1989 November Council Proceedings446
Regular Session October 16, 1989
adoption of the Resolution, Seconded by
Council Member Heckmann. Carried by
the foriowing vote: Yeas--Mayar Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Voetberg. Nays--None.
Absent--Council Member Simon,
At 8:55 p.m. Council Member
He&mann moved to go into Closed Ses-
sion in accordance with Chapter 21.5 l(j)
1989 Cede of Iowa, as amended, to
discuss the purchase of particular real
estate only where premature disclosure
could be reasonably expected to increase
the price the governmental body would
have to pay for that property. Seconded
by Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Voetberg. Nays--None.
Absent--Council Member Simon.
At 9:56 p.m. Council reconvened in
regular session. Mayor advised that
direction had been given to the City
Managar regarding purchase of par-
ticular real estate.
There being no further business, Coun-
cil Member Voetberg moved to adjourn.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady. Council Members
Dalch, Heckmann, Kluesner, Pratt,
Voetberg. Nays--None. Absent--Council
Member Simon.
Meeting adjourned at 9:57 p.m.
Mary A. Davis
City Clerk
Approved
Adopted
__1990
_ 1990
Mayor
Council Members
ATTEST:
City Clerk
Regular Session, November 6, 1989
447
CITY COUNCIL
OFFICIAL
Regular Session, Novemb~ 6, 1989
Council Met at 7:30 P.M, Public
Library Auditorium.
Present--Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner, Pratt,
Simon. Voetberg, City Manager W. Ken-
neth Gearhart, Corporation Counsel
Barry A. Lindald.
Mayor Brady read the call and stated
this is the REGULAR MONTHLY
MEETING of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
Invocation was given by Dr. Linda
Smith, Director of Contextual Education
of University of Dubuque Theological
Seminary.
PROCLAMATION(S): Month of No-
vember as "Alzheimer Disease Public
Awareness Month" received by Eileen
Carr;
November 5-11 ~s "Key Club Week"
received by Stacey Ruzisak;
November 6-12 as "Radioingic Tech-
nology Week";
November 11-12 as "Learning Together
Weekend" received by Dick Landis;
November 12-18 as "American Educa-
tion Week" received by Francis
November 19-26 as "National Bible
City Manager and Mayor presented
Action Acknowledgement Certificates to
serveral City employees.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to rezone property west of Hwy. 151-61
south of Twin Valley Road and east of
Rockdale Road from AG to C-3 Zoning
AND Petition from Ann Tuegel et al
(containing 82 signatures) objecting to
the rezoning requested by Key Gate
Center for above property, presented and
Council Member Kluesner moved that
the proof and petition be received and
filed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
ncr, Pratt, Simon, Voetberg. Nays--
Council Members Deich, Heckmann.
Council Member Kluesner moved to
suspend the rules to allow public input.
Seconded by Council Membex Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Vcetberg.
Nays--None.
AN ORDINANCE Amending Appen-
dix A of the Code of Ordinances by
reclassifying property located west of
Hwy. 151/61, south of Twin Valley Road
and East of Rockdale Road from AG
Agricultural to C-3 General Commexcial
District (1st reading only given 10-16-89),
aresented and read.
Council Member Kluesner moved that
this be considered the second reading of
the Ordinance and an agreement signed
by the owners agreeing that there be a
forty foot setback on Rockdale Road,
limiting new curbcuts, and adjourn the
public hearing to the next Council
Meeting of 11-20-89. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Kluesner, Pratt, Simon, Voet-
berg. Nays--Council Members Delch,
Heckmann.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to rezone property at 3435 Asbury Road
from OR to PC and approve Conceptual
Development Plan, presented and read.
There were no written objections received
~nd no oral objectors present at tim time
of the 1{earing.
Council Member Pratt moved that tbe
proof of publication be received and fried.
Seconded by Council Member Klusener.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
ORDINANCE NO. 52-89
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 AT 3435
448
Regular Session November 6, 1989
ASBURY ROAD FROM OR OFFICE
RESIDENTIAL DISTRICT TO PC
PLANNED COMMERCIAL DIS-
TRICT, said Ordinance having been
presented and read at the Council
Meeting of October 16, 1989, presented
for fine/action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 52-89
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THATTHE CODE OF ORI~INANCES,
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 AT 3435
ASBURY ROAD FROM OR OFFICE
RESIDENTIAL DISTRICT TO PC
PLANNED COMMERCIAL DIS-
TRICT.
WHEREAS, Ron Helle, applicant, has
filed au application for reclassification of
said property from OR Office Realdentiai
to PC Plam~ed Commercial District and
has filed a Conceptual Development Plan
for certain property hereinafter described
in accordance with the provisions of the
Planned Commercial District regulations
as set forth in Section 3-3.8(D) of the
Code of Ordinances, Appendix A thereof,
of the City of Dubuque, Iowa; and
WHEREAS, the planning and Zoning
Conunissian has held a public hearing on
said conceptual development plan and
said application for zoning reclassifica-
tion pursuant to required published
notice; and
WHEREAS, tbe Planning and Zoning
Cormnission has approved said conceptual
development plan and said application for
zoning reclassification subject to specific
conditions and restrictions having found
that said plan conforms with the review
standards applicable to such plans as set
forth in Section 3-3.8D(4) of the Cede of
Ordinances, Appendix A thereof, of the
City of Dubuque, Iowa; and
WHEREAS, the Platming and Zoning
Commission recommended the concur-
rence of the City Council and approval
of said conceptual development plan and
said application for zoning reclassifica-
tion; · nd
WHEREAS, the City Council has
received the recommendation of the plan-
ning and Zoning Commission and has
held its own public hearing on said con-
ceptual development plan and said eppli-
cation of zoning reclassification pursuant
to required published notice; and
WHEREAS, the City Cotmcil has ap-
proved said conceptual development plan
and said application for zoning reclassi-
fication subject to the same specific con-
ditions and restrictions.
NOW, THEREFORE, BE IT OR-
)AINED 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 by reclassifying
from OR Office Residential District to
PC planned Commercial District the
following described property, to wit:
Lot 4 and Lot 5, both in Block 1
in Westchester, and to the center
line of the adjoining public right-
of-way, all in the City of Dubuque,
Section 2. That in order to accomplish
the purposes of the PC Planned Commer-
ciel Distrie~ and of the Zoning Ordinance,
the property bereinabove described and
reclassified is so reclassified subject to
the following conditions and restrictions:
1) The principal permitted uses shall
be limited to:
a) Non-canunercial art gallery [13]
b) School of private instruction [4]
c) General office [14]
d) Medical Office/Clinic [36]
e) Dental/medical lab [8]
f) Personal services ]14]
g) Barber shop/beauty shop [161
h) Shoe repair [181
i) Jewelry store [17]
j) Sewing/fabric store ]17]
k) Taikiring/aitexatinns [18]
1) Books/stationery store [17]
m) Cameraiphoto supply store [17]
n) Computer sales and service ]17]
o) Photographic studio ]23]
p) Business services [29]
q) Banks/savings and loans/credit
unions ]13]
r) Office supply [19]
2) Accessory uses shall be limited to
Regular Session, November 6, 1989
any use customarily incidental and subor-
dinate to the principal use.
B. Lot and Bulk Regulations.
Development of land on this particular
PC Planned Conumerciai District shall be
regulated as follows:
1) The primary structure shall con-
aist of the existing building containing
approxinmtely 7,500 square feet.
2) Accessory structures may be
located in the rear side yard.
8) Minimum front yard setback 30
feet; minimum rear yard setback 15 feet;
minimum east side yard setback 10 feet;
minimum west side yard setback 69 feet.
C. Parking Requirements.
1)The off-street parking and loading
requirements for the principai permitted
uses for the herein described PC Planned
Commercial District are indicated by a
bracket-enclosed number next to the use
as provided in Section 4-2.7 of the Zon-
ing Ordinance of the City of Dubuque,
Iowa.
d. Signs.
