corporation Counsel to City Manager submitting fur- ther information on the question of whether or not a city by Ordinance may pass on liability for defective sidewalks to abutting property owners, presented and read, Council Member Simon moved that the communication be received and filed, Seconded by Council Member Heckmann, Carried by the following vote: Yeas--Mayor Brady, Council Membere Heekmaun, Kluesnar, Pratt, Simon, Voetberg, Nays--Nuno, Abeent--Conncll Member Deich, An OP~DINANCE Amending the Code of Ordinances by adopting new Sections 33.91 and 33.92 in lieu thereof, relating to the entise to property owners to mp~a~& replaes or reconstruct sidewalks, taxi ~ assessment of costs thereof, and adopting new Sections 33-93 and 83.95, relating to the payment of nsesesmante and the levying of special nsecasment~ for sidewalk repairs, and the adoption of a sidewalk repair poliCy {let reading given on 9,6.88), presented and read, Council Member Simon moved that this be considarad the 2nd reading of tho Ordinance and also that Staff modify the policy as suggested, Seconded by Conn. cll Member Heckmann, Carried by the following vote: Yeas--Mayec Brady, Council Members Heckmann, Kluesnar, Pratt, Simon, Voetharg, Nays--None, Absent--Council Member Dalch, An ORDINANCE Amending the Code of OrdinanCeS by enacting a new Section 87.16 in lieu thereof and creating a new Section 37.17 re~atlng to the planting and removal of trees on public right-of-way and the establishment of a street tree and landscaping on public rlght'of~way policy {let reading given on 9-6), presented and read, Council Member Voetbarg moved that this be considered the second reading of the Ordinance, and that Section 8 be amended, Seconded by Council Member Pratt. Carried by the following vote: 19, 1988 Yeas--Council Members Heckmann, Kluesnor, Pratt, Simon, Voetberg. Nays--Mayur Brady, Abasnt--Connoll Member Deice Council Member Kinesnsr moved that be considered the second reading of an ORDINANCE Amending the Code of Ordinances by adding a portion of West llth St,, and Olive St, to subsection of Section 25.257 thereof providing for the prohibiting of parking {lst reading given at 9.6 meeting), Seconded by Coun- cil Member Pratt. Vote on the motion was as follows: Yeas--Council Members Heckmann, Klueanar, Pratt, Nays-- Mayor Brady, Council Members Simon, Voetberg, Absant~Cannoil Member Daleli, MOTION FAILED ~ OR- DINANCE NOT ADOPTED, Jeff Mo~ena and John Whalan quested the Ordinenes bo passed, Audrey Yarneli requested that Or. dinanes not be adopted, Petition of Audrey Yarnsll et al (10 elgnaturem) oppoeing petition requesting the removal of parking in different areas on W, llth St,, presented and read, Council Membe~ I~Auesnar moved that the petition be received and flied, S~cand- ed by Council Member Pratt, Carried by the following vote: yees-Mayor Brady, Council Members Heekmann, Klueanar, Pratt, Simon, Vcetherg. Naye~Nane. Absent--Cannoil Member Dalch. Communication of City Manager re- questing madi~ieatian of Cable Television Services, presented and read. Council Member Klussnar moved that the communication bo rsecived and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayur Brady, Council Msmbere Heckmann, Pratt, Shnon, Voetberg. no. Absent--Council Member Daleh. RESOLUTION NO. 284-88 WHEREAS, the citizens of Dubuque have supported and subsidized the birth and eonsiderahie growth of the cable tolevistan industry for more than thirty. four yeare~ and Regular Session, September 19, 1988 WHEREAS, each of the cable operators serving Dubuque has enjoyed a consistently high level of subecribershlp due principally to tercaln factors that sulate the business from any form of ef- fective competition; and WHEREAS, the Dubuque Cable Fran- chins Agreement, approved by the voters in t98t, provided for the expansion of the number of channels of programming of- feted under basic service in order to assure that the system would always be able to provide the greatest diversity of programming, and especially those pro- gram networks and services for which local clglzens express a preference; and WHEREAS, the mandated channel ex- pansion was not accomplished by Group W Cable by the required deadline, and the City of Dubuque and TCI Cablevision negotiated in good faith to transfer the franchise and complete the channel ex- pansion in a timely and state-of-the~art manner, for which the City forgave the two year delay and certain other deadlines and obligations; and WHEREAS, Section 6.8 of the Du- buqno Franchise Ordinance requires that signals of at least four independent sta- tions be included in basic service when available, and further provides that as channels are added, first preference be given to programming not significantly included in otl~er basic channels; and WHEREAS, the Cable Franchise Ad- mlnistrater's Office of the City of Du- buque has noted numerous letters, peti- tions, telephone calls and other com- municatinns indicating a strong public preference for the return of New York Superstation WWOR as well as any af- filiate station of the Fox Broadcasting Network; and WHEREAS, the City does not require, did not request, and does not envision an inunodiate need for a second government access channel; and WHEREAS, the public and educa- tional access channels, the local orlgina- tlon channel, the classified advertising channel, and the electronic program guide channel together more than ade- quately fulfill the viewers needs for both commeralal wad non-commercial notices, 317 announcements and advertisements, leaving yet another separate bulletin board channel umxecessary and redund- ant; and WHEREAS, the Cable Connnuhica' tlons Policy Act of 1984 has, for the pre- sent time, prc~empted the City Council's authority through the local franchise agreement over subscriber rates, specific programming content, and program channel allocations. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City, wtfile pleased with the technical improvements and considerable investment and efforts by TCI Cableviaion in completing the system rebuild, is nevertheless disap- pointed in the basic service rate increase, the notable absence of WWOR-TV and the Fox Broadcasting Network from the channel llneup, and the sparalty of mean- ingful new programming alternatives amid a plethora of message channels and home shopping services. Section 2. That the City does hereby relinquish its use of the second govern- ment access channel (presently number 50), request and urge TCI Cablevialon to replace this channel with Superstation and further request and TCI Cablevisinn to employ the highest quality antenna and receiving equipment in an attempt to receive the off-the-air broadcast signal of Madison, Wisconsin, station WMSN-TV or anoth- er affiliate of the Fox Broadcasting Net- work placing such network affiliate signal on the system in lieu of the separate bulletin board channel. Section 3. That the City Clerk be and is hereby authorized and directed to for- ward a certified copy of this resolution to TCI Cablevision of Dubuque. Passed, approved and adopted this 19th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 318 Regular Session, September 19, 1988 Council Member K!uesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmaun, Kluesner Pratt, Simon, Veetberg. Nays--None. Aheent--Council Member Deich. Communication of Corporation Counsel submitting Ordinance renaming the Dubuque Airport, presented and read. Council Member Heckmmm moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas~Mayor Brady, Council Member Heckmann, Kluesner, Pratt, Simon Voetberg. Nays--None. Absent--Council Member Deich. ORDINANCE NO. 42-88 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF OR- DINANCES BY REPEALING SEC- TION 4-1 ADOPTING IN LIEU THEREOF A NEW SECTION 4-1, CHANGING THE NAME OF THE AIRPORT OF THE CITY OF DU~ BUQUE FROM !'THE DUBUQUE MUNICIPAL AIRPORT" TO "DU- BUQUE REGIONAL AIRPORT~!, Amending Code of Ordinances by adopt- ing in lieu thereof a new Section 4-1, changing the name of the Airport of the City of Dubuque from "The Dubuque Municipal Airport" to "Dubuque Regional Airport", presented and reed. Council Member Heckmann moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final edop- ~on of the Ordinance. Seconded by Coun- cil Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. (OFFICIAL PUBLICATION) ORDINANCE NO. 42-88 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF OR- DINANCES BY REPEALING SEC- TION 4-1 AND ADOPTING IN LIEU THEREOF A NEW SECTION 4-I, CHANGING THE NAME OF THE AIRPORT OF THE CITY OF DU- BUQUE FROM ~'THE DUBUQUE MUNICIPAL AIRPORT" TO "DU- BUQUE REGIONAL AIRPORT." NOW, THEREFORE, BE IT RE- SOLVED BY THE CIq~/COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-1 of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. The following new Section 4-1 of the City of Dubuque Cede of Or- diances is hereby adopted: SECTION 4-1. NAME The airport located in Table Mound Township now the proper- ty of the City is hereby named "Dubuque Regional Airport." Passed, approved and adopted thls 19th day of September, 1988~ James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of September, 1988. Mary A. Davis City Clerk It 9/23 BOARDS AND COMMISSION APPOINTMENTS: AIRPORT COMMISSION: One six year term which will expire 9-14-94 (term Of C. J. May, Jr.). Applicants: Paul From- melt, Mark O. Schuppener, and Craig A. Rose, M.D. Vote on the appointment was as follows: Mayor Brady voted for From- melt; Council Member Heckmann voted for Frommelt; Council Member Kluesner voted for Frommelt; Council Member Pratt voted for Frommcit; Council Member Simon voted for Frommelt; Regular Session, September 19, 1988 319 Council Member Voetberg voted for Frommelt. Therefore, Paul Frommelt op- pointed to the Airport Commission for a six year term which will expire 9-14-94. TRANSIT BOARD ff One Three year term which will expire 7-30-91 (Term of H. Bemls). APPLICANT(S): Harry Bemis. Council Member Simon moved that Mr. Bemis be reappointed for a three year term which will expire 7-30-91. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Bredy, Council Members Heckmann, Kineener, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Deich. Communication of Council Member Dave Simon submitting resignation from Board of Directors of the Greater Du- buque Development Corporation (GDDC), presented and read. Council Member Voetberg moved that the conununication be received and filed and accepted with regret. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Mayor Brady moved that Council Member Mike Pratt be appointed to the Greater Dubuque Development Corpora- tion (GDDC) as the Council represen- tative. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon. Voetberg. Nays--None· Absent--Council Member Deich. RESOLUTION NO. 285-88 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 ee- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Keith Joseph Hagge Caboose Arcade Ice Cream Parlor 1720 JFK · (Also Sunday Sales) Pizza Hut #2 of Dubuque 320 E. 22nd (Also Sunday Sales) CLASS "C" BEER PERMIT Kopple's Market, Inc. Kopple's Grocery 1098 University (Also Sunday Sales) Mdigrew Oil Co. Asbury Fastep 3300 Asbury Rd. (Also Sunday Sales) Passed, approved and adopted this 19th day of September, 1988· James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klues~er moved adolY tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 286-88 WHEREAS, Applications for Liquor Licenses have been subwitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the Manager he authorized to cause to be issued to the following named applicant(s) a Liquor 320 Regular Session, September 19, 1988 CLASS "B" tHOTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Motor Hotels, Inc. Holiday Inn Dubuque 1111 Dodge (Also Sunday Sales) (~LASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Leroy A. Miller Whitey's Bar-X 2616 Windsor Ave. (Also Sunday Sales) Admiral's Hi-Hat West, Inc. 253 Main St. (Also Sunday Sales) Angela Mangeno Hard Times Tavern 1401 Elm St. (Also Sunday Sales) Robert P. Spiegelhalter Club House 2364 Washington (Also Sunday Sales) Passed, approved and adopted this 19th day of September, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolutlon. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. MINUTES SUBMITTED: Special Airport Commission of 8-30; Dock Com- mission of 9-6; Housing Code Appeals Bd. of 8-23; Humane Society of 8-17; Historic Preservation Corem, of 9-6, presented and read. Council Member Voetberg moved that the minutes be received and filed. Second- ed by Council Member Pratt, Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent'Council Member Deich. Communications of Corporation Counsel recommending settlements of the following claims: Auto damage o£ Vicki Weber in the amount of $18.98; Auto damage of Terry Gaherty in the amount of $144.75, presented and read. Council Member Voetberg moved that the setflemente be approved and directed Finance Director to issue the proper check. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communications of Corporation Counselrecommending denial/closure of the following claims: property damage of Mrs. Melvin Weydert; Auto dmnage of Doris Churchill; Auto damage of Terry Kress; Property and auto damage of Judith Harmon; Slip and fall of Opal Con- lan; Sewer back-up of Gloria Kramer; Peo sonal injury of Diane Pedretti; Personal injury of Randy Weber, presented and read. Council Member Voetberg moved that the communications be received and fried and approved recommendations. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Abeent--Councll Member Deich. NOTICES OF CLAIMS/SUITS: Karl E.,Milier in est. amt. of $75 for personal losses; Thomas M. Yarnall in approx. rout. of $445 for personal injuries; Terri Jo Mueller, by Terrance Mualler, father, in unknown amt. for personal injuries; Larmy League, on behalf of son Brandon, in unknown amt. for personal injuries, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Couned Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Heckmarm, Kluesner, Pratt, Simon, Voetberg. Nays--None. Abeent--Council Member Deich. IOWA DOT advising of comienmation of certain rights for relocated Prin~ary Road U.S. 61 for Zephyr Aluminum Pro- ducts, Inc~ property, presented and read. Regular Session, September 19, 1988 321 Council Member Voetberg moved that the notice be received and filed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Abeent--Canncil Member Deich. Communication of Mrs. Bevlin Barrels objecting to cable rates and additional channels being shown, presented and Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of Dubuque Audubon Society suggesting the feasibility of natural plantings being used in various public areas adjacent to the across-city highway, presented and read. Council Member Vcetberg moved that the communication be received and filed. Seconded by Counc'd Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Heckmann Kinesner, Pratt, Simon, Voetberg. Nays~-None. Absent--Council Member Dalch. Communication of City Solicitor Blum advising of findings regarding claim of Donald and Thomas Brimeyer vs. City of Dubuque et al, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car~ tied by the following vote: Yeas--Mayor Brady, Council Members Heckmarm, Kinesner, Pratt, Simon, Voetberg. Nays--None. Abeent--Councll Member Deich. Petition of Wahlert High School re- quest'rog permission to hold a bonfire Pep Rally on Oct. 13th, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager for implementation. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Counall Member Deich. REFUND REQUESTED: Runald Craff, $75 on unexpired Cigarette License, presented and read. Council Member Voatberg moved that the refund be approved and Finance Director to issue the proper check. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Heckmaun, Kluesner, Pratt, Simon, Voetberg. Nays--None. Abeent--Council Member Dalch. Communication of City Manager pco- viding a brief summary of a public input meeting conducted for the Fiscal Year 1990 City Budget, presented and read. Council Member Voetberg moved that the conununication be received and filed. Seconded by Coundd Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. Communication of planning & Zoning Commission approving final plat of Buena Vista Subd. No. 6, presented and read. Council Member Voetharg moved that the communication be received and filed. Seconded by Council Member Pratt. Car~ cied by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kineaner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 287-88 A RESOLUTION APPROVING THE FINAL PLAT OF BUENA VISTA SUBDIVISION NO. 6 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Buena Vista Subdivision No. 6 in the City of Du- buque, IoWa; WHEREAS, said plat has been ex- amined by the City Planning and Zoning 322 Regular Session, Se ~tember 19. 1988 Commission and hod its approval en- dorsed thereon: and WHEREAS. said plat has been ex- amined by the City Council. and the Ci- ty Council finds that the same conforms to s;atutes and ordinances relating thereto. NOW. THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Buena Vista Subdivision No. 6 in the City of Dubuque, Iowa be and the same ~s hereby approved~ and the Mayor and Ci- ty Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed. approved and adopted this 19th day of September, 1988. James E. Brady Mayor 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 Brady. Council Members Heckmann. Kluesner, Pratt. Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of Planning and Zon- ing Commission approving final plat of Block 2 in Highland' Park Estates. presented and read. Council Member Voetberg moved that the communication be received and fled. Seconded by Council Member Pratt, Car- ried by the following vote: Yeas--Mayor Brady, Council Members Heckmanr,. Kluesner. Pratt, Simon, Voetberg. Nays--None, Absent--Council Member Deich. RESOLUTION NO. 288~8 RESOLUTION APPROVING THE FINAL PLAT OF BLOCK 2 IN HIGHLAND PARK ESTATES IN THE CITY OF DUBUQUE, IOWA. WHEREAS. there has been filed with the City Clerk a final plat of Block 2 in Highland Park Estates in the City of Dubuque, Iowa: WHEREAS. said flnoJ plat has been ~xamlned by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that Lot 3. 4. 5 and 6 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 3~ 4. 5 and 6 can only be developed in conjunction with adjoining lots: WHEREAS. said final plat has been examined by the City Council and they find the same conforms to the statutes and ordinances relating thereto: and WHEREAS. the City Council concurs in the condition of approval established by the City Planning and Zoning Commission: NOW. THEREFORE. BE IT 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, Iowa. upon said plat, provided that the owner of said property shall ex- ecute a written acceptance hereto at- tached, acknowledging and agreeing: al Lot 3. 4, 5 and 6 in Block 2 in Highland Park Estates can only be devaloped in conjunction with adjoming 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 shall be null and void and the approval of the Plat shall not be effective. Passed, approved and adopted this 19th day of September, 1988. James E. Brady Mayor Regular Session, September 19, 1988 323 ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved odoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of Plandi~g and Zon- ing Commission approving final plat of Clarke Crest Estates 5th Addn. in the Ci- ty, presented and read, Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Klue~ner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 289-88 RESOLUTION APPROVING THE FINAL PLAT OF CLARKE CREST ESTATES 5TH ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Clarke Crest Estates. 5th Addition in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear stxeets to be known as Farral Court and Lacey Court, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Plarming and Zon- lng Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been ex- aminod by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that Lacey Court and Farral Court have not been improved; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Far- tel Court and Lacey Court, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the final plat of Clarke Crest Estates 5th Addition be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Farrel Court and Lacey Court with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque stan- dard specifications. b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the