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1989 July Council Proceedings312 Regular Session June 19, 1989 Council Member Voetberg moved that the July 3rd Council meeting be rescbeduled to Wednesday, July 5th at 5:00 P.M. Seconded by Mayor Brady. Carried by the following vote: Yeas-- Mayor Brady, Council Members Kine~- ncr, 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 Councii Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kfuesner, Pratt, Voetberg. Nays-- Council Members Dalch, Heckmann. Abstain--Council Member Sirpon. Meeting adjourned -- 11:02 P.M. Mary A. Davis City Clerk Approved .1989 Adopted 1989 Mayor Council Members ATTES~E City Clerk Regular Session, July 5, 1989 313 CITY COUNCIL OFFICIAL Regular Session, July 3, 1989 Council met at 7:30 p.m., at tbe 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. Lindahi. Absent: Council Member Kluesner. Mayor Brady read the call mad stated this is an ADJOURNED REGULAR SESSION called for the purpose to act upon such business which may properly come before the Council. PROCLAMATIONS: July 9q5 as "Elderhostel Week" received by John Hess of Loras College; July 17, 18, 19th as "Dubuque Legis- lative Days" received by Steve Horman. Communication 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 V~etbdrg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 238-80 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 adopUlon of the Resolution. Seconded by Council Member Vcetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, S~mon, Voetberg. 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 public 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 mad 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 circulatlon in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twen- ty days prior to the day fixed for its con- sideratlon. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, con- tract, or estimated cost of the improvement. Passed, approved and adopted this 5th day of July, 1989. James E, Brady Mayor 314 Regular Session, July 5, 1989 ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Secohded by Council Member Voetberg. Carried by tbe follow- ing vote: Yeas--Mayor Brady, Counall Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Kluesner. RESOLUTION NO. 240-89 ORDERING BIDS BE IT RESOINED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the MUNICIPAL POOL RE- CONSTRUCTION is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less thau four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 31ST DAY OF JULY, 1989. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 7TH DAY'OF AUGUST, 1989. 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 of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Kluesner. Communication of City Manager recommending vacating of a portion of a 20 foot alley lying between Bernice enue and Blanche Avenue, from Vi- vian Avenue 300 feet easterly, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the foilowing vote: Yeas-- Mayor Brady, Council Members Deich, Pratt, Simon, Voetberg. Nays--None. Absent--Council Memhar Kluesner. RESOLUTION NO. 241-89 RESOLUTION APPROVING PLAT OF A VACATED PORTION OF A ,LLEY LYING BETWEEN BERNICE AVENUE AND BLANCHE FROM VIVIAN AVENUE 300' EASTERLY WHEREAS, there has been presented to the City Council of the City of Du- buque, Iowa, a plat dated May 23, 1989, prepared by IIW Associates, P.C., Du- buque, Iowa, deecriblng the vacated por- tion of tbe 20' wide alley lying between Bernice Avenue and Blanche Avenue, ~ivian Avenue 300 ~ easterly; and WHEREAS, said plat conforms to tbe laws and statutes pertaining thereto. NOW, THEI~EFORE, BE IT SOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: Section 1. That the plat dated May 23, 1989 prepared by IIW Associates, P.C., to the real estate hereinabove described be and the same is hereby ap- and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hexeby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder. n and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session, July 5, 1989 315 Council Member Simon moved adop- tion of tbe Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckm~um, Pratt, Simon, Voetberg. Nays--None. Abeent--Council Member Kluesner. An ORDINANCE Vacating a portion of 20 foot wide alley lying between Ber- nice Avenue and Blanche Avenue, from Vivian Avenue 300 feet easterly, pre- sented and read. Council Member Simon moved that this be conaldered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 17th day of July, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon. Voetberg. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 242-89 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 162A IN MAPLE LEAF ADDITION NO. i IN THE CITY OF DUBUQUE, IOWA WHEREAS, Teresa York has quested the vacation of a portion of 20~ alley lying between Bernice Avenue and Blanche Avenue, from Vivian Avenue 300 feet easterly; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa has prepared emd submit- ted to the City Council a plat showing tbe vacated portion of a 20~ alley and assigned a lot number thereof, which hereinafter shall be known and described as Lot 162A in Maple Leaf Addition No. 1 in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined ~hat this portion of 20' alley is no longer r~quired for public use, and vacating and sale of said portion of 20~ alley known as Lot 162A in Maple Leaf Addition No. 1 in the City of Dubuque, Dubuque Coun- ty, Iowa should be approved. NOW, THEREFORE, BE ~T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 162A in Maple Leaf Addition No. 1 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 162A in Maple Leaf Addition No. 1 in the City of Dubuque, Iowa be contingent upon the petitioners payment of $300.00 plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause and notice of intent to dispose of said real estate in the manner as pre- scribed by law. Passed, approved and adopted this 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Core, cfi Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. Communication of Attorney John O'Co~mor requesting approval of an ease- ment Agreement on behalf of the Delos L. McDonald estate (tabled at meeting of January 16, 1989), presented m~d read. Council Member Simon moved that the matter be removed from the table. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetharg. Nays--None. Absent--council Member IGuesner. Council Member Simon moved that the communication be recevied and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Cotmall Members Deich, Pratt, Simon, Voetberg. Nays--None. Abstain--Council Me~nber Ileckmann. Absent--Council Member Kluesner. RESOLUTION NO. 243-89 316 Regular Session, Ju? 5, 1989 WHEREAS, pursuant to resolution following vote: Yeas--Mayor Brady, and published notice of time and place of Council Members Deich, Pratt, Simon, hearing, published in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on the 6th day of January, 1989, the City Council of the City of Dubuque, Iowa met on the 5th day of July 1989, at 5:00 p.m. in Conference Pmom "B", City Hall, 13th & Central, Dubuque, Dubuque County, Iowa to consider the proposal to dispose of an interest in pro- petty in Eagle Point Park, as set forth in the attached agreement, to the estate of Delos L. McDonald; and WHEREAS, the City Council of the City of Dubuque, Iowa oven~led any and all objections, oral or written, to the pro- posal to dispose of interest of the City of Dubuque, Iowa in the bereinabove de- scribed real estate to the estate of Delos L. McDonald. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of an in- terest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 7, Lot 2 of Lot 6, Lot 2 of Lot 1 of Lot 4 and Lot 2 of Lot 4, all of M.L. 312 in the City of Dubuque, Dubuque County, Iowa to the estate of Delos L. McDonald be and tbe same is hereby approved. Section 2. That the Mayor be author- ized and directed to execute-said agree- ment granting a perpetual vehicular and pedestrian easement across the above described properties as set forth in the proposed agreement. Section 3. Timt the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the office of the City Assessor, Du- buque County Recorder and the Du- buque County Treasurer. Passed, approved and adopted tins 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the Voetberg. Nays--None, Abstain-- Council Member Heckmann. Absent-- Council Member Kluesner. Communication of City Manager sub- mitring Resolution providing for the ter- minating of negotiations with Brutger Hospitality Group for downtown hotel, presented and read. Council Member Pratt moved that the ommunication be received and filed. Seconded by Council Member Heck- nann, Carried by the following vote: yeas--Mayor Brady, Council Members Daich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kinesner. RESOLUTION NO. 244-89 RESOLUTION NULLIFYING THE SELECTION OF THE BRUTGER COMPANIES, INC. AS DEVELOPER OF URBAN RENEWAL DISPO- SITION PARCEL NUMBER 4-2 WHEREAS, the City of Dubuque, Iowa did, by Resolution No. 191-88, on June 20, 1988, make final selection of the Brutger Companies, Inc. of St. Cloud, Minnesota /now known as the Mana- Dyne/Brutger Hospitality Group and liereinafter referred to as the "Devel- oper'') as Developer of Urban Renewal Disposition Parcel No. 4-2; and WHEREAS, the Developer failed to comply with the terms and conditions establisbed by Council for development of the parcel in a timely manner; and WHEREAS, the Developer submitted a letter (attached hereto as Exinbit A) to the Council withdrawing from the Pro- ject on December 27, 1988; and WHEREAS, the Council believes that it is in the best interest of the City to act as expeditiously as possible to re-offer this parcel for redevelopment as a com- mercial hotel facility. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City of Dubuque, Iowa, does bereby nullify its selection of the Brutger Compaines, Inc. (now known as ManaDyne/Brutger Hospitality Group) as Developer of Urban Renewal Regular Session, July 5, 1989 317 Plan Dispoaltion Parcel No. 4-2 in Downtown Urban Renewal Project Iowa R-15. Section 2. That all negotiations with the ManaDyne/Brutger Hospitality Group for the development of a Hotel Facility on Block 14 of the "DUBUQUE DOWNTOWN PLAZA", in the City of Dubuque, Iowa cease. Section 3. That the City Manager prepare and submit for Council considera- tion a new Request for Proposals for the development of a commercial hotel facil- ity in the downtown urban renewal district. Passed, approved and adopted tins 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member YIeckmann, Carried by the fol- lowing vote: Yeas--Mayor Brady, Coun- cil Members Dalch, Heckmann, Pratt, Simon, Vcetberg. Nays--None. Absent-- Council Member Kluesner. Communication of City Manager re- questing authorization to execute a CDBG Loan Agreement in the an~ount of $10,000 with the Job Market Ltd./The Dubuque College of Business, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Heck- mann. Can-led by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmmm, Pratt, Simon, Voet- berg. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 245-89 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMU- NITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH THE JOB MARKET, LTD.ITHE DUBUQUE COLLEGE OF BUSINESS WHEREAS, under provisions of Title I of the Housing and Community Devel- opment Act of 1974, as amended, the City of Dubuque has received Communi- ty Development Block Grant Funds for the purpose of stimulating economic development activities within the com- munity; and WHEREAS, the City of Dubuque, Iowa desires to assist The Job Market, Ltd./The Dubuque Coliege of Business in its efforts to expand and relocate its ex- istlng training operations witinn tbe com- munity; to assist a female owned and operated business; and to provide need- ed employment skills to its low to moderate income citizenry; and WHEREAS, a Loan Agreement is to be e, xecuted by The Job Market, Ltd./The Dubuque College of Business and the same bereto attached and by this reference nmde a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, award- ing a ten thousand dollar ($10,000) loan to Ttxe Job Market, Ltd./The Dubuque College of Business according to the terms specified therein. Section 2. That the City Manager be and he is hereby autliorized to disburse loan funds from the Coramunity Develop- ment Block Grant entitlement fund, in accordance with the terms and conditions of Loan Agreement hereto attached. 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 of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hecfunann, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Kluesner, RESOLUTION NO. 2464]9 WHEREAS, the Dubuque Racing Association, L~d. has been promoting tbe civic betterment and s~cialimprovement 318 Regular Session, July 5, 1989 of the community and carrying out the goal of the City of Dubuque in promoting tourism by the operation of the Dubuque Greyhound park; and WHEREAS, the State of Iowa has passed riverboat gambling as an authorized business in the State of Iowa; and WHEREAS, the City of Dubuque feels that riverboat gambling would promote the civic betterment and social im- provements of this community by creating additional jobs and by cm'rying out the gn~d of the City of Dubuque in promoting tourism. NOW, THEREFORE, BE IT RE- SOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque endorses the proposed referendum to authorize riverboat gambling in Dubuque County, and further requests the Du- buque Racing Association, Ltd. to apply for a gambling license so they may con- tinue to promote the civic betterment a~d social improvement of the ~ommunity, continue to relieve the burdens of govern- ment and carry out the goal of this City Council h~ promoting tourism. Section 2. That the City Clerk be and hereby is authorized to provide a certified copy of this resolution to the Dubuque Racing Association, Ltd. Passed, approved and adopted this 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Cra-tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. Communication of City Manager re- questing approval of two grant applica- tions to the Governor's Alliance on Substance Abuse for federal funds for the police Department's Drug Enforcement and Education Efforts with local match- ing funds being $8,883.91 for one quest and $575.00 for other match and requesting Council's approval, presented and read. Council Member Deich ~noved that the communication be received and filed and approved request. Seconded by Council Member Pratt, Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Deich, Heckmann, lq-att, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. Council Member Pratt verbally re- quested additional information regarding recently adopted "On-Premises" Sign Ordinance. Council Member Pratt moved that the rules be suspended to allow anyone pre- sent to address the Council, Seconded by Council Member Heckmann. Cra'tied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. Larry Weitz, 2440 Broadway, spoke, voicing specific concerns re: sig~s. Council Member Pratt moved to recon- sider the motion of last meeting regard- lng on-premises signs. Seconded by Coun- cil Member Deich. Vote on the motion was as follows: Yeas--Council Members Dalch, Pratt. Nays--Mayor Brady, Coun- cil Members Heckmann, Simon, Voet- berg. Absent--Council Member Klues- ncr. MOTION FAILED. Dubuque Star Brewery requesting to ~r their Beer Permit to Eagle Point ' 17, 1989 for Legislative Days, presented mxd read. Council Member Heckmann moved ;he transfer be approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 247-89 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- Cigarette Papers within said City. Ethel K. Schwartz Airport Inn 574 E. 16th St. Regular Session, July 5, 1989 319 CK of Dubuque, Inc. Country Kitchen 3187 University Ave. James R. Ferring Dubuque Bowling Lanes 1029Vz Main St, Marvel Kennedy Kennedy's Tap 3453 Jackson St. Wayne A. Deutsch Main Street Billiards 163 Main St. B & M Convenient Mart Oky Doky Foods # 7 3301 Pennsylvania Will Co, Inc. Oky Doky Foods # 10 805 West 5th St. David lt. Hoffman White House Tavern 450 West Locust MY-CAP VENDORS Carol Burchette-Phyllis Dunn Beanie's Cafe 1400 Central Ave. James Kachevas Demetri's Restaurant & Lounge 665 Dodge St. Apartments Lt. Dubuque Mining Co. Kennedy Mall Jim Webb Jim's Web 2093 Washington St. Mike Tigges -- Ron McDonald Magm~'s 2417 Rhomberg Ave. Passed, approved and adopted this 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hechinann moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 248-89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the s~une have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicm~ts were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE BE IT RE- SOLVED by the City Councli of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Krlstina L. Chapman Oky Doky # 14 1050 University (Also Sunday Sales) Jena Inc. Oky Doky # 15 1545 S. Grandview (Also Sunday Sales) Passed, approved and adopted this 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 249-89 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Curtis L. Gerhard Knickers Saloon 2186 Central Ave. (Also Sunday Sales) 320 Regular Session, July 5, 1989 Fischer & Company, Inc. Fischer Bowling Lanes 880 Locust St. (Also Sunday Sales) Ethel K. Schwartz Airport Inn 574 E. 16th St. {Also Sunday Sales) City of Dubuque Dubuque Five Flags Center 4th and Locust (Also Sunday Sales) Klm Reed Chateau Supper Club 3750 Central Ave (Also Sunday Sales) CLASS "E" LIQUOR LICENSE Beecher Co., Inc. Beecher Beverage 1691 Asbury Rd. Passed, approved and adopted this 5th day of July, 1989. James E. Brady Mayor A~i~fEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution, Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. Council Member Heckmaun left the Council Chambers at 6:20 p.m. RESOLUTION NO. 2504]9 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for appeoval and ti~e same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Ron McDonald & Mike Tigges Magoo's 2417 Rhomberg Ave. (Also Sunday Sales) Passed, approved and adopted this 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution, Seconded by Mayor Brady. Cam'led by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Voetberg, Nays--Council Member Simon. Absent-- Council Members Heckmann, Kluesner. Communication of City Manager recommending denial of a Class "C' Li- quor License for Magoo's, presented and Council Member Simon moved that the communication be received and filed. Seconded by Mayor Brady. Carried by ti~e following vote: Yeas--Mayor Brady, Council Members Deicb, Pratt, Voetberg. Nays--Council Member Simon. Absent-- Council Members Heckmann, Kluesner. MINUTES SUBMITTED: Five Flags Commission of 6-19; Historic Preserva- tion Commission of 6-13; Park and Recreation Comm. of 6-13 & 6-21; Public Library of 6-15, presented and read. Council Member Voetberg moved that the minutes be received and filed. Second- ed by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, Voetberg. Nays--None. Absent--Council Members Heckmann, Kluesner. NOTICES OF CLAIMS/SUITS: San- dy Dietzel of Friedman Insurance, Inc, submitting a/aim on behalf of Durrant Group in estimated damages of $643.88 for cm' damages; Dubuque poilcemen's Protective Assn. submitting a "Pro- hibited Practice Complaint"; Robert Schiesl in amount of $850.15 for car damages, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, Voetberg, Nays--None. Absent-- Council Members Heckmann, Kluesner. Regular Session, July 5, 1989 321 Communication of Corporation Coun- sel recommending settlexnent of proper- ty damage claim of Marcia Selken in amount of $90, presented and read. Council Member Voetberg moved that the communication be received and filed and approved settielnent with Finance Director to issue proper check. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Me~nbers Deich, Pratt, Simon, Voetberg. Nays--None. Absent--Council Members Heckmann, Kluesner. Communications of Corporation Counsel recommending settlement/ closure of following claims: fall/personal injury claim of Linda Dubiak; proper~y damage of Charlesene Stout; Car dmnage of J. Richard and Julie Nees; Sidewalk danmge of San~ and Lois Pusateri; Car damage of Charles D. Wolff, presented and read. Council Member Voetberg moved that the communications be ~ceived mid filed and approved recommendations. Second- ed by Council Member Deich. Carrlcd by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, Voetberg, Nays--None. Absent--Council Members Heckmann, Kluesner. Iowa Department of Transportation sub,hitting Notices of Condenmation for certain rights of land in relocation of Highway 61 to Robert Kehl et al; Masco Industries et al; Molo Oil Co., presented and read. Council Member Voetberg moved that the notices be received and filed. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Members Heckmann, Kluesner. Iowa Department of Transportation submitting dismissal in the matter of conde~mmtion of certain rights in land for the improvement of Relocated Primary Road U.S. 61 for properties owned by Fischer Investment Co. et al; Plastic Center Inc. et al; Fischer Investment Co. et al, presented and read. Council Member Voetberg moved that tbe Notice be received and filed. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Da/ch, Pratt, Simon, Voetberg. Nays--None. Absent--Council Members Heckmann, Kluesner. Communication of Corporation Counsel submitting an update on the status of the litigation suit for City vs. Sharon Dull Mullen and Renee Mulien, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Members Hcckmann, Kluesner. Communication of City Manager re- questing to publish Notice of Environ- mental Review Findings for the Neigh- borhood Related Improvements for Job Market, Ltdi/Dubuque College of Bus- mess projects, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, Voetherg. Nays--None. Absent-- Council Members Heckmann, Kluesncr. RESOLUTION NO. 251-89 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1988 with thc U.S. Dep~tment of Hous- ing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the niles and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described projects to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen- tal Review Committee on June 26, 1989 has after due consideration made a deter- mination that the projects are not a 322 Regular Session, major Federal action significantly affec- ting the quality of the human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tlie City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Signifi- cant Effect on the Environment for the f o/lowing identified projects, and to make the Environmental Review Record for said projects available for public inspec- tion. Such notice shall be in the form of Exhibit "A" attached hereto m~d made a part tliereoli 1) Neighborhood Related Improve- ments 2) Job Market, Ltd./Dubuque College of Business Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of July 17, 1989 authorizing the submission of a request to the U.S. Department of Housing and Community Deveinpment to undertake the projects. Passed, approved and adopted tins 5th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Da/ch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Members Heckmann, Kinesner. There being no further business, Cotm- cil Member Voetberg moved to adjourn the meeting. Seconded by Council Mem- ber Pratt. Carried by tlie following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, V~etberg. Nays-- None. Absent--Council Members Heck- mann, Kinesner. Meeting adjourned at 6:36 p.m. Mary A. Davis City Clerk Approved_ -- 1989 July ! 1989 Adopted - __1989 Mayor Council Members ATTE. ST: City Clerk Board of Health July 17, 1989 BOARD OF HEALTH OFFICIAL Regular Quarterly Meeting, July 17, 1989 Board met at 7:25 p.m., Public Library Auditerlum. Present: Chairperson Brady, Board Members Deich, Heckma~n, Kluesner, Pratt, Vcetberg. Absent--Bom'd Member Simon. Chairperson Brady read the call m~d stated this is the REGULAR QUAR- TERLY MEETING of the Board of Health called for the purpose to act upon such business which may properly come before ti~e Board. Communication of City Manager sub- mitring an update on the Dubuque Regional AIDS Coalition, presented and read, Board Member Kluesner moved that the communication be received and filed. Seconded by Board Menaber Pratt. Car- tied by the following vote: Yeas-- Chairperson Brady, Board Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Absent--Board Member Simon. There being no further business, Board Member Pratt moved to adjourn. Second- ed by Board Member Voetberg. Carried by the following vote: Yeas--Chairperson Brady, Board Members Deich, Heck- mann, Kluesner, Pratt, Voetberg. Absent--Board Member Simon. Mary A. Davis Secretary Approved_ __1989 Adopted __1989 Chairperson Board Members ATTEST: City Clerk 323 324 Regular Session, July 17, 1989 CITY COUNCIL OFFICIAL Regular Session, July 17, 1989 Council Met at 7:30 p.m., at the Public Library Auditorium. Present: Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Voetberg, City Manager W. Ken- neth Gearhm't, Corporation Counsel Barry A. Lindahl. Absent--Council Member Simon. Mayor Brady read the call and stated this is the REGULAR MEETING OF THE CITY COUNCIL called fox' the pur- pose to act upon such business which may properly come before the Council. INVOCATION was given by Bialmp Jeffrey Bellows of the Church of Jesus Christ of Latter-Day Saints. John Manss, Police Chief, presented Spirit Action Certificates to City Employees: Jeff pillard, Wayne Jochum m~d Jeff Reimer (absent). Mayor Brady presented a plaque from New Zealand from the MADRAC Canoe- lng group, to be given to John and Mary Miller, Caretakers of Riverview Park. Proof of publication, certified to by tbe Publisher, on Notice of Public Hearing to consider an Ordinance vacating a pot- tion of a 20 foot wide alley AND Proof of publication, certified to by the Pub- llsher, on Notice to dispose of Lot 162A of Maple Leaf Subdivision, presented and Council Member Heckmmm moved that the proofs of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Voetberg. Nays--None. Absent--Comlcil Member Simon. Coundl Member Deici~ moved that the rules be suspended 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 Members Dalch, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Abeent--Councll Member Simon. ORDINANCE NO. 35-89 ORDINANCE VACATING A POR- TION OF 20' WIDE ALLEY LYING BETWEEN BERNICE AVENUE AND BLANCHE AVENUE, FROM VIVIAN AVENUE 300 FEET EASTERLY, said Oedinance having been presented and read at the Council Meeting of July 5, 1989, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 35-89 ORDINANCE VACATING A POR- TION OF. 20' WIDE ALLEY LYING 3ETWEEN BERNICE AVENUE AND BLANCHE AVENUE, FROM VIVIAN AVENUE 300 FEET EASTERLY. WHEREAS, Teresa York has re- quested the vacation of a portion of 20' alley lying between Bernice Avenue and thincbe Avenue, from Vivian Avenue ~00 feet easterly; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa, has prepared and sub- mitted to the City Council a plat show- ing the vacated portion of the 20' wide alley and assigned a Lot number thereof, which hereinafter shall be known and de- scribed as Lot 162A in Maple Leaf Addi- tion No. i in the City of Dubuque, Du- buque Cmmty, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of 20~ wide alley is no longer required for public use and vacating of said portion of 20' alley known as Lot 162A in Maple Leaf Addi- tion No. 1 in the City of Dubuque, Du- buque County, Iowa, shoukt be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe real estate de- scribed as Lot 162A in Maple Leaf Ad- dition No. 1 in the City of Dubuque, Iowa, be and the stone is hereby ap- proved for vacation. Passed, approved and adopted tbis 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session, July 17, 1989 325 Published officially in the Telegraph Herald newspaper this 24th day of July, 1989. Mary A. Davis City Clerk It 7/24 Council Member Heckmam~ moved final adoption of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Hcckmamx, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 2524]9 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion published in tbe City of Dubuque, Iowa on the 7th day of July, 1989, the City Council of the City of Dubuque, Iowa met on the 17th day of July, 1989, at 7:30 p.m. in tbe Public Library Audi- torium, 11th and Locust, Dubuque, Dubuque County, Iowa to considcr the proposal for the sale of real estate described as: Lot 162A in Maple Leaf Addition No. 1 in the City of Dubuque, Iowa to Teresa York; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled mW and all objections, oral or written, to the pro- posal to dispose of interest of the City of Dubuque, Iowa in the hereinabove de- scribed real estate to Teresa York. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe disposal of the in- terest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 162A in Maple Leaf Addition No. 1 in the City of Dubuque, Iowa to Teresa York be and the same is hereby approved for tbe sum of $300.00 plus cost of publication and filing fees; conveym~ce shall be by Quit Claim Deed. Section 2. That the Mayor be author- ized and dfrected to execate a Quit Claim Deed, and tbe City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grm~tee upon receipt of the purchase price in full. Section 3. That thc City Clerk be and is bereby authorized and directed to record a certified copy of this Resolution in the Office of the City Assessor, Du- buque County Recorder and the Du- buque County Treasurer. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Meinber Heckmann moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Proof of publication, certified to by the Publisber, on Notice of Hearing on Plans and Specifications for sealing the con- crete surfaces of tbe Oxygen Aeration Basins of the Wastewater Treatment Plant AND Proof of publication, certified to by tbe Publisher, on Notice to Bidders ~f tbe receipt of bids for the project, ~resented and read. Council Member Heckmann moved that tbe proofs of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of City Manager recommending to reject any and all of the bids received whieb were associated with this project, presented and read. Counall Member He&mann moved that the communications be received and filed and approved recommendations. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of City Manager sub- mit ting documents providing for bidding procedures for the 1989 P.C. Concrete Paving Project, presented and read. Council Member Kluesner moved that: the co~rmaunication be received and filed. 