1) The sign regulations shall be the
stone as that which are allowed in the OS
Office Service District as established in
Section 4-3.11 of the Zoning Ordinance
of the City of Dubuque, Iowa.
E. Site Plan Provisions.
1) Site plan requirements as
established in Section 4-4, and
2) the landscaping and screening re-
quirements as established in Section 4-5
shall apply to this PC Planned Cormner-
cial District.
F. Transfer of Ownership.
1) Transfer of ownership or lease of
property in this PC Planned Commercial
District shall include in the transfer or
lease agreement a provision that the pur-
chaser or leasee acknowledges awareness
of the conditions anthorizing the estab-
lishment of tiffs district.
Section 3. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
449
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
November, 1989.
Mary A. Davis
City Clerk
It 11/10
Council Member Kinesner moved final
adoption of the Ordinance. Seconded by
Council Member th. att. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publicniion, certified to by the
Publisher, on Notice of Public Hearing
to reclassify property north of Foothdi
Road and East of J.F.K. Road from R-3
to OS Zoning, presented and read.
There were no written objections
received and no oral objectors present at
the time of the Hearing. Council Member
Kluesner moved that the proof of publica-
tion be received and filed. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg. Nays-
None.
ORDINANCE NO. 53-89
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 NORTH OF
FOOTHILL COURT FROM R-3
MULTI-FAMILY RESIDENTIAL
DISTRICT TO OS OFFICE SERVICE
DISTRICT, said Ordinance having been
presented and read at the Council
Meeting of October 16, 1989, presented
for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 53-89
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
450 Regular Session,
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY NORTH OF
FOOTHILL COURT FROM R-3
MUTLI-FAMILY RESIDENTIAL
DISTRICT TO OS OFFICE SERVICE
DISTRICT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of OrdinanCeS
of the City of Dubuque, Iowa be 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 1~3
Multi-Family Residential District to OS
Office Service District, to wit:
The westerly 200 feet of Lot 1 of
Asbury Springs Subdivision No.
5 and to the center line ul the ad-
joining public right-of-way, all in
the City of Dubuque. Iowa.
Section 2. That the foregoing amend-
ment has heretofore been approved by
the planning and Zoning Commission of
the City of Dubuque, Iowa,
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
November, 1989.
Mary A. Davis
City Clerk
It 11/10
Council Member Kinesner moved final
adoption of the Ordinance. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas/Mayur Brady,
Council Members De/ch, Heckmann,
Kinesner, Pratt, Simon, Vt~therg. Nays-
None.
proof of publication, cer tiffed to by the
Publisher, on Notice of Public Hearing
to vacate an alley located between Iowa
Street and Main Street south of West 8rd
St., presented and read. There were no
written objections received and no oral
November 6, 1989
objectors present at the time of the
Hearing.
Council Member Kinesner moved that
the proof of publication be received and
filed. Seconded by Council Me~nber
Voetberg. Carried by the following vote:
Yeas/Mayor Brady, Council Members
Deich, Heckmann, Kinesner, Pratt,
Simon, Voetherg. Nays-None.
ORDINANCE NO. 54-89
AN ORDINANCE VACATING A
PUBLIC ALLEY LOCATED BE-
TWEEN IOWA STREET AND MAIN
STREET SOUTH OF W. 3RD
STREET, pRESENTED AND READ.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 54-89
AN ORDINANCE VACATING A
PUBLIC ALLEY LOCATED BE-
TWEEN IOWA STREET AND MAIN
STREET SOUTH OF W. 8RD STREET
WHEREAS, a public alley exists ap-
proximately 30 feet wide by 170 feet long
located between Iowa Street and Main
Street south of W. 3rd Street which is
contiguous to Fischer properties with the
excePtion of 26 feet of a vacant lot be-
tween the alley and Main Sti'eet; and
WHEREAS, in the construction of the
3rd Street overpass as part of the
Relocated 61 project, access to this alley
from W. 3rd Street will be eliminated;
and
WHEREAS, in order ~to provide public
access to this alley in the future, it would
be necessary to build a ramp south of W.
3rd Street from Iowa Street on proper-
ty presently owned by the Fischer Com-
pahies; and
WHEREAS, the Fischer Companies
have agreed tea settlement of $70,000.00
in lieu of the construction of a rmnp
across its property and to waive all
as a
result of the vacation of the alley; and
WHEREAS, the City will continue to
retain all rights to use of the alley for
utility purposes both for existing City
and private utilities; and
WHEREAS, the City Council has
determined that the alley is no longer re-
quired for public use and vacating of said
alley approximately 30 feet wide by 178
feet long between Iowa St~eet and Main
Regular Session, November 6, 1989
451
Street south of W. 3rd Street, as desctib-
ed on the attached plat and considered
a part hereof, should be approved.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the alley located south
of W. 3rd Street between Iowa Street and
Main Street, as shown on the attached
plat and considered a part hereof, in the
City of Dubuque, Iowa be and the same
is hereby vacated.
Section 2. That the City retains all ex-
isting utility rights, including right of
egress and ingress for reconstructing,
modifying, maintaining and utilizing all
City owned and privately owned utilities.
Section 3. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of rids Ordinance,
after its passage, with the City Assessor,
Dubuque County Records, and Dubuque
County Treasurer of Dubuque County,
Iowa.
passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
A'i~EST:
Mary A. Davis
City Clerk
Published officielly in the Telegraph
Herald newspaper this 10th day of
November, 1989.
Mary A. Davis
City Clerk
It 11/10
Council Member Voetherg moved that
this be considered the first reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Member
Kinesner. Carried by the following vote:
Yeas/Mayor Brady, Council Members
De/ch, Heckmann. Kluesner, Pratt,
Simon, Voetberg. Nays-None.
Communication of City Manager
reconunending a public hearing be set to
provide for the vacating of a portion of
East 10th St. in Dubuque, presented and
read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote:
Yeas/Mayor Brady, Council Members
De/ch, Heckmann, Kluesner, Pratt,
Simon, Voetherg. Nays-None.
RESOLUTION NO. 365-89
RESOLUTION APPROVING PLAT
OF A VACATED PORTION OF 64~
WIDE EAST 10TH STREET KNOWN
AS CITY LOT 505B LOCATED FROM
A POINT 220 FEET EASTERLY OF
EASTERLY LOT LINE OF
WASHINGTON STREET AND
EXTENDING TO A POINT 129.85
FEET TO SOUTH EASTERLY
CORNER OF LOT i OF I OF 3 OF
CITY LOT 505B
WHEREAS, there has been presented
to the City Council of the City of Du-
buque, Iowa, a plat dated Septen~her 26.
1989, prepared by IIW Associates, P.C.,
Dubuque, Iowa, describing the vacated
portion of the 64' wide East 10th Street
known as City Lot 505B; and
WHEREAS, said plat conforms to the
laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RE-
{OLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the plat dated
September 26, 1989 prepared by IIW
Associates, P.C, relative to the reel
estate herelnabove described be and the
same is hereby approved, and the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said
plat for and on behalf of the City of
Dubuque, Iowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
Resolution in the Office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner ~noved adop-
tion of the Resolution. Seconded by
Council Member Voetherg. Carried by
452 Regular Session, November 6, 1989
the following vote: Yeas-M~°uncil Member Voetberg. Carried by
Council Members Deich, Heckmann, the following vote: Yeas/Mayor Brady,
Klueener. Pratt, Simon, Vcetberg. Nays-
None.
