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1989 March Council ProceedingsRegular Sessior CITY COUNCIL OFFICIAL Regular Session, March 6, 1989 Councri Met at 7:30 p.m, at the Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. PROCLAMATION(S): Month of March as "Women's History Month" received by Sara McAlpin; Month of March as "Mental Retardation Month" received by Roy Schmeichel; Month of March as "Professional Social Work Month" received by Mary Walsh. Thexe was a signing of a Protocol Agreement between the City of Du- buque, IA and Pyatigorsk, District of Stavropol, USSR. Bob Wild, of Dubuque, spoke and coordinated the signing. Council Member Simon moved that the rules be suspended to allow anyone pre- sent to address the Council, Seconded by Council Member Voetberg. Carried by the fonowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Proof of publication, certified to by the Eubrisher, on Notice of Hearing on Plans and Specifications for the construction of Gillespie Street Sanitary Sewer, pre- sented and read. There were no written objections reccived and no oral objectors present at the time of the Hearing. Coundfl Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Property Owhers on public hearing for the construction of March 6, 1989 104 Gillespie Street Sanitary Sewer; Cer- tificato of City Clerk cextifying notices were sent to known property owners regarding public hearing on project, presented and read. Council Member Pratt moved ~hat the proof and certificate be received and fil- ed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner,. Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 76-89 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLU- TION OF NECESSITY PROPOSED FOR THE CONSTRUCTION OF GILLESPIE STREET SANITARY SEWER WHEREAS, the City Coundfl has pre- posed a Resolution of Necessity for the Construction of G'fllespie Sanitary Sewer, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Conncil; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resohiffmn of Necessity. NOW, THEREFORE, BE IT RE- SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and ~11 ob- jections fried or made having been duly considered are overruled. Passed, approved and adopted this 6th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundfl 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. 105 Regular Session March 6, 1989 Nays--None. RESOLUTION NO. 77-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 1st day of February, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Construction of Glilespie Street Sanitary Sewer; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the said plans, specifications, .form of contract and estimated cost are hereby approved as the plans, specifica- tigriS, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of March. 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Heckmarm. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 78-89 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Construction of Gillespie Street Sm~itary Sewer is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the mount of the security to accompany each bid shall be in 'an mnount winch shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvemente herein provided, to be published in a newspaper having generai circulation in the City of Du- buque, Iowa, winch 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 14th day of March, 1989. Bids shall be opened and read by the City Clerk at said time and will be sub~ditted to the Council for final action at 7:30 p.m. on the 20th day of March, 1989. Passed, approved and adopted tins 6th day of March, 1989. James E. Brady Mayor Aq~rEST: 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 Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the rublisher, on Notice of Public Hearing to consider reclassifying property at the southwest corner of Kaufmann and J.F.K. Road from R-1 to OR District, presented and read. There were no writ- ten objections received and no oral objec- tors present at the time of the Heoxing. Council Member Simon moved that the proof of publication be received and fried. Seconded by Council Member Heck- xnann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 5-89 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, IOWA TO RECLASSIFY HEREINAFTER DE- SCRIBED PROPERTY AT THE Regular Session March 6, 1989 106 sOUTHWEST CORNER OF KAUF- MANN AND JOHN F. KENNEDY ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of February 20, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 5-89 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, IOWA TO RECLASSIFY HEREINAFTER DE- SCRIBED PROPERTY AT THE SOUTHWEST CORNER OF KAUF- MANN AND JOHN F. KENNEDY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 of the City of Dubuque, Iowa" to reclassify hereinafter described property from R-1 Single-Family Residential District to OR Office Residential District with condi- tions, to wit: Lot I of Lot 7, Lot 2 of Lot 7, Lot 1 of Lot 6, Lot 2 of Lot 6, Lot 1 of Lot 5 and Lot 2 of Lot 5, all in Block 3, Johansen Subdivision No. 1; and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the above-described reclassification to OR Office Residential District shall include the hereinafter described condition to which the proper- ty owners, Robert Lundin and Dan Boge, and the applicant, Dominic Goodmann have agreed to in writing prior to the public hearing; (A) A six-foot screening of live plant material be established on the westerly boundary. Section 3. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque. Iowa. Section 4. That the Mayor and City Clerk of the City of Dubuque, Io~a shall certify and file this ordinance, after its passage, with the County Recorder of Dubuque County, Iowa, and the Re- corder shall enter tins instrument of record. Passed, approved and adopted this 6th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of March, 1989. Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider rezoding property to be known as Dubuque Industrial Center -- phase II from AG to PI District, presented and read. There were no writ- ten objections received and no oral objec- tors present at the time of the Hearing. Council Member Simon moved that the proof of publication be ~ceived and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO.~ AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREINAFTER 107 Regular Session March 6, 1989 DESCRIBED PROPERTY TO BE KNOWN AS DUBUQUE INDUS- TRIAL CENTER -- PHASE II FROM AG AGRICULTURAL DISTRICT TO PI PLANNED INDUSTRIAL DIS- TRICT, said Ordinance having been pre- sented and read at the Council Meeting of February 20, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. ~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, IOWA" BY RECLASSIFYING HEREINAF- TER DESCRIBED PROPERTY TO BE KNOWN AS DUBUQUE IN- DUSTRIAL CENTER -- PHASE II 'FROM AG AGRIC~ULTURAL DIS- TRICT TO PI PLANNED IN- DUSTRIAL DISTRICT. WHEREAS, Dubuque In-Faturo, Inc., has flied an application for reclassifica- tion from AG Agricultural to PI Planned Industrial District and has also filed a conceptual development plan for certain properties hereinafter described in accor- dance with provisions of the PI Planned Industrial District regulations as set forth in Section 3-4.3 of the Code of Or- dlnances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hearing on said application for zoning reclassifica- tion and conceptual development plan pursuant to required published notice; and WHEREAS. the Plauning and Zoning Commission has approved said applica- tion for zoning reclassification and ap- proval of said conceptual development plan subject to specific conditions and restrictions having found that said plan conforms with the review standards ap- plicable to such plans as set forth in Sec- tion 3-4.3D(4) of the Code of Ordinances, Appendix A thereof, of the City of Du- buque, Iowa; and WHEREAS, the Plauning 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 Comicil h~s held a public hearing on said conceptual development plan and said application for zoning reclassification pursuant to re- quired published notice; and WHEREAS, the City Council has ap- proved said conceptual development plan and said application for zoning reclassification subject to the same specific conditions and restrictions: NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 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 reclasaifying from AG Agricultural District to PI Planned Industrial District, the falinw- lng described property, to wit: Lot i of Lot i of the Southeast quarter of the Southwest quarter and the Northeast quarter of the Southwest quarter, except for the northerly 10~ thereof, all in Sec- tion 29, Tow~mkip 89 North, Range 2 East, Dubuque Town- ship, and to the Centex- line of the adjoining public right-ofiway, all hi the City of Dubuque, Iowa, Section 2. That in order to accomplish the purposes of the PI Planned Industrial District, ~nd the Zohing Ordinance of the City of Dubuque, Iowa, the use and im- provement of the property herainabove described shall be subject to tbe follow- ing conditions and restrictions: A. Use Regulations. The following regulations shall apply to ail uses made of land in the above described PI Planned Industrial District: 1) Principal permitted uses shall be limited to the following: a) Railroads and public or quasi- public utilities incinding substations [47] b) General offices [14] c) Medical/Dental lab [8] d) Personal services [14] e) Off-street parking lot INA[ f) Parking structure [NA] Regular Sessior g) Bakery (wholesale/commeraial) [19] h) Drive-up automated bank teller [si i) Furniture/uphalstery repair [181 j) Banks, savings and loans, c~edit unions [311 k) Vending/game machine sales and service [19] 1) Mail order houses [23] m) Construction supply sales and service [19] n) Printing and publishing [32] o) Moving/storage facilities [33] p) Wholesale sales/distributor [29] q) Freight transfer facilities [44] r) Agricultural suppply sales [19] s) Cold storage/locker plants [15[ t) Packing and processing of meat, dairy or food products, but not to include slaughter houses or stockyards [33] u) Compounding, processing and packaging of chemical products, but not including highly flammable or explosive materials [33] v) Manufacture, assembly, repair or storage of electrical aud electronic pro- ducts, components or equipment [33] w) Laboratories for research or engineering [33] x) Warehousing and storage facil- ities [33] y) Manufacture or assembly of muaical instruments; toys; watches or clocks; medical, dental, optical or si~nilar scientific instruments; orthopedic or medical appliances; signs or billboards [33] z) Manufacturing, compeunding, assembly or treatment of articles or pfc- ducts from the following substances: Clothing or textiles; rubber; precious or semi-precious stones or metal; wood; plastic; paper; leather; fiber; glass; hair; wax; sbeet metal; feathers; fur; and cork [331 aa) Manufacture, storage or pro- cesaing of the following products or materials: glue; petroleum products or any flammable liquid; asphalt or concrete products; explosive materials of any types; structural steel and foundary pro- dncts; fer ~ilizer; pharmaceutical products, including cosmetics, toiletries, and soap; and stone products including brick, building stone and similar masonry materials [33] [ [ poxking groups (See Section'4-2 of the Zoning Ordinance) March 6, 1989 108 B. Accessory Uses, [~he following uses shall be permitted as accessory uses: 1) Any use customarily incidental and subordinate to the principal use it C. Site Development. Development of land in this PI Planned Industrial District shall be regulated by the attached document entitled "Condi- tions of Development and Operation, Dubuque Industrial Center -- Phase II". The development of each lot is regulated ~ the standards for each as shown on ,:xhlblt Number 1, attached hereto. The development, operation and ~aintenance of uses in the district shall be conducted in conformance with the standards and regulations of the PI Planned Industrial District. D. Time Limitation. The conceptual development plan will be valid for a period of five years provided ~ final site development plan is submit- ted within two years from the date of approval. E. Transfer of Ownership. Transfer of ownership or lease of proper- ty in this PI Planned Industrial District shall include in the transfer or lease agreement a provision that the purchaser or leasee acknowledges awareness of the :onditinns authorizing the establishment of this district. Passed, approved and adopted this 6th day of March. 1989. James E. Bredy Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of March, 1989. Mary A. Davis City Clerk It 3/14 Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Heckmmm. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the 109 Regular Session March 6, 1989 Publisher, on Notice of Public Hearing to consider vacating a portion of 20 foot wide alley lying between Lot 2 of Block 9 in Riverfront Subd. No. 3 and Lot 60 of Ham's Addn. and to consider dlspos- ing of said property to Mr. & Mrs. Richard J. Kelly and Barnsteed Ther- rnolyne Corp., presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof af publication be received and filed. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 7-89 AN ORDINANCE VACATING A PORTION OF 20 ~ WIDE ALLEY LY- ·ING BETWEEN LOT 2 OF BLOCK 9 IN RIVERFRONT SI)BDIVISION NO. 3 AND LOT 60 OF HAM'S ADDITION BEGINNING AT SOUTH PROPERTY LINE OF FARRAGUT STREET THENCE SOUTHERLY A DIS- TANCE OF 50 FEET, said Ordinance having been presented and read at the Council Meeting of February 20, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 7-89 ORDINANCE VACATING A POR- TION OF 20' WIDE ALLEY LYING BETWEEN LOT 2 OF BLOCK 9 IN RIVERFRONT SUBDIVISION NO. 3 AND LOT 60 OF HAM'S ADDITION BEGINNING AT SOUTH PROPERTY LINE OF FARRAGUT STREET THENCE SOUTHERLY A DIS- TANCE OF 50 FEET WHEREAS, Barnstead Thermolyne Corporation and Mr. & Mrs. Richard J. Kelly have requested the vacation of a portion of 20' alley lying between Lot 2 of Block 9 of Riverfront Subdivision No. 3 and Lot 60 of Ham's Addition begin- ning at the south property line of Far- ragat 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 sub- mitted to the City Council a plat showing the vacated portion of the 20' wide alley and assigned Lot numbers thereof, which hereinafter shall be known and described as Lot 60A & Lot 60B of Ham's Addition in the City o£ Dubuque, Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of 20~ wide alley is no longer required for public use and vacating of said portion of 20' alley as Lot 60A and Lot 60B in Ham's Addition in the City of Dubuque, Dubuque Coun- ty, Iowa, should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CFI~/COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate de- scribed as Lot 60A and Lot 60B of Ham's Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Talegraph Heraid newspaper this 14th day of March, 1989. Mary A. Davis City Clerk It 5/14 Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simpn, Voetberg. Nays--None. RESOLUTION NO. 79-89 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 25th day of February, 1989, the City Council of the City of Dubuque, Iowa met on the 6th day of March, 1989, at 7:30 p.m. in the Public Library Auditorium, 11th & Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: ~ Regular Session Lot 60A of Ham's Addition in the City of Dubuque, Iowa to Barn- stead Thermolyne Corporation and Lot 60B of Ham's Addition in the City of Dubuque, Iowa to Mr. & Mrs. Richard J. Kelly; and WHEREAS, the City Council of the City of Dalmque, Iowa overruled any and all objections, oral or written, to the pro- posal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Barnstead Ther- malyne Corporation and Mr. & Mrs. Richard J. Kelly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CTIY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the in- terest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 60A of Hmn's Addition in the City of Dubuque, Iowa to Barnstead Ther- molyne Corporation and Lot 60B of Ham's Addition in the City of Dubuque, Iowa to Mr. & Mrs. Richard J. Kelly be and the same is hereby approved for the sum of $500.00 plus cost of publication and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be author- ized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby directed and authorized to deliver said deed of conveyance to the above nmned grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and 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 6th day of March, 1989. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann Kluesner, Pratt, Simon, Voetberg. Nays--None. March 6, 1989 110 lh-oof of publication, certified to by the rublial~er, on Notice of Public Hearing to consider disposing of Lot 2 of Lot 1 of Helen E. and Mary H. Stewart Sub- division hi the City containing 8.26 acres, to John H. Kivlahan, presented and read. There were no written objections received and no oral objectors present at the time ff the Hearing. Council Member Simon moved that the ~roof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt. Simon, Voetberg. Nays--None. RESOLUTION NO. 80-89 WHEREAS, pursuant to Resolution and published notice in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa, on Feb. 25, 1989, the City Council of the City of Dubuque, Iowa, met on the March 6, 1989, at 7:30 p,m. in the Public Library Auditorium, 11th & Locust Street, Dubuque, Dubuque County, Iowa, to consider the proposal of the deeding of real estate described as: Lot 2 of Lot 1 of Helen E. & Mary H. Stewart Subdivision in the City of Dubuque, Iowa, containing 8.26 acres to John H. Kivlahan, 3134 Hillcrest Road, Dubuque, Iowa 52001; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the )roposal to dispose of interest of the City of Dubuque, Iowa, in the bereinabove de- scribed real estate to John H. Kivlahan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Duhnque Coun- ty, Iowa, in the property described as Lot 2 of Lot 1 of Helen E. & Mary H. Stewart Subdivision in the City of Dubuque, Iowa, to John H. Kivlahan be and the stone is hereby appt, oved for one dollar and other good and valuable considera- tion. The City will pay for publication and recording fees; and the conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be author- ized and directed to execute a Quit Claim 111 Regular Session March 6, 1989 Deed, and the City Clerk be and is hereby directed and authorized to deliver said deed of conveyance to the above named grantee. Section 3. That the City Clerk be and is hereby directed to record a certified copy of this Resalutinn in the office of the City Assessor, Dubuque County Record- er, and Dubuque County Treasurer. Passed, approved and adopted tills 6th day of March, 1989, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposing of Lot 1-1-1-1-1-1-1 of the SW ~/~ of the SW ~A of Section 16, T89N, R2E of the 5th P.M., containing 0.213 acres to Interstate Power Co., presented and read. There were no writ- ten objections received and no oral objec- tors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 81-89 WHEREAS, pursuant to Resolution and published notice in the Telegraph Hearld, a newspaper of general circula- tion, published in the City of Dubuque, Iowa, on Feb. 25. 1989, the City Council of the City of Dubuque, Iowa, met on March 6, 1989, at 7:30 p.m. in the Pubhc Library Auditorium, 11th & Locust Street, Dubuque, Dubuque County, Iowa, to consider the proposal of the deeding of real estate described as: Lot 1-1-1-1-1-1-1 of SW ¼ of the SW ¼ of Section 16, T89N, R2E of the 5th Principal Meridian in the City of Dubuque containing 0,213 acres to Interstate Power Company; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of tbe City of Dubuque, Iowa, in tbe hereinabove described real estate to Interstate Power Company. NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque Coun- ty, Iowa, in the property described as Lot 1-1-1-1-1-1-1 of the SW ¼ of the SW 1/4 of Section 16, T89N, R2E, of the 5th Principal Meridian in the City of Du- buque, Iowa, to Interstate Power Com- pany and the same is hereby approved for one dollar and other good and valuable consideration. The City will pay for publication and recording fees; and the conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be author- ized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby directed and authorized to deliver said deed to the above named grantee. Section 3. That the City Clerk be and 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 Dubuque County Treasurer. Passed, approved and adopted this 6th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop~ tion of the Resolution. Seconded by Council Member Heckmann. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Conununication of City Manager re- questing a public bearing be set for the assessment of a civil penalty for violation of the liquor laws by Leonard TeKippe, d/b/a Avenue Tap, 1080 University Ave., presented and read. Regular Sessior Council Member Simon moved that the communication be received and filed and approved hearing for March 20, 1989 at 7:30 p.m. in the Public Library Auditorium 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 Deich, Heckmann, Kluesner, pratt, Simon, Voetberg. Nays--None. Co~umunication of City Manager re- questing approval of consultant services to assist in preparation of request for pre- posals for concession services at the Five Flags Center in an amount not to exceed $7500, presented and read. Council Member Simon moved to receive and file the communication and approve the request. Seconded by Coun- cil Member Voetberg. NO VOTE TAKEN ON THE MOTION. Council Member Pratt moved to table the request. Seconded by Council Member Shnon. Carried by the foliowlng vote: Yeas--Council Members Daich, Kluesner, Pratt, Simon, Voetberg. Nays--Mayor Brady, Council Member Heekmann. Communicatinn of City Manager recommending approval of a Resolution authorizing the submission of a Recrea- tion Trails Program application to IDOT on behalf of the Dubuque County His- torical Society and Iowa Rails to Trails: Heritage qYail, Inc., presented and read. Council Membex Simon moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the fallowing vote: Yeas--Mayor Brady, Council Members Heckmann Pratt, Simon, Voetberg. Nays--Council Members Deich, Kluesner. RESOLUTION NO. 82.89 A RESOLUTION APPROVING THE SUBMITTAL OF A RECREATIONAL TRAILS PROGRAM APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION ON BEHALF OF IOWA RAILS TO TRAILS: HERITAGE TRAIL, INC. AND THE DUBUQUE COUNTY HISTORIC SOCIETY WHEREAS, Iowa Rails to Trails: Heritage Trail, Inc. has successfully March 6, 1989 112 developed a recreational trail along the right-of-way of the abandoned Chicago Great Western Railroad; and WHEREAS, the Dubuque County Historical Society has been actively in- volved in the development of the Ice Har- bor as a destination point for Dubuque's growing tourism industry; and WHEREAS, the Iowa Department of Transportation's Recreational Trails Pre- gram has funds available for the establishment of recreational trails for the use, enjoyment and participation of the public; and WHEREAS, Heritvge Trail, Inc. and the Dubuque County Historie Society wish to e~hance the city's existing recrea- tlonal opportunities through the exten- sion of the Heritage Trail and the development of a recreational trail along ,he shoreline of the Ice Harbor; and WHEREAS. the City of Dubuque agrees that the extension of Heritage Trail between 32nd and 24th streets is a high priority; and WHEREAS, the City of Dubuque recognizes the commercial and recrea- tional potential of the Ice Harbor and has identified the development of the area as a top priority; and WHEREAS, the Iowa Department of Transportation has asked that the City provide assurance that once developed, the proposed trail will be adequataly maintained as a trail for a period of twen- ty years except as provided by the Iowa ½tare Transportation Commission; and 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 submit a joint Recrea- tional Trail Program application to the Iowa Dopartment of Transportation on behalf of Rails to Trails: Heritage Trail. Inc. and the Dubuque County Historical Society. Section 2. That in the event said ap- plication is approved, the City Manager is hereby authorized to negotiate maintenance agreements with the Du- buque County Conservation Board and the Dubuque County Historical Society to ensure that tbe proposed trails will be 113 Regular Session March 6, 1989 adequately maintained as recreational trails for a period of not less than twen- ty (20) years or until such time as the City of Dubuque and the Iowa Depart- ment of Transportation mutually agree to develop said area for transportation purposes. Passed, approved and adopted this 6th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Pratt, Simon, Voetberg. Nays--Council Members Deich, Kluesner. . Communication of ~ity Manager re- questing the Mayor and Corporation Counsal be authorized to execute a cer- tification that the Transit Dept., as an UMTA grantee, will provide a drug-free workplace, presented and read. Council Member Simon moved that the communication be received and filed and approved authorization. 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 Mmmger re- questing approval of an application to HUD for Section 8 Housing Vouchers, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 83-89 A NEW RESOLUTION AUTHORIZ- ING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8 HOUSING VOUCHER PROGRAM. WHEREAS, the City of Dubuque recognizes the continuing unme~ need for provision of assisted housing to the City's qualifying lower-income households and families; and WHEREAS, the U.S. Department of Housing and Urban Development has in- vlted the City to make application for additional Section 8 Housing Voucher Program funds; and WHEREAS, and in accordance with Section 403A.5 of the Iowa Code which states "A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a report and recommen- dation on hous'mg available within the community is made public by the municipality or agency and is included in its recommendations for a housing project. Recommen- dations must receive majority ap- proval from the l~cai governing body before proceeding on the housing project." AND IN ACCORDANCE WITH Section 213(c) of the Housing and Community Development Act of 1974, which states in part that we must determine whether or not there is a need for such housing assistance, taking into considera- tion any applicable State or areawide housing assistance plan as well as generally available data with respect to population, pover- ty, housing overcrowding, housing vacancies and substandard hous- ing. An application may be proved only if o~cc determination is in the affirmative; and WHEREAS, this application is consis- tent with the 1988-91 Housing Assist- ance Plan for the City of Dubuque as ap- proved by the HUD Area Office in December, 1988. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque has determined there is a need for addl- tional housing assistance and is knowledgeable of the status of available housing within the City as required by Iowa Code and that majority approval of the proposed housing activity within the City's jurisdiction is hereby grauted. Regular Session March 6, 1989 114 Section 2. That this resolution is in- tended to s~rve as the City of Dubuque's final notice to the U.S. Department of HouEmg and Urban Development of such approval and that no additional comment will be made by the City of Dubuque on this matter. Section 3. The Mayor is authorized and directed to submit an application to the U.S. Department of Housing and Urban Development for participation in the Sec- tion 8 Housing Voucher Program. Section 4. The City of Dubuque Hous- ing Commission is hereby directed to con- duct tbe necessary public hearings re- garding this application as soon as possi- ble in accordance with requirements of Chapter 403.A.28 of the Code of Iowa, and to review and/or approve or suggest modifications of the plans for program design and adi~inistration of this pro- posed program. Section 5. The City Manager is hereby authorized and directed to forward said application and resulting standard ex- ecuted contract to the respective agen- cies in a timely fashion and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 6th day of March, ~989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 84-89 WHEREAS, Applications for Beer Permits have been submitted and filed to tiffs Council for approval ~u~d the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, TItEREFORE, 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 Rigel of Iowa, Inc. Godfather's Pizza 1575 J.F.K. (Also Sunday Sales) CLASS "C' BEER PERMIT Molo Oil Co. Big 10 Mart 2100 J.F.K. (Also Sundy Sales) Richard Bruce Van Gorden Vangn AMOCO 205 Locust St. (Also Sunday Sales) Passed, approved and adopted this 6th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 85-89 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- cupled by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following nmned applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE K C & S CO., INC. Five Flags 4th & Main (Also Sunday Sales) Donna & Kay, Inc. paradise Lounge 1602 Central Ave. (Also Sunday Sales) 115 Regular Session, March 6, 1989 Passed, approved and adopted tiffs 6th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Kluesner, Pratt, Simon, Voetberg. Nays--None. Printed Council proceedings for montbe of November and December 1988 presented for Council approval. Council Member Simon moved that the proceedings be approved as printed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council ~ Heckmann, Kluesnel', Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Airport Comm. of 2-14; Cable TV Regulatory Comm. and Cable Comm. Teleprogram- ming of 2-10; Five Flags Comm. of 2-20 Historic Pres. Conun. of 2-14; Human Rights Comm. of 2-13; Housing Comm. of 2-14; presented and read. Council Member Simon moved that the minutes be received and filed. Seconded by Council Member Voetberg. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS: Marilyn Ftdier, in unknown anat. for per- sonal injuries; Sally Hansen in amt. of $68.50 for car damages; John Hoffman, in amt. of $87.54 for car damages; Gene Moriantz, in est. amt. of $616.50 for c~u' damages; Elaine Mozena in unknown amt. for personalinjuries; Sheila Rooney by hex parents in unknown amount for personalinjuries; Joan Scott in unknov~ anat. for personal injuries; Crystal Weaver by her mother Wanda Ortiz, in unknown amt. for personal injuries, presented and read. Council Member Simon moved that the claims and suits be referred to the Legal Staff for .investigation and report. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Hecinnann, Kluesner, Pratt, SiInon, Voetberg. Nays--None. Communication of ~orporation Counsel recommending adininlstrative closure of yard/sidewolk dmnage claim of Charlesene Stout, presented and read. Com~cil Member Simon moved that the commudication be received mad filed wad approved recommendations. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Corporation Counsel recommending settlement of car damage clahn of Deborah Glab in amt. of $66.80, presented and read. Council Member Simon moved that tbe communication be received and filed and approved recommendation and directed Finance Director to issue the proper check. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending to release $80,000 in C.D. Block Grant Funds for the Automotive and Industrial Hardware Project, read. Council Me~aher Sin~on moved that the be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deicl~, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None, RESOLUTION NO. 86-89 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR THE AUTOMOTIVE AND INDUSTRIAL HARDWARE PROJECT. WHEREAS, the City of Dubuque, Iowa in conformance with the En- viromnental Review Procedures for the Community Development Block Grant Program convened an Ad Hoc Commit- toe on January 3, 1989 which completed an environmental assessment of the following identified project: Regular Session March 6, 1989 116 Automotive and Industrial Hard- ware Project. WHEREAS, pursuant to Resolution No. 74-89, adopted February 20, 1989, public notice of a Finding of No Sigdifi- cant Effect on the Environment" for the above project was published February 22, 1989 in the Dubuque Telegraph Herald, a newspaper of general circula- tion and provided for a public comment period until 12:00 Noon on Friday, March 10, 1989; and WHEREAS, public notice of a Finding of No Significant Effect on the Environ- ment for the project was sent by regular mail to various federal, state and local public agencies and to local news media, individuals and groups known to be in- terested and believed to be appropriate to receive such a public notice; and WHEREAS, any and all objections, if any, to such proposal has been duly con- sidered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Hous- ing and Urban Development for the release of funds to carry out the above- identified project. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the project shall con- tinue to remain on file in the Office of the City Clerk where said record may be ex- amined and copied by any interested party. Section 2. That the Mayor of the City of Dub~que is hereby authotized and directed to submit to the U.S. Depart- teent of Housing and Urban Develop- ment, a Request for Release of Funds in the amount of $80,000.00 to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a responsi- ble federal official under the National En- vironmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development responsibilities for review, decision-making, and action assumed and carried out by the City 'of Dubuque as to environmentdi issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in his official capacity and on behalf of the City of Dubuque to accept the jurisdiction of tbe Federal Courts if an action is brought to enforce responsibilities in relation to enviro~unen- tal reviews, decisinn-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a certiflca- tion pertaining to the environmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds in the form of Public Notice attacbed hereto and made a part thereof. Passed, approved and adopted this 6th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. REFUNDS REQUESTED: Dubuque Marina "Yardarm" requesting refund of $633.75 on unexpired IAquor Licenses, presented and read. Council Member Simon moved that the refunds be approved and Finance Direc- tor to issue the proper check. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Mexnbers Dcich, Heckmann, Kluesner, Pratt, Sixnon, Voetberg. Nays--None. Communication of Raymond Taylor re, questing Council and staff consider re- establishing the 1970 Zoning Ordinance, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmaun, Kluesner, Pratt, Simon, Voetberg. Nays--None. 117 Regular Session Proof of publication, certified to by the Publisher, on Notice of Finding of No Significant Effect on the Environment for the Automotive and Industrial Hard- ware Project; Proof of publication, cer- tiffed to by the Publisher. on Notice of filing of the final plat and schedule of assessments against benefited properties for construction of the 1987 P.C. Con- crete Paving Project; Proof of pnblica- tion, certified to by the Publisher, on Notice of filing of the final plat and schedule of assessments against bene- fited properties for construction of the 1987 Asphalt Paving Project; Com- munications of City Clerk certifying notices of final assessments for the 1987 P.C. Concrete Paving Project and 1987 Aspbalt Paving Projects were sent by certified by mall on February 10, 1989, presented and read. Council Member Simon moved that the proof of publication be ~celved and filed. Seconded by Council Men~ber Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Planning and Zon- ing Commission approving final plat of Embassy West No. 2. presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg, Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Vootberg. Nays--None. RESOLUTION NO, 87-89 RESOLUTION APPROVING THE FINAL PLAT OF EMBASSY WEST NO. 2 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Embassy West No. 2 in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear streets to be known as Embassy West Drive, Camelot Drive and Colonel Drive, together with certain public utili- ty easements which the owners by said plat have dedicated to the public forever and March 6, 1989 WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commssion and had its approval endorsed thereon; and WHEREAS, said final has been ex- amined 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 L That the dedications of Em- bassy West Drive, Colonel Drive and Camalot Drive, together with the easements for public utifities as they ap- pear upon said final plat, be and the same is hereby accepted, Section 2. That the final plat of Em- bassy West No. 2 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, pro- vided the owners of said property herein named, execute the written acceptance hereto attached agreeing. a. To reduce all streets to grade and to construct concrete curb and gutter, ddewalks and to hard-surface Embassy West Drive, Colonel Drive and Camelot Drive with blturm'nous concrete or with concrete paving with integral curb, all in ~ccordance with the City of Dubuque standards specification; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the final plat; c. To install wa~er mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewer and catch basins in accordance with plans submit- ted with the plat; e. To install boulevard street lighting in accordance with City specifications witlfin 30 days after the completion of the adjacent curb and gutter; L To construct the foregoing im- provemente in accordance with plans and specifications approved by the City Manager under the inspection of the City Engineer and in a manner approved by the City Manager; g. To construct said impruvemente, except sidewalks, prior to one year from Regular Sessior March 6, 1989 118 the date of the acceptance of this This is to certify that the security pro- Resolution. vided by the foregoing RESOLUTION NO. 87-89 has been furnished by the h. To maintain the foregoing ina- owners. provements for a period of two years from the date of their acceptance by the Dated at Dubuque, Iowa this 7th day City of Dubuque. Iowa; of April, 1989. i. To provide the foregoing construc- s/W. Kenneth Gearhart, tion and maintenance at the sole expense City Manager of the subdivider, Westslde Deveinpment Council Member Simon moved edop- Associates, or its successors. tion of tbe Resolution. Seconded by And further provides that West- Council Member Voetberg. Carried by side Development Associates secure the the foliowing vote: Yeas--Mayor Brady, performance of the foregoing conditions Council Members Deich, Heckmann, by providing security in such form and Kluesner, Pratt, Simon, Voetberg. with such sureties as may be acceptable Nays--None. to the City Manager. Tbere being no further business, Coun- Section 3. That in the event Westside ell Member Pratt moved to adjourn the Development Associates shell fall to ex- meeting. Seconded by Council Member ecuto the acceptance and furnish the Vootberg. Carried by the following vote: security provided in Section 2 hereaf, Yeas--Mayor Brady, Council Members within 45 days after the date of the Deich. Heckmann, Kluesner, Pratt, resolution, the provisions hereof shall be Simon, Voetberg. Nays--None. null and void and the acceptance of the Meeting adjourned at 9:31 p.m. dedication and approval of the plat shall not be effective. Mary A. Davis Passed, approved and adopted this 6th City Clerk day of March, 1989. Approved. 1989 Jmnes E. Brady Mayor Adopted ~ 1989 ATTEST: Mary A. Davis City Clerk Mayor ACCEPTANCE OF RESOLUTION 87-89 I, Martin D. Helle and Loras A. Pape, partners in Westside Development Associates, a partnership, having read the terms and conditions of the foregoing Resolution and being familiar with the conditions thereof, hereby accept the sa~ne and agree to the conditions required therein. Dated at Dubuque, Iow.a, this 23rd day Council Members of March, 1989. ATTEST: Westside Development Associates, a Partnership By: s/Martin D. Helle City Clerk Partner By: Loras A. Pape Partner TO: Mary A. Davis City Clerk 119 Special Session March 9, 1989 CITY COUNCIL OFFICIAL Special Session, Marcb 9, 1989 Council Met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Dcich, Heckmann, Kluesner Pratt, Simon, Voetherg, City Manager W. Kenneth Gearbart, Corporation Counsel Barry A. Lindakl. Mayor B~ady read the call and stated this is a SPECIAL SESSION OF THE CITY COUNCIL called for the purpose to CONDUCT A PUBLIC HEARING ON THE FISCAL YEAR 1990 BUD- GET AND FIVE YEAR CAPITAL IM- PROVEMENT PROGRAM and acting upon such other business wbich may pro- perly coIne before the Council. ' Proof of pubilcation, cer tiffed to by the Publisher, on Notice of Meeting of the Council of the City of Dubuque on the matter of the proposed issuance of $4,000,000 General Obligation Bonds (for an Essential Corporate Purpose), presented and read. There were no weir- ten objections received and no oral objec- tors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Council Member Kluesner moved to suspend the rules to allow anyone present to address the Council if they should so desire. Seconded by Council Member Heckmaun. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Dsich, Heckmaun, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 88-89 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $4,000,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, tkis Coun- cil has held a public meeting and hear- ing upon the proposal to institute proceedings for the issuance of $4,000,000 General Obligation Bonds for the essential corporate purpose of pay- ing costs of construction, reconstruction and repairing of street improvements; construction, reconstruction, extension and ilnprovement of works and facilities useful for the collection and disposal of surface waters and streams; reconstruc- tion, extension, and improvement of an existing airport and acquisition, installa- tion and repair of traffic control devices, and has considered the extent of objec- tions received from residents or proper- ty owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That this Cotmcil does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $4,000,000 General Obligation Bonds for the foregoing essential corporate purpase. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of the said bonds, to salect a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take ali action necessary to permit the sale of said bonds on ~a basis favorable to the City and acceptable to the Council. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ~ Proof of publication, certified to by the Publisher, on Notice of Public Hearing on budget for the City of Dubuque, IA for the Fiscal Year 1990; Proof of publica- tion, certified to by the Publisher, on Notice of Public Hearing on the F~ve year Capital Improvement Program covering the Fiscal Year beginning July 1, 1989 through the Fiscal Year begin- ning July 1, 1993; Proof of publication, certified to by the Publisher, on Notice Special Session March 9, 1989 120 of Public Hearing for the purpose of ob- toining the views of residents of the City on Community Development and Housing needs; Communication of Carl and Barbara Binz requesting not to in- crease property taxes; Communication of Operation: New View requesting funding assistance in the amount of $10,000; Peti- tion containing approx. 1400 signatures objecting to the contracting out of any and all facets of the Dubuque Water Department to People's Natural Gas or any other private enterprise, presented and read. Counsil Member Heckmann moved that the proofs and communications be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner. Pratt, Simon, Voetberg. Nays--None. Public comment on various depart- ments. POLICE DEPT. -- No Comment. EMERGENCY COMMUNICATIONS CENTER -- No Comment. FIRE DEPT. -- No comments. DISASTER SERVICES -- No HUMAN RIGHTS DEPT. -- No Comment. STREET SIGNS AND MARKETING ACTIVITY -- No Comments. BUILDING SERVICES DIVISION -- No Comments. HEALTH SERVICES DIVISION -- No Comment. PARK AND RECREATION DEPT. -- CIVIC CENTER DEPT. -- No Comment. LIBRARY DEPT. -- Marilyn McDon- ald, 3055 Powers Ct.. as a member of the Library Board of Trustees, submitted a petition with 1627 signatures requesting sufficient funding to provide for opening of more hours, and necessary books. That is. the funding of $38,738 which would be allocated as $18,629 for the hours and $20,109 for books. AIRPORT DEPT. -- Council Member Kluesner moved that they add $9000 to the marketing program m~d reduce the truck replacement item by $6000. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Sinion, Voetberg. Nays--None. TRANSIT DEPT. -- No Comment. PUBLIC WORKS DEPT. -- Mayor Brady moved that they amand the Public Works Budget by striking the item of new position for Solid Waste Manage- ~nent Coordinator. MOTION DIED FOR LACK OF A SECOND. ENGINEERING DIVISION -- No Comment. WATER DIVISION -- Joel Glennon, 1004 Davis, questioned the contracting out of the water meter reading program to Peoples Natural Gas. Mayor Brady moved that they keep the water meter reading program in the City of Dubuque, keeping three in- dividuals (jobs) m~d not to contract $9113 out to Peoples Natural Gas: Seconded by Council Member Dcich. Vote on the mo- tion was as follows: Yeas--Mayor Brady, Council Members Dcich. Nays--Council Members Heckmann, Kinesner, Pratt, Simon, Voetberg. MOTION FAILED. WASTEWATER DIVISION -- No Comment. STREET DIVISION -- No Comment. PARKING DIVISION -- No Comment. COMMUNITY DEVELOPMENT AD- MINISTRATION -- Chuck Isenhart ad- dressed the Council and questioned the usage of Neighborhood Development Funds. Council Member Pratt ~noved that they add $50,000 in Block Grant Funds to be used as matching funds for a federal grant for the purchase of a shalter house for the Battered Women Program and to reduce the Neighborhood Improvement Capital Project by $50,000 from Block Grant Funds. Seconded by Council Member Simon. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Delch, Hec, kmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. HOUSING SERVICES DIVISION -- No Comment. PLANNING SERVICES DIVISION -- No Comment. CITY HALL MAINTENANCE -- No Comment. CITY COUNCIL -- Council Member Simon moved that they add four percent per year for the next four years to the Mayor and City Council salaries effective January 1, 1990 and January 1 of each succeeding year. Seconded by Council Member Heckmarm. Carried by the following vote: Yess--Mayor Brady, Council Members Deich, Heckmaun, · Kluesner, Pratt, Simon. Nays--Council 121 Special Sessior March 9, 1989 Member Voetberg. CITY MANAGER'S OFFICE -- Coun- cil Member Pratt moved that they add $1500 to the budget for a FAX (facsimile) machine, Seconded by Council Member Vcetberg. Council Member Kluesner moved that tbey add (4%) four percent to the City Manager's, City Clerk's and Corporation Counsel's salaries (covered by tfie salary adjustment account). Seconded by Coun- cil Member Pratt, Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays None. CITY CLERK'S OFFICE -- No Commente. FINANCE DEPT. -- No Colnment. LEGAL DEPARTMENT -- No Comment. INFORMATION SERVICES DEPT. -- No Comment. CONTRIBUTION/PURCHASE OF SERVICES DEPT. -- Council Member Simon moved they amend the Prlrchase of Services Budget by adding $5000 for matching grant funds to the Substance Abuse organization; tbey add $1500 for matching grant funds for Helping Ser- vices of NE Iowa; they add 5700 to recommended amount of $4500 for RSVP (Retired Senior Volunteer Pro- gram); that the Dubuque Area Festivals be provided 2% (two percent) of hotel/motel t~Lx receipts ($8,488). Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. CABLE TV DEPARTMENT -- No Comments. Petition containing 1627 signatures questing necessary funding to reinstate library hours to 64 per week providing Friday and evening service and achiev- ing the accreditation standards set by the State Library of Iowa and further re- questing additional monies be added to the library budget to maintain the Library's Book Collection, presented m~d read, Council Member Kluesner moved that the pefifion be received and flied. Second- ed by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 89-89 A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1990 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 1989, as set forth in tke Budget Summary Cer- tificate and in the detailed budget in sup- port thereof showing the revenue estimates and appropriation expen- ditures and allocations to programs and activities for said fiscal year is adopted as amended, and the City Clerk is directed to make the filings required by aw and to set up the books in accordance with the summary and details as adopted. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Delch, Heckmmm, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 90-89 ADOPTION OF FIVE YEAR CAPI- TAL IMPROVEMENT PROGRAM WHEREAS, a reconmaaqded five year Capital Improvement pragram for the period beginning July 1, 1989 and ending June 30, 1994 for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the five year Capital Im- provement Program: (1) describes specific capital improve- ment projects; (2) provides estimated costs fur those projects; (3) proposes sources of funds for each of them; and (4) schedules the year during which each project will be undertaken; and Special Session, March 9, 1989 122 WHEREAS, the capital improvement projects for the first year are included in the Fiscal Year 1990 budget for the City of Dubuque; and WHEREAS, the five year Capital Im- provement Program will be reconsidered annually by the City Council and ap- propriatcly revised; and WHEREAS, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July 1, 1989 as set out in the Fiscal Year 1990-1994 Recommended Capital Improvement Budget as amend- ed is hereby approved and adopted as the proposed allocation of the City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted ttds 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of tbe Resolution. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. ORDINANCE NO. 8-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 17-36 RELATING TO CITY REFUSE COLLECTION RATES AND BY ADOPTING A NEW SECTION 17-36 RELATING TO CITY REFUSE COLLECTION RATES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 8-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 17-36 RELATING TO CITY REFUSE COLLECTION RATES AND BY ADOPTING A NEW SECTION 17-36 RELATING TO CITY REFUSE COLLECTION RATES. NOW, THEREFORE, BE IT OR- DAINED BY~ THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tke Code of Ordinances of the City of Dubuque, Iowa is hereby amended by repealing Section 17-36. Section 2. The Code of Ordinances of the City of Dubuque, Iowa is hereby amended by adopting the following new Section: Section 17-36. Charges-Amounts; Exceptions (a) Class I premises. Except as qualified below, a fee of four dollars and fifty cents ($4.50) per month shall be charged by the City and collected from each property owner of a class I premises for such services effective July 1, 1989. Said charges or fee shall be in payment for collection and disposal of garbage wad refuse as defined. Exceptions to the col- lection charges for class I pre~nises are as follows: (1) When a class I premises has been vacant for a porit~d of thi'ee (3) con- secutive months or longer, tbe owner may apply for a credit under procedures to be established by the City Manager. Such exemptions shall continue only so long as the class I premises is vacm~t. (2) Class I premises when the head of the household is sixty-five (65) years or older and with a per fumily income of ten thousand nine hundred dollars ($10,900.00) or less, may, upon applica- tion of the owner be exempted from one- half the established collection charge. Subsequent to initial application and eligibility, annual application must be made on July first of each year to verify annual income and ellgibifity. (3) In cases of extreme financial hardship, the City Manager may, and is hereby authorized and empowered to, make adjustments hi the monthly collec- tion charges. In such cases, the City Manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardalfip as he/she may deem necessary. 123 Special Session March 9, 1989 (b) Class II premises. The City shall continue to collect f~om class II premises currently receiving such service. The charge for such collection service al~all be based upon the average weekly quanti- ty of garbage and refuse being collected, as deter~nined by the City Manager. The rate charge shall be a multiple of the rate charged class I premises as follows: Il) The first one hundred twenty (120) gallons of garbage and refuse per week shall be charged the class I premises rate times one (1). (2) The second one hundred twen- ty (120) gallons per week or fraction thereof shall be charged the class I premises rate times seventy-five one- hundredths (0.75). (3) All addigional units of one hun- dred twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate times five-tenths (0.5). The owner of a class II premises no longer wishing to be served by City garbage and refuse collectinn shall pro- vide the City with thirty (30) days writ- ten notice of the intent to terminate the service. Such termination of service shall be effective with the next billing period. Section 3. The City Clerk is directed to publish this Ordinance as provided by Iowa Code Section 380.7. Section 4. This ordinance shall take ef~ Iect on July 1, 1989. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of March, 1989. Mary A. Davis City Cierk It 3]20 Council Member Pratt moved this be considered the first reading of the Or- dlnance, 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 Vcotberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 9-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 36-161, RELATING TO WATER RATES FOR RESIDEN- TIAL, COMMERCIAL AND IN- DUSTRIAL USES AND ENACTING A NEW SECTION 36-16, RELATING TO WATER RATES FOR RESIDEN- TIAL, COMMERCIAL AND IN- DUSTRIAL USES IN LIEU THERE- OF, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 9-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 36-161, RELATING TO WATER RATES FOR RESIDEN- TIAL, COMMERCIAL AND IN- DUSTRIAL USES AND ENACTING ~_ NEW SECTION 36-161, RELATING TO WATER RATES FOR RESIDEN- TIAL, COMMERCIAL AND INDUS- TRIAL USES IN LIEU THEREOF. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by repealing Section 36-161. Section 2. The Code of Ordinances of the City of Dubuque, Iowa is hereby amended by adopting the following new section: Section 36-161. Residential, Com- mercial and Industrial Uses. a. Conunencing with all billings on and after July 1, 1989, the rates to be charged for water for residential, com- mercial, industrial and other uses and ~urposes by any person, firm or corpora- tion supplied water within the City shall be fixed and determined as follows: 1. Water rates for users within the City whose meters are read monthly shall be as follows: Special Session Charge Per Hundred Cubic Consumption Feet First 3,000 $1.28 Next 12,000 1.06 Next 35,000 0.96 Next 50,000 0.86 Over 100,000 0.74 The minimum monthly charge accor- ding to the size of the meters shall be as follows: Meter Size Minimum Allowance (Inches) Charge (Cubic Feet) 5/8 $ 2.56 200 3/4 10.24 800 1 16.64 1,300 1 1/4 26.88 2,100 1 1/2 33.28 2,600 2 55.36 4,600 3 118.96 10,600 4 182.88 16,800 6 374.88 36,800 8 609.10 62.500 b. Commencing with all billings on and after July 1, 1989, the rates to be charged for water supplied by the City Water Division to residential, commer- cial, industrial and other uses and pur- poses by any person, firm or corporation, outside the corporation limits of the City of Dubuque, Iowa. shall be at one hun- dred fifty percent (150%1 of the rates set forth herein above. c. For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimated consumption. For estimated billings, either on alternate months or when readings are not ob- t alnshle for any reason, consumption will be predicated on the monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified for the size of the meter in service for the particular account. d. Adjustmente from estimated readings will be made when au actual meter reading is obtained. The adjust- ment will be reflected on the user's next regular bill. Section 3. The City Clerk is hereby directed to publish this Ordinance as pro- vided by Iowa Code Section 380.07. March 9, 1989 124 Section 4. This Ordinance shall take effect on July 1, 1989. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of March, 1989. Mary A. Davis City Clerk It 3/20 Council Member Pratt moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 10-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 36-56, ESTABLISHING SEWER SERVICE CHARGES, AND ENACTING A NEW SECTION 36-56, ESTABLISHING SEWER SERVICE CHARGES, IN LIEU THEREOF, ~resented aud read. (OFFICIAL PUBLICATION) ORDINANCE NO. 10-89 AN ORDINANCE AMENDING ~IE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 36-56, ESTABLISHING SEWER SERVICE CHARGES, AND ENACTING A NEW SECTION 36-56, ESTABLISHING SEWER SERVICE CHARGES, IN LIEU THEREOF. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by repealing Section 36-56. 125 Special Session March 9, 1989 Section 2. The Code of Ordinances of the City of Dubuque, Iowa, is amended by adopting the following new Section: Section 36-56. Established. a. Commencing with all billings on and after July 1, 1989. contributors whose property lies within tlie corporate limits of the city, except as otherwise pro- vided in tins division, shall pay to the city through its collection agent at its office at tlie same time payment for water set- vices is made, a sewer service charge computed on water consumption on the following rates: 1. Basic Charges. The sewer rates and charges shall be based on the quan- tity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued month- ly. When a water meter is not read monthly for any reason, bills will be issued on estimated consumption. For 'estimated billings, either on alternate meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption idenfifiad in subsec- tion (c)(7) for the size of the water meter iix service for the particular account. 2. Schedule of Rates. Rate per month per each 100 cubic feet is $1.44. 3. Service Charge. (1) When a parcel of real estate property or building, discharging sanitary ~ewage, industrial wastes, water or other approved waste, either directly or ~directly into the city's sanitary sewer system, is not a user of water supplied by the city water division and the water used thereon or therein is not acceptable to the city, the amount of water used shall be determined by the city in such a manner as the city manager may elect to establish the rate of charge as provid- ed in this division, or the owner or other interested parties at their expenses, may install and maintain a meter acceptable to the city for said purposes. (2) When a parcel of real estate property' or building, discharging sanitary sewage, industrial wastes, water or other approved waste, aither directly or indirectly into the city's sanitary sewer system, is a user of water supplied by the city water division and in additio~ uses water from another source which is not measured by a water meter or is meas- ured by a water meter not acceptable to the city, the amount of water used shall be determined by the city in such a man- ner as the city manager may elect in order to establish the rate of charge as provided in this division, or the owner or other interested parties at their expense may install and maintain a meter accep- table to the city for said purposes. (3) When a parcel of real estate, property or building, discharging sanitary sewage, industrial wastes, water or other approved waste either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division, the amount of sanitary sewage, industrial wastes, water or other approved waste discharged in- to the sanitary sewer system shall be determined by the city in such a manner as tlie city manager may elect in order to establish the rate of charge as provid- ed in this division, or the owner or other interested parties at their expense, may install and maintain a sewage meter ac- ceptaffle to the city for said purposes. (4) The city council may, in its discretion, when applicable, permit con- nection to the elty sanitary sewer system of properties located outside the corpora- tion limits upon suci~ terms and condi- tions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein establislied for city users. (5) In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the aity shall have the riglit to base its charges not only on volume, but also on the strength and character of the user. The city shall have the right to measure and determine the strength and content of ail sewage and wastes discharged either directly or indirectly into the city's sanitary sewage system, in such manner and by such metlieds as it may deem practicable in the light of the conditions and circumstances of the case in order to letermine the proper charge. Extra charges will be appli- :able and negotiated with users on an Special Session March 9, 1989 126 individual account basis when concentra- tion of the sewage exceeds three hundred (300) milllgeams per liter of biochemical oxygen demand, thiee hundred fifty (350) milligrams per liter of suspended solids or two (2) percent or more of the flow rate into the sewage treatment plant. (6) The rates and charges may be billed the tenant and tenants occupying the properties served, unless otherwise requested in writing by the owners, but such billings, shall in no way relieve the owner from liab'dity in the event payment is not made as required in this division. Where the quantity of water consumed is such that the minimum water service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size Minimum Allowance (Inches) Charge (Cubic Feet) 5/8 $ 2.88 200 3/4 11.52 800 i 18.72 1,300 i 1/4 30.24 2,100 i 1/2 37.44 2,600 2 66.24 4,600 3 152.64 10,600 4 241.92 16,800 6 529.92 36,800 8 900.00 62,500 Section 3. The City Clerk is hereby directed to publish this Ordinance as pro- vided by Iowa Code Section 380.07. Section 4. This Ordinance shall take ef- fect on July 1, 1989. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of March, 1989. Mary A. Davis City Clerk ]t 3/2O Council Member Pratt moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesne)', Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 11-89 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF OR- DINANCES BY REPEALING SEC- TION 36-29(A), RELATING TO DISCHARGE OF STORM WATERS AND OTHER UNPOLLUTED DRAINAGE INTO ANY SANITARY SEWER, BY REPEALING SAID SEC- TION, AND BY ADOPTING A NEW SECTION 36-29(A), RELATING TO DISCHARGE OF STORM WATERS AND OTHER UNPOLLUTED DRAINAGE INTO ANY SANITARY SEWER BY CLARIFYING SAID SECTION TO SPECIFICALLY IN- CLUDE THE PROHIBITION OF SUMP PUMPS OR SUMP PUMP CONNECTION, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 11-89 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF OR- DINANCES BY REPEALING SEC- TION 36-29(A), RELATING TO DISCHARGE OF STORM WATERS AND OTHER UNPOLLUTED DRAINAGE INTO ANY SANITARY SEWER, BY REPEALING SAID SEC- TION, AND BY ADOPTING A NEW SECTION 36-29(A) RELATING TO DISCHARGE OF STORM WATERS AND OTHER UNPOLLUTED DRAINAGE INTO ANY SANITARY SEWER BY CLARIFYING SAID SECTION TO SPECIFICALLY IN- CLUDE THE PROHIBITION OF SUMP PUMPS OR SUMP PUMP CONNECTIONS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 36-29(a) of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. The following new Section 36-29(a) is hereby adopted: (a) Into sanitary sewer; sump pumps and sump pump connections prohibited. 127 Special Session March 9, 1989 No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof runoff, subsur- face drainage, including interior and ex- terior foundation drahas, floor drains used for collecting storm water, uncon- taminated cooling water, or unpolluted industrial process waters, to any sanitary sewer. This section shall be constraed to prohibit such discharge to any sanitary sewer from sump pumps or sump pump connections, and no person shall install, cause to be installed, or permit to be in- stalled any sump pump or sump pump connection that discharges or causes such discharge to any sanitary sewer. Section 3. This ordinance shall take ef- fect immediately upon publication as pro- vided by law. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor Aq~FEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 1989. Mary A. Davis City Clerk It 3/15 Council Member Pratt moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 12-89 AN ORDINANCE AMENDING SEC- TIN 30-2 OF THE CITY OF DU- BUQUE CODE OF ORDINANCES BY REPEALING SECTION 409(L~ OF THE UNIFORM PLUMBING CODE RELATING TO THE INSTALLA- TION OF SUBSOIL DRAINAGE SYSTEMS AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 409(L) RELATING TO SUBSOIL DRAINAGE SYSTEMS AND SPE- CIFICALLY PROHIBITING THE IN- STALLATION OF SUMP PUMPS OR SUMP PUMP CONNECTIONS, pre- sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 12-89 AN ORDINANCE AMENDING SEC- TION 30-2 OF THE CITY OF DU- BUQUE CODE OF ORDINANCES BY REPEALING SECTION 409(L) OF THE UNIFORM PLUMBING CODE RELATING TO THE INSTALLA- TION OF suBSOIL DRAINAGE SYSTEMS AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 409(L) RELATING TO SUBSOIL DRAINAGE SYSTEMS AND SPECI- FICALLY PROHIBITING THE IN- STALLATION OF SUMP PUMPS OR SUMP PUMP CONNECTIONS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 30-2 of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 409(1). Section 2. Section 30-2 of the City of Dubuque Code of Ordinances is hereby amended by adopting the foliowing new Section 409(1): When subscil drainage systems are installed, they shall be discharged into au approved sump or receiving tank and shall be discharged hi a manner satisfac- tory to the administrative authori- ty. The installation of sump pumps or sump pump connec- tions, which discharge or cause to be discharged, any storm water, surface water, groundwater, roof runoff, subsurface drainage, in- cluding interior and exterior foun- dation drains, flcor drains used for collecting storm water, uncon- temlnated cooling water, or un- polluted industrial process waters, to any sanitary sewer, is specifical- ly prohibited. Section 3. Tiffs Ordinance shall take ef- fect immediately upon publication as pro- vided by law. Passed, approved and adopted this 9th day of March, 1989. Special Sessio~ ' James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald Newspaper this 15th day of March, 1989. Mary A. Davis City Clerk It 3/15 Council Member Pratt moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 13-89 AN ORDINANCE AMENDING THE CITY OF DUBUQUE, CODE OF OR- DINANCES, BY REPEALING CHAPTER 36, DIVISION 3, SEC- TIONS 36-145 THROUGH 36-154, RELATING TO WATER METERS, AND ADOPTING IN LIEU THERE- OF A NEW CHAPTER 36, DIVISION 3, SECTIONS 36-145 THROUGH 36-155, RELATING TO WATER METERS, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 13-89 AN ORDINANCE AMENDING THE CITY OF DUBUQUE, CODE OF OR- DINANCES BY REPEALING CHAP- TER 36, DIVISION 3, SECTIONS 36-145 THROUGH 36-154, RELATING TO WATER METERS, AND ADOP- TING IN LIEU THEREOF A NEW CHAPTER 36. DIVISION 3, SEC- TIONS 36-145 THROUGH 36-155, RELATING TO WATER METERS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Chapter 36, Division 3, Sec- tions 36-145 of the City of Dubuque, Code of Ordinances is hereby repealed. Section 2. Chapter 36, Division 3, March 9, 1989 128 Sections 36-155, as set forth on Attach- ment A. incorporated herein by reference is hereby adopted. Section 3. This Ordinance shall take ef- fect on the 1st day of July. 1989. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tiffs 20th day of March, 1989, Mary A. Davis City Clerk It 3/2O Council Member Heakmann moved 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 final adoption of the Ordinance. Seconded by Co~mcil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Council Member Deich. ORDINANCE NO. 14-89 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF OR- DINANCES BY REPEALING SEC- TION 31-9(c) RELATING TO A SER- VICE CHARGE FOR FALSE ALARMS, AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 31-9(c) PROVIDING FOR A SERVICE CHARGE FOR FALSE ALARMS, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 14-89 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF OR- DINANCES BY REPEALING SEC- TION 31-9(c) RELATING TO A SER- VICE CHARGE FOR FALSE ALARMS, AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 31-9(c) PROVIDING FOR A SERVICE CHARGE FOR FALSE ALARMS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL 129 Special Session, March 9, 1989 OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 31-9(c) of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. The following new Section 31-9(c) is hereby adopted: (c) There shall be a service charge of thirty-five dollars ($35.00) for response to the fifth and each subsequent false alarm providing there have been at least four (4) false alarms within the most re- cent twelve-month period. Section 3. This Ordinance shall take ef- fect on July 1, 1989. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: . Mary A. Davis City Clerk Published officlolly in the Telegraph Herald newspaper this 20th day of March, 1989. Mary A. Davis City Clerk it 3/20 Council Member Pratt moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, I-Ieckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 15-89 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF OR- DINANCES BY REPEALING SEC- TION 25-274(1), RELATING TO THE PENALTY FOR OVERTIME PARK- ING, DOUBLE PARKING AND ANY OTHER STANDING OR PARKING VIOLATION, AND ADOPTING IN LIEU THEREOF A NEW SECTION 25-274(1), PROVIDING A PENALTY FOR OVERTIME PARKING, DOU- BLE PARKING AND ANY OTHER STANDING OR PARKING VIOLA- TION, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 15-89 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF OR- DINANCES BY REPEALING SEC- TION 25-274(1), RELATING TO THE pENALTY FOR OVERTIME PARK- ING, DOUBLE PARKING AND ANY OTHER STANDING OR PARKING VIOLATION, AND ADOPTING IN LIEU THEREOF A NEW SECTION 25-274(1), PROVIDING A PENALTY FOR OVERTIME PARKING, DOU- BLE PARKING AND ANY OTHER STANDING OR PARKING VIOLA- TION. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 25-274(1) of the City of Dubuque Code of Ordinm~ces is hereby repealed. Section 2. The following new Section 25-274(1) is hereby adopted: (1) Overtime p arkin4~, double park- ing and any other standing or parking violation. If paid within one hundred and sixty-eight hours from time of violation as indicated on the notice, such fine shall be the sum of three dallars ($3.00); if not paid withfu one hundred and sixty-eight (168) hours, such fine shall be the sum of five dollars ($5.00). Section 3. This Ordinance shall take ef- fect on July 1, 1989. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of March, 1989. Mary A. Davis City Clerk It 3/20 Council Member Pratt moved that this be considered the first reading of the Or- dfuance, and that the requirement that Special Session, 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 Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 16-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 20-4.03(b) RELATING TO RENTAL DWELL- ING OPERATING LICENSE FEES, AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 20- 4.03(b) PROVIDING FOR AN IN- CREASE IN RENTAL DWELLING OPERATING LICENSES FEES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 16-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 20-4.03(b) RELATING TO RENTAL DWELL- lNG OPERATING LICENSE FEES, AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 20- 4.03(b) PROVIDING FOR AN IN- CREASE IN RENTAL DWELLING OPERATING LICENSE FEES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Code of Ordinances of the City of Dubuque, Iowa is hereby amended by repealing Section 20-4.03(b). Section 2. The following new Section 20-4.03(b) is hereby adopted: Sec. 20-4.03 Fee schedule (b) Rental dwelling operating ficense fees. The annual fee for operating rental dwellings shall be as follows: Eacl~ dwelfing (building), per dwelling $10.00 Each dwelling unit, per unit 6.p0 Each rooming unit, per unit 3.00 March 9, 1989 130 Section 3. The City Clerk is hereby directed to publish a copy of this or- dinance as provhied by Iowa Code Sec- tion 380.7. Section 4. This Ordinance shall take cf- fect on July 1, 1989. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of March, 1989. Mary A. Davis City Clerk It 3/20 Council Member Pratt moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordiannce 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 Voetherg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 91-89 A RESOLUTION RESCINDING RESOLUTION NO. 30-88, WHICH APPROVED A SCHEDULE OF PLANNING AND ZONING FEES, AS PROVIDED IN THE ZONING ORDINANCE, AND APPROVING A NEW SCHEDULE OF PLANNING AND ZONING FEES, IN LIEU THEREOF, AND PROVIDING FOR THE ESTABLISHMENT OF A NEW APPLICATION FEE FOR CONDI- TIONAL USE PERMITS, ZONING RECLASSIFICATIONS, PRELIMI- NARY PLANS FOR PLANNED DIS- TRICTS AND SUBDIVISION PLATS. WHEREAS, the City of Dubuque, Iowa charges certain fees for the process- lng of applications pursuant to the Zon- ing Ordinance and Subdivision Regula- tions; and WHEREAS, the City Council has determined that the specific amount of 131 Special Session March 9, 1989 such fees should be set by resolution; and WHEREAS, the City of Dubuque, Iowa, has adopted a Zoning Ordinance re- quiring an official schedule of planning and zoning fees. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution 30-88 and its Schedule of Planning and Zoning Fees is hereby rescinded. Section 2. The attached "Schedule A, Planning and Zoning Fees" is hereby approved. Section 3. The City Clerk is hereby author;zed and directed to publish a com- plete copy of this resolution and attached "Schedule A, Planning and Zoning Fees". Section 4~ Attached "Schedule A, Plan- ning and Zoning Fees", approved by this resolution shall be in effect on July 1, 1989. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 17-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 7-35(a) - RELATING TO CAT LICENSE FEES AND BY ADOPTING A NEW SEC- TION 7-35(a) IN LIEU THEREOF PROVIDING FOR AN INCREASE IN CAT LICENSE FEES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 17419 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF. DUBUQUE, IOWA BY REPEALING SECTION 7-35(a) RELATING TO CAT LICENSE FEES, AND BY ADOPTING A NEW SEC- TION 7-35(a) IN LIEU THEREOF PROVIDING FOR AN INCREASE IN CAT LICENSE FEES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Code of Ordinances of the City of Dubuque, Iowa is hereby amended by repealing Section 7-35 (a) hereof. Section 2. The following new Section 7-35 (a) is hereby adopted: Sec. 7-35. Cats-License fee. (a) Until the first day of July, 1989, the license fee per calendar year, or fraction thereof, shall be three dollars and fifty cents ($3.50) for each neutered cat, either male or female, and six dollars ($6.00) for each male or female cat not neutered. For licenses valid on and after July 1, 1989, the license fee per calendar year, or fraction thereof, shall be seven dollars ($7.00) for each neutered cat, either male or female, and twelve dollars ($12.00) for each male or female cat not neutered. Section 3. The City Clerk is hereby directed to publish a copy of this Or- dinance as provided by Iowa Code Sec- tion 380.7. Section 4. This Ordinance shall toke ef- fect upon publication. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor AT'PEST: Mary A. Davis City Clerk Publioked officially in the Telegraph Herald newspaper this 15th day of March, 1989. Mary A. Davis City Clerk It 3/15 Council Member Pratt moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passnge at two council meetings prior to the meeting at which Special Session it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO, 18-89 AN ORDINANCE REPEALING SEC- TION 2-21, CITY OF DUBUQUE CODE OF ORDINANCES, PRO- VIDING FOR THE COMPENSATION FOR THE MAYOR AND COUNCIL MEMBERS, AND ADOPTING IN LIEU THEREOF A NEW SECTION 2-21, PROVIDING FOR THE COM- PENSATION FOR THE MAYOR AND COUNCIL MEMBERS, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 18-89 AN ORDINANCE REPEALING SEC- TION 2-21, CITY OF DUBUQUE CODE OF ORDINANCES, PRO- VIDING FOR THE COMPENSATION FOR THE MAYOR AND COUNCIL MEMBERS, AND ADOPTING IN LIEU THEREOF A NEW SECTION 2-21, PROVIDING FOR THE COM- PENSATION FOR THE MAYOR AND COUNCIL MEMBERS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-21 of the City of Dubuque, Cede of Ordinances is hereby repealed. Section 2. The following new Section 2-21 is hereby adopted: SECTION 2-21. COMPENSATION (a) The compensation for the mayor shall be $7,800 per annum, and ~e compensation for council members shall be $5,200 per lb) Effective January 1, 1990, the compensation for the mayor shall be $8,112 per annum, and the shall be $5,408 per annum. (c) Effective January 1, 1991, the ' compensation for the mayor shall March 9, 1989 132 be $8,436 per annum, and the compensation for council members shall be $5,624 per annum, (d) Effective January 1, 1992, the compensation for the mayor shell be $8,774 per annum, and the compensation for the council members shall be $5,849. (e) Effective January 1. 1993, the compensation for the mayor shall be $9,125 per annum, and the compensation for council members shall be $6,083 per annum. Section 3. The Clerk is hereby author- ized and directed to publish a copy of this Ordiannce as provided by Iowa Code Sec- tion 380.7. Section 4. This Ordinance shall toke ef- fect immediately upon publication. Passed, approved and adopted this 9th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of March, 1989. Mary A. Davis City Clerk It 3/20 Council Member Simon moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon. Nays--Council Member Voetberg. 8:45 p.m. Council Member Khiesner moved that they go into CLOSED SES- SION in accordance with Chapter 2.1 (5)(c) to discuss matters with Counsel, regarding pending litigation. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. 133 Special Session, 9:02 p.m. Council reconvened stating that Legal Staff was given direction regarding litigation. There being no further business. Court- cfi Member Kluesner moved to adjourn. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 9:30 p.m. Mary A. Davis City Clerk ApproveO Adopted _ __1989 __1989 Mayor Council Members ATTEST: City Clerk March 9, 1989 CITY COUNCIL OFFICIAL Regular Session, March 20, 1989 Council met at 7:30 p.m., at the Public Library Auditorium Present; Mayor Brady, Council Mem- bers Heckmmm, Kluesner, Pratt, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Member Deich. Mayor Brady read the call and stated this is the REGULAR MEETING of the City Council called for the purpose to oct upon such business which may properly come before the Council. The Invocation was given by Rev. Sheldon Stotmeister, Pastor of the Calvary Baptist Church. Proclamation: Week of March 24 through 31, 1989 as "Community Devel- opment Week" received by Jim Burke. A Hearing regarding the recommenda- tion for assessment of a civil penalty in the amount of $300 to Leonard TeKippe d]b/a Avenue Tap at 1080 University Ave. for violation of liquor laws was held. Mr. TeKippe was not present. Council Member Kluesner moved that the assessment be approved. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Council Member Kluesner moved that the rules be suspended to allow anyone present to speak if they should so desire. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Coun(d Member Deich. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider the FY'1990 Consolidated STA Application and the Section 9 Pro- gram of Projects to aid in the cost of com- pleting the rehabilitation of the Transit Garage, replacement of a bus hoist, and remanufacturing of four 35 foot buses, presented and read. There were no writ- March20, 1989 134 ten objections received and no oral objec- ters present at the time of the Hea~ing. Council Member Heckmmm moved that the proof be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Deich. Proof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specs. for the relocation of an ex- isting 30 inch Force Main from 4th and Central to 8rd and Iowa, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Khiesner moved that the proof of publication be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 92-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 15th day of February, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Relocation of Existing 30" Force Main from 4th and Central to 3rd and Iowa; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 135 Regular Session March 20, 1989 Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady. Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Pr'oof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for the construction of relocation of existing 30 inch Force Main from 4th and Central to 3rd and Iowa, AND Communication of City Manager recormnending to award contract for pro- ject ~o Tschi~gfrie Excavating, presented and read. Council Member Kluesner moved that the proof and communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady. Council Members Heckmann, Kluesner, Pratt, Simon, ¥oetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 93.89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the RELOCATION OF EXISTING 30" FORCE MAIN FROM 4TH AND CEN- TRAL TO 3RD AND IOWA pursuant to Resolution No. ? and notice to bid- ders published in a newspaper published in the City of Dubuque, Iowa on the 23RD DAY OF FEBRUARY. 1989. WHEREAS, said sealed proposals were opened and read on the 9TH DAY OF MARCH, 1989 and it has been deter- mined that the bid of TSCHIGGFRIE EXCAVATING of DUBUQUE, IOWA in the amount of $111,421.32 was the lowest bid for the furnishings 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 TSCHIGG- FRIE EXCAVATING and the Manoger be and is hereby directed to execute a contract on behalf of the City of Dubuque for the com?lete perfomnance 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 authocized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider au Ordinance revising the Residential Housing Code AND Com- municatinn of Robert Felderman, Du- buque Board of Realtors, requesting that David Hansel, President of the Board, be allowed to address the Council concern- ing the proposed Housing Code Amend- ments, AND Communication of City Manager submitting revised Residential Housing Cede, presented and read. Council Member Pratt moved that the proof and communications be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. An ORDINANCE Amending the Cede of Ordinances to comprehensively revise the Residential Housing Cede of tixe City of Dubuque by repealing Chapter 20 thereof and enacting a new Chapter 20 in lieu thereof AND a Resolu~on Regard- ing Suspensinn/Revocation of Rental Dwelling Operating Licenses, presented and read. Conned Member Pratt moved that the Ordinance and Resolution be referred to Staff with Council comments and sug- gested guidelines. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmanu, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Daich. Regular Session March 20, 1989 136 Proof of publication, certified to by tim Publisher, on Notice of Public Hearing to consider a Resolution providing for establishing fees as provided in the Residential Housing Code, AND a RESOLUTION Providing the Schedul, "A', Residential Housing Code Fees" establishing fees as provided in the Residential Housing Code be repealed and enacting a new "Scbedule 'A', Residential Housing Code Fees" presented and read. Council Member Pratt moved that tl~s be referred to Staff with Council com- ments and suggested guidelines. Second- ed by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. The following individuals spoke with various concerns about the proposed Or- dinance and Resolution: Tom Swift, Dorothy Johnson, Carol Copeland, Jerry Henkels, Bob Fisch, Ken Scbromen, Merlin Langkamp, John Herrig, Phli Wulfekuhle, Ron White, Jim Bottlemen. 9:12 p.m. -- Council recessed. 9:24 p.m. -- Council reconvened. Communication of City Manager sub- miteing docume~ts providing for the bid- ding process for the installation of a Com- pressed Air System and Bus Exhaust System at the Keyllne Transit Facility, presented and read. Council Member Kluesner moved that the corc~nunicaiten be received and flied. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Simon, Vootberg. Nays--None. Absent--Council Member Daich. RESOLUTION NO. 94-89 PRELIMI'NARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the COMPRESSED AIR SYSTEM AND BUS EXHAUST SYSTEM -- KEYLINE TRANSIT FACILITY, in the estimated amount of $71,000, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the inllowing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 95-89 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 stone on file in the office of the City Clerk for public inspection of the COMPRESSED AIR SYSTEM AND BUS EXHAUST SYSTEM -- KEY~ LINE TRANSIT FACILITY. NOW, THEREFORE, BE IT RE- SOLVED, that on the 17TH DAY OF APRIL, 1989, a public hearing will be held at 7:30 p.m. in the PUBLIC LIBRARY AUDITORIUM at which time interested persons may appear and be heard for or against the proposed plans and specifications, forth of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twen- ty days prior to the day fixed for its con- sideration. At the hearing, any interested person may appear alaf file objections to the proposed plans, specifications, con- tract, or estimated cost of the nnprovement. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor 137 Regular Sessior March 20, 1989 ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resohitinn. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady. Council Members Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None, Absent--Council Member Deich. RESOLUTION NO. 96-89 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the COMPRESSED AIR SYSTEM AND BUS EXHAUST SYSTEM -- KEYLINE TRANSIT FACILITY is hereby ordered to be advertised for bids for construction. . BE IT FURTHER RESOLVED, that the amount of the secm'ity to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 11TH DAY OF APRIL, 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 17TH DAY OF APRIL. 1989. Passed, approved and adopted this 20th day of March, 1989, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Mexnbers Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays None. Absent--Council Member Dcich. Communication of City Manager recommending vacating portion of Main St., 10th St., and alley right-of-way at 1000 Main St., presented and read. Council Member Pratt moved that the communicatinn be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Shnon, Voetberg. Nays--None, Absent--Council Member Dalch. RESOLUTION NO. 97-89 RESOLUTION APPROVING PLAT OF VACATED PORTION OF MAIN STREET, 10TH STREET AND ALLEY FIRST EAST OF MAIN STREET WHEREAS, there has been presented to the City Council of the City of Du- buque a plat dated January 20, 1989 prepared by IIW Associates, P.C., Du- buque, Iowa, describing the vacated por- tion of Main Street, 10th Street and alley first east of Main Street. WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CYIW COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 20, 1989 prepared by HW Associates, P.C., relative to the real estate herein- above described be and the same is hereby approved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Sectinn 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 March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Com~cil Member P~att moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas Mayor Brady, Council Regular Session Members Heckmanu, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deich. An ORDINANCE Vacating a portion of Main, 10th St., and alley first east of Main St., presented and read. Council Member Pratt moved that tiffs 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 fm'ther moved that a Pubfic Hear- ing be held on the proposed Ordinance on the 3rd day of April, 1989 at 7:30 p.m. and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Abeent--Counall Member Delch. RESOLUTION NO. 98-89 RESOLUTION DISPOSING OF CITY INTEREST IN LOT A OF CITY LOT 38, LOT A OF CITY LOT 37, LOT B OF CITY LOT 37 & LOT C OF CITY LOT 37 IN THE CITY OF DUBUQUE, IOWA WHEREAS, Interstate Power Com- pany has requested the vacating of a por- tion of Main Street, 10th Street and alley first east of Main Street beginning at the north east corner of 10th & Main Stxeet proceeding north on the east property ilne of Main Street a distance of 102.8 feet and 0.21 feet in width, thence east on the north property line of 10th Street a distance 114.30 feet and 0.64 feet wide thence north along west proper~y of alley first east of Main Street a distance of 57.84 feet and 0.66 feet wide, in the City of Dubuque, Dubuque County, 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 Main Street, 10th Street and allay first east of Main Street and assigned a Lot number to each por- tion thereof, which hereon after shall be known and described as Lot A of City Lot 38, Lot A of City Lot 37, Lot B of City Lot 37, Lot C of City Lot 37, all in the City of Dubuque, Dubuque County, Iowa should be approved; and March 20, 1989 138 WHEREAS, tbe City Council of the City of Dubuque, Iowa has determined that this portion of Main Street, 10th Street and alley first east of Main Street is no longer ~quired for public use, and vacating and sale o£ said portion of Main Street, 10th Street and alley first east of Main Street known as Lot A of City Lot 38, Lot A of City Lot 37, Lot B of City Lot 37, Lot C of City Lot 37, all 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 A of City Lot 38, Lot A of City Lot 37, Lot B of City Lot 37, Lot C of City Lot 37 all in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot A of City Lot 38, Lot A of City Lot 37, Lot B of City Lot 37, Lot C of City Lot 37 in the City of Dubuque, Iowa be con- tingent upon the petitioners payment of $400.00 plus platting, publication and fi- ling fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate in a manner as prescribed by Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution and set hearing on April 3, 1989. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Dcich. Communication of Planning and Zon- ing Commission recommending approval to reclassify property located at 98 East 4th St. from HI to CR District, presented and read. Council Member Kluesner moved that the conmmnication be received and filed. Seconded by Council Member Voetberg. 139 Session, Carried by the fallowing vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Voetberg. Nays--Council Member Simon. Absent--Council Member Deich. An ORDINANCE Amending Zoning Ordkiauce by reclassifying property at 98 East 4th St. ~rom HI Heavy Industrial District to CR Commercial Recreation District, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance and that it be set for a Public Hearing on April 3, 1989 at 7:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the man- ner p~scribed by law. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Mayor Bredy, Council Members Heckmann, Kluesner, Pratt, Voetberg. Nays--Council Member Simon. Absent--Council Member Deich. ORDINANCE NO. 19-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING SECTION 34]4, DIVISION 3, ARTICLE 3, CHAPTER 3 OF THE CODE OF OR- DINANCES OF THE CITY OF DU- BUQUE, BY PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF pERMITS FOR BILLBOARDS IN THE CITY OF DUBUQUE, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 19-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING SEC- TION 3-64, DIVISION 3, ARTICLE 3, CHAPTER 3, OF THE CODE OF OR- DINANCES OF THE CITY OF DU- BUQUE, BY PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF pERMITS FOR BILLBOARDS IN THE CITY OF DUBUQUE. WHEREAS, the City Council in response to a citizens' petition (lid re- quest the Planning and Zoning Commis- sion to study the regulations relating to billboards and to make its recommenda- tion to the City Council for Zoning Or- dinance amendments; and WHEREAS, the planning and Zoning Commission has formed a Freeway Plan- ning Committee to study the Freeway 61/151 Co~dor for redevelopment oppor- tunities, appropriate reuse of vacant and March 20, 1989 underutilized land and che promotion of compatible land uses along and adjacent to the corridor. WHEREAS, the Cominission has com- a study of sign regulations and recommends a moratorium on billboard sign permit issuance within the Freeway Corridor area; and WHEREAS, the City Council deems it in the best interest of the City to allow the Commission and the City Council a reasonable period of time to study the issues of Freeway Corridor Planning. NOW, THEREFORE, BE IT OR- BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 3-64, Division 3, Article 3, Chapter 3, of the Code of Or- dinances be amended by adding thereto the following new paragraph: "No pern~it for an off-premise sign, as defined in Subsection 4-3 of the Zoning Ordinance, within the Freeway Corridor area as shown on the attached map, shall be issued by the building official from the date of the adoption oI this Ordinance for a period of six months thereafter. The morator- ium provided for herein shall not be construed to deprive any per- son, firm, or corporation of vested right which such person, firm, or corporation may have acquired as a matter of law for the construc- tion of an off-premise sign as of the effective date of the adoption of this ordinance. Any person, firm. or corporation aggrieved by or adversely affected by the building official's refusal to issue a permit for the construction of an off-premise sign pursuant to this moratorium shall appeal there- from to the City Council of the City of Dubuque." Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Publiched officially in the Talegraph Herald newspaper this 25th day of March, 1989. Regular Session Mary A. Davis City Clerk It 3/25 Council Member Kluesner moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Pratt. Council Member Pratt an~ended the motion to include the map as attached. Seconded by Council Member Heck- mann. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt. Simon Voetberg, Nays--None. Absent--Council Member Deich. Vote on the motion, final adoption of the Ordinance, as amended was as follows: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deich. Communication of City Manager re- questing endorsement of the Dubuque Regional AIDS Coalition's educational efforts and authorize the submission of an AIDS Education Project Grant Ap- plication, 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, Councli Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich, RESOLUTION NO. 99-89 A RESOLUTION ENDORSING THE EDUCATIONAL EFFORTS OF THE DUBUQUE REGIONAL AIDS COALITION AND AUTHOR- IZING THE SUBMISSION OF AN AIDS EDUCATION PROJECT GRANT APPLICATION TO THE IOWA DEPARTMENT OF PUBLIC HEALTH ON THEIR BEHALF WHEREAS. The City of Dubuque and the Dubuque Regional AIDS Coalition believe that AIDS is a serious pubfic health threat; and March 20, 1989 140 WHEREAS. The Coalition, in coopera- tion with representatives of tbe Dubuque public health conu~annity, is working to inform the general public of the dangers of AIDS and to dispel the myths sur- rounding the disease; and WHEREAS, the Iowa Department of Public Health. through its AIDS Educa- tion Project grant progran~, bas monies available for activities in support of AIDS education efforts in east central Iowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is and he is hereby authorized and directed to submit a letter of endorsement to the Iowa Department of Public Health in support of the educational efforts of the Dubuque Regional AIDS Coalition. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to submit an AIDS Educa- tion Project grant application to the Iowa Department of Public Health. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption the Resolution. Seconded by Council Member Heckmann. Carried by tbe following vote: Yeas--Mayor Brady. Council Members Heckmann. Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Member Deich. Communication of Planning and Zon- ing Commission advising of their recom- mendation to retain Heavy Industrial zoning for property at 2400 Kerper Blvd., presented ~u~d read. Council Member Kluesner moved that the communication be received and filed and concur with tbe recommendation. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Proof of publication, certified to by the 141 Regular Session March 20, 1989 Publisher, on Notice to Bidders for in- stalintion of Gillespie Street Sanitary Sewer, AND Communication of City Manager reconunendfug to award con- tract for the installation of the Giliespie Street, Sanitary Sewer to Horsfield Con- struction, Inc., and further recommend- fug the initiation of eminent domain pro- ceedings to acquire the remaining ease- ment, presented and read. Council Member Kluesner moved that the proof and communication be received and filed, Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Coundl Member Da]ch. RESOLUTION NO. 100419 AWARDING CONTRACT · WHEREAS, sealed proposals have been submitted by contractors for the GILLESPIE STREET SANITARY SEWER pursuant to Resolution No. 78-89 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9TH DAY OF MARCH, 1989. WHEREAS, said sealed proposals were opened and read on the 14TH DAY OF MARCH, 1989 and it has been dete~ mined that the bid of HORSFIELD CONSTRUCTION, INC. of EPWORTH, IOWA in the mnount of $22,479.37 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to HORSFIELD CONSTRUCTION, INC. and the Man- ager be and is hereby directed to execute a contract on behalf of the City of Du- buque 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 ~0th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 101-89 WHEREAS, the City of Dubuque has been negotiating with the owner of record for a sm~itary sewer easement needed for the construction of the Gillespie Street Sanitary Sewer; and WHEREAS, the City of Dubuque has not been successful aftor reosonable at- tempts in its efforts to negotiate a sale and purchase price for the required ease- ment; and WHEREAS, the City of Dubuque finds and determines that eminent do- main proceedings shonid be instituted to acquire the necessary easement. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That eminent domain pro- ceedings be instituted forthwith by the City of Dubuque, Iowa for acquisition of a sanitary sewer easement across the following lot: Lot i of the South 231' of Lot 2 of Lot 8 of Gillespie Subdivision. Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoF tion of the Resolution. Seconded by Regular Session Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager re- questing Corporation Counsel be authorized to proceed with the necessary actions for condemnation of two sewer easements, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Pratt, Voetberg. Nays--Council Members Heckmann, Simon. Absent--Council Member Daich. RESOLUTION NO. 102-89 WHEREAS, Ed Tschiggfrie, developer of Birch Acres, has requested the City to secure two easements across a third person's property in order to serve Birch Acres, a subdivision which has been under development since 1978; and WHEREAS, the developer has dis- posed of the land across which the easements would be located, but the surveyor in the course of preparing the plat for disposition of this land failed to reserve the necessary sanitary easements; and WHEREAS, the developer has not been able to negotiate a satisfactory agreement with the third party for ac- quisition fur these easements; and WHEREAS. it is in the interest of the City to have expausion of Birch Acres be served by the gravity type sanitary systems rather than lift stations; and WHEREAS, there is drawings and records to indicate that the long range plans for servicing this area was by means of a gravity type sanitary sewers from the subdivision to the main trunk line of the City along Catfish Creek. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That eminent domain pro- ceedings be instituted forthwith by the City of Dubuque, Iowa for acqniaition of two sanitary easements as shown on the attached drawing prepared by Barrels, LeMay, Haas & Wm. J. Byrne Engineer- ing Company dated February 29, 1984. March 20, 1989 142 Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Couucil Member Pratt moved adoption of the Resolution. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Pratt, Voetberg. Nays-- Council Members Heckmann, Simon. Absent--Council Member Deich. Communication of Sfiaron Dull Mullen and Renee Mullen requesting to address tbe Council regarding the purchasing of property at 445 Loras Blvd., 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 Klues- ncr, Pratt, Voetberg. Nays--Council Members Heckmann, Simon. Absent-- Council Member Daich. Petition of Dirk Hame] requesting to address the Council on the matter of the possibility of an Ordinance being in- troduced regarding homosexual rights, presented and read. Council Member Pratt moved that the petition be received and filed without comment. Seconded by Comicil Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon. Nays--Council Member Voet- berg. Absent--Council Member Daich. Communication of Somira Kirkbride, spekesperson for Citizens for Family Values and Decency, requesting to pre- sent petitions requesting that no or- dinance relating to "Sexual Orientation" be further enacted upon by the City Council, presented and read. Council Membex Pratt moved that the communication be received and filed without comment. Seconded by Council 143 ReguLar Session March 20, 1989 Member Heckmann. Carried by the fol- lowing vote: Yeas--Mayor Brady, Coun- cil Members Heckmaun, Khiesner, Pratt Simon. Nays--Council Member Voet- berg. Absent--Council Member Dsic~ BOARDS AND COMMISSIONS HOUSING CODE OF APPEALS BOARD -- 2 3-Year Terms which will ex- pire 1-11-92 (Terms of Gross & Swift). Applicant(s): Edward A. Swift. Council Member Kluesner moved that Edward Swift be reappointed to the Housing Code of Appeals Board for a term that will expire January 11, 1992. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members I/eckmann Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. ZONING BOARD OF ADJUST- MENT -- i 5-Year Term which will ex- pire March 25, 1994 (Term ofJ. Krmner). Applicant(s): Theresa M. Cicciarefil. Council Member Khiesner moved that Theresa Cicciareili be appointed to the Zoning Board of Adjustment for a five year term which will expire March 25, 1994. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Hechmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. RESOLUTION NO. 103-89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WI/EREAS, The premises to be oc- cupied by such applicants were inspected and found ~o comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT S & D Concessions, Inc. S & D Concessions 1 Admiral Shechey (Also Sunday Salesl CLASS "C" BEER PERMIT Wareco Systems of Iowa Wareco 700 Rhomberg Ave (Also Sunday Sales) Will-Co. Inc. Oky Doky Food 10 805 West 5th St. (Also Sunday Sales) Earl Edmund Schumacber Oky Doky Foods 5 2204 Central Ave (Also Sunday Sales) Passed, approved and adopted this 20th day of March, 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 Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. RESOLUTION NO. 104-89 WI/EREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been exmnined and approved; and WI/EREAS, The premises to be oc- cupied by such appl~cm~te were inspected and found to comply with the State Law ~u~d all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "B" (I/OTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Historical Improvement Co. 504 Bluff St. (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Fraternal Order of Eagles #568 1175 Century Drive (Also Sunday Sales) Regular Session, March 20, 1989 CLASS "E" LIQUOR LICENSE B & M Convenient Marts Oky Doky #7 3301 Pennsylvania (Also Sunday Sales) Passed, approved and adopted this 20th day of March, 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 Heckmann, Pratt, Simon, Vootberg. Nays--None. Absent--Council Member Dalch. MINUTES SUBMITTED: Fire Retirement Meeting of 3-10; Park & Recreation Connn. of 2-14; Pabllc Library Bd. of Trustees of 2-23; Cable Communi- ty Taleprogramming Comm. of 3-7; Cable T.V Regulatory Comm. of 3-8; Civil Ser- wce Comm. of 2-2; Planning and Zoning Comm. of 1-18; 2-1 and 2-15, presented and read. Council Member Pratt moved that the minutes be received and filed. Seconded by Council Member Veetberg. Corded by the fu]lowing vote: Yeas--Mayor Brady, Council Members I/eckmann Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Dalch. NOTICES OF CLAIMS/SUITS: Joseph Hinderman, in amount of $78.70 for vehicle damages; Richard Luens- mann, in amount of of $323 for real estate damages; Rhanda Revelle, in amount of $22.05 for vel~cle damages; Thomas Rooney, hi unknown amount for personal injuries; Lisa Wardle, in unknown amount for personal injuries; Bill Weidemann, in amount of $79.50 for bached-up sewer danmges; Robert Will- man, in amount of $30 for property dana- ages, presented and read. Council Member Pratt moved that the claims and snits be referred to the Legal Staff for investigation and report. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members I/eck- mann, Kluesner, Pratt, Shnon, Voetberg. Nays--None. Absent--Council Member Deich. 144 NOTICE of Iowa DOT advising of dismissal in the matter of condemnation for Prhnary Road No. U.S. 61 with Eagle Food Centers, presented and read. Council Member Pratt moved that the Notice be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, KIuesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Delch. Commtmication of Melvin Thein sub- mltting comments regarding the Sidewalk Policy, presented and read. Council Member Pratt moved that the cornmunication be received and filed. Seconded by Council Member Veetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Shnon, Voetberg. Nays--None. Absent--Council Member Dalch. Proof of publication, eer ti fled ~o by the Publisher, advising of intent to file a release of funds for the Automotive and Industrial Hardware Project, presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Hech- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. Proof of publication, certified to by the Publisher, of List of Claims paid for ~nonth of January, 1989 AND Com- munication of City Manager transmit- ting Financial Reports for month of February, 1989, presented and read. Council Member Pratt moved that the be received and filed. Seconded by Council Member Voetberg. Carried by tbe following vo~e: Yeas--Mayor Brady, Council Members t/eckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. Petition of Dubuque Jaycee's wishing to conduct a Fireworks display on Mon- day, July 3rd, from 9:15 p.m. to 10:I5 p.m. on Volunteer Road between I/aw- thorne and Lime Sts., presented and read. Council Member Pratt moved that the petition be approved, subject to coordina- 145 Regular Sessior March 20, 1989 tion of City Manager. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of Swiss Valley Farms submitting the annual report for Fiscal year ending September 30, 1988, pre- sented and read. Council Member Pratt moved that the commndication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager re- questing approval to execute on Annual Contributions Contract with HUD for Section 8 Program Housing Vouchers in /~he amount of $71,182, 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 Heck- mann, FJuesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 105-89 A RESOLUTION APPROVING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 HOUSING VOUCHERS PROGRAM NO. IA05-VO87-006 WHEREAS, the City Council authorized au application to the U.S. Department of Housing and Urban Development (HUD), in March, 1989, for an increment to the Section 8 Housing Voucher Program; and WHEREAS, the Department has ap- proved the application, in the amount of $71,182 Annual Contributions Authori- ty; and WHEREAS, the Department requires execution of an Annual Contributions Contract for the City's edministration of these funds. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby author- ized and dh-ected to execute an Annual Contributions Contract, with the U.S. Department of Housing and Urban Development, for Project No. IA05- V087-006, under Master Annual Con- tributions Contract No. KC-9004E, on behalf of the City of Dubuque. Section 2. This Resolution shall take effect immediately. Passed, approved and edopted this 20th day of March, 1989. dames E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deich. Communication of Corporation Counsel requesting that authorization to execute the Release and Indemnity Agreement regarding final judgement in case of Pauline Dauner vs. City of Du- buque, presented and read. Council Member Pratt moved that the communication be received and filed and approved authorization. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. Communication of Corporation Counsel recommending settlement of car damage claim of Sally Hansel in amount of $68.50 and car damage claim of Tam- my Sue Meyers in amount of $20.80, presented and read. Council Member Pratt moved that the conununication be received and filed and approved and Finance Director to issue the proper check. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deice Communication of Corporation Counsel recommending closure/denial of Regular Session, following claims: Car damage of Duaue Bries; Sewer back-up claim of Louis Clark's; Personal injury of M arilyn Fuller; Car Damage of Gene Moriarity; Personal injury of Elaine Mozena; Personal injury of Joan Scott; Personal injury of Crystal Weaver by Wanda Ortiz, her mother, presented and read. Council Member Pratt moved that the communication be received and filed and approved recommendations. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager recommending muendment to the State- ment of Intent submitted to HUD, 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 Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. RESOLUTION NO. 106~9 RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT STATEMENT OF INTENT SUBMITTED TO 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 twelve-month program commencin4~ January 1, 1989; and WHEREAS, the Dubuque City Coun- cil authorized on March 9, 1984, the transfer of $50,000 from the Neighbor- hood Related Improvement Project to the Battered Women's Shelter Project. NOW, THEREFORE, BE IT RE- March 20, 1989 146 SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Statement of In- tent, submitted to the U.S. Department of Housing and Urban Devciopment, for a Community Development Block Grant to the City of Dubuque be amended to reflect the reallocation of funds, and the Mayor of the City of Dubuque be hereby authorized and directed to execute the necessary documentation on behalf of tbe City of Dubuque. Section 2. That the City Manager be and he is hereby authorized and directed to submit the amendment to the Com- munity Development Block Grant State- ment of Intent to the U.S. Department of Housing and Urban Development and other appropriate agencies. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Vcetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Daich. Communication of City Manager re- questing Mayor be authorized to execute the Community Development Grantee Performance Report for calendar year 1988, 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 Heck- mann, Kluesner, Pratt, Shnon, Voetberg. Nays--None. Absent--Council Member Dcich. RESOLUTION NO. 107-89 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF AVAILABILITY FOR PUBLIC IN- SPECTION CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT DOCUMENTS. WHEREAS, under date of March 24, 1989, the Annual Grantee Performance 147 Regular Session Report for Calendar Year 1988 will be sent to the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570.3001b) of the Community Development Block Grant Program requires that reasonable effort shall be made to inform citizens involved in or affected by the local Community Development Block Grant Program that the Performance Report has been submit- ted and is available to interested parties upon request; and WHEREAS. Section 570.9906(c) re- quires that there be public notice of the availability of the Grantee Performance Report for inspection by the public. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and .she is hereby authorized and directed to publish in the Dubuque Telegraph Her- aid, a newspaper of general circulation within the City, public notice in the form of Exhibit A, attached hereto and made a part hereof. Passed. approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetherg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Meanber Delch. Communication of City Manager recommending approval of plat for vacated portion of Kerper Blvd., 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 Klues- net, Pratt, Simon, Voetberg. Nays-- None. Abetain--Counail Member Heck- mann. Absent--Council Member Daich. RESOLUTION NO. 108.89 RESOLUTION APPROVING PLAT March 20, 1989 OF VACATED PORTION OF KERPER BOULEVARD ADJACENT TO LOT 1 BLOCK 7 IN RIVER- FRONT SUBDIVISION NO, 3 WHEREAS, there has been presented to the City Council, City of Dubuque, a plat dated September 21, 1988, prepared by Wallace, Holland, Kastler, Schmitz & Co., Dubuque, Iowa, describing tbe vacated portion of Kerper Blvd. con- tiguous to Lot 1 Block 7 Riverfront Subdivision No. 3; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the plat dated September 21, 1988, prepared by Wall- ace, Holland, Kastler, Schmitz & Co. relative to the real estate hereinabove iescribed be and the same is hereby ap- )roved, and the Mayor and City Clerk be and they are bereby autberized 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 Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor kTTEST: Mary A. Davis City Clerk Council Member KIuesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Pratt, Si- mon, Voetherg. Nays--None. Abstain-- Council Member Heckmann. Absent-- Council Member Deicb. Communicatinn of City Manager recommending acceptance of project for fuel dispensing system at Keyline Tram sit Facility, presented and read. Council Member Pratt moved that the communication be received and flied. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Regular Session Heckmann, Kluesner, Pratt. Simor Vcetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 109-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the IN- STALLATION OF THE FUEL DIS- PENSING SYSTEM AT KEYLINE TRANSIT FACILITY has been com- pleted and the City Manager has exam- ined 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- 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 dlrec~d to pay to the contractor from the URBAN MASS TRANSPORTATION ADMINISTRATION AND GENERAL FUND in amount equal to the amount of his contract, less any retained percen- tage provided for therein. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor Aq'rEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Daich. RESOLUTION NO. 110-89 FINAL ESTIMATE WHEREAS, the contract for the IN- STALLATION OF THE FUEL DIS- PENSING SYSTEM AT KEYLINE FACILITY has been completed and the City Engineer has submitted his final estimate showing the cost tbereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; March20, 1989 148 NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said i~n- provement is hereby deter~nined to be $116,375.00 and the said mnount shall be paid from the URBAN MASS TRANS- PORTATION ADMINISTRATION AND GENERAL FUND of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Me~nber Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Menthers Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent-- Council Member Deich. Communication of City Manager reco~nmending acceptance of project for Parking Equipment and Audio Sur- veillance Security System at the Iowa Street Parking Ramp, presented and read. Council Member Pratt moved that the communication be received and flied. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner. Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 111-89 FINAL ESTIMATE WHEREAS, the contract for the IOWA STREET PARKING RAMP -- INSTALLATION OF SECURITY EQUIPMENT IN STAIRWELLS & ELEVATOR, REPLACEMENT OF PARKING EQUIPMENT SYSTEM has been completed and the City Engineer has submitted his final estimate showing tbe cost thereof in- cluding the cost of estimates, notices and inspection and all ~niscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 149 Regular Session Section 1. That the cost of said im- provement is hereby determined to be $80.669.00 and the said an~ount shall be paid from the PARKING FUND of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Daich. RESOLUTION NO. 112-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the IOWA STREET PARKING RAMP -- INSTALLATION OF SECURITY EQUIPMENT IN STAIRWELLS & ELEVATOR, REPLACEMENT OF PARKING EQUIPMENT SYSTEM 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 terms of the contract, plans and specifica- tions 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 PARKING FUND in amount equal to the amount of his contract, less any re- rained percentage provided for therein. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Core,cfi Member Pratt moved adoption of the Resolution. Seconded by Council March 20, 1989 Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deich. There being no further business, Coun- cil Member Voetberg moved to adjourn. Seconded by Council Member Pratt. Car- ried by the foilowlng vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Meeting adjourned at 10:40 p.m. Mary A. Davis City Clerk Approved__ 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk Regular Session, April 3, 1989 150 CITY COUNCIL OFFICIAL Regular Session, April 3, 1989 Council Met at 7:30 p.m. in the Public Library Auditorium. Present--Mayor Brady, Council Members Heckmann, Kluesner, Pratt Simon, Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Deich. Mayor Brady read the call and stated tiffs is the REGULAR MONTHLy MEETING called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Robert E. Arndt, Pastor of the First Church of the Nazarene. PROCLAMATIONS: Week of April 9-15 as "National Library Week" re- ceived by Nicld Stanke; Week of April 9-15, as "Victims Rights Week" received by Barb Manning; Week of April 9-15 as "National Volunteer Week" received by Lyrm Pape. Proof of publication, on Notice of Public Hearing to rezone property at 98 East Fourth Street from HI Heavy In- dustrial to CR Commercial Recreation District, presented and read. There were no written objections received at the time of the Hearing. Council Member Kluesner moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann. Kfuesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. Ken Hartig of Harbor Place requested favorable zoning. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vo~e; Yeas-- Mayor Brady, Council Members Hack- mann, Kluesner, Pratt, Voetberg. Nays-- Council Member Simon. Absent--Counc/l Member Daich. An ORDINANCE Amending Zoning Ordinance by reclassifying property at 98 East Fourth St. from HI Heavy In- dustrial District to CR Commercial Recreation Distrct, (first reading given on 3-20-89), presented and read. Council Member Kluesner moved that the requirement that a proposed Or- dinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Second- ed by Council Member Pratt. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Voetherg. Nays-- Council Member Simon. Absent-- Council Member Deich. MOTION FAILED DUE TO LACK OF s/~ VOTE. Council Member Kfuesner moved that this be considered the second reading of the Ordinance. Seconded ,by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deich. Proof of publication on No~ce of Public Hearing to consider an Ordinance vacating a portion of Main Street, 10th Street and alley first east of Main St., ~resented and read. There were no writ- ten objections received and no oral objec- tors present at the time of the Hearing. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. ORDINANCE NO. 20-89 AN ORDINANCE VACATING A PORTION OF MAIN STREET, 10TH STREET AND ALLEY FIRST EAST OF MAIN STREET, said Ordinance having been presented and read at the Council Meeting of March 20, 1989, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 20-89 ORDINANCE VACATING A POR- TION OF MAIN STREET, 10TH STREET AND ALLEY FIRST EAST