1988 December Council proceedingsRegular Session, December 5, 1988 395
CITY COUNCIL
OFFICIAL
Regular Session, December 5, 1988
Council Met at 7:30 p.m., at the Public
Library Auditorium.
Present--Mayor B~cady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetberg, City Manager
W. Kenneth Gearhart, Corporation
Counsel Barry A. Lindahl.
Mayor Brady read the call and stated
tl~s 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.
Robert Pleiness, Pastor of Bible Baptist
Church.
"Service Acknowledgement Plaques"
were presented to 38 City employees who
had worked for the City 25 years or more
(13 employees who were not able to at-
tend were recognized).
Proof of publication, cectifled to by the
Publisher, on Notice of Public Hearing
to amend Zoning Ordinance allowing
TV/RadioNideo Sales and Service in the
C-1 Neighborhood Conunercial District
(1st reading only given 11/21/88).
presented and read, There were no writ-
ten objections received and no oral objec-
tots present at the time of the Hearing.
Council Member Heckmann moved
that the proof of publication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Pratt, Voetberg.
Nays--Council Members Kluesner
Simon.
Council Member Pratt moved to sus-
pend the tales to allow anyone to address
the Council if they should so desire.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Vcetberg. Nays--None.
An ORDINANCE Revising Appendix
A of the Code of Ordinances. also known
as the "Zoning Ordinance of the City of
Dubuque, Iowa" by enacting a new Sec-
tion 3-3.1B(16) to allow TV/Radio/Video
sales and service with a maximum of
3500 square feet in gross floor area as
permitted use in the C-1 Neighborhood
Commercial District (1st reading only
~ven on 11-21-88), presented and read.
Council Member Heckmann moved
that the reqnirement that a proposed Or-
dlnance 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. Second-
ed by Council Member Pratt. Vote on the
motion was as follows: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Pratt, Vcetberg. Nays--Council
Members Kluesner, Simun. MOTION
FAILED DUE TO LACK OF s/~ VOTE.
ORDINANCE NOT ADOPTED.
Council Member Deich moved that th~s
be considered the second reading only.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Pratt, Simon, Voetberg. Nays--
Council Member Kluesner.
Proof of pnblication, certified to by tbe
Publisher, on Notice of Public Hearing
on the matter of issuance of not to ex-
ceed $1,200,000 Urban Renewal Tox In-
crement Revenue Notes, etc. AND Com-
municatinn of City Manager recommen-
ding approval of Resolution regarding
the sale and issuance of To~x Increment
Revenue Notes for the downtown/hotel
parking complex, presented and read.
Council Member Pratt moved that the
proof of publication and communication
be received and liled. Seconded by Coun-
cil Member Delch. Carried by the fo]low-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt. Simon, Voetberg. Nays--None.
RESOLUTION NO. 329-88
RESOLUTION INSTITUTING PRO-
CEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE ISSUANCE OF
NOT TO EXCEED $1,200,000 URBAN
RENEWAL TAX INCREMENT
396 Regular Sessior December 5, 1988
REVENUE NOTES AND
EXECUTION
OF LOAN AGREEMENTS
RELATING THERETO
WHEREAS, pursuant to notice pub-
lished as required by law, this Councll has
held a public meeting and hearing upon
the proposal to institute proceedings for
the issuance of not to exceed $1,200,000
Urban Renewal Tax Increment Revenue
Notes and execution of loan agreements
relating thereto for the purpose of pay-
ing costs of carrying out of the
Downtown Dubuque Urban Renewal
Project, Iowa R-15, including but not
limited to the acquisition and construc-
tion of a parking facility, skywsik, public
sp~e and laud upon which such im-
provements are to be located, under the
authority of Chapter 403 of the Cede of
Iowa, 1987, and has considered the ex-
tent of objections received from residents
or property owners as to said proposed
issuance of Notes; and, accordingly the
following action is now considered to be
in the best interests of the City and
residents thereof:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CIq~ COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That this Council does
hereby institute proceedings and tskes
additional action for the sale and issuance
in the manner required by law of not to
exceed $1,200,000 Urban Renewal Tox
Increment Revenue Notes and execution
of loan agreements relating thereto for
the foregoing purpose.
Section 2. The Clerk is authorized and
directed to prcceed on behalf of the City
with the sale et said Notes, to select a
date for the sale thereef, to cause to be
prepared s~ch notice and sale information
as may appear appropriate, to publish
and distribute the same on behalf of the
City and this Council and otherwise to
take ell action necessary to permit the
sale of said Notes on a basis favorable to
the City and acceptable to the Council.
Passed, approved and adopted this 5th
day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Communication of Attorney Joseph
Bitter on behalf of "The Cash Com-
pany/Mr. Gremmel' requesting to ad-
dress the Council regarding a rasoalng re~
quest for property located at 3606-36061/2
Crescent Ridge, presented and read.
Council Member Simon moved that the
communication be referred to the City
Manager. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dalch, Heckmaun, Kluesner, Pratt.
Simon, Voetberg. Nays--None.
Comn~udication of Attorney Gary Nor-
by requesting final clarification as to the
acceptance and dedication to the public
for street purposes, a portion of the street
known as Nightengale Lane in front of
Krieg Boys Ice Corp., AND Communica-
tion of Gary Norby relative to the above,
presented and read.
Council Member Simon moved that the
communications be received and filed and
referred to the City Manager. Seconded
by Council Member Voetberg. Carried by
the inllowing vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kinesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitring a Resolution of Necessity Find-
lng for the Urban Renewal Plan and re-
questing to refer plan to the planning and
Zoning Commission for review and com-
ment, presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Counell Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Delch, Heckmann, Kluesner, Pratt,
Simon, Veetherg. Nays--None.
RESOLUTION NO. 330-88
A RESOLUTION OF NECESSITY
Regular Session, December 5, 1988 397
FINDING THAT PHASE THREE
OF THE DUBUQUE INDUSTRIAL
CENTER IS AN ECONOMIC
DEVELOPMENT AREA AND THAT
DEVELOPMENT OF SAID AREA
IS NECESSARY IN THE INTEREST
OF THE RESIDENTS OF THE
CITY OF DUBUQUE, IOWA
WHEREAS, Dubuque In-Future, Inc.
has developed a multi-phased plan for the
westerly expansion of the Dubuque In-
dustrial Canter; and
WHEREAS, the City Council believes
that the incorporation of Phase Three of
the proposed industrial center expansion
project in the Dubuque Industrial Center
Economic Development District will
benefit the City of Dubuque's ongoing
economic development efforts; and
WHEREAS, au Urban Renewal Plan
for the Dubuque Industrial Center
Economic Development District was
adopted by Resolution 130-88 on the 2nd
day of May 1988; and
WHEREAS, the City Manager has
presented an amended urban renewal
plan, hereto attached as EXHIBIT A,
which is preliminary and subject, to
medifications prior to its adoption; and
WHEREAS, Iowa Urban Renewal
Law r ,e~l. uires that before urban renewal
powers may be exerclsed, a City Council
must adopt a resolution finding that the
area in question is a slum area, a blighted
area or an economic development area,
and designating such area as appropriate
for ubran renewal activities; and
WHEREAS, the City of Dubuque is
required by the Iowa Urban Renewal
Law to provide the Planning and Zoning
Commission with an opportunity to
review and comn~ent upon the amended
ubran renewal plan.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the following described
area, to be known as "Phase Three of the
Dubuque Industrial Center" and includ-
ed in the amended urban renewal plan,
is au economic development area within
the definition of Chapter 403 of the Iowa
Code and is appropriate for an urban
renewal project; to wit:
The Nor~hwast One Quarter of the
Southwest One Quarter of Section
29, Township 89 North, Range 2
East, and; Lot 1 of Lot 1 of the
Southwest One Quarter of the
Southwest One Quarter North of
the North Right-of-Way Line of
the Ice Railroad of the North One
Quarter of the Southwest One
Quarter of Section 29, Township
89 North, Range 2 East, all in the
City of Dubuque, Iowa.
Section 2. That the development of said
area for non-residential uses is necessary
in the interest of the public health, safe-
ty, or welfare of the residents of the City
of Dubuque, Iowa.
Section 3. That the Planding and Zen-
ing Commission of the City of Dubuque
is hereby requested to review an amend-
merit to the "Dubuque Industrial Center
Economic Development District" Urban
Renewal Plan, attached hereto as EX-
HIBIT A, and to make written recom~
mendatlons as to its conformity with the
general plan for the development of the
City of Dubuque.