RESOLUTION NO. 366-89
RESOLUTION DISPOSING OF CITY
INTEREST IN EAST 10TH STREET
KNOWN AS CITY LOT 505B IN THE
CITY OF DUBUQUE, IOWA
WHEREAS, Eagle Window & Door,
Inc. has requested the vacation of a por-
tion of 64' wide East 10th Street knov~
as City Lot 505B; and
WHEREAS, IIW Associates, P.C,
Dubuque, Iowa has prepared and submit-
ted to the City Council a plat showhig the
vacated portion of East 10th Street
known as City Lot 505B thereof, which
hereinafter shall be known and describ-
ed as City Lot 505B in the City of Dubu-
que, Iowa; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that this portion of East 10th Street is
no longer required for public use, and
vacating and sale of said portion of East
10th Street known as City Lot 505B in
the City of Dubuque, Dubuque County,
Iowa should be approved.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in City
Lot 505B in the City of Dubuque, Iowa.
Section 2. That the conveyance of City
Lot 505B in the City of Dubuque, Iowa
be contingent upon the petitioners pay-
ment of surveying, platting, publication
and filing fees.
Section 3. That the City Clerk be and
is hereby authorized and directed to
cause and notice of intent to dispose of
said real estate in the manner as pre-
scribed by law.
Passed, approved and adopted this 6tb
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
CouncilMember Y-Auesner moved adop-
tlon of the Resolution. Seconded by
Council Members Delch, Heckmann,
Kluesner, Pratt, Simon, Veetberg. Nays-
None.
An ORDINANCE Vacating a portion
4 foot wide portion of East 10th St.
lying between a point 129.85 feet to the
~outheasterly corner of Lot 1 of 1 of 3 of
City Lot 505B, presented and read.
Council Member KIueaner moved that
this be considered the first reading of an
Ordinance and that the requirement that
a proposed Ordinance be considered and
for passage at two council
meetings prior to the meeting at which
t is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance on
the 20th day of November, 1989 at 7:30
P.M. in the Pubfic Library Auditorium
and that the City Clerk publish notice in
the manner prescribed by law. Seconded
by Council Member Veetberg. Carried by
the followlng vote: yeas--Mayor Brady,
Council Members Daich, Heckmann,
Kinesner, Pratt, Sinlon, Voetberg-
Nays--None.
Communication of City Manager re-
commending a public hearing be held on
November 20, 1989 to consider civil pen-
alty assessments against Mdigrew Oil Co.,
Kenneth J. Melloy, Schroby's Inc., and
Iowa Oil Co. in the amount of $300 each
as allowed under Chapter 123.69 of the
Cede of Iowa, presented and read.
Council Member Voetberg moved that
the communication be received and flied
and approved recommendation with
Public Hearings scheduled for November
20, 1989 at 7:30 P.M. in the Public
Library Auditorium and the Legal Staff
to notify the parties involved. Seconded
by Council Member Heckmann. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Heck-
mann, Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of City Manager
responding to Cy Callahan's appeal on
the removal of two trees between the
street and sidewalk at 781 Cleveland
Avenue and recommending Council deny
the appeal and authorize the removal of
the two street trees, presented and read.
Council Member Kluesner moved that
the communication be received and filed
Regular Session
and recommendation approved. Second-
ed by Council Member Voetherg. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Petition of Sharon Dull Mvllen appeal-
ing denial of demolition permit for pro-
perty at 445 Loras Blvd., and Com-
munication of City Manager sub~nitting
background material regarding above ap-
peal, presented and read.
Council Member Kluesner moved that
the petition and communication be
received and fried and denial affirmed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dcich,
Heckmann, Kluesner, Pratt, Simon,
Voetherg. Nays--None.
Petition of Jan Schmitt, Sue Clauer,
Lynn Lampe and Brian Fedderson re-
questing fx~rther investigatinn regarding
a claim that was denied regarding the
breakage of a water main at the corner
of Avon and Dell Streets, presented and
read. Mr. Lampe stated this was the se-
cond occurrence.
Council Member Pratt moved that the
petition be received and filed and refer-
red to the Legal Staff for further in-
vestigation and report. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmanu
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Patricia Friedman
presenting "Recommendations for Im-
proved Pvxking Conditions in Downtown
Dubuque" as prepared by Dubuque Main
Street Ltd. parking Task Force and Com-
muincation of City Manager responding
to recommendations submitted by the
Task Force, presented and read. Ms,
Friedman spoke to the recommendations
as presented.
Council Member Pratt moved that the
communications be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dcicb
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
ORDINANCE NO. 55-89
AN ORDINANCE AMENDING THE
November 6, 1989 453
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE. IOWA, BY
DELETING CERTAIN AREAS IN
PARKING METER DISTRICTS A, B
AND C IN SECTION 32-336 THERE-
OF AND ADDING CERTAIN AREAS
IN PARKING METER DISTRICTS A,
C, D AND E IN SECTION 32-336 IN
LIEU THEREOF PROVIDING FOR
THE PLACEMENT OF CERTAIN
PARKING METER SPACES IN
OTHER DISTRICTS, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 55-89
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA BY
DELETING CERTAIN AREAS IN
PARKING METER DISTRICTS A, B
AND C IN SECTION 32-336 THERE-
OF AND ADDING CERTAIN AREAS
IN PARKING METER DISTRICTS A,
C, D AND E IN SECTION 32-336 IN
LIEU THEREOF PROVIDING FOR
THE PLACEMENT OF CERTAIN
PARKING METER SPACES IN
OTHER DISTRICTS.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by deleting certain areas in pm, king
meter districts A, B and C in Section
32-336 thereof as follows:
"Sec. 32-336. Districts.
Parking Meter District A,
Ninth Street, north side, from Iowa
Street to a point approximately sixty (60)
feet east of Locust Street
Ninth Street, south side, between Iowa
Street and the alley west of Iowa Street
Tenth Street, both sides, between Iowa
and Locust Streets
Central Avenue, both sides, between
Eighth and Eigbteanth Streets
Main Street, east side, between Nintb
and Tenth Streets
Main Street, west side, between Tenth
and Eleventh Streets
Main Street, east side, from a point ap-
proximately seventy (70) feet north of
Tenth Street to Eleventh Street
454 Regular Session November 6, 1989
parking Meter District B,
Eighth Street, north side, between Bluff
Street and University Avenue
Ninth Street, East, north side, from Cen-
trai Avenue to White Street
Parking Meter District C,
Eighth Street, both sides, between Cen-
tral Avenue and White Street
Section 2. That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by adding certain areas in parking
meter districte A, C, D and E in Section
32.336 thereof as follows:
"Sea 32-336. Districts.
Parking Meter District A,
Ninth Street, north side, from Main
Street to a point approximately sixty (60)
feet east of Locust Street
Tenth Street, north side, between Iowa
and Locust Stre~te
Tenth Street, south side, between Main
and Locust Streets
Central Avenue, both sides, between
Ninth and Eighteenth Streets
Main Street, east side, from Ninth Street
to a point approximately one hundred
five (105) feet north of Ninth Street and
from a point one hun&ed fifty (150) feet
north of Ninth Street to Tenth Street
parking Meter District C,
Eighth Street, north side, from Bluff
Street to Hill Street
parking Meter District D,
Central Avenue, east side, from a point
approximately one bun&ed sixty-five
(165) feet north of Eighth Street to a
point approximately two hundred ten
(210) feet north of Eighth Street
Main Street, east side, from a point
approximately one hundred five (105) feet
north of Ninth Street to a point approx-
imately one hun&ed fifty (150} feet north
of Ninth Street
Parking Meter District E,
Eighth Street, both sides, between Cen-
tral Avenue and White Street
Nhith Street, north side, from Main
Street to Iowa Street and from Central
Avenue to White Street
Ninth Street, south side, between Iowa
Street and the alley west of Iowa Street
Tenth Street, south side, between Iowa
and Main Streets
Central Avenue, east side, from Eighth
Street to a point approximately one hun-
dred sixty-five (165) feet north of Eighth
Street and from a point approximately
two hun&ed ten (210) feet north of
Eighth Street to Ninth Street
Central Avenue, west side, between
Eighth and Ninth Streets
Main Street, east side, from a point ap-
proximately seventy (70) feet north of
Tenth Street to Eleventh Street
Main Street, west side, irom Tenth Street
to Eleventh Street
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald this 1 lth day of November 1989.
