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1989 January Council ProceedingsINDEX -- BOOK 119 1989 SUBJECT PAGE Oct. 16--Zoning change for property located nor th of Foothill Road & east of John F. Kennedy Rd. from R-3 Multi-Family Residential Dis. to OS Office Service Dis. as requested by Gene Sullivan .... 427, 449 Nov. 20--Zoning re: designation of Ice Harbor as location for Excursion Gambling Boat ....................................... 470 20--Zoning Ordinance amendment re: off-premise aignage ....... 472 20--Zoning Commission & Planning Comm., separate -- recommen- dations etc .......................................... 474 Dec. 4--Zoning re: amended Conceptual Development Plan for 255 John F. Kennedy Rd. -- Venture Stores ...................... 494 Dec. 18--Zoning portion of Ice Harbor from HI to CR District ...... 499 18--Zoding change of properW located west of Hwy. 151/61 from AG to C-3, request of A.J. Spiegel ........................ 499 18--Zoning change providing for a fee for amended Conceptual Development Plan for PR Planned Res. District, PC Planned Comm. District, PI Planned Ind. Dis. & ID Institutional District. 503 18--Zirkelbach, Sandy. The A & B Tap, Class "C" Liquor License. 505 Re.~ular Session, January :ITY COUNCIL OFFICIAL Regular Session, January 3, 1989 Council Met at 7:30 p.m., at the Public Audit Ol~lum. Present--Mayor Brady, Council Members Deieh, Heckmann, Khiesner, Simon, Voetberg, City Manager ' W) Kenneth Gearhart, Corporation , A. Lindahl. Mayor Brady read the call and stated is the REGULAR MONTHLY · Council called for the purpose to act upon such business which may properly come before the Invocation was given by Rev. ~llzabeth Pigg, Asscciate Pastor of Firs~ PROCLAMATION: January 15, 1989 "Celebrating in honor of the birth of Martin Luther King, Jr." be suspended to allow anyone pre- ~sent to address the Council. Seconded by CounCil Member Pratt. Carried by the ~0llowing vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Proof of publication, certified to by the Bublisher on Notice of Public Hearing ~roposed plans and specifications for the cleaning, repvJring and painting of the Asbury Water Storage Tank, presented and read. There were no writ- ten objections received and no oral objec- tors present at the time of the Hearing. '~ Council Member Kiuesner moved that the proof of publication be received~and filed. Seconded by Council Member I-Ieckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 1-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 2nd day of November, 1988, plans, specifications, form of contract and estimated cost were 3, 1989 1 filed with the City Clerk of Dubuque, Iowa, for the Rehabilitation of 2.4 MMG Asbury Storage Tank; WHEREAS, notice of hearing on plans, spectficiations, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVJ~D BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 3rd day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kiuesner moved adol~ tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by tile Publisher, on Notice to Bidders of the receipt of bids for the cleaning, repairing and painting of the Asbury Water Storage Tank AND Communication of City Mauager recommending to proceed with tbe public hear'rog, receive and file this communication and bid results and to delay action on the award of a contract until January 16i 1989, presented and read. Council Member Kiuesner moved that the proof of publication and communica- tion be received aud filed and approved recommendations. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Couucil Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. CommunicaUlon of City Manager recommending a public bear'mg be set on Urban Renewal Plan Amendment which would extend the boundaries of the Dubuque Industrial Center Economic 2 Regular Session, January 3, 1989 Development District to include an ad- ditional 70 acres {McFadden Farm), presented and read. Council Member Kluesner moved that the communication be received and filed and set for Public Hearing on January 16, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice i.n the manner pre- scribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Heckmann, Kinesner, Pratt, Voetberg. Nays--Coundl Member SLrnon. Communication of Planning and Zon- ing Commission submitting meeting report of review of Urban Renewal Plan Amendment of Dubuque Industrial Center Economic Development District presented and read. Council Member Kluesner 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 Heckmann, Kluesner, Pratt, Simon. Vcotberg. Nays--None. Communication of City Manager sub- mitring documents providing for the pav- ing of the Northwest Arterial from Asbury Road to John F. Kennedy Road, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 2-39 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Northwest Arterial, Phase III, P.C.C. Paving and Intersection Improvements, in the estimated amount of $709,884.12, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 3rd day of January, 1989. James E. Brady Mayor AT~EST: Mary A. Davis City Clerk Council Member Kluesner moved adap- tion of the Resolution. Seconded by Couneil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Heckmaun, KIuesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 3-89 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specitications~ and form of contract and placed same on file in the office of the City Clerk for public inspection of the Northwest Arterial, Phase III, P.C.C. Paving and Intersection Improvements. NOW, THEREFORE, BE IT RE- SOLVED that on the 6th day of February, 1989, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which tune interested pe~ sons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- gear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 3rd day of January, I989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady Regular Session Deich, Heckmann, Pratt, Simon, Voetberg. RESOLUTION NO. 4-89 ORDERING RIDS IT RESOLVED BY THE COUN- OF THE CITY OF DUBUQUE, ~t the Northwest Arterial, Phase ~;C.C. Paving and Intersection Ira- is hereby ordered to be ~ bids for constructinn. E IT FURTHER RESOLVED, that f the security to accompany bid shall be in an amount which to the provisions of the ~ to bidders hereby approved as a of the and specifications ~' Clerk is hereby directed :o advertise for bids for the construction of the improvements herein provided, to irculation in the City of Dubuque, shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 )pened and reed by the Ci- ty Clerk at said time and will be submit- ted to the Council for final action at 7:30 p~m. on the 6th day of February, 1989. Passed, approved and adopted this 3rd day of January, 1989. James E. Brady Mayor Aq~EST: Mary A. Davis City Clerk Council Member Kinesner moved adop- tion of the Resolution. Seconded by Couneil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Couneil Members Deich, Heckmann, Kluesnor, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending a public hearing to be set to filspese of interest in property for road- way easement across Eagle Point Park property as requested by Delos L. McDonald estate, presented and read. CounCil Member Ktuesner moved that the communication be received and filed. January 3, 1989 3 Seconded by Council Member Voetberg. Carried by the fallowing vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 5-89 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL PROPERTY BY GRANT OF EASEMENT. WHEREAS, the City of Dubuque is the owner of certain real property as shown on Exhibit A, attached hereto and incorporated herein by reference, and known as Eagle Point Park; AND WHEREAS, the estate of Delos L. McDonald desires to obtain ~rom the City of Dubuque a perpetual, vehicular and pedestrian easement over and across a portion of Eagle Pont Park for purposes of a roadway, whinh is described on Ex- hibit A, attaclied hereto; AND WHEREAS, the City of Du- buque and the estate of Delos L. McDonald have reached an agreement for the terms and conditions of the grant of such easement, which terms and con- di~inns are set forth in tlie Agreement at- tached hereto as Exhibit B and incor- porated here'm by reference; AND WHEREAS, the City Council of the City of Dubuque, Iowa, has deter- mined that the proposed Agreement should be approved, subject to the re- quirement of Iowa law that the matter be set for pubhe hearing; 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 an interest in property in Eagle Point Park as set forth in the pro- posed Agreement, attached hereto. Section 2. A public hearing on the pre- posed Agreement is hereby set for the 16th day of January, 1989, at 7:30 p.m. in the Public Auditorium of the City of Dubuque Public Library, after which public hearing the City Council may make a final determination of the prc~ ~osed Agreement. Section 3. The