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1989 June Council Proceedings250 Regular Session May 15, 1989 the inclusion of sexual orientation in the Human Rights Ordinance; Petition of Pastor Tobln requesting to address the Council regarding the proposed sexual orientation an~endment to the Human Rights Ordinance; Petition of Dirk Hamel requesting to address the Coun- cil on the issue of the proposed Sexual Orientation Ordinance, presented and Council Member Pratt moved that the proof of publications, petitions and com- munication be received and filed. 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. The following individuals spoke in favor of the proposed Ordinance amend- merit: Mrs. Raymond Binder, Alan Selig of 2125 Judson Dr., Nancy Brain from Madison, WI representing Dubuque residents who wish not to come forth Jack Hansen, 2770 Andrew Ct.,; Nettle Post, 382 E. 21st St., Rob Scharnau 1810 N. Grandview, Ruth Nash, 422 Lores Blvd., Russell Nash, 422 Lores Blvd., Virginia Lynns, Madison, WI; John Quinlan, Madison, WI; Kelly Kauf- mann, W. 11th St.; Ruth Bahl, 1124 Locust St.; Dorothy Hennessey, 3390 Windsor Ave.; Norm Freund, 1950 Lagen; Dale Johnston, Madison, WI; Ruth Scharman, 280 W. 17th St.; St acie Neldaughter, W. 11th St.; Deb O'Brien, 432Vz Emmett St.; Francis Giunta, 797 Alta Vista. These individuals spoke against adop- tion of the proposed Ordinance amend- ment: Rev. Virgil Wetters, 1420 College St., Des Moines, IA; Will Otterbeck, 719 HilI St.; Attorney Dirk Hamel, 800 Tovn~ Clock Plaza; Father Nell Tobin, 2215 Windsor; Verlin Haynes, Adair, IA; Jim Dixon, 2505 Marquette Place; Barbara Nicholson, 859 Walker; Bob Timmerman, (Hempstead Coach), Daniels St.; John Klauer, 1927 University; Beth Peters, 2980 Wildwood; Rev. Robert Plciness, Walker St.; Margie Lesch, 964 Ricbm-ds Road; Pastor Cliff Close, Hill St.; Frm~- als O'Connor, 690 Sunset Ridge; Tom Prochaska, 1185 Wood St.; Shalton Vosberger, 2728 Asbury; Sandy Kirk- bride, 1231 Lincoln. An ORDINANCE Amending Code of Ordinances by providing for the definl- tion of "Sexual Orientation" and insert- ing in certain sections thereof, presented and read. Council Member Pratt moved that this be considered the second reading of the Ordinauce. Seconded by Core,oil Member Voetberg. Vote on the motion was as follows: Yeas--Council Members Pratt, Simon, Voetberg, Nays--Mayor Brady, Council Members De/ch, Heckmann, Kluesner. MOTION FAILED -- SE- COND READING OF ORDINANCE DEFEATED. Council recessed at 11:15 p.m. Council reconvcncd at 11:25 p.m. Discussion ensued as to reason for par- ticular vote, There being no further business, Coun- cil Member Deich moved to adjourn. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 11:42 p.m. Mary A. Davis City Clerk Approved ~ 1989 Adopted 1989 ATTEST: Regular Session, June 5, 1989 CITY COUNCIL OFFICIAL Regular Session, June 5, 1989 Council Met at 7:30 p,m, at the Public Library Auditorium. Present--Mayor Brady, Council Me~nbers Deich, Kluesner, Pratt, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. LindahL Absent--Council Member Heekmann. 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 propeEy come before the Council. Invocation was given by Rev. Duane Manson, Chaplain of Luther Manor. PROCLAMATIONS: Extending gratitude for the hospitality bestowed by Wessex regarding "Friendship Force" received by Jim Meyer, President of the Friendship Eorce; Week of June 18-24 as "First National Bank of Dubuque Week" received by Dale Repass. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider amendment to Lease Agree- ment between City and Katuin Bros., Inc. presented and read. Council Member Deich 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 Deich Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. Council Member Dcich moved to sus- pend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Voetberg. Carried by tbe following vote: Yeas- Mayor Brady, Council Members Kluesner, Pratt, Simon, Voetberg. Nays--None. Abeent--Council Member Heckmann. RESOLUTION NO. 199-89 RESOLUTION GRANTING KATUIN 251 BROS., INC., THE RIGHT TO ASSIGN PROPERTY KNOWN AS NO. 102 TERMINAL STREET AND KNOWN AS TRACT "B" AND TRACT "C" IN DUBUQUE HARBOR CO. ADDITION TO SITCO INC. , a Lease Agreement be- tween the City of Dubuque and Katuin Bros., Inc. was entered into between the City of Dubuque, through its Dock Com- mission, and Katuin Bros., Inc, on the 1st day of October, 1979, which lease covers land only, and, WHEREAS, there is situated on the land, certain buildings and improve- ments, ail of which are the property of Katnln Bros., Inc., and, WHEREAS, the lease is for 30 years with a base rental of $858.35 per year, advance, with provisions for adjustment in the cost of Eving as a reference to the Consumer Price Index Ior Urban Consumers (1967 = 100), and, WHEREAS, Paragraph 6 of the Lease Agreement provides that the lessee shail not assign or sub-let the leased property or any of its rights thereto without first securing prior written consent of lessor, and further provides that in the event the leased property is assigned or sub-let with the approval of the Bow:d of Dock Commissioners, said lessee shall pay to the said Board or Dock Co~nmissioners, 10% of the sub-lease rental paid by sub- lessor, and, WHEREAS, the sale of the building and improvements and assignment of tbe ground lease approved of herein does not involve any sub-lease or sub-lease rental, WHEREAS, Katuin Bros., Inc. desires to sell the improvements on the proper- ty and assign the lease for the land on the property to Sitco Inc., who will be the new tenant for the land and owner of the building situated thereon, and, WHEREAS, the new tenant, Sitco, Inc., as assignee, has ag~-eed to assume ail duties of the lessee under the lease, including, but not limited to, the pay- ment of all rent accruing hereafter, and will provide the City of Dubuque with ail insurance required under the lease, and, WHEREAS, the proposed new tenant for the land and owner of the building situated thereon proposes to put the 252 Regular Session June 5, 1989 ducted by the present tenant and owner, nmnely r~p air and maintenance of tracks, and, WHEREAS, the lessor has reviewed the proposed Bill of Sale and Asaigmuent and Assmnption Agreement, and finds the same to be in order, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That approval should be and the same is hereby granted to Katuln Bros., Inc. to assign and transfer the pro- perty identified in the Lease Agreement dated October 1, 1979, to Sitco Inc., an Iowa Corporation, and the assumption thereof by Sit~o Inc. is hereby approved, and Katuin Bros., Inc. is released therefrom. Section 2: Since the transfer approved of bexain does not involve a sub-lease, no sub-lease rental is due the City of Du- buque, as a result of this transaction. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daial~, Khiesner, Pratt, Sbnon, Vcetberg. Nays--None. Absent-- Council Member Heckmann. Proof of publication, certified to by the Publishm', on Notice of Public Hearing to reclassify property at 3285 Asbury Road, presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich Khiesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmaun. ORDINANCE NO. 28-89 AN ORDINANCE AMENDING ZON- ING ORDINANCE BY RECLASSIFY- 'ING PROPERTY AT 3285 ASBURY 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 May 15th, presented for final action, (OFFICIAL PUBLICATION) ORDINANCE NO. 28-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING TItAT 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 DESCRIBED PROPERTY AT 3285 ASBURY 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 1. That the Code of Ordinances of the City of Dubuque, Iowa, be mnend- ed by revising Appendix A thereof, also knovm 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 1 of Powers h'ish Plateau, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Sectinn 2. That the above-described reclassification to OR Office Residential District shall include the hereinafter described condition to which Jean Quann, executor for the estate of Phfllip and Martha Powers, owners of the property, have agreed to in writing prior to the public hearing; A) A fence of living or non-living mat~arials be constructed on tlie east pro- perty line. Section 3. That the foregoing amend- ment has heretofore been approved by the Planning mhd Zoning Commission of the City of Dubuque, Iowa. Section 4. That the Mayor and City Clerk of the City of Dubuque, Iowa shall Regular Session, June 5, 1989 253 certify and file this Ordinance after its passage with the County Recorder of Dubuque Cotmty, Iowa and the Recorder shall enter this instrmnent of record, Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mm'y A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of June, 1989. Mary A. Davis City Clerk it 6/9 Acceptance of Ordinance No. 28-89 I, the undersigned, Jean Qum~n, exec- utor for the estate of Philip and Martha Powers, having read the terms and con- ditions of the foregoing Ordinance No. 28-89 and being familiar with the condi- tions thereof, hereby accept the same and agree to the condition required therein for the reclassification of Droperty described therein. Dated at Dubuque, Iowa this 5th day of June, 1989. By: s/Jeanne Marie Quann Jean Quann Executor of the Estate of Martha and Phiilip Powers On this 5th day of June, 1989 before me, a notary public in and for the State of Iowa, personally appeared Jem~ Marie Quam~ to me known to be the identical person named in and who executed the foregoing instrament and acknowledged that tliey executed the same as their vohintm'y act and deed. s: Ban'y A, Lindahl Notary Public My comlnlssion expires on Aug. 1, 1990. Com~cil Member Voetherg moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Com~cil Members Deich, Kluesner. Pratt, Siomn, Voetherg. Nays--None. Absent-- Council Member Heckmann. Proof of publication, certified to by the Publisher, on Notice of Public Ilearing to adopt an amended Conceptual Development Plan for the Kennedy Mall PC Planned Commercial District, presented and read. Council Member Pratt moved that the proof of publication be received mhd filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetherg. Nays- None. Absent--Council Member Heckmann. ORDINANCE NO. 29-89 AN ORDINANCE AMENDING ZON- ING ORDINANCE BY ADOPTING AN AMENDED CONCEPTUAL DE- VELOPMENT PLAN FOR THE KEN- NEDY MALL PC PLANNED COM- MERCIAL DISTRICT AT 55 JOIIN F. KENNEDY ROAD, said Ordinance hav- ing been presented and read at the Coun- cil Meeting of May 15, 1989, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 29-89 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 ADOPTING AN AMENDED CON- CEPTUAL DEVELOPMENT PLAN FOR THE KENNEDY MALL PC PLANNED COMMERCIAL DIS- TRICT AT 55 JOHN F. KENNEDY ROAD. WHEREAS, the Cafaro Compm~y, owner and developer has filed an applica- tion for approval of an mended Concep- tual Development Plan for hereinafter described property in accordance with provisions of the PC Planned Commer- cial District regulations as set forth in Section 3-3.8D of the Code of Ordinances, Appendix A thereof, of the City of Du- buque, Iowa; and WHEREAS, the Plamfing and Zoding Comlnission has held a public hearing on said application for an amended concep- tual development plan pursuant to re- quired published notice; and 254 WHEREAS, the Planning and Zoning Commission has approved said amend- ed conceptual development plan subject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-3.8D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission recommended the concur- rence of the City Council and approval of said amended conceptual development plan; and WHEREAS, the City Council has received the recommendation of the Plan- ning and Zoning Comn~ission and held its own public hearing on said anaended con- ceptual development plan pursuant te quired published notice; and WHEREAS, the City Council has ap- proved said amended conceptual develop- meat plan subject to the same specific conditions and restrictions: NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tile Code of Ordinances of tbe City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning map of the City of Dubuque, Iowa", by adopting and approving the amended Conceptual Development Plan for tbe following described property, to wit: Lot 1 of Lot I of Lot i of Lot 1 of Lot 1 of Hawkeye Stock Farm and Lot i of Lot 2 of Lot 2 of Clinque, Inc. Addition, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the PC Planned Commer- cial District, and the Zoning Ordinance of the City of Dubuque, Iowa, the use and improveme~at of the hereinabove de- scribed PC Planned Commercial District shall be subject to the following condi- tions and restrictions: Use Regulations Tlie following regulations shall apply to all uses made of land in the above described PC Planned Commercial Regular Session June 5, 1989 District: 1) The principal permitted uses shall be limited to those uses as perraltted by Section 3-3.8B of the Zoning Ordinance of the City of Dubuque, Iowa, except that ao residential uses will be permitted. 2) Accessory uses shall be limited to any use customarily incidental and subor- dinate to the principal use it serves. 3) No conditional uses will be allowed. B. Development of land in this par- ticular PC Planned Commercial District shall be regulated with a 30 foot front yard setback for all buildings and structures. C. parking Requirements The off-street parking requirements for the principal permitted uses shall be to same as that designated by Section 3-3.8B of the Zoning Ordinance of the City of Dubuque, Iowa. D. Signs The following regulations alkali apply to al! signs in this particular Planned mercial District as follows: 1) The sign regulations shall be the nme as that which are allowed in the C-3 General Cotmnercial District as estab- lished in Section 4-3.11 Schedule of Sign Regulations of the Zoning Ordinance of the City of Dubuque, Iowa. E. Site Development Standards The site development standards for this Planned Commercial District shall be as follows: 1) A Final Site Development plan ;hall be sub~nitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa. 2) A 17000 square foot addition shall be constructed to the south of the ex- isting Armstrong Department Store. 3) The gross leasable area will be reduced to approximately 563,000 square feet. F. Performance Standards The development and maintenance of uses in this PC Planned Commercial District shall be established in confor- mance with the standards of Section 3-3.8D of the Planned Commercial District. Regular Session G. Time Limitation The timetable for constructinn tu~d sni)- mittal of a Final Site Devalopment Plan shall be established in conformance with the following standards: 1) The Conceptual Devalopment lqan shall lie valid for a period of three years from the date of adoptinn of this or- dinance, provided that after tlie first yem-, if no Final Site Deveinpment Plan has been filed, the Commissinn or Coun- cil may ~qdire the resubmitting of a Con- ceptual Devalopment Plan. H. Transfer of Ownership Transfer of owneralffp of lease of property in this PC Planned Commercial District shall include in the transfer or lease agreement a provision that the purcliaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. I. Previous Plan The Conceptual Devalopment plan for that portion of Kannedy Mall approved by Ordinance No. 48-86 shall ~maln valid and in effect in conjunction with this amendment. Section 3. A Final Site Development Plan shall be approved by tlie City Dcvalopment Planner if found to be in conformance with the amended Concep- tual Deveinpment Plan. If found to be in conformance with said Plan, the issuance of Building Permits shall be permitted. Following approval of a Final Site Development Plan, no construction may take place except in substantial confor- retrace with such Plan. Passed, approved and adopted tiffs 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph fterald newspaper this 9th day of June, 1989. MmW A. Davis City Clerk It 6/9 Proof of publication, certified to by the Publisher, on Notice of Public Itearing to reclassify property at 2420, 2422, 2438, 2442 and 2448 Central Ave. presented and read. June 5, 1989 255 proof of publication be ~calved and filed. Seconded by Council Member Pratt. Car- filed. Seconded by Council Member Pratt, Seconded by Council Member Pratt. Car- for Single and Twe-Family Residential 256 Regular Session R-3 Zoning Districts, presented and read. Council Member Kluesner moved that the Ordinance be deferred to the next meeting and ask the Staff to take into consideration an amendment limiting set- back. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. Proof of publication, certified to by the Publisher, on Notice of Hem'ing on Plans and Specifications for painting of Ceiling and Ballroom Walls of the Five Flags Civic Center, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heakmann. RESOLUTION NO. 200-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 12TH DAY OF APRIL, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the PAINTING OF CEILING & BALLROOM WALLS OF THE FIVE FLAGS CIVIC CENTER. 