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1989 August Council ProceedingsRegular Session, August 7, 1989 346 CITY COUNCIL OFFICIAL Regular Session, August 7, 1989 Council Met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Members Kluesner, Pratt. Mayor Brady read tbe call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. The invocation was given by Father Mlahael Sweeney, Associate Pastor of Nativity Catholic Church, PROCLAMATIONS: August 14-20 as "Mentally Handicapped Health Week" received by Cbuck Clancy; August 8-13 as "Dubuque County Fair Week" received by 4-H King Mark Weber and 4-H Queen Kim Westhoff; August 16-October 31st as "United Way Campaign Time" received by Tom Stecher. Presentation of S.P.I.R. LT. Action Certificate (People) to City Employee Francis Crimmins. proof of publication, certified to by the Publisher, on Notice of Heaving on Plans and Specifications for the Municipal (Nicholas J. Sutton) Pool Reconstruction presented and read. There were no v~-it- ten objections received mid no oral objec- tors present at the time of the Hearing. Cotmcil Member Heckmann moved to suspe~u] the rules te allow anyone present to address the Council if they should so desire. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Members Khiesner, Pratt. Cotmcil M~nber Heckmann moved that the proof of publication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, Pratt. RESOLUTION NO. 270-89 RESOLUTION ADOPTING pLANS AND SPECIFICATIONS WHEREAS, on the 28TH DAY OF JUNE, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the MUNICIPAL POOL RECON- STRUCTION. WHEREAS, notice of bearing on plans, specifications, fornl of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as thc plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckniarm n~oved adoption of the Resolution. Seconded by Council Member Simon. Cm'ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Abeent-- Council Members Kluesner, Pratt. proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for the project, AND Com- munication of City Manager recommen- ding to award contract for project, presented and read. Council Member Heck~nann moved that the proof of publication and tbe com- munication be received and filed. Second- ed by Council Member Simon, Carded by the following vote: Yeas--Mayor Brady, Couneil Members Deich, Heckmann, Simon, Vcetberg. Nays--None. Absent-- Council Members Khiesner, Pratt. 347 Regular Session RESOLUTION NO. 271-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the MUNICIPAL POOL RECONSTRUC- TION PROJECT pursuant to Resolution No. 240-89 and notice to bidders pub- lished in a newspaper published in the City of Dubuque, Iowa, on tbe 7th AND I4th OF JULY, 1989. WHEREAS, said sealed proposals were opened and read on the 31st DAY OF JULY, 1989, and it has been deter- mined that the bid of MERIT CON- STRUCTION COMPANY in the amount of $1,370,800 was the lowest bid for the furnishings of all labor and materials emd performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- ~ ~ ON provement be awarded to MERIr C - STRUCTION COMPANY and the Manager be and is bereby directed to ex- ecute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: 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, Heckmaun Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, th-att. Proof of publication, cerrfied to by the Publisher, on Notice of Public Hearing, to amend Zoning Ordinance to reclassify property at 2217 Queen St. from R-2A August 7, 1989 to PR District and approve a Conceptual Development Plan for Elderly Housing, presented and read. Council Member Heckmann moved that the proof of publication be received and filed. Seconded by Council Member Vcetberg. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg, Nays--None. Absent--Council Members Kluesner, Pratt. ORDINANCE NO. 39-89 kN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING PROPERTY AT 2217 QUEEN STREET FROM R-2A ALTERNATE TWO-FAMILY RESI- DENTIAL DISTRICT TO PR PLANNED RESIDENTIAL DIS- TRICT AND APPROVE A CONCEP- TUAL DEVELOPMENT PLAN FOR ~LDERLY HOUSING APART- MENTS, said Ordinance having been presented and read at the Council Meeting of July I7, 1989 presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 39-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING PROPERTY AT 2217 QUEEN STREET FROM R-2A ~LTERNATE TWO-FAMILY RESI- DENTIAL DISTRICT TO PR PLANNED RESIDENTIAL DIS- TRICT AND APPROVE A CONCEP- TUAL DEVELOPMENT PLAN FOR ELDERLY HOUSING APART- MENTS. WHEREAS, Stephens-Mulvenna Partnership, owner and applicant, has fried an application for zoning reclassification and conceptual develop- ment plan approval for hereinafter Regular Session described property in accordance with the provisions of the PR Planned Residential District regulations as set forth in Section 3-1.6 of the Code of Or- dinances, Appendix A thereof, of the City of Dubuque Iowa; and WIIEREAS, the Planning and Zoaing Commission has held a public hearing on said application for zoning reclassifica- tion and conceptual development plan pursuant to required published notice; and WHEREAS, the Plmming and Zoning Commission has approved said applica- tion for zoning reclassification and con- ceptual development plan subject to specific conditions and restrictions hav- ing found that said plan conforms with the review standards applicable to sual~ plans as set forth in Section 3-1.6D(4) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the planning and Zoning Commission rccommendc~l ti~e concur- rence of the City Council and approval of said application for zoning reclasslfica- tion and said conceptual development plan; and WHEREAS, the City Council has received the recommendaron of the Plan- ning and Zoning Commission and held its own public hearing on said conceptual development plan and said application for zoning reclassification pursuant to re- quired published notice; and WHEREAS, the City Council has ap- proved said conceptual development plan and said application for zoning reclassification subject to tbe same specific conditions and restrictions. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of tt~e City of Dubuque, Iowa, be mnend- ed by revising Appendix A tbereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, by reclassifying from R-2A Alternate Two-Family Residential District to PR Planned Residential District and for conceptual development plan approval of the follow- ing described property, to wit: Lot 35, Lot 36, Lot 5 of Lot 63 in Sanford Subdivision; and the August 7, 1989 348 North 40' of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 3-1-3; and to the center line of the adjoining public right-ofiway, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of tbe PR Planned Residen- ral District and the Zooming Ordinance of the City of Dubuque, Iowa, the use and improvement of the property hereinabove described for the PR planned Residential District shall be subject to the following conditions and restrictions. A. Use Regulations: The following regulations shall apply to all uses of land in the above-described PR Pl~mned Residential District: al Housing for the elderly, handi, capped or disabled, with a maximum of 20 dwelling units II. Accessory Uses: The folfuwhig uses shall be permitted as Any use customarily incidental and subordinate to the principal use it serves. · C. Site Development: Thc development, operation and maintenance of uses in the district shall be conducted in conformmme with the standards and regulations of the PR Planned Residential District. D. Lot and Bulk l~egulations: 1) All buildings and structures shall be malntalned with the existing front yard setback, and maximum building height of 35 feet. E. Perfor~nmme Standards: The development, maintenance of uses in this PR Planned Residential District shall be established in accordance with the standards of Section 3-1.6 of the Planned Residential District. F. Time Limitations: The conceptual development plan will be valid for a period of five years provided a final site devalopment plan is submit- ted within one yem' fi'om the date of approval. G. Site Plan Provisions: The site development standm'ds for tl~ese PR Planned Residential Districts shall be as follows: 1) The landscaping and screening re- quirements shall be established in accor- dance with the requirements of Section 349 Regular Session August 7, 1989 4-5 of tbe Zoning Ordinance of the City of Dubuque. All other site development standards of Section 4-4.6 of thc Zoning Ordinance shall also apply. fi. Parking Requirements: 1) The off-street pm-king reqniremcnts for the principal permitted use for the herein described PR Planned Residential District shall be five spaces for each dweiling unit. 2) Tbe parking lot should be brought in- to conformance with City standards within one year fi-om the date of adop- tion of this ordinance, I. Transfer of Ownership: Transfer of Ownerskip or lease of prope~~ ty in this PR Planned Residential District shall include in a transfer or lease agreement, the provision that the pur- chaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. Section 3. A final site development plan shall be approved by the City Planner if found to be in conformance with the ap- proved conceptual development plan. If found to be in conformance with said plan, ti~e issuance of building permits shall be permitted, Following approval of the final site development plan, no con- stractinn may take place except in substantial conformance with such plan. Passed, approved and adopted tiils 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tbis 11th day of August, 1989. Mary A, Davis City Clerk it 8/11 Council Member Heckmann moved final adoption of the Ordinance. Second- ed by Counail Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, tleck- mann, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, Pratt. I¥oof of publication, certified to by the Publisher~ on Notice of Public Hearing to consider reclassifying property at and adjoining 205 Cedar Cross Road frown AG and R-1 District to CS eu~d Wholesale District, presented and read. There were no objectinns received [a~d no oral objec- tors pre~ent at the time of tbe Hearing. Council Member Simon moved that the )roof of pubfication be received and filed and close tbe Public Hem-int. Seconded by Council Member Voetberg. Carried by tbe fnih)wing vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Simon, Voetherg. Nays-- None. Absent-- Council Members Kluesner, Pratt. Council Metal)er Simon moved that this be the second reading of an OR- DINANCE Amending Zoning Ordinance by reclassifying property at and adjoin- ing 205 Cedar Cross Road from AG Agricultural and R-1 Single Family Residential to CS Commercial Service and Wholesale District (Section i has been approved by the P & Z; Section 2 is area that was denied by Planning and Zoning). Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Me~nbers Kluesner, Pratt. Proof of publicatin, certified to by the Publisher, On Notice of Public Heating to consider reclassifying property south of East Third St. and East of Bell Street from HI Heavy Industrial District to CR Com~nercial Recreation District, AND Commuvicatinn of Molo Sand and Gravel Co. and Molo Oil Co. supporting "Original" rezoning request, but strongly opposing the request of the Planning and Zoning Commission AND an ORDI- qANCE Amending Zoning Ordinance by reclassifying property south of East Phird St. and East of Bell St. from HI Heavy Industrial District to CR Com- mercial Recreation District, presented and read. Council Member Heckmann moved that this matter be tabled and close the Public Hearing. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, th-att. Communication of Attorney Thomas McKay, on behalf of FDL Foods, Regular Session, August 7, 1989 350 requesting a partial release of FDL mort- gage with the City of Dubuque for pro- perties within the U.S. 61 Project, presented m~d read. Council Member Simon moved that the communication be received and filed. Seconded by Council Me~nber Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmmm, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, Pratt. RESOLUTION NO. 272-89 A RESOLUTION DECLARING THE INTENT OF THE CITY OF DUBUQUE, IOWA, TO DISPOSE OF INTERESTS IN CERTAIN REAL ESTATE. WHEREAS, FDL Foods, Inc. ex- ecuted and delivered a Real Estate Mort- gage to the City of Dubuque, Iowa, filed December 9, 1982, as Instrument No. 6742-82, in connection with UDAG Grant Agreement UDAG Grant Number B-81-AA-19-0016(4); and WHEREAS, Lot 2 of Binck 8 of Du- buque Packing Company Addition and Lot 2 of Lot 2 of Riverffont Subdivision No. 4, both in the City of Dubuque, Iowa, were mnong the real estate parcels described in said Mortgage; and WHEREAS, FDL Foods, Inc. sub- divided Lot 2 of Block 8 of Dubuque Packing Company Addition and Lot 2 of Lot 2 of Riverffont Subdivision No. 4 in- to Lots 1, 2, 3 & 4 of FDL First Addi- tion by a Plat approved by the City Council of ti~e City of Dubuque, Iowa, by Resolution 222-84, passed, approved and adopted July 16, 1984, which Plat was recorded July 17, 1984, as Instrument No. 5341-84, Records of Dubuque Coun- ty, Iowa; and WHEREAS, FDL Foods, Inc. entered into an Option Agreement granting Art Pape qYansfer, Inc., an option to pur- chase Lot 2 of FDL First Addition, dated July 11, 1984, filed August 3, 1984, as Instrument No. 5878-84; and WHEREAS, Art Pape Transfer, Inc. assigned all its rights under said Option Agreement to John P. Mihalakis and Ricbard L. Bilbneyer by an Assignment of Option Agreement dated and filed August 3, 1984, as Instrument No. 5879-84; and WHEREAS, the gv~a~t of this Option was in consideration of the release by Art Pape Transfer, Inc. of its previous Op- tinn to Purchase the land now platted as Lot 3 of FDL First Addition, whici~ was purchased by Iowa Department of Transportation from FDL Foeds, Inc. by direct conveyance to the City of Du- buque, Iowa, for street purposes; and WHEREAS, John P. Mihalakis and Richard L. BiHmeyer did, on dune 5, 1989, deliver written Notice of Exercise of Option; and WHEREAS, the liens of the City of Dubuque on tim property to be conveyed to Jolm P. Mihalakis and Richard L. Billmeyer need to be released to ex- pedite conveyance; and WHEREAS, said disposition of in- terest in real estate is supported by good and sufficient consideration; and WHEREAS, execution of a Partial Release of Real Estate Mortgage on behalf of the City of Dubuque is deter- mined to be in the public interest; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: It is the intent of the City Council of the City of Dubuque, Iowa, to release the liens arising out of a Mort- gage filed December 9, 1982, as Instru- ment No. 6742-82, as to the following described real estate located in the City of Dubuque, Iowa, only: Lot 2 of FDL First Addition to the City of Dubuque, Iowa, ac- cording to the recorded plat thereof, Instrument No. 5341-84, Records of Dubuque County, Iowa. Section 2: That the City Clerk is hereby directed to gdve notice in the manner re~ quired by law of a public heating to be held on August 21, 1989, at 7:30 p.m. in the Public Library Auditorium, llth and Locust Streets, in the City of Dubuque, Iowa, at which time and place all im terested parties will be given an oppor- tunity to be heard for or against the pro: posal to dispose of the real estate in- terests herein described, Passed, approved and adopted this 7th day of August, 1989. 351 Regular Sessio_____~n, August 7, 1989 James E. Brady Mayor AqYI'EST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of thc Resolution, setting Matter for public hearing and directing City Clerk to publish notice in the manner pre- scribed by law. Seconded by Council Member Heckmann. Can'ied by thc fal- lowing vote: Yeas--Mayor Brady, Coun- cil Members Deich, Iteckmann, Simon, Voetberg. Nays--None. Absent--Com~cll Members Kluesner, Pratt. Communication of City Manager sub- mitting a Resolution approving the sale of City-owned property at 1919 Elizabeth Place, presented and read. Council Member Simon moved that the con~mudicatinn be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon~ Voetberg. Nays--None. Absent--Council Members Kinesner, Ih'ate. RESOLUTION NO. 273-89 A RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY: LOT FIFTEEN (15), JACKSON SCHOOL SUBDIVISION, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, cOMMONLY KNOWN AS 1919 ELIZ- ABETH PLACE, DUBUQUE, IOWA. WHEREAS, the City of Dubuque had solicited and received an offer to purchase the above-referenced property, in the amount of $900, in accordance with an offer to buy real estate attached hereto; NOW, THEREFORE, BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the following legally-described property: Lot Fifteen (15), Jackson School Subdivision, City of Dubuque, Duin~que County, Iowa, according to the recorded plat thereof. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest ~nthe herein described real estate to William G. Grove, for the consideration of $900,00 and tbe terms of the offer to buy real estate attached hereto. Section 3. That this Council meet in the Carnegie Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, at 7:30 p.m. on the 21st day of Augnst, 1989 for the purpose of taking action on thc disposition of the herein described real estate in the City of Dubuque, Iowa. Section 4. That the City Clerk be and ;he is hereby authorized and directed to cause a notice to be published as pre- scribed under Chapter 364.7, Disposal of Property -- Code of lowa 1987 or as amended. Passed, approved and adopted tbis 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution, setting mat- ter for public hearing on August 21, 1989 at 7'.30 p.m. in the public Library Auditorium and that the City Cinrk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Members Khiesner, Pratt. Communication of tbe Planning and Zoning Commission advising of Wal- Mart Properties, Inc. request for rczon- lng reclassification and Conceptual Dcvalopment plan (ID & R-1 to PC planned Commercial District) for proper- ty; north of Dodge St., west of Collins St., and east of Princeton Place from R-1 Single-Fan21y Residential District and ID Institutional District to PC Planned Conm~ercial Disixict), presented and read. Counall Member Deich moved that the commuhication be received and filed and concur with planning and Zohing's denial. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Members Kinesner, Pratt. Regular Session Communication of Shive-Hattery Engineers and Architects, hic. for Wal- Mart Stores, Inc. requesting placement on Council Meeting agenda to speak con- cerning the Wal-Mart Stores, Inc. rezon- lng request, prior to Mayor and Council's considera~on of this matter; Conununica- ~on of George F. Kanz, P.E. of Shive- Hattery Engineers and Architects, Inc, addressing list of engineering concerns related to the rezoning request and development of the rezoned parcel; Com- municatinn of Patricia Can', of 1950 St. Joseph St,, requesting time on Council agenda, to address neighborhood con- cerns relative to Wal-Mart presentation; Communications from the following ob- jecting to Wal-Mart Properties, Inc. pro- posal for rezoning and location of a Wal- Mart Store on the University of Dubuque property; R.L. and Jeanette Schralber; Nick and Norma Legler; Art Fischer Mrs. Jeannette Travis; Mike and Veronica Larkin; Frederic and Virginia Rohner; Rosanne Rechlln; Virginia K, Koester; Allen C. & Jeanne R. Kane Larry W. Richiln; Richard F. Wagener; Milo and Genevieve Mills, Elaine Kelly; Marcella Tigges; Les and Jean Entringer; Attorney Allen Carew on behalf of Plaza 20, Inc.; Mr. and Mrs. Richard O. Blum; William J. Malloy and Patricia Melloy; Mrs. M.L, Keehner; Joseph Poller; and Larry W. Rechlin submitting copies of three pages of signatures of individuals objecting to planned rezoning of UD pro- perry and change of traffic flow of Devon Drive, presented and read. Council Member Deich moved that the communications be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Bredy, Council Members Deich, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Members Klues- ncr, Pratt. Communications of Housing Commis- sioners Charlotte F. Kelly, Diane M. Ken- nedy, and Edward J. Markward resign- ing from the Housing Commission, pre- sented and read. Countfil Member Heckmann moved that tbe communications be received and filed and accepted with regret. Second- ed by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Simon, Voetberg. Nays--None. August 7, 1989 352 kbsent--Council Members Kluesner, Pratt. BOARDS AND COMMISSIONS: HOUSING COMMISSION -- Four 3-Year terms which will expire 8-~ 7-92 (terms of Busch, Kelly, Kennedy and Markward). Applicants: Janet Busch, Charles IseIdiar t, Hazel O'Neal, and Den- nls Oneyear. Council Member Voetberg moved that Janet Busch be reappointed and Charles Isenhart, Hazel O'Neal and Dennis Oneyear be appalnted to three year terms on the Housing Co~mnlssion which will expire August 17, 1992, Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Communication of City Manager re- questing clarification of proposed changes on the Street and Landscaping on Public Right-of-Way Policy, AND Communication of Corporation Counsal Lindabl further discussing legal specifics of the Sidewalk Inspection and Repair Policy, presented and read. Council Member Heckmmm moved that the communication be received and filed and referred to Staff. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Slinon, Veetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Communication of Bob Wild of Du-, buque Area Chamber of Commerce re- questing $2000 to the Sister City (Pyatigorsk) budget to cover a portion of expenses incurred as part of a delega- tion's proposed visit and appeint a Coun- cil Member as a member to the commit- tee, presented and read. Council Member Dalch moved that the communication be received and filed and that Couuall Member Jim Heckmann be appointed and that the $2000 expen- diture be approved. Seconded by Coun- cil Member Slinon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, Pratt. Bob Wild spoke to the Council re- questing the City dedicate some green area as a park. 353 Regular Session Council Member Heckmann moved that the City refer the matter to the City Staff to review that green space is avail- able before September 17th. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Communicatinn of City Manager sub- mitting a recommendation per teinlng to Brutgex's request for return of a good faith deposit check, presented and read. Mr. Robert Pace spoke, requesting City give consideration to return good faith deposit. Council Member Voetherg moved timt they receive and file the communication and concur with the Manager's recom- mendatinn to deny. Seconded by Coun- cil Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kinesner, Pratt. Council Member Heckmann submit- ting notification of the pending closure of the Dubuque Federal Court and Com- munication of Paul Peckosh, Pres., Du- buque Co. Bar Association, encouraging odoptinn of Resolution, presented and read. Com~cil Member Simon moved that the communications be received and fried. Seconded by Council Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, Pratt. RESOLUTION NO. 291-89 SUPPORTING RETENTION OF THE FEDERAL COURT IN DUBUQUE, IOWA WHEREAS, the Judicial Conference of the United States is considering the closing of undemtillzed federal court- rooms throughout the country; and WHEREAS, the Dubuque federal review for elimination; and WHEREAS, the federal court is an honorable institution whose presence ~s greatly valued by the citizens of Du- buque; and August 7, 1989 WHEREAS, tim efimlnation of the federal courtroom in Dubuque would cause substantial inconvenience to the citizens of Dubuque and members of the Bar practicing in northeast Iowa; TItEREFORE, be it resolved that the Dubuque City Council hereby requests that all due consideration be given to avoid the erimination of the federal court- room in Dubuque now being used by the U.S. District Court for the Northern District of Iowa and the United States Bankruptcy Court for the Northern 9istrict of Iowa. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Couneri Member Deich. Carried by the foriowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetherg. Nays--None. Absent-- Council Members Kluesner, Pratt. Communication of City Manager sub- mitring Resolution regarding disposition of an Urban Renewal Site for the develop- ment of a Hotel Complex, AND a RESOLUTION Approving (1) The Minlinum Requiremente, competitive criteria, offering documents and pro- cedures for the disposition of Urban Renewal Plan Disposition Lot Number 4-2; and (2) The Solicitation of Proposals for the development of a Hotel Complex on said parcel, presented and read. Com~cil Member Simon moved that the matter be referred to the City Staff for appropriate revisions as discussed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Members Kluesner, Pratt. Communication of City Mmmger sub- mltting a request from F. H. Ueiner Precision Tools and Dies, Inc. for a Cmn- munity Development Block Grant Loan, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Deicb. Car- ried by the fofiowing vote: Yeas--Mayor Brady, Council Members Delch, Heck- mann, Simon, Voetherg. Nays--None. Absent--Council Members Kinesner, Pratt. RESOLUTION NO. 274-89 RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH F. H. UELNER PRECISION TOOLS AND DIES, INC. WHEREAS, under provisions of qqtle I of the Housing and Community Devalopment Act of 1974, as amended, the City of Dubuque has received Com- munity Development Block Grant Fun~s for the purpose of stimulating econogUc development activities within the com- munity; and WHEREAS, the City of Dubuque, Iowa desires to assist F. H. Uelner Preci- sion Tools and Dies, Inc. in its efforts to acquire the Vulcan T~ol Corporation of Iowa; to relocate the company from 2461 Kerper Boulevard to the Dubuque dustrial Centex' to retain permanent employment opportunities for its ci~zens to provide additional employment oppor- tunities for inwhnoderate income in- dividuals and to encourage the exporta- tion of Iowa Services; and WHEREAS, a Loan Agreement is to be executed by F. H. Ualner Precision Tools and Dies, Inc., and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon tl~e Loan Agreament hereto attached, award- ing a $75,000 loan to F. H. Uelner Preci- sion Tools and Dies, Inc., according to the temns specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse loan hinds from the Community Develop- ment Bl~ck Grant entitlement fund, in accordm~ce with the terms and conditions of the Loan Agreement hereto attached. 7, 1989 354 Passed, approved and adopted this 7th day of August, 1989, James E. Brody Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resalutian. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Communication of City Manager re- questing council approval of an applica- tion to U.S. Dept. of Housing and Urban Development (HUD) for 40 Section 8 Housing Certificates, under the Opera- tion Bootstrap Program, presented and read. Council Member Voetherg moved that the communication he received and filed. Seconded by Council Member Delch. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Heck- mann, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, Pratt. RESOLUTION NO. 275-89 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN q TO PARTICIPATE IN THE SECTION 8 HOUSING PROGRAM UNDER "OPERATION BOOTSTRAP" PROGRAM FUNDING WHEREAS, the City of Dubuque recognizes the continuing unmet need for provision of assisted housing to the City's qualifying lower-income families; and WHEREAS, the City has continuous- ly provided housing assistance to Section 8 Housing Progran~ tenants, under "Pro- ject Self-Sufficiency" program funding, and WHEREAS, through this commit- merit of housing resources the City recognizes the importance and benefit of economic self-sufficiency to program par' tieipants; and WHEREAS, the U.S. Department of Housing and Urban Development has made available in national competition, 355 Regular Session, funding under the "Operation Boot- strap" progrmn to encourage munici- paliries to implement innovative pro- grams promoting the economic inde- pendence of lower-income families, thi. ough cooperating efforts of the public and private sectors; and WHEREAS, and in accordance with Section 403A.5 of the Iowa Code which states "A municipality of a 'Municipal Housing Agency' may not proceed with a housing project unril a study or a report and recommen- darion on houaing available within the community is made public by the municipality or agency and is incinded in it rasommendarions 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 GommunEy Development Act of 1974, wtfich states in part that we must determine whether or not there is a need for such housing assistance, taking into considera- tion any applicable State or area- wide housing assistance plan as well as generally available data with respect to population, pover- ty, housing overcrowding, housing vacancies and substandard hous- ing. An application may be ap- proved only if our determination is in the affirmarive; and WHEREAS, this application is conais. tent with the t988-91 Housing Assist- ance plan for the City of Dubuque as approved by the HUD Area Office in December, 1988. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque has determined there is a need for addl- tlonal housing assistance and is knowli edgeable of the status of available hous- ing within the City as required by Iowa Code and that majority approval of the proposed housing activity within the City's jurisdiction is liereby granted. Section 2. That this resolution is in- tended tu serve as the City of Dubuque's August 7, 1989 d 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. Tbe Mayor is authorized and directed to submit an application to the U.S. Department of Itousing and Urban Development for participation in tbe Sec- tion 8 Housing Operarian Bootstrap program. Secrion 4. The City of Dubuque Hous- ing Conunlssinn is hereby directed to con- duct the necessary public hearings re- garding this application as soon as possi- ble in accordance with requirements of Chapter 403.A.28 of the Code of Iowa, md to review and/or approve or suggest modifications of the plans for program design and administration of this pro- posed progeam. Section 5. The City Manager is hereby authorized and directed te forward said application and resulting standard ex- ecuted contract to the respective agen- cies in a tiredly fashion and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resoinrion. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Vcetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Communication of City Manager sub- mitring 4th Progress Report on Freeway Corridor Planning (referred from meeting of July 17, 1989), presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, He&mann, Simon, Vcotherg. Nays-- None. Absent--Council Members Klues- ncr, Pratt. Communication of City Manager sub- mitring Addendum to Project Agree- Regular Session ment and IDOT relative to the 61 Pro- ject, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Simon, Voetherg. Nays--None. Abeent--Cotmcil Members Kluesner, Pratt. RESOLUTION NO. 276-89 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THREE ADDENDUMS TO PREVIOUSLY EXECUTED PROJECT AGREE- MENTS WITH THE IOWA DEPARTMENT OF TRANSPORTA- TION ASSOCIATED WITH THE 61 PROJECT WHEREAS, Predesign Agreement 73-P-024 for preliminary design concepts was signed by the City and I.D.O.T. on Marcb 6, 1973 and April 4, 1973, respec- tively; and WHEREAS, Predesign Agreement 80-P-006 for development of a temporary U.S. 61 connection between Central Avenue and the U.S. 61 Mississippi Bridge was signed by the City and I.D]O.T. on September 9 & 30, 1981, respectively; and WHEREAS, Freconstrucaion Agree- merit 87-4-210 for construcrion of relocated U.S. 61 from Grandview Avenue northerly and easterly to the U.S. 61 Mississippi River Bridge was signed by the City and I.D.O.T. on January 31 and February 17, 1989, respectively; and WHEREAS, Addendum 89-A443 pro- vides for detailed information on the storm sewer reimbursement and modi- fication of the 1st Street/Soo Lnie rail crossing which Addendum was executed by the City and I.D.O.T. on April 3 & 12, 1989, respectively; and WHEREAS, subsequent to execution of Addendum 89-A-143 it was deter- mined that several storm sewer ralated items contained in the Addendum were incorrectly referenced; and WHEREAS, Addendum 89-A-177 nullifies and replaces Section 4 of Adden- dmn 89-A-143; and August 7, 1989 356 WHEREAS, the project cost to tbe City of storm sewer items listed under Addendum 89-A-143, Section 4, which relate to storm sewer quantities to be in- stalled in tlie first phase of the project from Grandview to Charter Streets is now esrimated to cost the City $559,579.00; and WHEREAS, Addendum 89-A-197 ad- dresses quantities of storm sewer associated with the relocation and con- solidation of the CCP and Soo Line rail ~rom New Wood (RR marker) south of Railroad Avenue to 6th Street and the four-lane U.S. 61 main line construction from Railroad Avenue to 5th Street; and WHEREAS, the estimated cost of tlie ;torm sewer installation for this phase of the project for the City of Dubuque is now estimated at $327,035.00; and WHEREAS, Addendum 89-A-201 ad- dresses elimination of the need to con- struct an alley from Iowa Street to an alley just south of 8rd Street west of Iowa Street. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA the following; Section 1. That the Council approves and directs tbe Mayor be authorized to execute three Addendums identified as Addendum 89-A-177, Addendum 89-A-197 and Addendum 89-A-201 to the th-oject Agreements previously executed between the Iowa Department of Trans- portation and the City of Dubuque, Iowa relative to the 61 Project. Section 2. That executed copies of these Agreements be forwarded to the Iowa Department of Transportarion for execu- tion of the docmnents by the Depart- ment. Passed, approved and adopted this 7th day of Augnst, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, 357 Regular Session, August 7, 1989 Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Verbal request of Mayor Brady for Council to instruct Staff to prepare Or- dinances for the creation of a new Plan- hing Commissinn to be separated from Planning mad Zoning. Council Member Simon moved that they proceed with the establishment of a separate Planning Commission and refer to staff to draw up appropriate and proper ordinances. Seconded by Council Member Heckmann. Carried by the fullowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Conuuunication of County Board of Supervisors requesting a joint meeting of the City and County Health Boards so as to beg~n discussion of combined health services, presented and read. Council Member Simon moved that the conununication be received and filed and respond accordingly, setting the meeting with the Board of Supervisors for Sep- tember 11, 1989 at 4:30 p.m. in the Public Library Auditorium. Seconded by Coun- cil Member Voetherg. C~'ried by the fo0owing vote: Yeas--Mayor Brady, Council Members Deich, Heckmmm Slinon, Voetberg. Nays--None. Absent-- Council Members Khiesner, Pratt. BUSINESS LICENSES: Channel Inn Inc. requesthig refund of $422.50 on unexpired lAquor License, presented and read. Council Member Voetberg moved ~hat the refund be approved and Finance Director to issue proper check. Second- ed by Council Memi~ex Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmanr Simon, Voetherg. Nays--None. Absent-- Council Members Kinesner, Pratt. RESOLUTION NO. 277-89 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that following having complied with the pro- visions of law relating to the sale of Cigarettes and Cigarette Papers within said City. Robert J. Heires BoWs 1445 Central Ave. Delmer S. & Mary C. O'Hea Grandview Mifil House 620 S. Grandview Henry J. Valentine H & J's Tap 3203 Jackson St. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckma~n, Slinon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. RESOLUTION NO. 278-89 WHEREAS, Applications for Beer Permits have been sdbmitted and filed to this Co~mcil for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT St. Cohimbkille parish 1240 Rush St. (14 Day) (Sunday Sales) Dubuque Fighting Saints Association Town Clock Plaza (14 Day) CLASS "C" BEER PERMIT Iowa oil Company IOCO Speede Shoppe 1998 Jackson St. (Sunday Sales) Iowa Oil Company IOCO Speede Shoppe 2335 University Ave. (Sunday Sales) Mulgrew Oil Co. Amoco Food Shop 1450 Loras Blvd. (Sunday Sales) Regular Session CLASS "BE" BEER PERMIT Sifts Beverage Store, Inc. Sid's Beverage Store 2727 Dodge St. (Sunday Sales) Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg ~noved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Member Khiesner, Pratt. RESOLUTION NO. 279-89 WHEREAS, Applications for Liquor Licenses have been suhinltted 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 ralevant 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 Sheryl Ann Shireman King of Clubs 1902 Central Ave. (Sunday Sales) Robert Heires Bob's Place 1445 Central Ave. (Sunday Sales) KAJ, Inc. Bridge RestaurantILounge 31 Locust St. (Sunday Sales) Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor August 7, 1989 358 ATTEST: Mary A. Davis City Clerk Council Member Voetbcrg ~noved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Siinon, Voetberg. Nays--None. Absent-- Council Member Kluesner, Pratt. Communication of City Manager reconunending denial of Class "C" Liquor License to H & J's Tap, presented and read. Council Memer Voetberg moved that the communication be received and filed and approved recormnendations, Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Member Kluesner, Pratt. Printed Council Proceedings for month of February, 1989, presented and read. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Members Kluesner, Pratt. MINUTES SUBMITTED: Airport Comm. of 7-11; Five Flags of 7-17; Historic Preservation Cotton. of 7-18; Electrical Examining Bd. of 7-10; Park and Recreation Co,mn. of 7-11; Planning and Zohing Comm. of 7-5 & 7-19; Phimb- lng Bd. of 7-18; Po~ce Retirement Bd. of 7-28; Public Library of 7-20; Zoning Bd, of Adjustment of 6-22 and 7-7, presented and read. Council Member Voetberg moved that the minutes be ~ceived and filed. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. NOTICES OF CLAIMS AND SUITS: Jane A. Brown in amt. of $33.92 for ve- hicle damages; Merlin R. Brown, Sr. in amt. of $27.87 for property damages; James N. Clark in amt. of $146.31 for vehicle doxnage; Cathy A. Haislet in amt. of $146.31 for vehicle damage; Andrew 359 Regular Session August 7, 1989 L. Makovec and Diane M. Makovec vs. the City of Dubuque and Wm. Boge in undetermined amount for personal in- jury; Janet Schmitt in amt. of $293.71 for property damage; Aaron C. Williams & Jackle Williams in amt. of $96 for per- sonal injury; Mr. & Mrs. Leonard Young and Barbara Young in undetermined amount for personal injury; Robert J. Kohl and Ruth Ann Kohl d/b/a Robert's River Rides, Inc. re: Notice of Appeal from Condemnation Award, presented and read. Council Member Voetberg moved that the claims and suits be referred to Legal Staff for investigation and report. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays-- None. Abeent--Council Members Klues- nor, Pratt. Communication of City Manager responding to Attorney Fuerste relative to the Bridge Restaurant, presented and read. Per phone request from Attorney Dave Clemens to remove from the Agenda, Council Member Voetberg moved to delete it from the Agenda. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Da/ch, Heckmann Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Communication of Dubuque/Delaware Substance Abuse Services Center sub- mitring a Fourth Quarter FY '89 Report on Services to Adolescents/High Risk Youth, presented and read. Council Menfiler Voetherg moved that the connnurdcations be received and filed and settlemente approved, with Finance Director to issue the proper checks. Seconded by Council Member Simon. Can'ied by the following vote: Yeas-- Mayor Brady, Council Members Da/ch Heckmann, Simon, Voetberg. Nays-- None. Abeent--Councll Members Kines- nor, Pratt. Dismissal of IA DOT of condenmation action of Certain Rights in land by Iowa DOT regarding relocated Primary Road No. U.S, 61 -- Project No. F-61-8 (22) -- -20-31 Group "R", parcel 255, presented and read. Council Member Voetberg moved that the notice be received and filed. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kinesner, Pratt. Communication of Corporation Counsel recommending settlement/reim- bursement regarding claims of: Dennis Cross in amt. of 593; Wayne Hingtgen in amt. of $25; Susan Strizak in rant. of $186.13, presented and read. Council Member Voetberg moved that the communication be received and filed and settlements approved with Finance Director to issue the proper check. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Simon, Voetherg. Nays-- None. Absent--Council Members Kines- net, Pratt. Communications of Corporation Counsel recommending denial/closure of claims of: Debra H. Haight; Douglas Juergens; Leo McMal~on (by Attorney L. Kurt); Mark W. Micbener; Donald E. Palmer; Ronaid Post, presented and read. Council Member Voetberg moved that the communications be received and filed and recom~nendations approved. Second- ed by Council Member Sbnon. Carried by the following vote: Yeas--Mayor Brady, Council Members Da/ch, Heckmann, Simon, Voetberg. Nays--None. Abeent-- Council Members Kluesner, Pratt. Proof of publication, certified to by the Publisher of Public Notice for the CD /lock Grant Progrmn regarding Release of Funds for following projects: Neighborhood Related hnprovements and Job Market, Ltd., Dubuque College of Business, presented and read. Council Member Voetherg moved that the proof of publlcatinn be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Da/ch, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, Pratt. Communication of planning and Zon- lng Commission submitting a Resolution approving a Final Plat of Arcbfilocese Place No. 2, Key West, in Dubuque County, IA, presented and read. Regular Session, August 7, 1989 360 Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Simon, Vcetberg. Nays-- None. Absent--Council Members Kines- nor, Pratt. RESOLUTION NO. 280-89 A RESOLUTION APPROVING A FINAL PLAT OF ARCHDIOCESE PLACE NO. 2, KEY WEST, IN DUBUQUE COUNTY, IOWA. WHEREAS, there has been filed with the City Clerk, a final plat of Archdiocese Place No. 2, Key West, in Dubuque County, Iowa; and WHEREAS, said final plat has been examined by the City of Dubuque Plan- ning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Arch- diocese Place No. 2, Key West, in Dubu- que County, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plaL Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmmm Simon, Voetberg. Nays--None. Abeent-- Council Members Kluesner, Pratt. Communication of City Manager sub- mitring a Resolution authorizing publica- tion of Notice of Environmental Review Finding for certain CD Block Grant Project: Battered Women's Shelter, pre- ented and read. Council Member Voetberg moved that he communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Members Kluesner, Pratt. RESOLUTION NO. 281-89 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FIND- ING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuque has entered into a Grant Agreement fro' the Calendar Year commencing January 1, 1989 with the U.S. Department of Hous- ing and Urban Development, providing for finmmial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban De- velopment, an environmental review has been processed for the hereinafter de- scribed project to be financed with com- munity Development Block Grant funds; and WHEREAS, an ad hoc Envlronmen- ;al Review committee on July 24, 1989 has afte~r due consideration made a deter- ruination that the project is not a major Federal action significantly affecting the quality of the human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Signifi- cant Effect on the Enw, r' onment al Review Record for said project available for public inspection. Such notice shall be in he form of Exhibit "A' attached hereto and made a part hereof. Battered Women's Shelter Section 2. That the City of Dubuque hereby declares its intent to adopt a 361 Regular Session, August 7, 1989 resolution at its meeting of August 21, 1989 authorizing the suhmission of a re- quest to the U.S. Department of Hous- ing and Community Development to undertake the project. Passed~ approved and adopted ti~s 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resalution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deleh, Heekmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Communication of City Manager authorizing publication of Notice of En- virmmaental Review Findings for the following project: F.H. Uelner Precision Tools & Dies, Inc. presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vom: Yeas-- Mayor Brady, Council Members Delch, Heekmann, Simon, Voetberg. Nays-- None. Absent--Council Members Klues- ncr, Pratt. RESOLUTION NO. 282-89 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FIND- ING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT. WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1989 with the U.S. Department of Hous- ing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen- al Review Committee on June 26, 1989 has after due consideration made a deter- ruination that the project is not a major Federal action significantly affecting 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 tile City Clerk be and she is hereby authorized and directed to publish a Notice of FindLng of No Sigifi fi- cant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project availahle for public inspec- tion. Such notice shall be in the form of Exhibit "A" attached hereto and made a pm't thereof. F. H. Uelner Precision Tools and Dies, Inc. Section 2. That the City of Dubuque hereby dechires its intent to adopt a resolution at its meeting of August 21, 1989 authorizing the submission of a re- quest to the U.S. Department of Hous- Lng and Community Development to undertake the project. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST'. Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Vcetbevg. Nays--None. Absent-- Council Members Khiesner, Pratt. Colnmunication of City Manager sub- l~itting a Certification that as a Grantee of the Dept. of HUD the City will pro- vide a drug-free workplace aud re- questing adoption of this certification, presented and read. Council Member Voetberg moved that the commm~ication be received and filed and approved. Seconded by Council Member Simon. Ca~'ied by the following vote.: Yeas--Mayor Brady, Council Regular Session Members Deich, Heckmann, Simon, Voetherg. Nays--None. Absent--Council Members Kluesner, Fratt. Co~mnunication of City Manager sub- mitring documents providing for the ac- ceptance of the construction contract for the Gillespie St. Sanitary Sewer, pre- sented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Simon, Voetbexg. Nays-- None. Absent--Council Members Kluesner, Pratt. RESOLUTION NO. 283-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the GILLESPIE STREET SANITARY SEWER has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Moz~ager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be snd he is hereby directed to pay to the contractor from the SANITARY SEWER CONSTRUC- TION FUND in mnount equal to the mnount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mm, y A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Com~cil Members Delch, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. August 7, 1989 362 RESOLUTION NO. 284-89 FINAL ESTIMATE WHEREAS, the contract for the GILLESPIE STREET SANITARY SEWER has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the cost of said im- )rovement is hereby determined to be $37,021.31 and the said amount shall be paid from the SANITARY SEWER CONSTRUCTION FUND of the City of Dubuque, Iowa. Section 2. That $19,780.50 of the cost thereof shall be assessable upon private property and $17,240.81 shall be paid from SANITARY SEWER CON- STRUCTION FUND. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Simon, Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. RESOLUTION NO. 285-89 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR GILLESPIE STREET SANI- TARY SEWER INCLUDING CER- TAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFI- CALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. 363 Regular Session NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompany- ing plat showing the assessments pro- posed to be made for the construction of the GILLESPIE STREET SANITARY SEWER under contract with HORS- FIELD CONSTRUCTION of EP- WORTH, IOWA, which final plat and schedule were filed in the office of the City Clerk on the 2ND DAY OF AU- GUST, 1989, that said schedule of assessments be and the same is hereby approved and adopted, That tbere be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts sbown in said final schedule of assessments as deficiencies are found to be proper and levied condltionally against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Sec- tion 384.68, Code of Iowa, Said assess- ments against said lots are hereby de- alared to be in proportion to tbe special benefits conferred and not in excess of twenty-five percent of the value of same. Assessments of $50.00 or more are pay- able in 10 equal annual installments, with interest on the unpaid balance, all as pro- vided in Section 884.65, City Code of Iowe~ Conditional deficiency assessments if any, may be levied against the appli- cable property for the same period of years as the assessmente m'e made payable. Assessments may be paid in full or in part without interest at the office of the August 7, 1989 County Treasurer, at any time vathin 30 days after the date of the first pubfica- tion of this notice of the fding of the final plat and schodule of assessments with the County Treasurer. Unless said assess- ments are paid in full withfu said thirty day period all unpaid assessments will draw ammal interest computed at 10% )ercent (commenaing on the date of ac- ceptance of the work) computed to the December 1st next following the due dates of tbe respective instalhnents. Each installment will be delinquent on Sep- tember 30th following its due date on July 1st each year. Property owners may elect to pay any annual instalhnent semi- annually in advance. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cer- ;ification once oach week for two con- ~ecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filfug of the final scfiedule. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk City of Dubuque SCHEDULE OF FINAL ASSESSMENTS OWNER Martin, Michael J. and Shfrley A. Sherman, Tom D. Sherman, Tom D. Anderson, Gary A. Stierman, William J. Dress, Leonard W. Jr, Frommelt, Artbur P. Frommait, Arthur P. Gillespie Street Sanitary Sewer LOT NET DESCRIPTION ASSESSMENT 1-1-1-1-8 Gillespie Subdivision $ 3,296.75 2-1-1-8 Gifiespie Subdivision $ 3,296.75 2-1-1-1-8 Gillespie Subdivision w/2-1-1-8 2-1-8 Gillespie Subdivision $ 3,296.75 1-S. 231 '-2-8 Gifiisepie Subdivision $ 3,296.75 16 Fink's Subdivision $ 3.296.75 14 Fink's S~bdivision $ 3.296.75 13 Fink's Subdivision w/ 14 $19.780.50 Regular Session August 7, 1989 364 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Shnon, Vootberg. Nays--None. Absent-- Council Members Kluesner, Pratt. Communication of City Manager sub- mitring documents providing for the ac- ceptance of the construction contract for the Roosevelt Road Sanitary Sewer, upon motion received and filed. Council Member Voetberg moved that tbe communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Members Klues- net, Pratt. RESOLUTION NO. 286-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the ROOSEVELT ROAD SANITARY SEWER has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- dation of tbe City Manager be approved and that said improvement be and tbe same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the SANITARY SEWER CONSTRUC- TION FUND in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST; Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. RESOLUTION NO. 287-89 FINAL ESTIMATE WHEREAS, the contract for the ROOSEVELT ROAD SANITARY SEWER has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT SOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $123,559.79 and tbe said mnotmt shall be paid from the SANITARY SEWER ~ONSTRUCTION FUND of the City of Dubuque, Iowa. Section 2. That $88,142.29 of the cost tbereof shall be assessable upon private property and $35,417.50 shall be paid from SANITARY SEWER CONSTRUCTION FUND. Passed, approved and adopted tlfis 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent-- Council Members Kluesner, Pratt. RESOLUTION NO. 288-89 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR ROOSEVELT ROAD SANI- TARY SEWER INCLUDING CER- TAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFI- CALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME Regular Session, August 7, 1989 366 365 WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: Thet after full consideration of the final schedule of assessments and accompany- lng plat showing the assessments pro- posed to be made for the construction of the ROOSEVELT ROAD SANITARY SEWER under contract with TSCHIGG- FRIE EXCAVATING of DUBUQUE, which final plat and sal~edule were filed in the office of the City Clerk on the 26TH DAY OF JULY, 1989, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective stuns indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements as shewn in the schednle, subject to the provisions of Sec- tion 384.63, Code of Iowa. Said assess- ments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. Assessments of $50.00 or more are payable in 10 equal annual installments, with interest on the unpaid balance, all as provided in Section 384.65, City Code of Iowa. Conditional deficiency assess- ments, if any, may be levied against the applicable property for the same period of years as the assessments ea-e made payable. Assessments may be paid in full or in part without interest at the office of the County Treasurer, at any thne witifin 30 days after the date of the first publica- tion of this notice of the filing of the final plat and schedule of assessments with the County qYeasurer. Unless said assess- ments are paid in full within said thirty day period all unpaid assessments will draw mmual interest computed at 10% percent (commencing on the date of ac- ceptance of the work) computed to the December 1st next following the due Regular Session, August 7, 1989 dates of the the respective instellments. Each installment will be delinquent on September 30th followi~g its due date on July 1st in each year. Property owners may elect to pay any annual instaihnent semiannuaily in advance. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cer- secutive weeks in the manner provided n Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by certified mall to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided a~d directed by Section 384.60 of the Code of Iowa. Passed, approved and adopted this 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetherg. Nays--None. Absent-- Council Memhers Kluesner, Pratt. CITY OF DUBUQUE, IOWA SCHEDULE OF FINAL ASSESSMENTS FOR: ROOSEVELT STREET SANITARY SEWER The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. Gross Deficiency Not Owner Lot Description Ilusemm~, Michael Communication of City Manager submit- ting documents providing for the accep- tance of the project of the Electrical System Rehabilitation of the Dubuque Keyllne Transit Facility, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the fallowing vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays-- None. Absent--Council Members Kfues- ner, Pratt. RESOLUTION NO. 289-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the $11,372.42 $ 8,103.06 $ 8,26986 $ 4,332.89 $ 924.67 $ 3,40822 $ 4,073.98 $ 4,073.98 $ 5,728.36 $ 2,995.02 $ 2,726,',14 $ 4,056.16 $ 4,056.16 $ 4,008.78 $ 4,008.78 $ 7,179.79 $ 3,972.34 $ 3~207.45 $11,372.42 $ 6,189.31 $ 5,183.11 $ 2,843.10 $ 2,848.10 $ 2,369.25 $ 2,389.25 $ 2,843.10 $ 2,848.10 $ 2,843.10 $ 2,84~.10 $ 2,843.10 $ 2,843.10 $ 2,848.10 $ 1,197.32 $ 1,645.78 $ 2,843.19 $ 2,843.10 $86A42.29 $23,381.72 $64.760.57 ELECTRICAL SYSTEM REHABILI- TATION, DUBUQUE KEYLINE TRANSIT FACILITY has been com- pleted and the City Manager has exam- ined the work and filed his certificate stating that the same has been completed according to the terms of the contract~ plans and specifications and reco~rmaends it acceptance, NOW, THEREFORE, BE IT RE- SOLVED, by the City Cotmcil of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the $62,372.80 in amount equal to the 367 Regular Session, August 7, 1989 amount of the contract, less any retained Simon, Voetberg. Nays--None. Absent-- percentage provided for therein. Council Members Kluesner, Pratt. ACCEPTANCE based upon concur- rence by the Urban Mass Tmuspor tation Agency. passed, approved and adopted tbis 7th day of August, 1989. James E, Brady Mayor AqWEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmmm, Simon, Voetberg. Nays--None. Absent-- Council Members Khiesner, Pratt, RESOLUTION NO. 299-89 FINAL ESTIMATE WHEREAS, the contract for the ELECTRICAL SYSTEM REHABILI- TATION, DUBUQUE KEYLINE TRANSIT FACILITY has been corn- plated and the City Engineer has submit- ted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscella- NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF 'PILE CITY OF DUBUQUE, IOWA: Seetlon L That the cost of said im- provement is hereby determined to be $62,372.80 and the said mnount shall be paid from the CAPITAL IMPROVE- MENT PROJECT, URBAN MASS TRANSPORTATION AGENCY, AND LOCAL MONIES of the City of Du- buque, Iowa. Passed, approved and adopted tiffs 7th day of August, 1989. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Voetberg moved adoption of the Resolution, Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Communication of AI Polsean re- questing City response to various pro- blems, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, Pratt. 11:22 p.m, -- Council Member Heck- nann moved to go into Closed Session in accordance with Chapter 21.5(c) to llscuss strategy with Counsel in matters that are presently in litigation. Second- ed by Council Member Voetberg. Carried by the fdilowing vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Simon, Voetberg. Nays--None. Absent--Council Members 1Guesner, Pratt. 11:34 p.m. Council rcconvened. Mayor advised that Counsel has been given direction regarding litigation. There being no further business, Coun- cil Member Simon moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Simon, Voetberg. Nays--None. Absent--Council Members Kluesner, Pratt. Meeting adjourned at 11:35 p.m. Mary A. Davis City Clerk Approved _ 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk Special Session, Au CITY COUNCIL OFFICIAL Special Session, August 15, 1989 Council Met at 4:00 p.m., Conference Room "B', City Hall. Present--Mayor Brady, Council Mem- bers Deich, Pratt, Simon, Voetberg, City Mmmger W. Kenneth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Absent--Council Members Heekmann, Kluesner. Mayor Brady read the call and stated this is a SPECIAL SESSION of the City Council called for the pm, pose to conduct a CLOSED SESSION in accordance with Chapter 21.5(1)(c) of the 1989 Code of Iowa, as amended. 4:05 p.m., Council Member Voetberg moved to go into Closed Session in ac- cordm~ce with Chapter 21.5(1)(c) to discuss strategy with Counsel in matters that are presently in litigation. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, Voetberg. Nays--None. Absent--Council Members Heckmann, Kinesner. 4:20 Closed Session adjourned, Coun- cil reconvened. Mayor advised that the Legal Staff had been given direction on pending litigation. There being no further business, Coun- cil Member Pratt moved to adjourn the meeting. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Pratt, Simon, Voe~berg. Nays-- None. Absent--Council Members Heck- mann, Kluesner. Mary A. Davis City Clerk Approved _ Adopted __1989 1989 Mayor :ust 15, 1989 Council Members ATTEST: City Clerk 368 369 Regular CITY COUNCIL OFFICIAL Regular Session, August 21, 1989 Council Met at 7:30 p.m., in the Public Library Auditorium- Present--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absant--Council Members Pratt, Simon. Mayor Brady read the call and stated this is the REGULAR sESSION of the City Council called for the purpose to act upon such business wi~ich may properly come before the Council. INVOCATION was given by Father John Walal~, Pastor of St. Joseph's Catholic Church. pROCLAMATIONS: August 20-26 as "Mississippi River Revival Days in Dubuque" received by Carl Steichen; September 14 as "School Night for Scouting"; September 2 as "Drive for Life Day"; Month of August as "Cable Cares about Jerry's Kids Month"; Month of August as 25th Anniversary and Rededication of Operation: New View's Continuing War on Poverty; Congratulating Charlotte Kelly for her 16 years of service to the City. Proof of publication, certified to by the Publisher, on Notice of Public Hearing, to consider the proposal to execute a par- tial Release of real estate lien of the City of Dubuque, presented and read. There were no writtan objections received and no oral objectors present at the time of the Hearing. Attorney Tom McKay, on behalf of FDL Foods spoke requesting the execution of the partial Release. Council Member Kluesner moved that the proof be received and fried. Second- ed by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kfues- ncr, Vootberg. Nays--None- Absent-- Council Members Pratt, Simon. Ab- stain--Council Member Heckmaun. Council Member Kfuesner moved to suspend the rules to allow anyone present to address the Counall if they should so 1989 Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Com~cri Mem- bers Deich, Heckmmm, Kluesner, Voet- berg. Nays--None. Absent--Council Members Pratt, Sfinan. RESOLUTION NO. 292-89 A RESOLUTION