City Clerk is hereby lirected to publish notice of tills resoin- tion and of the date, t'nne and place of the 2 Regular Session January 3, 1989 Development District to include an ad- ditional 70 acres (McFadden Farm), presented and read, Council Member Kluesner moved that the communication be received and flied and set for Public Hearing on January 16, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Cierk publish notice ip the manner pre- scribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Daich, Heckmann, Kinasner, Pratt, Voetberg. Nays--Council Member Simon. Communication of Planning and Zon- ing Commission submitting meeting report of review of Urban Renewal Plan Amendment of Dubuque Industrial Center Economic Development District, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. CommunicaC~on of City Manager sub- mitt'rog documents providing for the pav- ing of the Northwest Arterial from Asbury Road to John F. Kennedy Road, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Vcetberg. Nays--None. RESOLUTION NO. 2-89 PRELIMINARY APPROVAL OF pLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the prop~ plans, specifications, form of contract and estimated cost for the Northwest Arterial, Phase III, P.C.C. Paving and Intersection Improvements, in the estimated amount of $709,884.12, are hereby approved and ordered fded in the office of the City Clerk for public inspection. Passed, approved and adopted tins 3rd day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk CouncilMember Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 3-89 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications; and form of contract and placed same on file in the office of the City Clerk for public inspection of the Northwest Arterial, Phase III, P.C.C. Paving and Intersection Improvements. NOW, THEREFORE, BE IT RE- SOLVED that on the 6th day of February, 1989, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at winch time interested per- sons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted tins 3rd day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voctberg. Carried by the following vote: Yeas--Mayor Brady Regular Session, January 3, 1989 3 Council Members Deleh, Heekmann. Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 4-89 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Northwest Arterial, Phase III, P,C.C. Paving and Intersection Im- provements is hereby ordered to he advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having gen- eral circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 20th day of January, 1989. Bids shall be opened and read by the Ci- ty Clerk at said time and will be submit- ted to the Council for final action at 7:30 p.m. on the 6th day of February, 1989. Passed, approved and adopted this 3rd day oI January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voctberg. Nays--None. Communication of City Manager recommending a public hearing to be set to dispose of interest in property for road- way easement across Eagle Point Park property as requested by Delos L. McDonald estate, presented and read. Council Member Kluesner moved that the communication 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. RESOLUTION NO. 5-39 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL PROPERTY BY GRANT OF EASEMENT. WHEREAS, the City of Dubuque is the owner of certain real property as shown on Exhibit A, attached hereto and incorporated herein by reference, and known as Eagle Point Park; AND WHEREAS, the estate of Delos L. McDonald desires to obtain from the City of Dubuque a perpetual, vehicular and pedestrian easement over and across a portion of Eagle Pont Park for purposes of a roadway, which is described on Ex- hibit A, attached hereto; AND WHEREAS, the City of Du- buque and the estate of Delos L. McDonald have reached an agreement for the terms and conditions of the grant of such easement, which terms and con- ditions are set forth in the Agreement at- tached hereto as Exhibit B and incor- porated herein by reference; AND WHEREAS, the City Council of the City of Dubuque, Iowa, has deter- mined that the proposed Agreement should be approved, subject to the re- quirement of Iowa law that the matter be set for public hearing; 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 an interest in property in Eagle Point Park as set forth in the pro- posed Agreement, attached hereto. Section 2. A public hearing on the pre- posed Agreement is hereby set for the 16th day of January, 1989, at 7:30 p.m. in the Public AuditoFlum of the City of Dubuque Public Library, after which public hearing the City Couneil may make a final determination of the pro- posed Agreement. Section 3. The City Clerk is hereby directed to publish notice of this resolu- tion and of tbe date, time and piece of the 4 Regular Session, January3, 1989 public hearing on the proposed Agreement. Passed, approved and adopted this 3rd day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesn~ moved edop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmunn, Khieener, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager transmitting letter from Brutger Hospitality Group advising of their withdrawal from Downtown Hotel Pro- ject, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deleh, Heck- mann, Klueaner, Pratt, Simon, Voetberg. Nays-None. Communication of Soo Line Railroad Co. requesting Council to consider grant- ing an easement of Soo Lines for pur- poses of constructing a track on City pro- perry allowing access into Continental Grain and the port of Dubuque, AND communication of City Manager pertain- ing to Soo Line Railroad request and sub- mitting suggestions for Council discus- sion, presented and read. Mark Bernk- strem, Leif Thorsun aud Lyle Reed spoke to the matter. Council Member Pratt moved that the communications be rece/ved and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deiah, Kluesner, Simon, Voetberg. Nays-- Council Members Heckmann, Pratt. Communication of City Manager re- questing approval of an assignment of lease by Pillsbury Co., Minneapol/s, MN to ConAgra, Inc. of Omaha, NE, pre- sented and read. Council Membex Kluesner moved that the communication be received and filed. Seconded by Counc/l Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Klueener, Pratt. Simon, Voetberg. Nays--None. RESOLUTION NO. 6-89 RESOLUTION CONSENTING TO ASSIGNMENT OF A LEASE BETWEEN THE CITY OF DUBUQUE AND PILLSBURY COMPANY TO CONAGRA, INC. WHEREAS, there is a lease agreement between the City of Dubuque, Iowa and Swift Agricultural Chemicals Corpora- tion dated November 29, 1971; and WHEREAS, the term of this lease agreement is for a period of fifty (50) years commencing on December 1, 1971; and WHEREAS, by Dock Board Resolu- tion No. 2-73 dated January 2, 1973 the City of Dubuque through its Board of Dock Commissioners consented to the assignment of this lease ogreement to the Pillsbury Company; and WHEREAS, in a letter dated December 21, 1988 the Pillsbury Com- party is notifying the city of their plans to sell substautlally all of its assets of its Grain Merchandising Division to Con- Agra, Inc. of Omaha, Nebraska; and WHEREAS, both companies are re- questing a consent to assignment from the City of Dubuque of said lease agree- ment which consent shall terminate on or about March 10, 1989 and the City shall have the option subsequent of that date of rescinding the consent; and WHEREAS, the lease agreement be- tween the City of Dubuque and Pillsbury Company gives the right to the leasee at its option, of selling ail, or part of the demised premises or assigning the lease provided the subleasee or assignee is a responsible party; and WHEREAS, the lease agreement pro- vides that the lease shall not be assigned or sublet by leasee without prior written notice to lessor, and written consent by the lessor to the assignment or sublease shall be deemed to be a satisfaction of the requirement of the responaibility incor- porated in the lease agreement. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, January 3, 1989 Section 1. That consent be given to Pillsbury Company for the ossignment of the lease agreement to ConAgra, Inc. Section 2. That the Mayor be author- ized and directed to execute the attached "Consent to Assignment" agreement in the name of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved edop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmatm, Kluesner, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting a Resolution which authorizes Katnin Bros., Inc. to sublease property to Mr. James E. Underhill, presented and read. Council Member Kluesner moved that the communication be recieved and flied. Seconded by Council Member Pratt. Car- ried by the foilowlng vote: Yeas--Mayor Brady, Comxcil Members Dalch, Heck- mann, K[uesner, Pratt, Simon, Voetberg. Nay--None. RESOLUTION NO. 7-89 RESOLUTION GRANTING KATUIN BROS., INC. RIGHT TO SUB-LEASE PROPERTY KNOWN AS NO. 10 TERMINAL STREET IN AREA ("D" OF DUBUQUE HARBOR) TO MR. JAMES E. UNDERHILL WHEREAS, a lease agreement bet- ween the City of Dubuque Co.'s addition and Katuin Bros., Inc., Dubuque, Iowa, was approved by the City Council by Resolution 174-82 on July 6, 1982. WHEREAS, this lease agreement is for 25 years with a base rental of $750.00 per year with provisions for adjustment in the cost of living as a reference by the Consumer Priced Index for Urban Con- sumers (1967 = 100). WHEREAS, Provision 10 of the lease agreement graute Leases the right to sub-let or assign any of its rights in or to said premises, providing however that such any sublease or assignenmt will have the written approval of the City of Dubuque to the end that the City of Dubuque's interests shall be fully protected. WHEREAS, the property has been used as a truck repair facility and the sub-lesese, Mr. James E. Underhill, pro- poses'to use the property in a similar fashion. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That approval be granted to Katuin Bros., Inc. to lease property iden- tified in lease ~greement approved by Resolution No. 174-82 on July 6, 1982 to Mr. James E. Underhlll, Dubuque, Iowa. Passed, approved and adopted this 3rd day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heekmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Communication of Council Member Heckmann concerning further direction to staff regarding Highway 61 Project, presented and read. Council Member Kluesner moved that the communication be received and filed and directed Staff take proposed Agen- da to Planning and Zoning and bring back to us (Council) by February 20th. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 8-89 RESOLUTION NAMING DEPOSITORIES RESOLVED, that the City Council of Dubuque in Dubuque County, Iowa, ap- proves the following list of financial in- stitutions to be depositories of the City of Dubuque funds in conformance with all applicable provisions of Iowa Cede Chapters 452 and 453 (1983), as amend- ed by 1984 Iowa Acts, S.F. 2220. The City Treasurer is hereby authorized to Resular Session, January 3, 1989 Idepasit the City of Dubuque funds in amounts not to exceed the maximum ap- proved for each respective financial institution as set out below. CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resolution of the City Council adopted at a meeting of said public bedy, duly cailed and held on the 3rd day of January, 1989, a quorum being present, as soJd resolution remoJns of record in the minutes of said meeting, and it is now in full force and effect. Dated this 3rd day of January, 1989. s/Mary A. Davis City Clerk Mailing Address: City Hall 13th and Central Avenue Dubuque, IA 52001 Telephone: (319) 589-4120 Council Member Kluesner moved adop- tion of the resolution. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote: Yeas-- Mayor Brady. Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 9-89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMITS Mole Oil Co. Big "10" Mart 9th & Central Ave. (Also Sunday Sales) Passed, approved and adopted this 3rd day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Councli Member Klue~qer. C~rried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO, 10-89 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The prdmises to be oc- cupied by such applicants were inspected and found to comply with the State Law and ail City Ordinances relevant thereto and they have flied proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council fo the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicantis) a Liquor CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Georgiaua Carol Chiu Rusty's Chinese Restaurant 2600 Dodge Regular Session, January (Also Sunday Saies) passed, approved and adopted this 3rd day of January, 1989. James E. Brady Mayor Aqq~EST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Kluesner. Co,fled by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmanu, Kluesner, Pratt, Simon, Voetberg. Nays--None. printed Council Proceedings for the month of July, 1988 for Council approvai, presented and read. Council Member Deich moved that the proceedings be approved as printed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Airport .Comm. of 12-13; Five Flags Comm. of 12-19; Historic Preservation Corem. of 11-22 & 12-13; Human Rights Comm. of 12-12; Planning and Zoning Comm. of 11-16, 12-7 & 12-21; Zoning Bd. of Ad- justment of 11-17, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Kineaner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heekmann, K1uesner, Pratt, Simon, Voetherg. Nays--None. NOTICES OF CLAIMS/SUITS: Helen Brown in the amount of $54.80 for tire damages; Arthur C. Tigges in the amt. of $767.04 for vehicle damages; Ronald L. Fishulck in the amt. of $2500 for vehicle damages; Notice regarding condenmation of property by the Iowa DOT for Primary Road U.S. 61 (Dedge House Corp., et al), presented and read. Council Member Deich moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Khiesner. Carried by the following vote: Yeas-- Mayor Brady, Coundl Members Dcich Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. 3, 1989 7 Communications of Corporation Counsel recommending deulai/ciosures of the following claims: sewer back-up of Gilbert Crippes; Car damage claim of Guy Kenniker; Personal injury of Ruth Huggins; Sewer backup of Jerry and Patricia Scott; Personal injury of Jeff Stiles, presented and read. Council Member Deich moved that the conm~uulcations be received and filed and approved recommendations. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon. Voetberg. Nays--None. Communication of Civli Service Com- mission expressing appreciation for assistance given during the physicai agili- ty test for Firefighter, presented and read. Council Member Deich moved that the communication be recaived and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. December 20, 1988 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1987 Code of Iowa, as emended, the Civil Service Commission conducted written examinations on November 1, 1988 and physicai agility test on December 17, 1988 for the position of Firefighter- Entrance Level. We hereby certify that the following in- dividuais have successfully passed both the written and physics/ogility tests and are hereby quaiiBed to be considered for the position of FIREFIGHTER for the City of Dubuque, Iowa. James Calhoun Lee DeVries Kenneth Metz Mark Burkle Mark Wilson Michael Canny Gary Kramer Christopher Lawrence Keven Schmitt Wm. Laban Daniel Waddick Redney Peters 8 Regular Session January 3, 1989 A second llst is available for certifica- tion if needed. Respectfully submitted s/Pat Dillon Chairperson s/Robert M. Miller s/Gerald J. Koppes Civil Service Commission ATTEST: Mary A. Davis Secretary Council Member Deich moved this be received and filed and made a matter of record. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Communication of Attorney Robert Bertech, representing Barnstead Tber- malyne Corp., again urging Council to consider vacation of the alley lying be- tween Lot 60 in Ham's Addition and Lot 2, Block 9 of River Front Subd. No. 3, presented and read. Council Member Deiak moved that the communication be received and fried and referred to the City Manager. Seconded by Council Member Kluesr~r. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing authorization to publish Notice of Enviromnentai Review Findings for Precision Tool and Engineering, Inc., presented and read. Council Member Dsich moved that the communication be received and filed. Seconded by Couneil Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dsich, Haskmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 11-89 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FIND- ING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1988 with the U.S. Department of Hous- ing and Urban Development, providing for finaneiai assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pure, mt to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, au environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen- tal Review Committee on December 14, 1988 has after due consideration made a determination that the project is not a major Federal action siguificantly affec- ting the quality of the human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Signifi- cant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspec- tion. Such notice shall be in the form of Exhibit "A" attached hereto and made a part thereof. Precision Tool and Engineering, Inc. Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of January 16, 1989 authorizing the submission of a re- quest to the U.S. Department of Hous- lng and Community Devciopment to undertake the project. Passed, approved and adopted this 3rd day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Cierk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Regular Session, January 3, 1989 Kluesner, Pratt, Simon, Voetberg. Nays-None. Communication of Department of Natural Resources, State of Iowa, report- ing on a violation of NPDES Permit IAmite for the month of November, 1988, presented and read. Council Member Dsich 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, Voetherg. Nays--None. There being no further business, Coun- cil Member Heckmann moved to adjourn the meeting. Seconded by Council Member Deiak. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt. Simon. Voetberg. Nays--None. Meeting adjourned at 9:13 p.m. Mary A. Davis City Clerk Approved 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk 10 Board of Health January 16, 1989 BOARD OF HEALTH OFFICIAL Regular Quarterly Meeting. January 16, 1989. Board met at 7:25 p.m., at the Public Library Auditorium. Present--Chairperson Brady, Board Members Deich, Heckmann, Kluesner, Simon, Voetherg. Abeent--Benrd Member Pratt. Chairperson Brady read the call and stated this is the REGULAR QUARTERLY MEETING OF THE HEALTH BOARD called for the pu~ pose to act upon such business winch may properly come before the Board. There being no business to come before the Board, Board Member Kluesner moved to adjourn the meeting. Second- ed by Board Member Voetberg. Carried by the fonowing vote: yeos--Ctmlrpersen Brady, Board Members Dsich, Heck- mann, Kluesner, Vcetbexg. Nays--Board Member Simon. Absent--Board Member Pratt. Mary A. Davis Secretary, Board of Health Approved .1989 Adopted 1989 Chairperson, Board of Health Board Members ATTEST: Secretary, Board of Health Regular Session, January 16, 1989 CITY COUNCIL OFFICIAL Regular Session, January 16, 1989 Council Met at 7:30 p.m., at the Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Heckmenn, Kluesner, Simon, Vaetherg, City Men~er W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Pratt. Mayor Brady read the cail and stated this is the REGULAR SESSION OF THE CITY COUNCIL called for the pur- pose to act upon such business winch may properly come before the Council INVOCATION was given by Father John Haugen, Spiritual Director of Wahlert High School. Proof of publication, certified to by the Pablisber, on Notice of Public Hearing to consider granting and conveying to the estate of Delos McDonald a perpetual, ye. incular and pedestrian easement over and across City property, presented and read. Council Member Kluesner moved that the rules be suspended to allow anyone present to address the Coucdil if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Cotmcil Member Heck- mann. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Petition of E. David Wright, on behalf of Mrs. Jean (Mitel) Schrup requesting Council delay the public hearing until a later date so as to be given an easement to her property at this location, presented and read. David Wright, Attorney on behalf of Mitzi Sehrup, sister of the McDonalds, requested delay in this mat- ter, as she needs easement to her proper- ty and that is not specified in this easement. 11 Council Member Kluesner moved that the petition be received and filed. Second- ed by Council Member Heckmarm. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Heck- mann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. John O'Connor, Attorney on behalf of J. Bruce and R.D. McDonald, requested that the Resolutions be adopted and stated that Mrs. Schrup will always have access to this area. A RESOLUTION Approving an Agreement between the City and the estate of Delos L. McDonald to grant a right of way easement over City proper- ty located in Eagle Point Park and authorizing and directing Mayor to ex- ecute, presented end read. Council Member Heckmann moved that they table to the next meeting to work out something with all parties and Mrs. Sch~up will have opportunity to pre- sent her request to the Council. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun, K]uesner, Simon, Vcetberg. Nays--None. Absent--Council Member Pratt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to reclassify property at 3606 and 3606~/2 Crescent Ridge from R-1 to LI Zoning; Communication of City Manoger submit- ting Agreement with property owner for conditions on rezoning request; Proposed Agreement with property owner regard- lng conditions of rezening, presented and read. Council Member Voetherg moved that the proof of publication, communications and proposed Agreem~t be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Vcetberg. Nays--None. Absent--Cenncil Member Pratt. Attorney Joseph Bitter on behalf of Jerry Gremmel requested favorable ap- proval of Ordinance. An ORDINANCE Amending Zoning Ordinance by reclassifying property at 3606 & 3606¼ Crescent Ridge from R-1 Single-Famify Residential District to LI 12 Regular Session January 16, 1989 Light Industrial District, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance and that they adjourn the Public Hearing. Seconded by Council Member Siman. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Hec~mann, Kluesner, Simon. Voetberg. Nays--None. Absent--Council Member Pratt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider Amendment #1 to the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District; Petition of Vincent and Luella McFadden objecting to the amendment to the Ur- ban Renewal Plan for the Dubuque In- dustrial Center Economic Development District; Communication of Corporation Cunusal ~mbmitting background informa- tion relating to the legality of a City's use of eminent domain powers for economic development areas under the Urban Renewal Law; Communication of City Manager recommending approval of the amendment to expand the Dubuque In- dustrial Center Economic Development District and responding to information requested at the meeting of January 3, 1989 regarding plans for the area, presented and read. Council Member Kluesner moved that the proof of publication, petition and communications be received and flied. Seconded by Council Member Vootherg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Khiesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. A RESOLUTION Approving Amend- ment Number One to the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, pre- sented and read. Attorney Tom McKay, representing McFadden's, urged Council not to ap- prove the Resolution as the McFaddens will be dislocated ff Urban Renewal Plan is approved and they are not ready to sell their family farm. John McFadden, Mary Jo McFadden LuAnn McFadden, Bill Richards, Bob Moin, Father Norm White, Lowell McFadden, Diane McFadden Richards Gary McFadden, Janice Daugherty, Vince McFadden, Jr., Chuck Isenhart all objected to proposed Amendment, as this is a family dairy farm for over 100 years. Council Member Voetherg moved that they table the Public Hearing to Feh- ruary 6, 1989. Seconded by Council Member Simon. Vote on the motion was as follows: Ayes--Council Members Kluesner, Simon and Voetherg. Nays-- Mayor Brady, Council Members Deich, Heckmann. Absent--Canncil Member Pratt. MOTION FAILED. Council Member Heckmann moved that they close the Public Heaving and table the matter. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Heckmann, Klueaner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of Planning and Zon- ing Commission advising of the approval for an mnended Conceptual Development Plan for property located at the North- east corner of Wacker Drive and Dodge St., presented and read. Council Member ICluesner moved that the communication be received and filed. Seconded by Council Member V~etberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. An ORDINANCE Providing that the Code of Ordinances be anaendad by ap- proving an amended conceptual devalp- ment plan for the PC Planned Commer- cial District located north of Dodge St. and east of Wacker Drive, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and ttmt the reqnirement 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 furtber moved that a Public Hear- lng be held on the proposed Ordinance on the 6th day of February, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Regular Session January 16, 1989 13 Members Daich, Hsekmann, Klusener, Shnon, Vcetberg. Nays--None. Absent--Council Member Pratt. Communication of Planning and Zon- ing Commission advising of their ap- for zoning reclassification and con- as requested by Mercy Health Center mad Medical Associates Clinic, presented and read. Council Member Kinesnar moved that the conmmnicatlon be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Simon, Voetherg. Nays--Council Member Daich. Absent-- Council Member Pratt. An ORDINANCE Amending Zoning Ordinance by reclassifying property at 1022 and 1016 Langworthy and other va- cant property from R-2 Two Family Residential to ID Institutional District and to approve a Conceptual Develop- ment Plan for the Mercy Health Center/Medical Associates Clinic ID In- stitutional District, presented and read. Council Member Heckmarm moved that this be considered the first reading of the Ordinance, and that the reqnire- menf 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 that a Public Hearing be held on the proposed Ordinance on the 6th day of February, 1989 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 V~etberg. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Heckmann, Khiesner, Simon, Voetberg. Nays--Council Member Deich. Absent--Council Member Pratt. MO- TION FAILED DUE TO LACK OF sA VOTE. Council Member Kluesner moved that this be considered the fit-st reading of the Ordinance and further moved that e Pul> lic Hearing be held on the proposed Ordi- nance on the 6th day of February, 1989, 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, Irduesnar, Simon, Voetberg. Nays--Council Member Delch. Absent--Council Mem- ber Pratt. Communication of City Manager recommending approval of an $80,000 Community Devehipment Binck Grant Loan to Automotive and Industrial Hardware, presented and read. Council Member Kluesner moved that the C~mmunicatinn be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deicb, Heckmann, Khiesner, Simon. Voetberg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 13-89 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMU- NITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH AUTOMOTIVE AND INDUSTRIAL HARDWARE WHEREAS, under provisions of Title I of the Housing and Community Devel- opment Act of 1974, as amended, the City of Dubuque has received Communi- ty Development Block Grant Funds for the purpose of stimulating economic development activities within the com- munlty; and WHEREAS, the City of Dubuque, Iowa desires to assist Automotive and Industrial Hardware in its efforts to enhance and expand its existing opera- tions; to create permanent employment opportunities for its citizens; and to eh- courage the exportation of Iowa pro- duets; and WHEREAS, a Loan Agreement is to be executed by Automotive and In- dustrial Hardware and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, award- ing an eighty thousand dollar ($80,000) loan to Automotive and Industrial Hard- ware according to the terms specified therein. 14 r Session, January 16, 1989 Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Develop- ment Block Grant entitlement fund, in accordance with the terms and conditions of Loan Agreement hereto attached. Passed, approved and adopted tins 16th day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk CouncilMember gluesner moved adop- tion of the Resolution. Seconded by Coundl Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of Airport Commis- sion requesting approval of Employment Agree~nent with Tberon Clark, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote; Yeas-- Mayor Brady, Council Members Deich, Heckmann, Klueaner, Simon, Voetherg. Nays--None. Absent--Canncil Member Pratt. Communication of City Manager recommending approval of Airport Com- mission's proposal for au Employment Agreement with Theron Clark, presented and read. Council Member Kluesner moved that the communication be received and filed and approved recommendation. Second- ed by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluasner, Simon, Voetberg. Nays--None. Absent--Canncil Member Pratt. Communication of City Manager Pre- riding additional information on two barge sites currently leased by the City and requesting Council make a deter- ruination of its interest in a long term Lease Agreement with Fish and wildlife Service, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Deice Car- tried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Khieaner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of Corporation Counsel submitting opinion received regarding City of Dubuque being authorized to transact business in the State of Illinois and what the possible tax consequences might be of the barge fleeting operation, presented and read. Coundl Member Simon moved that the communication be received and filed and tabled until a later date. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Simon, Voetberg. Nays--Council Member Heckmmm. Absent--Council Member Pratt. Communication of City Manager sub- mitring Resolution providing for the re- all bids received for the clean- ing, repairing and painting of the 2.4MMG Asbury Water Storage Tank, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Khiasner, Simon, Voetberg. Nays--None. Absent--Council Member Prat~. RESOLUTION NO. i4-89 REJECTION OF BIDS FOR CLEANING, REPAIRING AND PAINTING OF THE 2.4 MMG ~ WATER STORAGE TANK WHEREAS, plans were prepared by AEC -- Engineers & Designers, Min- neapolis, Minnesota, for the City of Dubuque for cleaning, repairing and painting of the 2.4 MMG Asbury Water Storage Tank; and WHEREAS, plans and specifications were completed and dated November 4, 1988, for this project; and WHEREAS, the City Council on November 7. 1988 anthorized and directed the City Clerk to advertise for proposals on this project with a receipt date of December 15, 1988; and 16, 1989 15 ~' ~ ~b~s~:: Councl[ x¥1emoer r r a~. ~i~~ ~d [ I~G COMMISSION -- One unexp~ed Al~na~ B for the clea~, rep~ng Term w~ch ~H exp~e 8-17-89. Appli- and painting of the internal portions of the tank; and wHEREAS bids received on Decem- ber 15, 1988, ranged from a low under Alternate A of $154,775.00 to a high of $266,000.00 and under Alternate B from a low of $118,600.00 ~o a high of $227,000.00; and WHEREAS, AEC -- Engineers & Designers have evaluated the bid submit- tale and interviewed the low bidder and have made a determination that the low , bidder is not qualified to perform in an effective and timely methodology the work stipulated in the specifications and have recommended that the contract not be awarded to the low bidder; and WHEREAS, there are reservations on the limited financial resources of the second low bidder; and WHEREAS, it seems appropriate that the specifications be rewritten ~o be more specific on experience, quniificatians and financial resources of potential cantrac- tors for this project. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That all the bids received on December 15, 1988 for the cleaning, repairing and painting of the 2.4 M..tMe~ Asbury Water Storage Tank be reject . Section 2. That the plans and specifica- tions be modified to incorporate more specifies relative to the experience, qualifications and financial resources and new proposals be solicited for this project. Passed, approved and adopted this 16th day of January, 1989. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueaner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Hcekmann, cant(s): Janet Busch. Council Member Kluesner moved that Janet Busch be appointed to the Hous- ing Commissian to fill an unexpired term which'will expire 8-17-89. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicb, Heckmann, Kluesuer, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 15-89 BE IT RESOLVED by the City Coun- ~ of Dubuque, Iowa, that the following have complied with the provi- sions 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 witinn said City. Wayne A. Deutech Main Street Billiards 163 Main St. Passed, approved and adopted this 16th day of January, 1989. James E. Brady Mayor Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Haskrnann, Klueener, Simon, Vcetberg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 1~89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for Approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubnque, Iowa, that the Manager 16 Regular Session~, January 16, 1989 be authorized to cause to be issued to the following named applicante a Beer Permit. CLASS "C" BEER PERMIT Iowa Oil Company IOCO Speede Shappe 3200 Central (Also Sunday Sales) Passed, approved and adopted this 16th day of January, i989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daieh moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dc/ch, Heckmarm, Klusener, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 17-89 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- enpied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE American Marine of Iowa, Inc. Yardarm Eagle Point (Also Sunday Sales) Robert Splegelhaiter Clubhouse 2364 Washington Michael J. Weber Mike's Ten Pin Tap 601 Rhamberg (Also Sunday Sales) Roger H. Kunde Goraers 1105 University Wayne A. Deutsch Main Street Billiards 163 Main St. (Also Sunday Sales) Passed. approved trod adopted this 16th day of January, 1989. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion 6f the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heskmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Fi'att. Printed Council Proceedings for the month of August, 1988 for Council ap- proval, presented and read. Council Member Simon moved that the proceedings be approved as printed. Seconded by Council Member Vostberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Kluesner, Simon, Voetherg. Nays--None. Absent--Council Member Pratt. MINUTES SUBMITTED: Housing Code Appeals Bd. of 12-21; Housing Comm. of 12-14; Park & Recreation Comm. of 12-19; Plumbing Bal. of 12-I9; Public Library of 12-13; Human Rights Comm. of 1-9, presented and read. Council Member Simon moved that the minutes be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Simon, Vestberg. Nays--None. Absent--Council Member Pratt. NOTICES OF CLAIMS/SUITS: Louis Clark, in amt. of 5170 for sewer back-up damages; John Corbett in amt. of $53,67 for car dmnages; Bill & Peg Hailahan in amt. of $150 for sewer back-up damages; Wm. Hallahan in anat. of $320 for back- up sewer damages; Paul Mennlng in unknown amt. for vehicle damages; Wm. Miller in amt. of $80.63 for car dan~ages; Anthony J. Mills in est. amt. of $1525.67 for car damages; Eugene Purnhage in unknown amt. for personal injuries; Patxiaia & Jerry Scott, before Small Claims Court, in amt. of $2000 for back up sewer damages, presented and read. Council Member Simon moved that the claims and suits be referred to the Legal Staff for investigation and report. Re ular Session, January Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Abeent--Cunncll Member Pratt. Communications of Corporation Counsel recommending closure/denial of following claims; Carl Burbesh who al- leged improper inspection of sanitary sewer; Ronald Fishnick for damage to auto; Norman Kirch for car damage; Ar- thor Tigges for damage to car; Personal injury claim of Ruth A. Huggins; Car dmnage claim of Milwaukee Insurance on behalf of their client Arnold Henry, presented end read. Council Member Simon moved that the communications be received and filed end approved recommendations. Secunded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of Corporation Coun- sel recommending settlement of exterior door damagedloes of rent claim of James J. Klauer in the amt. of $265, presented and read. Council Member Simon moved that the communication be received and filed and approved settlement with Finance Dires- tar to issue tho check. Seconded by Coun- cil Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Vcetberg. Nays--None. Absent--Council Member Pratt. Proof of publication on List of Claims paid for month of November, 1988; Notice of Intent to file a request of Calen- dar Year 1989 Block Grant Funds for various projects; Notice of Finding of No Significant Effect on the Environment for various projects, presented and read. Council Member Simon 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 Deich, Heckmmm, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of David Woedyard objecting to "Sexual Orientation" 16, 1989 17 amendment, presented and read. Coun~ 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 Dc/ch, Heskmaun, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of City Manager re- questing authority to publish request for release of CDBG funds for Precision Tool and Engineering, Inc. Project, presented tnd 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 Daich, Heckmann, Kluesner, Simon, Vcetberg. Nays--None. Abeent--Cenncll Member Pratt. RESOLUTION NO. 184~9 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, Iowa, in conformance with the En- dronmental Review Procedures for the Community Development Block Grant Program, convened en Ad Hoc Commit- ~e on December 9, 1988 which completed an environmental assessment of the following: Precision Tool and Engineering, Inc.; and WHEREAS, pursuant to Resolution No. 11-89 adopted January 3, 1989, public no[ice of a "Finding of No Signifi- cant Effect on the Environment" for the above projects was published January 4, 1989 in the Dubuque Telegraph Herald, a newspaper of general circulation, and p~ovided for a public comment period un- [il 12:00 Noon on Friday, January 20, 1989; and WHEREAS, public notice of a "Find- lng of No Significant Effect on the En- vironment'' for the projects was sent by regular marl to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be 18 Regular Session January 16, 1989 appropriate 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 submission of a request to the U.S. Department of Hous- ing and Urban Development £or 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 the projects shall con- tinue to remain on file in the Office of the City Clerk where said record may be ex- amined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment a request for release of funds to undertake the said 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- vironmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Depm~ment 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 Federal 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 hereby author- ized and directed to execute a certifica- tion 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 for Release of Funds in the form of Public Notice attached hereto and made a part thereof. Passed, approved and adopted this 16th day of January, 1989. Janms E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetherg. Nays--None. Absent--Council Member Pratt. Communication of Swiss Valley Farms, Co. submitting their Audit Report for their fiscal year ending September 30, 1988, presented and read. CouncilMemher Simon moved that the communication be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Heckmann, Kinesner, Simon, Voetberg. Nays--None. Aheont--Councll Member Pratt. Communication of City Manager sub- mitring the City of Dubuque's Annual Financial Report and Audits for the fiscal year ending June 30, 1988, 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 Dsich, Heckmann, Kluesner, Simon, Voetherg. Nays--None. Absent--Council Member Pratt. Iowa DOT adivising of amendment to application to the Chief Judge for proper- ty owned by Linehan & Molo, Inc., Notice of Condemnation of certaln tights for Primary Road No. U.S. 61 for Linehan & Molo, Inc. (2 parcels), presented and read. Council Member Simon moved that the notice be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmarm, Kluesner, Simon, Vcetherg. Nays--None. Abeent--Council Member Pratt. Communication of American Trust & Savings Bank requesting approval of Regular Session, January 16, 1989 19 Resolution providing for the release and ~ discharge of trust indenture regarding In- dustrial Revenue Bonds for Inland MolaSses Co., presented and rehd. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetborg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmanu, Kluesner, Simon, Voetharg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 19-89 RESOLUTION CONSENTING TO, JOINING IN, AND APPROVING OF, AMERICAN TRUST & SAVINGS BANK AS TRUSTEE'S RELEASE AND DISCHARGE OF TRUST IN- DENTURE AND RELEASING AND DISCHARGING INLAND MOLAS- SES COMPANY FROM ALL LIEN RIGHTS ARISING UNDER LOAN AGREEMENT, TRUST INDENTURE, REAL ESTATE MORTGAGE, SE- CURITY AGREEMENT, FINANCING STATEMENT AND LEASE ASSIGN- MENT IN CONNECTION WITH INLAND MOLASSES COMPANY PROJECT SERIES 1981 BONDS WHEREAS, pursuant to Resolution No. 294-80, the City of Dubuque, Iowa, autharized the execution of a Memoran- dum of Agreement with Inland Molasses Company providing for the issuance of revenue bonds for the purpose of finan- cing the cost o£ construction and put- chase of buildings and equipment under the provisions o£ Chapter 419 of the 1979 Code of Iowa, and, WHEREAS, pursuant to the terms of the Memorandum of Agreement, the City of Dubuque did cause said bonds to be issued in accordance with the terms of a Loan Agreement with the said Inland Molasses Company which provided that the American Trust & Savings Bank would act as the Indenture Trustee for said bond issue (Inland Molasses Com- pany Project Series 1981 Bonds), and, WHEREAS, the said American Trust & Savings Bank, as the Assignee of the Real Estate Mortgage, Security Agree- ment, Finanring Statement, and Lease Agreement, and as Trustee under the Trust Indenture, has certified to the City of Dubuque, Iowa, the full payment and satisfaction of all obligations incumbent upon Inland Molasses Company arising under the foregoing agreements and released the lien arising under the Real Estate Mortgage, and released and satisfied its security interest arising under the Security Agreement and F nancing Statenmnt and has released its interest arising under the Assignment of Lease, and, WHEREAS, the original Resolution No. 294-80 authorized the officials of the City of Dubuque, Iowa, to take such fur- ther action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Release and Discharge of Indenture of Trust by American Trust & Savings Bank dated the 3rd day of January, 1989, is con- sented to, approved of, and joined in by the City of Dubuque, Iowa. Section 2. That the City of Dubuque does hereby consent to, approve of, and join in the satisfaction, release and discharge of: (1) The Indenture of Trust, dated October 1, 1981, a Memorandum of which was recorded on November 9, 1981, as Instrument No. 6563-81, and the Loan Agreement dated October 1, 1981, a Memorandum of which Loan Agree- ment was recorded as Instrument No. 6564-81 on November 9, 1981; (2) the Real Estate Mortgage granted by Inland Molasses Company to the City of Du- buque, Iowa, dated October 1, 1981, and filed on November 9, 1981 as Instrument No. 6560-81; (3) the Security Agreement given by Inland Molasses Company to the City of Dubuque, dated October 1, 1981; (4) the Financing Statement given by Inland Molassce Company to the City of Dubuque, Iowa, filed on November 9, 1981, as Instrument No. 6565-81; (5) the Financing Statement given by the City of Dubuque, Iowa, to American Trust & Savings Bank, as Trustee, filed November 9, 1981, as Instrument No. 6566-81; and (6) the Aseignment of Lease from Inland Molasses Company to American Trust & Savings Batik, filed November 9, 1981, as Instrument No. 6561-81. Passed, approved and adopted this 16th day of January, 1989. 