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 are hereby approved as the plans, speciflca- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor June 5, 1989 ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmanm proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of bids for project AND Com- mtmication of City Manager recommend- lng to award contract for project, )resented and read. Council Member Khiesner moved that the proof of publication and communica- tion be received and filed, Seconded by Council Memher Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. RESOLUTION NO, 201-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the DUBUQUE FIVE FLAGS CENTER, PAINTING OF CEILING AND BALLROOM WALLS pursuant to Resolution No. 131-89 and notice to bid- ders published in a newspaper published in the City of Dubuque, Iowa on April 21 and May 5, 1989. WHEREAS, said sealed proposals were opened and read on MAY 18, 1989 and it has been determined that the bid of COLONIAL PAINTING of DU- BUQUE, IOWA in the amount of $48,899.00 was the lowest bid for the fur- nishings 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 COLONIAL PAINTING and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: Regular Session, June 5, 1989 257 That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to re~urn the bid deposits of the nnsuccessful bidders. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mm-y A. Davis City Clerk Council Member Kiuesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, t'ratt, Simon, Vcetherg. Nays--None. Absent Council Member IIecknmnn. Proof of publication, certified to by the Publisher, on Notice of Ilearing on Plans and Specs. 4or the Third Floor Renova- tion, Phase I, City Hail, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Memher Voetberg moved that the proof of publication be received and filed. Seconded by Cotmcil Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dsich, Kluesner, Pratt, Simon, Voetherg. Nays None. Absent---Counail Member Heckmann. RESOLUTION NO. 202-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 26TH DAY OF APRIL, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the THIRD FLOOR RENOVATION, PHASE I, CITY HALL. 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 TItE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted tlxis 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution, Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Pratt, Simon, Voctherg. Nays--None. Absent-- Council Member Heckmann. Proof of publication, certified to by the Pubfisher, on Notice to Bidders of thc receipt of bids for project AND Com- munication of City Manager recommend- ing to award contract for project, presented and read. Counefi Memher Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetherg. Nays None. Absent--Council Me~nher Heckmann. RESOLUTION NO. 203-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the DUBUQUE CITY HALL THIRD FLOOR RENOVATION pursuant to Resolution No. 169-89 and notice to bid- ders published in a newspaper published in the City of Dubuque, Iowa on the 5TH DAY OF MAY, 1989. WHEREAS, said sealed proposals were opened and read on the 23RD DAY OF MAY, 1989 and it has been deter- mined that the hid of STRUB CON- STRUCTION of DUB UQUE, IOWA in the anmunt of $70,635.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifi- cations. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above 258 improvements be awarded to STRUB CONSTRUCTION and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instruct~l to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ikatt, Simon, Vootherg. Nays--None. Absent-- Council Member Heckmann. proof of publication, certified to by the Pablisher, on Notice of Hearing on plans and Specs, for the Rehabilitation of Iowa Street Parking Ramp, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Bredy, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Cmmcil Member Heckmann. RESOLUTION NO. 204-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 26TH DAY OF APRIL, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the REHABILITATION OF IOWA STREET PARKING RAMP. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. Regular Session, June 5, 1989 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvemente for said project. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deicb, Kluesner, Pratt, Simon, Veetherg. Nays--None. Absent-- Council Member Heckmann. proof of publication, certified to by the Publisher, on Notice of Bidders of the Receipt of Bids for project AND Com- nmnication of City Manager recommend- ing to award contract for project, presented and read. Council Member Voetherg moved that the proof and communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. RESOLUTION NO. 205-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the REHABILITATION OF IOWA STREET PARKING RAMP pursuant to Resolution No. 166-89 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5TH DAY OF MAY, 1989. WHEREAS, said sealed proposals were opened and read on the 24Ttt DAY OF MAY, 1989 and it has been deter- mined that the bid of R,A. JOHNSON CONTRACTING CO., INC. of OMAHA, NEBRASKA in the amount of $344,278.00 was the lowest bid for the Regular Session furnislfings of all labor and materials and performing thc work as provided for in the plans and specifications. NOW, THEREFORE, BE IT SOLVED EY THE CITY COUNCIL OF TtIE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to R.A. JOHNSON CONTRACTING CO., INC, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work, BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid depos!ts of the unsuccessful bidders, Passed, approved and adopted this 5th day of June, 1989. James F,. Brady Mayor ATTEST: Ma~y A. Davis City Clork Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent-- Council Member Hcckmann. Communication of City Manager re- questing a public hearing be set to con- sider releasing a driveway easement in the Century Drive and Centuw Circle area, presented and read. Council Mmnber Voetberg ~noved the commuhication be received and filed and set public hearing on June 19, 1989. Secondcd by Council Member Pratt. Car- ried by the following vote'. Yeas- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays- None. Absent--Council Member Heckmann. Petition of Al Polscm~ requesting to ad- dress the Council concerning the sewer that was run through his property and concerns regarding proposed street pro- gram, presented and read. Mr. Polsean spoke. Com~cil Melnber Simon moved that the June 5, 1989 259 petition be received and filed. Seconded by Council Member Voctberg. CmTied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmaun. RESOLUTION NO. 206-89 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,150,000 GENERAL OBLIGA- TION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incor- perated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of construction, ceconstraction and repairing of street im- provements; construction, ~econstruc~ tion, extension and improvement of works and facilities useful for the collec- tion and disposal of surface waters and streams; reconstruction, extension, and improvement of an existing airport; ac- quisition, installation and repair of traf- fic control devices, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $2,000,000 be issued for said purpose; and WHEREAS~ pursuant to notice mblished as required by Section 384.25 ,f said Code, this Council has held a ~ublic meeting and hearing upon the pro- msal to institute proceedings for the ssuance of said Bonds in the amount of $4,000,000, and the Council is therefore now authorized to proceed with the is- suance of $2,000,000 of that authorized msuance; and WHEREAS, the Issuer is in need of funds to pay costs of settling and ad- usting legal indebtedness of the City evidenced by a judgment rendered against the City, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $650,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Sec[ion 384.25 of said Code, this Counall has held a public meeting and hearing upon the pro- posal to institute proceedings for the is- suance of said Bonds, and the Council is 260 Regu!ar Session therefore now authorized to pr~ ~x~ith the issuance of said bonds; and WHEREAS, the Issuer is i~.n/~ed of funds to pay costs of reconstructing, im- proving and equipping of swimming pools; a gene~'al corporate purPeoe, and it is deemed necessary and advisable that its General Obligation Bond~ in ~tbe amount of $1,500.000, of an anthor.'.~zed issuance of $3,425,000, be issued for ~ald purpose; and WHEREAS, this Counc'~, pursqant to Section 384.26 of said Code, did' legally call a City election, fixing the time and place thereof, mud did legally submit to the qualified electors of the City the pro- poaition of issuing General Obligation Bonds of the City in an amount not ex- ceeding $3,245,000. for the aforesaid pur- pose, and caused to be given legal suffi- cient and timely notice of said election and the time, place and purpose thereof; and WHEREAS, the City election was du- ly and legally held and conducted on March 14, 1989, pursuant to said call and to a legal notice duly given by publica- tion in a legal newspaper, printed whol- ly in the English language, published at le~t once weekly, and having general c'~ culation in the City, said publication in said newspaper appearing on a date not less than 4 clear days nor more than 20 days prior to the date of said election, all in strict compliance with the law and the orders of said Council and the County Commissioner of Elections; and, the af- firmative vote on said proposition being equal to more than 60% of the total vote east for and against said proposition at said election; said proposition having been declared and at all times certified to have been duly adopted, no contest thereof having been made; and WHEREAS, pursuant to Section 384,28 of the City Code of Iowa, it is hereby found and determined that ~he various general obligation bonds authorized as hereinaheve described shail be combined for the purpose of issuance in a single issue of Corporate Furpose Bonds as hereinafter set forth; and WHEREAS, pursuant to the provi- sions of Chapter 75 of the Code of Iowa, the above mentioned bonds were here- tofore sold at public sale and a~ion should now be taken to issue said bonds June 5, 1989 conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The foliowing terms shall have the following meanings n this Resolution unless the text expres~ ly or by necessary implication requires otherwise: (a) "Issuer" and "City" shall mean the City of Dubuque, Iowa; (b) "Treasurer" shall mean tim City T~easurer or such other officer as shall succeed to the same duties and respon- aibilities with respect to the recording and payment of the Bonds issued here- under; (c) "Bonds" shall mean $4,150,000 General Obligation Bonds, authorized to be issued by this Resolution; (d) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds; (e} "Rebate Fund" shall mean the fund so defined in and established pur- suant to the Tax Exemption Certificate; (f) "Registrar" shall be Bankers Trust Company of Des Maines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of he owners of the bonds. Unless other- wise epeclfied, the Registrar shall also act as Transfer Agent for the bonds; (g) "Paying Agent" shall be the Bankers Trust Company, or such suc- '~esser as may be approved by Issuer as )rovided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of prln- cipal of and interest on the Bonds as the same shali become due; (h) "Tax Exemption Certificate" shall mean the Tox Exemption Cer- tificate executed by the Treasurer and delivered at the time of issuance and delivery of tile Bonds; Section 2. Levy and Certification of annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the Regular Session, June 5, 1989 261 purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annuai tax on ail of the taxable proper~y in Dubuque, Iowa, te- wit: FISCAL YEAR (JULY 1 TO JUNE 30) YEAR AMOUNT OF COLLECTION: $962,283 1990/1991 $708,895 1991/1992 $688,670 1992/1993 $607,795 1993/1994 $550,170 1994/1995 $504~495 1995/1996 $439,745 1996/1997 $527,635 1997/1998 $723,265 1998/1999 $133,375 1999/2000 (Note: For example the levy to be made and certified against the taxable valuations of January 1, 1988, wili be coli lected during the fiscal year commencing July 1, 1989}. (b) Resolution to be Filed With Coun- ty Auditor· A certified copy of this Resolution should be filed with the Coun- ty Auditor of Dubuque County. Iowa, and s~dd Auditor is hereby instructed in and for each of the years as provided, to levy and assess the to~x hereby author- ized in Section 2 of this Resolution, in llke manner as other taxes are levied and assessed, and such taxes so levied in and for each'of the years aforeseid be col- lected in like manner as other te-xes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in an- ticipatinn of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal m~d interest coming due at any time when the proceeds of said t~x on hand shall be insufficient to pay the same shail be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addi- tion to, all other taxes in and for the City, and when collected they shall be con- verted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1989 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the prin- cipal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Fro- ceeds. Proceeds of the Bonds other than accrued interest except as may be pro- vided below shall be credited to the Pro- ject Fund and expended therefrom for the purposes of issuance. Any an~ounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at thc earliest opportunity. Any balance on hand in the Project Fund and not im- mediately required for its purposes may be invested not inconsistent with limita- tions provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments o£ Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in direct obligations of the United States Govern- meat or deposited in financial institutions which are members of the the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Cor- poration and the deposits in which ace in- sured thereby and all such deposits ex- ceeding the maximum amount insured from time to time by FDIC or FSLIC or its equivalent successor in any one finan- cial institution shall be continuously secured by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All such interim investments shah ,nature before the date on which the moneys are required for payment of principal of or interest on the Bonds as hert~m provided. Section 6. Bond Details. Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the mnount of 262 $4,150,000, shall be issued pursuant to the provisions of Sectinn 384.28 of the City Code of Iowa for the aforesaid pur- pose. The Bonds shall bq designated "GENERAL OBLIGATION BOND", be dated June 1, 1989, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on November 1, 1989, and semi~tnnually thereafter on the 1st day of May and November in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the fac- simile signature of the Mayor and at- tested by the facsimile signature of the Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and in- terest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Pay- ing Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest principal Maturity Rate Amount May 1st 6.50% $440,000 1991 6.50% $465,000 1992 6.50% $475,000 1993 6.50% $425,000 1994 6.50% $395,000 1995 6.60% $375,000 1996 6.60% $335,000 1997 6.60% $445,000 1998 6.70% $670,000 1999 6.70% $125,000 2000 (b) Redemption. Bonds maturing after May 1, 1997, may be called for redemption by the Issuer and paid before maturity on said date or any interest pay- ment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturi- ty by lot by giving thirty days' notice of redemption by registel~ed mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of Bonds to be called has ~n June 5, 1989 been reached. Section 7. Registration of Bonds; Ap- pointment of Registrar; Transfer; Owner- ship; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of owner- ship of the Bonds, and in no other way. Bankers Trust Company is hereby ap- pointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar ~hall mahitaln the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as prodded in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provi- sions for registration and transfer con- tained in the Bonds and in this resolu- tion. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registra- tion and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registra- tion is to be made in the name of multi- ple individuals, of ail such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner requi~ed above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denomina- tions permitted by this Resolution in gregate principal amount equal to the un- natured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. Regular Session, June 5, 1989 263 (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the em-liest practicable time, on the Registra- tion Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- ment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and ef- fectual to satisfy and discharge the liabili- ty upon such Bond, including the interest thereon, to the extent of the sum or surns so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a cer- tificate of the destruction thereof shnll be furnished promptly to the Issuer; provid- ed that if the Issuer shall so direct, the Registrar shall forward the cancelied Bonds to the Issuer. fi) Non-Presentment of Ronds. In the event any payment check representing pay~nent of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for pay- ment of principal at the maturity or redemption date, if funds suffialent to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to tixe owner thereof for such interest or pay- ment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, with- out liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds fur any clal~n of whatever nature on his part under this Resolution or on, or with respect to, sual~ interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on whlci~ such interest or principal became due, whether at maturity, or at the date f~xed for redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any re- maihing funds so held to the Issuer, whereupon any claim under this Resolu- tion by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration ~nd Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond roi' each annual maturity. The Registrar shall fur- hish additional bonds in lesser denomina- tions (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar autbenticate and deliver a new Bond of like tenor and amount as the Bond so nmtilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of sual~ mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon frog with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon fur- nishfug the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the pay- ments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds, Upon the adoption of this Resolution, the Mayor and Clerk shall execute anti deliver the 264 Bonds to the Reglstrm', who shall authen- ticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any pur- pose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Cer- tificate herein set forth. Such Certificate upon any bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolutinn and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and un- til there shall have been provided the following: 1. A certified copy of the resolution of Issuer authorizing the issuance of the Bonds; Regular Session June 5, 1989 2. A written order of Issuer sibq~ed ~ the City Treasurer of the Issuer d~rec- ting the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Alibee, Band Counsel, concerning the validity and legality of all the Bonds pro- posed to be issued. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form of follows: Section 12. ~--~- Bonds shall be printed in substantial compliance w~th standards proposed by the American Standards institute substantially in the form as follows: (9) (10) ond)--~. (continued on the back of this B (Front) Regular Session, June 5, 1989 (x0) Continued (~s) (XT) FIGURE 2 (Back) The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1. figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND" "CORPORATE PURPOSE." Item 2, figure 1 = Rate: __ Item 3, figure i = Maturity: __ Item 4, figure i = Bond Date: June 1, 1989 Item 5, figure 1 = Cusip #.__ Item 6, figure 1 = "Registered" Item 7, figure I = Certificate No.__ Item 8, figure I = Principal Amount: $ Item 9, figure 1 = The City of Dubu- que, Iowa, a municipal corporation organized and existing under and by vir- tue of thc Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the matority date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or 265 P~inter with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) Thousand Dollars in lawful money of the United States of America, on the nmturity date shown above, only upon presentation and sur- render hereof at the office of Bankers Trust Company, Paying Agent of this issue, or its successor, with interest on said sum fi'om the date hereof until paid at the rate per annum specified above, payable on November 1, 1989, and semi- atmually thereafter on the 1st day of May and November in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on tbe records of ownership maln- teJned by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be com- puted on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to tt~e provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of construction, reconstruction and repairing of street improvements; Regular Session, June 5, 1989 267 266 Regular Session_ June 5, 1989 construction, reconstruction, extension certified that all acts, conditions and and improvement of works and facinties things requisite, according to the laws useful for the collection and disposal of surface wa~ers and streams; reconstruc- tion, extension, and improvement of an existing airport; acquisition, installation and repair of traffic control devices; set- tllng and adjusting legal indebtedness of the City evidenced by a judgment ren- dered against the City; and reconstruc- ting, improving and equipping of swim- ming pools, in conformity to a Resolution of the Council of said City duly passed and approved. Bonds maturing after May 1, 1997. may be called for redemption by the Issuer and paid before maturity on said date or any interest payment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annuol maturity by lot by giv- ing thirty days' notice of redemption to the registered owner of the Bond. The terms of redemption shall be par, plus ac- crued interest to date of call. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur orly upon presentation and stwrender of this Bond at the office of the Registrar, together with an assignment duly ex- ecuted by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provid- ed in Article 8 of the Uniform Commer- cial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the In- ternal Revemm Code of 1986 And it is hereby represented and and Constitution of the State of Iowa, to exist, to be had, to be done, or to be per- formed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made fox- the levy of a sufficient continuing annual tax on all the texable property within the territory of the Issuer for the payment of the prin- cipal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of he Issuer are irrevocably pledged for the )tempt payment hereof, both principal and interest; and the total indebtedness of the Issuer inchiding tins Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Bankers Trust Com- pany of Des Molnes, Iowa. Item 11, figm'e I = Date of authenti- Item 12, figure I = This is one of the Bonds described in the within mentioned Resolution, as registered by Bankers Trust Company. Bankers Trust Company By Item 13, figm'e 1 = Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Company Item 14, figure 1 ~ (Seal) Item 15, figure 1 = [Signature Block] City of Dubuque, Iowa By: (f~acsimile signature) Mayor Attest: (facsimile signature) City Clerk Item 16, figure 2 -- It is certified that the fei]owing is a correct and complete copy of the opinion of bond counsai issued as of the date of delivery o~ the issue of which this Bond is a parL (facsimile aiglmture) City Clerk [Opinion of Bond Counsel] Item 17, fignre 2 = [Assignment Block] [Infommtion Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No, ) the witbin Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitu- tion in the premizes. Dated {Person(s) executing tiffs Assignment sign(s) here) SIGNATURE) GUARANTEED) IMPORTANT -- READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate)s) or bond(s) in every pm.ticuhu' without altera- tion or enlargement or any change what- ever. Signature guarantee should be made by a member or member organiza- tion of tbe New York Stock Exchange, members of other Exchanges having signatures on file with transfer agents or by a commercial bank or trust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of qh-ansferee(s) Address of Transferee(s) Social Security or Tvx Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *If the bond is to be registered in the names of multiple individual ovmers, the names of all such owners and one addi'ess and social security number must be provided. The following abbreviations, when used in the inscription on the face of tl~s bond, shall be construed as though writ- ten out in full according to applicable laws or regulations: TEN COM -- as tenante in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorslfip and not as tenants in common IA UNIF TRANS MIN ACT ............ Custodian (Cust) (Minor) under Iowa Un]form Tcansfers to Minors Act ........................ (State) Section 13. Contract Beiween Issuer and Purchaser. This Resolution con- stitutes a contract between said City and the purchaser of the Bonds. Section 14. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds form the issuance and sale of the bonds issued hereunder wiffch will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and {b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it win comply with the requirements of said statute and regulations issued thereunder. To tbe best ~mowledge and belief of the Issuer, there are no facts or circum- stances that would nmterially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be ar- bitrage bonds. Without linffting tbe generality of the foregoing, tbe Issuer hereby agrees to comply with the provi- sions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemp- tion Certificate in ail respects and to ex- ecute and deliver the Tax Exemption Cer- tificate at issuance of the Bonds to 268 Regular Session, June 5, 1989 certify as to the reasonable expectations and covenants of the fssuer at that date. Section 15, Severability Clause. If any section~ paragraph, clause or provision of this Resolution be held invalid, such validity shall not affect any of the re- malning provisions hereof, and this Resolution shall become effective ira- mediately upon its passage and approval. Section 16. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of tho Bonds from time to time outstanding that the Issuer through its officers~ la) will make such further specific covenante, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemp- tion Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Ex- eruption Certificate); {d) pay to the Llnited States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and sup- porting documents as ma~y be required and in a timely manner; and (f} if deemed necessm'y or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such mnend- ment is necessary to maintain tax exemp- tion with respect to tbs Bonds under ap- plicable ]?ederal law or regulations. Section 18. Qualified Tax-Exempt Obligations. For tbs sole purpose of quail- lying the Bonds as "Qualified Tax Ex- erupt Obligations" pursuant to the Inter- nal Revenue Code of the United States, the Issuer designates the Bonds as qualified tex-exempt obligations and represents that the reasonably tlcipated mnount of tax exempt govern- ment and Code Section 501(c)3 obfiga- Section 19. Repeal of Conflicting Resolutions or Ordinances. That all or- dinances and resolutions and parts of or- dinances and resolutions in conflict herewith are hereby repealed. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady~ Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. Communication of City Manager sub- mitring an Ordinance regarding "Two Honr Time Zones", presented and read. Co~mcll Member Simon moved timt ti~e communication be received and filed. Seconded by Council Member Khicsner. Carried by the following vote: Yeas-- Mayor Brady, Counail Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. ORDINANCE NO. 30-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN TWO HOUR TIME ZONES DESIGNATED IN SUBSECTION (c) IN SECTION 25-257 THEREOF AND ADDING CERTAIN AREAS IN THE TWO HOUR TIME ZONE DESIG- NATED IN SUBSECTION (c) IN SEC- TION 25-257 IN LIEU THEREOF PROVIDING FOR TWO HOUR PARKING ON CERTAIN STREETS N TIlE CITY, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 30-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF TIIE CITY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN tlons which wili be issued during the cm" THE TWO HOUR TIME ZONES rent calendar year will not exceed Ten DESIGNATED IN SUBSECTION (c) (10) Million Dofiars. IN SECTION 25-257 THEREOF AND Regular Session. June 5, 1989 269 ADDING CERTAIN AREAS IN THE TWO HOUR TIME ZONE DESIG- NATED IN SUBSECTION (c) IN SEC- TION 25-257 IN LIEU THEREOF PROVIDING FOR TWO HOUR PARKING ON CERTAIN STREETS IN THE CITY NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by deleting the following areas in Subsection (c) of Section 25-257 thereof as follows: Sec. 25-257. Prohibited on designated streets or portions thereof. (c) Time zones deaignated. Two Hour Time Zones First Street, West, from Locust Street to Bluff Street Thirteenth Street, East, north side, frmn Elm Street to Washington Street Fourteenth Street, Ea§t, south side, from White Street to Jackson Street Sixteenth Street, East, both sides, from Pine Street to Maple Street Bluff Street, both sides, from West First Street to West Third Street Jackson Street, west side, from East Tenth Street to East Twelfth Street Mak~ Street, east side, from Dodge Street north to'a point 360 feet south of West First Street Main Street, both aides, from Dodge Street lo Charter Street Main Street, west side, from Jones to Shields Rosedale Avenue, both sides, fi'om North Grandview to St. Ambrose Street Shields Street, both aldes~ from Jones Street to Main Street White Street, west side, from East Fourth Slreet to East Fifth Street Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be mnend- ed by adding the following areas in Subsection (c) in Section 25-257 thereof as follows: Section 25-257. Prohibited on designated streets or portions thereof. (c) Time zones designated. Two Hour Time Zones First Street, West, south side, from Locust Street to Bluff Street Thirteeth Street, East, north side, frmn Elm Street to the alley east of Wash- ing$on Street Bluff Street, east side, from West First Street to West Tbird Street; west side, from Enunett Street to West Third Street Jackson Street, west side, from a point 140 feet south of West Eleventh Street to Twelfth Street Main Street, east side, from Jones Street to a point 214 feet north of Jones Street Rosedale Avenue, south side, from Avoca Street to the alley east of St. Ambrose Street Passed, approved and adopted tiffs 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 5th day of June, 1989. Maw A. Davis City Clerk It 6/5 Council Member Simon moved this be considered the first reading of the Or- dinance, and that ti~e requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicb, Kluesner, Pratt, Shnon, Voetberg, Nays--None. Absent--Counail Member Heckmann. Communication of City Mtumger re- questing approval to purchase real estate at 272 Valeria St., presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member iCh'att. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- net, Pratt, Simon. Nays--Council Mem- ber Voetborg. Absent--Council Member Heckmann. RESOLUTION NO. 207-89 A RESOLUTION APPROVING THE 270 Regular Session, June 5, 1989 ACQUISITION OF REAL ESTATE ON VALERIA STREET, IN THE CITY OF DUBUQUE: WHEREAS. the City of Dubuque has a secured interest in a property at 272 Valeria Stxeet; and WHEREAS, this interest is subor- · dinate to an owner's interest which will otherwise be lost due to a legal action to cause forfeiture. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property from the contract seller, Michael D. McCarthy. vendor of a contract dated September 13, 1976, filed as Instrument 9324-1976 on October 5. 1976: Lot Two (2) of Lot Thirteen (13) of the Subdivision of Lots 129, 131A and 135A in L.H. Langworthy's Addition in ti~e City of Dubuque, Iowa (generally known and assessed as Wialand's Subdivi- sion), according to the recorded plat thereof at the cost of approximately fourteen thousand eighty dollars ($14,080.00). Section 2. That the City Manager be and he is hereby authorized and directed to accept a Quit Claim Deed from tile owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be record- ed in the Office of the Dubuque County Recorder, together with certified copy of this Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque Coun- ty Assessor and the Dubuque County Auditor. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mory 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 Deich, Kluesner, Pratt, Simon. Nays--Council Member Voeterg. Absent--Council Member Heckmann. Communication of City Manager sub- mitring Third Progress Report from Freeway Corridor Planning Committee and requesting comments from Council regarding progress thus far, presented and read. Council Member Pratt moved that the report be received and fried. Seconded by Council Member Voetberg. Carried by ti~e following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. Communication of City Manager recommending approving of new agree- ments between the City and five bargain- ing units, presented and read. Council Member Deich moved that the communication be received and fried. Seconded by Council Member Pratt. Car- ried by ti~e following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Pratt, Simon, Voctberg. Nays-- None. Absent--Council Member Heck- RESOLUTION NO. 208-89 RESOLUTION ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE GENERAL DRIVERS AND HELPERS UNION, LOCAL//421, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ~ ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, is an employee organization within the mean- lng of Section 3(4) of the Public Employ: merit Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, submitted a Regular Session, June 5, 1989 271 request to bargain collectively on behalf of the employees within its representa- tion; and WHEREAS, bargaining between the parties has occurred and au agreement has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ti~e terms of the agree- ment be accepted and the Mayor authorized to sign the collective bargain- ing agreement. Passed, approved and adopted this 5th day of dune, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady. Coancll Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. RESOLUTION NO. 209-89 RESOLUTION ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL//353, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meahing of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the Dubuque Profes- sional Firefightors Association; Local #353, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WItEREAS, the Dubuque Profes- sional Firefighters Association. Local #353, suhinitted a request to bargain col- lectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section l. That the terms of the agre~ ment be accepted and the Mayor authorized to sign the collective bargain- lng agreement. Passed. approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. RESOLUTION NO. 210~89 RESOLUTION ACCEPTING THE AGREEMENT BETWEEN THE CITY OE DUBUQUE, IOWA, AND THE AMALGAMATED TRANSIT UNION, DIVISION//329, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 8(1) of the Public Employment Relations Act; and WHEREAS, the Amalgamated qs-an- sit Union, Division #329, is an employee organization within the meaning of Sec- tion 3(4) of the Public Employment Rela- tions Act; and WHEREAS, tim Amalgamated Trina- sit Union, Division #329, submitted a re- quest to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. 