1989 February Council ProceedingsRegular Session January 31, 1989
Approved
Adopted
Mary A. Davis
City Clerk
1989
1989
Mayor
Council Members
ATTEST:
City Clerk
Regular Session,
CITY COUNCIL
OFFICIAL
Regular Session, February 6, 1989
Counc'd Met at 7:30 p.m., at the Public
Library Auditorium.
Present: Mayor Brady, Council
Members Delch, Kluesner, Pratt, Veer-
berg, City Manager W. Kenneth Gear-
hart, Corporation Counsel Barry A.
LindahL
Absent: Council Members Simon,
Heckmann.
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-
ruary 19-25 as "National Engineers
Week" received by Ken Buesing and
Hugh Dalton;
Month of February as "American
History Month."
Frank Murray, Public Works Director,
presented a SPIRIT related Action
Recognition Certificate to William Kelly.
Prcof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider au Ordinance approving an
Amended Conceptual Development Plan
for the PC District located north of
Dedge 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 K!uesner 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,
Kluesner, Pratt, Vcetherg. Nays--None.
Absent--Council Members Heckmann,
Simon.
Council Member Kluesner moved that
the rules be suspended to allow auyone
to address the Council. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kiuesner, Pratt,
February 6, 1989 27
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
Gordie Mills and Richard Davis re-
quested favorable action on the proposed
Ordinance.
ORDINANCE NO. 1-88
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
"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 hav-
ing been presented and read 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 accor-
dance with provisions of the PC Planned
Commercial District regulations as set
forth in Section 3-3.8D of the Cede of Or-
dinancee, Append{x 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 Plauning and Zoning
Commission has approved said amended
28 Regular Session,
Conceptual Development Plan subject to
specific conditions and restrictions hay-
lng found that said plan conforms with
the review standards applicable to such
plans as set forth in Section 3-3.8D(4) of
the Cede of Ordinances, Appendix A
thereof, of the City of Dubuque, Iowa;
and
WHEREAS, the Planning and Zoning
Corem/se/on recommended the concur-
fence of the City Council and approval
of said an~ended Conceptual Develop-
ment Plan; and
WHEREAS, the City Council has
received the ~ecommendation of the Plan-
ning and Zoning Commission and has
held its own public hearing on said
amended Conceptual Development Plan
pursuant to required published notice;
and
WHEREAS, the City Council has ap-
proved said amended Conceptual
Development Plan subject to the same
specific conditions and restrictions.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section L That in order to accomplish-
the purposes of the "PC Planned Com-
mercial District" of the Zaning Ordinance
of City of Dubuque, Iowa, the amended
Conceptual Development Plan, a copy of
which is attached to and made a part
hereof, is hereby adopted and approved
for the following described property, to
wit:
Lot 1 in Hawkeye Highway No.
20 Place, and to the center line of
the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 2. That in order to accomplish
the purposes of the "PC Planned Com-
mercia[ District" and of the Zoning Or-
dinance, the property hereinabove
described is subject to the following con-
ditions and restrictions;
A. Use Regulations.
The Icl/owing regulations shall apply to
all uses made of land in the above
described PC Planned Commercial
District:
1) The principal permitted uses shall
be limited to:
a) Hardware store [17]
b) Flowers/garden stores/comer'
cia[ greenbouse [17]
February 6,___1989
c] Shoe repair [18]
d) Commercia[ art gallery [17]
e) Bakery, wholesale/commer-
ciai/retail [19]
f) Indoor restaurant [20]
g) Bar/tavern
h) Supermarket [17]
i) Clothing/accessory store [17]
j) Shoe store [171
k) Sewing/fabric store
1) Tailoring/alterations [18]
m) Booka/statianery store [171
n) Gifts/souvenir shop [17]
o) Toys/bebby shop [17]
p) Sporting goeds sales and rental
[171
q] Bicycle shop sales and rental
[17]
r) Camera/photo supply store [17]
s) Fro. n/tuts/heine furnishing [27]
t) Appliance sales and service [27]
u) Radio/tv, etc. sales and service
[171
v) Computer sa[es and service [17]
w) Music store (sales/rental) [17]
x) Catalog center [28]
y) Lanndermat [22]
z) Furniture upliolstery repair [18]
aa) Artist studio [5]
bb) Photographic studio [23]
cc) Neighborhood shopping center
[17]
rid) Business services [29]
se) Indoor amusement center [23]
fi) Office supply [19]
gg) Indoor theater [48]
hh) Indoor recreational facilities
[37]
ii) prhiting/publishing [32]
jj) Auto service centers (TBA) [34]
kk) Auto parts/supply [171
ii) Local shopping center
mm) Parking structures [NA]
nn) Wholesale sales/distributor [29]
oo) Jewelry store [171
pp) Genera[ office [14]
qq) Medical office/clinic [36]
rr) Dental/medics/lab
ss) Persona[ services [14]
tt) Barber shop/beauty shop [17]
uu) Grocery store [17]
vv) Drug store/health care supplies
[171
ww} Laundry/dry cleaners [191
xx) Department stores [17]
2) Accessory uses shall be limited to
any use customarily incidental and subor-
d/hate to the principal use.
B. Lot and Bulk Regulations.
Regular Session
Developable of land in this particular PC
planned Commercial District shall be
regulated as follows:
1) All structures shall be a minimum
of 40' from the front property line ad-
joining Dedge Street and Wacker Drive.
b) No building or structure can ex-
csed 40 ' in height.
C. parking Requirements.
The off-strect parking requirements
for the principal permitted use for the
herein described PC Planned Conunercia[
District shall be designated by a bracket-
enclosed anmber next to the use, as
described in Section 4-2.7 of the Zonhig
Ordinance of the City of Dubuque.
D. Signs.
1) The sign regulations shall be the
same as that winch are allowed for shop-
ping centers in the C-3 Commercia[
District as provided in Section 4-3.11,
Schedule of Sign Regulations.
E. Site Plan Provisions.
The site development standards for this
PC planned Conuneraiai District shall be
as follows:
1) The landscaping and screening re-
qinremente shall be established in ascot-
dance with the requirements of Section
4-5 of the Zoning Ordinance of the City
of Dubuque. All other site development
standards of Section 4-4 shall apply.
F, Time Limitation.
The timetable for construction and sub-
mittal of a final site development plan
shall be established in conformance with
the following standards:
1) The Conceptual Development plan
shall be valid for a period of three years,
provided a final site development plan is
submitted within one year from the date
of adoption.
G, Transfer of Ownership.
Transfer of ownership or lease of prc-
petty in tins PC Planned Commercial
District shall include the transfer or lease
agreement, a provision that the pur-
cbaser or lease acknowledges awareness
of the conditions authorizing the estab-
lishmeaat of tins district.
Section 3. That a final site development
plan shall be approved by the City
Development Planner if found to be in
February 6, 1989 29
conformance with the approved Concep-
tuai Development Plan. If found to be in.
conformance with said plan, the issuance
of building permits shall be permitted.
Following approval of the final site
development plan, no construction may
take place except in substantial coufor-
mance with such plan.
Passed, approved and adopted this 6th
day of February, 1989.
Jmnes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ORDINANCE NO. 1~89
I, Ricbm'd L. Davis, having read the
terms and conditions of the foregoing Or-
dinance No. 1-89 and being familiar with
the conditions thereof, hereby accept tins
stone and agree to the conditions required
therein.
Dated in Dubuque, Iowa, this 19th day
of February, 1989.
By: a/Richard L. Davis
Published officially in the Telegraph
Herald newspaper this 28th day of
February, 1989.
Mary A, Davis
City Clerk
It 2/28
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members De/ch, Kluesner, Pratt,
Voetberg. Nays--Note. Absent--Council
Members He&mann, Simon.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider an Ordinance reclassifying
properties at 1022 and 1016 Langworthy
and other vacant property from R-2
District to ID District and approve a
Conceptual Development Plan for the
Mercy Health Center/Medical Associates
C/i/nc District, presented and read. There
were no written objections received at the
time of the Hearing.
Council Member Voetberg moved that
the proof of publication be received and
filed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
30 Regular Session February 6, 1989
Mayor Brady, Council Members Klues-
net, Pratt, Voetherg. Nays--Council
Member Deich. Absent--Council Mem-
bers Heckmann, Simon.
Petition of Mercy Health Center
and Medical Associates requesting
that the "Performance Standards"
contained in the proposed Ordinance
be amended as submitted, presented and
read.
Sister Helen Huewe from Mercy
Hospital and Dr. Robert Meigaard,
from Medical Associates, requested
favorable passage of the Ordinance. Jim
Shroeder, Charlie Kurt and Bob Molo.
also encouraged passage of the Or-
dinance.
Counc'fl Member Voetberg moved that
the petition be received and filed and ap-
proved. Seconded by Council Member
Pratt. Con'ied by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Pratt, Voetberg. Nays--
Council Member Deich. Absent--council
Members Heckmann, Simon.
Council Member Voetberg moved that
this be considered the second reading of
an ORDINANCE Amending Zoning Or-
dinauce of the City by reclassifying pro-
perty from R-2 Two Family Residential
District to ID Institutional District and
to approve a Conceptual Development
Plan for the Mercy Health Center/
Medical. Associates Clinic ID Institu-
tlonal District, as amended. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Pratt, Voet-
berg. Nays--Council Member Deich.
Absent--Council Members Heckmann,
Simon.
Proof of publlcatlon, certified to by the
Publisher, on Notice of Public Hearing
on Plans and Specifications for the
Northwest Arterial, Phase III, PCC Pav-
ing and Intersection hnprovemente,
presented and read. No written or oral
objections.
Council Member Kluesner moved that
the proof of publication be received and
fred, Seconded by Court(rd Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Voetherg. Nays--None.
Absent--Council Members Heckmann,
Simon.
'- RESOLUTION NO. 24-89
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 28th day of
December, 1988, plans, specificiations,
form of contract and estimated cost were
filed with the City Clerk of Dubuque,
Iowa, for the Northwest Arterial, Phase
III, P.C.C. Paving and Intersection Ira-
provements; and
WHEREAS, notice of hearing on
plans, specifications, form of contract,
and estimated cost was published as re-
qnired by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans, specifica-
tions, form of contract and estimated
cost for said improvements for said
project.
Passe(l, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resalutlon. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Veetberg. Nays--None. Absent--Council
Members Heckmaun, Simon.
Proof of publicatlon, certified to by the
Publisher, on Notlce to Bidders on the
receipt of bids for above project AND
Communication of City Manager recom-
mending to award contract for above pro-
ject to Flynn Co., Inc., presented and
read.
Council Member Kluesner moved that
the proof of publication and communica-
tions be received and flied. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetherg. Nays--None. Absent--Counc?fl
Members Heckmann, Simon.
RESOLUTION NO. 25-89
AWARDING CONTRACT
Regular Session February 6, 1989 31
WHEREAS, sealed proposals have
been submitted by contractors for the
Northwest Arterial, Phase III, P.C.C.
Paving and InterseCtion Improvements
pursuant to Resolution No. 4-89 and
notice to bidders published in a
newspaper published in the City of Du-
buque. Iowa on the 12th day of January,
1989.
WHEREAS, said sealed proposals
were opened and read on the 20th day of
January, 1989 and it has been determin-
ed that the bid of the Flynn Company,
Inc. Isubject to the Federal Highway Adi
ministration concurrence) of Dubuque in
the amount of $472,654.09 was the
lowest bid for the furnishing of all labor
and materials and performing the work
as provided for in the plans and speci-
fications.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the contract for the above im-
provement be awarded to the Flynn Com-
pany, Inc. (subject to the Federal
Highway Administration concurrence)
and the Manager be and is hereby
directed to execute a contract on behalf
of the City of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approved and adopted this 6th
day of Febraary, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Counc'd Member Kluesner moved adop-
tion of tbe Resolution. 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.
Adjournment of Public Hearing on
reclassifying property at 3606 and
3606V~ Crescent Ridge from R-1 to LI
District. presented and read.
Council Member Pratt moved that the
public hearing adjounx to the Council
Meeting of 2-20-89. Seconded by Coun~
cfi Member Vcetherg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetberg. Nays--None. Absent-.Council
Members Heckmmm, Simon.
Council Member Pratt moved that this
be the second reading of an OR-
DINANCE Amending Zoning Ordinance
by reclassifying property at 3606 and
3606V~ Crescent Ridge from R-1 Single
Family Residental District to LI Light
Industrial District. Seconded by Council
Member Voetberg. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Pratt,
Voetberg. Na~s--None. Absent--Council
Members Heckmann, Simon.
Communication of City Manager sub-
mitring au Ordinance to revise the
Residential Hous'mg Code of the City and
a Resolution providing that Residential
Housing Code Fees be revised, and
recommending a Public Hearing be held
on the Ordinance and Resolution, pre-
sented and read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Counc'd Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
An ORDINANCE Amending the Code
of Ordinances of the City of Dubuque by
repealing Chapter 20 and enacting a new
Chapter 20 in lieu thereof to comprehen-
sively revise the Residential Housing
Code, presented and read.
Council Member Kluesner moved that
this be considered the first reading of the
Ordinance and that it be set for Public
Hearing on March 20, 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 fallowing vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmmm, Simon.
A Resofutinn Providing for the
establishment of a new "Schedule A,
Residential Housing Code Fees",
presented and read.
32 Regular Session February 6, 1989
Council Member Kluesner moved that
this Resolution be set for a t'ubllc Hear-
ing on March 20, 1989 at 7:30 p.m. in the
Public ]Abrary Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Voetherg. Carried by the follow-
ing vote: Yeas--Mayor Bredy, Council
Members Deich, Kluesner, Pratt, Voet-
berg. Nays--None. Absent--Council
Members Heckmann, Simon.
Communication of City Manager sub-
mit~ng documents providing for the con-
structinn of Gillespie Street Sanitary
Sewer, presented and read.
Council Member Kluesner moved that
the communication be received and fried.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Klues-
ner, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
RESOLUTION NO. 26-89
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed pla~s, specifications,
form of contract and estimated cost for
the Construction of Gfilespie Street
Sanitary Sewer, in the estimated amount
of $33,164.67, are hereby approved and
ordered filed in the office of the City Clerk
for public inspection.
Passed, approved and adopted tbJs 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Coundfl Member Kluesner moved adop-
tion of che Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Coundl Members Delch, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
RESOLUTION NO. 27-89
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa, has glven 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 tbe
Construction of Gfilespie Street Sanitary
Sewer.
NOW, TtIEREFORE, BE IT RE-
SOLVED that on the 6th day of March,
1989, a public hearing will be held at 7:30
p,m. in the Public Library Auditorium at
which time interested persons may ap-
pear and be henrd for or against the pro-
posed plans and specifications, form of
contract and cost of said improvement,
and the City Clerk be and is hereby
directed to cause a notice of time and
place o£ such hearing to be published in
a newspaper having general circulatinn
in the City of Dubuque, Iowa, which
notice shall not be less than four days nor
more than twenty days prior to the day
fixed for its consideration. At the hear-
ing, any interested person may appear
and file objections to the proposed plans,
specifications, contract, or estimated cost
of the improvement.
Passed, approved ~u~d adopted this 6th
day of February, 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 Dcich, Kluesner, Pratt,
Voetherg. Nays--None. Absent--Council
Members Heckmann, Simon.
RESOLUTION NO. 28-89
RESOLUTION OF NECESSITY
WHEREAS, proposed plans have been
duly prepared and approved by the City
Council of the City of Dubuque and are
now on file in the office of the City Clerk
showing among other things the plans,
specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount proposed
to be assessed against each lot and the
valuation of each lot as fixed by the City
Council, for tbe Construction of Gfilespie
Street Sanitary Sewer.
Regular Session
BE IT THEREFORE RESOLVED
that the City Council deems it advisable
mad necessary for the public welfare to
make the herein mentioned improvement,
and ufiless property owners at the time
of the final consideration of this proposed
resolution have on fde with the City Clerk
objections to the resolution of necessity,
they shall be deemed to have waived all
objections per teJnlng to the regularity of
the proceeding and the legality of using
the special assessment procedure.
Said improvements shall be con-
structed and done in accordance with the
plans and specifications which have been
approved by the City Council and are
now on file with the City Clerk. That the
cost and expense of m~dng said improve-
ment will be assessed partially or total-
ly against privately owned property ly-
ing within the assessment limits, and in
an amount not to exceed that provided
by law, and in proportion to the special
benefits conferred.
The portion of the cost which shall be
borne by the City will be paid from the
Sanitary Sewer Construction lhlnd, and
special assessment bonds may be issued
in anticipatinn of deferred payments of
assessments when a contract has been
performed and accepted, and the pro-
ceeds thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered placed on f'de with
the City Clerk this 6th day of February.
1989.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmarm, Simon.
RESOLUTION NO. 29-89
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
February 6, 1989 33
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, for
the Construction of Gillespie Street
Sanitary Sewer, and,
WHEREAS, the proposed Resolution
of Necessity for said improvement has
been introduced and is now on file in the
City Clerk's office for public inspection.
NOW, THEREFORE, BE IT RE-
SOLVED. that on the 6th day of March,
1989, a public hearing will be held at 7:30
o'clock p.m. in tho Public Library
Auditorium in the City of Dubuque at
which time the owners of property sub-
ject to assessment for the proposed im-
provement or auy other person having an
interest in.the matter may appear and be
heard for or against the making of the im-
provement, the boundaries of the district,
the cost, the assessment against any lot,
or the final adoption of a resolution of
necessity, and the City Clerk be and is
hereby authorized and directed to cause
a notice of time and place of such hear-
lng to be published in a newspaper hav-
ing general circulation in the City of
Dubuque, Iowa, which notice shall be
published once each week for two con-
secutive weeks, the first publication of
which shall be not less than ten days
prior to the day fixed for its conaidera-
tion. Unless property owners at the time
of the final conslderation of this proposed
resolution have on file with the City Clerk
objections to the Resolution of Necesai-
ty they shall be deemed to have waived
all objections thereto.
Passed, approved and adopted this 6th
day of February, 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,
Counc'd Members Deich, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
RESOLUTION NO. 30-89
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
34 Regular Session February 6, 1989
That the attached sheets, I to i in-
ciusive, are hereby determined to be the
schedule of proposed assessments for the
Construction of G]llespie Street Sanitary
Sewer aud tbe valuations set out herein
are hereby approved.
Passed. approved and adopted tins 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Cotmcil Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
fo]lowing vote: Yeas--Mayor Brady,
Council Members Deich, Kinesner, Pratt,
Voetberg. Nays--None. Absent~Cowacil
Members Heckmaun, Simon.
Communicatinn of City Manager
recommending a Public Hearing be set
providing for the disposition of parcels
of City owned property and the granting
of access control and temporary ease-
ments on other parcels of City-owned pro-
perty to the IDOT for the construction
of the relocated Hwy. #61 Project,
presented and read.
Council Member Kluesner moved that
the communicatinn be received and filed.