20 Regular Session, January 16, 1989 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Vcotberg. Carried by the following vote: Yeas--Mayor Brady, Counc'd Members Deich, Heckmann, KIuesner, Simon, Vcotberg. Nays--None. Absent--Canncll Member Pratt. Communication of City Manager pro- riding list of delinquent garbage and refuse collection o~counte, presented and read. Council Member simon moved that the communication be received and fdad. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmaun, Kluesner, Simon, Voetberg. Nays--None. Absent--Canncll Member Pratt. RESOLUTION NO. 20-89 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE AND REFUSE COLLEC- TION ACCOUNTS IN ACCORDANCE WITH SECTION 17-37 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, City garbage and refuse collection from residential premises, as defined in the Code of Ordiances of tbe City of Dubuque, Iowa, is mandatory; and WHEREAS, as of December 31st of each year, delinquent garbage and refuse collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons named heralnunder, owning the property thereby set forth, are delinquent in the payment of refuse collection charges in the amount set aside of the name. NAME AND ADDRESS Dennis O. Clauer 318 Olympic Heights Road Timothy & Geralyn Graybell 1635 West 32nd Street Steven Smith 1800 Radfurd Road Mary G. Corell 1460 Miller Road Alvin & Connie Legrand I553 Southern Avenue Raymond P. & Rovena Grant 1233 Miller Road PROPERTY DESCRIPTION AMOUNT Lot 1-1-2-I-2-1-2-1-1-1-2-1 547.26 S/E-S/W Sec 11, T89 NR2E Lot 3 of Fred Ehrllch's Place $119.95 Lot 1-2-1-1-1-1, Blk 1 $45.77 North Range Industrial Park Lot lw1-1-2-1-1-I~1-1-1-1 $53.01 Mineral Lot 499 (6-1-3-1-18) Lot 1-1-1-6 $64.72 Shiptons RE Sub Lot 1, Volk Place $97.77 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowo, that the persons named her~nbefore are delinquent in the payment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property texes against the respective parcels of property set op- posite the names of the owners. Passed, approved and adopted this 16th day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by .Regular Session, Januar~ the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmarm, Kinesner, Simon, Vcetberg. Nays--None. Absent--Council Member Pratt. Communication of City Manager sub- mitting list of delinquent sewer charges, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetherg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 21-89 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORD- ANCE WITH SECTIONS 36-55 AND 36-59 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, Section 36-55 of the Code of Ordinances authorizes the City to levy 16, 1989 21 and collect just and equitable charges, rates or rentals upon all lots, parcels or real estate and buildings that are cun- nected directly or indirectly with the sanitary sewer system; and WHEREAS, Section 36-59 of the Code of Ordinances provides that the City shall have a lien upon the real property served by the sanitary system for ail delinquent rates hnd charges; and WHEREAS, delinquent sewer charges shall be certified, as of December 31st of each year, by the City Clerk to the Du- buque County Treasurer for collection with, and in the same manner as, general property taxes; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons named hereinafter, owning the following describ- ed property, have unpaid sewer charges in the amount set out, and that said charges are delinquent. NAME AND ADDRESS Timothy & GeroJyn Graybe[I 1635 West 32nd Street Steven Smith 1800 Radford Road Mary G. Core[I 1460 Miller Road PROPERTY DESCRIPTION Lot 3 of Fred Ehr]ich's Place AMOUNT Fee $357.76 Penalty 178.88 Total $536.64 Lot 1-2-1-1-1-1, Blk 1 $ 54.00 North Range Industrial Park Lot 1-1-1-2-1-1-1-1-1-1-1 Fee $128.81 Mineral Lot 499 Penalty 32.08 (6-13-1-18) Total $160.89 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are delinquent in the payment of sewer charges in the amounts set aside of the name. and that said delinquent sewer charges shali be collected in the same manner as general property taxes against the respective parcels of proper- ty set opposite the nan~e of the property Section 3. That the delinquent sewer charges be and the sm'ne shall be col- lected with, and in the same manner as, general property taxes as provided by Passed, approved mad adopted this i6th day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Shann, Vcetberg. Nays--None. Absent--Council Member Pratt. Communication of Steven R. Murphy, TCI Iowa State Manager, pertaining to Cable system rebuild and consent to Franchise transfer, presented and read. Council Member Simon moved that the communication be received and filed and 22 Regular Session referred to the City Manager. Seconded by Council Member Voetberg. Carried by the following vote: Yes--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Veetberg. Nays--None. Absent--Council Member Pratt. There bei~4~ no further business, Coun- cji Member Klueener moved that the meeting adjourn. Secqnded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun, Kinesner, Simon, Voetberg. Nays--None. Absent--Canneil Member I~.att. Meeting adjourned at 10:38 p.m. Mary A. Davis City Clerk Approved -- __ 1989 Adopted _ 1989 Mayor Council Members ATTEST: City Clerk January 16, 1989 Session, January 23, 1989 CITY COUNCIL OFFICIAL Special Session. January 23, 1989. Council Met at 7:00 p.m., at the Public Library Auditorium. Present--Mayor Brady, Council Mem- bers Deich, Heckmann, Khieener, Pratt, Voetberg, City Manager W. Kenneth Gearhart. Abeent--Canncil Member Simon at Roll Call. Mayor Brady read the call and stated this is a SPECIAL SESSION of the City Council called for the purpose to DIS- CUSS AND GIVE DIRECTIONS RE- GARDING THE PROPOSED SWIM- MING POOL(S) PROJECT. Council Member Simun entered the Chambers at 7:19 p.m. Gll Spenee, Park & Rec. Director, in- troduced Mark Sullivan, Chairperson of Swimming Pool Committee and Dave Schwartz, Engineer for Larkin Asso- ciates Consulting Engineers. They pre- sented proposed plans and proposals for the project and also expressed the need for the project and committee goals. Discussion ensued regarding the prc~ posed project and Special Election. RESOLUTION NO. 2~89 RESOLUTION CALLING A SPECIAL CITY ELECTION WHEREAS, the City of Dubuque, Iowa, proposes to contract indebtedness and issue general obligation bonds to pfc- vide funds to pay costs of a general cor- porate purpose project hereinafter described; and WHEREAS, Section 384.26 of the City Code of Iowa, provides that before the Council of a City may institute pro- ceedinge for the issuance o£ bonds for a general corporate purpose, it shall call a special eity election to vote upon the pro- position of issuing said bonds in aeeor- dance with the provisions of said statute; and WHEREAS, neither the proposal for the issuance of the bonds hereinaRer set forth, nor any other proposal incor- 23 porating any portion of it, has or will have been subniltted to the electors of the City for a period of more than slx months prior to the date of election hereinafter provided; and WHEREAS, The Dubuque Telegraph Herald, is a legal newspaper, printed wholly in the English language, as de- fined by Section 618.3 of the Code of Iowa/and is published in said City and of general circulation therein; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That there is hereby called a special city election on Tuesday, the 14th day of Mm'ch, 1989, at which elec- tion there shall be submitted to the qualified electors of said City the follow- ing question, to-wit: "Shall the City of Dubuque, Iowa issue its bonds in an amount