272 NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- ment be accepted and the Mayor authorized to sign the collective bm-gain- ing agreement. Passed, approved and adopted this 5th day of June, 1989. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent --Council Member Heckmann. RESOLUTION NO. 211.89 RESOLUTION ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICEMEN'S PROTECTIVE ASSOCIATION AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer wlttfin the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the Dubuque pollce~uen's Protective Association, is an employee organization within tbe meaning of Sec- tion 3(4) of the Public Employment Rela- tions Act; and WHEREAS, the Dubuque policemen's Protective Association submitted a re- quest to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, June 5, 1989 Section 1. That the terms of the agrce- ment be accepted and the Mayor authorized to algn thc collective bargain- ing ag~ceement. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor Mary A. Davis City Clerk Council Member Dalch moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Councl] Members Deich~ Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent --Council Member Heckmaun. RESOLUTION NO. 212-89 RESOLUTION ACCEPTING THE AGREEMENT BETWEEN THE ~F DUBUQUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #758, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Cbapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local #758, is an employee organization within the mean- lng of Section 3(4) of the Public Employ- Relations Act; and WHEREAS, the International Union of Operating Engineers, L~cal #758, sub- mitred a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of tlie agree- ment be accepted and the Mayor Regular Session Jun.___~e 5, 1989 273 authorized to sign the collective bargain- lng agreement. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. Communication of City Manager sub- ~nitting Compensation Package for Non- Bargaining Unit Employees, presented and read. Council Member Deich moved that the communication be re, calved and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ner~ Pratt; Simon, Voetberg. Nays-- None. Absent--Council Member Heckmann. RESOLUTION NO. 213-89 RESOLUTION ADOPTING THE FISCAL YEAR 1990 COMPENSA- TION PACKAGE AND WAGE PLAN FOR NON-BARGAINING UNIT EMPLOYEES WHEREAS, it has been the practice to provide a compensation package to non-bargaining unit employees si~hilar to the compensation package to be received by bargaining unit employees; and WHEREAS, the proposed compensa- tlon package and wage plan for non- bargaining unit employees for Fiscal Year 1990 represents an increase of four percent (4%) wbJch is conalstent with the compensation package to be received by all of the City's bargaining milts in Fiscal Year 1990. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the compensation package and wage plan for non-bar- gaining unit employees for Fiscal Year 1990, which reflects an across the board increase of four percent (4%) effective July 1, 1989 is hereby approved. Passed, approved and adopted this 5th day of June, 1989. James E~ Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Jouncll Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent --Council Member Heckmann. RESOLUTION NO. 214-89 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes witbin the City of Dubuque, Iowa, be granted ~ permit to sell Cigar- ettes and Cigarette Papers within said City. Beecher Beverage #1 Beecher Co., Inc. 2399 White St. leecher Beverage #2 Beecher Co., Inc. 1691 Asbury Rd. Casey's General Store The Lincoln Co. 4003 Peru Rd. Casey's General Store Angel Investment 2699 Rockdale Rd. Dodge House Motel Dodge House Corp. 701 Dodge St. Econofoods #471 Nash Finch Co. 3355 J.F.K. Circle Eagle Food Center #109 Eagle Food Centers, Inc. 200 S. Locust St. Eagle Food Center #130 1800 Ehn St. Eagle Food Centex #320 2050 J.F.K. Feneinn's Market A1 Tressel 2528 Central Ave. Goetz's James W. Goetzinger 2776 Jackson St. Happy's Place P.M.S.T, Inc 2323 Rockdale Rd. 274 Regular Session June 5, 1989 Hartig Drug Company, Inc. 7th & Town Clock Plaza Hartig Drug Company Inc. 157 Locust St. Hartig Drug Company Inc. 2255 J.F.K. Hortig Drug Company Inc. 2225 Central Ave. K-Mart Corporation 2600 Dodge St The Kegger Kenneth J. Melloy 3412 Pennsylvania Knicker's Escape Tunnel Curtis L, Gerhard 2168 Centrol Ave. McCann's Service, Inc. 690 West Locust Milk House Loren Zihlke 2311 Windsor Ave Miracle Car Wash, Inc. 3199 University Miracle Car Wash, Inc. 255 Locust St Neighbor's Tap Jerry Lee James Oky Doky #11 Perlewitz, Inc. The Dip 1899 Rockdale Rd 1101 Rbomberg Ave Eugene A. Otting 1689 Elm St. Palmer Drug Company. 2600 Dodge St. Riverside Bowl, Inc. 1860 Hawthorne St. Target Store Dayton Hudson Corp 3500 Dodge St. Whitey's Bar-X LeRoy A. Miller Waigreens, Co. 2616 Windsor Ave. 555 J.F.K. ARA SERVICES A. Y. McDonald 4085 McDonald Drive ARA SERVICES W. C. Brown 2460 Kerper Blvd. ARA SERVICES F.D.L. Foods 701 E. 16th St. ARA SERVICES Dubuque Greyhound Park E. 16th St. Ext. Billy Buck's East St. Tap Billy Buck's Inc. 521 E. 22nd St. Butter's Bar Michael J. Sawvell 1700 Central Ave. The Clubhouse Robert Spiegclhalter 2364 Washington St. Creslanes Bowling Inc. Crescent Electric Supply Co. 225 S. Main Dunne & Son Amoco William F. Dunne 2600 Dodge St. Family Mart, Inc. 3201 Central Ave Family Mart, Inc. Family Beverage Mart 3400 Central Ave. FDL Foods, Inc. Retail 701 E. 16th St. Fischer Lanes Fischer & Co 880 Locust St. House of China, Inc. 170 J.F.K. Hy-Vee Foods Stores, Inc. 3500 Dodge St. Ken Fenelon Finer Foods Rest., Inc. 3130 Jackson St. Kim's Chateau Supper Club Klm Reed 3750 Central Ave. Martin Automatic Car Wash Pride Service, Inc. 2175 Central Ave. Martin Oil of Dubuque 'ride Service, Inc. 280 Locust St. Murph's South End Tap Laura A. Murphy 55 Locust St. Old Shang Nelda L. Bennett 1091 Main St. Revco Discount Drug Center #3016 3049 Asbury Rd. Sfikas Restaurant Grandma's Pantry, Inc. 401 Central Ave. Sid's Beverage Store, Inc. 2727 Dodge St. Wally Gators Fifties, Inc. 2095 Kerper Blvd. Regular Session, June 5, 1989 2~ Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTI]ST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent Council Member Heckmann. RESOLUTION NO. 215-89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this city and have filed proper bond; NOW, THEREFORE, BE IT 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 Dubuque Jaycees Hawthorne St. Pusaterl Bros. Inc. Pusateri Peppe Pizza 2400 Central Ave. CLASS "BE" BEER PERMIT Hy-Vee Food Stores 356~ Dodge St. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor Aqq~EST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Mexnbers Deich, Khiesner, Pratt, Simon, Voetherg. Nays--None. Absent Council Member Heckmann. RESOLUTION NO. 216-89 WHEREAS, Applications for Liquor Licenses have been submittod to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinm~ces 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 bo authorized to cause to be issued to the following nan~ed applicm~t(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eugene A. Otting 168,9 Elm St. Susan Jean Saffran Kennel Club 1097 Jackson St. American Legion Post 6 I306 Delhi St. James E. Bauer Jerry's Tap Joyce A. Lorenz Rainbow Lounge 431 Rbomberg Ave. 36 West 4th St. Passe(l, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas Mayor Brady, Council Members Delch, Kluesner, Ih'att, Simon, Voetberg. Nays--None. Absent Council Member Heckmann. MINUTES SUBMITTED: Airport Colmm, of 4-27 & 5-9; Elec. Examining Bd. of 5-8; Park & Rec. Comm. of 5-9; Planning and Zoning Comm. of 5-3; Public Lihrary Board of 5-1& Historic Preservation Comm. of 5-23; Planning and Zoning Comm. of 5-17; Zoning Bd. of Adjustment of 4-27, presented and Council Member Voetberg moved that the minutes be received and filed. 276 Seconded by Council Member Deich. Car- ded by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Pratt, Simon, Voetberg. Nays-- None. Absant--Council Member Heck- NOTICES OF CLAIMS/SUITS: George Clark, in amt. of $4,500 for per- sonal injuries; fuwa Dept. of Revenue and Finance in amt. of $440 for vehicle damages; Clarence Meyer in mnount of $95.55 for personal injuries; Steve Neyens in unknown amount for proper- ty damagesl Duane Nilles, in amount of $58.30 for vehicle damages; Lois A. & Sam rusateri, in unknown amount for property damages; Shirley Spinoso, in unknown amount for personal injuries; Helen Werner in unknown mnount for personal injuries; Wendy Winfrey, in unknown amount for personal injuries; American Trust and Savings Bank vs. Upper Mississippi Development Co. et al submitting notice for foreclosure of real estate mortgage; Iowa Dept. of Natural Resources submitting Notice of Intent to include property on registry of confirmed, abandoned or uncontrolled disposal sites, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Councri Member Deicl~ Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Pratt, Simon, Voetberg. Nays-- None. Absent--Council Member Heck- Iowa DOT submitting Notices in the matter of condemnation of certain rights in land for relocated Primary Road No. U.S. 61 in the City with Fischer Invest- meat Co. and Plastic Center, Inc., presented and read. Council Member Voetberg moved that the notice be recevied and fried. Second- ed by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon Voetberg. Nays--None. Absent-- Council Member Heckmaun. Communicatibn of Corporation Counsel recommending settlement of sewer back-up claim of Mrs. Silas Christopherson in the amount of $119, presented and read. Council Member Voetberg moved that Regular Session, June 5, 1989 communication be received and filed and approved with Finance Director to issue proper check. Seconded by Coun- cil Member Delch. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Da/ch, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. Communication of Corporation Counsel recommending denial/closure of car damages claim of Tom Gofffuet; Car damage claim of Dale Till; Car damage claim of Joseph P. Wagner; Advising of closure of Datisman vs. Dubuque Racing Assn. and City of Dubuque, presented and read. Council Member Voetberg moved that the communication be received and filed t recommendations approved. Second- ed by Council Member Dcich. Carried by vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann, Communication of Judy Rellly sug- gesting removal of stop lights at Midway Motor Lodge when considering the placc- ~ at the K-Mar t in- tersection, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Daich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Connell Member Dubuque Golf and Country Club re- questing permission to display fireworks on July 4th at about 9 p.m. on their grounds, presented and read. Council Member Voetberg moved that the communication be received and filed and approved subject to implementation of the City Manager. Seconded by Coun- cil Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. Communication of City Manager recommending approval of Purchase of Services Agreement with Substance Abuse Services Center for fiscal year beginning July 1, 1989, and authorizing Mayor to execute, presented and read. Regular Session June 5, 1989 277 Council Member Voetberg moved that the communication be received and fried and approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Pratt, Simon Voetberg. Nays--None. Absent--Council Member Heckmann. Communication of City Manager re- questing approval of Funding Agreement between the City and Project Concern Phone-A-Friend, Inc. for fiscal year 1990, presented and read. Council Member Voetberg moved that the communication be received and flied. Seconded by Council Member Daich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Pratt, Simon, Voetberg. Nays-- None. Absent--Council Member Heck- RESOLUTION NO. 217-89 A RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE PROJECT CONCERN/PHONE~ A-FRIEND, INC. AND AUTHOR- IZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque, Iowa, has negotiated with the Project C oncer n/Phon~ A-Friend, Inc. to continue to provide for services that will aid the City of Dubuque in meeting the social and economic needs of low and moderate income persons and the long-term unemployed; and WHEREAS, the terms trod conditions under which Project Concern/Phone-A- Friend, Inc. will be funded for providing the abeve-described services are set forth in the Funding Agreeanent, a copy of which Agreement is hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa and the Project Con- cern/Phone-A-Friend, Inc. be and the same is hereby approved, Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque. Passed, approved and adopted tlris 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcicb, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. Communication of Patti Carr questing the forwarding of a letter to the Iowa DOT regarding soundwalls for the Concord to Fremont areas, presented and read. Council Member Pratt moved that the communication be recevied and fi]ed and referred to the Public Works Dept. to prepare. Seconded by Council Member Deich. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. Communication of City Manager recommending acceptance of Northwest Arterial, Stage III, Supplemental Grading Contract project, presented and read. Council Member Vcetberg moved that the communication be received and fried. Seconded by Cotmcil Member Deich. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- her, Pratt, Simon, Voetberg. Nays-- None. Absent--Council Member Heck- RESOLUTION NO. 218-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the NORTHWEST ARTERIAL STAGE III FROM ASBURY ROAD TO JOHN F. KENNEDY ROAD, GRADING & DRAINAGE -- SUPPLEMENTAL CONTRACT has been completed and the City Manager has examined the work and filed his certificate stating that the 278 Regular Session June 5, 1989 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 dh-ected to pay to the contractor from the GENERAL OBLIGATION BONDS in amount equal to the amount of bis con- tract, less any retained percentage pro- vided for therein. Passed, approved and adopted this 5th day of June, 1989, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent-- Council Member Heckmann. RESOLUTION NO, 219-89 FINAL ESTIMATE WHEREAS, the contract for the NORTHWEST ARTERIAL STAGE III FROM ASBURY ROAD TO JOHN F. KENNEDY ROAD, GRADING & DRAINAGE -- SUPPLEMENTAL CONTRACT has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- aludiug the cost of estimates, notices and inspection and ail miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $37,937.80 and the said amount shall be paid from the GENERAL OBLIGA- TION BONDS of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Memher Voetherg moved adoption of the Resolution. Seconded by Council Member Doich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent-- Council Member Heckmann. Communication of City Manager recommending acceptance of repairing and painting of the 750 MG elevated water storage tank on College St., ~resented and read. Council Member Voetherg moved that the commtmication be received and filed. Seconded by Council Member Dcich. Car- fled by the following vote: Yeas--Mayor Brady, Council Members Daich, Kines- her, Pratt, Simon, Voetherg. Nays-- None. Absent--Council Member Heck- RESOLUTION NO. 220-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the CLEANING, REPAIRING & PAINT- ING OF THE 750 MG ELEVATED WATER STORAGE TANK -- COL- LEGE STREET, DUBUQUE, IOWA has been completed and the City Man- ager has exmnined 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 it acceptance. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the CiW 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 WATER CONSTRUCTION FUND in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor Regular Session ATTEST: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. RESOLUTION NO. 221-89 FINAL ESTIMATE WHEREAS, the contract for the CLEANING, REPAIRING & PAINT- ING OF THE 750 MG ELEVATED WATER STORAGE TANK -- COL- LEGE STREET, DUBUQUE, IOWA has been completed and the City Engi- neer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and ail miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $372,795.00 and the said amount shall he paid from the WATER CONSTRUC- TION FUND of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. Communication of City Manager recommending acceptance of ventilation system at the Keyline Transit Facility, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Dalch. Carried by the fallowing vote: Yeas-- Mayor Brady, Council Members Delch, June 5, 1989 279 Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. RESOLUTION NO, 222-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the VENTILATION SYSTEM FOR KEYLINE TRANSIT FACILITY has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor fi'om the TRANSIT CONSTRUCTION FUND in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent --Council Member Heckmann. RESOLUTION NO. 223-89 FINAL ESTIMATE WHEREAS, the contract for the VENTILATION SYSTEM FOR KEY- LINE TRANSIT FACILITY has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estl- mates, notices and inspection and aH miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF 280 Regular Session, June 5, 1989 THE CITY OF DUBUQUE, IOWA: forms to statutes and ordinances relating Section 1. That the cost of said kn- provement is hereby determined to be $189,606.00 and the said amount shall be paid from the TRANSIT CONSTRUC- TION FUND o£ the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delck, Kluesner, rratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmann. Communication of Corporation Counsel advising of settlen~ent regarding Birch Acres Condemnation (TsebJggfrie) AND Commuincatinn of Planning and Zoning Commission advising of their ap- proval for two final plats for Birch Acres. presented ~nd read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Deich. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. RESOLUTION NO. 224~9 A RESOLUTION APPROVING THE FINAL pLAT OF LOT 1-1-1-15, BLOCK 1, BIRCH ACRES AND LOT 1-2-1-1-1-1-1 BIRCH ACRES, IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lot 1-1-1-15, Block 1, Bi~h Acres and Lot 1-2-1-1-1-1-1 Birch Acres in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Co~nmisaion and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and the City Council finds that the same con- thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF ',ITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lot Block 1, Birch Acres and Lot ~-2-1-1-1-1-1, Birch Acres in the City of Dubuque, Iowa be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 5th day of June. 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent --Council Member Heckmann. RESOLUTION NO. 225-89 FINAL PLAT OF LOTS &6, BLOCK 5, LOTS 11-14, BLOCK 7, LOTS 20-27, BLOCK 8 IN BIRCH ACRES IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk, a final plat of Lots 4-6, Block 5, Lots 11-14, Block 7, Lots 20-27, in Birch Acres in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear streets to be known as Carriage Hill Drive, Brookview Square and Rockwood Court, together with certain public utih- ty easements which the owner by said plat has dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval eh- dorsed tbereon; WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto. Regular Session, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF D~BUQUE, IOWA: Section 1. That the dedication of Car- riage Hill Drive, Brookview Square and Rockwood Com't, together with the easements for public utilities as the same appear upon said final plat, be and the same is hereby accepted. Section 2. That the final plat of Lots 4-6, Block 5, Lots 11-14, Block 7 and Lots 20-27, Block 8 in Birch Acres in the City of Dubuque, Iowa be and tim same is hereby approved and ti~e 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 their written acceptance hereto attached agreeing: a. To reduce Carriage Hill Drive, Brookview Square and Rockwoed Court to grade and to construct concrete curb and gutter and to hard surface with bituminous concrete, or with concrete paving with integral curb, ail in accor- dance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the final plat; c. To dedicate to the public the two sanitary sewer easements located within Lot 1-1-1-1-1-1 of Birch Acres; and to con- struct, dedicate to the public, and main- tain for a period of two years from the date of acceptance by the City of Du- buque, Iowa, the sanitary sewer located in Lot 1-1-1-1-1-1 of Birch Acres in accor- dance with plans submitted with this plat; d. To install water mains m~d water service laterals in accordance with plans submitted witi~ the plat; e. To install storm sewers and catch basins in accordance with plans submit- ted with the plats. f. To install concrete sidewalks as re- quired by orfilnances and where directed by the City Engineer and ti~e City Manager; g. To h~stall boulevard street lJghtkng in accordance with City specifications; h. To constr~ct the foregoing im- provements in accordance with plans and June 5, 1989 281 specifications approved by the City Manager, under the inspection of the City Engineer and in a manner approved by the City Manager; i. To construct said improvements, except sidewalks, prior to one year from the date of acceptance of the resolution; j. To maintain the foregoing im- provements for a period of two years from the date of their acceptance by the City of Dubuque, Iowa; k, To provide the foregoing construc- tion and maintenance at the sole expense of the subdivider, as o~m~er; and further provided that said Tshcigg- fi'lc Excavating Co. of said subdivision, secure tbe performance of the foregoing conditions by providing security in such a form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Tschiggftie Excavating Co. shall fail to execute the acceptance and furnish the surety provid- ed in Section 2 hereof witlfin 45 days after the date of this resolution the pro- vision bereof shall be null and void and the acceptance of the dedication and ap- provai of the plat shall not be effective. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 225-89 I, the undersigned, Edward Tschlgg- frie, President, and Joan Tschiggfrie. Secretary, having read the terms and conditions of Resolution No. 225-89 and being famifiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa, this 15th day of June, 1989. Tschiggfrle Excavating Co. By: s/Edward D. Tschiggfrle President s/Joan C. Tschlggfrle Secretary TC: Mary A. Davis City Clerk 282 This is to certify that the security re- quired by the foregoing Resolution No. 225-89 has been furnished by the Onwers. Dated at Dubuque, Iowa tiffs 15th day of June, 1989. s/W. Kenneth Gearhart City Manager Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Heckmaun, Communication of City Manager re- questing approval to execute an applica- tion to participate in the Iowa Rental Rehabilitation Program, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Deich. Car- fled by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Heckmann. RESOLUTION NO. 226-89 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE IOWA RENTAL REHABILITATION PROGRAM. WHEREAS, the City of Dubuque recognizes a continuing need to assist rental property owners in improving their properties occupied by lower-income families; and WHEREAS, the City recognizes the benefit of such assistance, in the form of neighborhood impact and increased tax- base; and WItEREAS, the City has successful- ly administered State and Federally fund- ed Rental Rehabilitation Programs, total- ing $638,000 in grant funds and matched by $1,135,209 in private ralnvestment, since 1984. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is author- ized and directed to execute an applica- Regular Session, June 5, 1989 tion to the Iowa Department of Economic Development for participation in the Rental Rehabilitation Program. Section 2. That the City of Dubuque Housing Commission is hereby directed to conduct the necessary public hearing regarding this application as soon as possible in accord~mce with requirements of Chapter 403.A.28 of the Code of Iowa, ~nd to review and/or approve or suggest modifications of the plans for program design and administration of this pro- posed program. Section 3. That the City Manager is hereby authorized and directed to for- ward said application and resulting stan- nard executed contract to the respective agencies in a timely fashion and as re- quired by the Iowa Department of Economic Development. Passed, approved and adopted this 5th day of June, 1989. James E. Brady Mayor kTTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent- Council Member Heckmann, There being no further business, Coun- cil Member Voetberg moved to adjourn the meeting. Seconded by Council Mem- ber Kfuesner. Carried by tlie following vote: Yeas~Mayor Brady, Council Mem- bers Kluesner, Pratt, Simon, Voetberg. Nays--Council Member Deich. Absent-- Council Member Heckmann. Meeting adjourned -- 10:52 p.m. Mary A. Davis City Clerk Approved __ 1989 Adopted ~ -- 1989 Mayor Regular Session, June 5, 1989 City Council ATTEST: City Clerk 283 284 ~ession, June 19, 1989 CITY COUNCIL OFFICIAL Regular Session, June 19, 1989 Council Met at 7:30 P.M., Public Library Auditorium. present--Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Simon, Vet[berg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl, Mayor Brady read the cell and stated this is the REGULAR SESSION of the City Council called for tbe purpose to set upon such business which may proper, ly come before the Council. Invocation was given by Rev. Dave 8toekeland, Pastor of Dubuque Com- munity Church. PROCLAMATIONS: Sunday, June 25, 1989 as "Auleen Eberhardt Day" received by Kerin Moldenhauen Verbel Report from Sister City Com~nittee on recent trip to Pyatigorsk by Bob Wild. Mayor Brady swore in Council Mem- ber Doneld Deich as Mayor Pro-qbm. Introduction of Utilities Director, Craig Olson was mede by City Manager Gearhart. proof of publleation, certified te by the Publisher, on Notice of Public Hearing to consider release of a permanent ease- ment for driveway purposes in property which is known as Century Drive and Century Circle, presented and read. Council Member Kinesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council Member Kluesner moved to suspend the rules to allow anyone pre- sent to address the Council if they should so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Heckmaan, Kinesner, Pratt, Simon, Vet[berg. Nays--None. RESOLUTION NO. 227-89 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, posted in the qblegraph Herald, a newspaper of general circula- tion, published on June 9, 1989, in the City of Dubuque, Iowa; the City Coun- cil of the City of Dubuque, Iowa, met on the 19th day of June, i989, at Dubuque, Iowa to consider the release of a 16 foot wide, or wider, permanent easement for driveway purposes, over and across Lot of 1 of the NW % of the NE ¼ of Sec- tion 28, T 89, R2E, of the 5th EM., filed on October 13, 1953 in the office of the Recorder of Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa deems it in the best interest of the public that said Release be granted and that said ease- ment be abandoned to the proprieton NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposel to release a 16 foot wide, or wide~; permanent ease- ment for driveway purposes, over and Lot 1 of Lot 1 of the NW V4 of the NE % of Section 28, T 89, R2E, of the 5th RM. in the City of Dubuque, Iowa, as hereinabove set out, and the release of said easement to the proprietor, be and the same is hereby approved. Sec[inn 2. That the Mayor and City Clerk be and they are bereby empowered to execute any documents necessary to the releasing of said easement, including P, esointion, and the Mayor and City Clerk are hereby empowered to certify this Resolution. Sec[ion 3. That the City Clerk be and is hereby directed to file a certified copy of this Resdiation in the offices of the Dubuque County Recorder, Auditor and Passed, approved and adopted this 19th day of June, 1989. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Regular Session Proof of publication, certified to by the Pubhshen on Notice of Hearing on Plans and Specs for construction of the Madi- son St. steps AND Petition submitted by Dennis Naughton containing 47 signatures requesting Council defer this matter te the Historic Preservafion Cmnmission for their input and recom- mendatiom presented and read, Council Member Pratt moved that the proof and petition be received and filed. Seconded by Council Member Daich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voc[berg. Nays--None. Council Member Pratt further moved to recess the public hearing on this mat- ter and refer it to the Histeric Preserva- tion Commission to investigate elternate structures and report back to the Council. Seconded by Council Member Deich. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication,' cer tilled to by the Publisber, on Notice of Hearing on Plans and Specs for the rehabilitation of 2.4 million gallon MMG Asbury Storage Tank, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Khiesner moved timt the proof of publication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Heekmann, Kluesner, Pratt, Simon, Voetberg. Nays--None, RESOLUTION NO. 228-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 26th day of April, 1989, plans, specifieatinns, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the REHABILITATION OF 2.4 MILLION GALLON MMG ASBURY STORAGE TANK. WHEREAS, notice of kearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. June 19, 1989 285 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 19th day of June, 1989. Jmnes E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Ma}or Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg, Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for the construction or rehabilitation of 2.4 million gellon MMG Asbury Sterage Tank AND Communica- tion of City Manager recommending to award contract for project, presented and read. Council Member Kluesner moved that the proof and commudication be received ind filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 229-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Rehabilitatinn of 2.4 MMG Asbury Storage 'Ihnk pursuant to Resolution No, 163-89 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th & 19th day of May, 1989. WHEREAS, said sealed proposals wm, e opened and read on the 6th day of June, 1989 and it has been determined that the bid of Odland Protective Coatings, Inc. of Minneapolis, Min- nesota in the mnount of $188,427.00 was 286 Regular Session, June 19, 1989 the lowest bid for the furnishings of ail 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 Odiand Protec- tive Coatings, In~ and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th day of June, 1989. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Heckmlmn. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. PUBLIC HEARING -- Deferred from meeting of 6/5/89 regarding rezon- lng of properties at 2400 block of Cen- tral Ave: Petition of Vincent Brannon ad- vising of their interest not to change tbe zoning reclassification with certain restrictions as to expending their business location at Brannon Monument Ca AND Communication of City Man- ager subxrdtting additional information regarding rezoning request, presented and read. Council Member Kluesner moved that the petition and communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Council Member DC~ch. An ORDINANCE Amending Zoning Ordinance by reclassifying properties at 2420, 2422, 2438, 2442 and 2448 Central Ave. from Te2A Alternate q~vo Family Residential District to C-4 Downtown Commemial District, presented m~d read. Council Member Kluesner moved that they concur with the denial of Planning and Zoning. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Coundl Member Deich. Public hearing on maximum front yard setback of 50 feet for single and two family residential structures (recessed at meeting of 6-5-89), presented and read. Council Member Kluesner moved that the public hearing be reinstated. Se- conded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Petition of M ark tuxd Julie Menders re- questing favorable approval on proposed Ordinance; Communication of City Manager recommending amendment for maximum front yard setback be adopted as proposed by the Planning and Zorfing Commission, presented and read. Mark Menders spoke to the petition. Council Member Khiesner moved that the petition and communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Kluesner, Pratt, Simon, Voetberg. Nays--Council Member Heckmann. Abstain--Council Member Deich. ~)RDINANCE NO. 31-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDI- NANCE OF THE CITY OF DU- BUQUE, IOWA, BY DELETING SEC- TION 4-9 AND ENACTING A NEW SECTION 2-7.3 TO ALLOW FOR A MAXIMUM FRONT YARD SET- BACK OF 50 FEET FOR SINGLE AND TWO-FAMILY RESIDENTIAL STRUCTURES WITHIN R-l, R-2, R-2A and R-3 ZONING DISTRICTS, Regular Session June 19, 1989 287 said Ordinance having been presented and read at the Council Meetings of May 15 and June 5, now presented for final action, (OFFICIAL PUBLICATION) ORDINANCE NO. 31-89 AN ORDINANCE OF THE CITY OF DUBUQUE IOWA, PROVIDING TttAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- PENDIX A THEREOF, ALSO KNOWN AS THE ZONING OR- DINANCE OF THE CITY OF DU- BUQUE, IOWA BY DELETING SEC- TION 4-9 AND ENACTING A NEW SECTION 2-7.3 TO ALLOW FOR A MAXIMUM FRONT YARD SET- BACK OF 50 FEET FOR SINGLE- AND TWO-FAMILY RESIDENTIAL STRUCTURES WITHIN R-i, R-2, R-2A and R-3 ZONING DISTRICTS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by repealing "Section 4-9 Maximum Front Yard Setback Established for Residential Distriete" and enacting a new "Section 2-7.3 Maximum Setback Required" thereof as follows: 2-7 Yards Required "2-7;3 Maximum Setback Required For any sing]e-family detached and two-family residential struc- ture within R-l, R-2, R-2A and P~3 Zoning Districts; Al In no case shall a front yard setback greater than fifty (50) feet be allowed". Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of June, 1989, James E. Brady Mayor ATTES~ Mary, A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of June, 1989. Mary A. Davis City Clerk It 6/22 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Pratt, Simon, Voetberg. Nays--Council Mem- ber Heckmann. Abstain-~Councll Mem- ber Deich. Communication of City Manager sub- mitting documents providing for con- struction and bidding process for seal- ing the concrete surfaces of the Oxygen Aeration Basins at the Wastewater Treatment Plant, presented and read. Council Member Heckmann moved that the communicatlon be reaeived 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. 230-89 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the SEALING THE CON- CRETE SURFACES OF THE OX- YGEN AERATION BASINS OF THE WASTEWATER TREATMENT PLANT, in the estimated amount of $76,000.00, are hereby approved and ordered filed in the office of tbe City Clerk for public inspection. Passed, approved and adopted this 19th day of June, 1989. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution, Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, 288 Regular Session June 19, 1989 Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 231-89 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 con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion of the SEALING THE CON- CRETE SURFACES OF THE OX- YGEN AERATION BASINS OF THE WASTEWATER TREATMENT PLAWE NOW, THEREFORE, BE IT RE- SOLVED, that on the 17TH DAY OF JULY, 1989, a public hearing will be held at 7:30 p.m. in the PUBLIC LIBRARY AUDIqY)RIUM at which time interested persons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of thne and place of such hearing to be published in a newspaper ha~ing general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed roi' its consideration. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or esthnated cost of the improvement. Passed, approved and adopted this 19th day of June, 1989. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmmm, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 232-89 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the SEALING THE CON- CRETE SURFACES OF TtIE OX- YGEN AERATION BASINS OF TIlE WASTEWATER TREATMENT PLANT is hereby ordered to be adver- tised for bids for construction. BE IT FURTHER RESOLVED, that the the amount of the security to accom- pany each bid shall be in an mnount which shall cordorm 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 herain 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 7TH DAY OF JULY, 1989. Bids shall be opened and read by the City Clerk at said tinm and will be submitted to the Council for final action at 7:30 p.nl. on the 17TH DAY OF JULY, 1989. Passed, approved and adopted this 19th day of June, 1989. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Iteckmann moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follo~ving vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Petition of Dubuque Racing Associa- tion requesting Council's endorsement of the Association's efforts to secure a Riverboat Gmnbling licenses from the Iowa State Racing m~d Gaming Commis- sion and suppm't referendum on 8-15-89, presented and read. Council Member Pratt moved that the petition be received and filed and responded favorably to request and staff prepare resolution for next meeting. Seconded by Council Member Deich. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Regular Session Communication of City Manager per- raining to demolition pern~t for 1198 Main St. (Old Strand Theater) which is in a "Demolition District'; and requires Com~ail's approval for pernfit to be issued, presented and read. Council Member Kluesner moved that the comm~mlcation be received and filed and approved demolition permit. Se- conded by Council Member Daich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Conunuulcation of City Manager sub- mitring resolution authorizing submis- sion of UMTA Section 3 Capital Assis- tance application for the remanufactor- lng of six Keyline buses, presented and read. Council Member Pratt moved that tile communication be received and filed. Seconded by Council Member Daich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Nofie. RESOLUTION NO. 233-89 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Trans- portation is authorized to make grants for a mass transportation program of projects; WHEREAS, the contract for financial assistance will impose certain obliga- tions upon the applicant, including the provision by it of the logical share of the project costs in the program; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connec- tion with,the filing of an application for assistance under the Urban Mass Trans- portation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of June 19, 1989 289 Transportation requirements thereunder; and WHEREAS, it is the goal of the ap- plicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects~ and that definitive procedures shall be ~stoblished and administered to ensure that minority business shall have the naximum construction contract, sup- ~lies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file applications on behalf of the City of Dubuque with the U.S. Department of Transportation to aid in financing the remamffacturing of six 35~ buses pur- suant to Section 3 of the Urban Mass Transportation Act of 1964, as amended. Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effec- tuating the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That the Transit Manager is authorized to furnish such additional infm-mation as the U.S. Department of Transportation may require in connec- tion with the application for the program of projects. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority busi- ness policies in connection with the pro- gram of projects procurement needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute grant agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financ- ing of the operating and capital assis- tance program of projects. The underaigned duly qualified and ac- ting Mayor of the City of Dubuque cer- tifies that the foregoing is a true and cor- rect copy of a resolution, adopted at a legally convened meeting of the City Council of the City of Dubuque, Iowa held on June 19, 1989. 290 Regular Session, J__une 19, 1989 Passed, approved and adopted this ATTES~ 19th day of June, 1989. Mary A. Davis James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitring a resolution amending Schedule of Assessments for Gillespie Street Sanitary Sewer Project to include William Stierman, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pcatt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deice Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 234.89 WHEREAS, the City Council of the City of Dubuque, Iowa adopted Resolu- tion No. 30-89 approving the schedule of proposed assessments for Gillespie Street sanitary sewer; and WHEREAS, William J. Stierman has petitioned the City Council pursuant to Iowa Code Section 384.41 to be includ- ed in the schedule of proposed assess- ments. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the petition of William J. Stierman dated April 5, 1989 is hereby approved. Section 2. That Resolution No. 30-89 is hereby amended, and that the attach- ed sheet is hereby determined to be the amended schedule of proposed assess- ments for the construction oI Gillespie Street sanitary sewer and the valuations set out herein ave hereby approved. Passed, approved and adopted this 19th day of June, 1989. James E. Brady Mayor City Clerk )ouncil Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by ti~e following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitring Ordinance relating to a stop sign change which is needed on Reckdale Road as a result of the construction of U.S. 61 ti~rough the City, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 32-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AD- DING ROCKDALE ROAD TO SUB- SECTION (b) OF SECTION 25-210 THEREOF PROVIDING FOR THE DESIGNATION OF STOP SIGNS AT THE INTERSECTION OF ROCK- DALE ROAD AND THE WEST RAMP OF KERRIGAN ROAD, pre- ~ented and read. (OFFICIAL PUBLICAT~ION) ORDINANCE NO. 32-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY AD- DING ROCKDALE ROAD TO SUB- SECTION (b) OF SECTION 25-210 THEREOF PROVIDING FOR THE DESIGNATION OF STOP SIGNS AT THE INTERSECTION OF ROCK- DALE ROAD AND THE WEST RAMP OF KERRIGAN ROAD. NOW, THEREFORE, BE IT OP~ DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cod~e of Ordinances of the City of Dubquue, Iowa~ be mnend- ed by deleting Rockdale Road from Subsection (b) of Section 25-212 thereof as fofiows: Regular Session, June 19, 1989 291 "Sec. 25-212. Yield intersections. (b) NORTHBOUND VEHICLES Rockdale Road and the west ramp of Kerrigan Road. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- cd by adding Reckdale Road to Subsec- tion (b) of Section 25-210 thereof as follows: "Sec. 25-210. Stop Intersections. (b) NORTHBOUND Rockdale Road and the west ramp of Kerrigan Road. Passed, approved and adopted this 19th day of June, 1989. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Publisbed officially in the Telegraph Herald newspaper this 23rd day of June, 1989. Mary A. Davis City Clerk It 6/23 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 wtrich it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner. Pratt, Simon, Voetberg. Nays--None. Communication of John O'Connor, representing a joint venture group con- sisting of Bob Kelfl and certain members of the Gantz family, requesting current negotiations for a downtown hotel be ter- minated and a Request for Proposal (RFP) be issued for purpose to allow new developers to submit proposals for con- sideration, presented and read. Council Member Pratt moved that the comn~unication 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. Communication of City Manager recoxnmending the process of working with the Brutger Hospitality Group for a downtown hotel be ended and that the City Manager be authorized and directed to prepare and bring back for Council's action those documents necessary to for- mally end the process with Brutger and again begin the RFP process for a down- town hotel, presented and read. Council Member Pratt moved that the communication be received and filed and concurred with the recommendation. 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 sub- mitring additional information pertain- lng to "on -- premises" sign regulations AND Communication of Freeway Plan- ning Conualttee submitting recommen- dation regarding signage in the Freeway Corridor, presented and read. Council Member Pratt moved that the communications 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. ORDINANCE NO. 33-89 AN ORDINANCE AMENDING AP- PENDIX A (ORDINANCE NO. 13-85) OF THE CITY OF DUBUQUE, CODE OF ORDINANCES, BY REPEALING SECTIONS 4-3.1 THROUGH 4-3.10 RELATING ~iX) ON-PREMISE SIGN REGULATIONS AND ADOPTING IN LIEU THEREOF NEW SECTION 4-3.1 THROUGH 4-3.10 RELATING TO ON-PREMISE SIGN REGULA- TIONS, AND BY REPEALING SEC- TION 4-3.11, SCHEDULE OF SIGN REGULATIONS, AND ADOPTING IN LIEU THEREOF A NEW SEC- TION 4-3.11, SCHEDULE OF SIGN REGULATIONS, presented and read. 292 Session, June 19, 1989 (OFFICIAL PUBLICATION) ORDINANCE NO. 33-89 AN ORDINANCE AMENDING AP- PENDIX A (ORDINANCE NO. 13-85) OF THE CITY OF DUBUQUE, CODE OF ORDINANCES BY REPEALING SECTIONS 4-3.1 THROUGH 4-3.10 RELATING TO ON-PREMISE SIGN REGULATIONS AND ADOPTING IN LIEU THEREOF NEW SECTION 4-3.1 THROUGH 4-3.10 RELATING TO ON-PREMISE SIGN REGULA- TIONS, AND BY REPEALING SEC- TION 4-3.11, SCHEDULE OF SIGN REGULATIONS, AND ADOPTING IN LIEU THEREOF A NEW SEC- TION 4-3.11, SCHEDULE OF SIGN REGULATIONS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-3.1 tixrangh Sec- tion 4-3.10 of Appendix A (Ordinance No. 13-85) of the City of Dubuque, Code of Ordinances are hereby repealed, and in lieu thereof new Section 4-3.1 through Section 4-3.10, as set forth on Attach- ment B, are hereby adopted. Section 2. Section 4-3.11, Schedule of Sign Regulations, of Appendix A (Or- dinance No. 13-85) of the City of Du- buque, Code of Ordinances is hereby an~ended by repealing such Section and in lleu thereof new Section 4-3.11. Schedule of Sign Regulations, as set forth on Attachment B, is hereby adopted. Section 3. That the foregoing amend- ment has heretofore been reviewed by the Planning and Zoning Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediataly upon its publication as provided by law. Passed, approved and adopted this 19th day of June, 1989. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the Telegraph Herald this 30th day of June, 1989. Mary A. Davis City Clerk It 6/30 ATTACHMENT A 4-3 Sign Regulations 4-3.1 General Statement of Intent The provisions of this Section set forth the comprehensive regulations, condi- tions and limitations under which signs may be permitted in the City of Du- buqu~ It is intended: 1) To permit and regulate signs in the least burdensome way that will carry out the purposes of these regulations and to support and complement land use objectives set forth in the Comprehensive Plan and the Zoning Ordinance. 2) To assure compatibility of signs with surrounding land uses and preserve property values of sur- rounding properties. 3) To allow sign users to communi- cate their products, services and facilities ~ patrons, customers and visitors. 4) To ensure that signs are designed, constructed and installed to not compromise public safety by ira- pairing vision or confusing motor- ists and pedestrians. 5) To prevent visual clutter caused by the proliferation of siguage that may reduce the effectiveness of in- dividual signs. 6) To preserve views of special and unique natural and architectural features and historic landmarks. 4-3.2 Definitions 1) Abandoned Sign. A sign which no longer identifies or advertises a business, lessor, service, owner, product, or activity at that premise or a sign for which no legal owner can be found. 2) Animated Sign. A sign which uses movement or change of light to depict action or to create a special effect or scene. An animated sign does not include time, temperature or message ceq~er signs. 3) Area. (See Section 4-3.10 of this ordinance) 4) Awning Sign. A sign incorporated into or attached to au awning./See also canopy.) Regular Session, June 19, 1989 293 5) Banner Sign, A sign made of fabric or any non-rigid material with no enaloslng franmwork. 6) Bigboard. (See "Off-Premise Sign") 7) Building Complex. Two or more bnild/ngs on the same lot or pre- mise sharing common access and parking facilities. 8) Building Sign. A sign affixed to and wholly supported by an exterior wall of a building or structure. 9) Business/Identification Sign. An On-Premise sign which identifies a business, office or organization hicated or housed at the premise and the services and products of- fered at the premises. 10) Canopy or Arcade Sign. A watl mounted sign attached to or con- structed on the face of a permm~ent customarily used for pedestrian circulation. 11) Changeable Copy Sign. A sign of which copy is changed manually and physically in the field, such as a reader board with changeable let- ters or changeable pictures. A changeable copy sign does not in- 12) Commemorative Sign. A perma- nent sigm or achitectural feature, fixed to or made an integral part of the structure, indicating the name of the structure, its address, date of construction, or other infor- marion of commemorative or his- torical significance. 13) Conditional Use Sign. A sign type requiring approval by the Zoning Board of Adjustinent as a condi- tional use permit. 14) Construction Sign. A temporary sign identifying an architect, con- supplier or others participating in the construction on the property on which the sign is located. 15) Direct Lighting. Ilhimination by 16) Directional/Informational Sign. An on-premise sign identifying a pre- raise, or an activity conducted upon such premises, and providing direction for the safe and efficient flow of vehicular or pedestrian traf- fic to such activity or premises. Directional signs shall include signs mm'king entrances, exits, parking areas, loading areas or other operational features of the premise. 17) Directory Sign. An On-Premise sign identifying an activity, opera- tional feature, or business name upon such premise. Directory signs shall include building names, of- fices, or activities in stone size let- ters, colors and general design and shall be limited to one sign per street entrance, 18) Discontinued Sigu. (See "Aban- doned Sign") 19) Double-Faced Sign. A sign with two faces or panels, neither of which is visible at the same time and are directly back to back as op- posed to a wshaped sign, 20) Externally Illuminated Sign. A sign whose illumination is derived entirely from an external artificial 21) Facade. The entire building front, including the parapet. 22) Flashing Sign. Any directly or in- directly ilin~ninated sign which is illuminated by an intermittent flashing light source. A flashing sign does not include time, rem- perature or message center signs. 