Mary A. Davis
City Clerk
it 11/11
Couucil Member Pratt moved that this
be considered the first reading of the Or-
dinanee, mad that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann. Kluesner, Pratt
Simon, Voetberg. Nays--None,
Communication of City Manager
recommending Council approve the
defeasance of outstanding parking
revenue bonds and approve a refunding
Trust Agreement establishing ~u irre-
vocable refunding escrow account and ap-
pointing American Trust and Savings
Bank as trustee, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich.
Heckmann, Kluesner. Pratt. Simon.
Voetberff. Nays--None.
Regular Session, November 6, 1989
455
RESOLUTION NO. 367-89
RESOLUTION APPROVING THE
DEFEASANCE OF OUTSTANDING
PARKING REVENUE BONDS
WHEREAS, the City of Dubuque has
heretofore issued Parking Revenue
Bonds in the amount of $1,250,000 dated
June 1, 1964, $600,000 dated January 1,
1969 and $850,000 dated July 1, 1977 for
the purpose of expanding and improving
the public motor vehicles parking facili-
ty system of which $1,005,000 is current-
ly outstanding; and
WHEREAS, the Parking Revenue
Bond Resolution pertaining to such bond
issues contains certain restrictive
language pertaining to debt service
coverages, use of debt service reserve
fund and use of revenue from new park-
ing facilities which should be removed
before the City issues new Pm'king
Revenue Bonds; and
WHEREAS, the City of Dubuque is
considering the issuance of new Parking
Revenue Bonds for the purpose of con-
struct fug a new parking ramp in response
to existing and anticipated parking
needs; and
WHEREAS, sufficient funds are
available in the Parking Syste~n Reserve
Fund, Parking System Sinking Fund,
Parking System Operating Fund and
Parking System Construction Fund to
provide the proper and timely application
of money and investment income for the
payment of the principal and hiterest due
on remaining unpaid parking revenue
bonds; and
WHEREAS, it is recommended by the
City Manager that available Parking
System funds be used to defease or re-
fund the outstanding Parking Revenue
Bonds and thereby set aside the restric-
tive Parking Revenue Bond Resolution.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the defeasance of outstanding
Parking Revenue bonds issued June 1,
1964; January 1, 1969; and July 1, 1977
in the total amount of $2,700,000 is
hereby authorized and approved.
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Voetherg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 368-89
RESOLUTION APPROVING THE
REFUNDING TRUST AGREEMENT
DATED NOVEMBER 15, 1989, AND
AUTHORIZING ITS EXECUTION
WHEREAS, parking Revenue Bonds
in the mnount of $1,250,000, $600,000
and $850,000 dated June 1, 1964,
January 1, 1969 and July 1, 1977, respec-
tively, have been sold at public sale for
the purpose of expanding and improving
the public motor vehicles parking
facilities system; and
WHEREAS, in order to provide for the
proper and timely application of money
and investment income derived from the
operaglon of the public motor vehicles
facilities system for the payment of the
principal and interest due on the Park-
ing Revenue Bonds in the amount of
$1,250,000, $600,000 and $850,000 dated
June 1, 1964, January 1, 1969 and July
1, 1977, respectively (hereinafter "Fund-
ed Bonds"), it is necessary to enter into
a Funding Trust Agreement and to enter
into certain covenants with the holders
of the Funded Bonds; and
WHEREAS, a Funding Trust Agree-
ment has been prepared to be entered in-
to between the City and the American
Trust and Savings Bank.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the American Trust
and Savings Bank is hereby appointed to
serve as Trustee pursuant to the terms
of the Funding Trust Agreement.
Section 2. That the Funding Trust
Agreement with the American Trust and
Savings Bank is hereby approved and
that the Mayor and City Clerk are
authorized to sign the Agreement on
behalf of the City of Dubuque, Iowa. The
City Treasurer is authorized and directed
456 Regular Session, November 6, 1989
to perform the obligation o~r°up were that an additional park-
under tho Agreement and to de~p~,sit .in I lng facility be constructed; and
escrow for the purpose thereof t.h~ in~- I WHEREAS, an interview conunittee
vestments and moneys of the municipal [ consisting of representation from Du-
parking system enterprise as provided in I buque Main Street and City staff have
the ~greement. ' interviewed five nationally established
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Voetharg. Carried by
the following vote: Yeas--Mayor Brady,
Council Man, bets Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing Manager be authorized to ex-
ecute a contract with au engineering firm
for the development of plans for au adi
ditional downtown parking facility,
presented and read.
Cotuxcli Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Hackmann, Kinesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 369-89
RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE A
CONTRACT WITH AN
ENGINEERING CONSULTANT FOR
DESIGN OF A PARKING RAMP
FACILITY
WHEREAS, there is convincing
evidence that additional parking is
necessary in the downtown area; and
WHEREAS, existing parking ramps
are operating at more than 80 percent of
capacity; and
WHEREAS, with the advent of new
office construction plus additional train-
ing facilities in tho downtown area
demand for parking spaces will increase
significantly; and
WHEREAS, a survey has been con-
ducted by the Main Street downtown
association and the recommendations of
engineering Rrms experienced in the
design of parking facilities; and
WHEREAS, the interview committee
is recommending that Vedi Associates,
Inc., Minneapolis, Minnesota, is the best
qualified of the firms to meet the needs
of the City of Dubuque and would recom-
mend this firm as the Engineering Firm
to design the fasillty.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That it is concurred that
there is a shortage of parking space
availability in the downtown area now
and there is need to proceed with the
development of plans for the construction
of a third parking ramp.
Section 2. That the City Manager be
authorized and directed to negotiate an
Engineering contract with Vedi Asso-
ciates, Inc., Minneapolis, Minnesota, for
design services associated with prepara-
tion of plans and specifications for this
new parking facility.
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Peatt moved adoption
of the Resdiution. Seconded by Council
· Carried by the follow-
lng vote: Yeas--Mayor Brady, Council
Members Dalch, Heckmann, Kinesner,
Pratt, Simon, Veetherg. Nays--None.
Communication of Dubuque Main St.
Ltd. submitting parking Survey suppor-
ting the need for a new parking Ramp,
presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Khiesner, Pratt, Simon,
Voetberg. Nays--None.
Regular Session, November 6, 19,89
Communication of City Manager
recommending amendment to Code of
Ordinances which provides for enforce-
ment of reserved parkteg for City
employees at City Hall, presented and
read.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dcich,
Heckmann, Kineaner, Pratt, Sin~on,
Voetherg. Nays--None.
ORDINANCE NO. 56-89
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY ADOPTING
A NEW SECTION 32-275.1 PRO-
VIDING FOR RESERVED PARKING
FOR CITY EMPLOYEES AT CITY
HALL, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 56-89
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY ADOPTING
A NEW SECTION 32-275.1 PRO-
VIDING FOR RESERVED PARKING
FOR CITY EMPLOYEES AT CITY
HALL
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by adopting the following new section:
"Sec. 32-275.1. Reserved parking for
City employees at City Hall.
(a) When appropriate signs have
been posted, spaces to accommodate
veblcles are hereby set aside adjacent to
City Hall for the parking of vehicles by
City employees whose offices are located
in City Hail.
(b) It shall be unlawful for the
operator of any vehicle to stop, stand or
park within such space unless such per-
son is a City employee assigned to such
space by the City Manager."