Seconded by Council Member Pratt~ Car-
ried by tbe following vote: Yeas--Mayor
Brady, Council Members Dcich, Kines-
net, Fr/ttt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
RESOLUTION NO. 314~9
RESOLUTION OF THE INTENTION
OF THE CITY OF DUBUQUE TO
DISPOSE OF CITY'S INTEREST,
IN GRANTING OF TEMPORARY
EASEMENTS, AND IN CONSENT-
ING TO ACCESS CONTROL ON
CITY OWNED PROPERTY TO THE
IOWA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the Iowa Department of
Transportation and the City of Dubuqae,
Iowa, entered into au agreement for the
Freeway 561/Relocated 61 project, agree-
ment identlfed as IDOT #73-P-024 and
executed by the City of l~abuque and the
Iowa Department of Transportation on
Marcb 6, 1973 and April 4, 1973 respec-
tively; and
WHEREAS, provisions of this agree-
ment are that the City shall be responsi-
ble for providing without cost to the
State all right-ofiway which involves a)
dedicated streets or oReys; b) other City
owned properties subject to the condi-
tions the State shall ralmburse tbe City
for the value of the improvements sit-
uated on such City owned property; and
WHEREAS, the Iowa Department of
Transportation has the need for acquisi-
tion of the following described property
for the Relocated 61 project "Parte of
Block 1 of Dubuque Packing Additinn,
Lot 2 of Lot 506, Lot 1 of Lot 507, and
Lot 508" all in the City of Dubuque and
as described on the plat attached to a
Parcel Acquisition Contract indentified
as Project No. F-61-8(22)--20-31 and con-
sidered a part herein; and
WHEREAS, the Iowa Department of
Transportation also is requesting that
the City convey all its rights of direct ac-
cess to Highway U.S. 61 from Sra.
252 + 62 -+ PL to Sta. 254 + 32-+ PL as
identified on project plans; and
WHEREAS, the Iowa Department of
Transportation is requesting the City to
grant them a temporary easement on the
City's property for the purpose of con-
structing a bridge from Sra.
252+62±PL to Sra. 254+32±PL, a
strip 100 feet wide, East side as
measured from the centerline of the pro-
posed highway as shown on the project
plans. Said temporary easement shall
minate upon completion of tins inghway
project; and
WHEREAS, the Iowa Department of
Transportation is requesting a temporary
easement for land associated with the
construction of the 3rd Street overpass
City on property described as property
C.L. 192, original Town of Dubuque and
parts of Block E and Block D, Booth ad-
ditlon, and vacated Market Street. Said
temporary easement to be terminated
upon completion of the Highway project;
and
WHEREAS, the Iowa Department of
Transportation is requesting a temporary
easement upon the property between 2nd
and 3rd Street East of the Chicago Cen-
tral and Pacific Railroad tracks described
as follows:
From Sra. 8 + 29 -+ PL to sra. 9 + 34,
a strip 51 feet wide, North side,
Regular Session February 6, 1989 35
From sra. 9 + 34 to Sta. 9 + 42 · PL, a
strip 61 feet wide, North side, as
measured from centerline of Third Street
EQUATION: Sta. 1210+21.56 (Se-
cond Street Survey Traverse Line) = Sta.
10 + 21.56 (Second-Third Street
Conneetor~
EQUATION: Sta. 12 + 54.77 (Second-
Third Street Connector) -- Sta. 15 + 94.30
(Exist. Third Street)
From Sta. 1209 + 70 to Sta. 10 + 4I, a
strip 35-35 feet wide, N-W side,
From Sra. 10+41 to Sta. 11+70, a
strip 35 feet wide, West side,
From Sta. 11+70 to sra. 14+99, a
strip 35-32 -+ ° feet wide, W-S side,
From Sta. 1209 + 70 to Sta. 1210 + 00,
a strip 10 feet wide, South side,
From Sta. 1210 + 00 to Sta. 11 + 18 +
Lot Line, a strip 10-60 feet wide. S-E side,
From Sra. 11 + 18 -~ Lot Line to Sra.
11+91±PL, a strip 60-27.5 feet wide,
East side,
as measured from Street survey tra-
verse, Second-Tinrd Street connector,
and Third Street, Respectively.
Said Temporary Easements shall ter-
minate upon completion of this highway
project.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the City of Dubuque
intends to dispose of its interest to the
above described real estate m~d/or the
granting of access control as described
in the above identified real estate and/or
on property on the above identified real
estate on the premise that these tern-
porary easements shall terminate on com-
pletion of the 61 project.
Section 2. That the City Clerk be and
she is hereby authorized and directed to
cause a notice to be published as pre-
scribed under Chapter 364.7 -- Disposal
. of Property, Code of Iowa, 1987 or as
amended,
Passed, approved and adopted tins 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Coundl Member Kluesner moved adop-
tion of the Resolution, setting Hearing
for February 20, 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 Pratt. Carried by the following
vote: Yeas--Mayor Brady, Council Mem-
bets Deich, Kluesner, Pratt, Voetberg.
Nays--None. Absent--Council Members
Heckmann, Simon.
Communication of City Manager re-
questing a Public Hearing be set for
Keyline's Consolidated Fiscal Year 1990
State Transit Assistance Application and
its Fiscal Year 1990 program of projects,
presented and read.
Council Member Kluesner moved that
the communication be received and filed
and set matter for Hearing on March 20,
1989 at 7:30 p.m. in the Public Library
Auditorium and that the City Clerk
publish notice in the matter prescribed
by law. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Voetberg.
Nays--None. Abeent--Council Members
Heckmann, Simon.
RESOLUTION NO. 32-89
RESOLUTION AUTHORIZING THE
FILING OF APPLICATIONS WITH
THE DEPARTMENT OF TRANS-
PORTATION, UNITED STATES OF
AMERICA, FOR GRANTS UNDER
THE URBAN MASS TRANSPORTA-
T1ON ACT OF 1964, AS AMENDED.
WHEREAS, the Secretary of
Transportation is authorized to make
grants for a mass transportation pro-
gram of projects;
WHEREAS, the contract for financial
assistance will impose certain obligations
upon tile applicant, including tbe provi-
sion by it of tile local share of the pro-
ject costs in the program;
WHEREAS, it is required by the U.S.
Department of Transportation in accord
with the provisions of Title VI of the Civil
Rights Act of 1964, that in connection
with the filing of an application for
assistance under the Urban Mass Trans-
portation Act of 1964, as amended, the
applicant give an assurance that it will
comply with Title VI of the Civil Rights
Act of 1964 and the U.S. Department of
36 Regular Session
Transportation requirements thereunder;
and
WHEREAS, it is the goal of the appli-
cant that ~ninority business enterprise be
utilized to the fullest extent possible in
connection with these projects, and that
definitive procedures shall be establish-
ed and administered to ensure that
minority business shall have the max-
imum construction contract, supplies,
equipment contracts, or consultant and
other services.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City
of Dubuque is authorized to execute and
file applications on behalf of the City of
Dubuque with the U.S. Department of
Transportation to aid in the financing of
an operating assistance project and the
capital financing for completing the
rehabilitation of the transit garage,
remanufacturing four 35~ buses, and
replacing a bus hoist, pursuant to Sec-
tion 9 of the Urban Mass Transportation
Act of 1964, as amended.
Section 2. That the Mayor of the City of
Dubuque is authorized to execute and file
with such applications an assurance or
any other document required by the U.S.
Department of Transportation effec-
tuatlng the purposes of Title VI of the
Civil Rights Act of 1964.
Section 3. That the Transit Manager
is authorized to furnish such additional
information as the U.S. Department of
Transportation may require in connection
with the application for the program of
projects.
Section 4. That the Mayor of the City
of Dubuque is authorized to set forth and
execute affirmative minority business
policies in connection with the program
of projects procurement needs.
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grant agreements on behalf of the,City
of Dubuque with the U.S. Department of
Transportation for aid in the financing
of the operating and capital assistance
progroan of projects.
The undersigned duly qualified and
acting Mayor of the City of Dubuque cer-
tifies that the foregoing is a true and cor-
rect copy of a resolutinn, adopted at a
February 6, 1989
legally convened meeting of the City
Council of the. City of Dubuque, Iowa
held on February 6, 1989.
Passed, approved and adopted this 6th
day of February, 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, Kinesner, Pratt,
Voetherg. Nays--None. Absent--Council
Members Heckmann, Simon.
RESOLUTION NO. 33-89
RESOLUTION AUTHORIZING THE
FILING OF A CONSOLIDATED
GRANT APPLICATION FOR OPER-
ATING ASSISTANCE WITH THE
STATE TRANSIT ASSISTANCE
PROGRAM AND AUTHORIZING
THE ENTERING INTO OF A CON-
TRACT WITH THE IOWA DEPART-
MENT OF TRANSPORTATION.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That tbe Mayor of the City
of Dubuque is hereby authorized to sub-
mit and execute on behalf of the City of
Dubuque a consolidated grant applica-
tion for 1.7662% of formula funds (ap-
proximately $88,309) with the State
Transit Assistance Program and is fur-
ther authorized to enter into a contract
with the Iowa Department of Transpor-
tation for such operating assistance.
Section 2. That the Transit Manager
is hereby authorized to furnish such ad-
ditionai information as the Iowa Depart-
ment of Transportation may require in
connection with such grant applications.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution, Seconded by
Regular Sessior
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
CounCil Members Dcich, Kluesner, Pratt,
Vcetherg. Nays--None. Absent--Council
Members Heckmann, Simon.
Communication of City Manger re-
questing approval to dispose of real
estate located at 1025 Bluff Street and
623-627 Arlington Street, presented and
read.
Council Member Voetherg moved that
the communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Khiesner, Pratt, Vcetherg. Nays--None.
Absent--Council Members Heckmann,
Simon.
RESOLUTION NO. 34-89
A RESOLUTION OF INTENTION
TO DISPOSE OF CITY-OWNED
PROPERTY: EASTERLY ONE-HALF
(E V~} OF LOT FIVE (5) OF THE SUB-
DIVISION OF THE EAST PART OF
OUT LOT 655 IN THE CITY OF DU-
BUQUE, DUBUQUE COUNTY, IOWA,
ACCORDING TO THE RECORDED
pLAT THEREOF, AND COMMONLY
KNOWN AT 1025 BLUFF STREET,
DUBUQUE, IOWA; AND
LOT ONE (1) AND LOT TWO (2) OF
LOT 801, MCDANIEL'S SUBDI-
VISION OF TOWN LOTS IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA, ACCORDING TO
THE RECORDED PLAT THEREOF,
AND COMMONLY KNOWN AS
623-827 ARLINGTON STREET,
DUBUQUE, IOWA.
WHEREAS, the City of Dubuque has
solicited and received offers to pur-
chese for the above referenced properties,
in the amount of $50,000.00, in accor-
dance with offers to buy real estate a~-
tached hereto; and
WHEREAS, by accept'rog the selected
offers the City's objectives of recovery
of a substantial part of its outstanding
loan balances, continued provision of
assisted housing to qualifying families,
property rehabilitation and selection of
a competent owner-manager can be
achieved;
NOW, TItEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
February 6, 1989 37
Section 1. That the City of Dubuque,
Iowa intends to dispose of its interest in
the following legnlly-described property:
Easterly One-half of (E ~/z) of Lot
Five (5) of the Subdiviaion of tbe
East part of Out Lot 655 in the
City of Dubuque, Dubuque Coun-
ty, Iowa, according to the record-
ed plat thereof; and
Lot One Il) 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.
Section 2. That the City of Dubuque,
Iowa proposes to dispose of its interest
in the herein described real estate to
Richard P. Butler and Sandra J, Butler,
for the consideration of $50,000.00 and
the terms of the offers to buy real estate
attached hereto.
Section 3. That this Council meet in the
Carnegie Stout Public Library auditor-
into, llth and Bluff Streets, Dubuque,
Iowa, at 7:30 p.m. on the 20th day of
February, 1989 for the purpose of taking
action on the disposition of the herein
described real estate in the City of Du-
buque, Iowa.
Section 4. That the City Clerk be and
she is hereby authorized and directed to
cause a notice to be published as pre-
scribed under Chapter 364.7, Disposal of
Property -- Code of Iowa 1987 or as
amended.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
Council recessed at 8:37 p.m.
Council reconvened at 8:45 p.m.
Pat Friedman, Executive Director.
presented an oral report and update of
Dubuque Main Street, Ltd.
38 Regular Session February 6, 1989
Council Member Pratt moved that the
documents distributed with this report
be received and filed. Seconded by Coun-
ail Member Voetberg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Veetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
RESOLUTION NO. 35-89
WHEREAS, the City of Dubuque is
the holder of Special Use Permit No.
06598, issued by the United States
Department of the Interior, Fish and
Wildlife Service, granting to it permis-
sion to provide barge fleeting on certain
lands of the Upper Mississippi Wildfire
& Fish Refuge, Jo Daviess County, Ill-
inois; and
WHEREAS, the City of Dubuque
desires to grant permission to Dubuque
Barge and Fleeting Service Company of
Dubuque, Iowa, to provide barge fleet'mg,
using established deadmen tie-offs on the
land that is the subject of Special Use
Permit No. 06598; and
WHEREAS, the City of Dubuque and
Dubuque Barge and Fleeting Service
Company have reached agreement upon
tim terms and conditions of a Permit to
be issued by the City of Dubuque to
Dubuque Barge and Fleeting Service
Company, a copy of which Permit is
attached hereto and incorporated herein
by referepce;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. The terms and conditions of
the attached Permit between the City of
Dubuque and Dubuque Barge and
Fleeting Service Company are hereby
approved.
Section 2. The Mayor of the City of
Dubuque is hereby authorized and
directed to execute the Permit on behalf
of the City of Dubuque.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved edepUlon
of the Resolution. Seconded by Council
Member Heckmarm. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Khiesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members tteckmann, Simon.
PetiU~on of Dubuque County Conserva-
tion Society requesitng to be included in
the planning process regarding location
and possible size of future barge fleeting
areas near Dubuque, presented and read.
Council Member Pratt moved that the
petition be received and filed. Seconded
by Council Member Heckmann. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Klucs-
ner, Pratt, Voetherg. Nays--None.
Absent--Council Members Heckmann,
Simon.
Communication of City Manager re-
questing approvai of City cost-sharing in
a downtown hotel market study or
studies in an amount not to exceed
$15,000, presented aad read.
Council Member Pratt moved that the
communication be received and filed and
approved City cost-sharing. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmarm, Simon.
Communication of City Manager
recommending approval to transfer the
Dubuque Cable Service Delivery Fran-
chise from TCI Cablevision of Dubuque
to TCI of Iowa, 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, Klues-
her, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
RESOLUTION NO. 36-89
RESOLUTION (1) APPROVING AND
CONSENTING TO THE TRANSFER
OF THE DUBUQUE CABLE SER-
VICES DELIVERY FRANCHISE,
ORDINANCE NO. ~2-81, FROM TCI
CABLEVISION OF DUBUQUE, INC.,
TO TCI OF IOWA, INC. (2) WAIVING
THE ELECTION REFERRED TO IN
SECTION 4,4 OF ORDINANCE NO.
42-81; ALL SUBJECT TO CERTAIN
Regular Session
coNDITIONS AND AGREEMENTS
AS ATTACHED,
WHEREAS, Group W Cable, Inc.,
woe the original Grantee to the Dubuque
Cable Services Delivery Franchise, Or-
dinance No. 42-81; and
WHEREAS, the City Council of the
City of Dubuque. Iowa, on April 20,
1987, approved the trans£er of the Fran-
chise to TCI Cableviaion of Dubuque,
Inc.; and
WHEREAS, the City Council, on
January 16, 1989, received, filed and
referred to the City Manager for in-
vestigation a request by TCI Cablevision
of Dubuque, Inc. to transfer the Dubuque
Cable Franchise to TCI of Iowa, Inc.; and
WHEREAS, the City Manager is
recommending that the City Council ap-
prove the requested transfer subject to
certain conditions and agreements; and
WHEREAS, it is in the interests of the
Cable Subscribers, the Cable Operator
and the City of Dubuque, to complete the
recommended transfer in a reasonable
and timely fashion.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the transfer of the
Dubuque Cable Services Delivery Fran-
chise, Ordinance No. 42-81, from TCI
Cablevision of Dubuque, Inc. to TCI of
Iowa, Inc., is hereby approved an6 con-
sented to, subject to the acceptance of
conditions and execution of the
agreements attached hereto.
Section 2. That the election provided
for in SecUmn 4.4 of the Cable Services
Delivery Franchise, Ordinance No. 42-81,
is hereby waived in accordance with the
request of TCI of Iowa, Inc,, as provid-
ed for in Section 4,9 of the Dubuque
Cable Services Delivery Franchise, Or-
dinance No. 42-81, subject to the condi-
tions and agreements attached hereto.
Section 3. That the Mayor of the City
of Dubuque, Iowa, is hereby authorized
to execute any documents necessary to
accomplish the intent of this Resolution.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
February 6, 1989 39
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, Kluesner, Pratt,
Vcetberg. Nays--None, Absent--Council
Members Heckmann, Simon.
Communication of City Manager
recommending acceptance of the 1987
Asphalt Paving Project and the 1987
P.C. Concrete Paving Project, presented
and read.
Council Member Klueaner moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
tied by the fullowing vote: Yeas--Mayor
Brady, Council Members Deich, Khies-
net, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
RESOLUTION NO. 37-89
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the 1987
Asphalt Paving Project has been com-
pleted and the City Manager has exam-
ined the work and filed his certificate
stathig that the same has been completed
according to the terms of the contract,
plans and spec'dications and recommends
its acceptance.
NOW, THEREFORE, BE IT RE-
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 tbe
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
Street Construction Fund and Sales Tax
Fund in amount equal to the mnount of
his contract, less way retained percentage
provided for therein.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved edop-
tion of the Resolution. Seconded by
40 Regular Session February 6, 1989
Cotmcil Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
RESOLUTION NO. 38-89
FINAL ESTIMATE
WHEREAS, the contract for the 1987
Asphalt Paving Project has been com-
pleted and the City Engineer has submit-
ted ids final estimate showing the cost
thereof including the cost of estimates,
notices, inspection, miscellaneous costs,
and preparing the assessment and plat.
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
$876,839.71.
Section 2. That $125,010.75 of the cost
thereof shall be assessable upon private
property and $751,828.96 shall be paid
from the Street Construction Fund and
Sales Tax Fund.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City .Clerk
Coundd Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady.
Council Members Deich, Kluesner, Pratt,
Voetherg. Nays--None. Absent--Council
Members Heckmann, Simon.
RESOLUTION NO. 39-89
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR THE 1987 ASPHALT PAVING
PROJECT, INCLUDING CERTAIN
INFORMATION REQUIRED BY
THE CODE OF IOWA, SPECIFI-
CALLY, THE NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED,
THE INTEREST ON ALL UNPAID
INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That after full consideration of the llnoJ
schedule of assessments and accompany-
lng plat showing the assessments pro-
posed to be made for the construction of
the 1987 Asphalt Paving Project under-
contract with River City Paving of Du-
buque, which final plat and schedule were
filed in tbe office of the City Clerk on the
11th day of January, 1989, that said
schedule of assessments be and the same
is hereby approved and adopted.
That there be, and is hereby assessed
and levied as a special tax against and
upon each of the lots, the respective sums
indicated. Provided, further, that the
amounts shown in said final schedule of
assessments as deficiencies are found to
be proper and are levied conditionally
against the respective properties bene-
fitted by the improvements as shown in
the schedule, subject ~o the provisions of
Section 384.63, Code of Iowa. Said
assessments against said lots are hereby
declared to be in proportion to the special
benefits conferred and not in excess of
twenty-five percent of the value of same.
Assessments of $50.00 or more are
payable in 10 equal annual installments,
with interest on the unpaid balance, all
as provided in Section 384.65, City Code
of Iowa. Conditional deficiency assess-
merits, if any, may be levied against the
applicable property for the same period
of years as the assessments are made
payable.