not exceeding the amount of $3,245,000.00 for the purpose of reconstructing, improving and equipping of swimming pools?" Section 2. That the voting place or places for said alection, and the hours the polls shall be opened and closed shell be as set out in the notice of election, said notice to be prepared and approved by the County Commissioner of Elections. Section 3. That the form of ballot to be used at said election shall be as follows: (a) in those precincts using paper ballots they shall be printed of some color other than white, pursuant to the provisions of Section 49.43 of the Code of Iowa; sub- stantially in the form set forth in the Notice of Election, and (b) in those precincts using voting machines, if any, they shall be printed in black ink on clem', , of such size as will fit the bailot frame, and in as plain, clear type as the space will reasonal~ly permit, pur- suant to the provisions of Section 52.10 of the Code of Iowa, substantially in the form set forth in the Notice of Election. That said notice shall show the names of all cm~didatos or nominees and the office each seeks, if any, and if more than one ,e submitted to the electors at the time of the said election, all such measures shall be printed upon one ballot. Section 4. That the Election Board for 24 Regular Session, January 23, 1989 the voting precinct or precincts shall be appo'mtod by the County Commissioner of Elections, not less than 15 days before the date of said election, a certified copy of winch appointment shall be officially placed on file in the office of the Clerk of said City. Section 5. That the Auditor of Du- buque County, Iowa, ,being the County Commissioner of Elections, is hereby directed to publish the notice of election once in The Dubuque Telegraph Herald, being a legal newspaper, printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, published in said City and of general cir- culation therein, said pubficatian to be not less than four clear days nor more than twenty days prior to the date of said election. Section 6. That the County Commis- sioner of Elections shall cause to be prepared all such ballots and election registers and other supplies as may be necessary for the proper and legal con- duct of scid election. The Clerk is hereby authorized and directed to cooperate with said Commissioner of Elections and to do and prepare all necessary matters in order to make said electian legal and valid. Section 7. That the Clerk is hereby directed to file a certified copy of this resolution in the office of the County Commissioner of Elections, which filing shall also constitute the "written notice" to the County Commissioner of Elections of the election date required to be given by the governing body under the provi- sions of Chapter 47 of the Code of Iowa. Passed, approved and adopted this 23rd day of January, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetherg. Carried by the follow- Lng vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. There being no further business, Coun- cil Member Kluesner moved to adjourn. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Meeting ad- journed at 8:42 p.m. Mary A. Davis City Clerk Approved 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk Special Session, January 31, 1989 25 CITY COUNCIL OFFICIAL Special Session. January 31, 1989. Council Met at 4:30 p.m. in the Con- ferance Room "B" City Hall. Present--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt; Simon, Voetberg, City Manager W, Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated tins meeting is called for the purpose TO CONSIDER A RESOLUTION AP- PROVING A PROJECT AGREE- MENT WITH IDOT REGARDING THE HIGHWAY #61 PROJECT. Communication of City Manager recommending approval of proposed preconstruction Agreement with the Iowa DOT for Highway #61 Project, presented and read. Council Member Kluesner 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, Vcetberg. Nays--None. RESOLUTION NO. 23-89 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PRECONSTRUCTION AGREEMENT RELATED TO THE HIGHWAY 61 PROJECT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, a Primary Road Exten- sion Improvement Agreement was sign- ed between the City of Dubuque and the Iowa Department of Transportation on March 6, 1973, and April 4, 1973; and WHEREAS, the design of this facili- ty has been consummated by the Iowa Department of Transportation and the Department now has plans for awarding contracts for the construction of this facility; and WHEREAS, this project will be the reconstruction of U.S~ Primary Highway 61 located within the City beginning on existing alignment approximately 120~ north of Grandvlew Avenue and extend- lng northerly and easterly to U.S. 61/Mississippi River bridge in addition to other improvements; and WHEREAS, the Preconstruction Agreement identified as LD.O.T. Agree- ment #87-4-210 describes the scope of the project and the responsibilities of the respective parties, the Iowa Department of Transportation and the City of Du- buquei and WHEREAS, the City, on execution of this agreement, is agreeing to the adop- tion of Ordinances and Easements on City owned land to the railroads for the construction, maintenance and operation of their facfllties, these Ordinances and Easements being adopted by the City Council after appropriate notices and hearing as required by State Statute. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council ap- proves the Preconstruction Agreement identified as I.D.O.T. Agreement #87-4-210 relative to the construction of U.S. Highway 61 and associated ira- provements in the City of Dubuque, Iowa. Section 2. That the Mayor be autberiz- ed and directed to execute two (2) copies of this Preconstruction Agreement with the Iowa Department of Transportation. Passed, adopted and approved this 31st day of January, 1989. James E. Brady Mayor ATTEST: City Clerk Council Member Kluesner moved adolY tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dff~ch, Hcekmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. There being no further business, Coun- cil Member Kluesner moved to adjourn. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 5:00 p.m. 26 Regular Session, January 31, 1989 Approved Adopted Mary A. Davis City Cierk 1989 1989 Mayor Council Members ATTEST: City Clerk Regular Session CITY COUNCIL OFFICIAL Regular Session, February 6, 1989 Council Met at 7:30 p.m., at the Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesner, Pratt, Voet- berg, City Manager W. Kenneth Gear- hart, Corporation Counsel Barry A. Lindahl. Absent: Council Members Simon, Heckmarm. 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 Rev. An- drew Oppedahl, Pastor of St. John's Lutheran Church. PROCLAMATION(S): Week of Feb- mary 19-25 as "National Engineers Week" received by Ken Bueelng and Hugh Dalton; Month of February as "American History Month." Frank Murray, Public Works Dhnctor, presented a SPIRIT related Action Recognition Certificate to William Kelly. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance approving an Amended Conceptual Development Plan for the PC District located north of Dodge Street and East of Wacker Drive, presented and read. There were no writ- ten objections received and no oral objec- tors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and fried. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. CounCil Member Kluesner moved that the rnies be suspended to allow anyone to address the Council. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, February6, 1989 27 Veetherg. Nays--None. Absent--Cotmcil Members Heckmann, Simon. Gordie Mills and Richard Davis re- quested favorable ac~on on the proposed Ordinance. ORDINANCE NO. 1-89 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 "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA", BY AP- PROVING AN AMENDED CONCEP- TUAL DEVELOPMENT PLAN FOR THE PC PLANNED COMMERCIAL DISTRICT' LOCATED NORTH OF DODGE STREET AND EAST OF WACKER DRIVE, said Ordinance hay- lng been presented and ~ad at the Coun- cil Meeting of January 16, 1989, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 1-89 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 "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA", BY AP- PROVING AN AMENDED CONCEP- TUAL DEVELOPMENT PLAN FOR THE PC PLANNED COMMERCIAL DISTRICT LOCATED NORTH OF DODGE STREET AND EAST OF WACKER DRIVE. WHEREAS, Richard L. Davis, owner and applicant, has filed an amended Con- ceptual Development Plan for certain properties hereinafter described in aeeor- dance with provisions of the PC Planned Commercial District regulations as set forth in Section 3-3.8D of the Cede of Or- dinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hearing on said amended Conceptual Development Plan pursuant to required published notice; and WHEREAS, the Planning and Zoning Commission has approved said amended