Section 2. This ordinance shall take ef-
fect imwediately upon publication, as
provided by law.
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
457
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegrapi~
Herald newspaper this 13th day of
November, 1989.
Mary A. Davis
City Clerk
it 11/13
Council Man, her Voetberg moved that
,his be considered the first reading of the
Ordinance and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at whici~
it 4s to be finally 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
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetherg. Nays--None.
A verbal request to authorize the
Greater Dubuque Development Corpora-
tion to hire, in an amount not to exceed
$20,200, for a lobbyist/consultant to seek
federal funds on behalf of the City of
Dubuque for docking and shore facilities
for the Riverboat Gambling Boat and
Riverfront Development, presented and
read.
Council Member Kkiesner moved that
the appropriate funds to be forwarded to
GDDC to enter into an Agreement for
consultant to seek funds. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heekmann,
Kinesner, Pratt, Simon, Voetberg.
Nays--None.
BOARDS AND COMMISSIONS:
MECHANICAL BOARD -- One term
to expire 3-16-92 (Needs to be an
Engineer). APPLICANT(S): Charles R.
Marsden.
Council Member Kinesner moved that
Mr. Marsden be appointed to the
Mechanical Code Board. Seconded by
Council Member Delch. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kinesnar, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 370-89
BE IT RESOLVED by the City Coma-
cil of the City of Dubuque, Iowa, that the
458
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Elto, Inc. (Robert L. & Roger F. Duster)
Dr. B's Billiards 2095 Kerper Blvd.
Eagle Point Tavern, Ltd.
Windsor Tap 2401 Windsor Ave.
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member' Deich moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayar Brady,
Council Members Deich, Heckmann,
Klueaner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 371-89
WHEREAS, Applications for Beer
permits have been submitted and filed
to this Council for approval and the san~e
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bond;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "B" BEER pERMIT
Lotus College, College Center
1450 Alta Vista
CLASS "C" BEER pERMIT
Hartig Drug Company 2255 J.F.K. Rd.
(Sunday Sales)
Harfig Drug Company 157 Locust St.
(Sunday Sales)
Hartig Drug Company
2225 Central Ave.
(Sunday Sales)
CLASS "E' BEER PERMIT
Regular Session, November 6, 1989
Drug Company
703 Town Clock Plaza
Rainbo Oil Company
KWIK STOP FOOD MART
2297 University
(Sunday Sales)
Passell, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolutian. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Siman, Voetberg.
Nays--None.
RESOLUTION NO. 372-89
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
NOW, THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque. Iowa, that the Manager be
authorized to cause to be issued to the
following maned applicant(s) a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Dog Gone Inc.
Dog House Lounge 1646 Asbury Rd.
(Sunday Sales)
David L. Lyons
River City Tap & Grill 1406 Pine St.
(Sunday Sales)
T & T Welsh, Inc.
Finale Lounge 1701 Central Ave.
(Sunday Sales)
Clair A. Woodman
Aragon Tap 1103 Iowa St.
(Sunday Sales)
SPECIAL CLASS "C"
BEER WINE LICENSE
Regular Session, November 6, 1989
New French Cafe, Inc.
New French Cafe
Lobby CyCare Plaza
Passed, approved and adopted this 6th
day of November, 1989.
Jtunes E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Deich moved edop-
tion of the Resohition. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
MINUTES SUBMITTED: Civil Set-
vice Colran. of 9-29; Five Flags Cotton.
of 10-16; Historic Preservation Comm. of
10-10 & 10-24; Housing Comm. of 10-24;
Human Rights Comm. of 10-19; Public
Library of 10-19: Planning and Zoning
Coxnm. of 10-4; police Retirement System
Board of 10-6; Plumbing Bd. of 10-17;
Zoning Bd. of Adjustment of 8-24;
Keyline's Earnings Statoments and
Statistics for First Qtr. of FY'90; Cable
TV Regniatory Comm. of 10-11, pre-
sented and read.
Council Member Voetberg moved that
the minutes be received and filed. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Delch, Heckmarm,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
NOTICE OF CLAIMS/SUITS: Har-
vest Savings Bank vs City of Dubuque
et al submitting Notice of Foreclosure
Petition; Dennis Hoyer for Scott Hoyer
(minor) in amount of $413.70 for personal
injuries and property losses; Darwin
Jones (Small Claims Court) in amount of
$2000 for property damages; Donald
Kloft in estimated amount of $850 for
property damages; Gilbert Naderman in
est. amount of $175 for property
damages; The Travelers Insurance Co.
submitting a Notice that was filed on
behalf of theb' client: Rundai Machine,
Inc. for proper~y damages; Irmina Sandt,
in unknown amount for persorml injuries;
Cindy (Garner) Winger in est. amount of
$826 for car damages, presented and
read.
459
Council Member Voetberg moved that
the claims and suits be referred to the
Legal Staff for investigation and report.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
IT IS HEREBY CERTIFIED THAT,
on the 12th day of October, A.D., 1989,
the undersigned Donna Smith and Alan
Manternach, County Board of Super-
visors met as a Board of Canvassers, as
law, in County Courthouse
in Dubuque County, Iowa, and canvassed
~ returns from all the voting
precincts in said County, for votes cast
at the election held therein on the 10th
day of October, A.D., 1989 for each of-
rice on the ballot and the number of votes
for and against each question submitted
by said City the result of said canvass
being as follows:
FOR THE OFFICE OF Councilman at
large (two to be nominated), There were
one thousand seven hundred seventy-
eight (1,778) ballots cast, of which Reber~
Nagle had four hundred ton (410) votes,
Daniel Nichalson had eight hundred five
(805) votes, Emil Stackls had four hun-
dred forty-seven (447) votes, Nick Pauly
had two (2) votes, John Klauer had one
(1) vote. One hundred thirteen votes were
spoiled. Therefore Daniel Nichalson and
Emil Stackis were nominated.
Witness our signatures, this 12th day
of October, A.D., 1989.
s/Donna L. Smith
s/Alan Manternach
Council Member Voetberg moved that
the canvass report be received and filed
sade a matter of record. Seconded
by Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Heckmann,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
REFUNDS REQUESTED: Kenneth
Malloy, $37.50 on unexpired Class "BE"
Beer Permit; John Goffinet, $150 on
unexpired Class "B" Beer Permit,
presented and read.
Council Member Voetberg moved that
the refunds be approved with Finance
Director to issue the proper checks.
460
Seconded by Council Member Pratt. Ca~
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kiuesner, Pratt, Simon, Voetberg.
Nays--None-
(LETTER)
October 31, 1989
Honorable Mayor and Members
of the City Council
In accordance with the provisions of
Chapter 400, Code of Iowa 1989, as
amended, the Civil Service Commission
conducted written examinations for the
position of ENVIRONMENTAL SANI-
TARIAN on October 10, 1989.
The following named applicants passed
the examination and are hereby certified
for appointment.
David Kunkai, Jonathan Soo, Joleen
Huber, Frank Lover a, Roger Groth, Cur-
tis Krieger, Gary Carstens, Elizabeth
Burkhart, Jolene Neyen.
We advise the appointment for this ap-
pointment be made from this list.
Respsetfnily submitted,
s/Pat Dfllan
Chairperson
s/Robert Miller
s/Gerald Koppes
Civil Service Commission
ATTEST:
Mary A. Davis
Secretary
Council Member Voetherg moved that
the communication be received and filed
and made a matter of record. Seconded
by Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmaun,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
Petition oi Dubuque Jaycees re-
questing to conduct a fireworks display
on Jniy 3, 1990 from 9:15 p.m. to 10:30
p.m. on Volunteer Road between Haw-
thorne and Lime Sts., presented and read.