Assessments may be paid in full or in
part without interest at the office of the
County Treasurer, at any time within 30
days after the date of the first publlca-
tion of this notice of the fding of the final
plat and schedule of assessments with
the County Treasurer. Unless said
assessments are paid in full within said
tt~rty day period all unpaid assessments
will draw annual interest computed at 10
percent (commencing on the date of ac-
ceptance of the work) computed to the
December 1st next following the due
dates of the respective installments. Each
installment will be delinquent on Sep-
tember 30th following its due date on
Regular Session February 6, 1989 41
July 1st in each year. Property owners
may elect to pay any annual installment
semiannually in advance.
That the City Clerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said cer-
tificatinn once each week for two con-
secutive weeks in tile manner provided
in Section 362.3, the first publication of
which shall be not more than fifteen days
from the date of filing of the final
schedule. The City Clerk shall also send
by certified mall to property owners
wllose property is subject to assessment
a copy of said notice, and lnaillng to be
on or before the date of the second
publication of the notice, all as provided
and directed by Section 384.60 of the
Code of Iowa.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member EAuesner moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by thc
following vote: Yeas--Mayor Brady,
Council Memhers Deich, Kluesner, Pratt,
Voetberg, Nays--None. Absent--Council
Members Heckmann, Simon.
CITY OF DUBUQUE, IOWA
SCHEDULE OF FINAL ASSESSMENTS
CITY OF DUBUQUE
1987
ASPHALT PAVING PROJECT
AS SHOWN ON ATTACHED SHEETS
NO. I TO NO. 27 INCLUSIVE
Regular Session, February 6, 1989 43
Regular Session, February 6, 1989
CONSTRUCTION COST
LESS crrv SHARE
ASSESSABLE SI{ARE
ENGINEERING EXPENSE
TOTAL ASSESSABLE AMOUNT
Lot Gross
423.24
384.45
385.55
385.95
388.34
379.30
508,85
$ 3,749.47
652.66
SCENIC HEIGHTS BLOCK 3
EXTRA WORK Shoulder & Driveway
CONSTRUCTION COST
LESS CITY SHARE
ASSESSABLE SHARE
ENGINEERING EXPENSE
TOTAL ASSF, SSMENT AMOUNT
Unit Cost
4.95
108.00
26.75
26.75
0.87
4.80
225.00
0.60
6.00
1.40
0.50
Deficiency
Assessment
ST. ROSE PLACE
0.0(} 4,219.26
0.00 1,367.83
0.0() 517.4I
0.00 23)t2.91
0.00 w/2-2 2ST EOSE
0.00 535.00
0.00 2,235.10
0.00 5,980.06
0.00 691,23
Ll.l,2-Pc2 2-1,1.2-2,2-1-1-2,1-1-1-2,1-2-1-2 of COVENTRY PARK
w/C012
w/C012
w/C012
w/C102
w/C012
w/CO12
w/CO12
w/C012
w/C012
w/C012
w/C012
w/C012
w/C012
w/COl2
w/C012
w/CO12 0.00
w/CO12 0.00
w/C012 0.00
w/C012 0,00
wlC012 0.00
w/C012 O.O0
w/C012 0.00
wlC012 O.O0
w/C012 0.00
w/C012 0.00
w/C012 0.00
w/C912 0.00
w/C012 0.0O
0.00 5,772.13
0.00 wICO12
0.00 w/COl2
0.00 w/CO12
O.OO w/C012
0.00 w/C012
0.00 w/C012
0.00 w/C012
0.00 w/C012
655 Gal.
8840
135.99 Ton
223.4 L,F.
32 L.F.
2 No. o1
1 No. of
43.62 Ton
Regular Session, February 6, 1989
0,87 694.65
0.72 6,364.80
4,80 652.75
0.60 134.04
21,50 688,00
710.00 1,420.00
1,200.00 1,200.06
10.00 436.20
5.00 386.45
6.00 1,043.80
188.65
504.00
650.10
3,593.95
346.15
$88,258.42
69,650.96
$18,637,46
4,693,47
523,330.93
Deficiency Net
Assessment Assessment
City of Dubuque Pl - 320 91,669.81 396.18 0D0 393.18
City of Dubuque Pl - 321 13,594,11 150,29 0,00 150.29
City of Dubuque P~ · 322 18,132.00 252.69 0D0 252.69
City of Dubuque Pt - 323 w/322 w/322 0D0 w/322
City of Dubuque Pt - 324 w/322 w/322 0.00 w/322
City of Dubuque Pt - 325 w/322 w/322 0.00 w1322
Regular Session, February 6, 1989
45
65,710.00 270.50 0.00 270.50
75,575.00 392.18 0D0 392.18
4,492.00 149.~8 0.00 149.38
w/NW PT, 192 w/NW PT. 192 0.00 w/NW IYP. 192
2,917.0~ 46.81 0.00 46.81
37,143,47 19.80 0.00 19.80
41,874,29 0,86 0,00 0.86
48,059.07 6.15 0.00 6.15
41,328.67 125.75 0,00 125.75
48.056.51 47.69 0.00 47.69
40,714.72 26.02 0D0 26.02
17,637.73 12.15 0.00 12.15
34,622.03 62,44 0.00 62.44
23,461.39 26.02 0,O0 26.02
4,504,40 12.15 O,O0 12.15
RIVERI~RONT SUBDIVISION NO. 3 BLK. 2
46
Regular Session, February 6, 1989
Owner
7,860.82 1,460.92 0.00 1,460.82
~ $12,325.98 $0.00 $18,325.83
Item Unit Cost Total Cost
Excavation 4.95 1,785,96
Rem, of Conc. Pavement 6.75 925,29
Regular Session, February 6, 1989
R00 No. of
EXTRA WORK
EXTRA WORK
Item
Owner
Kidfer, Edwea'd H. &
Beverly M. L1-49 72,913.81 97.68 0.00
M.L. 249
Vincent A, & Nila M. Lot 2.1 w/2-93 w/2-93 0.00
PRYSI FARM & M.L. 166
Scott, Vincen~ A, & Nila M, 2-1-1-1-1- w/2-93 w/9~93 0.00
1-1-1-1-1
M.L, 249
PKYSI FARM
47
97.68
365.84
981.98
381.98
391.98
391.98
381.98
381.98
381.98
138.77
912.59
851.41
812.59
167.95
w/S20'
N79'89
w/N79'88
w/S20'
N79'89
381,98
381.98
361,98
421,44
371.48
w/2-93
w/2-93
w/2-68
2ML249
48
Regular Session, February 6, 1989
STEGER HEIGHTS BLOCK 9
L1-19 68,578.21 268.83 0.00
L2-19 1,007.73 26.40 0,00
L1-18 76,325.01 44.38 0.00
FINLEY, WAPLES & BURTON ADDITION
L2-68 94,937.92 596.72 0,00
2ML249 2ML949 0.00
L2-1-69 77,903,92 495.47 0.00
L2-70 11,187.09 48,16 O.O0
LI-i-i-70 65,162.11 195.54 0.00
268.83
96.40
I3.62
44.38
596.72
80,011.52 449.32 0.00 442.32
wl6-70 w/9-79 0.00 w/2-70
62,994.05 291.27 0.00 291.27
63,107.39 291.27 0.00 291.37
69,707.39 291.27 0.00 291.27
76,254.05 291.27 0.00 291.27
66,014.05 291.27 0,00 691.27
67,604.9i 388.34 0,00 388.34
70,426.72 449.77 0.00 443.77
w12-76 w12-78 0.00 wl2-78
EAST STBEET SUBDIVISION
O'Nei3, Ednmnd F. &
El~abeth L10 81,175.47 402.80
EgeIhof~ Charles L. & Pat L9 65,975.84 197.44
Rossiter, Dorothy B. & Paul L1-8 5,815.31 38.24
Rossi~or, Dorothy B, & Paul L2-8 w/1-8 w/l-8
Kuclder, Wi/I/am J. & K~n L. L7 63,074.19 125.82
Klosforma~,'David M. &
Micho0e C. L6 59,200.53 48.20
$12,553.65
FINAL ESTIMATE
Quontity Unit Item
344,30 C.Y. Excavation
0.00 ' 403.80
0.00 197.44
0.00 38.24
0.00 195.82
$34.12 $12,519.53
Regular Session, February 6, 1989
49
Molo Oil Company NVzk9
J. & Jean Add SVa-9
Molo Oil Company L10
26,544.77 732,79 0~00 732.79
63,220.80 751,30 0.00 751.30
Regu. lar Session, February 6, 1989
Johnson, Marjorie L24-40 57,500,69 62L76 0.00 621.76
Tireaner man, David J. ' w/2-2-61
& Klm M. Murdock L2.40 w/2-2-51 w12-2-51 0.00
Wright, Roy A. w/l-l-40
Esther L1-1-2-39 w/1-t-40 w/l-l-40 0.00
Johnson, MorjoRe L2-1-2-39 wl2-1-40 w/2-1-40 0.00 w/2-1-40
& Klm M, Murdock L-2-0-39 w/2.2.51 w]0-2-51 0.00
Erhart, Vincent L. &
Lela L1-39 w/88 w/88 0,00 w/38
Erhart, Viocent L. &
Lela L38 48,382.75 317.08 0.O0 317.03
Timmerman, David J. 565.76
Klm M. Murdock L2-2-51 60,799.36 565.76 0,O0
Brauhn, Luella Li-9-51 71,932.69 565.76 0.0O 565.76
Carter, Wendell W.
& RiRe L1-51 61,506.08 565.76 0.00 565.76
Tbnmermau, David J. w/2-2-51
Kbn M. Murdock L2-2-52 w/0-2-51 w/2-2-51 0.00
U~iverdty of 8,30
Dubuque L1 42,325.01 0.38 0.00
Uldversity of 21.11
Dubuque L2 46,728.29 21.11 OEO
~ $14,351.68 $0.00 514,351.68
FINAL ESTIMATE
QuontEy Unit Item Unit Cost Total Cost
4.95 8,063.55
1629.00 C.Y. Excavation 160.60 320.00
2.00 No. of Removed of Intake
59.70 L.F. Curb & Gutter -- Rem. & Reph 12.60 752.22
1.83 3,556.64
I943.52 S.F. 4~' Sidewalk -- Rem. & Repl. 18.07 2,870.76
157.13 S.Y. 6" Driveway -- Ren,.& Reph 26.75 392.16
14.66 Ton A.C.C. Binder Pa~ch 100.00 1,058.00
10.58 Ton A.C.C. Hand Pa~ching 26.75 17,195.70
642.83 Ton A.C.C. Binder Co~wse 26.75 6,506.13
243.20 Ton A.C.C. Stwface Course 0.87 418.47
481.00 G~. Priam or Tack Coat 4.80 7,462.61
1554.71 L.F. Graded S~one Ease 7.60 9,869.36
1998,60 L.F. P,C.C. Curb & Gutter 205.00 1,125.00
5.00 No. of Mmdwle -- R~se or Lower
4.00 NO. of Manhole -- Frame & Cover 150,00 600.90
0.60 190.26
327.10 L.F. SawcnS, Aspholt 2.25 103.50
46.00 L,F. Saweut, Concrete 710.00 710.00
1.00 No. of Intake, Single iOI-B
Regular Session, February 6, 1989
51
125,059,15 850.18
wl273 w/273
8,269,95 112.23
48,266.40 78.41
38,001.06 6,48
13,190.88 463.58
5,047.20 235.76
35,046.72 60.52
0.00 850.18
0.00 w/273
0.60 112.23
0.00 78.41
0.00 6.48
0.00 463.58
0.00 235.70
0.00 60.52
0.00 38.15
0.00 3[.83
0.60 962.4[
22,672.40 38,I5
26,806.21 31.83
036,609.09 963.41
w/543 w/343
27,241,01 84.88
805,043.44 1.047,29
w/384 w1384
w1304 w1384
251,005.47 484.05
w/276 w/276
w/276 w/276
w/276 w/276
55,391.33 613.25
67,859.15 850.18
46,922.88 42.08
23,159.55 31.83
92,451.41 699.28
20,389.17 327.44
w/345 w1345
7,369.55 20,58
55,550.11 1,047.29 0.00 1,047.29
w/883 w/383 0,00
w/383
w/386 wl383 0.00 w/383
$8,037.64 $0.00 $8,037.64
52
Regular Session, February 6, 1989
FINAl, ESTIMATE
Item Unit Cos£ Total Cost
Excavation 4.95 54,45
38,169,33 16.50 0.00 16.50
w/22 w/22 0,00 w/22
43,469.92 2.72 0.00 2.72
119,577.17 339,94 0,00 339.94
37,794.24 38.84 0.00 38.84
46,780.45 15,92 0.00 15.92
35,793.52 8.57 0.00 8.57
3L447.36 4.26 0.00 4.26
HUMBOLDT ADDITION
10,464.51 106.19 0.00 106,19
14,096,99 137.87 0.00 137.87
18,255.73 163.90 0.00 163.90
19,720,91 178.34 0.00 178.34
76,613.73 186.15 0.0O 186,15
52,564.77 81.29 0.00 81.29
10,498.69 79.51 0.00 79.51
53,331.76 154.41 0.00 154.41
w/il will 0,O0 w/Il
i0,549.89 74.71 0.00 74.71
Re ular Session, Februar 6, 1989
HUMBOLDT ADDITION
53
54,289.31 72.99 0.09 72.99
9,956.59 71.21 0.0O 71.21
73,950.16 114.81 0~00 114.81
FAIRMOUND PARK ADDITION
KEtIL PLACE
51,000.59
0.00 131,19
O,OO 19.87
0,00w/5I IUMBOLDT
ADD
M.I* 363
108.22 0.00 108.22
Schick, Marvin S.
& Beverly L8
0.00 409.35
0.00 53,13
HElM SUBDIVISION
Perfection Oil
Company L2~2-2-1-1-1 w/2-2-1-2ML363 w12-2-1-2ML363 0.00 w/2-2-1-2ML363
L2-1-1-1 72,408.53 71.20 0.00 71.20
OILLESPIE SUBDIVISION
Jahn, Terrance O. L2-2-1-1 87,233.95 285.23 0.00 285.23
54
Regular Session, February 6, 1989
Florence B. L1-2
Daack, Bill D. &
Florence B. L2-2
Rita A. 1.2 w/2-2-1-2-1-14 w12-2.1-2-1-1-1
First National Bm~k IA-l-l-1 16,333.01 120.88
SUNRISE HEIGHTS SUBDIVISION BLOCK 13
Wickmau, Leonard C. 1.1 159,644.75 457.78 0.0O
Audry Rose L2 186,301.09 45.91 0.00
Wickmml, Leonerd
C. & Audry L1.2 179,501.68 18.13 0.00
Lumley, Roy W.
& Lcatise B. L2-A 117,097.65 18.62 0.00
Longkamp, Merlin J.
& Darl?e H, L3.A 197,805.31 83.49 6.00
0.00 138.76
0.00 121.85
0.00 122.06
0.00 233.27
0.00 72.19
O.00 186.54
0.00 165.76
0.00 277.96
0.05 377,87
0.00 1,257.81
0.00 w/WSO~ +1- 1-6
0.00 218.75
0.00 260.71
0.00 222.19
0.0O 192.83
0,00 254.88
0.00 120.88
457.78
45.91
18.13
18.62
83.49
Regular Session, February 6, 1989
55
Langkamp, Merlin J.
& Darlene H. L4-A 371,333.12 734.42 0,00 734.48
Kutsch, Harold W. & N. 476.5~- 104,487.52 460.82 0.00 460.82
City of Dubuque Pt. 1-1-2
Schaul, Lawrence J,
& Helen M. L2-1-1-1
Schaul. Lawrence J.
& Helen M, L2
M.L. 382
59,642.85 191.57 0.00 191,57
FBED EHBLICH'S PLACE
88,237.92 182.72 0.00 182.72
· 83,158.29 184.36 0.00 184.36
24,318.11 184.29 0.00 184.29
66,899.60 145.85 0.00 145.85
M,L. 359
91,332.93
394.85 0.00 394.85
M,L. 385
w/2-1-ML 359
W/2-1-ML 859
0,00 w/2-1-ML 359
M,L. 388
M.L.388
2,347.41 20.28 0.00 20.28
Krogm~m, Richard L.
& Debra L2-1-2
M.L. 385
580.26 0.00 580.26
Regular Session, February 6, 1989
Regular Session, February 6, 1989
D~buque Bank &
Tcusl, 1 26,691.17 180.19 0.00 180.19
Hefel, Larry E. &
Katl,y A. 2 87,378,83 32.56 0.60 32.56
Kachevas, Peter J. &
Anne S, 3 86,581.04 12.64 0,0o 12.64
& Mary J, 4 91,818.69 7.51 0.00 7.5!
Dubuque Bm~k &
Trust 8 10,178,75 4,53 0.00 4.53
Dubuque Bmlk &
Trust 9 10,993,71 I3.64 0.00 13.64
Bcelk, Kenneth E. &
Viola E. 10 94,401.04 34.89 0.00 34.89
Dubuque Bank &
Trus~ 11 27,859.01 187.18 0.00 187.13
Ftnzel, Cleans A. & 2-2-1-1-1ML390; 115,892.35 602.63 0.O0 602.63
Dorothy T. 2-1ML366
2ML380
HIGHLAND FARM
58
Regular Session, February 6, 1989
North, Velma A. &
Malers, LaVerne E, 2-1-1-1-2-1-1
Pemsl, David D. &
Linda J. 10
w/5
371.00
202.14
1.74
20.30
926.98
389.24
1,024.37
167.45
278.87
310.41
326.76
169.77
159.58
178.64
292.85
215.32
229.35
183.04
183.04
196.76
Regular Session, February 6, 1989
59
FINAL ESTIMATE
Item
Excavation
Curb & Gutter -- Rem. & R~pl.
4" Sidewalk -- Rem. & Repl.
Qu~ntlty Unit
4446,00 C.Y.
618.30 L.F.
19.44 S.F.
75.70 S.Y.
1673.47 Ton
21.60 Ton
1506.81 Ton
731.52 Ton
6011.65 'Pon
5980.00 Go].
25983.40 S.Y.
2301.59 Toll
487.00 L.F.
49.60 No. of
395.00 L.F.
19.30 L,F.
83.60 L.F.
7.50 L,F.
2.00 NO. of
2.00 No. of
41.27 Ton
258.81 Ton
1387.15 Ton
6607.60 S.Y.
172.10 S.Y.
966.00 S.Y.
1090.00 S.¥.
160.00 C.Y.
1.00 L,S.
81.00 L,F.
155.10 L.F.
3.00 No. of
9*90 L.F.
8.00 No. of
106.38 Ton
1.00 No. of
2.00 No. of
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WOPJ~
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
22,002.75
7,790.58
35.57
44,765.32
3.150.00
40,293.79
19.568.16
80,561.64
5.202.60
18,672.05
11,025.00
237,00
43.46
198.75
1,420.00
1.830.00
412.70
1,294.05
8,622.90
9,250.64
482.50
545.00
800.00
1,500.00
1,741.50
3,644.05
460.00
693.00
540.00
1,550.70
76.~o
16.70
22.50
588.90
1,546.60
808,67
38.50
768.00
77.00
138.00
108.90
55.00
321.27
867.25
313.50
279.00
350.90
60.75
2,470.55
$314,656.74
274,921.48
$39~735.26
6,186.01
$47,921.27
60 Regular Session
RESOLUTION NO. 40-89
ACCEPTING IMPROVEMENT
WHEREAS, the contracl for the 1987
P.C. Concrete Paving Project has been
completed and the City Manager has ex*
amined 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 RE-
SOLVED by the City Council of the City
of Dubuque. Iowa, that the recommen-
datinn of the City Manager be approved
and that said improvement be and the
sume is hereby accepted.