Passed, approved and adopted this 5th
day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann. Carried by
the fonowing vote: Ysus--Mayor Brady,
Council Members Deich, Heckmann,
Kluasner, Pratt, Simon, Voetberg.
Nays--None.
Couuell Member Deich moved that
they reconsider action just taken.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Vcetberg. Nays--None.
Council Member Simon moved that the
communication be received and filed and
398 Regular Session December 5, 1988
adopt the Resolution, Seconded by Coun-
cil Member Heckmann. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmann,
Kluesner, Pratt, Voetberg. Nays--
Council Member Simon.
Communicatio~ of City Manager sub-
mitring an amendment to the Ordinance
providing for the establishment of a Tax
Increment Financing District within the
Dubuque Industrial Center, presented
and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
ORDINANCE NO. 63-88
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, AMENDING O1%
DINANCE NO. 26-88 TO CLARIFY
THE APPLICATION OF ORDI-
NANCE NO. 26-88 IN REGARD TO
THE COLLECTION OF TAXES FOR
THE PAYMENT OF THE DEBT OF
TAXING DISTRICT, presented and
read.
Council Member Pratt moved that this
be considered the first reading of the Or-
dinance, 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
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dalch, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 63-88
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, AMENDING OR-
DINANCE NO. 26-88 TO CLARIFY
THE APPLICATION OF ORDI-
NANCE NO. 26-88 IN REGARD TO
THE COLLECTION OF TAXES FOR
THE PAYMENT OF THE DEBT OF
TAXING DISTRICTS.
WHEREAS, the City Council of the
City of Dubuque, Iowa, duly adopted Or-
tlnance No. 26-88 on the 2nd day of May,
1988; and
WHEREAS, the bond counsel for tbe
City of Dubuque has subsequently
recommended that said Ordinance be
amended to clarify the application of said
Ordinance in regard to the collection of
to.xes for the payment of the debt of tax-
lng districts; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, desires to amend
said Ordinance in accordance with the ad-
vice of its counsel.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 26-88 of
the City of Dubuque, Iowa, be and it is
hereby amended by deleting Section 3
thereof and adopting a new Section 3 in
lieu thereof as follows:
"Section 3. That portion of the
taxes each year in excess of the
base period taxes determined as
provided in Section 2 of this Or-
dinance shall be allocated to mad
when collected be paid into a
special fund to be hereafter
established by Resolution of the
City of Dubuque, Iowa, to pay the
principal of and interest on loans,
monies advanced to, indebtedness,
whether funded, refunded, as-
sumed or otherwise, including
bonds issued under the authority
of Section 403.9 of the 1987 Code
of Iowa, and the Section 403.12 of
the 1987 Cede of Iowa, which may
be incurred by the City of Du-
buque, Iowa, to finance or refi-
nance in whole or in par~ approved
development projects within the
Urban Renewal/Economic Devel-
opment District except that taxes
for the payment of bonds and in-
terest of each taxing district shall
be collected against all taxable
property within Urban Renewal/
Economic Development District
without any limitation as herein-
above provided."
Section 2. That this Ordinance shall be
Regular Session
in effect after its final passage, approval
and publication as provided by law.
Passed, approved and adopted this 5th
day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
December, 1988.
Mary A. Davis
City Clerk
It 12/12
Council Member Pratt moved that this
be considered the first reading of the Or-
dinance, 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
Ordinonce. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Khiesner, Pratt,
Simon, Voetherg. Nays--None.
Communication of City Manager re-
questing to remove from the table the
matter regarding the acquisition of pro-
petty on ~Arlington St. and submitting
additional information regarding the sub-
ject, presented and read,
Council Member Dalch moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich,
Khiesner, Pratt, Simon, Voetherg.
Nays--Council Member Heckmmm.
RESOLUTION NO. 331-88
A RESOLUTION APPROVING THE
ACQUISITION OF REAL ESTATE
ON ARLINGTON STREET, IN THE
CITY OF DUBUQUE
WHEREAS, the City of Dubuque has
a secured interest in the property at
623-627 Arlington Street; and
WHEREAS, to insure such interest it
is necessary to purchase the property;
December 5, 1988 399
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
hereby approves the acquisition of the
following legally-described property:
Lot One (1) and Lot Two (2) of Lot
801, McDaniel's Subdivision of
Town Lots, in the City of Du-
buque, Dubuque County, Iowa,
according to the recorded plat
thereof.
At the cost of nineteen thousand six hun-
dred dollars ($19,600.)
Section 2. That the City of Dubuque
be and is hereby authorized and directed
to accept a Quit Claim Deed from the
owner, conveying the owner's interest to
the City of Dubuque, Iowa for the herein
above described real estate.
Section 3. That the City Clerk be and
she is hereby authorized and directed to
cause said Quit Claim Deed to be recoed-
ed in the office of the Dubuque County
Recorder, together with certified copy of
this Resolution.
Section 4. That the City Clerk be and
she is hereby directed to forward a cer-
tified copy of this Resolution to the Du-
buque County Assessor and the Du-
buque County Auditor.
Passed, approved and adopted this 5th
day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member moved adoption of the
Resolution. Seconded by Coundfl Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Kinesner, Pratt, Simon, Voetberg.
Nays--Council Member Heckmann.
AN ORDINANCE Amending the
Code of Ordinances by amending por-
tions of Chapter 21 defining "Familial
Status", relating to aiding and abetting;
relating to exemption from accommoda-
tions or services protection and discounts
4OO
based on age; relating to prohibited hone,
ing practices; relating to prohibited
employment practices; relating to AIDS
testing in employment; and relating to
prohibited education practices (1st
reading given on 11~20~88), presented and
Council Member Voetberg moved that
this be considered the second reading of
the Ordinance. Seconded by Council
Member Shnan. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Dcich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Communication of Corporation Court-
sal recommending Council authorize
Public Works Director to execute
documents pertaining to barge fleeting,
presented and read.
Council Member Pratt moved to
receive and file the communication;
authorize Public Works Director to ex-
eante documents; approve invoice for
payment from Fish and Wildlife; approve
lease with currant leasur as under opera-
tlon with current lease with charges to
be included in all costs incurred by adi
ministration. Seconded by Mayor Brady.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Heckmann, Pratt. Nays--Council
Members Kluesner, Simon, Voetberg.
Communication of Dept. of Army
Corps of Engineers, to the City Public
Works Director Prank Murray, advising
of violation by au anchor barge moo. red
on the Mississippi River at approx, river
mile 578.4 IleE bank), presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Mayor Brady. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Pratt. Nays--Council Members Klnssnsr,
Simon, Voetherg.
Communication of City Manager re-
questing approval to expend 516,619.00
for the removal of asbestos at Eagle
Point park Water plant, presented and
Council Member Simon moved tha~ the
communication be received and filed and
expenditure apprdyed. Seconded by
Session, December 5, 1988 ~
Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Khieaner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 332-88
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.
David Lyons
River City Tap & Grill 1466 Pine St.
B & M Convenient Mart
Oky Doky/fl
3301 Pennsylvania Ave.
Passed, approved and adopted this 5th
day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resalution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kinesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 333-88
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the san~e
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bond;
NOW, THEREFORE, BE IT
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
autharized to cause to be issued to the
following named applicants a Beer
Permit.
401
CLASS "B" BEER pERMIT
United Automobile Workers, Local #94
3450 Central Ave.
(Also Sunday Sales)
Passed, approved and adopted this 5th
day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Dcich moved adop.
tion of the Resolution. Seconded by
Council Member Heckmann. Carried by
the following vote: yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluasner, pratt, Simon, Voetharg.
Nays--None.
REsoLUTION NO. 334.86
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
cupled by such applicants were inspected
and found to comply with the State Law
and ali City Ordinances relevant thereto
and they have filed proper bonds;
NOW, THEREFORE, BE IT RE-
soLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named appllcaut(s) a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Benevnient & ProteC41ve
Order of Elks 9297
2699 J.F.K
Billy Bucks, Inc.
521 E. 22nil St.
(Also Sunday Sales)
Angelina Bertollni 1298 Main St.
Mario's
(Also Sunday Sales)
New French Cafe, Inc.