Council Member Pratt moved that the
request be approved, subject to coordina-
tion of City Manager. Seconded by Coun-
cil Member Voetberg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Iteckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Regular Session, November 6, 1989
Communications of Corporation Counsel
recommanding denial/closure of following
claims: tire damage of Joyce Becket, tire
damage of Wm. Binm, Jr., sewer backup
of Richard and Kathieen Fahey; sewer
backup of Michael & Lucinda Kruse; car
damage of Steve Paul; personal injury of
Jake and Mary parkin; sewer backup of
Howard and Joan Higley; personal injury
of Barbara J. Curler; sewer backup of
Smith Management, presented and read.
Council Member Vsetberg moved that
the communication be received and filed
and recommendatian approved. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communications of Corporation
Counsel recommending settlement of
following claims: tire damage claim of
Michael J. Feltes in amount of $111.77;
sewer backup claim of Jeff Kane in
amount of $44; car damage claim of
~hner Maissen in the amount of $193.51,
upon motion were received and flied and
approved and Finance Director directed
o issue the proper checks. Seconded by
Council Member Pratt. Carried b~ the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kinesner, pratt, Simon, Voetbeag.
Nays--None.
Proof of publicatian, certified to by the
Publisher, on Notice to release Communi-
ty Development Block Grant Funds to
Trilog, Inc., presented and read.
Council Member Voetheag moved that
the communication be received and ifled
and settlements approved with Finance
Director to issue the proper checks.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Daich, Heck-
mann, Khiesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Audubon Society
urging the Couanil to approve the dock-
ing of river gambling boats be done in or
near the Ice Harbor area rather than on
City Island, presented and read.
Council Member Voetherg moved
that the communication be received and
filed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Regular Session, November
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
Communication of City Manager sub-
mitting Financial Reports for the month
of September, 1989, presented and read.
Council Member Voetherg moved that
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, Kinesner, Pratt, Simon, Voetberg.
Nays--None.
Commtmication of Dubuque-Delaware
Substance Abuse Services Center sub-
mitting First Quarter FY'90 Report on
Services to Adolescents/High-Risk
Youth, presented and read,
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
fled by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Robert Lehnhardt
urging City to consider a prc~active posi-
tion in the placement of wheelchair curb
cuts at any corner sidewalk section be-
ing replaced, presented and read.
Council Member Voetberg moved that
the communication be received and filed
and referred to the City Manager and
Staff to report back. Seconded by Coun-
cil Member Simon. Carried by the follow-
lng vote: Yeas--Mayor Brady, Council
Members Delch, Heckmann, Kluesner,
Pratt, Simon, Voetherg. Nays--None.
Communication of City Manager re-
questing approval of the Mayor's execu-
tion of a contract with the Iowa Dept. of
Economic Development for a Rental
Rehabilitation Progreau Grant Award in
the amount of $244,250, presented and
read.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Daich, Heck-
mann, Kluesner, Pratt, Simon, Voetbeag.
Nays--None.
RESOLUTION NO. 373-89
A RESOLUTION AUTHORIZING
THE MAYOR TO EXECUTE A
6, 1989 461
CONTRACT WITH THE STATE
OF IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR
THE STATE RENTAL
REHABILITATION PROGRAM.
WHEREAS, the City of Dubuque
made application to the State of Iowa for
participation in the Department of
Econo~nic Development Rental Roha-
billtation program; and
WHEREAS, the State of Iowa has
awarded the City a grant of $244,250;
and
WHEREAS, the State of Iowa has of-
feted a contract to the City of Dubuque
o administer this award.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is author-
ized and directed to execute contract
numbered R-89-SG-19-0101.
Section 2. That the City Manager is
hereby authorized and directed to for-
ward said executed contract and any
other supporting documents in accor-
dance with instractions from the State
of Iowa Department of Economic
Development.
Passed, approved and and adopted this
6th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member th-att. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of planning and Zon-
ing Commission approving final pint of
Fountain Hill Subdivision No. 2 located
west of Eagle Point Park, presented and
read.
Council Member Voctherg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members De/ch, Heck-
mann, Klansner, Pratt, Simon, Voetberg.
462
Regular Session, November 6, 1989
Nays--None.
RESOLUTION NO. 374-89
A RESOLUTION APPROVING
THE FINAL pLAT OF FOUNTAIN
HILL SUBDIVISION NO. 2 IN THE
CITY OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of Fountain
Hill Subdivision No. 2 in the City of Du-
buque, Iowa; and
WHEREAS, said final plat has been
approved by the City planning and Zon-
ing Commission with the conditions as
established by tbe Zoning Board of Ad-
justment on August 2, 1988 and amen&
ed in October 26. 1989; 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,
with the conditions as established; and
WHEREAS, the City Council concurs
in the conditions of approval established
by the Zoning Board of Adjustment; and
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the above-described
final plat be and the same is hereby ap-
proved and the Mayor and City Clerk be
and are hereby authetized and directed
to endorse the approval of the City of
Dubuque upon said final plat, provided
that the owner of said property shall ex-
ecute a written acceptance hereto at-
tached, acknowledging and agreeing to
the conditions as established by the Zon-
lng Board of Adjustment on August 2,
1988 and October 26, 1989 as follows:
a. There shallbe no development on
Lot 2 except in combination with de-
velopment of other adjoining property
with adequate street frontage.
b. A permanent 30-fcot easement for
access to Lot 1 shall be provided, such
easement being across Lots 3 and con-
nectlng to Easement A .
c. The City of Dubuque Zoning Or-
dinance prevents further subdivision of
any of the lots set forth herein without
obteining a variance unless frontage on
a public street or approved private street
exists.
Section 2. That in the event the owner
falls to execute the acceptance provided
for in Section i herein within 45 days
after the date of this resolution, the pro-
visions herein shall be null and void and
the approval of the final plat shall not be
effective.
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 374-89
I, the undersigned, ttobert Delos
McDonald, Executor for D.L. McDonald
Estate, having read the terms and con-
ditions of Resolution No. 374-89 and be-
lng familiar with the conditions tbereof,
hereby accept the same and agree to the
conditions required therein.
Dated at Dubuque, Iowa, this 8th day
of November, 1989.
By: s/Robert Delos McDonald
Executor
D.L. McDonald Estates
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager
tion contract for the temporary parking
lot located on the north side of 5th St.,
at the east side of the Town Clock Plaza,
and read.
Council Member Voetberg moved that
ommunication be received and filed.
~econded by Council Member Pratt. Cm'-
tied by the following vote: Yeas--Mayor
Brady, Council Members De/ch, Heck-
mann, Kluesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 375,89
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the 5TH
STREET TEMPORARY PARKING
LOT has been completed and the City
Regular Session
Manager has examined the work and
filed his certificate stating that the same
has been completed according to the
terms of the contract, plans and specifica-
tions and recommends it acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the City
of Dubuque, Iowa, that the reconmaen-
dation of the City Manager be approved
and that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
GENERAL FUND in amount equal to
the amount of his contract, less any re-
tained percentage provided for therein.
Passed, approved and adopted this 6th
day of November, 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 De/ch, Heckmarm
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 376-89
FINAL ESTIMATE
WHEREAS, the contract for the 5th
STREET TEMPORARY PARKING
LOT has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
duding the cost of estimates, notices and
inspection and all miscellaneous cost~;
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said im-
provement is hereby detenhined to be
$34,331.23 and the said amount shall be
paid from the GENERAL FUND of the
City of Dubuque, Iowa.
Passed, approved and adopted this 6th
day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
November 6, 1989 463
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
~ouncil Members De/ch, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Petition of five business owners re-
questing to have two hour parking on
Jackson St. from 9th to 10th and on the
north side of 9th St. from Jackson to
Washington, presented and read. Dale
Wiegund and Pat Kennedy spoke to the
Council on this matter,
Council Member Pratt moved that this
matter be referred to City Manager and
staff and contact Main St. Ltd. to look
at and study situation. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
There being no further business, Coun-
cil Member Hecknmnn moved to adjourn
the meeting. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Meeting adjourned at 11:02 p.m,
Mary A. Davis
City Clerk
Approved_ 1990
Adopted 1990
Mayor
Council Members
ATTEST:
City Clerk
464
CITY COUNCIL
Sepcial Session, November 16, 1989
Mary A. Davis
City Clerk
OFFICIAl. Adopted .... 1990
Special Session, November 16, 1989.