BE IT FURTHER RESOLYED that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
Street Construction Fund and Sales Tax
Fund in mnount equal to the amount of
his contract, less any retained percentage
provided for therein.
Passed, approved and adopted this 6th
day of February, 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, Kluesner, Pratt.
Voetberg. Nays--None. Absent--Council
Members Heekmann, Simon.
RESOLUTION NO. 41-89
FINAL ESTIMATE
WHEREAS, the contract for the 1987
P.C. Concrete Paving Project has been
completed and the City Engineer has
submitted his final estimate showing the
cost thereof including the cost of
estimates, notices, inspection, mis-
cellaneous costs, and preparing the
assessment and plat.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE:
Section L That ~he cost of said im-
provement is hereby determined to be
$994,808.15.
February 6, 1989
Section 2. That 5134,171.99 of the 'cost
thereof shall be assessable upon private
)roperty and $860,636.16 shall be paid
from the Street Construction Fund and
Sales Tax Fund.
Passed. approved and adopted this 6th
day of February, 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 tbe
fulloiwng vote: Yeas--Mayar Brady,
Council Members Deich, Kluesner, Pratt,
Vcetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
RESOLUTION NO. 42-89
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR THE 1987 P.C. CONCRETE
PAVING PROJECT, INCLUDING
CERTAIN INFORMATION RE-
QUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE DI-
VIDED, THE INTEREST ON ALL
UNPAID INSTALLMENTS, THE
TIME WHEN THE ASSESSMENTS
ARE PAYABLE AND DIRECTING
THE CLERK TO CERTIFY THE
FINAL SCHEDULE AND TO PUB-
LISH NOTICE THEREOF.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUEi IOWA:
That after full consideration of the final
schedule of assessments and a~compauy-
lng plat showing the assessments pro-
posed to be made for the construction of
the 1987 P.C. Concrete Paving Project
under contract with Tschiggffie Ex-
cavating of Dubuque, which final plat
and schedule were filed in the office of the
City Clerk on the 11th day of January,
1989, that said schedule of assessments
be and the same is hereby approved and
adopted.
That there be, and is hereby assessed
and levied as a special tax against and
upon each of the lots, the ~espective sums
indicated. Provided, further, that the
Regular Sessior
amounts shown in said final schedule of
as deficiencies are found to
be proper and are levied conditionally
. ted by ~be llnprovemente as shown in
schedule, subject ~o the provisions of Sec-
tion 384.63, Code of Iowa. Said assess-
ments against said lots are hereby de-
Clared to be in proportion to the special
benefits conferred and not in excess of
twenty-five percent of the value of same
Assessments of $50.00 or more are
payable in 10 equal annual installments
with interest on the unpaid balance, all
Iowa. Conditional deficiency assess-
~nents, if any, may be levied against the
applicable property for the san~e period
of years as the assessments are made
payable.
Assessments may be paid in full or in
part without interest at the office of the
County Treasurer, at any time within 30
days after the date of tbe first publlca-
tion of this notice of the filing of the final
plat and schedule of assessments with
the County Treasurer. Unless sold assess-
ments are paid in full within said thirty
day period ail unpaid assessments will
per-
on the date of accep-
tance of the work) computed to the
December let next following the due
dates of the respective installments. Each
installment will be delinquent on Sep-
tember 30th following its due date on
, February6, 1989 61
July let in each year. Property owners
may elect to pay any annual installment
semiannually in advance.
That the City Clerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said cer-
tification once each week for two con-
secutlve weeks in the manRer provided
in Section 362.3, the first publication of
which shall be not more than fifteen days
from the date of filing of the final
schedule. The City Clerk shall also send
by certified mail to property owners
whose property is subject to assessment
a copy of said notice, and mailing to be
on or before the date of the second
publication of the notice, all as provided
and directed by Section 384.60 of the
Code of Iowa.
Passed, approved and adopted this 6th
day of February, 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, Kluesner, Pratt.
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
CITY OF DUBUQUE, IOWA
SCHEDULE OF FINAL ASSESSMENTS
CITY OF DUBUQUE
1987
P.C. CONCRETE PAVING PROJECT
LORAS BLVD.
AS SHOWN ON ATTACHED SHEETS
NO. 1 TO NO. 8 INCLUSIVE
Loras Boulevard From University Avenue to Walnut Street
WESTMINISTER PRESBYTERIAN CHURCH PLACE
3,556.30
ALLEN PL~,CE
L245.05
121.96
Net
3,556.30
70.26
1,367.01
Regular Session, February 6, 1989
M.L, 172
Tiggos, Alien T. & Laura J. 1-1-5-13 507.49 ' , 952.24 1.459.73
MINERAL LOT 172 & LOT ~37 -- WOODLAND PARK
Chapman, Mark A. &
K atigan, Violet 151
Karigan, Violet 152
Martin S. et ~l Life Estate
87,10 87.10
962.44 865.67 1.828. I1
962.44 121.96 1,084.40
87.10 87.10
87.10 87.10
962.44 962.44
Regular Session, February 6, 1989
TSCHIRGI & SCHWINDS SUBDIVISION
Meyer, Joseph F, & John C. 20 436.18
Meyor, Frmrk H. 21 479.77 317.41
Meyer, Arthur J. &
Ann~be0e 2-25 & 26 15.98
L~d~islass, Carol Ann &
EARL PLACE
77.57
PINEHURST SUBDIVISION
Moldcnhauer, Dr. Wayne A.
Kerln Kae 12 30.80
Davis, John D. &
M~icu M. lIickey 13 88.98
336.75
63
436.18
797.18
127.72
481.22
798,63
77.57
30.80
38.98
67.37
144.37
2,428.57
6,722.56
Regular Session, February 6, 1989
TSCHIRGI & SCHWINDS SUBDIVISION
962,44
w/49
697,77
264,67
87.1(I
4Hi.22
Regular Session, February 6, 1989
MAPLE HEIGHTS ADDITION
932.91
65
8.66
58,52
89,60
207.89
wiN30%6
454.75
1,046.65
46.20
58.52
101.06
125.12
L486.31
500.47
481.22
218.38
541.66
541.66
I54.95
w]S7~S50'.6
w/S7'S50%6
187.68
344,07
907.10
34.65
9.34
Regular Session, February 6, 1989
4-23 47,26
952.24
47,26
w/4-23
w/4-23
46.80
12.99
469,48
237.13
109.04
60.25
TRENKS BOOTH ST. PLACE
1-1 61.79
LAW'S ADDITION
274.13
288~56
351.t7
802.99
Calhoun, Beverly Cont.
Felderman, Patriala A. 1-1 582.85
McDermott, Francis B. &
Mo~cella ~K. 2.1 103.65
Risley, Jmes A. & Kay 2 w137.5 '-17
Risley, James A. & Kay S. 37.5'-17 71.70
LEVIN'SADDITION
61.79
582.85
103.65
71.70
119.15
332.71
1.529.60
824.67
863.90
921.89
1,530.37
1,205.10
1.289.61
4,278.69
w/24
w/24
107.81
613.53
609. I4
1.316.48
1,236.06
1.470,34
Regular Session, February 6, 1989
Bottoraley, Jmnes W. &
Janice E. W. 95%2-2-1-16 651.57
Bottomley, James W. &
Jonice E.
2 wIW95' -2-2-1-16
HOME ADDITION
279.03 930.60.
834.22
499.32
165.92
35.03
466.71
728.28
27L02
22.33
67,87
Boyes, Normm~ D, &
Janet T. 7 1,116.71 1,116.71
Latimer, Willimn E, &
Mary II. 6 24.06 24.06
SUB. LOT 3 -- MIN. LOT 90 & PT. MIN. LOT 87
McGee, David M. &
Alice M. 1 858.36
McGee, David M. &
Alice M. 1-2 802,20
Seamer, Stephen O. &
Ann C. 2-2 195.95
Seamer, Stephen G.
& Ann C, 3 w/2-2
Taylor, Jack L. &
Morilyn J. 4 w/9-1~6 EEJONES
Connolly, Ann C. 5 894.01
858.30
302,20
195.95
w/2-1-6 EEJONES
894.01
863.80
w[S36'-6
77.09
370.22 1,290.12
68
Regular Session, February 6, 1989
Bechen, Donald M. &
L~iau R, 1 59.57 59.57
Gavin, Dohnox A. & Anne
Kemp, Robert A. &
Lane, Chaqes J. &
475.15
1,064.36
854.74
475.15
712.78
317.41 792.56
620.40 1,684.76
121.96 976.70
475.15
712.78
Regular Session, February 6, 1989
46.39
33.11
336.28
20.00
259.47
$121,362.78
FINAL ESTIMATE
Quantity Unlt Item
23,023.63 S.Y. P.C. Concrete Pavement Class C., 8" tSick
46.39
336.28
wi2
20.69
259.47
$20,000.56 $141,363.34
UnltCost Total Cost
16.2t 373,213.04
7.25 14],352.16
5.15 60,821.50
2.74 16,864.70
1.05 8,695.85
6.10 9,662.40
55.00
2.05 25,924.38
27.00 12,300.12
865.0~ 15,275.90
1,225.00
1,475.00 5,619.75
1.700.00
6.25 14,437.81
115.00 7,130.00
915.00 645.00
4.50 13,959.00
23.66 15,899.28
34,500.00 24,500.00
1.50 1,290.90
1.75 131.25
65.00 11,889.15
365.00 730.00
475.00 950.00
125.00 250.00
330.00 330.00
4.48 129.92
1.75 50.75
110.00 II&0D
75.00 75.00
125.00 125~00
200.00 400.00
250,00 250.00
325.00 32&00
20.75 2.421.53
2.00 1,720.60
22.45 1,261.69
25.25 6,080.20
27.90 4,109.67
35.75 1,876.88
763.54
1,134.60
744.78
2,950.40
500.00
44.00
1,210.96
645.68
1,200.90
411.09
592.50
261.62
Regular Session, February 6, 1989
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
EXTRA WORK
165.30
Communication of City Manager re-
questing adoption of and execution of
Community Deveinpment Block Grant
Agreement in the mnount of $945,000 for
Calendar Year 1989, presented and read.
Council Member Khiesner moved that
the communication be received and flied.
Seconded by Counnil Member Pratt. Car-
cied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
net, Pratt, Voetherg. Nays--None.
Abeent--Council Members Heckmann,
Simon.
RESOLUTION NO. 43-89
A RESOLUTION AUTHORIZING
THE EXECUTION OF A COMMU-
NITY DEVELOPMENT BLOCK
GRANT AGREEMENT WITH THE
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR
CALENDAR YEAR 1989.
WHEREAS, under provisions of Title
I of Housing and Community Develop-
ment Act of 1974, as amended, the City
of Dubuque prepared and submitted a
Statement of Intent on December 1, 1988
for a Community Development Block
Grant; and
WHEREAS, the submission has been
approved by the Department of Housing
and Urban Development in the amount
of $945,000 for a twelvemonth program
commencing January 1, 1989; and
WHEREAS, a Grant Agreement
covering the activities proposed to be car-
ried out with Community Development
Block Grant funds has been tendered the
City of Dubuque.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Grant Agreement,
authorized by the U.S. Department of
Housing and Urban Develop~nent on
January 18, 1989, for a Community
Development Block Grant to the City of
Dubuque is hereby accepted.
Section 2. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute a Corcannni-
ty Development Block Grant Agreement
identified as Grant Agreement B-89-
MC-19-0004 for submission to the U.S.
Department of Housing and Urban
Devciopment.
Passed, approved and adopted tins 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A Davis
City Clerk
Council Member I4Auesner moved adop-
tion of the Rseolu~on. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Cotmcfl Members Deich, Kluesner, Pratt,
Vcetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
Communlca~ion of Attorney John
O'Connor requesting the easement agree-
ment with the estate of Delos L.
VlcDonald be tabled indefinitely,
presented and read.
Council Member Kluesner moved that
the communication be received and filed
and approved the tabling of the matter.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dcich,
Kluesner, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Sinaon.
Communication of City Manager re-
questing approval of an Annual Con-
ributions Contract with HUD for an
~dditinnal Moderate Rehab Program
funding award in the amount of
5322,920, presented and read.
Reg_ular Session,
Council Member Khiesner moved that
the communication be received and filed
and approved. Seconded by Council
Member Pratt. Carried by the following
~,ot~ Yeas--Mayor Brady, Council Mem-
bers Deich, Kluesner, Pratt, Vectbecg.
Nays--None. Absent--Council Members
Heckmann, Simon.
RESOLUTION NO. 44-89
A RESOLUTION AUTHORIZING
EXECUTION OF AN ANNUAL CON-
TRIBUTIONS CONTRACT AND
GENERAL DEPOSITARY AGREE-
MENT FOR SECTION 8 MODERATE
REHABILITATION PROGRAM NO.
IA05-K0874}05
WHEREAS, the City Council
authorized an application to the U.S.
Department of Housing and Urban
Development (HUD), in May 1988, for
funding for additional Moderate Reha-
bilitation Program units; and
WHEREAS, the Department has ep-
proved the application, in the amount of
$322,920 Annual Contributions Authori-
ty and $4,843,800 Budget authority; and
WHEREAS, the Department requires
execution of an Annual Contributions
Contract and a General Depositary
Agreement with respect to this funding
NOW, THEREFORE, BE IT. RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute an Annual
Contributions Contract, with the U.S.
Department of Housing and Urban
Development, for Project No. IA05-
K087-005, under Master Annual Con-
tributions Contract No. KC-9004E, on
behalf of the City of Dubuque.
Section 2. That the Mayor of the City of
Dubuque be and he is hereby authorized
and directed to execute a General
Depositary Agreement, with American
Trust and Savings Bank, for Project No.
IA05-K087-005.
Section 3. This resolution shall take
effect immediately.
Passed, approved and adopted this 6th
day of February, 1989.
February 6, 1989 71
James E. Brady
Mayor
ATTEST:
Mary A Davis
City Clerk
Conndl Member Kluesner ~noved adop-
tion of the Resolution. 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.
Communication of Operation: New
View requesting notification of three
representatives and their alternates for
1989 to serve on the board for a one year
term, 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,
Kluesner, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
Council Member Pratt moved that it
be resolved that Council Members Deich
and Voetberg and City Manager Gear-
hart be appointed to the Operation: New
View Board and that Council Member
Simon be named as an Alternate. Second-
ed by Council Member Vcotberg. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Khies-
ner, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
Council Member Pratt moved that ap-
peintments to the Human Rights Com-
mission, Transit Board and the Plumb-
ing Board be deferred until the next
(2-20-89) Council Meeting. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
Council Member Deich moved to ap-
prove the refund request of Restaurant
Management Co. (Long John Silver's) of
$300 for unused Class "B" Beer Permit.
Seconded by Council Member Kluesnec.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Vcetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
72 Regular Session
RESOLUTION NO. 45-89
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 Ordinm~ces
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 "B" BEER PERMIT
Gniinvaux Inc.
Pizza Hut 2075 JFK Rd,
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Mary Ann Whelan
Grandview Milk House
620 S. Grandview
(Also Sunday Sales)
Iowa Oil Company
IOCO Speede Shoppe 1481 Dodge
(Also Sunday Sales)
Lee W. Potter, Sr.
West Locust Mart 408 W. Locust
(Also Sunday Sales)
Passed, approved and adopted this 6th
day of Febrnary, 1989.
James E. Brady
Mayor
ATTEST:
Mary A Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, P~att,
Veetberg. Nays--None. Absent--Cenncil
Members Heckmam~, Simon.
RESOLUTION NO. 46-89
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-
cupied by suck applicants were inspected
and found to comply with the State Law
February 6_ 198.___~9 _~
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 nan~ed applicant(s) a Liquor
License.
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
nns of Iowa, Ltd.
Dubuque Inn 3434 Dodge
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Cue Master Ltd.
Cue Masters Billiards 900 Central
(Also Sunday Sales)
Patricia Lombardi Schuster
Ms. Pat's 1630 East 16th
(Also Sunday Sales)
lames W. Goetzinger
Goetz's 2776 Jackson
(Also Sunday Sales)
CLASS "E" LIQUOR LICENSE
Hy-Vee Food Stores, Inc.
Hy-Vee Food Store 3500 Dodge
Nash-Finck Company
Econofoeds #471 3355 JFK Circle
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A Davis
City Clerk
Council Member Deich moved adop-
tion of the Resalution. Seconded by
]enncfl Member Kluesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deick, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
Council Member Kinesner moved to
receive and file the FY 1990 Budget and
Supporting Documents presented by
City Manager W. Kenneth Gearhart.
Seconded by Com~cil Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
net, Pratt, Voetberg. Nays--None.
Abeent--Council Members Heckmann,
Simon.
Regular Sessior, February 6, 1989 73
MINUTES SUBMITTED: Airport
Comm. of 1-10 & 1-25; Cable Cenmauni-
ty Tcieprogramming of 1-10; Cable TV
Regulatory Comm. of 12-14 & 1-18; Elec-
trical Examining Bd. of 1-10; Five Flags
Conun. of 1-16; Park & Recreation
Comm. of 1-10; Planning and Zoning
Comm. of 1-18; Plumbing Bd. of 1-16;
Transit Trustee Bd. of 1-12; Transit Bd.
submitting Earnings Statement and
Statistics for 2nd quarter of FY '89;
Housing Code Appeals Bd. of 1-18,
presented and read.
Council Member Voetberg moved that
the minutes be received and filed. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Pratt,
Vaetberg. Nays--None. Absent--Council
Members Heckmmm, Simon.
NOTICES OF CLAIMS/SUITS: A
& G Electric Company in amt. of
$23,332.49 for destruction of tools, alec-
~rical materials and equipment burned in
the Menard building fire; Deborah Glab
in amt. of $66.80 for car damages; Lloyd
Gudenkauf in amt. of $547.57 for vehi-
cle damages; Willinm Hallahan in amt.
of $33 for backed-up sewer damages,
presented and read.
Council Member Voetberg moved that
the claims and suits be referred to the
Legal Staff for investigation and report.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Dalch, Kines-
net, Pratt, Voetbarg. Nays--None.
Absent--Council Members Heckmarm,
Simon.
Iowa DOT advising of Dismissal of
Condemnation of certain properties
owned by Linehan and Mnio for Primary
Road U.S. #61 and Dodge House Cor-
poration; Notice of Amendment to con-
tinue hearing on parcel owned by Do,
Inc., presented and read.
Council Member Voetherg moved that
the notices be received and filed. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Ventberg. Nays--None. Absent--Cenncil
Members Heckmann, Simon.
Communication of Ralph Seharnau
submiteing comments regarding the add-
ing of the words "Sexual Orientation" to
the City's Human Rights Ordinance,
presented and read.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Cao
Fled by the foilowlng vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
ner, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
Communication of Wm. Barrels objec-
ting to taking of land owned by McFad-
den's, presented and read,
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the ~oilowing vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
her, Pratt, Voetherg. Nays--None,
Absent--Cennall Members Heckmann,
Simon.
Communication of City Manager sub-
mittlng Financial Reports for the month
of December, 1988, presented and read.
Council Member Voetberg moved that
the communication be received and fried.
Seconded by Council Member Pratt. Car-
Fled by the fofiowlng vote: Yeas--Mayor
Brady, Council Members Deich, Kines-
ner, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
Dubuque-Delaware Substance Abuse
Services Center submitting 'their 2nd
Quarter Fiscal Year 1989 report on ser-
vices to adalescents/high risk youth,
presented and read.
Council Member Voetberg moved that
the report be received and filed. Secon~d-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dnich, Kluesner, Pratt,
Vcetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
City Manager submitting quarterly in-
vestment report for period of 9-I-88
through 12-31-88, presented and read.