326 Regular Session, J___uly 17, 1989 Seconded by Com~cil Member Pratt. Car- City Clerk be and is hereby directed to fled by the following vote: Yeas--Mayor cause a notice of time and place of such Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 253-89 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 1989 P.C. CONCRETE PAVING PROJECT, in the estimated amount of $2,146,415.83, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmarm Khiesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 254-89 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its pralimlnary approval on the proposed plans, specifications, and form of contract and placed stone on file in the office of the City Clerk for pubfic inspection of the 1989 P.C. CONCRETE PAVING PROJECT. NOW, THEREFORE, BE IT RE- SOLVED, that on the 21st 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 hearing to be published in a newspaper having general cffculation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twen- ty days prior to the day fixed for its con- ideration. At the hearing, any interested )erson may appear and file objecttnns to the proposed plans, specifications, con- tract, or estimated cost of the improve- ment. Passed, approved and adopted this 17tb~ day of July, 1989. James E. Brady Mayor ATI~EST: Mary A. Davis City Clerk Co~mcil Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 255-89 RESOLUTION OF NECESSITY WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the 1989 P.C. CONCRETE PAVING PROJECT. BE IT THEREFORE RESOLVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned im- provements, mxd urless property owners at the time of the final consideration of this p~oposed resolution have on file with the City Clerk objections to the resolu- tion of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using tbe special assess- ment procedure. Said improvements shall be con- structed and done in accordance with the Regular Session, July 17, 1989 327 plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improve- merit will be assessed partially or total- ly against privately owned property ly- ing with the assessment limits, and tn an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from GENERAL OBLIGATION BONDS, THE STREET CONSTRUCTION FUND, AND SALES TAX, and special assess~nent bonds may be issued in ea~- tialpation of deferred payments of assessments when a contract bas been performed and accepted, and the pro- ceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 17th day of July, 1989, Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, HeckmoJm, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 256-89 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the 1989 P.C. CONCRETE PAVING PROJECT, and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW, THEREFORE, BE IT RE- SOLVED, that on the 21st DAY OF AUGUST, 1989, a public hearing will be held at 7:30 o'clock p.m. in the PUBLIC LIBRARY AUDITORIUM in the City of Dubuque at wblch time the owners of property subject to assessment for the proposed improvement or any other per- son having an tnterest in the matter may appear and be heard for or against the making of the improvement, the boun- daries of the district, the cost, the assess- ment against any lot, or the final adop- tion of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be publisbed once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its con- sideration. Unless property owners at the time of the final consideration of tl~s pr~- posed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member tGuesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 257-89 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the attached sheets, 1 to 17 in- clusive, are hereby deternfined to be the schedule of proposed assessments for the 1989 P.C. CONCRETE PAVING PRO- JECT mxd the valuations set out herein are hereby approved. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor 328 Regular Session, July 17, 1989 ATTEST: Mary A. Davis City Clerk Cotmcil Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Iteckmann, Khiesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of City Manager sub- mitring public bidding procedure for the Schinitt Island Wetland Excavation pfc- jeer, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 258-89 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 SCHMITT ISLAND WETLAND EXCAVATION PROJECT, in the estimated amount of $205,716.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 259-89 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its approval on the proposed form of contract and placed same on file in the office of the City Clerk for public inspection of the SCHMITI' ISLAND WETLAND EX- CAVATION PROJECT. NOW, THEREFORE, BE IT RE- SOLVED, that on the 21ST DAY OF AUGUST, 1989, a public bearing 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 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 less than four days nor more than twen- ty days prior to the day fixed for its con- sideration. At the bearhig, any interested · appear and file objections to the proposed plans, specifications, con- tract, or esthnated cost of the improve- nent. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Cotmcil Member Pratt moved adoption of the Resolution. Seconded by Council Member Heckmmm. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 260-89 ORDERING BIDS BE IT RESOLVED BY 'rite COUN- CIL OF THE CITY OF DUBUQUE, That the SCIIMITT ISLAND WETLAND EXCAVATION pROJECT is hereby ordered to be edvertised for bids for construction. BE IT FURTIlER RESOINED, that the amount of the security to accompany each bid shall be in an amount which Regular Session July 17, 1989 329 shall conform to the provisions of the notice to bidders hereby approved as a part of the plums and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements berein 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 15TH DAY OF AUGUST, 1989. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 21ST DAY OF AUGUST, 1989. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Planning and Zon- ing Commission advising of their ap- proval to rezone property at 2217 Queen Street as requested by Stephens- Mnivenna Partnership, presented and read. Council Member Pratt moved that tbe communication be received and filed. Seconded by Cotmed Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. An ORDINANCE Amending Zoning Ordinance by reclassifying property at 2217 Queen Street from R-2A Alternate Two-Family Residential District to PR Planned Residential District and approve a Conceptual Development Plan for elder- ly housing apartments, presented mxd read. Council Member Pratt moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- lng be held on the proposed Ordinanee on the 7th day of August, I989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the mariner prescribed by law. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Planning and Zon- lng Commission advising of their ap- proval to rezone property east of Cedar Cross Road form AG to CS, and also ad- vising of their denial to rezone property on west side of Cedar Cross Road h'om AG and R-I to CS Commeraial Service and Wholesale District as requested by Ben Erscben, presented and read. Council Member Pratt moved that the communication be received and filed, Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. An ORDINANCE Amending Zoning Ordinance by reclassifying property at and adjoining 205 Cedar Cross Road from AG Agricultural and R-1 Single Family Residential to CS Commercial Service and Wholesale District, presented and read. Council Member Pratt moved that this be the first reading of the Ordinance and that it be set for Hearing on August 7, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in tbe manner prescribed by law. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent-- Council Member Simon. Communication of Skir]ey McDermott requesting to address the Council regard- lng the City residency of City employees, presented and read. Council Member Pratt moved that the communication be received and filed. !ill 330 Regular Session, July 17, 1989 Seconded by Council Member Voetberg. Cazried by the following vote: Yeas- Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-Mayor Brady. Absent-Council Member Simon. Communication of CiCy Managor responding to communication and fur ther requesting reaffirmation of our residency requirements, presented and read. Council Member Pratt moved that the communication be received and filed and reaffirmed Manager's policy. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-Mayor Brady. Absent-Council Member Simon. Petition of Jeanne Quann requesting to address Che Council regarding the cut- ting of trees as part of City Sidewalk In- spection program; Petitions of Mrs. C.J. LeCocq and Mark and Donna Gibson submitCing comments regarding trces be- ing removed, presented and read. Council Member Pratt moved that the petitions be recevied and filed. Second- ed by Council Member Heckmatm. Car- ried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Simon. Communication of City Manager responding to petition; recommending reaffirmation of tree policy; concur in im- plementation of said policy and re- questing approval to purchase a tree a roof pruner ($10,000), presented and read. Council Member Pratt moved that the communication be received and filed and approved purchase of tree root pruner in the amount of $10,000. Seconded by Council Member Heckmann. Cazried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Simon. Council Member PratC moved further to amend the City of Dubuque Street Tree and Landscaping on Public Rightr of-Way Policy to read: "GENERAL RE- QUIREMENTS 8. Street trees found to be causing cracking or raising problems with sidewalks or streets or causing in- tersection sight problems or other safe- typroblems will be removed by the City, only when it cannot be saved or roots can not be pruned properly, and if Che owner fails to repair the sidewalk and maintain iC in n safe manner. Sidewalks shall not be cut around trees without approval of City Administrtttiou and adjoining pro- perty owner' ; and also reaffirmed the bttlance of the Tree Removal Policy. Seconded by Council Member Heck- mann. Carried by the following voce: Yeas-Mayor Brady. Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent- Council Member Simon. Communication of Airport Connmis- sion Chairperson requesting approval of a resolution to execute application for EAS'PIP Funds, presented and read. Council Member Kluesner moved that the wmmunication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Voetberg. Nays- None. Absent-Council Member Simon. :. -~.,.