Approved_ , 1990
Council Met at 4:30 P.M., Conference
Room "B", City Hall.
Present--Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner, Pratt,
City Manager W. Kenneth Gearhart,
Corporation Counsel Barry A. Lindahl.
Aheant--Councll Members Simon,
Voetberg.
Also Present--Dubuque County Board
of Supervisors Eldon Herrig, Alan
Manternach and Donna Smith and the
Mayor of Sage-ARe, Ralph Dean.
Mayor Brady read the call and stated
this session is called for the purpose to
DISCUSS THE NORTHWEST AR-
TERIAL R.I.S.E. APPLICATION.
Communication of Francis A. Murray,
Public Works Director, suggesting op-
tions for funding of Phase IV of the
Northwest Arterial, was presented.
Discussinn followed with the three
governmental bodies asking questions
and advising of their individual concerns.
It was agreed that FAUS monies re-
ceived would be used as portion of local
shares with remainder to be split he-
tween the City of Dubuque and Dubuque
County in au estimated amount of
$1,017,000.00 from each governmental
body.
Council Member Kluesner moved thet
the City of Dubuque commit their alloca-
tion of proposed C. LP. Funds for Cedar
Cross Road Arterial for Fiscal Years
1990 and 1991 to the Phase IV of Nor~h-
west Arterial extension project subject
to the approval of the R.I.S.E. appfica-
tion by the State of Iowa. Seconded by
Council Member Pratt. Motion carried
5-0.
Board of Supervisors approved their
remainder of the 50% local share for the
project by using funds from secondm'y
road program and dog track revenues.
There being no further business, Coun-
cil Member Pratt moved to adjourn.
Seconded by Council Member Kluesner.
Motion carried 5-0. Meeting adjourned at
5:45 P.M.
Mayor
Council Members
ATTEST:
City Clerk
Regular Session November 20, 1989
465
CITY COUNCIL
OFFICIAL
Regular Session, November 20, 1989
Council Met at 7:30 P.M., at the Public
Library Auditorium
Present: Mayor Brady, Councll
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetherg, City Manager
W. Kenneth Gearhart, Corporation
Counsel Barry A. LindahL
Mayor Brady read the call and stated
this is the REGULAR MEETING OF
THE CITY COUNCIL called for the pur-
pose to act upon such business which
may properly come before the Council.
Invocation was given by Msgr.
William Leonard.
Proclamations: Dee. 1, 1989 as "AIDS
Awareness Day" received by Ann Burds
November 20th as "Youth Appreciation
Day" reccived by Gary Jaeger, Rick
Stein and Dr. John Quinian of the Op-
timiste Clubs.
There was a presentation of PEOPLE
Action Acknowledgement Certificates to
several City employees.
Mayor Brady presented Donna Ginter
with a plaque for her cormnunity service.
PUBLIC HEARINGS on the Assess-
mant of Civil Penalties for violations by
Liquor Licenses: Mulgrew Oil dib/a
Asbury Fastop; Schroby's, Inc., dib/a
Schroby's; Iowa Oil Co., dib/a IOCO
Speede Shoppe #93.
Council Member Simon moved to sus-
pend the rules to allow anyone present
to address the Council if they should so
desire. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Heckmann, Khiesner, Pratt, Simon,
Vcetherg. Nays--Council Member Dcich.
Tom Schrobilgen, Bob Beecher, At-
torney Doug Henry, and Donna Ginter
objocted to the penalty for the store
Council Member Voetherg moved that
the assessments in the mount of $300.00
each be approved. Seconded by Council
Member He?kmann. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Heckmaun, Kluesner,
Pratt, Simon, Voetberg. Nays--Council
Member Deich.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider disposing of City's interest
in that portion of land 64' wide east of
10th St. m~d also known as City Lot
505B to Eagle Window & Door, Inc.
presented and read. No written objec-
: were received and no oral objectors
Council Member Voetherg moved that
the proof of publication be received and
filed. Seconded by Council Member
Heckmann. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, He&mann, Kluesner,
Pratt, Simon. Voetberg. Nays--None.
ORDINANCE NO. 57-89
AN ORDINANCE VACATING A
PORTION OF 64 ~ WIDE EAST 10TH
STREET LYING BETWEEN A
POINT 220 FEET EASTERLY OF
LINE OF WASHING-
TON STREET AND EXTENDING TO
A POINT 129.85 FEET TO THE
ASTERLY CORNER OF
LOT 1 OF 1 OF 3 OF CITY LOT 505B,
said Ordinance having been presented
and read at the Council Meeting of
November 6, 1989, presented for final
action.
(OFFICIAL pUBLICATION)
ORDINANCE NO. 57-89
ORDINANCE VACATING A POR-
TION OF 64~ WIDE EAST 10TH
STREET LYING BETWEEN A
POINT 220 FEET EASTERLY OF
LINE OF WASHING-
TON STREET AND EXTENDING TO
A POINT 129.85 FEET TO THE
SOUTHEASTERLY CORNER OF
LOT 1 OF 1 OF 3 OF CITY LOT 505B
WHEREAS, Eagle Window & Door,
Inc. has requested the vacation of a por-
;ion of 64' wide East 10th Street lying
between a point 220 feet easterly of pro-
perry fine of Washington Street and ex-
tending to a point 129.85 feet to the
southeasterly corner of Lot 1 of 1 of 3 of
City Lot 505B; and
WHEREAS, IIW Associates, P.C.,
Dubuque, Iowa, has prepared and sub-
mitred to the City Council a plat show-
ing the vacated portion of the 64~ East
466
10th Street and assigned a Lot number
thereof, which hereinafter shall be known
and described as City Lot 50§B in the
City of Dubuque, Dubuque County,
Iowa; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that this portion of 64 ' wide East 10th
Street is no longer required for public use
and vacating of s~id portion of 64 ~ wide
East 10th Street tmown as City Lot 505B
in the City of Dubuque, Dubuque Coun-
ty, Iowa, should be approved.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate de-
scribed as City Lot 505B in the City if
Dubuque, Iowa, be and the same m
hereby vacated.
Passed, approved, and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald this 24th day of November, 1989.
Mary A. Davis
City Clerk
It 11/24
Cotmdl Member Voetberg moved final
adoption oI the Ordinance. Seconded by
Cotmcli Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Khiesner, Pratt, Simon, Voetberg.
Nays--None
RESOLUTION NO. 377-89
WHEREAS, pursuant to resolution
and published notice of time and place of
hearing, published in the Telegraph
Herald, a newspaper of general circula-
tion published in the City of Dubuque,
Iowa on 10th day of November, 1989, the
City Council of the City of Dubuque,
Iowa, met on the 20th day of November,
1989, at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the
proposals for the sale of real estate
described as:
City Lot 505B in tim City of Dubuque,
Regular Session November 20, 1989
Iowa to Eagle Window & Door, Inc.
, the City Council of the
City of Dubuque, Iowa overruled any and
all objections, oral or written, to the pr(>
posal of interest of the City of Dubuque,
Iowa in the hereinabove described rear
~ Window & Door, Inc.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the in-
terest of the City of Dubuque, Dubuque
County, Iowa in real property described
as City Lot 505B in tbe City of Dubuque,
Iowa to Eagle Window & Door, Inc. be
~ same is hereby approved for the
surveying, platting, publication
and filing fees; conveyance shall be by
Quit Claim Deed.