Council Member Voetberg moved that
the report be received and filed. Second-
ed by Council Member Pratt. Carried by
the fofiowing vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetberg. Nays~-None. Absent--Council
Members Heckmarm, Simon.
Prcof of publication, certified to by the
74 Regular Session February 6, 1989
Publisher, on Notice of intent to file a
release of CD Funds to Preciaion Tool
and Engineering, Inc., presented and
read.
Council Member Voctherg 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.
Operation: New View requesting fund-
ing assistance in the mnount of $10,000,
presented and read.
Council Member Voctberg moved that
the request be referred to the Budget pro-
cess. Seconded by Council Member Pratt.
Carried by the fuliowing vote: Yeas--
Mayor Brady, Council Members Deich
Kluesner, Pratt, Vcetberg. Nays--None.
Absent--Council Members Heckmann
Simon.
Planning and Zoning Commission ap-
proving the plat of Blocks 9, 10 and 12
in Cedar Lake Addn,, presented and read.
Council Member Voctberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Daich, Klues-
net, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmaur
Simon..
RESOLUTION NO. 47-89
A RESOLUTION APPROVING THE
FINAL pLAT OF BLOCKS 9, 10 and
12 IN CEDAR LAKE ADDITION IN
THE CITY OF DUBUQUE, IOWA,
WHEREAS, there has been filed with
the City Clerk, a final plat of Bloaks 1-12
Cedm' Lake Addition, in the City of
Dubuque, Iowa; and
WHEREAS, Resolution No. 66-77 ap-
proved the plat of Blocks 1-7, 8 and 11
in Cedar Lake Addition, in the County
of Dubuque, Iowa; and
WHEREAS, there appears to be no
resolution approving Blocks 9, 10 and 12
as contained in the final plat of Blocks
1-12 Lq Cedar Lake Addition at that time
and
WHEREAS, said final plat of Blocks
1-12 of Cedar Lake Addition was ap-
proved by the City of Dubuque Planning
and Zoning Commission on December 15,
1976; and
WHEREAS, the City Council of Du-
buque, Iowa has approved the plat of
Bl~cks 1-7, 8 and 11 in Cedar Lake
Addition by Resolution No. 66-77 on
February 25, 1977.
NOW, THEREFORE, BE IT RE-
;OLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat of Blocks 9, 10
and 12 in Cedar Lake Addition in the
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.
Section 2. That this resointion shall be
recorded and berainaRer be an addendum
to Instrument No. 2442-77 in the Office
of the County Recorder, Dubuque Coun-
ty, Iowa.
Section 3. That the plat of Blocks 9, 10
and 12 in Cedar Lake Addition were
reviewed and approved by the Planning
and Zoning Commission in their approval
of the final plat of Blocks 1-12, Cedar
Lake Addition December 16, 1976.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST: '
Mary A Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
Communication of Planning and Zon-
ing Conxmlssion approving final plat of
Block 2 in "Tschiggftie Commerical" in
the City of Dubuque, presented and read.
Council Memher 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, Klues-
net, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon·
Regular Session
RESOLUTION NO. 48-89
RESOLUTION APPROVING THE
FINAL PLAT OF BLOCK 2 OF
TSCHIGGFRIE COMMERCIAL IN
THE CITY OF DUBUQUE, IOWA,
WHEREAS, there has been filed with
the City Clerk a final plat of Block 2 of
"Tsebiggftie Cormneseial" in the City of
Dubuque, Iowa; and
WHEREAS, upon said final plat ap-
pear a street to be known as Menaed
Court, together with certain public utili-
ty easements which the Owners by said
plat have dedicated to the public forever;
and
WHEREAS, said final plat has been
examined by the City Planning and Zon-
ing Commission and had its approval en-
dorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council and they
find that the same conforms to the
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 dedications of
Menard Court, together with the ease-
ments for public utilities as the same ap-
pear upon said final plat, be and the same
are hereby accepted;
Section 2. That the final plat of Block
2 of "q~higgftie Commercial" 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, provided tbs owners of said proper-
ty herein named, execute their written ac-
ceptance hereto attached agreeing:.
a. To reduce all streets to grade and
to construct concrete curb and gutter,
sidewalks, and to hard surface Menard
Court with bitominous concrete, or with
concrete paving with integral curb, all Lq
accordance with City of Dubuque stan-
dard specifications;
b. To install sanitary sewer mains
and sewer service laterals in accordance
with plans submitted with the final plat;
c. To install water mains and water
service laterals in accordance with plans
submitted with the plat;
d. To LqstoR storm sewers and catch-
February 6, 1989 75
basins in accordance with plans submit-
ted with the plat; ·
e. To install boulevard street lighting
in accordance with City specifications
within 30 days after the comp]etlon of the
adjacent curb and gutter.
f. To construct the foregoing im-
provements in accordance with plans and
specifications approved by the City
Manoger, under the inspection of the City
Engineer, and in a mmmer approved by
the City Manager;
g. To construct said improvements,
except sidewalks, prior to one year from
the date of acceptance of this Resolution.
h. To maintain the foregoing im-
)rovemants for a period of two (2) years
from the date of their acceptance by the
City of Dubuque, Iowa;
i. To provide the foregoing construc-
tion and maintenance at the sole expense
of the subdivider Tsehiggfrle Excavating
Company, or successors;
And further provided that Tschiggfrie
Excavating Company, secure the perfor-
manse of the foregoing conditions by prc-
vlding security in such form and with
such sureties as may he acceptable to the
City Manager.
Section 3. That Lq the event Tschiggfrie
Excavating Company shall fail to execute
the acceptance and furnish the security
provided in Section 2 hereof wiCbin forty-
five (45) days after the date of the Resolu-
tion, the provisions hereof shall be null
and void and the acceptance of the
dedication and approval of the plat shall
not be effective.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A Davis
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 48-89
We, the undersigned Ed Tschiggfrie,
President of Tschiggfrle Excavating,
having read the terms and conditions of
the Resolution No. 48-89 and being
familiar with the conditions thereof,
hereby accept the same and agree to the
conditions required therein.
76 Regular Session February 6, 1989
Dated at Dubuque, Iowa this 7th day
of March, 1989.
By s/Ed Tschiggk~e, President
Tschigg~rie Excavating
Council Member Voetberg moved
adoption of the Rasohition. 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.
Communication of City Manager re-
conunend~g acceptance of the project for
the Rehabilitation of Walls/Roof at the
Keyline Transit Facility, presented and
read.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ded by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Khies-
ncr, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Simon.
RESOLUTION NO. 49-89
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
Ral~abilitation -- Wails/Roof o£ Keyline
Transit Facility has been completed and
the City Manager has examined the work
and filed his certificate stating that the
same has been completed according to
the ten~s of the contract, plans and
specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED by tbe City Council of the City
of Dubuque. Iowa, that the recommen-
dation of the City Manager be approved
and that said linprovement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
Capitai Improvement Pragram and Ur-
ban Mass Transportation Funds in
amount equal to the amount of his con-
tract, less any retained percentage pro-
vlded for therein.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A Davis
City Clerk.
Conncil Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Vcetberg. Nays--None. Absent--Council
Members Heckmarm, Simon.
RESOLUTION NO. 50-89
FINAL ESTIMATE
WHEREAS, the contract for the
Rehabilitation -- Walls/Roof of Keyline
Transit Facility has been completed and
the City Engineer has submitted his finai
estimate showing tbe cost thereof in-
cluding the cost of estimates, nonces 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
$611,421.00 and that said amount shall
be paid from the Capital Improvement
Pragram and Urban Mass Transporta-
tion Funds of tbe City of Dubuque, Iowa.
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetherg. Nays--None. Absent--Council
Members Heckmann, Simon.
Communication of City Manager
recommending acceptance of Restrooms
-- First Floor City Hall, presented and
read.
Council Member Voetherg moved that
the canunmdeatlon be received and filed.
Seconded by Council Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
ncr, Pratt, Voetberg. Nays--None.
Absent--Council Members Heckmann,
Regular Sessior
RESOLUTION NO. 51-89
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the New
Rest~oms -- First Floor of City Hail has
been Completed and the City M0nager
has examined the work and fried his cer-
tificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the 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 City Treasurer be and he is hereby
directed to pay to the contractor from
the Capitai Improvement Program in
amount equal to the amount of his con-
tract, less any retained percentage pro.
Vided for therein.
Passed, approved and adopted this 6th
day of February, 1989.
James-E. Brady
Mayor
ATTEST:
Mary A Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried bsf the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
RESOLUTION NO. 52-89
FINAL ESTIMATE
WHEREAS, the contract for the New
Rastreoms -- First Floor of City HoE has
been completed and the City Engineer
has submitted his final estimate showing
the cost thereof including the cost of
estimates, notices and inspection and all
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
$65,046.00 and that said amount shsil be
paid from the Capitai Improvement fro-
gram of the City of Dubuque, Iowm
February 6, 1989 77
Passed, approved and adopted this 6th
day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dsich, Kluesner, Pratt,
Vastberg. Nays--None. Absent--Council
Members Heckmarm, Simon.
Communication of Corporation
Counsel recommending denial]closure of
the following claims: Vehicle damage of
Anthony J. Mills; Personai injury of
Eugene Purnhage; Vehicle damage of
John Corbett; Tire damage of Halen
Brown, presented and read.
Council Member Voetherg moved that
the communication be received and filed
and approved recommendations. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Veetberg. Nays--None. Absent--Council
Members Heckmatm, Simon.
Communication of Corporation Coun-
sol recommending settlement oI car
damage claim of Wm. Miller in the
amount of $80.63, presented and read.
Cotmall Member Vcetberg moved that
the commudication be received and filed
and approved settlement with Finance
Director to issue the check. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Cotmcfl Members Dcich, Kluesner, Prat~,
Voetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
11:03 p.m. -- Council Member Khies-
net moved to go into CLOSED SES-
SION in accordance with Chapter
21.5(1)(c) to discuss strategy with Coun-
sel in matters where litigation is immi-
nent. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Kluesner, Pratt, Voetberg.
Nays--None. Absant--Councli Members
Heckmann, Simon.
11:19 p.m. -- Council reconvened and
Corporation Counsel was given direction
regarding lltigation.
78 Regular Sessior February 6, 1989
There being no further business, Coun-
cil Member Voetberg moved to adjourn
the meeting at 11:19 p.m. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas--Mayor Brady,
Counc'd Members Deich, Khiesnsr, Pratt,
Vcetberg. Nays--None. Absent--Council
Members Heckmann, Simon.
Mary A. Davis
City Cierk
Approved 1989
Adopted 1989
Mayor
Council Members
ATTEST:
City Clerk
Regular Session,
CITY COUNCIL
OFFICIAL
Regular Session, February 20, 1989
Council met at 7:30 p.m., at the Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetherg, City Manager
W. Kenneth Gearhart, CurparaUmn
Counsel Barry A. Lindahl.
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. Franklin
Klohn, Rector of St. John's Episcopal
Church.
PROCLAMATION(S): March 5-11th
as "National Wa-Tan-Ye Club Week"
received by Mary Biggins.
Council Member Deich spoke and
presented a check of 518,132 from the
Dubuque Metropolitan Solid Waste
Agency to the City.
Proof of publication, certified to by tho
Publisher. on Notice of Public Hearing
to consider disposing of City's interest,
in granting of temporary easement and
in consenting to access control on,City-
owned property to the Iowa Dept. o£
Transportation, presented and road.
There were no written objections received
and no oral objectors present at the time
of the Hearing.
Council Member Kluesner moved that
the proof of publication be received and
filed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Vnstberg. Nays--None.
Council Member Kluesnsr moved that
it be resolved to suspend the rules to
allow anyone present to address the
Council. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmanu, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 53~9
February, 20, 1989 79
WHEREAS, pursuant to resolution
and published notice of time and place of.
hearing, published in the Telegraph
Herald, a newspaper of general circula-
tion published in the City of Dubuque,
Iowa on the 10th day of February, 1989,
the City Council of the City of Dubuque,
Iowa met on the 20th day of February,
1989, at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the
granting of temporary easements, and in
consenting to access control on City
owned property to the Iowa Department
of Transportation; and
WHEREAS, the Iowa Department of
Transportation and the City of Dubuque,
Iowa, entered into an ogreement for the
Freeway 561/Relocated 6! project, agree-
ment identified as IDOT #73-P-024 and
executed by the City of Dubuque and the
Iowa Department of Transportation on
March 6, 1973 and April 4, 1973 respec-
tively; and
WHEREAS, provisions of this agree-
ment are that the City shall be raspensi-
hie for providing without cost to the
State all right-of-way which involves a)
dedicated streets or alleys; bi other City
owned properties subject to the condi-
tions the State shall reimburse the City
for the value of the improvements
situated on such City owned property;
and
WHEREAS, the Iowa Department oI
Transportation has the need for acquisi-
tian of the following described property
for the Relcoated 61 project "Parts of
Blcok 1 of Dubuque Packing Addition,
Lot 2 of Lot 506, Lot 1 of Lot 507, and
Lot 508" all in the City of Dubuque and
as described on the plat attached to a
Parcel Acquisition Contract identified as
Project No. F-61-8(22)--20-31 and con-
sidered a part herein; and
WHEREAS, the Iowa Department of
Transportation also is requesting that
the City danvey all its rights of direct ac-
cess to Highway U.S. 61 from Sta.
252+62-+PL to Sta. 254+32-+PL as
identified on project plans; and
WHEREAS, the Iowa Department of
Transportation is requesting the City to
grant them a temporary easement on the
City's property for the purpose of con-
structing a bridge from Sta. 252 + 62 ±
PL to Sta 254 + 32 ± PL, a strip 100 feet
80 Regular Session,
wide, East side as measured from the
eenterline of the proposed highway as
shown on the project plans. Said tem-
porary easement shall terminate upon
completion of this highway project; and
WHEREAS, the Iowa Department of
Transportation is requesting a temporary
easement for land associated with the
constr~ction of the 3rd Street overpass
City on property described as property
C.L. 192, original Town of Dubuque and
parts of Block E and Block D, Booth ed-
ditlon, and vacated Market Street. Said
temporary easement to be terminated
upon completian of the Highway project;
and
WHEREAS, the Iowa Department of
Transportation is requesting a temporary
easement upon the property betwen 2nd
and 3rd Street East of the Chicago Can-
trel and Pacific Railroad tracks described
as follows:
From Sta. 8 + 29 · PL to Sra.
9 + 34, a strip 51 feet wide, North
side,
From Sta. 9+34 to Sta.
9 + 42 -+ PL, a strip 61 feet wide,
North side, as measured from
conterline of Third Street
EQUATION: Stp. 1210+21.56
(Second Street Survey Traverse
Line) = Sta. 10+21.56 (Second-
Third Street Connector)
EQUATION: Sra. 12 + 54.77
(Secopd-Thlrd Street Connector)
= Sra. 15+94.30 (Exist. Third
Street)
From Sra. 1209+70 to Stp.
10+41, a strip 35-35 feet wide,
N-W side,
From Sta. 10 + 41 to Sta. 11 + 70,
a strip 35 feet wide, West side,
From Sta. 11 + 70 to Sra. 14 + 99,
a strip 35-32-+ ° feet wide, W-S
side,
From Sra. 1209+70 to Sta.
1210+00, a strip 10 feet wide,
South side,
From Sta. 1210+00 to Sra.
11 + 18 + Lot Line, a strip 10-30
feet wide, S-E side
From Sra. 11+18-Lot Line to
Sra. 11 + 91 -+ PL, a stxip 60-27.5
feet wide, East side,
as measured from Second Street
survey traverse, Second-Third
and Third Street, Respectively.
Said Temporary Easements shall
February 20, 1989
terminate upon completion of this
highway project
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any and
all objections, oral or written, to the pro-
posal to dispose of its interest to the
above described real estate and/or the
granting of access control as described
in the above identified real estate and/or
the conveyance of a temporary easement
on property on the above identified real
estate to the Iowa Department of
Transportation and on the premise that
these temporary easements shall ter-
minute on completion of the 61 project.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of an in-
terest of the City of Dubuque, Dubuque
County, Iowa in the above described real
estate and/or the granting of access con-
trul as described in the above identified
real estate and/or the conveyance of a
temporary easement on property on the
above identified real estate on the
premise that these temporary easements
shall terminate on completion of the 61
project, to the Iowa Department of
Transportation be and the same is hereby
approved·
Section 2. That the Mayor be author-
ized and directed to execute said Tern-
Easement Contract No. 273D and
parcel Acquisition Contract No. 256B
and said temporary easement shall ter-
minute upon completion of this highway
project.
Section 3. That the City Clerk be anti
is hereby authorized and directed to
record a certified copy of this Resolution
in the office of the City Assessor, Du-
buque County Recorder and the Du-
buque County Treasurer.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resohition. Seconded by
Council Member Pratt. Carried by the
following vote: yeas--Mayor Brady,
Council Members Dsich, Heckmann,
Regular Session,
Kluesnar. Pratt, Simon, Voetberg.
Nays--Nane.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider disposing of City-ow~ed pro-
party, presented/md read. There were no
written objections received and no oral
objectors present at the time of the
Hearing.
Council Member Heckmann moved
that the proof be received and fried.
Seconded by Council Member Pratt. Car~
ried by the following vote: Yeas--Mayor
Brady, Council Members Delch, Hock-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--Nane.
RESOLUTION NO. 54-89
A RESOLUTION APPROVING THE
SALE OF THE FOLLOWING
LEGALLY DESCRIBED PROPERTY:
Easterly One-half (E V~) of Lot
Five 15) of the Subdivision of the
East part of Out Lot 655, in the
City of Dubuque, Dubuque Coun-
ty, Iowa, according to the record-
ed plat thereof, and commonly
known as 1025 Bluff Street, Du-
buque, Iowa; and
Lot One (1) and Lot Two (2) of Lot
801, McDanlel's Subdivision of
town lots, in the City of Dubuque,
Dubuque County, Iowa, according
to the recorded plat thereof, and
commonly known as 623-627
lingten Street, Dubuque, Iowa.
WHEREAS, pursuant to duly pub-
lished public notice the City Council of
Dubuque, Iowa, met on the 20th day of
February, 1989, at 7:30 p.m. in the
Carnegie Stout Public Library auditor-
ium, llth and Bluff Streets, Dubuque,
Iowa, to consider the proposal of dispos-
ing of City-owned real estate located at
1025 Bluff Street and 623-627/M. lingten
Street which properties are legally
described as follows:
Easterly One-half (E Va) of Lot
Five (5) of the Subdivision of the
East part of Out Lot 655, in the
City of Dubuque, Dubuque Coun-
ty, Iowa, according to the record-
ed plat thereof; and
Lot One (1) and Lot Two (2) of Lot
801, McDanlal's Subdivision of
Townlots, in the City of Dubuque,
February2~ 1989 81
Dubuque County, Iowa, accor-
ding to the recorded pint thereof.
WHEREAS, such properties are to be
sold to Richard P. Butler and Sandra S.
Butler for the consideration of $50,000
and rehabilitation of such property in ac-
cordance with City standards; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, has overruled
any and all objections, oral or written,
to the proposal to dispose of the interest
of the City of Dubuque, Iowa, in the
herein and above-named reel estate to
the above-named grantee.
NOW,. THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section L That the disposal of the in-
terest of the City of Dubuque in the
herein above-described property to
Iichard P. Butler and Sandru S. Butler
is hereby approved.