255 W. 6th St.
passed, approved and adopted this 5th
day of December, 1988.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Deizh moved adop-
tion of the Resulution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dcich, Heckmann,
Kluesnar, Pratt, Simon, Voetherg.
Nays--None.
printed Council Minutes for the month
of May, 1988, for Council approval,
presented and read.
Council Member Vcetberg moved that
the minutes be approved as printed.
Seconded by Council Member Deich. Car-
ded by the following vote: Yeas--Mayor
Brady, Council Members Deich,
Heckmann, Khiesnsr, Pratt, Simon,
Vcetherg' Nays--Nons.
MINUTES SUBMITTED: Cable TV
Ragulatary Commission of 11-9; Fire
Retirement Ed. of 11-21; Housing Code
Review Committee of 11-15; Mechanical
Bd. of 9-27; park and Recreation Com-
mission of 11-8; Police Retirement Ed. of
11-21; Public Library Bd. of 11-15,
presented and read.
Councll Member V~etberg moved that
the minutes be received and filed. Second-
ed by Council Member Deich. Carried by
the following vote: Yeas--Mayar Brady,
Council Members Deizh, Heckmann,
Klueanar, Pratt, Simon, Voetharg.
Nays--Nons.
NOTICE OF CLAIMSISUITS: Carl
Burbach in amt. of $L614.55 before
Small Claims Court, for failure of City to
inspect a proposed sanitary
park
· No. 4; Terry Hahn in estimated
amount of $176 for vehicle damages;
James Klauer in amt. of $265.90 for pro-
perty damages, presented and read.
Council Member Vcetberg moved that
the claims be referred to the Legal Staff
for hivestigation and report. Seconded by
CounCll Member Delch. Carried by the
402 Regular Session December 5, 1988
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communicatinn of Corporation Coun-
eel recommending payment of automo-
bile damage claim bf Bernard Fox in amt.
of $117.38; Recommending settlement of
personal injury and property damage
claim of Deborah Graf in the amt. of
$3600; Recommending payment of paint
damage to clothing claim of Karen Hurt
in the amount of $40, presented and read.
Council Member Voetharg moved that
the communication be received and fried
and approved settlements with Finance
Director to issue the proper checks.
Seconded by Council Member Delch. Car~
tied by the inllowing vote: Yeas--Mayor
Brady, Council Members Delch, Heck-
mann, Kluesner, Pratt, Simon, Vcetberg.
Nays--None.
Communication of Corporation Coun-
eel recommending den~el/elosure of the
foilowing claims: trailer damage of Dr.
Hemphill; auto damages of Robert Ken-
dali; Personal injury of Evelyn Scherrer;
porch damage of Leta Siege, presented
and read.
Council Member Voetberg moved that
the communication be received and filed
and denial approved. Seconded by Coun-
cil Member Deich. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Dalch, Heckmaun, Kineaner,
Pratt, Simon, Voetharg. Nays--None.
Petition of Lyle Whalen d/b/a Island
Princess Cruises, requesting approval to
proceed with plans to develop land at
2400 Kerper Blvd., presented and read.
Council Member Voetberg moved that
the petition be referred to the Planning
and Zoning Commission. Seconded by
Council Member Delch. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Heckmann
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mltting Resolution for release of funds
for certain Community Development
Block Grant Projects, presented and
Council Member Vcetherg moved that
he communication be received and filed.
Seconded by Council Member Dsich. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deiah, Heck-
mann, Kinesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 335-88
A RESOLUTION AUTHORIZING
SUBMISSION OF A REQUEST
FOR A RELEASE OF FUNDS FOR
CERTAIN COMMUNITY DEVELOP-
MENT BLOCK GRANT PROJECTS.
WHEREAS, the City of Dubuque con-
vened an ad hoc committee on June 23,
1976 which completed an Environmen-
;al Assessment of the following projects
to be funded in the Community Develop-
ment Block Grant; and
Residential Rehabilitation Loan
Program;
Operation Paintbrush (free ex-
terior paint);
Tool Lending Library sponsored
by Washington Tcol Library, Inc.,
a non-profit corporation;
Property Acquisitinn/Reloca-
tlon/Demoiltinn Projects; and
WHEREAS, pursuant to Resolution
No. 240-76 adopted July 6, 1976, Public
Notice of a "Finding of No Significant
Effect on the Environment" for the
above projects was published July 7,
1976 in the Dubuque Telegraph Herald,
and provided for a public comment period
until 12:00 Noon, Friday, July 30, 1976,
and notice of opportunity to review the
~roject was published on November 23,
1988 in the Dubuque Telegraph Herald
and provided for a public comment period
until 12:00 Noon, December 9, 1988; and
WHEREAS, the City of Dubuque con-
vened an ad hoc committee on June 15,
1982 which completed au Environment
Assessment of the following project to
be funded in the Community Develop-
ment Block Grant; and
Housing Code Enforcement; and
WHEREAS, pursuant to Resolution
No. 210-78 adopted June 19, 1978, Public
Regular Session, December 5, 1988
403
Notice of a "Finding of No Significant El-
fect on the Environment" for the project
above was published June 20, 1978, in
the Dubuque Telegraph Herald and pro-
vided for a pubilc comment period until
12:00 Noon, Friday. July 7, 1976, and
notice of opportunity to review the pro-
ject was published on November 23, 1988
in the Dubuque Telegraph Herald and
provided for a public comment petled un-
tll 12:00 Noon, December 9, 1988; and
WHEREAS, the City of Dubuque con-
vened au ad hoc committee on July 30,
1982 which completed an Environmen-
tai Assessment of tbe fullowing project
to be funded in the Community Develop-
ment Block Grant; and
Commercial/Industrial Loan Par-
~icipasion; and
WHEREAS, pursuant to Resolution
No. 169-82 adopted August 2, 1982,
Public Notice of a "Finding of No Signifi-
cant Effect on the Environment" for the
project above was published June 21,
1982, in the Dubuque Telegraph Herald
and provided for a public comment period
until tlxe project was published on No-
vember 23, 1988 in the Dubuque Tale-
graph Herald and provided for a public
comment period until 12:00 Noon,
December 9, 1988; and
WHEREAS, the City of Dubuque con-
vened an ad hoc committee on July 30,
1982 which completed an Environmen*
tal Assessment of the fellowing project
to be funded in the Community Develop-
ment Block Grant; and
Economic Development Acti-
vities; and
WHEREAS, pursuant to Resolution
No. 203-82 adopted August 2, 1982,
Public Notice of a "Finding of No Signifi-
cant Effect on the Environment" for the
project above was published August 4,
1982, in the Dubuque Telegraph Herald
and provided for a public comment period
until the project was pubfished on No-
vember 23, 1988 in the Dubuque Tele~
graph Herald and provided for a public
comment period until 12:00 Noon,
December 9, 1988; and
WHEREAS, Public Notice of a "Find-
lng of No Significant Effect on the En-
vironment'' for the projects was sent by
regular mail to various federal, state and
local public agencies and to the local news
media, individuals and groups known to
be interested and believed to be appro-
priate to receive such a Public Notice;
and
WHEREAS, any and all objections.
if any, to such proposals have been duly
considered; and
WHEREAS, it is the intent of the City
Council to authorize the subwlssion of a
request to the U.S. Department of Hous-
ing and Urban Development for the
release of funds to carry out the above-
identified projects.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Environmental
Review Record for each of the projects
shell continue to remain on file in the Of-
fice of the City Clerk where said record
may be examined and copied by any in-
terested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment seven (7) days after publication of
appropriate notice a request for release
of funds to undertake the said projects.
Section 3, That the Mayor of the City
of Dubuque is hereby authorized to con-
sent to assume the status of a responsi-
ble federal official under the National En-
vlronmental Protection Act, insofar as
the provisions of the said Act apply to
tha U.S. Department of Housing and Ur-
ban Development responsibilities for
review, decision-making, and action
assumed and carried out by the City of
Dubuque as to environmental issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent personally, in his official capacity
and on behalf of the City of Dubuque, to
accept the jurisdiction of the Federai
Courts if an action is brought to enforce
responsibilities in relation to environmen-
tal reviews, decision-making and action.
Section 5. That the Mayor of the City
of Dubuque be and he is harsi)y author-
ized and directed to execute a certifi-
404 Regular Sessior December 5, 1988
cation pertaining to the Environmental
Review Procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed to
publish a public notice for a Request Ior
Release of Funds and Certification at-
tached hereto and made a part hereof.