-=. e,,,-.. ~... -- -r_.. RESOLUTION NO. 2G1-89 AUTHORIZING APPLICATION FOR ESSENTIAL AIR SERVICE TERMINAL IMPROVEMENT PROGRAM (EASTIP) FUNDS WHEREAS, the City of llubuque desires to apply for Essential Air Ser- vice Terminal Improvement Program (EASTIP) Funds to accomplish certain improvemenCs at the Dubuque Regional Airport consisting of: Completion of food preparation area; Completion of passenger seating and miscellaneous furnishings; Completion of exterior renovation to autoside; Completion of exterior sidewalk replacemenC/landscaping and curbside seating; Dedication plaque; New baggage conveyor; Provide funding for marketing, adver- tisingand public relations programs; and WHEREAS, the City of Dubuque en- dorses said project; and WHEREAS, the City of Dubuque agrees to maintain improvements fund- ed by EASTIP. NOW, THEREFORE, be it resolved that on the 17th day of July, 1989, the Regular Sessio 1, July 17, 1989 331 Dubuque City Council did authorize Lhe Chairman of the Airport Commission to sign the application for an EASTIP pro- jeer on behalf of Lhe City of Dubuque. Passed, approved and adopted this #7th day of Jnly, 1989. James h. Brady Mayor A'1"1'ES'1' Maly A. Davis OitV Clerk Council Member Kluesner moved adop lion of the Resolution. Seconded by Comrcil Member L'ratt. Caxa~ied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmaxm, Klnesncr, Pratt, Voetberg. Nays-None. Absenl~Council Member Simon. Communication o[ Planning and Zon- ing Cauunission requesting that Council remove the Ordinance regarding W ater- fronLDistricts, return iL Lo Lhe table for discussion and final action, presented and read. Council Member Pratt moved that rho comnnunicaLion be received and filed. Seconded by Council Member lleck- mann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Ieckmann, Kluesner, Pratt, Vootberg. Nays-Nona Absent-Council Mernber Simon. Council Member Pratt moved that this be considered the first reading of Lhe Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage al two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be Geld on the proposed Ordinance on Lhe 7th day of August 1989 aL 7:80 p.xn. in the Public Library .ludrtorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by Lhc following vote: Yeas-Mayor Brady. Council Members Deich- Heckmann. Kluesner, Pratt. Voetberg, Nays None. Absent-Council Member Simon. Upon further motion, Counci] Member Voetberg moved concurrence with Plan- ning and ''/,oning~s denial of rest of area naL included in Ordinance "A". Second ed by Council Member Pratt Carried by the followmg vote: leas Mayor Brady, Council Members Deich Heckmann, Kluesner N'att Va tberg Yaps-None. Absent-Council Member Simon. Communication of Planting and Zon- ing Commission advising of their denial to rezone properly located behind 2727 Dodge Street from R-I and C-Z to CS and Wholesale District as requested by Beverly Miller d~b~e Sid's Beverage Stare, presented and read. Communication of Planning and Znn- ing advising of rezoning request from Dubuque County Historical Society Lo reclassify the building wnrmon~}• tmown tts Lhe Engineer's Ltd. Building located east of Bell Street and south of East 'third Street [Yom HI to CR; and further advising of their denial to rezone that en- tire arse, prevented and read. Council Member Pratt moved that the communicatfon be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Simon. An ORDINANCE Amending Code of Ordinances, Appendix "A", by reclassi- fying property south of East Third Street and East of Bell Street from HI Heavy Industrial District to CR Commercial Recreation District, presented and read. Council Member Kluesner moved Lhe[ the communication be received and filed and concurred with denial of P & Z. Seconded by Council Member Voetberg. Carriud by the following vote: Yeas - Mayor Brady, Council Members Heck- mann, Kluesner, Pratt. VoeLherg. Nays-CouncIl Member Deich. Absent- Council Member Simon. Beverly Miller d/b/a Sid's Beverage re- quested Council consider setting the mat- ter for a public bearing. Jim Lammers, John Scholz and Cathy Ragsdal addressed the Council and re- quested concurrence with Planning & Zoning to deny the request. Communication of City Manager re- questing approval of an application to HUD £or Section 8 Program Housing Vouchers and also approve the hiring of a part-time clerk typist (.GO FTC, presented and read. __. 332 Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Voetherg. Nays--Council Member Deich. Absent-- Council Member Simon. RESOLUTION NO. 262-89 A NEW RESOLUTION AUTHOR- IZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICI- PATE IN THE SECTION 8 HOUSING VOUCHER PROGRAM. WHEREAS, the City of Dubuque recogrfizes the continuing unmet need for provision of assisted housing to the City's qualifying lower-income house- holds and families; and WHEREAS, the U.S, Department of Housing and Urban Development has in- vited the City to make application for additional Section 8 Housing Voucher Proga'am funds; and WHEREAS, and in accordance with Section 403A,5 of the Iowa Code wiffch states "A municipality or a 'Municipal Hou~mg Agency' may not proceed with a housing project until a study or a report trod recommen- dation on housing available within the commmffty is made public by the municipality or agency and is included in it recommendations for a housing project. Recommenda- tions must receive majority ap- proval from the local governing body before proceeding on the housing project." AND IN ACCORDANCE WITH Section 213(c) of the Housing and Community Development Act of 1974, which states in part that we must dc[ermine whether or not there is a need for such housing assistance, taking into considera- tion any applicable State or areawide housing assistance plan as wall as generally available data witch respect to population, pover- ty, housing overcrowding, heu~mg vacancies and substandard hous- ing. An application may be ap- proved orly ii our determination is in the affirmative; and Regular Session, July 17, 1989 YHEREAS, tiffs application is consis- ;ent with the 1988-91 Housing Assis- tance Plem for the City of Dubuque as ap- proved by the HUD Area Office in December, 1988. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF ?HE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque ~as determined there is a need for addi- tional housing assistance and is knowledgeable of the status of available housing within the City as required by Iowa Code and that majority approval of the proposed housing activity within the City's jurisdiction is hereby granted. Section 2. That this resolution is in- ended to serve as the City of Dubuque's inal notice to the U.S. Department of Housing and Urban Development of such approval and that no additional comment will be made by the City of Dubuque on this matter. Section 3. The Mayor is authorized and directed to submit an application to the U.S. Department of Housing and Urban Development for participation in the Sec- tlon 8 Housing Voucher Program. Sec[ion 4. Tlie City of Dubuque Hous- ing Commission has met and conducted tbe necessary public hearing regarding this application in accordance with re- quirements of Chapter 40).A.28 of the Code of Iowa, and has reviewed and ap- proved the plans for program design and odministration of this proposed program. Section 5. The City Manager is hereby authorized and directed to forward said application and resulting standard ex- ecuted contract to the respective agen- cies in a timely fashion and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: 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 Heckmann, Kluesner, Regular Session, July 17, 1989 333 Pratt, Simon, Voetberg. Nays Council Member Deich. Absent--Council Mem- ber Simon. Communication of City Manager re- questing authority to enter into a Letter of Agreement with Martin E. Segal Com- pany to provide group insurance con- sulting and actuarial services for the City of Dubuque, presented and read. Council Member Kluesner moved that the communication be received and filed and approved authority to enter into agreement. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Pratt, Voetberg. Nays--Mayor Brady, Council Member Heckmmm. Absent-- Council Member Simon. Communication of City Manager sub- mltting Ordinance providing for recodi- fication work on the City Code, presented and read. Council Member Kluesner moved that the communication be received and fried. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. ORDINANCE NO. 34-89 AN ORDINANCE READOPTING THE CODIFICATION OF ALL OR- DINANCES OF THE CITY OF DU- BUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OF IMPOSING A FINE OR PENALTY INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDI- NANCES AND PARTS OF ORDI- NANCES OF A GENERAL OR PUB- LIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO DECEMBER 19, 1988, EX- CEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFER- ENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDI- NANCE SHALL BE IN FULL FORCE AND EFFECT, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 34-89 AN ORDINANCE READOPTING THE CODIFICATION OF ALI, OR- DINANCES OF THE CITY OF DU- BUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDI- NANCES AND PARTS OF OR- DINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO DECEMBER 19, 1988, EX- CEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REF- ERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDI- NANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, pursuant to Ordinance No. 55-76, adopted November 1, 1976, after a duly convened public hearing, the City Council of the City of Dubuque, Iowa, adopted a Code of Ordinances with an etfec[ive date of December 3, 1976, as provided in Section 380,8 of the Iowa Code; and WHEREAS, Section 380.8 of the Iowa Code provides that at least once every five years, a city shall compile a set of ordinances to be adopted by an or- dlnance; and WHEREAS, pursuant to Ordinance No. 63-81, adopted November 16, 1981, the City Council of the City of Dubuque, Iowa, readopted the said Code of Or- dinances with an effective date of December 3, 1981, as provided in Section 380.8 of the Iowa Code; and WHEREAS, pursuant to Ordinance 334 No. 93-86, adopted November 3, 1986, the City Council of the City of Dubuque, Iowa, readopted the said Code of Or- dinances, wltix an effective date of November 17, 1986, as provided in Sec- tion 380.8 of the Iowa Code; and WHEREAS, the City Council has determined that the Code of Ordinances should be adopted, as edited and com- plied without change in substance, as provided in Section 380.8 et the Iowa Code. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Code of Ordinances Readopted. That the proposed Code of Ordinances of the City of Dubuque, Iowa, printed by the Municipal Code Corpora- tion, Tallahassee, Florida, heretefore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 46, with Appendix A and Ap- pendix B, and including references te codes adopted by reference, a printed copy of which is attached hereto and in- corporated herein by reference the same as if set out in herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa." Section 2. Ordinances Repealed. That all ordinances of the City of Dubuque, Iowa, of a general mad permanent nature, enacted on or before December 19, 1988, and not contained in said Code or recognized and continued in force by reference tixerein are hereby repealed from and after tt~e effective date of said Code, except as hereinafter provided. Section 3. Effect of Repeal; Ordinm~ces Saved. That the repeal provided for in Section 2 hereof shall not affect any of the following: {a) Any offense or act committed or any penalty or forfeiture incurred or any con- tract or right established or accrmng before the effective date of said Code; (b) Any ordinance promising or guaranteeing the payment of money to or from the City, or authorizing the is- suance of any bonds or other evidence of indebtedness; (c) Any appropriation or budget ordinance; (d) Any ordinance establishing tim com- pensatlon of any City officer or employee; Regular Session, July 17, 1989 e) Any contract or obligation assumed by tt~e City; {f) Any ordinance relating to the pur- chase, condemnation, acquisition or dedicatian of property for public use; (g) Any ordinance dedicating, estab- llsinng, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way; (h) Any ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other public way; (i) Any ordinance au~horlzlng, directing or otherwise relating to any public improvements; (j) Any ordinance establishing or changing ~he limits of the City or pertain- ing to consolidations, annexations or {k) Any ordinance levying general or special taxes or special assessments; (1) Any ordinance granting pensions for retired officers and employees; (m) Any ordinance granting any right, easement or franchise to any firm or corporation; tn) Any zoning ordinance, or amend- ment of the City's zoning map; {o) Any ordinance prescribing traffic regulations for specific streets or areas, one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting, restricting, limiting or otherwise regu- lating the stopping, standing or parking of vehicles on specific streets or m specific areas; (p) Any ordinance establishing rates and charges for, or fees for connection to any utility service, not inconsistent with tins Code; (q} Any ordinance wlfich, by its own terms, expires after a specified time, or on the prescribed date; and (r) Any ordinance enacted on or after Decembex 19, 1988. The repeal provided for by Section 2 hereof shall not be construed to revive Regular Session, any ordinance or part thereof that has been repealed by a subsequent ordinance repealed by this ordinance. The above enumeration of exceptions shall not be held or deemed to be ex- clueive, it being the purpose and inten- tion of tiffs ordinance to exclude from repeal any and all ordinances not of a general nature. Section 4. Severabillty of Provisions. That each chapter, and any and all sub- division of said Code hereby readopted, is independent of every otimr chapter and subdivision thereof, and the invalidity of any other clmpter or subdivision thereof, shall not invalidate any other chapter or subdivision thereof. Section 5. Official Copy. That the City Clerk shall attach to the official copy of the Code of Ordinances hereby readopted and attached hereto, the City Clerk's official certificate showing such readop- tion and the effective date thereof, and shall retain the said copy and certificate on file in this office where copies of the same shall be subject to public inspection and for sale to the public. Section 6. Amendments. That any ad- ditions or amendments to this Code when passed as ordinances amending this Cede and which indicate the intention of the Council to make the same a part hereof shall be deemed to be incorporated in this Code so that a reference to the Code of Ordinances, City of Dubuque, Iowa, shall be understood to include them. Section 7. Distribution of Copies. That all printed copies of the Cede shall be deposited with the City Clerk for distribution. Tt~e City Clerk may sell printed copies of said Code at the cost established by the City Clerk. Section 8. General Penalty. That the doing of any act prohiinted or declared to be unlawful or an offense by said Code of Ordinmmes, or the commission or failure to perform any act or duty re- quired by said Code, shall unless another penalty is specified, be punishable by a fine in a stun not exceeding one hundred dollars {$100.00) or imprisonment not to exceed thirty (30) days. The penalty herein provided shall be cmnularive with and in addition to the revocation, can- cellation or forfeiture of any license or permit elsewhere in tins Code provided for violation thereof or for civil penalties or violations of municipal ordinances. July 17, 1989 335 Section 9. Effective Date. Tha~ tins or- 9. inclusive, readoptlng the proposed Code of Ordinances of the City of Du- buque Iowa, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 46, with Appendix A and Appendix B, and including codes adopted by reference and all subdivisions of the same, the same being designated as the "Code of Ordinances, City of Dubuque, Iowa," is in full force and effect from and after the and publication of tins ordi- nance, according to law, and the Code of Ordinances, City of Dubuque, Iowa," shall be in full force and effect from and after the publication of tins Ordinance No. 34-89. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tiffs 20th day of July. 1989. Mary A. Davis City Clerk it 7/20 Council Member Khiesner moved this be considered the Ih'st reading of the Or- dinance, and that the requirement that a proposed Ordinance be coneidered and voted on for passage at two council meetings prior to the meeting at wtfich it is to be finally adopted be suspended and further moved final edoption of the Ordinance. Seconded by Commil Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Voetberg. Nays--None. Absent--Council Member Sin~on. Commuincation of City Manager re- questing authority to proceed with a pay classification study of all nonbargeiafng unit employees in an amount not to ex- teed $25,000, presented and read. Council Member Kluesner moved that the commuafcation be received and filed and request approved. Seconded by Council Member Pratt. Vote on the mo- tion was as follows: Yeas--Couneil Member Pratt, Voetberg. Nays--Mayor 336 Brady, Council Members Daich, Heck- xnann, Kluesner. Absent--Councri Mem- ber Simon. Council Member Kluesner advised of his intent to ask for a reconsideration of the action at the next meeting. Communication of City Manager recommending acceptance of Warranty Deed from First National Bank for pro- perty located at 1300 Main Street, presented and read. Council Member Voetherg moved that the commmfication be received and fried. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann. Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 263-89 A RESOLUTION APPROVING THE PURCHASE OF REAL ESTATE AT 1300 MAIN STREET, IN THE CITY OF DUBUQUE. WHEREAS, tile City of Dubuque has purchased the real estate at 1300 Main Street, Dubuque, Iowa; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque hereby approves the acquiai- tion of the following legally described real estate from The First National Bank of Dubuque: The South one fifth of Out Lot 464 in the City of Dubuque, Iowa, ac- cording to the United States Com- ~nissioners' plat of the survey of the Town of Dubuque for the purchase price of One hundred forty thousand and no/100 dollars ($140,000.00). Section 2. The City of Dubuque be and is hereby authorized and directed to ac- cept a Warranty Deed from The First National Bank of Dubuque. Section 3. The City Clerk be and is hereby directed to cause said Deed to be recorded in the office of the Dubuque County Recorder, together with a cer- tified copy of this Resolution. Section 4. The City Clerk be and is Regular Session, July 17, 1989 hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 17th day of July, 1989. James E. Bredy Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution. Seconded by Cotmcil Member Pratt. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, FJuesner, Pratt, Voetherg. Nays--None. Absent--Council Member Simon. Communication ot City Manager sub- mitring Ordinances relating to traffic control regulations which are needed for the opening of the Northwest Arterial between Asbury Road mid J.F.K. Road scheduled for late July, 1989, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Daich. Cea-- ried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heck- mann, Kluesner, Pratt, Voetberg. Nays-- None. Absent--Council Member Simon. OFFICIAL PUBLICATION) ORDINANCE NO. 36,89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADD- ING THE NORTHWEST ARTERIAL BETWEEN ASBURY ROAD AND JOHN F. KENNEDY ROAD TO SUBSECTION (c) OF SECTION 32-231 THEREOF PROVIDING FOR THE ESTABLISHMENT OF A FORTY- FIVE (45) MILES PER HOUR SPEED LIMIT NOW, THEREFORE, BE IT OR- DAINED by the City Council of tbe City of Dubuque, Iowa: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amendi ed by deleting the Northwest Arterial from Subsection (c) of Section 32-231 thereof ~s follows: "Sec. 32-231. Limits Generally. Regular Session, July 17, 1989 337 (c) Forty-Five (45) Miles Per Hour Northwest Arterial, U.S. Highway 20 to a point six hundred (600) feet south of Pennsylvania Avenue. Northwest Arterial, Asbury Road to a point six hundred (600) feet north of Pennsylvania Avenue." Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding the Northwest Arterial to Subsection (c) of Sectio~l 32-231 thereof as follows: "Sec, 32-231. Limits Generally (c) Forty-Five (45) Miles Per Hour Northwest Arterial, U.S. Highway 20 to a point six hundi'ed (600) feet south of Pennsylvania Avenue, from a point six hundred (600) feet north of Pennsylvania Avenue to a point six hundred (600) feet south of Asbury Road, and from a point six hundred (600) feet north of Asbury Road to John F. Kennedy Road." Section 3. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by deleting the Northwest Arterial from Subeection (c) of Section 32-231 thereof as follows: "Sec. 32-231. Limits Generally. Thirty-Five (35) Northwest Arterial, from a point six hundred (600) feet south of Pennsylvania Avenue to a point six hundred (600) feet north of Pennsylvania Ave." Section 4. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding the Northwest Arterial to Subsection (c) of Section 32-231 thereof as follows: "Sec. 32-231. Limits Generally (c) Thirty-Five (35) Northwest Arterial, fi'om a point six hundred (600) feet south of Pennsylvania Avenue to a point six hundred (600) feet north of Pennsylvania Avenue. from a point six hundred (600) feet south of Asbury Road to a point six hundred (600) feet north of Asbury Road." Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of July, 1989. Mary A. Davis City Clerk it 7/24 Council Member Pratt moved this be considered the first reading of the Or- dlnance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to tbe meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg, Nays--None. Absent--Council Member Simon. (OFFICIAL PUBLICATION) ORDINANCE NO. 37-89 ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADD- ING THE NORTHWEST ARTERIAL BETWEEN ASBURY ROAD AND JOHN F. KENNEDY ROAD TO SUB- SECTION (d) OF SECTION 32-262 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING 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 Northwest Arteriai from Subsection (d) of Section 32-262 thereof as follows: "Sec. 32-262. P£ohibited or Designated Streets or Portions Thereof, (d) No-parking-at-any-time zones designated 338 Northwest Arterial, both sides, from U.S, Highway 20 to Asbury Road." Section 2. That the Code of Ordinances o£ the City of Dubuque, Iowa be mnend- ed by adding the Northwest Arterial to Subsection (d) of Section 32-262 thereof as follows: "Sec. 32-262. Prohibited or Designated Streets or Portions Thereof. (d) No-parking'at"any'time zones designated Northwest Arterial, both sides, from U.S. Highway 20 to John F. Kennedy Road" passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of July, 1989. Mary A. Davis City Clerk It 7/24 Council Member Pratt moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordlntmce. Seconded by Council Member Da:ch. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, He&mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. (OFFICIAL PUBLICATION) ORDINANCE NO. 38-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PRO- VIDING FOR THE CHANGE IN DES- IGNATION OF STOP SIGNS AT THE INTERSECTION OF THE NORTH- wEST ARTERIAL AND ASBURY ROAD, AND THE DESIGNATION OF STOP SIGNS AT THE INTERSEC- Regular Session, July 17, 1989 TION OF THE NORTHWEST AR- TERIAL AND JOHN F. KENNEDY ROAD 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 Northwest Arterial from Subsection (b) of Section 32,214 thereof as follows: "Sec. 32-214 Stop Intersections. lb) NORTHBOUND Northwest Arterial and Asbury Road." Section 2. That tile Code of Ordinances of the Cty of Dubuque~ Iowa be amend- ed by adding the following streets to Subsection (b) of Section 32-214 thereof "Sec. 32-214. Stop Intersections. (b) EASTBOUND AND WESTBOUND Asbury Road and tile Northwest Arterial EASTBOUND Northwest Arterial ~ad Jot~n F. Ken- nedy Road." Passed. approved and adopted this 17th day of July, 1989. James E. Brady Mayor Mary A. Davis City Clerk ' in the Telegraph Herald this 24th day of July, 1989. Mary A. Davis City Clerk It 7/24 Council Member Pratt moved this be conaldered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended l further moved final adoption of the Ordhiance. Seconded by Council Member Deich. Carried by tile following vote: yeas--Mayor Brady, Council Members Delch, He&mann, Klneaner, Pratt, Regular Session, July 17, 1989 339 Voetberg. Nays--None. Absent--Cotmcil I B&ke, Dave Bonnett and E. Eugene Perry. Council Member Deich voted for Member Simon. 11:59 p,m. -- Council recessed. 12:07 a.m. -- Council rcconvened. Communication of City Manager recommending City terminate its plans for barge fleeting and leave the matter te the interests of the private sector, was presented and read. Council Member Pratt moved to receive and file the communication and approve recommendation. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Deicb, Heckmann, Kluesner, Pratt, Voetberg. Nays--Mayor Brady. Absent--Council Member Simon. Communication of Dubuque Conven- tion and Visitors Bureau requesthig ap- pointment of Council representation to their bureau, presented and read. Council Member Khiesner moved tkat Council Member Jim Heckmann be ap- pointed as the Council representation to the Bureau with Council Member th-att as alternate. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich~ Heckmann, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Member Simon. Communication of Dubuque County Board of Supervisors requesting Coun- cil ~o make application for RISE funding for the Northwest By-Pass, presented and read. Council Member Khiesner moved that the communication be received and filed and authorized City staff to work with Supervisors to see what can be done regarding available RISE funding. Se- conded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Da:ch, Heck- mmm, Kluesner, Pratt, Voetberg. Nays-- None. Absent--Council Member Simon, BOARDS AND COMMISSIONS APPOINTMENTS: FIVE FLAGS CIVIC COMMISSION -- Three 3-Year terms wtfich will expire 6-29-92. APPLICANTS: Rod Bakke, Dave Bonnett, Robert Hummel, E. Eugene Perry, Greg Cigrand. Vote on the appointmente was as follows: Mayor Brady voted for Rod Rod Bakke, Dave Bonnett & E. Eugene Perry. Council Member Heckmann voted for Rod Bakke, Dave Bonnett, and E. Eugene Perry. Council Member Khiesner voted for Rod Bakke, Dave Bonnett and Greg Cigrand. Council Member Voetberg for Rod Bakke, Dave Bonnett and Greg CigTand, Council Member Pratt voted for Rod Bakke, Dave Bormett and E. Eugene Perry. Therefore, Rod Bakke and Dave Bonnett were reappointed and E, Eugene Perry was appointed to a three year term on the Five Flags Civic Center Commission which will expire 6-29-92. DOCK BOARD -- One unexpired term which will expire 11-26-90. AP- PLICANTS: Everett Flynn and David Rusk. Mr. Rusk spoke. Mayor Brady voted for David Rusk. Council Member Da:ch voted for Everett Flyrm, Council Member Heckmann voted for David Rusk. Council Member Klues- ncr voted for E. Flynn. Council Member Pratt voted for David Rusk. Council Member Voetberg voted for David Rusk. Therefore, David Rusk was appointed to an unexpired term on the Dock Board which will expire 11-26-90, LIBRARY BOARD -- Three six year terms which will expire July 1, 1995. AP- Sara Lud- wig, Diane O'Dall, Ralph Scharnau, Paul "Keith' Shearer, Sharon Smith, Brian Southwood. Vote on tt~e appointments was as follows: Mayor Brady voted for Shearer, Smirk and Southwood. Council Member Deich voted for Shearer, Smith and Southwood. Council Member Heckmtmn voted for O'Deil, Smith and Southwood. Council Member Kluesner voted for Han- non, O'Dell and Smith. Council Member voted for O'Deil, Shearer, and Southwood. Council Member Voetberg voted for O'Deil, Smith and Southwood. Therefore, Diane O'DelL Sharon Smith and Brian Southwood appointed to the Library Board for six year terms which will expire 7-1-95. PARK AND RECREATION COMMIS- SION -- Three 3-Year terms which will expire 7-30-92. Applicants: Mike Bualow, Linda Ehlers, Paul Hoffmann, Charles Isenhart, Robert Reisch, Sally Madden, Mark Sullivan. '¸ii 340 Regular Session, July 17, 1989 Vote on the appointment was as follows: Mayor Brady voted for Buelow, Ehlers, and Hoffmann. Council Member Deich voted for Buelow, Hoffmann and Sullivan. Council Member Heckmann voted for Buelow, Hoffmann and Sulfi- van. Council Member Kluesner voted for Buelow, Ehlers and H'offmann. Council Member Pratt voted for Buelow, Hoff- mann and Sullivan. Council Member Voetberg voted for Bueinw, Madden and Sullivan. Therefore, Mike Buelow, Paul Hoffmann and Mark Sullivan reap- pointed to the park and Recreation Com- missinn for a three year term which will expire June 30, 1992. TRANSIT BOARD -- One three year term which will e×pire 7-30-92. APPLI- CANT: Genevieve Heathcote. Council Member Kinesner moved that Genevieve Heathcote be appoint~l to the Transit Board for a term to expire 7-30-92. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Therefore, Genevieve Heathcote appointed to a thi'ee year term which will expire 7-30~92. TV CABLE REGULATORY COM- MISSION -- Two 3-Year terms which will expire 6-30-92. APPLICANTS: Gil Boultinghouse, Don Fryburger, Douglas Hilby. Vote on tile appointment was as follows: Mayor Brady voted for Boultinghouse and Hilby. Council Member Deich voted for Boultinghouse and Hilby. Council Member Heakmann voted for Boultinghouse and Hilby. Council Member Kinesner voted for Fryburger and Hilby. Council Member Pratt voted for Boultinghouse and Frybm'ger. Council Member Voetberg voted for Boultinghouse and Hilby. Therefore, Gil Boultinghouse and Douglas Hilby were reappointed to the TV Cable Regulatory Commission for a term to expire 6-30-92. TV CABLE COMMUNITY TELE- PROGRAMMING -- Three 3-Year terms which will expire 6-30-92. AP- PLICANTS: Brian Baker, Ernestine Kintzle and David Wolf. Council Member Kluesner moved that Baker, Kintzle and Wolf be appointed to three ~em' terms on the TV Cable Com- munity Teleprogramming Commission which will expire 6-30-92. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, tIeckmann, Khiesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 264-89 BE IT RESOLVED by thc City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette papers within said City. [ames H./Kathleen A. Jones -- KAJ Inc. The Bridge Restaurant/Lounge 31 Locust St. Phillip R. Love The Lounge 481 Locust St. Clara Johnson Lucky "13" Tap 385 E. 13th St. Jena, Inc. Oky Doky # 15 1545 S. Grandview Earl Schumacher Oky Daky # 5 2204 Central Ave. Wayne Paul Schullmeyer Paul's Tavern 176 Locust St. Craig J. Weiner Walnut Tap 709 University Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Me~nbers Deich, Heckmann, IeAuesner, Pratt, Vcetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 265-89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the san~e have been exmnined and approved; and Regular Session WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Perlewitz, Inc. Oky Daky # 11 1101 Rhomberg Ave (Also Sunday Sales) Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mm'y A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resointiom Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Vcctberg. Nays--None. Absent--Council Member Sbnon. RESOLUTION NO. 266-89 WItEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the stone have been exan~ned and approved; and WHEREAS, The premises to be oc- cupied by such applicants we~ inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Craig J. Weiner Walnut Tap 709 University Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor July 17, 1989 341 ATTEST: Mm.y A. Davis City Clerk Council Member I¢Auesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann. Kinesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Printed Council Proceedings for the month of January, 1989, presented. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Hock- mann, Kluesner, Pratt, Voetberg. Nays--None, Absent--Council Member Simon. MINUTES SUBMITTED: Airport Commission of 6-13; Housing Comm. of 6-13; Hunmn Rights Comm. of 6-12; Planning & Zoning Comm. of 6-7 and 6-21; Zoning Board of Adjustment of 5-25, presented and read. Council Member Voetberg moved that the minutes be received and fried. Second- ed by Council Member Deich. Carried by the following vote: Yeas Mayor Brady, Council Members Deich, Heckmann, Kluesner, Prat£, Voetberg. Nays None. Absent--Council Member Simom NOTICES OF CLAIMS/SUITS: Den his Cross, in aunt. of 393 for car dmnages; Debra Haight in mzknown mnount for car dmnages; Douglas Juergens in rant. of $102.71 for car dmnages; Leo McMahon by Attorney Larry Kurt in amount of $788.40 for personal injuries; Mark Michener in amount of $42 for improper towing charges; Donald Paimer, in esti- mated amount of $2000 for airplane damages; Susan Strizak in estimated amount of $186.13 for auto damages; Erin Warner in tmknown amount for per- sonal injuries, presented and read. Council Member Voetberg moved that the claim and suits be referred to the Legdi Staff for investigation and report. Seconded by Council Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hock- mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Regular Session, July 17, 1989 343 342 Regular Session, July 17, 198.__~9 Communication o~ec°nded by Council Member Public Health advisin~eview o~ Dalch. ~arried by the following vote: the sanitary features~or the new Munl- [ ye.as.--M~a, yo~r Brady, CK~uUensCnilerM. e~e~'ts. read. Member Simon. Council Member Voetberg moved that the communication be ~ecclved and filed. Seconded by Council Member Deich. Car- ried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Platt, Voetberg. Nays-- None. Absent--Council Member Simon. REFUNDS REQUESTED: Loras Col- lege (Beckman Hall) and Loras College (Binz H~I) in thc amounts of $100 for each place for cigarette licenses which were not renewed, presented and read. Council Member Voetberg moved that the refunds be approved and Finance Director to issue proper checks. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Corporation Counsel recommending deni~ciosure of car damage claims of Sandy Dietzel and car damage claim of Robert Scbiesl, presented and read. Council Member Voetberg moved that the communication be received and filed and approved recommendations. Second- ed by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, He&mann, Khiesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Proof of publication, cer tiffed to by the Publisber, on List of Claims for month of May, 1989, presented and read. Council Member Voetberg moved that the proof be received and filed. Second- ed by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckma~n, YAuesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. petition of Brutger Hospitality Group requesting refund of $11,000 which represented good faith monies that were deposited with the City for the downtown hotel, presented and read. Council Member Voetberg moved that the petition be referred to the City Communication of Attorney Wm. Fuerste, on behalf of John Ifail, pro- prietor of The Bridge Restaurant and Lounge, requesting Council to cause such taken as will permit a non- circuitous freeway traffic access to his presented and read. Mr. Fuerste spoke to the petition. Council Member Pratt moved that this matter be referred to the City Manager if options or alternatives available, ~ Council Member Voetberg. Carried by tbe following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of City Manager re- questing authorization for Release of Funds for the neighborhood related im- provements and Job Market, Ltd, Du- buque College of Business Community Development Block Grant Projecte, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Deich. Car- ried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kfuesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 267-89 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR OF FUNDS FOR THE NEIGHBORHOOD RELATED IM- PROVEMENTS AND JOB MARKET, LTDJDUBUQUE COLLEGE OF BUSINESS COMMUNITY DEVELOP- MENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuque, Iowa, in conformance with the Eh- Procedures for the Community Development Block Grant Progrmn, convened au Ad Hoc Commit- tee on June 26, 1989 which completed an environmentel assessment of the follow- ing community Development Block Grant Projects: 1) Neighborhood Related hnprove- 2) Job Market, LtA./Dubuque College WttEREAS, pursuant to Resolution No. 251-89, adopted July 5, 1989, public notice of a "Finding of No Significant Ef- fect on the Environment" for the above projects was published July 7, 1989 in tbe Dubuque Telegraph Herald, a news- paper of generai circulation, and provid- ed for a public comment period until 12:00 N~oon on Friday, July 21, 1989; and WHEREAS, public notice of a "Find- lng of No Significant Effect on the En- vironment'' for the projects was sent by regulm' mail to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed ~o be ap- propriate to review such a public notice; WHEREAS, any and all objections, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Hous- ing and Urban Development for tbe release of funds to carry out the above identified projects, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmentai Review Record for the projects shall con- tinue to remain on file in the Office of the City Clerk where said records may be ex- mnined and copied by interested parties. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S, Depm't- ment of Housing and Urban Develop- ment a request for release of funds to undertake tbe said projects. Passed, approved and adopted this 17th day of July, 1989, James E. Brady Mayor ATTEST: Mary A. Davis City Cierk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Deich, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Iowa Department of qYanspo~tation advising of dismissal of condenmation of certain rights in land by Iowa Depart- ment of Transportation for Mole Oil Company and advising of Notice of Ap- praisement of damages and time for ap- peal for Robert Kehl property, presented and read. Council Member Voetberg moved that the notice be received and filed. Second- ed by Council Member Dcich. Carried by the following vote'. Yeas--Mayor Brady, Council Members Delch, Heckmmm, Kluesner, Pratt, Voetberg, Nays--None. a~bsent Council Member Simon. Request by Council Member Voetberg for sponsorship of an event at Eagle Point Park, presented. RESOLUTION NO. 268-89 A RESOLUTION SUPPORTING CTIY CO-SPONSORSHIP OF EVENT FOR MBA STUDENTS AT THE UNIVERSITY OF DUBUQUE, CLARKE COLLEGE AND LORAS COLLEGE. WHEREAS, Pacific Heartland Trading Company has agreed to sponsor an event where Eastern and South- eastern Asian students working towards heir master's hi business adirfinistration may get together with business and political leaders in the comnmnity; and WHEREAS, the City of Dubuque sees ,his as an event important to the develop- ment of a network of support for these students in the co~mnunity; and WHEREAS, thc City of Dubuque sees this event as an opportunity to build upon the education that tbe students arc receiving from the colleges in the City; and WHEREAS, the City of Dubuque sees this as a new opportunRy to further the goodw~l between the Asian students and our community. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectioo 1. That the City of Dubuque 344 Regular Session July 17, 1989 agrees to co-sponsor an event at Eagle Point Park on July 23, 1989 with Pacific Heartland Trading Company which will benefit the Eastern and Southeastern Asian students in the Master of Business Administration Programs at the Univer- sity of Dubuque, Clarke College and Loras College. Passed, approved and adopted this 17th day of July, 1989. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. There being no further business, Coun- cil Member Voetberg moved to adjourn the meeting at 12:57 a.m. July 18, 1989. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klues- ner. Voetberg. Nays--Council Member Heckmann. Abstaln--Councll Member Pratt. Abseai;--Councll Member Simon. Mary A. Davis City Clerk Approved __ -- 1989 Adopted __ 1989 Mayor Council Members ATTEST: City Clerk Special Session, July 28, 1989 345 CITY COUNCIL OFFICIAL Special Session, July 28, 1989 Council Met at 9:30 a.m., Conference Room "B', City Hall. Present--Mayor Brady, Council Members Daich, Heckmann, Pratt, Voet- berg, Assistant City Manager Stephani Johnson, Corporation Counsel Barry A. Lindalll. Absent--Council Members Kluesner, Simon, City Manager W. Kenneth Gearhart. Mayor Brady read the call and stated tills is a SPECIAL MEETING OF THE CITY COUNCIL CALLED FOR THE PURPOSE TO ACT UPON A LIQUOR LICENSE APPLICATION. RESOLUTION NO. 269789 WHEREAS. Applicatinns for Liquor Licenses have been submitted to this Council for approval and the stone have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thercto and tbey 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 applic~mt(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE House of China, Inc 170 John F. Kennedy Rd, (Also Sunday Sales) Passed, approved and adopted this 28th day of July, 1989, James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Pcatt moved adoption of the Resolution. Seconded by Council Member Daich. Cra'tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Dalch, Pratt, Voetberg. Nays-- None, Abstain--Council Member Heck- mann. Absen~Councii Members Klues- neY, Simon. There being no further business, Coun- cil Member Voetberg moved to adjourn. Seconded by Council Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Pratt, Vcetberg. Nays--None. Abeent--Councll Members Kinesner, Simon. Meeting adjourned at 9:31 a.m. Karen M. Chcsterman Deputy City Clerk Approved 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk