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1989 September Council Proceedings381 Regular Session Section 2. This Resolution sh~l take el- fect immediately. 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 Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Voetberg. Nays--None. Absent--Council Member Pratt, Simon. Canmaunication 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 fried. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann. Khiesner, Voetberg. Nays--None. Absent--Council Member Pratt, Simon. Communication of Planning and Zoning Commission Chair requesting a free- standing microphone be installed at the Pabllc 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 Council Member ~leck- mann. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmaun, Kluesner, Voetberg. Nays--None. Absent--Council Member Pratt, Simon. There being no further business, Mayor Brady moved to adjourn. Seconded by Council Member Voetherg. Carried by the £ollowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, 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 7:30 p.m., at the Public Library Auditorium. Present--Council Members Deich, Heckmaun, Kluesner, Pratt, Simon, City Manager W. Kenneth Geathar t, Corpora- tion Counsel Barry A. Lindald. Absent at Roll Call--Mayor Brady, Council Member Voetberg. Mayor Prc~Tem Deich called the meeting to order and stated this is the REGULAR SESSION OF THE CITY COUNCIL called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. 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 Pro-Tern Deich shuffled start- ing numbers for "Manufacturers Walleye Council World Tounxament" with assist- ance of Jim Vosberg and Steve Ernst, members of the organization. Council Member Voetharg 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- mitting bidding 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 S~mon moved ~t the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon. Voetberg. Nays--None. RESOLUTION NO. 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 tbe 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. Jalnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Voetharg. 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, specifications, etd form of contract and placed some on file in the office of the City Clerk for public inspection of the SANITARY SEWER RECONSTRUC- TION, ALLEY BETWEEN RHOM- BERG AND LINCOLN, FROM ROOSEVELT TO SHIP, AS. NOW, THEREFORE. BE IT RE- SOLVED, that on the 2ND OCTOBER, 1989, a public hearing will be held at 7:30 383 Regular Session, September 5, 1989 p.m. in the PUBLIC LIBRARY AUDI- TORIUM at which time interested per- sons may appear and be beard for or against the proposed plans and specifica- tions, form of contract and cost of said improvemenL and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having generai circulation in the City of DubUque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved edop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun, Kinesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO, 305-89 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the SANITARY SEWER RECONSTRUCTION, ALLEY BE- TWEEN RHOMBERG AND LIN- COLN, FROM ROOSEVELT TO SHIRAS is hereby ordered to be adver- tised for bids for constractinn. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the constraction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be ty days prior to the receipt of said bids at 2:00 p.rm on the 21ST DAY OF SEPTEMBER, I989. Bids shall be opened and reed by the City Clerk at said time and will be submitted to the Coun- cil for final action aG 7:30 p.m. on the 2ND DAY OF OCTOBER. 1989. 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 Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- ~ mitring procedures for the constructmn, ~ of a temporary parking lot to be kicateu / on the north side of 5th Street, on the [ ~ast aide of Town Cieck plaza, presented md 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 Daich, Heckmann, Kinesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 306-89 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF ~HE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, 'orm of contract and estimated cost for the 5TH STREET TEMPORARY PARKING LOT, in the estimated amount of $50,348.90, are hereby ap- proved 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 Regular Session, September 5, 1989 384 Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 307-89 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, spedfications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 5TH STREET TEMPORARY PARK- lNG LOT. NOW, THEREFORE, BE IT RE- SOLVED, that on the 18TH DAY OF SEPTEMBER, 1989, a public hearing will be held at 7:30 p.m. in the PUBLIC LIBRARY AUDITORIUM at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twen- ty days prior to the day fixed for its con- aideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, con- tract, or estimated cost of the im- provement. Passed, approved and adopted this 5th day of September, 1989. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 308-89 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 5TH STREET TEM- PORARY PARKING LOT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be publisbed in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 12TH DAY OF SEPTEMBER, 1989. Bids shah be opened and read by the City Clerk at said time and will be submitted to the Coun- cil for final action at 7:30 p.m. on the 18TH DAY OF SEPTEMBER, 1989. 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 Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 309-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, 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 1989 P.C. CONCRETE PAVING PROJECT. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. 385 Regular Session, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution· Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None· RESOLUTION NO. 310-89 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLU- TION OF NECESSITY PROPOSED FOR THE 1989 P.C. CONCRETE PAVING pROJECT WHEREAS, tile City Council has pro- posed a Resolution of Necessity for the 1989 P.C. CONCRETE PAVING PRO- · JECT, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been hekl, all persons offering objections have been heard and consideration given to ail objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all ob- jections filed or made having been duly considered are overruled. Passed, approved and adopted this 5th day of September, 1989. September 5, 1989 James E. Brady Mayor qTTEST: Mary A. Davis City Clerk Council Member Kluesn~' moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Siman, Voetherg. Nays--None. RESOLUTION NO. 311-89 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1989 P.C. CONCRETE PAV- ING PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the ~ notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the constractten of the improvements herein pro¥ided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 21ST DAY OF SEPTEMBER, 1989. Bids shall be opened and read by the City Clerk at said and will be sub~hitted to the Coun- cil for final action at 7:30 p.m. on the 2ND DAY OF OCTOBER, 1989. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolntion. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None· Regular Session, September 5, 1989 386 Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider amending Conceptual Development Plans for property located north of Dodge St. and east of Wacker Drive, presented and read. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None· ORDINANCE NO. 40~9 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- D~X A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY AP- PROVING AN AMENDED CONCEP- TUAL DEVELOPMENT PLAN FOR THE PC PLANNED COMMERCIAL DISTRICT, LOCATED NORTH OF DODGE STREET AND EAST OF WACKER DRIVE, said Ordinance hav- ing been presented and read at the Coun- cil Meeting of August 21, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 40-89 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 AP- PROVING AN AMENDED CONCEP- TUAL DEVELOPMENT PLAN FOR THE PC PLANNED COMMERCIAL DISTRICT, LOCATED NORTH OF DODGE STREET AND EAST OF WACKER DRIVE. WHEREAS, Richard L. Davis, owner and applicant, has filed an amended con- ceptuai development plan for certain pro- perties hereinafter described in accor- dance with provisions of the PC Planned Commercial District regulations as set forth hi Section 3-3.8D of the Code of O~ dlnances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hearing on said amended conceptual development plan pursuant to required published notice; and WHEREAS, the Planning and Zoning Commission has approved said amend- ed conceptual plan subject to specific con- ditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-3.8D(4) of the Code of Ordinances, Appendix A thereof of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission recommended the concur- rence of the City Council and approval of said amended conceptual development plan; and WHEREAS, the City Council has received the recommendation of the Plan- ning and Zoning Commission and has held its own public hearing on said amended conceptual development plan pursuant to required published notice; WHEREAS, the City Council has ap- proved said amended conceptual develop- ment plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accomplish the purposes of the PC Planned Commer- cial District of the Zoning Ordinance of the City of Dubuque, Iowa, the amend- ed conceptual development, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot i in Hawkeye Highway 20 Place and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the PC Planned Commer- cial District and of the Zoning Ordinance, the property hereinabove described is subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above- described PC Planned Commercial District: 387 1) The principal permitted uses shall be limited to: a[ Hardware store [17] b) Flowers/garden stores/conuner- clsi greenhouse [17] c) Shoe repair [181 d) Commercial art gallery [17] e) Bakery. wknlesale/commer' c/al/retail [19] f) Indoor restaurant [20] g) Bar/tavern [20] h) Supermarket [17] i) Shoe store [17] j) Sewing/fabric store [17] k) Talloring/alteratians [18] 1) Books/stationery store [17] m) Gifte/sanvenir shop [17] n) Toys/hobby shop [171 o) Sporting goods sales and rents/ I171 p) Bicycle shop sales and rental [17] q) Camera/photo supply store [17] r) Furniture/home furnishing [27] s) Appliance sales and service [271 t) Radio/tv, etc. sales and service [171 u) Computer sales and services [17l v) Music store (sales/rental) [17] w) Catalog center [23] x) Laundromat [22] y) Furniture upholstery repair [18] z) Artist studio aa) Photographic studio [23] bb) Neighborhood shopping center [17] cc) Business services [29] dd) indoor amusement center [23[ ee) Office supply [19] fl) Indoor theater [48] gg) Indoor recreational facilities [37] hh Printing/publishing [32] il) Auto service Centers TBA) [34] jj) Auto parts/supply [17] kk) Local shopping center [17[ ii) parking structures [NA] ram) Wholesale sales/distributor [291 nnl Jewelry store [17] oo} General office [14] pp) Medical office/clinic [36] qq) Dental/medical lab [8] rr) Personal services [14] ss) Barber shop/beauty shop [16] tt) Grocery store [171 uu) Drug store/health cave sup- plies [17] Regular Session, September 5, 1989 w) Laundry/dry cleaners [19] ww) Department stores [17] xx) School of private instruction [4] yy) Private clubs zz) Motel I24] aaa) Banks/savinge and loans/ 2) A motel may only be constr~cted on Out parcel D. All necessary parking must be immediately adjoining the building. No motel parking shall be shared with retail parking. Such motel shall be used for lodging only, no assembly. 3) Accessary uses shall be lien/ted to any use customarily incidental and subor- dinate to the principal use. B. Lot and Bulk Regulations. Deveinpmeng of land in the particular PC planned Commercial District shall be regulated as follows: 1) All structures shall be a minimum of 40 feet from the front property line ad- nining Dodge Street and Wacker Drive. 2) No building or structure can ex- ceed 40 feet in height on the site. 3) A maximum buikfing area of 68,000 sq. ft. will be per,witted on the site. 4) The development shall consist of one main building and four separate structures, designated on the conceptual plan as Out parcels A, B, C and D. C. Parking Requirements. 1) The off-street parking re- quirements for the principal permitted s for the hersin described PC Planned Commercial District shall be designated by a bracket-enclosed nmnber next to the use, as described in Section 4-2.7 of the Zoning Ordinance of tbe City of Du- buque. The main building shall have a parking group number of [17[ and Out Parcels A, B, C and D shall have the parking group as prescribed by the use D. Site Plan Provisions, The site development standards for this PC planned Commercial District shall be as follows: 1) The landscaping and screening re- quiremente shall be established hi confor- mance with the requirements of Section Regular Session, Ss ,tember 5, 1989 388 4-4 and 4~5 of the Zoning Ordln~nce of the City of Dubuque, Iowa. A landscape area containing permeable and uncovered surface containing living materials shall be a ~um of 10% of the combined coverage and vehicular use area. 2) All parking aisles and traffic con- tral areas shall have raised curbing. E. Signs, The following regulations shall apply to all signs in this particular PC Planned Commercial District, as follows: 1) A mvximum of five free-st anding on-premise signs shall be permitted with a maximum area of 100 sq. ft. each and a moximum height of 40 feet. Two free- standing signs shall be center identifica- tion signs. 2) The total wall-mannted algnage maximum area shall be two square feet for each lineal foot of building facade. The algnable area shall be distributed among all tenants on the site, with a maximum of three signs per business. Wall-mounted signs may be incated on any wall below eave or parapet line. 3) A maxlnmm of two off-premise signs shall be permitted on the premises with the maximum area of 750 sq. ft. and a mmximum height shall be 40 feet. 4) Directional signs shall be permi~ ted at 6 sq. ft. per sign panel, either wall- mounted, projecting or free-standing. The maximum height of ten feet. 5) No name plate or directory signs are allowed. F. Time Limitation. The conceptual development plan shall be valid for a period of three years, pro- vided a final site development plan is sub- fintted within one year of the date of adoption. G. Transfer of Ownership. Transfer of ownership or lease of proper- ty in this PC Planned Commercial District shall include in the transfer or lease agreement, a provision that the put- chaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. Section 3. That a final site development plan shall be approved by the City Development Planner if found to be in conformance with the approved concep- tuai development plan. If found to be in conformance with said plan, the issuance of building permits shall be permitted. Following approval of the final site development plan, no constraction may take place except in substantial confor- mance with such plan. Passed, approved and adopted tkis 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 4~89 I, Richard L. Davis, having read the terms and conditions of the fomguing Or- dinance No. 40-89 and being familiar with the conditions thereof, hereby accept this same and ogree to the conditions required therein. Dated in Dubuque, Iowa this 5th day of Septemher, 1989. By: s]Richard L. Davis Published officially in the Telegraph Herald newspaper this 11th day of September, 1989. Mary A. Davis City Clerk It 9/11 Council Member Simon moved that they waive tbe rules requiring that a pm- posed Ordinanee be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted and further moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Klueener, Pratt, Simon, Voetberg. Nays--Council Mem- ber Heckmann. Communication of City Manager recommending to proceed with recon- struction of the Madison Street Steps, was presented and read. Attorney Steve Juergens, representing Mr. & Mrs. Roger Schlesi, addressed the Council stating the steps do need repair as this is the only access to their property. Would agree with statement contained in letter dated May 8th stating City would repair steps and then vacate to property owner (Schieal). Regular Session September 5, 1989 390 389 Regular Session, September 5, 1989 Council Member Heckmann moved that the communication of City Manager be received and filed a~d amend recom- mendatian of the City Manager that the City contribute up to $9,000 for construc- tion steps. Seconded by Council Member Simon. Vote on the motion was as fol- lows: Yeas--Mayor Brady, Com~cil Mem- bers Heckmam~, Simon. Nays--Council Members Delch, Khiesner, Pratt, Voet- berg. Motion Failed. Mayor Brady moved to deduct $3,000 from Manager recommendation regard- ing repairing steps and assess this amount to the property owner. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Pratt, Simon. Nays--Council Members Dalch, Khiesner, Voetberg. Council Member Pratt then moved to reconsider the amendment as proposed. Seconded by Cova~cil Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khies- ner, Pratt, Simon, Voetberg. Nays-- Council Member Heckmann. Canncil Member Pratt moved to recon- sider action taken regarding the partial assessment to the property owner. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Council Members Daich, Khiesner, Pratt, Voetberg. Nays--Mayor Brady, Council Members Heckmann, Simon. Motion Carried. Council Member Pratt moved to delete all amendinents and proceed with project as recommended by the City Manager and Staff. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Delch, IGuesner, Pratt, Voetberg. Nays--Mayor Brady, Council Members Heckmann, Simon. RESOLUTION NO. 312-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 10TH DAY OF MAY, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the MADISON STREET STEPS. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was pubfisbed as re- qnired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract m~d estimated cost Ior said improvemente for said project. Passed, approved and adopted tiffs 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalci~. Kluesner, Pratt, Simon, Vcetberg. Nays--Council Mem- RESOLUTION NO. 313-89 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the MADISON STREET STEPS is hereby ordered to be adver- tised for bids for construction. BE IT FURTHER RESOLVED, that the mnount of the security to accompnay each bid shail be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted, That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 26th day of Sep- tember, 1989. Bids shail be opened m~d read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 2nd day of Oc- tober, 1989. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Vcetherg. Nays--Council Mem- ber H~ckmann. ORDINANCE NO. 41-89 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 HEREINAFTER DESCRIBED PROPERTY SOUTH OF EAST THIRD STREET AND EAST OF BELL STREET FROM HI HEAVY INDUSTRIAL DISTRICT TO CR COMMERCIAL RECREATION DIS- TRICT, said Ordinance having been presented and read at the Council Meetings of July 17th, August 7th, and August 21st, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 41-89 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 HEREINAFTER DESCRIBED PROPERTY SOUTH OF EAST THIRD STREET AND EAST OF BELL STREET FROM HI HEAVY INDUSTRIAL DISTRICT TO CR COMMERCIAL RECREATION DIS- TRICT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from HI Heavy Industrial District to CR Com- nerciai Recreation District, to wit: Lot I through 19, inclusive, in Block L in Booth's Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, ex- copt that poction of Lots 13-19 ly- lng south of the 18 fcot railroad right-of-way intersec~hig said Lots 13-19 plus the southerly 9 feet of said 18 foot railroad right-of-way, intersecting said Lots 13-19, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been reviewed by the planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ~TTEST: Mary A. Davis City Clerk Published officially in the Telegraph Heraid this 11th day of September, 1989. Mary A. Davis City Clerk It 9/11 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-- Council Member Simon. ORDINANCE NO. 42-89 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 HEREINAFTER DESCRIBED PROPERTY EAST OF CEDAR CROSS ROAD FROM AG AGRICULTURAL TO CS COMMER- CIAL SERVICE AND WHOLESALE DISTRICT. said Ordinance having been 391 Regular Session, September 5, 1989 presented and read at the Council Meetings of July 17th, August 7th, August 21st, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 42-89 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 HEREINAFTER DESCRIBED PROPERTY EAST OF CEDAR CROSS ROAD FROM AG AGRICULTURAL TO CS COMMER- CIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by revising Appendix A thereof, also ka~own as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from AG Agricultural to CS Conunercial Service and Wholesale District, to wit: Lot I of Lot 1 of Mineral Lot 231, and the center line of the adjoin- ing public right-of-way all in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been reviewed by the planulrg and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day oI September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this llth day of September, 1989. Mary A. Davis City Clerk it 9/11 Council Member Kinesner moved final adoption of the Ordinance as amended. Seconded by Council Member Pratt. Car- tied by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon. Nays-- Council Member Voetberg. ORDINANCE NO, 43-89 AN ORDINANCE AMENDING SEC- TION 41-101 OF THE CITY OF DU- BUQUE CODE OF ORDINANCES, RELATING TO THE DUTY OF THE OWNER OF PROPERTY ABUq'TtNG UPON A SIDEWALK TO MAINTAIN THE SIDEWALK IN A STATE OF GOOD REPAIR, BY PROVIDING THAT AN OWNER WHO FAILS TO SO MAINTAIN SAID SIDEWALK SHALL BE LIABLE TO PERSONS INJURED THEREON, AND FUR- THER REQUIRING THE OWNER TO DEFEND AND INDEMNIFY THE CITY OF DUBUQUE FROM CLAIMS ARISING OUT OF THE FAILURE TO MAINTAIN SAID SIDEWALK, said Ordinance having been presented and read at the Council Meeting of August 21st, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 43-89 AN ORDINANCE AMENDING SEC- TION 41-101 OF THE CITY OF DU- BUQUE CODE OF ORDINANCES, RELATING TO THE DUTY OF THE OWNER OF PROPERTY ABUTTING UPON A SIDEWALK TO MAINTAIN THE SIDEWALK IN A STATE OF GOOD REPAIR, BY PROVIDING THAT AN OWNER WHO FAILS TO SO MAINTAIN SAID SIDEWALK SHALL BE LIABLE TO PERSONS INJURED THEREON, AND FUR- THER REQUIRING THE OWNER TO DEFEND AND INDEMNIFY THE CITY OF DUBUQUE FROM CLAIMS ARISING OUT OF THE FAILURE TO MAINTAIN SAID SIDEWALK. Section 1. Section 41-101 of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. The following new Section 41-101 is hereby adopted: Section 41-101. Duty of owner to repair; liability for failure to repah'. The owner of any lot or parcel thereof abutting upon any side- walk on the city streets in the city Regular Session, shall maintain said sidewalk in a state of good repair, free from that the sidewalk does not con- stitute a safety hazard, and such state of disrepair is hereby declared a public nuisance. The owner of any lot or parcel who fails to so maintain said sidewalk shall be liable to any person injured ss a result of such fallm'e to maintain said sidewalk and shall further save, defend, indemnify and hold harmless the City of Dubuque from and against any claim aris- ing out of of the failure to main- taln said sidewalk. Section 3. This amendment shall take effect upon publication as provided by law. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 11th day of September, 1989. Mary A. Davis City Clerk It 9/11 Council Member Simon moved that the rules be waived requiring that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoptinn of the Ordinance. Second- ed by Council Member Veetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heck- mann, Kinesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 44-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING THE EXEMPTIONS IN SECTION 27-82 AND ENACTING A NEW SECTION 27-82 IN LIEU THEREOF PROVIDING FOR EX- EMPTIONS FOR ELDERLY HOUS- ING, said Ordinance having been presented and read at the Council Se ~tember 5, 1989 392 Meeting of August 21, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 44.89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING THE EXEMPTIONS IN SECTION 27-82 AND ENACTING A NEW SECTION 27-82 IN LIEU THEREOF PROVIDING FOR EX- eMPTIONS FOR ELDERLY HOUSING. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinanees of the City of Dubuque, Iowa, be amend- ed by repealing Section 27-82. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed as follows: "Sec. 27-82. Exemptions fi'om division. The provision of this division shall not apply to: I1) Any bona fide religious institu- tion with respect to any qualifica- tions it may impose based on religion when such qualifications are related to a bona fide rciigious purpose. (2) The rental or leasing of a hous- ing accommodation in a building which contains housing accom- modation for not more than two (2) fmnilies living independently of each other, if the owner or family me~nbers reside in one of such accommodations. (8) The rental or leasing of less than six (6) rooms within a single housing acconm~edation by the o~ cupent or owner of such housing accommodation, if family mem- bers reside therein. (4) a. Restrictions based on sex on the rental or leasing of housing accommodations by a nonprofit corporation. b. The rental or leasing of a housing acconnnodatinn within which residents of both sexes 393 Regular Session, September 5, 1989 facility on the same floor of the building. (5) Any Housing exemptions pro- vided for in Section 807(b) of the United States 'Fair Housing Act' (42 U.S.C. 3607 as amended.)" Passed, approved and adopted this 5th day of September, 1989. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this llth day of September, 1989. Mary A. Davis City Clerk It 9/11 Council Member Voetherg moved that the rules be waived requiring that a pro- posed Ordinance be consklered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 454]9 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SUBPARAGRAPH "(C)' IN SECTION 27-114 FOR CON- CILIATION CONFERENCE AND PERSUASION PROCEDURES UN- DER THE HUMAN RELATIONS OR- DINANCE, said Ordinance having been presented and read at the Council Meeting of August 21st, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 45-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SUBPARAGRAPH "(C)" IN SECTION 27-114 FOR CON- CILIATION CONFERENCE AND PERSUASION PROCEDURES UN- DER THE HUMAN RELATIONS ORDINANCE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the Cede of Ordinances of Dubuque, Iowa, be amended by enact- ing a new subparagraph "(c)" in Section 27-114 as follows: (c) Conciliation Conference and Persuasion Procedures. The com- mission staff must endeavor to eliminate the discriminatory or un- fair practice by concliiation con- ference and persuasion for a period of thirty days following the initial conciliation meeting between the respondent and the commission staff alter a finding of probable cause. After the expiration of thk- ty days, the director may order the conciliation conference and persuasion procedure provided in this section to be bypassed when the director determines the pro- cedure is unworkable by reason of past patterns and practices of the respondent, or a statement by the respondent that. the respondent is unwilling to continue with the con- ciliation. The director must have the approval of a conuulssinner before bypassing the conciliation conference and persuasion pro- cedure. Upon the bypassing of conciliation, the director shall state in writing the reasons for bypassing. Section 2: This Ordinance shall be in fu[l force and effect hnmediately upon its final adoption and publication as provid- ed by law. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Cierk Published officially in the Telegraph Herald newspaper this 11th day of September, 1989. Mary A. Davis City Clerk it 9/11 Council Member Voetberg moved that the rafes be waived requiring that a pro- ~osed Ordinance be considerd and voted Regular Session, on for passage at two Council Meetings prior to the meeting at which it is to be finelly adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Heckmann, Kinesner, Pratt, Simon, Veetherg. Nays--None. Communication of City Manager re- questing Mayor be authorized to sign a Community Economic Betterment Ac- count (CEBA) application to the Iowa Dept. of Economic Development for Trilog, Inc. in the amount of $600.000., and requesting a package deal. Council Member Voetherg moved that the communication be received and flied and approve the proposed package. Seconded by Council Member Pratt. Car- ried by the fo[lowing vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 314-89 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT AC- COUNT PROGRAM APPLICATION ON BEHALF OF TRILOG, INC. WHEREAS, Trilog, Inc., of philadelphia, pennsylvania, has proposed the location of a pension plan administra- tion center in the City of Dubuque; and WHEREAS, the City Council of Du- buque, Iowa, has considered said pro- posel and has determined that it will con- tribute to the local economy; and WHEREAS, the Community Eco- nomic Betterment Account (CEBA) pro- gram has been created by the Iowa Department of Economic Development to assist the economic development ef- forts of local jurisdictions; and WHEREAS, the City of Dubuque, Iowo~ is eh'gible to apply for fandkg from the Community Economic Betterment Account program as defined in House File 225, Acts of the 71st General Assembly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an opplica- September 5, 1989 394 tion for participation in the Iowa Com- munity Economic Betterment Account )rogram on behalf of Trilog, Inc., is hereby approved. Section 2. That the Mayor be and he is hereby authorized and directed to ex- ecute said application on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager be and he is hereby authorized and directed to submit said application to the Iowa Department of Economic Development and other appropriate agencies together with such documents as may be required. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- queeting authority to prcceed with a pay and classification study for all non- bargalhing unit employees (placed on agenda per a verbal request of Council Member Kluesner), presented and read. Council Member Kluesner moved that the communication be received and filed and study approved. Seconded by Coun- cil Member Pratt. Can'ied by the follow- ing vote: Yeas--Council Me~nber s Klues- net, Pratt, Simon, Voetherg. Nays-- Mayor Brady, Council Members Delch, Heckmann. BOARDS AND COMMISSIONS: AIRPORT COMMISSION: One six year term which will expire September 14, 1995 (term held by A. Honkamp). Ap- plicants: Arnald Honkamp, Dr. Craig Rose, Mark Sehuppener. Vote on the appointment was as foliows: Mayor Brady voted for Hon- kamp; Council Member Deich voted for Honkamp; Council Member Heckmann voted for Honkamp; Council Member Kinesner voted for Honkamp; Council Member Pratt voted for Honkamp; 395 Council Member Simon voted for Honkamp; Council Member Voetberg voted for Hankamp. Therefore, Arnold Honkamp was reappointed to the Airport Commission for a six year term which will expire 9-14-95. DOCK BOARD: One term which will expire November 26, 199L (Term of D. Block) Applicants: Danid Block and Charles Scott, Jr. Vote on the appointment was as fei/owe: Mayor Brady voted for Block; Council Member Deich voted for Block; Council Member Heckmaun voted for Block; Council Member Kluesner voted for Block; Council Member Pratt voted for Block; Council Member Simon voted for Block; Council Member Voetberg voted for Block. Therefore, Daniel Block reappointed to the Dock Board for a three year term which will expire 11-26-91. RESOLUTION NO. 31549 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the fei/owing having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to ceil Cigar- cites and Cigarette Papers within said City. Joseph Speeht Specht's Pipe Inn Kennedy Mall Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member De/ch moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckmaun, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 316~89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be cc- cupied by such applicants were inspected Regular Session, September 5, 1989 and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT ~,lthaus Family Mart, Inc. 3201 Central (Also Sunday Sales) Mnlgrew Oil Co. Asbury Fastop 3300 Asbury (Also Sunday Saies) The Lincoln Co. Casey's General Stere 4003 Peru Rd. (Also San(lay Sales) lowa Oil Company CitgolIOCO 1387 Dodge St. (Also Sunday Se/es) Delmer S. O'Hea Grandvlew Milk House 620 S. Grandview (Also Sunday Sales) CLASS "B" BEER pERMIT Chris Baethke Grand Tap Town Clock Plaza (14 Day) (Also Sunday Sales) Passed, approved and adopted this 5th day of September, 1989. Jmnes E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member De/ch moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 317-89 WHEREAS, Applications for Liquor have been subwAtted to this Council for approval and the same have been examln~d and approved; and WHEREAS, The premises to be cupied by such applicants were inspected and found to comply with the State Law and ail City Ordinances relevant thereto Regular Session, September 5, 1989 396 and they have flied 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 Eagle Point Associates, Inc. The Tallbridge Inn 2800 Rimmberg Ave. IA/ce Sunday Sales) p.M.S.T. Inc Happy's Place 2323 Rockdale Rd. IAlso Sunday Saies) James R. Bainbridge Ryan House 1375 Locust St. (Also Sunday Saiee) CLASS "E" LIQUOR LICENSE JFT, Ltd. Oky Doky #1 250 West let St. Passed, approved and adopted this 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delck moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heekmarm, Kluesner, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Airport Comm. of 8-8; Five Flags Comm. of 8-21 park and Recreation Co,mn. of 8-8; police Retirement Bd. of 8-15; Police and Fire Retirement Boards of 8-15; Plannlng and Zoning Commission of 8-2, presented and read. Council Member Voetberg moved that the minutes be received and filed. Second- ed by Council Member Kluesne~. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Hock- mann, KIuesner, Pratt, Simon, Voetberg. Nays--None. Communication of Gerald Hird submi~ ting financiai reports of Dubuque Fire Retirement System for year ending 6-30-89 and Dubuque Police Retirement System for the year ending June 30, 1989; Communication of City Manager advising of Fiscal Year 1989 incomplete Capitai Projects which will be carried for- ward into Fiscal Year 1990, presented and read. Council Member Voetberg moved that the reports be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delck, Hock- mann, Klueaner, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS: Cor- rine Armbruster in mcknown amount for ~ersonel injuries; Lynn E. Lampe in uuount of $587.00 for property dmnages; Harold Morton in mount of $653.26 for car damages; Shirley Schroeder in amount of $200 for personal injuries; Brendan Quann in amount of $36 for reimbursement of sidewalk repairs, presented and read. Council Member Pratt moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Cotmcil Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communications of Corporation Counsel recommending settlement of per- sene/injury claim of Mr. and Mrs. Clyde Dunlap in the amount of $75.50; tire damage claim of Cathy Haiaiet in the amount of $70.53, presented and read. Council Member Voetberg moved that the communications be received and filed and the Finance Director to issue the pr~- per check. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady. Council Members De/c/i, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communications of Corporation Counsel recommending denial/closure of personal injury clsim of Delores Arm- bruster; property damage daim of Merlin Brown, Sr.; tire damage claim of James N. Clark, presented and read. Counefl Member Voetberg moved that the communications be received and filed and the recommendations approved. Seconded by Council Member Kluesner. 397 Regular Session, Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Communication of James Jayco× sub- nutting ins resignation from Human Rights Commission, presented and read. Council Member Voetberg moved that the communication be received and filed and accepted with regret. Seconded by Coundl Member Kluesner. Carded by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Khieaner, Pratt, Simon, Voetberg. Nays--None. Communications of John Hess and Charles Ternent requesting Council reconsider their action regarding rezon- ing request of Wal-Mart, presented and read. Council Member Voetberg moved that the commtmications be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Hecknarnn, Kluesner, Pratt, Simon, V~etberg. Nays--None. proofs of publication, certified to by the Publisher, on Notice of Finding of No Significant Effect on the Environment for the projects identified as Battered Women's Shelter and F.H. Uelner Preci- sion Tools and Dies, Inc.; Proof of publication, certified to by the Publisher, advising of intent to release Communi- ty Development Block Grant Funds for F.H. Uelner Precision Tools and Dies, Inc., Project and Battered Women's Shelter Project; Proofs of publication, certified to by the Publisher, on Notice of Filing of the Final Plat and Schedule of Assessments for the construction of Gillespie Street Sanitary Sewer and Roosevelt Road Sanitary Sewer; Ce~~ tificates of City Clerk certifying that notices of Final Levy for Gillespie Street Sanitary Sewer and Roosevelt Road Sanitary Sewer were mailed by certified mail to known property owners on August 16, 1989, presented and read. Council Member Vantberg moved that the proofs and certificate be received and filed. Seconded by Council Member Kluesnar. Carried by the following vote: Yeas--Mayor Brady, Councll Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. September 5, 1989 Communication of City Manager recommending acceptance of Grandview Avenue Sanitary Sewer Reconstruction project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by tho fallowing vote: Yeas-- Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 318-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the GRANDVIEW AVENUE SANITARY SEWER RECONSTRUCTION has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque,~ Iowa, that the recommen- ~ Manager be approved and that said improvemant 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 sanitary sewer construction fund in amount equal to the mnount of his con- tract, less any retained percentage pro- for therein. Passed, approved and adopted tins 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolutlon. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Coundl Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 319-89 FINAL ESTIMATE WHEREAS, the contract for the GRANDVIEW AVENUE SANITARY Regular Session, September sEWER RECONSTRUCTION has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all misceliauanus costs; NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the cost of said im- provement is hereby determined to be $88,876.57 and the said amount shall be paid from the sanitary sewer construc- tion fund of the City of Dubuque, Iowa. Passed, approved and adopted tins 5th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Klananer. Carried by the following vote: Yeas--Mayar Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mltting annual investment report prescribed within the "Statement of In- vestment Policy" established for the City, presented and read. Council Member Voetberg moved that the communication be received and fled. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Vantberg. Nays--Nane. Petition of Sue Smith, Preaident of American Dragon Boat Ass~ requesting to ignite a 50 inch string of fb-ecrackers in a dragon's mouth during the Intexna- tiunai Dragon Boat Festival on Sept. 9-10, presented and read. Council Member Voetberg moved that the petition be approved and referred to the City Manager for implementation. Seconded by Council Member Kinesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Comnmnication of City Manager 5, 1989 398 recommending acceptance of Contract between the Five Flags Center and the Dubuque Fighting Saints Assn., pre- sented and read. Council Member Voetberg moved that the communication be received and filed and approved. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. City Manager briefly reviewed the Budget Guidelines for preparing the FY 1991 Budget. At 10:12 p.m. Council Member Khiesner moved to go into Closed Ses- sion in accordance with Chapter 20.17 of the 1989 Code of Iowa, as amended, for the purpose to discuss Collective Bargaining Strategy. Seconde~,by~C,ann- cfi Member Pratt. Carried by the muow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council reconvened in Regular Session at 10:34 p.m. There being no fur tber business, Coun- cil Member Kluesner moved to adjourn the meeting. Seconded by Council Member Pratt. Carried by the foliowlng vote: Yeas--Mayor Brady, Council ~Iembers Dcich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 10:35 p.m. Mary A. Davis City Clerk Approved 1990 Adopted _ -- 1990 Mayor Council Members ATTEST: City Clerk 399 CITY COUNCIL OFFICIAL Regular Session, September 18, 1989 Council Met at 7:30 p.m., at the Public Library Auditorium. Preseut--Mayor Brady, Council Mem- bers Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg, City Manager W. Ken- neth Gearhm't, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MEETING of the City Council called for the purpose to act upon such business whicli may properly come before the Council. INVOCATION was given by Rev. William Dix, Pastor of the Apostolic Christian Church. PROCLAMATIONS: Week of Sep- tembex 18-23 as "Family Literacy Week" received by Donna McLean; September 20 as "National Education Day" received by Mayor Brady; Joining Centennial Celebration by War~- burg SexoJne~ with Dubuque as its perau~ nent office, received by B/II Mfland, Pres.; October 31st, during the hours of 5:30 p.m. to 7:30 p.m. as "Trick or Treat Night"; September 23-30 as "Banned Books Week" received by Library Director Nicky Stanke; Debra Neels presented A1Heitzman, City Finance Director, with the "Award of Financial Reporting Achievement". Prcof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specifications for constructinn of 5th Street Temporary parldng Lot, presented and read. Tbere were no written objections received and no oral objectors present at the time of the Hearing. Council Member Heckmann moved that the proof of publicatinn be received and flied. Seconded by Council Member Voetberg. Cartied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 320.89 RESOLUTION ADOPTING pLANS AND SPECIFICATIONS r Session, September 18, 1989 WHEREAS, on the 30TH DAY OF AUGUST, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 5TH STREET TEM- PORARY PARKING LOT. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- qnired by law. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said Passed, approved and adopted this ~8th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council Member Deich moved to sus- pend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Vcetberg. Carried by the fallowing vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice to bidders of tim receipt of bids for tbe construct/on of 5th Street Temporary Parking Lot, AND Communication of City Manager recom- mending to award contract for project, presented and read. Council Member Heckmann moved that the proof of publication be received and flied. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kinesner, pratt, Simon, Voetberg. Nays--None. Regular Session, September RESOLUTION NO. 321-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the 5TH STREET TEMPORARY PARK- ING LOT pursuant to Resolution No. 308-89 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7TH DAY OF SEPTEMBER, 1989. WHEREAS, said sealed proposals were opened and read on the 12TH DAY OF SEPTEMBER, 1989 and it has been determined that tbe bid of RIVER CITY PAVING,/NC. oI DUBUQUE, IOWA in the amount of $36,794.80 was the lowest bid for the furnishings of alllabor and materials and performing the work as provided for in the plans and speci- fications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to RIVER CITY PAVING, INC. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approvai 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 18th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Cleric4;' Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending a public hearing be held to dispose of City's interest in certain property, presented and read. Council Member Kluesner movad that 18, 1989 400 the communication be received and flied. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 322-89 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 1-1-1-1-1-1-1 OF THE SW ¼ - SW ¼ OF SECTION 16, T89N, R2E, 5TH P.M. TO INTERSTATE POWER COMPANY WHEREAS, the City of Dubuque ac- quired Let 1-1-1-1-1-1-1 of the SW ¼ - SW ¼ of Section 16, T89N, R2E, 5th P.M. from the Salvo-Saias Partnership as right-of-way for the Northwest Arterial; and WHEREAS, said Lot has been deter- mined to be excess right-of-way; and WHEREAS, Interstate Power Com- party is desh. ons of acquiring additional property contiguous of their present substation to compensate for the loss of adjacent property to the west which was acquired by the City as Northwest Ar teridi right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of it's interest in Lot 1-1-1-1-1-1-1 of the SW Va of the SW ¼ of Section 16, T89N, R2E, of the 5th Principal Meridian in the City of Dubuque, Iowa, containing 0.213 acres, by Quit Claim Deed to Interstate Power Company. Section 2. That the conveyance of the City's interest shall be for one dollar and other good and valuable consideratinn. Section 3. That the City Clerk be and is hereby authorized and directed to cause and notice to be published as prescribed under 364.7, Disposal of Pro- perty, Code of Iowa, 1989, as amended. Passed, approved and adopted this 18th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk September 18, 1989 402 401 Council Member KIueaner moved adop- tion of the Resolutiun. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalak, Heckmann, Kfueaner, Pratt, Simon, Voetherg. Nays--None. JOINT MEETING with Sagevllle City Council to discuss North West Arterial as requested by Mayor Brady was hald. Mayor Ralph Dean and Council Members Mike Wilson and Milt Eichman, all from City of Sageville, joined the Council at the table. Questions were asked and answered and concerns were expressed by both bodies. Upon reechi~g mutual agreements, Council Member Kfuesner moved that they receive and file letters from Mayor Brady and Dubuque County Supervisors to City of Sageviile, concur with the con- tents and directed Corporation Counsel to meet with attorneys of the County and Sageville to draw up an agreement whereby they legalize the responsibility of the parties and authorize the Mayor to execute upon completion. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesnar, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager presenting the ffuakzed Fiscal Year 1991 Budget Policy Gdideh'ues for Council ap- proval, presented and read. Council Member Kluesner moved that the communication be received and filed and guidelines approved. Seconded by Council Member Pratt. Mayor Brady moved to amend the guidelines by changing Number 10 to read Council will make final priority for additional funds if needed. MOTION DIED FOR LACK OF SECOND. Vote on the original to approve was: yeas--Mayor Brady, Council Members Delch, Heckmann, Klueaner, Pratt, Simon, Voetharg. Nays--None. Canununicatiun of City Manager re- porting that the Sign Moratorium along the Freeway Corridor ends September 23, 1989 and requesting further direction presented and read. CounCil Member Heckmann moved that the communication be received and Regular Session, September 18, 1989 1. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 46-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING sECTION 3-64, DIVISION 3, ARTI- CLE 3, OF THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BY pROVIDING FOR A MORATORIUM ON THE ISSUANCE OF PERMITS FOR BILLBOARDS IN THE CITY OF DUBUQUE, presented and read. (OFFICIAL pUBLICATION) ORDINANCE NO. 46-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING SEC- TION 3-64, DIVISION 3, ARTICLE 3, CHAPTER 3, OF THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BY pROVIDING FOR A MORATORIUM ON THE ISSUANCE OF PERMITS FOR BILLBOARDS IN THE CITY OF DUBUQUE. WHEREAS, the City Council in response to a citizens' petition did re- quest the phaming and Zoning Commis- sion to study the regulations relating to billboards and to make its recommenda- tion to the City Council for Zoning Or- dinance amendinents; and WHEREAS, the plmmfug and Zoning Commission did form a Freeway Plan- ning Comn~ttee to study the Freeway 61/151 Corridor for redevelopment oppor- tunities, appropriate reuse of vacant and under utilized land and the promotion of compatible land uses along and adjacent to the corridor; and WHEREAS, the Commission has com- pleted a study of sigu regulations and recommends a moratorium on billboard sign permit issuance within the Freeway Corridor area; and WHEREAS, the Freeway Corridor Planning Committee has made a recom- mendation regarding land use within tbe corridor to the planning and Zoning Commission; and WHEREAS, the planning and Zoning Commission has not had an opportunity Regular Scse;.on, to discuss those reconunendations at this time; and WHEREAS, the City Council deems it in the best interest of the City to allow the Canm~isalun and the City Council additional time to study the issues of Freeway Corridor planning. NOW, THEREFORE, BE IT OP~ DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Sectiun 3-64, Division 3, Article 3, Chapter 3 of the Code of Or- dinances be amended by adding thereto the following new paragraph: "No permit for an off-premise sign, as defined in Subsection 4-3 of the Zoning Ordinance, within the Freeway Corridor area as shown on the attached map, shall be issued by the builldng official from the date of the adoption of this Ordinance for a period of 90 days thereafter. The moratorium provided for herein shall not be construed to deprive any person, firm, or corporation of a vested right which such person, firm, or corporation may have acquired as a matter of law for the construc- tlon of an off-premise sign as of the effective date of the edoption of this ordinance. Any person, firm, or corporation aggrieved by or adversely affected by the building offiCial's refusal to issue a permit for the construction of an off-premise sign pursuant to this moratorium shall appeal there- from to the City Council of the City of Dubuque". Passed, approved and adopted this 18th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 21st day of September, 1989. Mary A. Davis City Clerk It 9121 Council Member Heckmann moved that the reading just had be considered the first reading of the Ordinance; that Ordinance to be and read at two meetings prior to the meeting when final action is taken, be dispensed with and further moved final adoption of the Ordinance. Second- ed by Council Member Pratt. Carried by the fullowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voctberg. Nays--None. Communication of City Manager re- garding dispostion of Urban Renewal Site for hotel development, presented and read. Council Member Pratt moved that this matter be delayed until a meeting on October 9th at 7:00 p.m. at the Public Library Auditorium. Seconded by Coun- cil Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Dubuque County Super- visors requesting name of Council Member for placement on Dubuque County Resource Enhancement Commit- tee, presented and read. Council Member Pratt moved that the received and filed and Court- cfi Member Deich appointed to the Com- mittee. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 323-89 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having compiled with the pro- visions of inw relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Dennis P, Dolan Union Cigar Store 336 Main St. Passed, approved and adopted this 18th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 403 Regular Session, Coundl Member Kluesnsr moved adop- tlon of the Resolution. Seconded by CuunCll Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kineaner, Pratt, Simon, Voetbarg. Nays--None. RESOLUTION NO. 324-89 WHEREAS, Applications for Bcer Permits have been submitted and filed to this Council for approval and the same have been e×ar~Jned and approved; and WHEREAS, The premises to be ou- copied 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 Holy Trinity parish 1700 Lincoln {Also Sunday Sales) pizza Hut of Dubuque #2, Inc. 320 E. 20th (Also Sunday Sales) Passed, approved and edop~ed this 18th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member IGueaner moved adop- tion of the Resolu~ian. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, CounCil Members Deich, Heckmann, Kluesnec, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 325-89 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The pre~ises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto ember 18, 1989 and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City Iowa, that the Manager be authorized to cause to be issued to the following named applicant{s) a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Motor Hotels, Inc. Holiday Inn Dubuque 1111 Dodge St (Also Sunday Sales) CLASS "C" {COMMERCIAL) BEER AND LIQUOR LICENSE LeRoy A. Miller Whitey's Bar-X 2616 Windsor Ave. (Also Sunday Sales) Admiral's Hi-Hat West, Inc. 253 Main St. (Also Sunday Sales) Passed, approved and adopted thiz 1eth day of September, 1989. James E. Bredy Mayor ATTEST: Mary A. Davis City Clerk Council Member KInssner moved adop' tion of the Resolution. Seconded by Council Men, bet Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, pratt, Simon, Voetherg. Nays--None. MINUTES sEBMFPTED: Historic n of 8-22; public Library Board of 8-24 & 9-5, were presented, Council Member Voetberg moved that the minutes be rec6ved and filed. Seco~n~d~ ed by Council Member Heckmann. ~ar fled by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Klueaner, pratt, Simon, Vcetberg. Nays--None. NOTICE OF CLAIMS/SUITS: Richard Fabey in ur~anwn amannt for backed-up sewer damages; Jeff Kane in unknown amount for backed-up sewer damages; Michael Kruse in an~ount of $87.59 for backed-up sewer damages; Smith Management in amcamt of $60 for backed-up sewer damages; Mark Urban Regular Session, September 18, 1989 in unknown amount for personal injuries to his son, Cinistopber; Attorney James Reynolds on behalf of Sberrall Welter, in unknown amount for personal injuries, 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, Pratt, Sinmn, Vnstberg. Nays--None. Communication of Corporation Counsel recommending settlement in amount of $33,92 for car door damage claim of Jane Brown, presented and read. Council Member Voetbarg moved that the communication be received and fried and settlement approved and Finance Director to issue check. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communications of Corporation Counsel recommending denin~closure of personal injury claim of Corrine Ar~n- brnster; property damage claims of Lynn Lampe 12); car door damage claim of Sue Moore; property damage claim of Janet Schmitt; personal injury claim of Shirley Ann Schroeder, presented and read, Council Member Voetberg moved that the communications be received and filed and recommendations approved. Second- ed by Council Member Heckmann. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Khiesner, Pratt, Simon, ¥oetberg. Nays--None. Petition of Dubuque County Board of Supervisors requesting consideration be given to close-caption the Board of Supervisors' meetings which are tele- vised over the cable station, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, ¥oetberg. Nays--None. 4O4 Petition of JoAnn McCauley re- questing a study be done regarding the traffic signal at the Midway Motel in- tersection, presented and read. Council Member Voetberg moved that the petition be received and fried. Second- ed by Council Member Heckmann. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesnar, Pratt, Simon, Voetberg. Nays--None. proof of publication, certified to by the publisher, on List of claims for month of July, 1989, presented and read. Council Member Voetberg moved that the proof be received and fried. Second- ed by Council Member Heckmann. Car- ded by the following vote: Yeas--Mayer Brady, Council Members Delch, Heck- mann, Khiesner, Pratt, Simon, Voetberg. Nays--Nane. REFUNDS REQUESTED: Mary Demmer, $75 on unexpired portion of Cigarette License; Dubuque Jaycees in amount of $225 for unexpired portion of Class "B" Beer permit, presented and read. Council Member Voetberg moved that the refunds be approved and Finance Director authorized to issue the proper Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--Nane. Communication of Jan Hess, Ad- mlnistrative Assistant for Dubuque County requesting a tex suspension for a City resident, presented and read. Council Member Voetberg moved that the communication be rec~Aved and filed. Seconded by Council Member Heck- ~ann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Communication of Planning and Zon- ing Commission advising of their ap- proval of final plat of Lots 18-21 in Brit- tany Woods located in Dubuque County -- north of J.F.K. Road and East of Forest Gate Road, presented and read. Council Member Vcetberg moved that the communication be received and filed. 405 Session, Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Klucener, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 328-89 A RESOLUTION APPROVING THE FINAL pLAT OF LOTS 18-21 INCLUSIVE OF BRITTANY WOODS IN DUBUQUE COUNTY, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lots 18-21 inclusive of Brittany Woods in Dubuque County, Iowa; and WHEREAS, upon said final plat ap- pears a street to be known as Brittany Court, together with certain public utili- ty easements winch the owners, by said plat, have dedicated to the public forever; and WHEREAS. said final plat has been examined by the City planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEBEAS, 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 drive grades have not been established, the drive brought to grade or paving installed. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the easement for public utilities as the same appear upon said plat be and the same is hereby accepted. Section 2. That the final plat of Lots 18-21 inclusive of Brittany woods in Dubuque County be and the san~e is hereby approved and the Mayor and City Clerk ere hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat, pro- vided the owners of said property herein named execute their written acceptance hereto attached agreeing: ~, To reduce ali streete to grede and to hard-suriace the streets of Brittany Court East with bituminous concrete, or with concrete paving, all in accordance with approved plans on file in the OffiCe of the City Engineer, City of Dubuque, Iowa; 1989 b. To provide the foregoing con- struction and maintenance of all said im- provements at the sole expense oftbe owner, Lime Rock Springs Co. or their successors as assigned; and c. To construct all said im- within two years from the late of adoption of this resolution by the City of Dubuque, Iowa. Seciinn 3. That the aforesaid Lime Rock Springs Co., as owner, shall self- secure the foregoing conditions by pro- viding security in such form and with such surety that may be approved by the City Manager of the City of Dubuque, Iowa. Section 4. That in the event Lime Rock Springs Co. shall fail to execute the ac- ceptance and furnish the security provid- ed for in Section 3 hereof within 45 days thereof. Passed, approved and adopted this 18th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 326-89 We, the undersigned, Lime Rock Springs Co., having reed the terms and conditions of Resolution No. 326-89 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Da~/at Dubuque, Iowa, tins 19th day ot September, 1989. By: s/James Gantz President Lime Rock Springs Co. TO: Mary A. Davis City Clerk Tins is to certify that the security pro- vided by the foregoing Resolution No. 326-89 bas been furnished by the owners. Dated at Dubuque, Iowa, this 29th day ot September, 1989. s[W. Kenneth Geerhart City Manager Council Member Voetberg moved adoption of the Resolution. Seconded by Regular Session, Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Heckmann, Kluesnor, Pratt, Simon, Voetberg. Nays--None. Communication of planning and Zon- ing Commission advising of thcir ap- proval of final plat of Lots 1-10, Block 1 Eastridge Estates located south of W. 32nd St. and east of Highland park Drive, presented and read. Council Member Voetberg moved that the communication be received and fried. Seconded by Council Member Heck- mann. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Sinmn, Vcetberg. Nays--None. RESOLUTION NO. 327-89 A RESOLUTION APPROVING THE FINAL pLAT OF LOTS 1-10 OF BLOCK 1, EASTRIDGE ESTATES IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lots 1-10 of Block i in Eastridge Estates in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear streets to be known as Arbor Hills Drive and Caroline Court, together with certain public utility easements winch the Owners by said final plat have dedicated to the public forever; and WHEREAS, said final plat has been e×amined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that drive grades have not been established, the drive brought to grade or paving installed; WHEREAS, the City Council concurs in the conditions of approval established by the City phinning and Zoning Commission. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of A~ bor Hills Drive and Cerollne Court, together with the easements for public ,tember 18, 1989 406 utilities as the same appear upon said final plat, be and the same are hereby ac- cepted; and Section 2, That the plat of Lots 1-10 of Block 1, Eastridge Estates 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 ~lat, provided the owners of said prope~ ty herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to 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 and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans ~ubmitted with the plat; d. To install storm sewers and catch basins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and wbere dir- ected by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with City specifications; g. To construct the foregoing lin- ~rovements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To censtruct ssid improvemente, except sidewalks, prior to two years from the date of acceptance of tins 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 the foregoing con- struction and maintenance at the sole ex- pense of the subdivider, as owner, or And further provided that said Grand Island partners, as owners of said sub- division, secure the performance of the 407 foregoing conditions by providing eecuri~ ty in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Grant Island partners shall fall 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 Resalution, the provisions bereof shall be nnil and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 18th day of September, I989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 327-89 I, the undersigned, Robert E. Klaner, partner, Grand Island partners, having read the terms and conditions of Resolu- tion No. 327-89 and being familiar with the conditions thereof, bereby accept the same and ogree to the conditions required therein. Dated at Dubuque, Iowa, this 27th day of September, 1989. By: s/Robert E. Klauer partoer Grand Island partners Council Member Voetberg moved edoption of the Resalu~ian. Seconded by Council Member tteckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- rnitting Fiscal Year 1989 Street Finance Report, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 32849 RESOLUTION APPROVING THE Session, September 18, 1989 CITY OF DUBUQUE FISCAL YEAR 1989 STREET FINANCE REPORT NOW, THEREFORE, BE IT RE- SOLVED BY THE C~TY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the Street Finance Report for the period July 1, 1988 through June 30, 1989 be and the same is hareby approved, and that the City Clerk is hereby authorized and directed to file said report with the Iowa Depart- ment of Transportation. Passed, approved and adopted this 18th day of September, 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, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing authorization to publish Notice of Environmental Review Finding for Trilag, Inc., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Khiesner. Carried by the following vo~e: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, ~Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 3294~9 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 ¢onunencing January 1, 1988 with the U.S. Department of Hous- ing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Deveinpment Act of 1974, as anaended; and WHEREAS, pursuant to the rules and Regular Session, regulations as promulgated by the U.S. Department of Housing and Urban De- alopment, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, au ad hoc Environmen- tal Review Committee on September 5, 1989 has, after due consideration, made a determinatinn that the project is not a major Federal action significantly af- fecting the quality of the human 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 Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspec- tion. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Trllog, Inc. Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of October 2 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 tills 18th day of September, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resalutinn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Kinesner, Pratt, Simon, Voetberg. Nays--None. Petition of Wahlert High Sehoal re- questing permission to hold a bonfire pep rally the evening of September 28th presented and read. Council Member Voetberg moved that the petition be approved subject to S~ ~tember 18, 1989 408 implementation of the City Manager. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Council Member Voetberg moved to approve the proposed settlement and authorize the Corporation Counsel to ex- ecute Mutual and Settlement Agreement with Zimpro. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. 9:09 p.m. -- Council Member Heckmann moved that it be resolved to go into Closed Session in accordance with Chapter 21.5 l.(c) 1989 Code of Iowa, as amended, to discuss strategy with Counsel in matters that are presently in litigation. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. 9:25 p.m. -- Council reconvened. There being no further business, Coun- il Member Voetberg moved to adjourn the meeting. Seconded by Council Member Pratt. Carried by the in/lowing vote: Yeas--Mayor Brady, Council Man, bets Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 9:26 p.m. Mary A, Davis City Clerk Approved. 1990 Adopted 1990 Mayor {Signatures continued on next page) 409 ATTEST: Council Members City Clerk 18, 1989 Session, ~ 29, 1989 CITY COUNCIL OFFICIAL Special Session, September 29, 1989 Council Met at 4:00 p.m., ConferenCe Room "B", 2nd Floor, City Hall. Present: Mayor Brady, Council Members Deicb, Heekmann, Kinesner, Pratt, Simon, City Manager W. Kenneth Gearhart, Corporation Counsal Barry A. Lind~hl. Absent: Council Member Voetberg. Mayor Brady read tbs call and stated this is a SPECIAL SESSION of the City Council called for the purpose to go into CLOSED SESSION IN ACCOR- DANCE WITH CHAFI~R 21 OF THE CODE OF IOWA TO DISCUSS WITH COUNCIL MATTERS THAT ARE PRESENTLY IN LITIGATION. 4:07 p.m. -- Council Member Pratt moved ~o go into Closed Session in ac- cordance with Chapter 21.5 1.(c) 1989 Code of Iowa, as amended to discuss strategy with Counsel in matters that are presently in litigation. Seconded by CounCil Member Simon. Carried by the following vote: Yeas--Mayur Brady, Council Members Deich, Heckmunn, Kinesner, Pratt, Simon. Nays--None. Absent--Council Member Voetberg. 4:04 p.m. -- Regular Session resumed with Mayor stating that direction had been given to the Legal Staff regarding pending litigation. ~ere being no inrther business, Coma- cji Member Simon moved to adjourn the meeting. Seconded by Council Member Heckmann. Corrled by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon. Nays--None. Absent-- Council Member Voetberg. Meeting adjourned at 4:40 p.m. Mary A. Davis City Clerk kpproved _ Adopted -- Mayor Council Members ATTEST: City Clerk 410 1990 1990