Passed, approved and adopted this 5th
day of Deeember, 1988.
James E. Brady
Mayor
ATTEST:
M~ry A. Davis
City Clerk
Council Member Voetherg moved
adoption of the Resolution. Seconded by
Council Member Deice Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of Father Nell Tobin
submitting comments regarding "Report
to the Human Rights Conunissfun" from
the Task Force on Sexual Orientation,
presented and read.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Deice Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
manr~ Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager
recommending acceptance of the con-
structlon contract for the concrete pave-
ment repairs to Kerper Blvd. (U.S. 61 and
151) between East 16th St. and Pine Sts.,
presented and read.
Council Member Voetherg moved that
the communication be received and filed.
Seconded by Council Member DeicE Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kfuesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 336.88
ACCEPTING IMPROVEMENT
WHEREAS. tbe co~ra~ for tbe
Kerper Boulevard IU.S. #61 and 151)
from E. 16th Street to Pine Street, Fdil
Depth P.C. Concrete Patching Project
has been completed and the City Man-
ager has exmxfined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT BE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the recommen-
dation of the City Manager be approved
and that said improvement be and the
same is hereby accepted.
BE iT FURTHER RESOLVED that
the Cit~y Treasurer be and he is hereby
directed to pay to the contractor i~om the
street construction fund in amount equal
to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 5th
day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
-Council Members Delch, Heekmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 337.88
FINAL ESTIMATE
WHEREAS, the contract for the
Kerper Boulevard (U.S. #61 and 151)
from E. 16th Street to Pine Street, Full
Depth P.C. Concrete Patching Project
has been completed and the City Engi-
neer has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices and inspection
and all miscellaneous costs;
NOW, THEREFORE~ BE IT RE-
SOLVED, BY THE~ CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said im-
provement is hereby determined to be
$35,550.13 and that said amount shell be
Regular Session
paid from the street construction fund of
the City of Dubuque, Iowa.
Passed, approved and adopted this 5th
day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Deice Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitting the recommended Street Con-
struction Program for the next five years,
presented and read.
Council Member Voetherg moved that
the communication be received and filed.
Seconded by Council Member Dcich. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Heck-
mann, Kluesner, Pratt, Simon, Veetberg.
Nays--None.
RESOLUTION NO, 338-88
RESOLUTION APPROVING A
TENTATIVE FIVE YEAR STREET
CONSTRUCTION PROGRAM AND
SUBMITTING SAME TO THE
IOWA DEPARTMENT OF
TRANSPORTATION
WHEREAS, there has been prepared
a tentative street construction program
for fiscel year 1989 through 1993; and
WHEREAS, said construction pro-
gram must be filed with the Iowa Dopar t-
ment of Transportation by December 1,
I988 for the purpose of ellocating Road
Use Tax Funds to municipalities; and
WHEREAS, this Council has review-
ed the tentative street construction pro-
gram as submitted.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
December 5, 1988 405
Section 1. That the Tentative Five
Year Street Construction Program for
fiscal years 1989 throngh 1993 be and the
same is hereby approved, and the Mayor
is hereby authorized and directed to sign
this Resolution.
Section 2. That the City Manager is
hereby authorized and directed to for-
ward the required documents relating to
the Five Year Street Construction Pro-
gran~ to the Iowa Department of Trans-
portatfun.
Passed, approved and adopted this 5th
day of December. 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member DeicE Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Refunds Requested: Soupy's in the
amt. of $422.50 for unexpired Liquor
Licenses, presented and read.
Council Member Voetberg moved that
the refunds be approved and Finance
Director to issue the proper checks.
Seconded by Council Member DeicE Car-
ried by the fo~owing vote: Yeas--Mayor
Brady. Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Steve Norman, Executive President oI
Chamber of Commerce, spoke to the
Council.
There befug no further business, Coun-
cil Member Heckmann moved to adjourn
the meeting. Seconded by Council Mem-
ber Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Heckmalm, Kfuesner, Pratt,
Simon, Voetberg. Nays--None.
Meeting adjourned at 9:44 p.m.
Mary A. Davis
City Clerk
406
Approved __
Adopted
Regular Session_
_1989
1989
Mayor
Council Members
ATTEST:
City Clerk
December 5. 1988
Regular Session,
CITY COUNCIL
OFFICIAL
Regular Session, December 19, 1988.
Council Met at 7:30 p.m., Public
Library Auditorium.
Present--Mayor Brady, Council Mem-
bers Deich, Heckmann, Khiesner, Pratt,
Simon, Voetberg, City Manager W. Ken-
neth Gearhart, Corporation Counsel
Barry A. LiffdahI.
Mayor Brady read the call and stated
this is the REGULAR 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. Robert
Williams, Executive Director of the
Dubuque Rescue Mission.
Communication of Robert Wild, Chal~
man of Sister City Committee, advising
of a request that Dubuque be a sister
city to PyalJgorsk, USSR, presented and
read.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner. Pratt, Simon, Voetberg.
Nays--Nong
RESOLUTION NO. 339-88
RESOLUTION SUPPORTING THE
SISTER-CITY RELATIONSHIP
BETWEEN THE CITY OF
DUBUQUE, IOWA, USA, AND THE
CITY OF PYATIGORSK, DISTRICT
OF STAVROPOL, USSR
WHEREAS, the City of Dubuque is
desirous of establishing a state of friend-
ship with the City of Pyatigorsk in order
to enhance goodwili, cultural exchanges,
economic devalopment and trade; and
WHEREAS, in so doing a mutual
trast would develop permitting the prin-
ciples of peace, democracy, and social
progress to flourish; and
WHEREAS, a further goal of this
December 19, 1988
407
relationship would be for the City of
Dubuque and the City of Pyatlgorsk to
learn more about each other and to
develop lasting and meaningful ex-
changes; and
WHEREAS, this relationship would
further result in cooperation between the
two cities in various fields including
agriculture, industry, commerce, educa-
tion, and tourism; and
WHEREAS, through proposed youth
exchanges it is anticipated that closer
ties will be built among young people by
involving more future leaders from the
United States and abroad at an early and
important stage in their lives; and
WHEREAS, a committee of volun-
teers has been named who are willing to
commit their time, talent and resources
to devalop and implement projects which
will be mutually beneficial to both
communities.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor and the
City Council of the City of Dubuque are
supportive of the SistepCity relationship
between the City of Dubuque, Iowa,
USA, and the City of Pyatigursk, Dis-
trict of Stavropal, USSR.
Section 2. That the City Clerk is
hereby authorized and directed to send
a certified copy of tiffs resolution to
Vasily Darshin, Mayor of Pyatigorsk.
Passed, approved and adopted this
19th day of December, 1988.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of TCI Cablevision
submitting proposed Agreement with
408 Regular Session,
December 19, 1988
the City regarding effective competition,
AND Communication of City Manager
submitting comments pertaining to pro-
posal from TCI, presented and read.
Council Member Kluesner moved that
the communications be received and
filed and adopted the Agreement as
presented/proposed. Seconded by Court-
ell Member Pratt. Carried by the follow-
ing vote: Yeas--Council Members Delch,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--Non~ Abstain--Mayor
Brady.
Communication of City Manager re-
commending acceptance of area known
as the "Extension of Nightengale Lane"
as public right-of-way, as offered by
Krieg Boys Ice Corp. and further recom-
mending that the City begin providing
snow plowing and salting services to this
portion of tim roadway, presented and
read.
Council Member Kluesner moved that
the communication be received and filed
and approved recommendations to ac-
cept as right-of-way. Seconded by Coun-
cil Member Simon. Carried by the follow-
ing votes: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Communication of City Manager sub-
mitting proposed permit Agreement
with Dubuque Barge and Fleeting Ser-
vice, and if acceptable, request authoriza-
tion and direction that the Mayor exe-
cute this permit agreement for the City
of Dubuque, AND Communication of
Public Works Director making a coffee-
tion on information submitted, pre-
sented and read.
Council Member Pratt moved that the
communications be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--Mayor Brady.
Bob Hudson and Gary New~ addressed
the Council.
A resolution approving terms and con-
ditions of permit between the City and
Dubuque Barge and Fleeting Service Ca
and directing the Mayor to execute on
behalf of the City, presented and read.
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann. Vote on the
motion was as follows: Yeas--Mayor
Brady, Council Members Heckmann.
Nays- Council Members Deich, Klues-
ncr, Pratt, Simon, Voetberg. Motion
Failed.
Council Member Pratt moved to recon-
sider the action just taken regarding
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Pratt, Voetberg. Nays--Council Member
Kluesner, Simon.
Council Member Voetberg moved to
table any action at this time regarding
a Permit between the City and the Du-
buque Barge and Fleeting Service Com-
pony, that it be tabled for thirty days,
to be brought back at the Council
Meeting to be held on February 6, 1989.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Council Members Deich, Heckmann,
Kfueaner, Pratt, Simon, Voetberg.
Nays--Mayor Brady.
Council recessed at 10:02 p.m.
Council reconvened at 10:17 p.m.
Communication of City Manager
responding to rezonlng request submit-
ted by Mr. Gremmel and his family and
their business known as The Cash Com-
pany (referred from meeting of 12-5-88),
presented and read.
Council Member Pratt moved that
this item be removed from the table.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetherg. Nays--None.
Council Member Pratt moved that the
conununication be received and filed and
that a Public Hearing be set for January
16th for LI zoning with restrictlors (con-
ditions). Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Regular Session, December 19, 1988
Attorney Joe Bitter on behalf of
Gremmel and Mr. Gremmel himself re-
quested rezoning approval. Commumca-
tion of City Manager responding to peti-
tion of Richard J. and Alice R. Kelly to
vacate part of Farragnt St. and recom-
mending denial of said petition, pre-
santed and read.
Richard Kelly requested they overrule
the Mgr;s recommendation and grant his
request.
Council Member Kluesner moved that
the communication be received and filed
and Manager's recommendations ap-
proved. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Canned Members Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--Mayor Brady, Council Member
Deich.
ORDINANCE NO. 64-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY
AMENDING PORTION OF
CHAPTER 21, HUMAN RELATIONS,
BY DEFINING "FAMILIAL
STATUS"; RELATING TO AIDING
AND ABETTING: RELATING TO
DISCOUNTS BASED UPON AGE;
RELATING TO pROHIBITED
HOUSING PRACTICES; RELATING
TO AIDS TESTING IN EMPLOY'
MENT AND RELATING TO PRO-
HIBITED EDUCATION PRACTICES,
(first reading given on 11-21, second
reading given on 12-5) presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 64.88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, CHAPTER 21,
HUMAN RELATIONS, BY ADOP-
TING IN SECTION 21-1 AN UN-
NUMBERED SUBSECTION DEFIN-
ING "FAMILIAL STATUS"; AMEN-
DING SECTION 21-39 BY REPEAL-
ING PARAGRAPH (2) RELATING TO
AIDING AND ABETTING AND
ADOPTING IN LIEU THEREOF A
NEW PARAGRAPH RELATING TO
AIDING AND ABETTING; AMEN-
DING SECTION 21-49 RELATING TO
EXEMPTIONS FROM ACCOMMO-
409
OR SERVICES pROTEC-
TION BY ADOPTING A NEW
PARAGRAPH 4 RELATING TO DIS-
COUNTS BASED UPON AGE;
AMENDING SECTION 21-64 BY
REPEALING SECTION 21-64 RE-
LATING TO pROHIBITED HOUS-
ING PRACTICES AND ADOPTING
IN LIEU THEREOF A NEW SEC-
TION 21-64 RELATING TO PRO-
HIBITED HOUSING PRACTICES;
BY AMENDING SECTION 21-56
RELATING TO PROHIBITED EM-
PLOYMENT PRACTICES BY ADOP-
TING A NEW PARAGRAPH 4
RELATING TO AIDS TESTING IN
EMPLOYMEN~ AMENDING SEC-
TION 21-71 RELATING TO PRO-
HIBITED EDUCATION PRACTICES
BY REPEALING SECTION 21-71
AND ADOPTING IN LIEU THERE-
OF A NEW SECTION 21-71 RE-
TO PROHIBITED EDUCA-
TION PRACTICES.
NOW, THEREFORE, BE IT OR-
JNED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section h Section 21-1 of the Code of
Ordinances, City of Dubuque, Iowa, is
amended by adopting the following un-
numbered paragraph:
"Familial Status" means one or
more individuals (who have not
attained the age of 18 years) be-
ing domiciled with:
(1} a parent or another person hay-
lng legal custody of such indivi-
dual or individuals; or
(2) the designee of such parent or
other person having such custody,
with the written permission of
such parent or other person.
Section 2. Section 21-39 (2) of the Code
of Ordinances, City of Dubuque, Iowa,
is hereby repealed.
Section 3. The following new section
21-39(2) is hereby adopted:
(2) Any person to discriminate
against another person in any of
the rights protected against dis-
crimination on the basis of race,
creed, color, sex, national origin,
410
Regular Session, December 19, 1988
familial status, religion, age, dis-
ability or marital status by this
article because such person has
lawfully opposed any practice for-
bidden under this article, obeys
the provisions of this article, or
has filed a complaint, testified or
assisted in any proceeding under
this chapter.
Section 4. Section 21-49 of the Code of
Ordinances, City of Dubuque, Iowa, is
amended by adopting the following sub-
paragraph (3):
(3) Discounts for services or ac-
commodations based upon age.
Section 5. Section 21-56 of the Cede of
Ordinances, City of Dubuque, Iowa, is
amended by adopting the following sub-
paragraph 4:
Person to solicit or require as a
condition of employment of any
employee or prospective employee
a test for the presence of the an-
tibody to the human immunadefi-
aiency virus or to affect the terms,
conditions, or privileges of em-
ployment or terminate the em-
ployment of any employee solely
as a result of the employee obtain-
ing a test for the presence of the
antibody to the human immune-
deficiency virus. An agreement
between an employer, employ-
ment agency, labor organization,
or their employees, agents, or
members and an employee or pro-
spective employee concerning
employment, pay, or benefits to
an employee or prospective em-
ployee in return for taking a test
for the presence of the antibody
to the human immunodeficienoy
virus, is prohibited. The prohibi-
tions of this paragraph do not
apply if the state epidemialogist
determines and the director of
public health declares through the
utilization of guidelines establish-
ed by the center for disease con-
trol of the United States depart-
ment of health and human ser-
vices~ that a person with a condi-
tion related to acquired immune
deficiency syndrome poses a sig-
nificant risk of transmission of
the human immunodeficiency
virus to other persons in a specific
occupation.
Section 6. Section 21-64 of the Code of
Ordinances, City of Dubuque, Iowa, is
hereby repealed.
Section 7. The following new Section
21-64 is hereby adopted:
Sec. 21-64. Prohibited practices.
It shall be an unfair or discrim-
inatory practice for any owner, or
person acting for an owner, of
rights to housing or real proper-
ty, with or without compensation,
including, but not limited t(~ per-
sons, licensed as real estate bro-
kers or salespersons, attorneys,
auctioneers, agents or represen-
[atives by power of attorney or ap-
pointment, or any person acting
under court order, deed of trust,
or will:
(1) To refuse to sell, rent, lease,
assign, or sublease any real pro-
perty or housing accommodation
or part, portion or interest there-
in, to any person because of the
race, colm; familial status, creed,
sex, age, religion, disability, or
tional origin of such person.
(2) To discriminate against any
person because of that person's
race, color, familial status, creed,
sex, age, religion, national origin,
or disability in the terms, condi-
tions or privileges of the sale, ren-
tal, lease assignment or sublease
of any real property or housing ac-
commadation or any part, portion
of interest therein.
(3) To directly or indirectly adver-
rise, or in any other manner im
dicate or publicize that the pur-
chase~ rental, lease assignment, or
sublease of any real property or
housing accommodation of any
part, portion or interest therein,
by persons of any particular race,
color, familial status, creed, sex,
age, religion, national origin, or
disability is unwelcome, objec-
tionable, not acceptable or not
solicited.
Regular Session, December 19, 1988
411
(4) To discriminate against the
lessee or purchaser of any real pro-
perty or housing accommodation
or part, portion or interest of the
real property or housing accom-
madation, or against any prospec-
tive lessee or purchaser of the pta-
perry or accommodation, because
of the race, color, familial status,
creed, religion, sex, disability, age
or national origin of persons who
may from time to time be present
in or on the lessee's or owner's
premises for lawful purposes at
the invitation of the lessee or
owner as friends, guests, visitors,
relatives or in any similar ca-
pacity.