Section 2. That the Mayor be and he
is hereby authorized and directed to ex-
ecute a Quit Claim Deed, and that the
City Clerk be and she is hereby directed
and authorized to deliver Deed of Con-
veyance, conveying the above described
real estate to the above-named grantee
upon receipt of the purchase price in full.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolution. Seconded by
Council Member Pratt, Carried b~y the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Adjournment of Public Hearir~ to con-
sider rezoning of properties at 3606 and
3606¥~ Crescent Ridge from R-1 to LI
District.
Attorney Joseph Bitter and Jerry
Granm~el requested Council approve
rezodirg.
ORDINANCE NO. 2-89
AN ORDINANCE OF THE CITY OF
82
Regular Session, February 20, 1989
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA," BY RECLASS-
IFYING HEREINAFTER DE-
SCRIBED PROPERTY AT 3606-3606V2
CRESCENT RIDGE FROM R-l,
SINGLE-FAMILY RESIDENTIAL
DISTRICT TO L-l, LIGHT IN-
DUSTRIAL DISTRICT, said Ordinance
having been presented and read at the
Council Meetings of 1-16-89 and 2-6-89,
presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 2-89
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
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA," BY RECLASS-
IFYING HEREINAFTER DE-
SCRIBED PROPERTY AT 3606-36061/2
CRESCENT RIDGE FROM R-l,
SINGLE-FAMILY RESIDENTIAL
DISTRICT TO L-l, LIGHT IN-
DUSTRIAL DISTRICT.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section L 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 and
Zoning Map of the City of Dubuque,
Iowa," to reclassify hereinafter described
property frmn R-l, Single-Family
Residential District to LI, Light In-
dustrial District, to wit:
Lot 2 of Lot 1 of Lot 1 of Lot 1
of Lot 2 of Lot 1 of part of Lot 1
of Mineral Lot 289; and
Lot 2 of part of Lot 1 of Mineral
Lot 289;
Both in the City of Dubuque,
Dubuque County, Iowa.
Section 2. That the foregoing mnendi
meat has heretofure been reviewed by the
Planning and Zoning Commission of the
City of Dubuque, Iowa.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 24th day of
February, 1989.
Mary A. Davis
City Clerk
It 2/24
Com~cll Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dclch, Heckmann,
Kinesner, Pratt, Simon, Voetberg.
Nays--None.
Conxmunicatinn of City Manager re-
questing Public Hearing be set for the he
Essential Corporate
Purpose General Obligation Bonds,
presented mad read.
Council Member Heckmann moved
the communication be received and
filed. Seconded by Council Member
Kinesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 55-89
FIXING DATE FOR
A MEETING ON THE PROPOSI-
TION OF THE ISSUANCE OF
$4,000,000 GENERAL OBLIGATION
BONDS (FOR AN ESSENTIAL COR-
PORATE PURPOSE) OF DUBUQUE,
IOWA, AND PROVIDING FOR PUB-
LICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary
and advisable that the City of Dubuque,
Iowa, shonid issue General Obligation
Bonds to the amount of $4,000,000, as
authorized by Section 384.25, of the City
Code of Iowa, for the purpose of pro-
viding funds to pay costs of carrying out
hereinafter described; and
WHEREAS, before said bonds may be
issued, it is necessary to comply with the
provisions of said Code, and to publish
a notice of the proposal to issue such
bonds and of the time and place of the
Regular Session, February 20, 1989
83
meeting at which the Council proposes
to take action for the issuance of the
bonds and to receive oral and]or written
objections from any resident or proper-
ty owner of said City to such action;
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That this Council meet in the
Public Library Auditorium, Dubuque,
Iowa, at 7:30 o'clock p.m., on the 9th day
of March, 1989, for the purpose of tak-
ing action on the matter of the issuance
of $4,000,000 Generui Obligation Bonds
for au essential carpocate purpose of said
City, the proceeds of which bonds will be
used to provide funds to pay costs of con-
struuiian, reconstruction and repairing of
street improvements; construction,
reconstruction, extension and improve-
ment of works and facilities useful for the
collection and disposal of surface waters
and streams; reconstruction, extension,
and improvement of an existing airport
and acquisition, installation and repair of
traffic control devices.
Section 2. That the Clerk is hereby
directed to cause at least one publication
to he made of a notice of said meeting,
in a legal newspaper, printed wholly in
the English language, published at least
once weekly, and having general circula-
tion in said City, said publication to be
not less than four clear days nor more
than twenty days before the date of said
public meeting on tho issuance of said
bonds.
Section 3. The notice of the proposed
action to issue said bonds shall be in
substantially the fullowin4~ form:
NOTICE OF MEETING OF
THE COUNCIL OF THE CITY
OF DUBUQUE, IOWA, ON
THE MATTER OF THE PRO-
POSED ISSUANCE OF
$4,000,000 GENERAL OBLIGA-
TION BONDS (FOR AN
ESSENTIAL CORPORATE
PURPOSE) OF SAID CITY,
AND THE HEARING ON THE
ISSUANCE THEREOF
PUBLIC NOTICE is hereby given
that the Council of the City of Dubuque,
Iowa, will hold a public hearing on the
9th day of March, 1989, at 7:30 o'clock
p.m., in the Public Library Auditorium,
Dubuque, Iowa, at which meeting the
Council proposes to take additional ac-
tion for the issuance of $4,000,000.
Genoral Obligation bonds for an essen-
tial corporate purpose of said City, in
order to provide funds to pay costs of
construction, reconstruction and repair-
ing of street improvements; construction,
reconstruction, extension and improve-
ment of works and facilities useful for the
collection and disposal of surface waters
and streams; reconstruction, extension,
and improvement of an existing airport
and acquisition, installation and repair of
traffic control devices.
At the above meeting the Council shall
receive oral or written objections from
any resident or property owner of said
City, to the above action. After all objec-
tions have been received and considered,
the Council will at this meeting or at any
adjourmnent thereof, take additional ac-
tion for the issuance of said bonds or will
abandon the proposal to issue said bonds.
This notice is given by order of the
Council of Dubuque, Iowa, as provided
by Section 384.25 of the City Code of
Iowa.
Dated this 20th day of February, 1989.
Mary A. Davis
City Clerk of Dubuque, Iowa
(End of Notice)
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by tbe
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitting three Resointions authorizing
publication of the official notices of the
public hearing required in connection
with the adoption of the Fiscal Year 1990
City Budget, presented and read.
Council Member K[uesner moved that
the communication be received and filed.
Seconded by Council Member Voetberg.
84 Regular Session, February 20, 1989
Carried by the following vote: Mayor
Brady, Council Memhers Deich, Heck-
mann, Kluesuer, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO, 56-89
SETTING THE DATE OF PUBLIC
HEARING ON THE FISCAL YEAR
1990 BUDGET FOR THE CITY OF
DUBUQUE
WHEREAS, Section 384.16 of the
Code of Iowa provides that the City
Council shall set a time and place for a
public hearing on the budget before the
final cextificatlon date and shall publish
notice before the hearing as provided in
Section 362.3 of the Code of Iowa.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council shall
conduct a public hearing on the proposed
1989-1990 budget of the City of Dubuque
at the Carnegie Stout Public Library
Auditorium, 11th and Bluff S~eets,
Dubuque, Iowa on Thursday, March 9,
1989, beginning at 7:30 p.m.
Section 2. That the City Clerk be and
is hereby authorized and directed to
publish according to law notice of public
hearing together with the required
budget information.
Passed, approved and adopted this
20th da~ of February, 1989.
Jmnes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 57-89
SETTING THE DATE OF PUBLIC
HEARING ON THE FIVE YEAR
CAPITAL IMPROVEMENT
PROGRAM
WHEREAS, a proposed five year
Capital Improvement Program for the
City of Dubuque has been prepared and
submitted to the City Council; and
WHEREAS, the capital projects for
the first year are included in the Fiscal
year 1990 budget for the City of Du-
buque; and
WHEREAS, it is deemed to be in the
best interest of the City of Dubuque to
conduct a public hearing and to adopt the
five year Capital Improvement Program
simultaneously with the public hearing
and adoption of the Fiscal Year 1990
budget for the City of Dubuque.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council shall
conduct a public hearing on the five year
Capital Improvement Program at the
Carnegie Stout Public Library
Auditorium. 11th and Bluff Streets,
Dubuque, Iowa on Thm'sday, March 9,
1989, beginning at 7:30 p.m.
Section 2. That the City Clerk be and
is hereby authorized and directed to
publish notice of the public meeting.
Passed, approved and adopted th~s
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tlon of the Resolution. Seconded by
Council Member Voetberg. Carried by
the foliowing vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kfuesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 58-89
AUTHORIZING PUBLICATION OF
NOTICE OF PUBLIC HEARING
FOR THE USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT
FUNDS
WHEREAS, the City of Dubuque is
entitled under Title I of the Housing and
Community Development Act of 1974, as
amended, to certain Community
Development Block Grant Funds; and
WHEREAS, the regulations govern-
hig the submission of a statement of in-
tent for such funds require that citizens
Reg.___ular Session
be provided with adequate information
concerning the Community Development
Block Grant Program and an adequate
opportunity to participate in tho develop-
ment of the submission and in the
development of ~ny revisions, changes or
amendments; and
WHEREAS, it has been deemed to be
in the best interest of the Community
Development Block Grant Program to
hold a hearing to supplement previous-
ly held meetings with private and public
agencies, City Manager's budget meet-
ings, and the public meeting conducted
by the Community Development Depart-
ment; and
WHEREAS, it is further deemed to be
in the best interest of the City of Du-
buque to hold such public hearing
simultaneously with the public hearing
on the five year Capital Improvement
Program and the Fiscal Year 1990
budget for the City of Dubuque.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and
is hereby authorized and directed to
publish notice of the public bearhi4,~ hi the
form of Exhibit "A" attached hereto and
made a part thereof.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayer
ATTEST:
Mary A. Davis
City Clerk
Council Me~nher Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kfueaner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Planning and Zon-
ing Commission advising of their ap-
proval of a rasoding request to reclassify
property located at Southwest corner of
Kaufmann and J.F.K. Road from R-1 to
OR 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
February 20, 1989 85
Brady, Council Members Delch, Heck-
mann, Kluesner, Pratt. Simon, Vcetberg..
Nays--None.
An ORDINANCE Amending Zoning
Ordinance to reclassify property lccated
at the southwest corner of Kanfmann
Ave. and John F. Kennedy Road from
R-1 Single Family Residential District to
OR Office Residential District, presented
and read.
Council Member Kluesner moved that
this be considered the first reading of the
Ordinance, and that the ~quirement that
a proposed Ordinance be considered and
voted on for pass0ge at two council
meeting~ prier to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance on
the 6th day of March, 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 Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kfuesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of planning and Zon-
hig Commission approving rezaning re-
quest to Dubuqucqn-Futuro, Inc. for zon-
ing reclassification for Phase II of Du-
buque Industrial Center, 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 Heck-
mann, Klueaner, Pratt, Simon, Voetberj,~.
Nays--Council Member Delch.
An ORDINANCE Amending Zoning
Ordinance by reclassifying property
known as former Paisley property and
now to be known as Dubuque Industrial
Center, Phase II from AG Agricultural
District to PI Planned Industrial
District, presented and read.
Council Member Kluesnee moved that
this be considered the first reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted he suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance on
86 Regular Session, February 20, 1989
the 6th day of March, 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 Vcetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Heckmaun, Kluesner,
Pratt. Simon, Voetherg. Nays--Council
Member Deich.
Communication of City Manager
reconunending disposition of two parcels
of property acquired by the City in 1988
for the construction of the NW Arterial,
Phase III, between Asbury Road and
J.F.K. Road, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Heck-
mann, Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich. Heck~nann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 59-89
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN LOT 2
OF 1 OF HELEN E. & MARY H.
STEWART SUBDIVISION TO
JOHN H. KIVLAHAN.
WHEREAS, the City of Dubuque ac-
quired Lots 1-1 and 1-2 of Helen E. and
Mary H. Stewart Subdivision fi-om the
Dubuque Community School District as
right-of-way for the Northwest Arterial
and
WHEREAS, Lot 2-1 of Helen E. and
Mary H. Stewart Subdivisinn has been
determined to be excess fight-of-way; and
WHEREAS, John H. Kivlal~an, as ad-
jacent property owner, is desirous of ac-
quiring additional property to compon-
sate for Iris reduced acreage resulting
from the sale of a portion of his proper-
ty to the City for the Northwest Arterial
right-of-way.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa, intends to dispose of it's interest
in Lot 2 of 1 of Helen E. & Mary H.
Stewart Subdivision, containing 8.20
acres by Quit Claim Deed to John H.
Kivlahan.
Section 2. That the conveyance o£ the
City's interest shall be for one dollar and
other good and.valuable consideration, as
part of an ~cquisitlon agreement between
Mr. Kivlahan and the City for the sale
of a portion of his property to the City
for the Northwest Arterial right-of-way.
Section 3. That the City Clerk be and
is hereby authorized and directed to
cause a notice to be published as pre-
scribed under 364.7, Disposal of Proper-
ty, Code of Iowa, 1987 or amended.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution, setting matter for
'ublic Hearing on March 7. 1989, at 7:30
P.M. and the City Clerk to publish no,ce
n the mamaer prescrihed by law. Second-
ed by Council Member Heckmann. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Memhers Deich, Heck-
m~mn, Kluesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 60-89
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN LOT
1-1-1-1-1-1~1 OF THE SW ¼ - SW ¼
OF SECTION 16, T89N, R2E, 5TH
P.M. TO INTERSTATE POWER
COMPANY
WHEREAS, the City of Dubuque ac-
quired Lot 1-1-1-1-1-1-1 of the SW ~/~ - SW
¼ of Section 16, T89N, R2E, 5TH P.M.
from the Salvo-Salas Partnership as
right-of-way for the Northwest Arterial;
and
WHEREAS, said Lot has been deter-
mined to be excess right-of-way; and
WHEREAS, Interstate Power Com-
pany is desirous of acquiring additional
property contiguous of their present
~ubstatinn to compensate for the loss of
adjacent property to the west which was
acquired by the City as Nortt~west
Arterial right-of-way.
NOW, THEREFORE, BE IT RE-
SOLVED. BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa, intends to dispose of it's interest
in Lot 1-1-1-1-1-1-1 of the SW ¼ of the
SW ¼ of Section 16, T89N, R2E, of the
5th Principal Meridian in the City of Du-
buque, Iowa, containing 0.213 acres, by
Quit Claim Deed to Interstate Power
Company.
Section 2. That the conveyance of the
City's interest shall be for one dollar and
other good and valuable consideration.
Section 3, That the City Clerk be and
is hereby authorized and directed to
cause and notice to be published as
prescribed under 364.7, Disposal of Pro-
perry, Code of Iowa, 1987 or as amended.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution, setting Matter for
Public Hearing on March 6, 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 Heckmann. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Dalch, Heck-
mann, Kluosner, Pratt, Simon, Vcotberg.
Nays--None.
Communication of City Mwaager
recommending vacation of a 20' wide
alley west of Kerpor Blvd. and running
south of Farragot St. for 50 ft. and
disposing oI same to Barnstead Tber-
molyne Corp. and Mr. and Mrs. Richard
J. Kelly, presented and read.
Council Member Klaesner moved that
the communication be received and filed,
Seconded by Council Member Pratt, Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Dalch, Heck-
mann, Klaesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 61-89
RESOLUTION APPROVING PLAT
OF A VACATED PORTION OF 20'
ALLEY LYING BETWEEN LOT 2,
BLOCK 9 IN RIVERFRONT SUB-
DIVISION NO. 3 AND LOT 60 IN
HAM'S ADDITION, BEGINNING
AT THE SOUTH PROPERTY LINE
Re~lar Session, February 20, 1989 87
OF FARRAGUT STREET THENCE
SOUTHERLY A DISTANCE OF
50 FEET
WHEREAS, there has been presented
to the City Council of the City of Du-
buque, Iowa, a plat dated January 5,
1989, prepared by IIW Associates, P.C.,
Dubuque, Iowa, describing the vacated
portion of the 20' wide alley lying bet-
ween Lot 2 of Block 9 in Riverfront Sub-
division No. 3 and Lot 60 of Ham's
Addition beginning at the south proper-
ty line of Farregut Street, thence soutber*
ly for a distance of 50 feet; and
WHEREAS, said pint conforms to the
laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated January
5, 1989 prepared by IIW Associates,
P.C., relative to the real estate
hereinabove described be and the same
is hereby approved, and the Mayor and
City Clerk be and they are hereby
authorized and directed to execute said
plat for and on behalf of the City of
Dubuque, Iowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
Resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
20th day of February, 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, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
An ORDINANCE Vacating a portion
of 20' wide alley lying between Lot 2 of
Block 9 in Riverfront Subd. No. 3 and
Lot 60 of Ham's Addn., beginning at the
south property line of Farragut St.
thence southerly a distance of 50 feet,
presented and read.
Council Member Kluesner moved that
88 Regular Session, February 20, 1989
this be considered the first reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance on
the 6th day of March, 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 Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kinesner, Pratt, Simon, Voetherg.
Nays--None~
RESOLUTION NO. 62-89
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 60A AND 60B
IN HAM'S ADDITION IN THE
CITY OF DUBUQUE, IOWA
WHEREAS, Barnstead Thermalyne
Corporation and Mr. & Mrs. Richard J.
Kelly have requested the vacation of a
portion of 20 foot alley lying between Lot
2 of Block 9 in iT~verfront Subdivision
No. 3 and Lot 60 in Ham's Addition
beginning at south property line of Far-
ragut Street thence southerly at a
distance of 50~ in the City of Dubuque,
Iowa; and
WHEREAS, IIW Associates, P.C.,
Dubuque, Iowa has prepared and submit-
ted to the City Council a plat showing the
vacated portion of a 20' alley and
assigned a lot number thereof, which
ber~malter shall be known and described
as 60A and 60B of Ham's Addition in the
City of Dubuque, Iowa; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that this portion of 20' alley is no longer
required for public use, and vacating and
sale of said portion of 20~ alley known
as Lot 60A and Lot 60B of Ham's Addi-
tion in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot
60A & Lot 60B of Ham's Addition in the
City of Dubuque, Iowa.
Section 2. That the conveyance of Lot
60A m~d Lot 60B of Ham's Addition in
the City of Dubuque. Iowa be contingent
upon the petitioners payment of $500.00
plus platting, publication and filing fees.
Section 3. That the City Clerk be and
is hereby authorized and directed to
cause and notice of intent to dispose of
said real estate in the manner as pre-
scribed by law.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolutlon, setting matter for
Public Hearing on March 6, 1989 at 7:30
p.m. in the Public Library and that the
City Clerk should publish notice in the
manner prescribed by law. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitting documents providing for the bid-
ding procedures for the construction of
the relocation of an existing 30'~ Sanitary
Sewer Force Main required for the con-
struction of relocated Highway 61
through the City, presented and read.
Council Member Khiesner 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--None.
RESOLUTION NO. 63-89
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed pl~ns, specifications,
form of contract and estimated cost for
the Relocation of Existing 30" Force
Main from 4th and Central to 3rd and
Iowa, in the estimated mnount of
$132,639.74, are hereby approved and
Regular Session,
ordered filed in the offlee of the City Clerk
for public inspection.
Passed, approved and adopted this
20th day of February, 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, Heckmann,
Kluesner, Pratt, Simon, Voetharg.
Nays--None.