AUTHORIZING THE CITY OF DUBUQUE, IOWA, TO EXECUTE A PARTIAL RELEASE OF REAL ESTATE MORTGAGE AS TO CERTAIN PROPERTY OWNED BY FDL FOODS, INC. WHEREAS, pursuant to Resolution and published Notice of time and place of hearing, published in the Telegraph' Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa, on August 11, 1989, the City Coun- cil of the City of Dubuque, Iowa, met on the 21st day of August, 1989, at 7:30 o'clock p.m. in the Public Library Audi- torium, 11th and Bluff Streets, in the City of Dubuque, Iowa. to consider the proposal to dispose of interests in certain real estate by executirg a partial Release of a Real Estate Mortgage filed Decem- ber 9, 1982, as Instrument No. 674 2-82, as to the following described real estate located in the City of Dubuque, Iowa, Lot 2 of FDL First Addition to the City of Dubuque, Iowa, ac- cordhig to the recorded plat tliexe- of, Instrument No. 5341-84, cords of Dubuque County, Iowa. WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to dispose of interests of the City of Du- buque, Iowa, in the hereinabove real NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY cOUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the disposition of in- terests by the City of Dubuque, Iowa, in the hereinbefore described real estate by the execution of a partial Release of Re~l Estate Mortgage be and the same is hereby approved. Section 2: That the Mayor of the City of Dubuque be and he is hereby directed and authorized to execute a partial Regular Session Release of the real estate lien arising out of a Mortgage filed December 9, 1982, as Instrument No. 674 2-82, and the City Clerk be and she is hereby directed and authorized to attest said instrument and deliver the same forthwith for recorda- tion by the Recorder of Dubuque Coun- ty, Iowa. Section 3: That the City Clerk be and she is hereby anthotized and directed to record a certified copy of tiffs Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 21st day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yes--Mayor Brady, Council Members Deich, Kluesner Vcetberg. Nays--None. Abeent--Cunncri Members Pratt, Simon. Abstain-- Council Member Heckmann. proof of publication, certified to by the Publisber, on Notice of Public FIearing to consider proposal to dispose of real estate known as 1919 Elizabeth Place, presented and read. There being no wril~ ten objections received and no oral objec- tots present at the time of the Hearing. Mr. Bill Grove of 1920 Cox St. spoke to the matter. Council Member Heckmann moved that the proof of publication be received and filed. Seconded by Council Member Vootberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Voetberg. Nays--None. Absent--Councri Members Pratt, Simon. RESOLUTION NO. 293-89 A RESOLUTION APPROVING THE SALE OF THE FOLLOWING LEGALLY DESCRIBED PROPERTY: Lot Fifteen {15), Jackson School Subdivision, City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, monly known as 1919 Elizabeth Place, Dubuque, Iowa. August 21, 1989 370 WHEREAS. pursuant to duly pub- [ished public notice the City Council of Dubuque, Iowa, met on tlie 21st day of August, 1989, at 7:30 p.m. in the Carnegie Stout Public Library Audi- terium, 11th and Bluff Streete, Dubuque, Iowa, to consider the proposal of dispos- Lng of City-owned real estate located at 1919 Elizabeth Place wlllch property is legally described as follows: Lot Fifteen (15), Jackson School Subdivision, City of Dubuque, Dubuque County, Iowa. according to the recorded plat thereof; and WHEREAS, such property is to be sold to William R. Grove for the con- sideration of $900.00; and WHEREAS, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above-named rea[ estate to the above-named grantee. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIl, OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dispoal of the in- terest of the City of Dubuque in the herein above-described property to Wlllim~ R. Grove is liereby approved. Section 2. That the Mayor be and he is hereby authorized and directed to ex- ecute a Quit Claim Deed, and that the City Clerk be and she is hereby directed and authorized to deliver Deed of Con- veyance, conveying the above described real estate to the above-named grantee upon receipt of the purchase price in full. Passed, approved and adopted this 21st day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Conneil Member Heckmann moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. Proof of publication, certified to by the rubllsher, on Notice of Hearing an Plans 371 Regular and Specifications for the Schmitt Island Wetland Excavation Project, presented and read. There were no written objec- tions received and no oral objectors pre- sent at the time of the Hearing. Cotmcil Member Voetberg xnoved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, He&mann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. RESOLUTION NO. 29449 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEI%EAS, on the 12th day of JULY, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the SCHMITT ISLAND WETLAND EXCAVATION pROJECT. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Tlxat the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said hnprovements for said project. Passed, approved and adopted this 21st day of August, 1989. James E. Brady Mayor ATTEST: M~wy A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution, Seconded by Council Member Kluesner. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Voetberg. Nays--None. Absant--Council Members Pratt, Simon. Proof of publication, certified to by the Publisher, on Notice to bidders of the Receipt of bids for the construction of Schmitt Island Wetland Excavatlon Project AND Communication of City 1989 tract for project, presented and read. Council Member Voetberg moved that the proof and co~ranuaication be received and filed. Seconded by Council Member KLnesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Cotmcil Members Pratt, Simon. Mayor Brady moved that they accept an alternate bid in the amount of $25,000 and have the sand remain on the site. Seconded by Council Member Deicb. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Nays--Council Members Heck- mann, Kluesner, Voetberg. Absent-- Council Members Kluesner, Pratt. MOTION FAILED. AMENDMENT NOT ADOlyFED' RESOLUTION NO. 295-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the SCHMI'PT ISLAND WETLAND EX- CAVATION PROJECT pursuant to Resolution No. 260-89 and notice to bid- ders published in a newspaper published in the City of Dubuque, Iowa on the 2?TH DAY OF JULY, 1989. WHEREAS, said sealed proposals were opened and read on the 15TH DAY OF AUGUST, 1989 and it has been determined that the bid of TSCHIGG- FRIE EXCAVATING of DUBUQUE, IOWA in the amount of $~65,090.56 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and spocifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- awarded to TSCHIGG- and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized Regular Session, August 21, 1989 and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 21st day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, He&mann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. proof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specifications for the 1989 P.C, Con- crete Paving Project consisting of Delhi St. from Grandview Ave. easterly to University Ave. and from Grandview Ave. westerly to University Ave.; Graham Circle, from Westway to St. John Drive and Paisley Court; Hale St., from Graudview Ave. to Algona St.; Pennsylvania Ave., from University Ave. to Chancy Road; Thffd St., from Grand- view Ave. to Algona St.; Cedar Cross Road, right turn lane at U.S. #20; Proof of publication, certified to by the Publisher, on Notice to Property Owners of Hearing on Resolution of Necessity for construction of 1989 P.C. Concrete Pav- ing Project; Certificate of City Clerk cer- tlfylng notices were sent by certified msil to known property owners on August 3, 1989 regarding hearLng on Resolution of Necessity; Petition of Lawrence Pattoe objecting to reconstruction of Third St. from Gr andvlw Ave. to Algona St.; Peti- tions of Gene and Virginia Sands oppos- ing assessment for concrete paving on Pennsylvania Ave.; Petition o£ Hale St. residents containing 27 signatures e×- pressing concerns regarding the proposed reconstruction of Hale St.; Petition of Rita Reddin opposing the paving of Hale St.; Petition of residents of Hale St. and West Third St. contsining 20 signatures expressing concerns regarding the pro- posed reconstruction of W. Third St., presented and read. Council Member Heckmann moved that the proofs, certificate and petitions be received and filed. Seconded by Coun- cil Member Voetberg. Carried by the 372 following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. A RESOLUTION edoptiong Plans and Specs. for project; a RESOLUTION With Respect to the Adoption of Resolu- tion of Necessity proposed for the 1989 Concrete Paving Project; A SOLUTION Ordering bids for project and directing Clerk to advertise, presented and read. Council Member Heckmann moved that they close the Public Hearing and defer the matter to the Council Meeting of September 5, 1989. Seconded by Coun- cil Member Voetberg. Carried by the following vote'. Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. Communication of Jeff Mozena, Chair of Historic Preservation Commission, ad- vising of their agreement to follow Engineering's origlnallayout of Madison St. steps at this time, however, re- questing consideration be given to restore steps to their original state with use of 1% Local Sales T~x Monies, presented and read. Council Member Kluesner moved to receive and file the communication. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, He&mann, Kluesner, Voetberg. Nays-- None. Absent--Council Members Pratt, Simon. Council Member Kluesner moved to reopen the public hearing on this matter. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays-- None. Absent--Co~msil Members Pratt, Simon. Communicatten of City Manager recommending to proceed with the bid- ding process for the reconstruction of a portion of the Madison St. steps; a Resolution Adopting Plans and Specs. for project; a Resolution Ordering bids for project and direction to publish notice, presented and read. Council Member Kluesner moved that the communications be received tu~d filed 373 Regular Session, and the Resolutions be adopted. Second- ed by Council Member Vcetberg, Vote on the motion was as follows: yeos--Council Members Deich, Kluesner, Voetberg. Nays--Mayor Brady, Council Member Heckmann. Absent--Council Members Pratt. Simon. MOTION FAILED DUE TO MAJORITY VOTE OF COUNCIL NEEDED FOR PASSAGE OF RESO- LUTION. Communication of planning and Zon- ing Commission advising of approval of an Amended Conceptual Development Plan for thc PC Planned Co~mnerrial Dis- trlct, located north of Dodge St. and east of Wacker Drive, presented and read. Council Member Voetberg moved that the conmmtfication be received and filed. Seconded by Council Member Heck- mann. Curt'led by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Co~mcil Members Pratt, Simon, Council Member Voetbcrg moved that tiffs be considered the first reading of an ORDINANCE Amending Appendix A of the Cede of Ordinances by approving an Amended Conceptual Development Plan for the PC Planned Cmmnerclal District, located north of Dodge St. and east of Wacker Drive, and set for Public Hear- ing on September 5, 1989, directing City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. Cormnunication of City Manager re- questing that property at 801 Davis Ave- nue kno~m~ as "Windsor Park Retirement Center" be designated as an Urban Revl- t alization Area and set for public hearing on October 2, 1989, presented and read. Council Member Voetberg moved that the communication be received and fried. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays-- None. Absent--Council Members Pratt, Simon. RESOLUTION NO. 296-89 A RESOLUTION FINDING THAT 21, 1989 THE DESIGNATION OF THE "WINDSOR PARK RETIREMENT CENTER" AS AN URBAN REVIT- ALIZATION AREA IS NECESSARY IN THE INTEREST OF THE pUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. WHEREAS, Gary L. Kennedy and George R. Kennedy, owners of property commonly known as the Windsor Park Retirement Center, propose to redevelop the former Xavier Park Hospital as an elderly apartment complex; and WHEREAS, the City of Dubuque has been asked to assist in such redevelop- ment by means of the provisions of the State Urban Revitalization Act which would aflow for property tax abatement to encourage rehabilitatinn efforts; and WHEREAS, the State Uthan Revital- ization Act requires that before mx area is designated as an Urban Revitaliza~on Area the City Council must adopt a Resolution finding that the rehabilitation, conservation or redevelopment of the area is necessary in the interest of the public health, safety or welfare; and WHEREAS, the area to be so de- signated has been found to meet the State's eligibility requirements in that in its cun'ent deteriorating state it is a detri- ment to the public health and safety, con- stitutes both an economic and social liability and, if left unrehabilitated, wo~ild substantioEy impak the City's growth and ability to provide adequate housing facilities for the elderly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation, con- servation or redevalopment of the hereinafter described area is found to be appropriate as an Urban Revitalization Area and necessary in the interest of the City, to wit: Lot 6 in "Stonehril Community Subdivisinn No. 1" in the City of Dubuque, Dubuque County, Iowa, commonly lmown as Windsor park Retirement Center, 801 Davis Street, Dubuque, Iowa 52001. Section 2. That the "Windsor Park Retirement Center" Urban Revitalization Area, as proposed, meets the eligibility Regular Session, criteria of Chapter 404.1 of the Code of Iowa, 1989. Section 3. That the "Windsor park Retirement Center" Urban Revitalization Area, which would incorporate the above- described area and provide for property tax abatement, is necessary in the in- terest of the City. Section 4. That a public hearing shafl be set to review the Plan, after which the plan can be adopted or revised. Passed, approved and adopted this 21st day of August, 1989. dames E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution, setting Hear- ing for the Council Meeting of October 2, 1989 at 7:30 P.M. In tile Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Voetberg. Nays--None. Absent--Council Member Pratt, Simon. Communication of the City Manager submitting a response to Attorney Fuerste's communication relative to the Bridge Restaurant, presented and read. Council Member Kluesner moved that the conununlcatlon be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Heckmmm, Kluesner, Voetberg. Nays-- None, Absent--Council Members Pratt, Simon. An ORDINANCE Amending Zoning O~ance to reclassify property located south'of~East Third St. and east of Bell St. from ~II Heavy Industrial District to CE Commeralvl Recreation District (1st reading on 7-17, 2nd reading on 8-7, Public Hearing closed on 8-7-89), pre- sented and read. Council Member Voetherg moved that the Ordinance be tabled until the Coun- cil Meeting of September 5, 1989. Seconded by Council Member Heck- mann. Carried by the following vote: Au :ust 21, 1989 374 Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, 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 (Public Hearing closed on 8-7; 1st reading given on 7-17; 2nd reading on 8-7), presented and read. Council Member Voetberg moved that the Ordinance be tabled to the Council Meeting of September 5, 1989. Second- ed by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Voetherg. Nays--Council Members Heckmann, Kluesner. Absent--Council Members Pratt, Simon. Communication of David Hartig re- questing time to address the Council relative to (1) proposed amendment to Sign Ordinonce, Off-Pren~ise and (2) a meeting to deal with Planning for the City in an effective manner other than relying solely on the Planning and Zon- ing Commission, presented and read. Mr. Hartig spoke. Council Member Voetberg moved that the communicatinn be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetherg. Nays-- None. Absent--Council Members Pratt, Simon. Communication of City Manager sub- mitting Resolution authorizing execution ffa RISE application with IA DOT for completion of the NW Arterial from Jalm F. Kennedy Road to Route 52/3, pre- sented and read. Council Member Kluesner moved that ;he communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays-- None. Absent--Council Members Pratt, Simon. RESOLUTION NO. 297-89 RESOLUTION AUTHORIZING APPLICATION FOR RISE FUNDS 375 FOR THE COMPLETION OF THE NORTHWEST ARTERIAL WHEREAS, there is a need to com- plete the Northwest Arterial from J.F.K. Road from U.S. 52/U.S. 3; and WHEREAS, the completed Highway facility will enhance opportunities for economic development on the westerly and northerly sectors of the City; m~d WHEREAS, additionally this trans- portation arterial will facilitate tourists visiting the Little Maquoketa Mounds and the Heritage Trail north of the City of Dubuque; and WHEREAS. the completion of this Arterial would relieve overloaded traffic conditions on the primary system in the northerly part of the City of Dubuque; and WHEREAS, the County of Dubuque has pledged to join the City in suppor- ting the project and for utilization to RISE Funds allocated to counties for its part of the project. NOW, THEREFORE, BE IT SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That an application be sub- mit:ed to the Iowa Department of Trans- portation for a grant of $4,875,000.00 of RISE Funds to be used in completion of the Northwest Arterial from J.F.K. Road to U.S. 52/U.S. 3. Section 2. That the City endorses a completion of the project to enhance op- portunities for economic development in this section of the City. Section 3. That this improvement will be classified as a major Arterial and will be available for public use. Section 4. That the City of Dubuque will assume all responaibilties for the maintenance of that portion of the facility located within the City of Dubuque upon its completion. Section 5. That the Mayor is authoriz- ed and directed to sign a RISE applica- tion for local development funding and to forward the application to the Iowa Depatement of Transportation. Passed, approved, and adopted this 21st day of August, 1989. James E. Brady Mayor 21, 1989 ATTEST: Mary A. Davis City Clerk Council Member K/uesner moved adop- tion of the Rosalution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. kbsent--Council Member Pratt, Simon. Communication of the City Manager resubmitting a Rovised Section 8 which clarifies changes to the Street Tree and Landscaping on Public Right-of-Way presented and read. Council Member Voetberg moved that communication be received and filed. {ecomied by Council Member Khiesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Khiesner, Vcotherg. Nays-- None. Absent-Council Members Pratt, Simon. Council Member Voetberg moved that ,e considered the first reading of an ORDINANCE Amending Section 41-101 relating to the duty of abutting proper- ty owners to maintain sidewalks by p~?- riding that an owner who falls to mare- tain the aidewalk is liable to injured per- sons. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Member Dcich, Heckmann, Khiesner, Voetherg. Nays--None. Absent--Cmmcil Members Pratt, Simon. Communication of City Manager sub- ~nitting an Ordinance to amend the Human Rights Law, presented and read. Cmmcil Memher Voetberg moved that the communication be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Heckmann, Khiesner, Voetberg. Nays-- Abeent --Cmmcil Members Pratt, Simon. Council Member Voetberg moved that ;his be considered the Iirst reading of an ORDINANCE Amending the Code of Ordinances by repealing the exemptions in Section 27-82 and enacting a new Sec- tion 27-82 in lieu thereof providing for ex- eruptions for Elderly Housing. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Regular Session Brady, Council Members Deich, Heck- mann, Kluesner, Voetberg. Nays--None. Absent--Council Me~nbers Pratt, Simon. Communication of City Manager sub- mitting an Ordinance regarding the Human Rights Law, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Heckmann, Kluesner, Voetberg. Nays-- None. Absent--Council Members Pratt. Simon. Council Member Voetberg moved that this be considered the first reading of an ORDINANCE Amending the Code of Ordinances by adding a new Sub- paragraph "(C)" in Section 27-114 for Conciliation Conference and Persuasion Procedures under the Human Relations Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Me~nbers Daich, Heckmmm, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. BUSINESS LICENSES: Grand Cafe requesting to transfer their Beer Permit fi'om 35 E. 16th St. to 7th and Town Clock Plaza, presented and read. Council Member Voetberg moved that the transfer be approved. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon, RESOLUTION NO. 2984]9 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined trod approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City oI Dubuque, Iowa, that the manager be authorized to cause to be issued to the following nmned applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Sports Productions, Inc. August 21, 1989 376 Town Clock Plaza (Sunday Sals) (14 Day) (9-2-89 rain date 9-3-89) CLASS "C" BEER PERMIT Rainbo Oil Company KWIK Stop Food Mart 2225 Kerper Blvd. (Sunday Sales) Trans-Miss Investments, Inc. Oky Doky # 21 2010 Kerper Blvd. (Sunday Sales) CLASS "BE" BEER PERMIT JFT, LTD, Oky Doky # 1 250 West 1st St. (Sunday Sales) Passed, adopted trod approved tiffs 21st day of August 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adop- ion of the Resolution. Secondad by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Klueaner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. RESOLUTION NO. 29949 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the sanle have been examined and approved; and WHEREAS, The premises to be oc- cupied hy 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 Cotmcli of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the foliowing nmned applicants(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Thunderbirds Ltd. of Dubuque Thunderbirds Restaurant 660 Iowa St. (Sunday Safes) Jerry Lee James The Neighbors 1899 Rockdale Rd. (Sunday Sales) 377 Regular Session August 21, 1989 Elbo, Inc. Dr. B's Billard & Ice Cream Parlor 2095 Kerper Blvd. (Sunday Sales) Passed, adopted m~d approved this 21st day of August 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adop- tJon of the Resolution. Seconded by Corm- ell Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. MINUTES SUBMITTED: Housing Comm. of 7-11 & 8-8; Transit Trustee Bd. of 7-13; Keyfine Submitting Comparative Earnings Statement and Statistics for 4th Quarter for Fiscal Year 1989, presented and read. Council Member Voetberg moved that the minutes be received and filed. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. Project Concern/Phone-A-Friend, Inc. submitting summary and statistics for 4th Quarter of Fiscal Year, 1989, presented and read. Council Member Voetberg moved that the report be received and filed. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. Communication of Corporation Counsel recommending settlement of personal injury claim of Mrs. Jackie Williams for her son Aaron in the amount of $96, presented and read. Council Member Voetberg moved that the conununication be received and filed, settlement approved and Finance Direc- tor to issue the proper check. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. Communications of Corporation Counsel recommending denial/closure of following claims: clothing damage of Jesse A. Bartals; personal injury of Lan- ny Loague; personal injury of Mr. and Mrs. Leonard Young for daughter, Bar- bara Young; Personal injury of Erin E. Wagner, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays-- None. Abeent--Coundl Members Pratt, Simon. NOTICE OF CLAIMS/SUITS: Delores Armbruster in unknown amount for personal injuries; Mrs. Carol Dunlap for her daughter in amount of $75 for per- sonal injuries; Sue Moore for Carl Behn- lng in unknown amount for car damages; Charlotte Whitaker by Attorney Myles L. Berman submitting Notice of torney's Lien, 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 Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Councll Members Pratt, Simon. proof of publication, certified to by the Publisher, on Notice of Finding of No Significant Effect on the environment for Community Devalopment Project, pre- sented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Heckmama. Carried by the following vote: Yeas--Mayor Brady, Com~cil Mem- bers Deich, Hecknmnn, Kluesner, Voet- berg. Nays--None. Absent--Council Members Pratt, Simon. Dubuque County Historical Society re- questing permission to hold a limited aerial fireworks display at the 2nd Street Ice Harbor on September 3, 1989 as a finale to a 7:30 P.M. free public concert, presented and read. Council Member Voetberg moved that the request be approved, subject to im- plemontation of the City Manager. Regular Session, August 21, 1989 378 Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. Com~nunication of Linda McDonald, Cbnirperson of the Housing Commission, advising of their Con, mission's conduc- ting a review of tile "Freeway Corridor Plan" and initiating a study of the im- pacts on housing within the Central- White Corridor and the "Flats" nalgh- borhood and requesting to present the findings of this study prior to the Coun- cirs pubhc hearing on the Freeway Plan, presented and read. Council Member Voetherg moved that the communication be received m~d filed. Seconded by Council Member Heclm~mm. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg, Nays-- None, Absent--Counall Members Pratt Simon. Communication of Planning and Zon- lng Commission ndvising of their ap- proval of Final Plat, Dubuque Industrial Center, 7th Addition, located west of Radford Road, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Heckmarm, Kluesner, Voetberg. Nays-- None. Abeont--Councfl Members Pratt Simon. RESOLUTION NO. 300-89 A RESOLUTION APPROVING THE FINAL PLAT OF DUBUQUE, INDUSTRIAL CENTER, 7TH ADDITION, IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat Dubuque In- dustrial Center, 7th Addition, in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pears a street to be known as Chavenelle Road, together with certain public utili- ty easements which the Owners by said final plat have dedicated to the public forever; and WHEREAS, said final plat has been exmnined by the City Planning and Zon- ing Com~nission and had its approval dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that Chavenelle Road has not been improved; WHEREAS, the City Council concurs in the conditions of approval establish- ed by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section l.That the dedication of Chavenelle Rond, together with the easements for public utilities as the same appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Du- buque Industrial Center, 7th Addition, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and o hard surface with bituminous concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications; b. To install sanitary sewer mains md sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install stetro sewers and catch basins in accordance with plans submit- ted with the plat; e. To install concrete sidewalks as re- quired by Ordinances, and where directed by the City Engineer and the City Manager; li To install boulevard street lighting in accordance with City specifications; g. To construct the foregoing im- provements in accordance with plans and 379 Regular Session, August 21, 1989 specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To construct said improvements, except sidewalks, prior to two years from the date of acceptance of this resolution; i. To maintain the foregoing im- provements for a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide tbe foregoing construc- tion and maintenance at the sole expense of the subdivider, as owner, or future And further provided that said Du- buque In-Futuro, Inc., as owners of said subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Dubuque In-Futuro, Inc. shall fail to execute the acceptance and furnish the security pro- vided in Section 2 hereof within forty-five (45) days a~ter the date of the Resolution tbe provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved m~d adopted this 21st day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 300-89 We, the undersigned, Loras J. Klues- ncr, President and William Schrup, Secretary/Treasurer for Dubuque, Futuro, Inc., having read the terms and conditions of the Resolution No. 300-89 and bairg familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 21st day of August, 1989. DUBUQUE IN-FUTURO, INC. By s/Loras J. Kluesner, President By s/William Schrup Secretary/Treasurer Council Member Voetberg moved adoption of the Resolution, Seconded by Council Member Heckmann. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. Communication of City Manager sub- rdittlng resolution requesting release of funds for Community Development Block Grant Project, presented and read. Council Member Voetberg moved that tbe communicatlon be received and filed. Seconded by Council Member Heck- mann, Carried by tbe following vote: Yeas--Mayor Brady, Council Members Daich, Heckmmm, Kluesner, Voetberg. Nays--None. Absent--Council Members Pratt, Simon. RESOLUTION NO. 301-89 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuque, Iowa in conformance with the Environ- mental Review Procedures roi' the Com- muhity Development Block Grant Pro- gram, convened an Ad Hoc Committee on July 24, 1989 which completed an en- vironmentel assessment of the following: F. It. Ualner Precision Tools and Dies, Inc. Project and Battered Women's Shelter Project WHEREAS, pursuant to Resolution No. 281 & 282-89, adopted August 7, 1989, public notice of a "finding of No Significant Effect on the Environment" for the above projects was published August 9, 1989 in the Dubuque Tale- graph Herald, a newspaper of general cir~ culation, and provided for a public com- ment period until 12:00 Noon on Priday, August 25, 1989; and WHEREAS, public notice of a "find- ing of No Sigrdficant Effect on the En- vironment'' for the projects was sent by regdiar mail to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be appro- priate to review such a public notice; and WHEREAS, any and ail objections, if Regular Session August 21, 1989 380 any, to such proposals have been duly considered; and WHEREAS, it is the intent of tbe City Council to authorize the submission of a request to the U.S. Department of Hous- ing and Urban Development for the release of funds to carry out the above- identified projects. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the projects shall con- tinue to remain on file in the Office of the City Clerk where said record may be ex- amlned and copied by any interested party, Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment a request for release of funds to undertake the said projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a reeponsi- ble federal official under the National En- vironmental Projection Act, hisofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development responsibilities for review, decisinn-making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in his official capacity and on behalf of the City of Dubuque, to accept tke jurisdiction of the Federal Courts if an action is brougi~t to enforce r eeponsilfdities in relation to envirom~en- tal reviews, deciaion-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a certifica- tion pertaining to the environmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a Public Notice for a Request for Release of Funds in the form of Public No- tlce attached hereto and made a par~ thereof. Passed, approved and adopted tttis 21st day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of tbe Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Member Pratt, Simon. Communication of City Manager re- questing approval of an Annual Con- tributions Contract for Section 8 Hous- ing Vouchers Program in the amount of $83,128, presented and read. Council Member Voetberg moved that tbe communication be received and flied. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Member Pratt, Simon. RESOLUTION NO. 302.89 A RESOLUTION APPROVING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 HOUSING VOUCHERS PROGRAM NO. IA05-VO874)07 WHEREAS, tlie City Council author- i~ed an application to the U.S. Depart- ment of Housing and Urban Devalop- ment (HUD), in August, 1989, for an in- crement to the Section 8 Housing Voucher Program; and WHEREAS, the Department has ap- proved the application, in the amount of $83,128 Annual Contributions Authori- ty; and WHEREAS, the Department requires execution of an Annual Contributions Contract for the City's administration of these funds. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute an Annual Contributions Contract, with the U.S. Department of Housing and Urban Development, for Project No. IA05- VO87-007, under the Master Annual Contributions Contract No. KC-9004E, on behalf of the City of Dubuque. 381 Regular Session Section 2. Tins Resolution shall take ef- fect immedLutely. Passed, approved and adopted this 21st day of August, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Councll Member Voetberg moved adoption of the Resolution. Seconded by Council Member Heckmaun. Carried by the following vote: Yeas--Mayor Brady, Councll Members Deich, Heckmann, KLuesner, Voetberg. Nays--None. Absent--Council Member Pratt, Simon. Communication of City Manager submit- ting Financial Reports for months of June and July, 1989, presented and read. Council Member Voetberg moved that the communication be received and fded. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Voetberg. Nays--None. Absent--Council Member Fratt, Simon. Communication uf Planning and Zoning Commission Chair requesting a free- standing microphone be installed at the Public Library Auditorium which would allow a better static-free presentation, presented and read. CounCil Member Voetberg moved that the communication be received and filed. Seconded by Courted Member tteck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kinesner, Voetberg. Nays--None. Abeent--Councll Member Pratt, Simon. There being no further business, Mayor Brady moved to adjourn. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmanu, Kluesner, Voetberg. Nays--None. Absent--Council Member Pratt, Simon. Mary A. Davis City Clerk Approved -- 1989 Adopted _ -- 1989 August 21, 1989 Mayor Council Members ATTEST: City Clerk Regular Session, September 5, 1989 382 CITY COUNCIL OFFICIAL Regular Session, September 5, 1989 Council Met at 7:80 p.m., at the Public Library Auditorium. Present--Council Members Deich, Heckmann, Kluesner. Pratt, Simon, City Manager W. Kenneth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Absent at Roll Cail--Mayor Brady, Council Member Voetberg. Mayor Pro-Tem Deich called the meeting to order and stated tins is the REGULAR SESSION OF THE CITY COUNCIL called for the purpose to act upon such business which may properly come before the Courted. INVOCATION was given by Rev. Dennis Thompson, Pastor of Our Redeemer Lutheran Church. ~PROCLAMATIONS: September 4-9 as "UNION LABEL WEEK" received by Francis Guinta; September 17-23 as "CONSTITUTION WEEK"; Week of September 17th as "LORAS COLLEGE WEEK" received by Father Barta, President of Loras College. Mayor Fro-Tern Deich shuffled start- Lug numbers for "Manufacturers Waneye Council World Tournament" with assist- ance of Jim Vosberg and Steve Ernst, members of the organization. Council Member Voetberg entered the Council Chambers at 7:45 p.m. Mayor Brady entered the Chambers at 7:47 p.m. Council Member Simon moved that the rules be suspended to allow anyone pre- sent to address the Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mltting bidddng procedures for the repair and reconstruction of an existing sanitary sewer in the alley between Rhomberg Avenue and Lincoln Avenue, from Roosevelt Avenue to Shiras Avenue, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Pratt. Car- eied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Veer, berg. Nays--None. RESOLUTION NO. 303-89 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the SANITARY SEWER RECON- STRUCTION, ALLEY BETWEEN RHOMBERG AND LINCOLN. FROM ROOSEVELT TO SHIRAS, in the estimated amount of $101,688.67, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resalut~an. Seconded by Council Member Pratt. Carried by the foliowing vote: Yeas--Mayor Brady, CounCil Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 304-89 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, speeilications, and form of contract and placed same on file in the office of the City Cierk for public inspection of the SANITARY SEWER RECONSTRUC- TION, ALLEY BETWEEN RHOM- BERG AND LINCOLN, FROM ROOSEVELT TO SHIRAS. NOW, THEREFORE, BE IT RE- SOLVED, that on the 2ND OCTOBER, 1989, a pubilc hearing will be held at 7:30