23) Free Standing Sign. A sign sup- ported upon the ground by poles or braces and not attached to any building. A free standing sign is also a ground-mounted and/or pylon sigu. 24) Frontage. The length of the proper- ty line of any one premise along a public right-of-way on which it borders. A building or building complex which lacks frontage on a public right-of-way or buildings located on a private street have "Internal Frontage". (See diagram) 25) Goven~ment Sign. Any temporary or permanent sign erected and maintained by the City, County, State, or Federal government for traffic direction or for designation 294 Regular Session June 19, 1989 of or direction to any school, hos- pit al, historic site, or public service, property, or facility. 26) Grmmd Sign/Monument Sign. A structure, built on grade, that forms an integral part of the sign or its background. (See diagram) 27) Height (of a Sign). The vertical distance measured from the highest point of the sign, excluding embsilishmente of not more than five feet (5'1 in height above the sign, to the average ground grade beneath the sign, 28) Identification Sign. (See Business Identification Sign.) 29) Illegal Sign. A sign wlfich dces not meet the requirements of fl~is code and which has not received legal nonconforming status. 30) Indirect Lighting. Illumination by means of a concealed light source, whereby all incandescent or flores- cent devices are shielded from view by opaque or translucent ~nater- ials, and including reflected lighthig. 81/ Inflatable Sign. Any sign design- ed or constructed with the ability to be mechanically filled with air or gas. 82) Internally llteminatad Sign. Il- lumination by means of a light source completely enclosed by the sign panel(s). 33) Maintenance. The cleaning, pain- ting, repair, or replacement of defective parts of a sign in a man- ncr that does not alter the basic copy, design, or structure of the sign. 34) Message Center Sign. Electronical- ly or computer controlled reader board where different non-ani- mated copy changes are shown on a hunp bank or other electronic displays. 35) Multiple Faced Sign. Signs con- taining more than two (2) faces or panels. (See diagram) 86) Name Plate. A nonelectric 0n- Premise identification s~gn giving only the name, address, and/or oc- cupation of an occupant or group of occupants. (See diagrmn) 37) Mobile/Vehicle Signs. A sign mounted on vehicle or trailer, not permanently attached to a pole, building or other structure. 38) Nonconforming Sign. A sign wldeh was erected legally, but which does not comply with subsequently enacted sign restrictions and reg- ulatigns. 89) Off-P~endse Sign. A sign structure advertising an establlstnnent, mer- chandise, service, or entertainment whicb is not sold, produced, ~nanu- facturad, or furnished at the pro- perty on winch said sign is located and/or the ideologfcal or non- commercial views of a party who is not an occupant of the premises. Off-Premise signs may be "Bill- boards", "Outdoor Advertising", or "Off-Site Sign". 40) On-Premise Sign. A sign which pertains to the use of the premises on which it is located and main- tained and/or the ideological or non-commercial views of an occu- pant of the premises. 41) Painted Wall Sign. A sign which is applied with paint or similar substances on the face of a wall and is considered to be a wall mounted sign for calculation purposes. 42) Parapet. That part of any wall en- tirely above the roof line. 43) Political Sign. A temporary sign used in connection with a local, state, or national election or referendhm. 44) Portable Sign. Any sign designed to be moved easily and not per- manent~y affixed to the ground or to a structure or building. 45) Projecting Sign. A sign other than a flat wall sign, which is attached to and projects from a building wall or other structure not specl- fically designed to support the sign and is not parallel to the structure to which it is attoch~d. (See dia- gram) 46) Public Service Information Sign. Any permanent sign intended ex- clusively to promote items of gen- eral interest to the community. Regular Session 47) Real Estate Sign. A temporary sign advertising real estate upon which the sign is located as being for rent, lease, or sale. 48) Roof Line. The top edge of the roof or building parapet, whicb ever is higher, excluding any cupolas, pylons, chimneys, or minor pro- jections. 49) Roof Sign. Any sign erected upon or above a roof or parapet wall of the building in which it is wholly or partially supported by such building. 50) Rotating Sign. Any sign or device which has any visible ~noving part, visible revolving part, or visible mechanical movement. Such mo- tion does not refer to methods of changing copy. 51) Setbacks. The minimum horizon- tal distance between a property line and the nearest portion of a structure to such property line. 52) Sign. Any device, structure, fix- tore, or placard using graphics, symbols, and/or written copy de- signed specifically for the purpose of advertising or identifying any et ablishment, product, goods, ser- vices, activities or uses. 53) Spec/al Event Sign. A temporary sign advertising or pertaining to any civic, patriotic or special event of general public interest. 54) Street Banner Sign. Any banner sign which is stretched across aml hung over a public right-of-way. 55) Subdivision Identification Sign. A free-standing or wall sign identify- ing a recognized subdivision, con- deminium complex, or residential development. 56) Time and Temperature Sign. An electrically controlled sign which contains only public service, time, temperature, and/or date informa- tion displayed on a lamp bank or other electronic display. 57) Temporary Sign. A sign not con- structad or intended forlong-term use. 58) Under-Canopy Sign. A directional sign attached beneath a canopy, ceiling, roof, or marquee. June 19, 1989 295 59) V-Shaped Sign. A sign with two (2) faces or panels not supported by one common structural member and which faces are not back to back such as a deuble-faced sign. 60) Wall Sign. A sign attached parallel to and extending not more than eighteen inches (18") from the wall of a building. This definition in- cludes painted, individual lettered, and cabinet signs, and signs on a mansard. (See diagram) 61) Window Sign. A sign installed in- side a window and intended to be viewed froin the outside, behind the glass or other transparent material. 4-3.3 Signs Prohibited The following signs shall be expressly prohibited in all zoning districts, any con- trary provisions or implications of this ordinance notwithstanding: a) Any sign which infringes upon the area of visibility required on a cor- ner lot pursuant to Section 4-4.6(5) of this ordinance. b) Any sign which contains the words "Danger" or "Stop", or otherwise presents or implies the need or re- qalrement of stepping or caution, or which is an hnitation of, or is likely to be confused with, any sign cus- tomarily displayed by a public authority. c) Any sign or lighting which casts direct light or glare upon any pro- perty in a residential or office residential district. d) Any portable sign, including any sign displayed on a stored vehicle, except for a display of temporary political signs as provided in Section 4-3.5. e) Any sign which obstructs the reasonable visibility of a sign main- tainad by a public authority, or which otherwise distracts attention fi'om such sign. f) Any sign or sign structure involv- ing the use of motion pictures. h) Any sign attached to public or private utility poles, signs or other appurtenances, inchiding trees, located in the public right-of-way. 296 Regular Session June 19, 1989 i) Roaf signs as defined in Section 4-3.2 of this Ordinance. j) Auy flashing signs as defined in Sec- tion 4-3.2 of this Ordinance. 4-3.4 Permits Required Unless otherwise provided by this Or- dinance, all signs shall require permits and payments of fees as estabfished through Building Services Division. · 3.5 Exempted Signs The fofiowing types of signs are exemp- ted from the requirements of this Or- dinance: a) Holiday or special events decora- ions. b) Name plates of two (2) square feet or less provided that in residential districts or on residential structures on- ly name and address may comprise the nmneplate. c) Political signs displayed not more than four (4) weeks prior to the govern- mental election to which they apply, and removed within ten days of such election. d) Government signs or notices, public service information signs, or any sign relating to an emergency. e) Real estate signs on residential pro- perty provided they are not over twelve (12) square feet in area and not over six (6) feet in lisight. Real estate signs adver- tising commercial, agricultural or in- dustrial property or subdivisions of multiple lots shall not be over thirty-two (32) square feet in area and twelve (12) feet in hsight. Such signs shall not be placed in any public right-ofiway or in visibility triangles as defined in Section 4-4.6(5) corner lots. i~ Window signs (interior only), provid- ed that required light is not reduced beyond the limite established in the Building Code. g) Conmaemorative signs. h) Construction sig~s. i) Official flags of nations, states or political subdivisions thereof. 4-3.6 Discounted or Abandoned Signs Signs which are not properly malntsin- ed as determined by the Building Official or which advertise a use which has been abandoned or discontinued almll be re- moved by the property owner within 90 days after abandonment of the principal use or may thereafter be removed by the Building Official with such removal ex- pense charged to the property owner. 42,.7 Sign Contractor's License. See City of Dubuque Sign Code. 4-3.8 Non-Comforming Signs Any sign which becomes a non- conforming sign on the effective date of ;his Ordinance or which becomes a non- conforming sign at any future date shall be regulated according to the rules set forth in Section 4-6 of this Ordinance; provided further that no alteration, i~n- provement or otlier change may be made to such non-conforming sigr~ In the event that such non-conforming sign, or panels or portions thereof shall be removed, for a period exceeding slx (6) months, or if the use to which the non-conforming sign pertains is ctmnged, any replacement sign shall be made to conform to the maximum area, number, allowable struc- ture type, projection, height, lighting, m~d motion requirements for signs other- wise permitted in the zoning district. However any non-confornting sign may be altered to reduce its level of non- conformity or signs with non-conforming characteristics may be altered to eliminate those characteristics. 4-3.9 Temporary Signs Temporm'y signs, were allowed, shall be erected and maintained in accordance with the following provisions: 1) General Conditions. a) Certificate and Fee Required. No persons shall erect, alter or relocate any temporary sign except for real ostate and political signs without first making application, submitting a fee as specified in Sec- tion 7 of this Ordinance, and obtain- ing a temporary sign certificate fi'om the Building Official. b) Limit on Number of Certifi- cates. No more than four (4) cer- tificates for temporary signs shall be issued for the same zoning lot in one calendar yem'. c) Materials and Methods. The Building Official shall impose as a condition of the issuance of certi- ficate, such requiremente as to ~naterial and manner of construction as m'e necessary to assure the safe- ty and convenience of the public. Regular Session June 19, 1989 297 d) Sign ~Pypes. Temporary signs shall be non-projecting building signs or free-stemding signs as de- fined herein. Penn~mte, banners and inflatable signs, are permitted tem- porary signs. e) Number, Area, Height, and Location. The permitted area, height and location of pennants, banners and inflatable temporary signs shall be determined by the Building Official with consideration given to the public safety and the signage reasonably necessary and appropriate for the intended use. The maximum m'ea of non-project- ing building signs or flee-standing signs or other temporary signs shall be thirty-two (32) square feet in all zoning districts. Signs shall not be greater than five (5) feet in height. Such signs shall not be placed in any public right-of-way or in visibili- ty triangles as defined in Section 4-4.6(5) for corner lots. No tem- porm~y business sign shall be placed within fifty (50) feet of another tem- porary sign as defhied herein. 2) Quasi-Public Signs, giving notice of special events and activities sponsored by recognized civic, patriotic, religious or charitable organizations for non-com- mercial purposes, subject to the fdi- lowing: a) Location. Quasi-public signs may be located on or off the pre- raises where the event is taking place provided permission is given by the owner of the property. Such signs shall not project beyond any lot llne. b) Timing. Quasi-public signs shall not be erected or maintained more than thirty (30) days prior to the date on whici~ the event adver- tised is to occur and shall be remov- ed gnmediately after the termina- sion of the event. 3) Temporary Business Signs, calling attention to a special, unique or limited activity, service or product or sale of limited duration, as follows: a) Location. Temporary business signs shall be located only on the lot upon which the special activity is to occur. Such signs shall not project over any lot line. b) Timing. Temporary business signs shall be e~cted m~d maintain- ed for a period not to exceed thirty (30) days, at the expiration of which the certificate holder shall imme- diately remove such temporary sign. 4-3.10 Sign Calculations 1) On-Premise Sign Area: a) Single Face: The area of a single face sign shall be measured within a single continuous perimeter enclosing the extre~r~ limits of a sign face, and in no case passing through or between any adjacent elements of the same; however, such perin~eter shall not include struc- tural elements or supports outside the limits of such sign and not for- ming m~ integral part of the display. The gross area of a sign composed of separate letters, symbols or words attached directly to an ar- chitectural facade shall be measured as the area enclosed by straight lines drawn closest to copy extremi- ties encompassing individuals sym- bols or words. b) Double-Faced: Same as single face except that a double faced sign shall only count one (1t face for area determination. c) Multiple-Faced: Same as single face except that only one (1) face shall be counted for area determina- tion and each face shall be reduced in area by twenty (20) percent. 2) Off-Premise Sign Area: The area of Off-Prenfise signs shall be measured in tlie same manner as On-Premise signs, except for Off-Premise signs that have "add-ons" to the principal sign panel, then each additional "add-on" shall be calculated separately for its area and add- ed to the principal sign panel. However, in no case shall the total area of the prin- cipal sign panel when added to the "add- ons' exceed the maximum sign area pro- vided within the district in which it is located. 3) Sign Number: The number of signs shall be calculated by the number of per- mltted signs displayed on a premise. a) Single Face: Each integral structural unit displaying a unified informatinnal content shall be counted as one sign. 298 Regular Session b) Double-Faced: A double faced sign meeting the stone requirements of a single face sign and supported on a single structure shall be counted as one sign. c) Multi-Faced: Multiple-faced signs, including v-shaped signs, meeting the same requirements of a single face sign and supported on a single structure shall be counted 4) Signs on Multiple-Frontage Lots: ~ Calculating number of faces June 19, 1989 Zoning lots which have separate fron- tages on more than one street, including through lots and corner lots, shall not display signs along any one street fron- tage in excess of the maximum area and maximum number per,rAtted for that frontage alone. Each frontage is to be considered sepm'ately. 5) Painted Wall Signs: Non-structural signs painted on bnildings shall be regulated in size, location, height and number as wall-mounted signs. Regular Session, June 19, 1989 Section 4-3.10 (H) Tyoes of Slgna~e CNflOPY 516N FREE STANDING 299 · ONE 51SN · T~3 FACES · i'qULTIPLE PANEL§ S I G N J~c .ONESmN Section 4-s. lo H) CalculaUng sign area A X § · ~IGN AREA 30O Regular Session, June 19, 1989 Section 4-3.10{Ji INTERNAL AND STREET FRONTAGE Buildings 1 and 2 have street frontage. Buildings 3 and 4 have internal frontage. Regular Session, June 19, 1989 301 302 Regular Session, June 19, 1989 Regular Session, June 19, 1989 303 304 Regular Session, June 19, 1989 Regular Session, June 19, 1989 305 Council Member Pratt moved final adoption of the Ordinance, as amended. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. City Manager requesting discussion of property purchase for office space use, presented and read. Council Member Kluesner moved that the comnmnication be received and filed and approved City Manager to proceed and negotiate for purchase of property at 1300 Main St. and pay no more than asking price of $150,000. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Coucnil Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 235-89 BE IT RESOLVED by the City Coanc~l of the City of Dubuque, Iowa that the fol- lowing having complied with the provi- sions of law relating to the sale of Ciga- rettes within the City o£ Dubuque, be granted a pernfit to sell Cigarettes and Cigarette Papers within said City. Joseph F. Bleile A & B Tap 2600 Central Ave. George K. Arvanitis Busy Bee Cafe 1958 Central Ave. Regular Session, June 19, 1989 307 306 David Ungs Copper Kettle 2987 Jackson St. Cremer's Co., Inc. Cremer Groceries 731 Rhomberg Ave. Mar De Lmtd. Cue Master Billiards 900 Central Ave. Barbara Dougher ty Daugherty's United 229 West 8th St. Eugene J. & Catherine A. Bechen Gene's Main St. Tap 1007 Main St. Roger Kunde Gomer's Bar 1105 University Ave. Grandview Drug Co. 486 N. Grandvjew Ave. Holiday Oil Dist., Inc, Derby Service Station 1685 J.F.K. Holiday Oil Dist., Inc. Derby Service Station 605 Dodge Holiday Oli Dist., Inc. Derby Service Station 400 Rhomberg Ave. Holiday Oil Dist,, Inc. Derby Service Station 1401 Central Ave. Iowa Oil Company IOCO Speede Shoppe 1998 Jackson St. Iowa Oil Company IOCO Speede Shoppe 3200 Central Ave. Iowa Oil Company IOCO Speede Shoppe 3250 Dodge St. Iowa Oil Company IOCO Speede Shoppe 1481 Dodge St. Iowa Oil Company IOCO Speode Shoppe 1387 Dodge St. Iowa Oil Company IOCO Speode Shoppe 2335 University Ave. Cathern Meyer Meyer's Tavern 530 E. 22nd St. Chung Lira Gee Monte Carlo Restaurant 378 Main St. Malo Oil Company Union 76 Car Wash 1875 J.F.K. Mots Oil Company Big 10 Mart 2100 J.F.K. Malo Oil Company Big l0 Mart 9th and Central Mulgrew Oil Company Amoco At The Bridge 351 Dodge St. Regular Session, June 19, 1989 Mulgrew Oil Company Amoco Food Shop 1450 Loras Blvd. Mulgrew Oil Company Asbury Fastop 3300 Asbury Rd. Lee W. Potter, Sr. Neighborhood Grocery & Video 2 785 Groveland Lee W. Potter, Sr. Neighborhood Grocery & Video 1 408 West Locust John W. Noonan 1618 Central Ave. Clark Quick Clean Laundry 1614 Lincoln Ave. Rainbo Oil Company KWIK STOP FOOD MART 2255 Kerper Blvd. Rainbow Oil Company KWIK STOP FOOD MART 2297 University Ave. Rainbo Oil Company KWIK STOP FOOD MART 1075 Dodge St. Sunshine Mart of Dubuque 430 Rhomberg Ave. C, L, Swanson Corp. Dubuque Municipal Airport 11000 Airport Rd. JFT. Ltd. Oky Doky #1 250 West 1st St. TFM. C~ Oky Doky #6 1256 Iowa St. Krlstina L. Chapman Oky Doky #14 1050 University Ave. Robert J. Rreitbach Oky Doky #9 51 West 32nd St. InvestmentS, Inc, Oky'Dol~ #21 2010 Kerper Blvd. Bruce VanGordon Vango Amoco 205 Locust St. Vendors Unlimited Motor Inn 200 Main St. Vendors Uniknited Sunnycrest Manor 2375 Roosevelt Vendors Unlimited University of Dubuque Union 2050 University Ave. Vendors Unlimited Keane Hall 1450 Alta Vista Vendors Unlimited Loras College -- Beckman Hall 1450 Alta Vista Vendors Unlimited Laras College -- Binz Hall 1456 Alta Vista Vendors Unlimited Loras College -- Snack Bar 1450 Alta Vista Vendors Unlimited Super "8" Motel Highway 20 West Vendors Unlimited CyCare Plaza Town Clock Plaza Wareco S~stem of Iowa Wareco 700 Rhomberg Ave. Mary L. Demmer El Toro Lounge 1445 Central Ave. Admiral's Hi-Hat West, Inc. 253 Main St. Kenneth Melloy The Kegger 3412 Pennsylvania David Lyons River City Tap and Grill 1406 Pine T & T Welsh, Inc. Finale Lounge 1701 Central Ave. MY-CAP VENDORS Dubuque post 6 American Legion Clair Woodman Aragon ~ap B & B Inc. R's Cafe Robert J. Kehl The Barge Judy Botsford Botsy's Clair Woodman Central ~ap Dave Adams Civic Center "76" Elaine Kelly Coach House Beverly Larson ~Denny's Lux Club Robert Leytem Dog House Lounge 1646 Asbury Rd. Dubuque Goff and Country Club 1800 Randall Pl. 1306 Delhi St. 1103 Iowa St. 504 Central Ave. 2nd St. Harbor 1027 Rhomberg Ave. 1046 Central Ave. 2225 St. Celia Highway 20 West 3050 Asbury Rd, Dubuque Inn Best Western 3434 Dodge St. Benevolent & Protective Order of Elks Elk's Lodge #297 2699 Kennedy Rd. Fraternal Order of Eagles #568 Eagles #568 1175 Century Drive James P. Kohl -- Kenneth J. Love The Grand Tap GroUnd Round Angle Mangeno Hard Times Tavern Heartland Inn Holiday Inn, Inc. Holiday Inn Motel Jeannine Kersch Idle Hour 802 Central Ave. 50 J.F.K. 1401 Elm St. 4025 Dodge St. 1111 Dodge St. 1555 Central Ave. Key City Bowling, Inc. Imperial Lane 3505 Stoneman Rd. Sue Saffran Kennel Club 1097 Jackson St. Sheryl Ann Shireman King of Clubs 1902 Central Ave. Lenny's Tap (Tekippe) Lenny's Ave. Tap 1080 University Ave. Jeanne Weber Maid-Rite 115 West llth St. Marco Giunta Marco's italian & American Food 2022 Central Ave. Angelina A. Bertaiini Mario's Italian Rest. & Lounge 1298 Main St. William C. Brown Publishers Midway Motor Lodge 3100 Dodge St. Mike Weber Mike's Ten Pin Tap 601 Rhomberg Ave. Norton Fast Food, Inc. Mister Donut 900 Dodge St. Gary and Joanne Heiar Moracco Supper Club 1413 Rockdale Rd. Patricia Lombardi Schuster Ms Pat's 16th St. Ext. Myers-Cox Company 175 West 32nd St. Peggy Schalier -- Jo Ann Lloyd P.J;s 500 Rhomberg Ave. 308 Regular Session June 19, 1989 Donna & Kay's Inc. Paradise Lounge 1602 Central Ave. Lynn A. Lindecker Park Square Tavern 600 Central Ave. John Gefinas Pelican Pier East 16th St. Ext. Perkins, Inc. Perkins Restaurant 3500 Dodge St. Schroby's, Inc. 1121 University Ave. Donna Ginter Silver Dollar 342 Main St. Walter J. Kunnert Shot Tower Inn 4th and Locust Steve Weiland Steve's University "76" 2480 University Thunderbirds of Dubuque, Ltd. 660 Iowa St. Eagle Point Associates, Inc, The Tollbrldge Inn 2800 Rhomberg Stephanie Nelson Town Clock Inn Town Clock Plaza Trausch Baking Co. 25 Main St. United Auto Workers Local #94 3450 Central Donna M. Ginter West Dubuque Tap 1701 Asbury Rd. Gary L. Kupferschmidt Whiskey River 1064 University American Marine of Iowa Inc. Yardarm Eagle Point Passed, approved and adopted this 19th day of June 1989. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved cdc tion of the Resalu~ion. Seconded by Coun- cil Member Pratt. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nnys--None, RESOLUTION NO. 236-89 WHEREAS, Applications for Beer Per- mits have been submitted and filed to this Council for approval aa~d the same h~tve been examined and approved; and WIIEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinm~ce of this City and have filed proper bond; NOW, TttEREFOBE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Mmmger be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Catherine M. Meyer Meyer's Tavern 530 E. 22nd St. CLASS "BE" BEER PERMIT )ennis A. Aithaus Family Beer Store 3400 Central Ave. (Sunday Sales) CLASS "C" BEER PERMIT Cremer Grocery Company, Inc. 731 Rhomberg Ave. (Sunday Sales) Lee W. Potter, Sr. Neighborhood Gro. & Video 785 Groveland (Sunday Sales) Palmer Drug Co. Grandview Drug 486 N. Grandvlew Ave. (Sunday Sales) Passed, approved and adopted this 19th day of June 1989. James E. Brady Mayor ATTESqI. Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolutions. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays-- None. RESOLUTION NO. 237-89 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law Regular Session June 19, 1989 309 and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor CLASS "A' (CLUB) BEER AND LIQUOR LICENSE Loyal Order of Moose Dubuque Lodge #355 1200 Main St. (Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James R. Ferring Dubuque Bowling Lanes 1029~/~ Main St. Joter Incorporated Bridge Rest. & Lounge 31~q5 Locust St. (Sunday Sales) Marvel I. Kennedy Kennedy's Tap 34th & Jackson Catherine A. and Eugene J. Bechen Gene's Main Street Top 1007 Main St. Riverside Bowl, lnc. 1860 Hawthorne St. (Sunday Sales) Wayne Paul Schofimeyer Paul's Tavern 176 Locust St. (Sunday Sales) Michael J. Sawvell Butter's Bar 1700 Central Ave. Creslanes Bowling, Inc. 255 South Main St. (Sunday Sales) Peggy Schailer and JoAnn Lloyd EJfs 500 Rhomberg Ave. Yuen & Chun Ltd. Kobe Japanese Rest. 951 Main St. (Sunday Sales) Carolyn K. Eonck Channel Inn 2010 Kerper Blvd. (Sunday Sales) Passed, approved and adopted tl~s 19th day of June 1989. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner inoved adop- tion of tile P~soltltiolL Seconded by Coun- cil Member Pratt. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Nites of the Squa~ Table requesting to transfer their Class "B" Beer Permits from 6th St. to 6th and Iowa Sts. on July 1, 1989, presented and read, Council Member Kluesner moved that the transfer be approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays-- None. MINUTES SUBMITTED: Special Airport Commission of 5-23 & 6-6; Cable TV Regulatory Comm. of 5-17; presented and read. Cotmcil Member Deich moved that the minutes be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays-- None. N(Y£ICES OF CLAIMS/SUITS: Lin- da Dubiak in unknown amount for pm- sonal injuries; Mary and Joseph Marcor in unknown mnount for personalinjuries; Wayne Hingtgen in ~unount of $25 for property damages; Sharon Dull Mullen and Renee H. Mallen vs. City official for damages; J. Richard Nees in unknown amount for vehiale damages; Ronald Post in amount of $158.56 for backed-up sewer damages; Charlesene Stout in amount of $42.51 for property damages; Charles Wolfe in amount of $759.00 for car damages; Marcia Selken in amount of $90 for property damages, presented and read. Council Member Deicb moved tbat tbe claims and suits be referred to the Legal Staff for investigation and report. Se- conded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesne~; Pratt, Simon, Voetberg. Nays--None. Iowa DOT submitting Notice of Con- denmation of certain rlgbte in land for the improvement of relocated primary road No. U.S. 61 for Fischer Investment Co. properties, p~esented and read. 310 Regular Session June 19, 1989 Council Member Deich moved that the Notice be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays-- Coxmnudication of Corporation Counsel recommending settlement of damage to pole claim of Interstate Power Co. in the mnount of $223.57 eau( cra' damage claim of Iowa Dept. of Revenue & Finance in the amount of $440, presented and read. Council Member Deich moved that the communication be received and filed and approved settlements and Finance Direc- tor to issue proper checks. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simo~ Voetberg. Nays-- None. Communications of Corporation Counsel recommending denial/closure of following claims: personal injury/fall of George Clark; Fence dmnage claim of Raymond & Patricia McAtee; Personal in- jury claim of Clarence Meyer; Driveway damage claim of Steve Neyens; Car damage claim of Duane Nilles; Personal injury claim of Shirley Spinoso; Personal injury of Helen Werner; Personai injury claim of Wendy Winfrey, presented and tend. Council Member Deich moved that the communications be received and fried and approved recommendations. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann; Kluesner, Pratt, Simon, Voetberg. Nays-- None. REFUNDS REQUESTED: Murphy's South End Tap in amount of $422.50 for unexpired Liqnor License; K & K Foods $150 on unexpired portion of Class "B' Beer Pertnit; K & K Foods, $50 on unex- pired Cigmette Licens~ presented and read. Council Member Deich moved that the refunds be approved and Finance Direc- tor to issue proper check. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann Kluesnex; Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager sub- mitring Financial Reports for thc month of May, 1989; Proof of publication, cer- tified to by tbe Put)lisher, on List of Claims for month of April, 1989; Proof of publication, certified to by the Publisher, on publication of Resolution No. 170-89 "Establishing Housing Code Fees", presented and read, Council Member Daich moved that the communication be received emd filed. Seconded by Council Member Fi'att. Car- ried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Frank D. Giiloon, III submitting his resignation from membership on the Dock Board effective April 29, 1989, presented and read. Council Member Deich moved that the communication be received and filed and accepted with regret. 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. Communication of City Manager re- questing approval of a Purchase of Ser- vice Agreement with the Retired Senior Volunteer Program (RSVP) and authnr- ize to execute, presented and read. Council Member Deich moved that the conm~unlcation be received and filed and approved and Mayor authorized to ex- ecute. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Counail Members Deich; Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing approval of Purchase of Services Agreement with Chmnber of Commerce for fiscal year beginning July 1, 1989 and authorize Mayor to execute said agree- ment, presented and read. Counail Member Daich moved that tbe communication be received and filed and authorized Mayor to execute. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager re- questing approval of Purchase of Service Regular Session June 19, 1989 Agreement for the Land of Festivals for ~he fiscal year beginning July 1, 1989 and authorized Mayor to execute, presented and read. Council Member Daich moved that the communication be received and filed and approved and authorized Mayor to ex- ecute. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Nong June 2, 1989 Honorable Mayor and Members of the City Council In accordm~ce with Chapter 400 of the 1989 Cede of Iowa, as amended, the Civil Service Commission conducted Promo- tional Examinations on April 25 and April 27, 1989 for members of the Police Department. We hereby certify that the following members of the Police Department have successfully passed the written promo- tionai examinations and ail promotions witldn the Police Dep~rtment should be made from the following lists. CAPTAIN Robert Prine Eric Schneider William Davis Thomas Raschke Dennis Stramberger Paula Gieseman John Stevens Kevin MeTague Thomas Schaefer Wifiiam Gibson, III CORPORAL Terrence Tobin Michael Sullivan Shane O'Baien Robert Flannery Larry Verdick Daniel Avenm'ius John Gafie Steven Theisen Curtis Bailey Michael Chapman SERGEANT Robert Flannery Dennis Strumberger Eric Schneider Terrence Tobin 311 Michael Sullivan Larry Verdick Robert Prine Kyle Johnson Thomas Parker Kevin Hahn John Galle Respectfully submitted Pat Dillon Chairperson Gerald J. Koppes Civil Service Commission Council Member Deich moved that the communication and llst be made a mat- ter of record. Seconded by Council Member Pratt. Cm'rled by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. June 2, 1989 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1989 Code of Iowa, as amende& the Civil Service Commission conducted written examinations for the position of IN- SPECTOR I in the Building Services Division on April 26, 1989. We hereby certify that the fo]lowing have successfully passed the exam and are to be considered for this position. INSPECTOR I William Jungk Jerry Stoffel Charles Hartman Patrick Gross Michael Fa(ten Ronaid Albrecht Robert Ervolino Respectfully submitted Pat Dillon Chairperson Gerald J. Koppes Civil Service Conm2saion Council Member Daich moved that the communication and llst be made a mat- ter of record. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Si~non, Voetberg. Nays--None. 312 Regular Session June 19, 1989 Council Member Voetberg ~noved that the July 3rd Council meeting be rescheduled to Wednesday, July 5th at 5:00 RM. Seconded by Mayor Brady. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klue? ner, Pratt. Voetberg. Nays--Council Members Deich, Heckmann. Abstain-- Council Member Simon. There being no further business, Coun- cil Member Pratt moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Pratt, Voetberg. Nays-- Council Members Daich. Heckmann. Abstain--Council Membex Simon. Meeting adjourned -- 11:02 P.M. Mmsr A. Davis City Clerk Approved 1989 Adopted 1989 Mayor Council Members ATTES~ City Clerk Regular Session July 5, 1989 313 CITY COUNCIL OFFICIAL Regular Sesalon, July 3, 1989 Council met at 7:30 p.m., at the Public Library Auditorium. No members of the Council being pre- sent, meeting was adjourned subject to call. Regular adjourned session, July 5, 1989 Council met at 5:00 p.m., Conference Room "B", 2nd Floor, City Hall. Present: Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Member Kluesner. Mayor Brady read the call and stated this is au ADJOURNED REGULAR SESSION called for the purpose to act upon such business which may properly come befure the Council. PROCLAMATIONS: July 9-15 as "Elderhostel Week" received by John Hess of Loras College; July 17, 18, 19th as "Dubuque Legis- latlve Doys" received by Steve Herman. Conuuunicatinn of City Manager sub- mitting documents providing for bidding process for reconstruction of Municipal Swimming Pool on Hawthorne St., pre- sented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 238~89 PRELIMINARY APPROVAL OF pLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the MUNICIPAL POOL RECON- STRUCTION, in the estimated amount of $1,395,000.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption )f the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Vcetberg. Nays--None. Absent-- Council Member Kluesner. RESOLUTION NO. 239-89 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for pubilc inspection of the MUNICIPAL POOL RECONSTRUC- TION. NOW, THEREFORE, BE IT RE- SOLVED, that on the 7TH DAY OF AUGUST, 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, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not 1ess than four days nor more than twen- ty days prior to the day fixed for its con- ~ideration. At the hearing, any interested lerson may appear and file objections to the proposed plans, specifications, con- tract, or estimated cost of the xmprovement. Passed, approved and adopted this 5th day of July, 1989. James E. Brady Mayor