RESOLUTION NO. 64-89
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
Relocation of Existing 30" Force Main
from 4th and Central to 3rd and Iowa.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of March,
1989, a public hearing will be held at 7:30
p.m. in the Public Libr m-y Auditorium at
which time interested persons may ap-
pear and be heard for or against the pro-
posed plans and specifications, form of
contract and cost of said improvement,
and the City Clerk be wad is hereby
directed to cause a notice of time and
place of such hearing to be published in
a newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days nor
more than twenty days prior to the day
fixed for its consideration. At the hear-
lng, any interested person may appear
and file objections to the proposed plans,
spedfications, contract, or est~nated cost
of the improvement.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
February 20, 1989 89
Council Member Kluesner moved adop-
tlon of the Resolution, setting matter for
Public Hearing on March 20, 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 Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 65.89
ORDERING BIDS
BE IT RESOLVED BY THE COUN-
CIL OJv THE CITY OF DUBUQUE,
IOWA:
That tho Rehication of Existing 30"
Force Main from 4th and Central to 3rd
and Iowa is hereby ordered to be adver-
tised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accompany
each bid shall be in an amount which
shall conform to the provisions of the
notice to bidders hereby approved as a
part of the plans and specifications
theretofure adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Du-
buque, Iowa, which notice shall not be
less than four days nor more than twen-
ty days prior to the receipt of said bids
at 2:00 p.m. on the 9th day of March,
1989. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. on the 20th day of March,
1989.
Passed, approved and adopted this
20th day of February, 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 Membea's Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
90 Regular Session February 20, 1989
ORDINANCE NO. 3-89
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
THE "ZONING ORDINANCE OF
THE CITY OF DUBUQUE" BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY FROM R-2
TWO-FAMILY RESIDENTIAL
DISTRICT TO ID INSTITUTIONAL
DISTRICT AND TO APPROVE A
CONCEPTUAL DEVELOPMENT
PLAN FOR THE MERCY HEALTH
CENTER/MEDICAL ASSOCIATES
CLINIC ID INSTITUTIONAL
DISTRICT, said Ordinance having been
presented and read at the Council
Meeting of 1-16-89, and amended at the
Council Meeting of 2-6-89. presented for
final adoption.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 3-89
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
THE "ZONING ORDINANCE OF
THE CITY OF DUBUQUE" BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY FROM R-2
TWO-FAMILY RESIDENTIAL
DISTRICT TO ID INSTITUTIONAL
DISTRICT AND TO APPROVE A
CONCEPTUAL DEVELOPMENT
PLAN FOR THE MERCY HEALTH
CENTER/MEDICAL ASSOCIATES
CLINIC ID INSTITUTIONAL
DISTRICT.
WHEREAS, Mercy Health Center and
Medical Associates Clinic, PC have filed
an application for reclassification from
R-2 Twc~Family Residential to tD In-
stitutional District and have also filed a
Conceptual Development Plan for certain
properties hereinafter described in acco~
dance with provisions of the ID Institu-
tionai District regulations as set forth in
Section 3-5.2 of the Code of Ordinances,
Appendix A thereof, of the City of Du-
buque, Iowa; and
WHEREAS, the Planning and Zoning
Commission has held a public hearing on
said application for zoning reclassifica-
tion and said Conceptual Development
Plan pm-suant to required published
notice; and
WHEREAS. the Planning and Zoning
Commission has approved said applica-
tion for zoning reclassification and said
Conceptual Development Plan subject to
specific conditions and restrictions hav-
ing found that said plan conforms with
;he review standards applicable to such
plans as set forth in Section 3-5.2D(4) of
the Code of Ordinances, Appendix A
thereof, of the City of Dubuque, Iowa;
and
WHEREAS, tbe Planning and Zoning
Commission recommended the concur-
rence of the City Council and approval
of said application for zoning reclassifica-
tion and said Conceptual Development
Plan; and
WHEREAS, the City Council has
received the recormnendatlon of the Plm~-
ning and Zoning Comnlission and held its
own public hearing on said application for
zoning reclassification and said Concep-
tual Development Plan pursuant to re-
quired published notice; and
WHEREAS, the City Council has ap-
proved said Conceptual Development
plan and said application for zoning
reclassification and said Conceptual
Development Plan pursuant to required
published notice; and
WHEREAS, the City Council has ap-
proved said Conceptual Develop~nent
plan and said application for zoning
reclassification subject to the same
specific conditions and restrictions.
NOW, THEREFORE, BE IT OR-
)AINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by revising Appendix A thereof, also
known as the "Zoning Ordinance of the
City of Dubuque, Iowa", by reclassify-
ing from R-2 Tw~-Family Residential
District to ID Institutional District the
following described property to vat:
Lot i of Lot 25, Lot 24, the East
'/2 of Lot 8, Lot 9, Lot 21, Lot 22,
Lot 23 all of Massey Heigbte Sub-
division, and to the center line of
the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Regular Session, February 20, 1989
91
Section 2. That the Code of Ordinances
of the City of Dubuque. Iowa be amend-
ed by revising Appendix A thereof, also
known as "Zoning Ordinance of the City
of Dubuque". hereby adopting and ap-
proving the Conceptual Development
Plan, a copy of which is attached to and
made a part hereof, for the following
described property, to wit:
Lot 2 of Lot 1 of City Lot 731, ex-
cept the southerly 100 feet thereof
adjoining Dodge Street; Lot 1-2-1
of City Lot 732; Lot 2 of Sub of
City Lot 731; Lot 1. Lot 1-2-2, and
Lot 2-2-2, all in Langworthy Place;
all of Peabody Street; all of Clara
Street; Lot 1 of vacated Augusta
Street; Lot 1-1, Lot 2-2 and Lot
2-17 all in Agues Langworthy's
Sub; Lot 2 of"vacated alley lying
between and abutting said Lot 1
and Lot 2 and Lot 17 each of
Agnes Langworthy's Sub"; Lots
3 to 16 inclusive of Agues Lang-
worthy's Sub; vacated alley lying
between and abutting Lots 3
through 8 and Lots 9 through 16
in Agnes Langworthy's Sub;
McCauley Hall Place; that portion
of Jmnes Street lying south of
Langworthy Avenue; Lot 10, Lot
11, Lot 12, Lot 13, Lot 14, Lot 15,
Lot 16, Lot 17, Lot 18, Lot 19, Lot
20, Lot 21, Lot 22 and Lot 23. Lot
1-25, Lot 24, East ~/~ of Lot 8, Lot
9, all in Massey Heights; Lot t of
Mineral Lot 66, the North 286 ' of
Lot 2 of Lot 2 of Mineral Lot 66;
Lot 1of Lot 1 of LOt 3 of Lot 1 m~d
LOt 2-1-3-1, all of Mineral Lot 68;
Lot 3 of Mineral Lot 68; Lot I and
Lot 2 of Mineral Lot 69; Mineral
Lot 70; Lot 3, Lot 1-4, Lot 1-1-5,
Lot 1-1-6, Lot 2-1-6, Lot 1-2-6, Lot
2-2-6 and Lot 4-A all in Subdivi-
sion of Mineral Lot 72; Lot 1-2-10
of Mineral Lot 73; Lot 2 of Sub of
Lot 1-2-2 of Mineral Lot 72 and
Lot 1-10 of Mineral Lot 73 and
Lot 2 of Mineral Lot 74; Lot
1-1-2-2 of Mineral Lot 72 and Lot
1-10 of Mineral Lot 73 and Lot 2
Mineral Lot 74; Lot 1-4-2-1 of
Mineral Lot 68; Lot 2-2-4-2-1 of
Mineral Lot 68; Lot 1-2-1 of
Mineral Lot 68, Lot 2-3-1 of
Mineral Lot 68; Lot 1-1-3-1 of
Mineral Lot 68; Lot 1 of Massey
Heights Subdivision; Lot 2-1-2-9
of Mineral Lot 73; Lot 1-1-2-9 of
Mineral Lot 73; that portion of
Wooten Avenue east of McClain
Street; and to the center line of the
adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 3. That in order to accomplish
the purposes of the ID Institutional
District and of the Zoning Ordinance, the
property hereinabove described is subject
to the following conditions and
restrictions:
A. Use Regulations.
The following regulations shall apply to
all uses made of land in the above-
described ID Institutionai District:
1) Principal permitted uses shall be
limited to the following:
a) Hospitals [46]
b) Outpatient care facilities [36]
c) Residential care facilities [18]
d) Offices for administrative per-
sonnel or otlier institutional employees
or affiliates [14]
e) Classroom, laboratories, lecture
halls, auditoriums and similar places of
institutional assembly [45]
f) Off-street parking and loading
[NAI
g) Nursing or convalescent homes
of institutional residents or affiliates [2]
h) Recreational or athletic facilities
for the primary use mad benefit of institu-
tional residents or affiliates [45]
i) Existing private uses or struc-
tures situated within an ID Institutional
District for which the R-3 District stan-
dards shall apply INA]
j) Single4amily, two-family, [11] or
multi-famgy dwellings for the housing of
institutional residents or affiliates [9]
k) Facilities and operations for the
diagnosis, care and treatment of human
health disorders, including examination
or operating rooms, physical therapy or
x-ray facilities, psychiatric treatment.
convalescent care and similar hospital-
related uses, but not to include commer-
cial uses or uses listed as conditional or
accessory for the ID Institutional Dis-
trict. This provision shall include
separate doctors clinics or other medical
facilities not owned or operated by the
principal institution, but only when such
facilities are functionally related to the
institution [36}
1) Churches [7], libraries, museums
[131
92 Regular Session, February 20, 1989
2) Accessory uses. The following uses
shall be permitted as accessory uses in
the above-described ID Institutional
District:
a) Restaurants or cafetexias; flower
shops; gift shops; and candy, cigar or
magazine stands; but only wben operated
and located entirely within a principal
building.
b) Facilities for the compounding,
dispensing or sale of drugs or medicines,
prosthetic devices, lotions and prepara-
tions, dental care supplies, eye wear, ban-
dages or dressings, and similar medical
or health related supplies.
c) All other uses customarily in-
cidentel to tbe principal permitted use in
conjunction with which such accessory
use is operated or maintained, but not to
incinde commercial uses outside a prin-
cipal building.
B. Lot and Bulk Regulations.
Development of land in the ID Institu-
tional District shall be regulated as
follows:
1) All buildings, structures and ac-
tivlties shall be located in conformance
with the attached Conceptual Develop-
ment Plan and all final site development
plans shall be approved in accordance
with the provisions of the ID Institu-
tional District regulations, as provided
in the Zoning Ordinance of the City o£
Dubuque, Iowa.
2) A minimum setback of 15 feet
shall be required for the northwest park-
ing rmup from the west property line.
Also, the northwest corner of the north-
west ramp shall be 15 feet from the north
property line.
C. performance Standards.
The development and maintenance of
uses in the ID Institutional District shall
be established in conformance with the
toliowing standards, as well as with the
regulations of Section 3-5.2 of the ID In-
stitutional District:
1) Construction of tbe northeast
parking structure will be completed prior
to the building expansion for Mercy
Health Center and construction of the
northwest parking structure will be com-
pleted prior to the building expansion for
Medical Associates. Construction of the
parking structures shali commence be-
tween June 1989 and June 1990.
2) The construction of the proposed
buikling expansions for Mercy Health
Center and Medical A~ ssociates shall com-
mence in 1990, with completion within
three years.
D. Site Development Standards.
The site development standards for this
ID Institutional District shall be
established as follows:
1) The landscaping and screening
quirements shall be established in accor-
lance with the requirements of Section
4-5 of the Zoning Ordinance of thc City
of Dubuque, Iowa except that Section
4-5.4(3)a shall be omitted. All other site
development standards of Section 4-4
shall apply.
2) Additional landscaping is to be
provided between parking Lot A and the
adjoining residential district and also
along the corner of James Street and
Langworthy Avenue.
E. Sign
The following regulations shall apply to
all signs in this particular ID Institu-
tional District as follows:
1) Ti~e maximum allowable area
limitation for wail-mounted identification
signs for Mercy Health Center shall be
established at 350 square feet per proper-
ty street frontage adjdming Langworthy,
Mazzuchelll, Wooten and Dodge. The
maximum size of any one sign shali not
exceed 250 square feet and the maximum
number of signs for any one frontage
shall not exceed 8.
2) The maximum allowable area
limitation for free-standing identification
signs for Mercy Health Center shall be
established at 850 square feet per proper-
ty street frontage adjoining Langworthy,
Mazzucballi, Wooten and Dodge. The
maximum size of any one sign shall not
exceed 250 square feet and the maximum
number of signs for any one frontage
shall not exceed 4.
8) All existing wall-mounted or free-
standing signs may be relocated as is re-
quired by additions, alterations or
changes in building configuration for
Mercy Health Center. The square footage
limitations herein above described in
numbers 1) and 2) shall apply.
4) A maximum area of 350
cumulative square feet of sign face per
each frontage of Wooten, Hill and
Regular Sessior
Langworthy for Medical Associates
Clinic be established. The maximum area
of any sign shall not exceed 200 square
feet and the maximum number of signs
shall not exceed 12.
5) That all other sign regulations not
herein identified shat[ conform te Section
4-3.11 Schedule of Sign Regulations for
the ID Institutional District.
F. Parking Requirements.
The off-street parking requirements for
the principal permitted uses for the
herein described ID Institutional District
may be indicated by a bracket-enclosed
number next to the use, as provided in
Section 4-2.7 of the Zoning Ordinance of
the City of Dubuque, Iowa.
1) The northwest parking ramp may
be built to a maximum of one level above
the grade entrance at Langworthy to
cover the entire structure.
G. Time Limitation.
The Conceptual Development Plan shall
be valid for a period of five years provid-
ed a final site development plan is sub-
mitted within one year from the date of
approval.
H. Transfer of Ownership.
Transfer of ownership or lease of prope~
ty in this ID Institutional District shall
include in the transfer of lease agreement
a provision that the purchaser or leasee
acknowledges awareness of the condi-
tions authorizing the establishmdnt of
this district.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ORDINANCE NO. 3-89
We, the undersigned, representatives
for Mercy Health Center and Medical
Associates Clinic, PC, having read the
terms and conditions of the foregoing Or-
dinance No. 3-89 and being familiar with
the conditions thereof, hereby accept the
same and agree to the conditions required
therein.
Dated at Dubuque, Iowa, this 20th day
of February, 1989.
, February 20, 1989
By: s/Sister Helen Huewe, OSF
President and Chief Executive Officer'
Mercy Health Center
By: s/Robert Malgaard, M.D.
President and Chief Executive Officer
Medical Associates Clinic, PC
Published officially in the Telegraph
Herald this 24th day of February, 1989.
Mary A. Davis
City Clerk
it 2/24
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Heckmann, Kkiesner,
Pratt, Simon, Voetrberg. Nays--Council
Member Daich.
Communication of City Manager sub-
mitting documents and requesting ap-
proval for the submission of a CEBA
Program application to the IA Dept. of
Economic Development and approving
an amendment to March 23, 1987 at
CDBG Loan Agreement all with the
Dubuque Data Services Co., presented
and read.
Council Member Kluesner moved that
the communication be received and
filed. Seconded by Council Member
Heckmann. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
RESOLUTION NO. 66-89
A RESOLUTION AUTHORIZING
THE FILING OF A COMMUNITY
BETTERMENT ACCOUNT GRANT
APPLICATION ON BEHALF OF-
THE DUBUQUE DATA SERVICES
COMPANY MARKETING PROJECT
WHEREAS, The Dubuque Data Ser-
vices Company, a local data processing
service bureau, has proposed the im-
plementation of a new marketing pro-
gram; and
WHEREAS, the City Council of Du-
buque, Iowa has considered said proposal
and has determined that it will assist in
the retention of an existing business
while contributing to the local economy;
and
WHEREAS, the Community Eco-
nomic Betterment Account (CEBA) pro-
~am has been created by the Iowa
94
Regular Sessior February 20, 1989
Department of Economic Development
to assist in the economic development ef-
forts of local jurisdictions; and
WHEREAS, the City of Dubuque,
Iowa is eligible to apply for funding from
the Comm~mity Economic Bettexment
Account program as defined in House
File 225, Acts of the 71st General
Assembly.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectinn L That the filing of an applica-
tion for participation in the Iowa Com-
munity Economic Betterment Account
program in behalf of the Dubuque Data
Services Company's expansion project is
approved.
Section 2. That the City Manager be
and be is hereby autliorized to execute
and submit said application to the State
of Iowa Development Comlnisaion and
other appropriate agencies together with
such documents as may be required.
Passed, approved and adopted tins
20th day of February, 1989.
James E. Brady
Mayor
Aq~2EST:
Mary A. Davis
City Clerk
Com~all Member Kluesner ~noved adop-
tion of. the Reselutlon. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 67-89
A RESOLUTION AUTHORIZING
THE AMENDMENT OF A COMMU-
NITY DEVELOPMENT BLOCK
GRANT LOAN AGREEMENT WITH
THE DUBUQUE DATA SERVICES
COMPANY
WHEREAS, under provisions of Title
I of the Housing and Commmunity
Development Act of 1974, as amended
the City of Dubuque has received Com-
munity Development Block Grant Funds
for the purpose of stimulating econonuc
devalopment activities wltinn the com-
munity; and
WHEREAS, the City of Dubuque,
Iowa entered into a Colmn~mity Develop-
ment Block Grant loan agreement with
the Dubuque Data Services Company on
March, 23, 1987, a copy of which is
attached hereto and incorporated herein;
and
WHEREAS, the Dubuque Data Ser-
vices Company has requested and the
City has agreed that said loan agreement
shell be amended by revising the job
creation goals required of the company
and by providing for a new loan payment
~chedule with all other terms and condi-
tlons of said loan agreement to remain
n full force and effect; and
WHEREAS, a copy of said amend-
ment is attached hereto and incorporated
herein;
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
attached Community Deveinpment
Block Grant Loan Agreement Amend-
merit.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Reselution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager
recommending approval of a loan to
Dubuque In-Futuro. Inc. for the purpose
of grading sites in the second phase of
Dubuque Industrial Center, presented
and read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Co,mci1 Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Regular Session, February 20, 1989
95
RESOLUTION NO. 68-89
RESOLUTION AUTHORIZING AC-
CEPTANCE OF AN AGREEMENT
PROVIDING FOR THE LOAN OF
$200,000 COMMUNITY DEVELOP-
MENT FUNDS TO DUBUQUE IN-
FUTURO, INC. FOR GRADING OF
DUBUQUE INDUSTRIAL CENTER
-- PHASE II.
WHEREAS, the City of Dubuque,
Iowa and Dubuque In-Futuro, Inc. have
entered into a Memorandum of Agree-
ment dated August 17, 1981, and have
therein provided for the assignment to
Dubuque In-Futuro, Inc. of responsibili-
ty for the development and manogement
of the Dubuque Industrial Center; and
WHEREAS. eighty-live pement of the
sites in the Dubuque Industrial Center
have been sold; and
WHEREAS, there is a need to prepare
additional sites for industrial develop-
ment; and
WHEREAS, Dubuque In-Futuro, Inc.
has requested that the City of Dubuque
lend Dubuque In-Futuro, Inc. funds in
the amount of $200,000 to be used to
grade newly acquired land to be known
as Dubuque Industrial Center -- Phase
II; and
WHEREAS, a Loan Agreement and
accompanying Promissory Note with
Dubuque In-Futuro, Inc. have been
prepared and the same are attached
hereto 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 City Council of the
city of Dubuque, Iowa hereby finds and
determines that a public purpose is to be
served by the loan of funds to Dubuque
In-Futuro, Inc.
Section 2. That the Mayor and the 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, pee-
vidlng for a loan of $200,000 to Dubuque
In-Futuro, Inc. according to the terms
specified therein.