Section 8. Section 21-71 of the Code of
Ordinances, City of Dubuque, Iowa, is
hereby repealed.
Section 9. The following new Section
21-71 is hereby adopted:
It is an unfair or discriminatory
practice for any educational in-
stitution to discriminate on the
basis of race, creed, color, sex, na-
tional origin, religion, or disabili-
ty in any program or activity.
Such discriminatory practices
shall include but not be limited to
the following practices:
1. Exclusion of a person or per-
sons from participation in, denial
of the benefits of, or subject to
discrimination in any academic,
extracurricular, research, occupa-
tional training, or other program
or activity except athletic pro-
grams;
2. Denial of comparable oppor-
tunity in intramural and inter-
scholastic athletic programs;
3. Discrimination among persons
in employment and the conditions
of employment;
4. On the basis of sex, the applica-
tlon of any nde concerning the ac-
tual or potential parental, family
or marital status of a person, or
the exclusion of any person from
any program or activity or em-
ployment because of pregnancy or
related conditions dependent
upon the physician's diagnosis
and certification.
For the purpose of this section
"educational institution" includes
any preschool, elementary, secon-
' dary, or merged area school,
area education agency, or post-
secondary college or university
and their governing boards. This
section does not prohibit an
educational institution from
maintaining separate toilet
facilities, locker rooms or living
facilities for the different sexes so
long as comparable facilities are
provided. Nothing in this section
shall be construed as prohibiting
any bona fide religious institution
from imposing qualifications bas-
ed on religion when such quail-
fications are related to a bona fide
religious purpose or any institu-
tion from admitting students of
Section 10. Sections 1, 2, 6 and 7 shall
take effect on March 12, 1989. The re-
maining Sections of this Ordinance shall
be in full force and effect immediately
upon its final adoption and publication
as provided by law.
Passed, approved and adopted this
19th day of December, 1988.
James E. Brady
Mayor
ATTESm
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
December, 1988.
Mary A. Davis
City Clerk
It 12/27
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, I~eckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Petition of John Vfuer, MD, requesting
to address the Council to present the
Dubuque Regional AIDS Coalition
412 Regular Session
position on mandatory AIDS testing,
presented and read.
Dr. John Viner stated he opposed man-
datory AIDS testing.
Council Member Voetberg moved that
the petition be. received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kinesner, Pratt, Simon,
Voetberg. Nays--None.
Petition of Sandra Kirkbride re-
questing to address the Council with op-
posing concerns relating to the proposed
Ordinance that would "prohibit" AIDS
testing of employees of prospective
employees, presented and read.
Sandra Kirkbride stated she opposed
the Ordinance as presented.
Council Member Vcotherg moved that
the petition be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dalch,
Heckmann, Kluesner, Pratt, Simon,
Vostberg. Nays--None.
Communication of Rosi Scbeen advis-
lng of being in favor of AIDS testing for
all employees, presented and read.
Council Member Vcetberg moved that
the communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich,
Heckmann, Kluesner, Pratt, Simon,
Vcetherg. Nays--None.
Petition of Stacie Neldanghter and
Ginny Lynns requesting to address the
Council regarding the AIDS testing
issue in proposed Ordinance, presented
and read.
Stecie Neldanghter stated she was
against AIDS testing and Ginny Lynns
stated she was in favor of the testing.
Council Member Vcotberg moved that
the petition be received and flied.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Vcotherg. Nays--None.
December 19, 1988 ~.
Petition of Lois Pusater~ objecting to
passage of AIDS portion of Ordinance
as presented, presented and read.
Council Member Voetberg moved that
the petition be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Vcotberg. Nays--Nane.
Petition of A. L. Weitz objecting to
passage of ordinance regarding AIDS,
presented and read.
Council Member Vcetberg moved that
the petition be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dalch,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None
Shawton Stohlmeyer, Gory Gilford
and Carl Meyer all spoke to the above
issue.
Communication of Kenneth Hindman
on behalf of tho Hurean Eights Commis-
sion, requesting a joint Work Session
with Council concerning the amend-
monte to the Human Rights Ordinance
dealing with Sexual Orientation,
presented and read.
Council Member Simon moved that
tho communication be received and filed
and a Work Session scheduled for Mon-
day, April 10th, 1989. Seconded by
Council Member Deich. Corried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitring summary report from Council's
Freeway 61/151 Work Session held
November 28th and requesting concur-
rence from Council or changes before it
is sent forward to the Planning and Zen-
ing Commission, presented and read.
Council Member Kluesner moved that
the communication be received and fried
and concurred with report. Seconded by
Council Member Pratt. Corried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Regular Session,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing approval of a Community
Development Block Grant Loan in the
amount of $150,000 between the City
and Pmcisian Tool and Engineering, Ink,
presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 340-88
RESOLUTION AUTHORIZING THE
EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT
LOAN AGREEMENT WITH
PRECISION TOOL AND
ENGINEERING, INC.
WHEREAS, under provisions of Title
I of the Housing and Community
Development Act of 1974, as amended,
the City of Dubuque has received Com-
munity Development Block Grant
Funds for the purpose of stimulating
economic development activities within
the community; and
WHEREAS, the City of Dubuque,
Iowa desires to assist Precision Tool and
Engineering, Ina in its efforts to acquke
the Dubuque Division of the Vulcan Tool
Corporation of Iowa; to re-establish
operation of the manufacturing facility
on Kerper Boulevard; to create perma-
nent employment opportunities for its
citizens and to encourage the exporta-
tion of Iowa services; and
WHEREAS, a Loan Agreement is to
be executed by Precision Tool and
Engineering, In~, and the same hereto
attached and by this reference made a
part hereof.
NOW, THEREFORE, BE IT
SOLVED BY THE CITY COUNCIL
OFTHE CITY OF DUBUQUE, IOWA:
Section 1, That the Mayor and City
Clerk be and they are hereby authorized
and directed to endorse the acceptance
December 19, 1988
413
of the City of Dubuque, Iowa upon the
Loan Agreement hereto attached, award-
ing a $150,000 loan to Precision Tool and
Engineering, Ink, according to the terms
specified therein.
Section 2. That the City Manager be
and he is hereby authorized to disburse
loan funds from the Community Devel-
opment Block Grant entitlement fund,
in accordance with the terms and con-
ditions of the Loan Agreement hereto
attached.
Passed, approved and adopted this
19th day of December, 1988.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Planning and Zon-
ing Commission advising of their denial
to allow a furniture upholstery/repair
store as a permitted use in the C-1
Neighborhood Commercial District and
requesting Council concurrence~ pre-
sented and read.
Council Member Heckmann moved
that the communication be received and
filed and concurred with the denial
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--Non~
ORDINANCE NO. 65-88
AN ORDINANCE AMENDING ZON-
ING ORDINANCE OF THE CITY OF
DUBUQUE BY ENACTING A NEW
SECTION 3-3.1B(16) TO ALLOW
TV/RADIO/VIDEO SALES AND SER-
VICE WITH A MAXIMUM OF 3500
SQUARE FEET IN GROSS FLOOR
AREA AS A PERMITTED USE IN
THE C-1 NEIGHBOEHOOD COM-
MERCIAL DISTRICT (1st reading
Regular Session, December 19, 1988 Regular Session, December 19, 1988 415
414
given on 11-21; 2nd reading given on
12-5, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 65-88
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF, ALSO
KNOWN AS "THE ZONING OR-
DINANCE OF THE CITY OF DU-
BUQUE, IOWA", BY ENACTING A
NEW SECTION 3-3.1B(16) TO ALLOW
TV/RADIO/VIDEO SALES AND SER-
VICE WITH A MAXIMUM OF 3,500
SQUARE FEET IN GROSS FLOOR
AREA AS A PERMITED USE IN
THE C-1 NEIGHBORHOOD COM-
MERCIAL DISTRICT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA.
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by revising Appendix A thereof, also
known as the "Zoning Ordinance of the
City of Dubuque, Iowa", by enacting a
new Section 3-3.1B(16) thereof, as follows:
3.3,1 C4 Neighborhood Commercial
District.
B. Principal Permitted uses
"(16) TV/Radio/Video Sales and Se~
vice with a maximum of 3,500 square
feet in gross floor area [17]"
Section 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, approved and adopted this
19th day of December, 1988.
Jamee E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 26th day of
December, 1988.