final plat; c. To install water mains and water service laterals in accordance with plans submitted with the final plat; d. To install storm sewers and catch- basins in accordance with plans submit- ted with the plat; e. To install concrete sidewalks as re- qdired by Ordinances, and where directed by the City Engineer and the City Manager; L To install boulevard street lighting in accordance with City specifications; g. To construct the foregoing ira- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To construct said improvements, except sidewalks, prior to two (2) years from the date of acceptance of this Resolution; i. To maintain the foregoing im- provements for a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; 324 Regular Sessiom September 19. 1988 j. To provide the foregoing construc- tion and maintenance at the sole expense of the subdivider. Tschigghie Excavating Company or future owner: And further provided that said Tschiggfrie Excavating Company, as owners of said subdivision, secure the performance of the foregoing ¢onditinns by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event the owner shall fci] to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the Resolution. the provisions hereof shall be null'and void and the ac- ceptance of the dedication and approval of the plat shall not be effective. Passed. approved and adopted this 19th day of September. 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 2~.88 We. the undersigned Tschiggfrie Ex- cavating Company, having read the terms and conditions of the Resolution No. 289-88 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque Iowa this 21st day of September. 1988. Tschlgg/rie Excavating Company By s/Edward D. Tscbiggfrie Preaiden~ By s/Joan C. Tschiggfrie Secretary Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann. Kluesner. Pratt. Simon. Voetberg. Nays--None. Absent--Council Member Deich. There being no further business. Coun- cil Member Heckmann moved to adjourn the meeting. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann. Kluesner. Pratt, Simon. Voetberg. Nays--None. Absent--Council Member Deice Meeting adjourned at 11:46 p.m. Mary A. Davis City Clerk Approved 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk Regular Sessio~ CITY COUNCIL OFFICIAL Regular Session, October 3, 1988 Council Met at 7:30 P.M., at the Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Vcetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Lindahi. Absent: Council Member Kluesner. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Mayor Brady. PROCLAMATIONS: October 15, 1988 as "White Cane Safety Day" M6nth of October as "National Quality Control Month" received by Rose Korunkiewiecz, who presented the Coun- cil with a Quality flag. Council Member Simon moved to sus- pend the rules to allow anyone present to address the Council. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. Proof of publication, certified to by the Publisher, on Notice of l~ablic Hearing to rezone property east of Keyway Drive and Keystone Drive from R-1 to I~-3, presented and read. Council Member Simon moved that [he proof of publication be received and filed. Seconded by Council Member Pratt. Vote on the motion was as follows: Yeas-- Council Members Heckmann, Simon. Nays--Mayor Brady, Council Members Dcich, Pratt, Voetberg. Abeent--Council Member Kluesner. Brian Kane, Attorney for HRW Associates requested favorable rezoning. October 3, 1988 325 L0ri Prant~er and Richard Kapparos jected to the rezohing request. An ORDINANCE Amending Zoning Ordinance by reclassifying prdperty located east of Keyway Drive and Keystone Drive from "P~i Single Fami- ly Residential District" to "R-3 Multi- Family Residential District", (first reading only given at meeting of 9-19-88), presented and read. Council Member Simon moved that the rules be waived requiring three separate readings of the Ordinance before final adoption of the Ordinance and final adol~ tion of the Ordinonc~ Seconded by Conn- . cfi Member Pratt. Vote on the motion was as follows: Yeas--Council Members Heckmaun, Simon. Nays~Mayor Brad~ Council Members Dcich, Pratt, V~etbarg Abeent--Council Member Kluesner. Mo- tion Failed. Council Member Simon Moved that this be considered the second rea,ding of the Ordinance. Seconded by Council Member Pratt. Vote on the motion was as follows: Yeas--Council Members Pratt, Simon, Heckmaun. Nays--Mayor Brady,. Council Members Deich, Voetberg. Absent--Council Member Kluesner. MOTION FAILED -- OR- DINANCE NOT ADOPTED. Proof of publlqation, certified to by the Publisberl on Notice of Public Hearing to amend the Conceptual Developntent Plan for the existing PR Planned Residential District from property at northwest corner of Chancy Road and Asbury Read, presented and read. There were no written object~ons received and no oral objectors p~esent at the time of the Hearing. Council Membe~ Simon moved that the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Heckmann, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Member Kluesner. ORDINANCE NO. 43-88' AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE~OF ORDINANCES,