Section 3. That the City Manager be
and he is hereby authorized to disburse
funds according to the Loan Agreement
from Community Development Funds.
Passed, approved and adopted this
20th day of February, 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, Heckmann,
Kinesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing approval of an amendment to
a Loan Agreement with Dubuque Stamp-
ing and Manufacturing, Inc., presented
and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dcich, Heckmann, Kfuesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 69-89
RESOLUTION AUTHORIZING AC-
CEPTANCE OF AN AMENDMENT
TO A LOAN AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE
AND DUBUQUE STAMPING AND
MANUFACTURING, INC,
WHEREAS, the City of Dubuque,
Iowa wishes to continue its assistance to
the Dubuque Stamping and Manufactur-
ing, Inc. in the enhancement of i~s
economic viability, for the ongoing pur-
pose of creating permanent employment
opportunity for its citizens, and to
stabilize and improve the City's tax base;
and
WHEREAS, the City and the Com-
pany have previously entered into a Loan
Agreement, dated March 19, 1'984, and
the same and accompanying Real Estate
Mortgage are attached hereto and by this
reference made a part hereof; and
WHEREAS, an Amendment to the
Loan Agreement has been executed by
Dubuque Stamping and Manufacturing,
Inc., providing for a new loan payment
schedule, ali other terms and conditions
96 Regular Session,
of the Loan Agreement to remain in full
force and effect.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the Mayor and the City
Clerk be and they are hereby authorized
and directed to endorse the acceptance
of the City of Dubuque, Iowa upon the
Amendment to the Loan Agreement
hereto attached, providing for the exten-
sion of the $150,000 loan to Dubuque
Stamping and Manufacturing, Inc., ac-
cording to terms specified therein.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady.
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of tbe Resointion. Seconded by Counail
Member Heckmann. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kfuesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing approval of McAleace Park and
Recreation Complex Concession Agree-
ment with RJ's Concessions and
authorizing City Mgr. to execute agree-
ment, p~esented and read.
Co~mcil Member Voetberg moved that
the communication be received and filed
and concurred with approval for RJ's
Concessions. Seconded by Council
Member Ih-att. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Iteckmann, Pratt, Simon,
Voetberg. Nays--Counall Members
Deich, Kluesner.
Communication of park and Recrea-
tion Commission recommending Agree-
ment with Oak Ridge Athletics,
presented and read.
Council Member Voetberg moved that
the conm~unication be received and filed.
Seconded by Council Member Pratt. Car-
fled by the following vote: Yeas--Mayor
Brady, Council Members Heckmann,
Pratt, Simon, Voetberg. Nays--Council
Members Deich, Kinesner.
petition of Attorney Donald Breitbach
February 20, 1989
on behalf of R.J.'s Concessions, contain-
ing approximately 27 signatm'es support-
ing the bid of R.J.'s Concessions for
McAleece Park and Recreation Complex,
and read.
Council Member Voetberg moved that
the petition be received and filed. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Heckmann, Pratt,
Simon, Voetberg. Nays--Couneil Mem-
Council recessed at 8:56 p.m.
Reconvened at 9:09 p.in.
Coimnunicatten of City Manager sub-
'aitting report on Planning a~d Zoning
Commissions' discussion of Fceeway Cot-
~idor Planning project (referred from
meeting of 1-3-89), presented and read.
Council Member Pratt moved that the
communication be received and filed and
accepted timetable as recommended by
Planning and Zoning. Seconded by Coun-
cil Member Kinesner. Carried by tbe
following vote: Yeas--Mayor Brady,
Council Members Deich, Hackmann,
Kfuesner, Pratt, Signori, Voetberg.
Nays--None.
Communication of Corperatlon Coun-
sel submitting an Ordinance relating to
food and beverage vending machines,
presented and read.
Council Member Ih-att moved that the
received and filed.
Seconded by Council Member Heck-
nann. Cartied by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kinesner, Pratt,
Simon, Voetberg. Nays--None.
ORDINANCE NO, 4-89
~RDINANCE AMENDING THE
CITY OF DUBUQUE, CODE OF OR-
DINANCES, BY REPEALING OR-
DINANCE NO. 55-88, RELATING TO
VENDING MACHINES, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 4-89
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE, CODE OF OR-
DINANCES. BY REPEALING. OR-
DINANCE NO. 55-88, RELATING TO
VENDING MACHINES.
Regular Session
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Ordinance No. 55-88 of the
City of Dubuque Code of Ordinances is
hereby repealed,
Section 2. This Ordinance shall take ef-
fect immediately upon its publication as
provided by law.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
February, 1989.
Mary A. Davis
City Clerk
it 2/27
Council Member Pratt moved tl~s to
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
Heckmanu. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Heakmann, Kluesner.
Pratt, Simon, Voetberg. Nays--None.
Communication of City Manager re-
questing support of House File #93 deal-
ing with Iowa Department of Revenue's
remittance of Local Option Tax,
presented and read.
Council Member Heckmarm xnoved
that the communication be received and
filed. Seconded by Com~eil Member
Voetberg. Carried by the following vote:
yeas--Mayor Brady, Council Memi)ers
Deich, Heckmann, Kluesner, Pratt.
Simon, Voetberg. Nays--None.
RESOLUTION NO. 70-89
A RESOLUTION ENDORSING
HOUSE FILE NO. 93 WHICH RE-
LATES TO REMITTANCE OF THE
LOCAL OPTION SALES TAX TO
LOCAL GOVERNMENTS
WHEREAS, the voters of the City of
February 20, 1989 97
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%)
in favor and 1,931 (20%) opposed; and
WHEREAS, the sales aud services tax
payment for the quarter ending June 30,
1988, was not received until November
4, 1988; and
WHEREAS, the saies and services ta~
payment for the quarter ending
September 30, 1988, was not received un-
til February 10, 1989; 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, Iowa, believes this is
too long a delay in receiving payments
and wishes to support a House bill filed
by Mike Peters relating to remittance of
the local option sales tax to local
government.
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 House File No. 93 which relates to
remittance of the local option sales tax
to local governments.
Section 2. That the City Clerk is hereby
authorized and directed to transmit this
resolution to area legislators, members of
the House Ways and Means Committee,
the Governor, and the League of Iowa
Municipalities.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolutinn. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Council Member Kluesner moved that
this be considered the second reading on-
ly of an ORDINANCE Amending Code
98 Regular Session, February 20, 1989
of Ordinances of the City of Dubuque by Deich. Carried by the following vote:
repealing Chapter 20 and enacting a new Yeas--Mayor Brady, Council Members
Chapter 20 in lieu thereof to comprchen-
~ively revise the Residential Housing
Code. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady. Council Members
Ddich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Council Member Kluesnex moved that
this be the second reading of a Resolu-
tion Providing for the establishment of
a new "Schedule A. Residential Housing
Code Fees". Seconded by Council
Member Pratt. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Dcich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
BOARDS AND COMMISSIONS
HUMAN RIGHTS COMMISSION:
Three terms which will expire 1-1-92
(Terms now filled by Bralg, Malers,
Healy). APPLICANTS: Karla Bralg,
Roger Malers, Static Neldaughter,
Steven Rackis, Mary Timmerman.
Mayor Brady voted for Bralg, Malers &
Rackls. Council Member Deich voted for
Braig, Maiers & Rackis. Council Member
Heckmann voted for Bralg, Malers &
Rackis. Council Member Kluesner voted
for Braig, Malers & Rackis. Council
Member Pratt voted for Bralg, Maiers &
Rackis. Council Member Simon voted for
Braig, Malers & Rackls. Council Member
Voetberg voted for Bralg, Maiers &
Rackis. Therefore, Kavla Braig, Roger
Malers and Steven Rackis be appointed
for three year terms which will expire
1-1-92.
TRANSIT BOARD'--1 Unexpired
Term which will expire 7-30-90. APPLI-
CANT(S): Robert Fuerste.
Council Member Kluesner moved that
Mr. Fuerste be appointed to the ~mex-
pired term on the Transit Board which
will expire July 30, 1990. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady.
Council Members Dcich, Heckmmm
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
PLUMBING BOARD -- 1 Unexpired
term which will expire 11-91.
Council Member Kluesner moved that
Davkl Buechele be appointed to the unex-
plred term. Seconded by Council Membex
Dcich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Council Member Voetberg moved ap-
proval of tile appalntment of Assistant
City Manager Stepbarl Johnson as oz~
alternate to the Operation: New View
Bom'd. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetherg. Nays--None.
RESOLUTION NO. 71-89
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.
Loren E. Zihlke
Milk House 2311 Windsor Ave.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member IGuesner 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.
RESOLUTION NO. 72-89
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Coundl for approval and the same
have been examined m~d approved; and
WHEREAS, The premises to be oc-
cupied by such applicant s were inspected
and found to comply with tbe 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.
--- Reg___ular Session
CLASS "B" BEER PERMIT
Common Stock Trust of
Ellis I. Levitt & Central
Management Corporation
Long John Silvers 1500 J.F.K.
(Also Sunday Sales)
George M. Stephenson
Bunker Hill Golf Course
Bunker Hill Rd
(Also Sunday Sales)
Dubuque Star Brewing Co.
E. 4th St. Ext.
Kid's World Pizza Place
and Fun Center
3033 Asbnry
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Brian's, Inc.
3305 Asbury Road
(Also Sunday Sales)
Loren E. Zihlke
Milk House 2311 Windsor
(Also Sunday Sales)
CLASS "E" BEER PERMIT
Nash-Finch Company
Econofoods #471 3355 JFK Circle
(Also Sunday Sales)
Passed, approved and adopted this
20th day of February 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner 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.
RESOLUTION NO. 73-89
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-
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;
February20, 1989
NOW, THEREFORE, BE IT RE-
SOLVED by tim 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
The Apartments, Ltd.
Dubuque Mining Co. Kennedy Mall
(Also Sunday Sales)
Town Clock Inn, Inc.
Towel Clock Plaza
(Also Sunday Sales)
Schroby's, Inc.
Schroby's 1121 University
(Also Sunday Sales)
Mr. Jo's, Inc.
Shakey's Pizza and Buffet
1895 J.F.K.
(Also Sunday Sales)
SPECIAL CLASS "C" (BW)
WINE LICENSE
Ken Fenelon Finer Foods
Restaurant, Inc.
3130 Jackson
(Also Sunday Sales)
CLASS "E" LIQUOR LICENSE
Dennis A. Althaus
Family Beverage Center
3400 Central
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolntion. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Council Member Kluesner moved ap-
proval of a verbal petition of Mayor
Brady requesting approval from City
Council for out-of-city travel for himself.
Secended by Council Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Shnon, Voetberg.
Nays--None.
100 Regular Session, February 20, 1989
Council Member Pratt moved approval
of the printed Council proceedings for the
months of September and October, 1988.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
MINUTES SUBMITTED: Civil Ser-
vice Commission of 11-1, 11-23, and
12-20; Fire Retirement Board of 1-27 and
2-8; Historic Preservation Comm. of 1-24;
Public Library of 1-26; Zoning Bd. of Ad-
justment of 12-8 and 1-26, presented and
read.
Council Member Pratt moved that the
minutes be received and filed. Seconded
by Council Member Heckmann. Carried
by the following vote: Yeas--Mayor
Brady. Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
NOTICES OF CLAIMS/SUITS:
Duane Bries in unknown amount for car
damages; Tmnmy Sue Meyers in mnount
of $35.80 for car damages; Charlesene
Stout in unknown amount for property
damages, presented and read.
Council Member Pratt moved that the
claims and suits be referred to the Legal
Staff for investigation and report.
Seconded by Councll Member Heck-
mann. Carried by the fei/owing vote:
Yeas--Mayor Brady, Council Members
Deich, 'Heckmann, Kluesner. Pratt,
Simon, Voetberg. Nays--None.
Proof of publication, certified to by the
Pablisher, of List of Claims for the month
of December, 1988 AND'Communication
of City Manager submitting Financial
Reports for the month of January, 1989,
presented and read.
Council Member Pratt moved that the
proof and communication be received and
filed. Seconded by Council Member
Heckmann. Carried by the fallowlng
vote: Yeas--Mayor Brady, Council
Members Dcich, Iteckmann. Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Iowa DOT submitting NOTICE in the
matter of condemnation of certain rights
in land for the improvement of Primary
Road No. U.S. 61 in the City of Dubu-
que for Eagle Food Centers; Jacobsen
Realty, Inc. and Sears, Roebuck & Co.,
presented and read.
Council Member Pratt moved that the
, be received and filed. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Corporation
Counsel recommending the ad-
ninistrative closure of following claims:
truck damage claim of Lloyd Gudenkauf;
sewer back-up claims (3) of Wm.
Hallahan; car damage claim of Paul Men-
nlng, presented and read.
Council Member Pratt moved that the
communication be received tu~d filed and
recommendations be approved. Second-
ed by Council Member fteckmann. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
m~um, Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Petition of Melvin Thein et al (20
signatures) requesting parking restric-
tions be lifted as to wbat side of the street
you may park on Valeria St., presented
and read.
Council Member Pratt moved that the
petition be received and filed. Seconded
by Council Member Heckmann. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich. Heck-
mann, Kluesner, Pratt, Simon. Voetberg.
Nays--None.
Operation: New View requesting fund-
lng in the amount of $10,000 from the
Fiscal Year 1989-1990 Budget, presented
md read.
Council Member Pratt moved that the
request be referred to the Budget pro-
cess. Seconded by Council Member
Heckmann. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Da/ch, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
February 2, 1989
Honorable Mayor and
Members of the City Council
In accordance with Rules and Regula-
~ established by the Civil Service
Commission on February 13, 1984, we do
hereby certify that the following have
successfully passed the required exams
md have attained the necessary cer tifica-
;ion for the position of' 'AMBULANCE
Regular Session February 20, 1989 101
MEDICAL OFFICER".
Calvin L. Motsch
Terryl E. Stewart
Jeffrey Zasada
Respectfully submitted,
s/Pat Dillon
Chairperson
s/Robert M. Miller
s/Gerald J. Koppes
Civil Service Commission
ATTEST:
Mary A. Davis
Secretary
Council Member Pratt moved that the
communication be received and filed and
made a matter of record. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing to publish Notice of En-
vironmental Review Findings for the
Automotive and Industrial Hardware
Project, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Heck-
mann. Carried by the fallowing vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner. Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 74419
RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW FIND-
lNG FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECT.
WHEREAS, the City of Dubuque
entered into a Grant Agreement for the
Calendar Year commencing March 17,
1988 with the U.S. Department of Hous-
ing and Urban Development, providing
for financial assistance to the City under
Title I of the Housing and Community
Development Act of 1974, as amended;
and
WHEREAS, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, an envlronmentel review
has been processed for the hereinafter
described project to be financed with .
Community Development Block Grant
funds; and
WHEREAS, an ad hoc Enviromnen-
tal Review Committee on November 10,
1988 has after due consideration made a
determination that the project is not a
major Federal action siguificantly affect-
ing the quality of the hunmn environ-
ment.
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 at~tborized and directed to
mblish a Notice of Finding of No Signifi-
cant Effect On the Environment for the
Automocive and Industrial Hardware
project, and to make the Environmental
Review Record for said project available
for public inspection. Such notice shall be
in the form of Exhibit "A" attached
herete and made a part hereof.
Automotive and
Industrial Hardware
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of March 6,
1989, authorizing the submission of a re-
quest to the U.S. Department of Hous-
ing and Community Development to
undertake the project.
Passed, approved and adopted this
20th day of February, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pt'att moved adoption
of the Resolution. Seconded by Council
Member Heckmann. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mltting Annual Financial Report for
Dubuque Racing Association for the
~erlod ending November 30, 1988,
~resented and read.
Council Member Pratt moved that the
report be received and filed. Seconded by
Council Member Heckmann. Carried by
102 Regular Session,
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Con~munlcatinn of Iowa Depot tment of
Natural Resources submitting DPA
pretreatment Performance Audit Inspec-
tion for Wastewater plant, presented and
read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckraann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Communication of City Manager
recommendhig approval of applications
for residential property tax exemptions
filed under the Dubuque Urban Revl-
t allzation Program, presented and read.
Counall Member Pratt moved that the
communication be received and filed.
Seconded by Council Me~nber Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady. Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 75.89
RESOLUTION APPROVING
RESIDENTIAL PROPERTY TAX
EXEMPTION APPLICATIONS,
SUBMITTED BY PROPERTY OWN-
ERS IN THE JACKSON pARK,
WEST ELEVENTH STREET, AND
WASHINGTON STREET URBAN
REVITALIZATION AREAS. AND
AUTHORIZING THE TRANSMIT-
TAL OF THE APPROVED APPLI-
CATIONS TO THE CITY TAX
ASSESSOR.
WHEREAS, the Urban Revitalization
Act, as enacted by the 68th General
Assembly of the State of Iowa, allows
cities to give property tax exemptions for
~mprovements made to properties in a
designated revitalization area; and
WHEREAS, the Urban Revitalization
Act requires each prope~'ty ov~er to sub-
mit a written application by February 1
of the assessment year for which the ex-
emption is first claimed, and further re-
quires the governing body of the City to
approve all applications that meet the
requirements of the adopted Urban
February 20, 1989
Revitalization plan and forward the ap-
proved applications to the local assessor
for review by March I of each yem'; and
WHEREAS, pursuant to the re-
quirements of said Urban Revitalization
Act, City Ordinances 74-80, 15-81, and
40-81 established the Jackson Park, West
Eleventh Street, and Washington Street
Urban Revitalization Areas, respective-
ly; and
WHEREAS, the City Cleth of thc City
of Dubuque, as of February 1, 1988,
received tax exemption applications from
owners of property .as follows:
Kevin Fagau for improvements at
235-237 E. 14th Street; Judith
Sinclair for improvements at 199
Loras Blvd.; Doug Spyrison for
improvemants at 1295 Grove Ter-
race; Milers & Schmitt Apart-
~ents for improvements at
1293-1299 Bluff; Tom Moore for
improvements at 423 Loras Blvd.;
Louis Fuller for improvements at
653 W. llth Street; Roger and
at 1295 Prairie Street; and Dale
and Mildred Conzett for im-
provements at 1045 Grove Ter-
race; and
WHEREAS, Staff of the City s Co -
munity Development Department has
reviewed the above-described applica-
tions and inspected the properties, and
has determined that the applications and
the improvements conform to all re-
quirements of the City of Dubuque's Ur-
ban Revitalization Plan,
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the above-described te~x
exemption applications meet all re-
quirements of the City of Dubuque's Ur-
Revitalization Plan.
Section 2. That the above-described tax
are hereby ap-
the City Council, subject to the
review and the approval of the City
Assessor.
Section 3. That the City Clerk of the
City of Dubuque is hereby authorized to
forwm'd the above-described tax exemp-
tion applications to the City Assessor.
Passed, approved and adopted this
Regular Sessior
20th day of February, 1989.
Ja~nes E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Heckmann. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitring a brief summary of a meeting
held on February 11, 1989, regarding FY
1990 budget, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Councll Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dcich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
9:40 p.m. Council Member K1uesner
moved to go into Closed Session in ac-
cordance with Chapter 21.5(1) (c) to
discuss with Counsel matters that are
presently in litigation. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
9:50 p.m. Council reconvened.
There being no further business, Coun-
cil Member Heckmann moved to adjourn
at 9:51 p.m. Seconded by Council
Member Voetberg. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
pratt, Simon, Voetberg. Nays--None.
Mary A. Davis
City Clerk
, February20, 1989
Approved
Adopted
Mayor
Council Members
ATTEST:
City Clerk
103
1989
1989