Mary A. Davis
It 12/26
City Clerk
Council Member Simon moved final
adoption of the 01~]lnance. Seconded by
Council Member Voetharg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Pratt, Simon,
Voetberg. Nays--Council Members
Heckmann, Kluesner.
Communication of City Manager re-
questing Council approval of two resolu-
tions pertaining to the Local Option
Sales and Services Tax, presented and
read.
Council Member Simon moved that
,he communication be received and bled.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady. Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 341-88
RESOLUTION OPPOSING STATE
DEPARTMENT OF REVENUE AND
FINANCE PROPOSAL TO ENACT
A FEE FOR THE COLLECTION OF
THE LOCAL OPTION SALES AND
SERVICES TAX
WHEREAS, the voters of the City of
Dubuque on February 2, 1988, approved
a one cent local option sales and services
tax effective April 1, 1988; and
WHEREAS, the vote was 7,712
(80.0%) in favor and 1,931 (20.0%) op-
~osed; and
WHEREAS, the sales and services
tax revenue is used fifty percent for pro-
perty tax reduction; thirty percent for
street maintenance and reduction of
street special assessments by at least
seventy-five percent; and twenty percent
for the upkeep of City property, transit
equipment, riverfront and wetland
development and economic development
projects; and
WHEREAS, the statute does not pro-
vide for a collection fee; and
WHEREAS, one of the advantages of
the local option sales and services tax
was that it was a piggyback trax and
would not need a collection fee; and
WHEREAS, the election did not pro-
vide for a collection fee; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, wishes to go on
record opposing the imposition of a fee
for the collection and remittance of the
local option sales and service tax.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council op-
poses the imposition of a collection fee
for the local option sales and services
tax.
Section 2. That the City Clerk is
hereby authorized and directed to
transmit this resolution of opposition to
area legislators, the Governor's office
and the League of Iowa Municipalities.
Passed, approved and adopted this
19th day of December, 1988.
James E. Brady
Mayor
ATTESq~
Mary A, Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Counall Members Deich, Heckmann
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 342-88
RESOLUTION ENDORSING
LEGISLATIVE PROPOSAL
IMPLEMENTING A PAYMENT
PROGRAM FOR LOCAL OPTION
SALES AND SERVICES TAX '
WHEREAS, the voters of the City of
Dubuque on February 2, 1988, approved
a one cent local option sales and services
tax effective April 1, 1988; and
WHEREAS, the vote was 7,712
(80.0%) in favor and 1.931 (20.0%) oppos-
ed; and
WHEREAS, the sales and services
tax payment for the quarter ending June
30, 1988, was not received until
November 4, 1988; and
WHEREAS. it is anticipated that
there will be similar delays in receiving
future quarterly payments; and
~WHEREAS, the City Council of the
City of Dubuque, Iowo~ behaves that this
is too long a delay in receiving payments
and wishes to support a legislative pro-
posal proposed by the City Council of the
City of Sioux City, Iowa and the Board
of Supervisors of Woodbury County.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of the
City of Dubuque, Iowa does hereby en-
dorse the attached legislative proposal
implementing a payment program for
local option sales and services taxes.
Section 2. That tho City Clerk is
hereby authorized and directed to
transmit this resolution and attached
proposal to area legislators and the
League of Iowa Municipalities.
Passed, approved and adopted this
19th day of December, 1988.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution, Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
BOARD/COMMISSIONS: Com-
munication of Chm'les Glab resigning
from Historic Preservation Commission,
presented and read.
Council Member Simon moved that the
comcaudication be received and filed and
resignation accepted with regret. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council .Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
416 Regular Session, December 19, 1988
HOUSING COMMISSION: Two Va-
cancies: one application received. Coun-
cil Member Pratt moved that Robert
Fisch be appalnted to the Housing Com-
mission for an unexpired term which will
expire Aug. 17, 1990. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt. Simon, Voetberg. Nays--None,
PLUMBING BOARD: Two Vacancies
-- Journeyman Position and At-Large
Position. Applicants (Journeyman Posi-
tion): Michael McDermott; Jeff Wigen-
borg; David Buechele, At-Large Appli-
cants: Albert Bracket, ttarlan Wlilenborg,
Jeffrey Schwartz. Vote on the appoint-
ments was as fallows; Mayor Brady
voted for Michael McDermott and A1
Bracket. Council Member Da/ch voted
for McDermott and Bracket. Council
Member Heckmann voted for Buecbele
and Bracket. Council Member Kluesner
voted for Buecbele and Bracket. Coun-
cil Member Pratt voted for McDermott
and Bracket. Council Member Simon
voted for McDermott and Bracket,
Council Member Voetberg voted for
Buechele and Bracket. Therefore
Michael McDermott was appointed as
Journeyman Plumber and Al Bracket for
the At-Large position on the Plumbing
Bd. for terms which will expire Nov. 2,
1991.
MECHANICAL CODE BOARD: 4
Vacancies -- 1 Sheet Metal Worker; 2
Pipefitters, i unexpired "Engineer"
term. Applicants: Sheet Metal Worker:
Tom Giese; Pipefitters: Harlan Willen-
borg, Gerald Hammel, Frank J.
Schwartz. "Engineer" position --
Thomas Glen/er (Found not to have the
IA Engineering certification required.)
Council Member Kluesner moved that
Tom Giese be appointed as Sheet Metal
Worker to the Mechanical Code Bd. for
a term to expire 3-16-90. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Da/ch, Heckmann
Kluesner, Pratt, Simon, Vootberg.
Nays--None.
Vote on the Pipefitter vacancies was
as follows: Mayor Brady voted for Ham-
mel and Willenborg; Council Member
Deich voted for Hammal al
Council Member Heckmann voted for
Willenborg and Ha~nmal. Council
Member Kluesner voted for Willenborg
and Schwartz. Council Member Pratt
voted for Willenborg and Hammel.
Council Member Simon voted for Willen-
borg and Hammel. Council Member
Voetberg voted for Hammel and
Schwartz. Therefore Gerald Hammel and
J. Willenborg appointed to a
term which will expire 3-16-91.
RESOLUTION NO. 343-88
WHEREAS, applications for Beer
Permits have been submitted and filed
to this Councli for approval and the same
have been examined and approved; and
WHEREAS, The p~mises to be oc-
cupied by such applicants were inspected
and found to comply with the Or-
dinances of this City and have filed pro-
per bond;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuqu~ Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Angel Investment Company
Casey's General Store
2699 Rockdale Rd.
(Also Sunday Sales)
Passed, approved and adopted this
19th day of December, 1988.
James E. Brady
Mayor
~_TTESql
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Members Deich, Heckmann,
Kluesner, Pratt, Simon. Voetberg.
Nays--None.
RESOLUTION NO. 344-88
WHEREAS, Applications for Liquor
have been submitted to this
Regular Session, December 19, 1988 417
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 State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to canse to be issued to the
following named applicant(s) a Liquor
License.
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Design Center, Inc.
Jullen Inn 200 Main
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Kachevas, Inc.
Demetris Restaurant & Viking Lounge
665 Dodge
(Also Sanday Sales)
David H. Hoffman
The White House
450 W. Locust
phillip R. Love
The Lounge 481 Locust
(Also Sunday Sales)
Lenny's Avenue Top, Inc.
Lenny's Avenue Top 1080 University
Joseph F. Bleile
A & B Tavern 2600 Central
The Moracco, Inc.
The Moracco 1413 Rockdale
David A. Unge
Copper Kettle 2987 Jackson
(Also Sunday Sales)
Channel Inn, Inc.
Channel Inn 2010 Kerper
(Also Sunday Sales)
Passed, approved and adopted this
19th day of December 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Printed Council Proceedings for the
month of June, 1988, presented for Coun-
cil approval.
Council Member Pratt moved that the
minutes be approved as printed. Second-
ed by Council Member Voetberg. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Da/ch,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
MINUTES SUBMITTED: Housing
Conm~. of 11-9; Human Rights Comm. of
11-14; Transit Trustee Bd. of 11-10,
presented and read.
Council Member Pratt moved that the
minutes be received and filed. Seconded
by Council Member Vcetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
NOTICES OF CLAIM/SUITS: Mil-
waukee Insurance, on behalf of their
client Arnold Henry, in the amt. of
$826.89 for paint damoges to his vehicles;
Mrs. Ruth Huggins in m~known amount
for personal injuries; Norman Kirch in
amt. of $117 for car damages; Jerome/
Patricia Scott in amt. of $3894.25 for
backed-up sewer damages; Jeff Stiles in
unknown amt. for personal injuries,
presented and read.
Council Member Pratt moved that the
claims and suits be referred to the Legal
Staff for investigation and report.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
Communication of Corporation
Counsel recommending settlement of
418 Regular Session, December 19, 1988
fo]lowing claims, auto damage of Terry
Hahn in amt. of $176.60; Unnecessary
repair of Richard B. & Madonna Here1 in
the amt. of $61.15, presented and read.
Council Member Pratt moved that the
communications be received and filed and
settlements approved and Finance Direc-
tor issue proper checks. Seconded by
Council Member Voetherg. Carried by
the following vote: Yeas--Mayor Brady.
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Finding of No
Significant effect on the environment for
various Community Development Pro-
jecte; proof of publication, certified to by
the Publisher, of List of Claims paid for
the month of October, 1988, presented
and read.
Council Member Pratt moved that the
proofs of publication be received and
filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Delch, Heckmann, Kinesner, Pratt,
Simon, Voetberg. Nays--None.
Communication of City Manager
transmitting the Financial Reports for
the month of November, 1988, presented
and read.
Council Member Pratt moved that the
communication be received and flied.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
Communication of Iowa DOT advising
of the proposal to let a bridge deck repair
project on Primary Road No. U.S. 20 on
2-28~89, said Project is located over Mid-
die Catfish Creek and the C.C. Railroad
at the west corporation line, presented
and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmmm, Kinesner, Pratt, Simon,
Vcetberg. Nays--None.
Communication of City Manager
recommending acceptance of the com-
)leted portion of the construction con-
tact for the grading and draining
facilities for the Northwest Arterial,
Stage III, presented and read.
Council Member Pratt moved that the
communication be received and flied.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Khiesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 345-88
ACCEPTING IMPROVEMENT
WHEREAS, the major portion of the
contract for the Northwest Arterial,
Stage III, Grading and Drainage Con-
tract, from Asbury Road to John F. Ken-
nedy Road has been completed and the
City Manager has examined the work
and filed ins certificate stating that the
same has been completed according to
;he terms of the contract, plans and
specifications and recommends its accep-
tance; and
WHEREAS, the City desires to accept
that portion of the already completed
project and enter into a supplemental
contract for the balance of the work.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the recommendation of
the City Manager be approved and that
said completed portion of the hnprove-
ment be and the same is hereby accepted.
Section 2. That the City Manager be
and is hereby directed to execute a sup-
plemental contract on behalf of the City
of Dubuque in the amount of $37,282.60
for the remaining portion of the work,
subject to all terms and conditions of the
original contract.
Section 3. That the City Treasurer be
and he is hereby directed to pay to the
contractor from General Obligation
Bonds in amo~mt equal to the amount of
the completed contract, less any retained
percentage provided for therein.
Regular Sessior
Passed, approved and adopted this
19th day of December 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmaun, Kinesner,
Pratt, Simon, Voetberg. Nays--None.
RESOLUTION NO. 3464~8
FINAL ESTIMATE
WHEREAS, the major portion of the
contract for the Northwest Arterial
Stage III, Grading and Drainage Con-
tract, from Asbury Road to John F. Ken-
nedy Road has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof in-
chiding the cost of estimates, notices and
inspection and all miscellaneous costs:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said com-
plead portion of the improvement is
hereby determined to be $548,551.31 and
that said amount shall be paid from the
General Obligation Bonds of the City of
Dubuque. Iowa.
Passed, approved and adopted this
19th day of December 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Vcetberg. Carried by the follow-
Lag vote: Yeas--Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Communication of planning and ZOn-
ing Commission approving final plat of
Archdiocese Place -- Key West located
December 19, 1988
419
in Dubuque County on Military Road
and Oakland Farms Road, presented and
read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kinesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 3~8
A RESOLUTION APPROVING THE
FINAL pLAT OF ARCHDIOCESE
PLACE-KEY WEST IN SECTION 11,
TOWNSHIP 88 NORTH, RANGE
TWO EAST OF FIFTH PRINCIPAL
MERIDIAN IN DUBUQUE COUNTY,
IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of Archdiocese
Place - Key West in Dubuque County,
Iowa; and
WHEREAS, said final plat has been
examined by the City of Dubuque Plan-
ning and Zoning Commission and they
find that the same conforms to the
statutes and ordinances relating thereto,
except that Lot 4 does not contain adc-
quate size; and
WHEREAS, said final plat has been
approved by the City of Dubuque Plan-
ning and Zoning Commission on the con-
dition that Lot 4 can only be developed
in conjunction with adjoining lots; and
WHEREAS, said final plat has been
examined by the City Council and they
find that the same conforms to the
statues 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
proved and the Mayor and City Clerk be
and are hereby authorized and directed
420
to endorse the approval of the City of
Dubuque, Iowa upon said final plat, pro-
vided that the owner of said property
shall execute a written acceptance hereto
attached, acknowledging and agreeing:
A. Lot 4 can only be developed in con-
junction with adjoining lots.
Section 2. That in the event the owner
falls to execute the acceptance provided
for in Section 1 herein within 45 days
after the date of tins Resolution, the pro-
visions herein shall be null and void and
the approval of the plat shall not be
effective.
Passed, approved and adopted this
19th day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
RESOLUTION NO. 347-88
We, the undersigned, Archdiocese of
Dubuque, having read the terms and con-
ditions of Resolution No. 347-88 and be-
lng familiar with the conditions thereof,
hereby accept the same and agree to the
condition required therein,
Dated at Dubuque. Iowa, this 21st day
of December, 1988.
By: Daniel F. Kucera, President
By: Robert L. Ferring, Secretary
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Me~nber Voetberg. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kfueaner,
Pratt, Simon~ Voetberg. Nays--None.
Conununication of planning and Zon-
ing Commission approving final plat of
Green Volley Farms Subdivision located
in Dubuque County, north of English
Mill Read, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the fallowing vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner. Pratt, Simon.
Voetberg. Nays--None.
Regular Session, December 19, 1988
RESOLUTION NO. 348-88
RESOLUTION APPROVING THE
~INAL pLAT OF "GREEN VALLEY
FARMS SUBDIVISION" IN
DUBUQUE COUNTY, IOWA
WHEREAS, there has been filed with
the City Clerk, a final plat of "Green
Valley Farms Subdivision" in Dubuque
County, Iowa; and
WHEREAS, said final plat has been
examined by the City Planning and Zon-
ing Commission and hed its approval en-
dorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council and the
City Council finds that the same con-
forms to statutes and ordinances relating
thereto.
NOW. THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the final plat of "Green
Valley Farms Subdivision" in Dubuque
County, Iowa, be and the stone is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to en-
dorse the approval of the City of Du-
buque, Iowa upon said final plat.
Passed, approved and adopted this
19th day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mory A, Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Carried by the follow-
ing vote: Yeas--Mayor Brady, Couneil
Members Deich, Heckmann, Kinesner,
Pratt, Simon, Voetberg. Nays--None.
Communication of planning & Zoning
Commission approving final plat of Lot
1-11 and Lot 2-11 fu Yiannias Place,
located north of John F. Kenuedy Road,
presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Regular Session,
December 19, 1988 421
Carried by the Iollowing vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 349-88
A RESOLUTION APPROVING THE
FINAL PLAT OF LOT 1-11 AND 2-11
OF YIANNIS PLACE IN THE CITY
OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk, a final plat of Lot 1-11 and
2-11 o£ Yianalas Place in the City of
Dubuque, Iowa; and
WItEREAS, said final plat has been
examined by the City plaurdng and Zon-
ing Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and the City
Council finds that the same conforms to
statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of Lot
1-11 and 2-11 yiannias Place in tho City
of Dubuque, Iowa be and the same is
hereby approved and the Mayor and City
Clerk are hereby authorized and directed
to endorse the approval of the City of
Dubuque, Iowa upon said final plat.
Passed, approved and adopted this
19th day of December, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon. Voetberg. Nays--None.
There being no further business, Coun-
cil Member Voetberg moved to adjourn
the meeting. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Meeting adjourned -- 1:10 A.M.
December 20, 1988.
Mary A. Davis
City Clerk
Approved - ~ 1989
Adopted 1989
Mayor
Council Members
ATTEST:
City Clerk