Section 2. That the Mayor be author-
ized and directed to execute a Quit Claim
Deed, and the City Clerk be and is hereby
directed to deliver said
deed of conveyance to the above named
grantee upon receipt of the purchase
price in full.
Section 3. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this Resolution
in the Office of the City Assessor,
Dubuque County Recorder and the Du-
buque County Treasurer.
Passed, approved, and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetberg moved
edoptlon of the Resolution. Seconded by
Council Member Heekmann. Carried by
the following vote: yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
ORDINANCE NO. 58-89
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
Regular Session,
CITY OF DUBUQUE, IOWA, BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
WEST OF HIGHWAY 151/61, SOUTH
OF TWIN VALLEY ROAD AND
EAST OF ROCKDALE ROAD FROM
AG AGRICULTURAL TO C-3
GENERAL COMMERCIAL DIS-
TRICT, said Ordinance having been
presented at the meetings of October 16,
1989, November 6, 1989 and adjourned
Public Hearing from meeting of
November 6, 1989 presented for final
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 58-89
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 LOCATED
WEST OF HIGHWAY 151161, sOUTH
OF TWIN VALLEY ROAD AND
EAST OF ROCKDALE ROAD FROM
AG AGRICULTURAL TO C-3 GEN-
ERAL COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section L That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by revising AppendLx A thereof, also
known as the Zoning Ordinance of the
City oi Dubuque, Iowa to reclassify
hereinafter described property from AG
Agricultural District to C-3 General Com-
mercial District, to wit:
Lot 2 of Key Gate Center and to
the center line of the adjoining
public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. That the toregning amend-
merit has heretofore been 'approved by
the planning and Zoning Conunisslon of
the City of Dubuque, Iowa.
Passed, approved, and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
November 20, 1989
467
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 24th day of
November, 1989.
Mary A. Davis
City Clerk
It 1U24
Council Member Kluesner moved final
adoption of the Ordinance, subject to
signatures of other owners or proof that
Mr. Murphy can sign on behalf of all
owners. Seconded by Council Member
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Pratt, Simon, Voetberg.
Nays--Council Members Deich, Heck-
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on Plans and Specifications for the
f 7.5 MMG Water Reset-
located at W. 3rd St., full depth
repair on the roof, presented and read.
There were no objections received and no
oral objectors present at the time of the
Hearing.
Council Member Vootberg moved that
the proof of publication be received and
filed. Seconded by Council Member
Can'ied by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Khiesner,
Pratt, Simon, Voetberg. Nays--None.
Proof of publication, certified to by the
Publisher, on Notice to Bidders on the
receipt of bids for project, AND Com-
munication of City Manager recommen-
ding rejection of bid received, presented
and read.
Council Member Voetberg moved that
the proof and communication be received
and filed, and recommendation to reject
bids approved. Seconded by Council
Member Heckmann. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckn~ann,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, cer t~fied to by the
Publisher, on Notice of Public Hearing
on Plans and Specifications for the
Rehabilitation of the Interior of Transit
Gm'age, presented and reed. There were
no objections received and no oral objec-
tors present at the time of the Hearing.
468
Council Member Voetberg moved that
the proof of publication be received and
filed. Seconded by Council Member
Heckmann. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Siman, Voetherg. Nays--None.
RESOLUTION NO. 378419
RESOLUTION ADOPTING
pLANS AND SPECIFICATIONS
WHEREAS, on the 11th DAY OF OC
TOBER, 1989, plans, specifications, form
of contract and estimated cost were fried
with the City Clerk of Dubuque, Iowa for
the REHABILITATION: INTERIOR
WALLS OF TRANSIT GARAGE.
WHEREAS, notice of hearing on
plans, specifications, form of contract,
and estimated cost was published as re-
quired by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans, specifica-
tions, form of contract and estimated
cost for said improvements for said
project.
Passed, approved, and adopted tiffs
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Heckmaun. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckinann,
Kinesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice to Bidders on the
receipt of bids for project AND Com-
munication of City Manager recommen-
ding to award contract for project,
presented and read.
Council Member Voetherg moved that
the proof of publication and the com-
munication be received and filed. Second-
ed by Council Member Heckmann. Car-
rled by tbe following vote: Yees--Mayor
Regular Session, November 20, 1989
Brady, Council Members Deich, fleck-
mann, Kluesnerl Pratt, Simon, Vcetberg.
Nays--None.
RESOLUTION NO. 378-89
AWARDING CONTRACT
sealed proposals have
been submitted by contractors for the
REHABILITATION: INTERIOR
WALLS KEYLINE TRANSIT
FACILITY pursuant to Resolution No.
nd notice to bidders published in
a newspaper published in the City of
Dubuque, Iowa on the 20TH DAY OF
OCTOBER, 1989.
WHEREAS, said sealed proposals
were opened and read on the 9TH DAY
OF NOVEMBER, 1989 and it has been
determined that the bid of JACKSON
TUCKPOINTING COMPANY, INC. of
DUBUQUE, IOWA in the amannt of
;148,587.00 was the lowest bid for the
furnistdngs of alllabor wad materials and
work as provided for in
the plans and specifications.
NOW, THEREFORE, BE IT
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
l~bat the contract for the above im-
provement be awarded to JACKSON
COMPANY, INC.
and the Manager be and is hereby
directed to execute a contract on behalf
of the City of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approved, and adopted this
20th day of November, 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 Daich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Regular Session, November 20, 1989 469
Communication of planning and Zon- I neighborhood meetings with the IDOT
lng Commission advising of their ap- sound engineers and construction
provai of an Amended Conceptual
Development Plan for the PC Planned
Commercial District located at 255 John
F. Kennedy Road as requested by Ven-
ture Stores, Inc., presented and read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Voetherg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Heckmann, Kfuesner, Pratt, Simon,
Veetberg. Nays--None.
An ORDINANCE revising Appendix
A of the Code of Ordinances by ap-
proving an amended Conceptual Devel-
opment Plan for the PC planned Com-
mereiai District, presented and read.
Council Member Kluesner moved that
tbJs be considered the first reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
lng be held on the proposed Ordinance on
the 4th day of December, 1989, at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk publish notice in
the manner prescribed by law. Seconded
by Council Member Vcetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmarm,
Kfuesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Historic Preserva-
tion Commission reporting they have
unanimansly reaffirmed its denial of a
demolition request for property at 445
Loras Blvd.; Petition of Sharon Dull
Mullen requesting to address the Court-
cfi regarding denial of the demolition per-
mit by Historic Preservation Commis-
sion, presented and read.
Council Member Voetherg moved that
the communication and petition be re-
ceived and filed and denial affirmed.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Veetherg. Nays--None.
Communication of Patricia Can', re-
questing to address the Council to pre-
sent an up-to-date report on their
engineers concerning the Highway 20
Project, presented and read. Ms. Carr
stated that the neighborhood definitely
requests sound harden's, that a task force
be formed and a written report be given
to her. Mr. Russel Nash suggested
writing to the legislators.
Council Member Voetberg moved that
the conununication he received and fried.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
9:45 p.m. -- Council recessed.
10:04 p.m. -- Council reconvened.
Conununication of Teri Goodman re-
questing to address the Council to pre-
sent a resolution adopted by the Du-
buque County Democratic Party Central
Committee condemning recent acts of
racism that have occurred in our City and
requesting Council to support a com-
munity/commiseion task force to be
formed by the Human Rights Commis-
sion, presented and read.
Council Member Pratt moved to
receive and file the communication and
commend the party and direct the City
Clerk to prepare a resolution mirrored
after the Committee's and direct the City
Manager to prepare the suggested task
force to study the ordinance. Seconded
by Council Member Voetherg. Vote on
the motion was as follows: Yeas--Council
Members Pratt, Simon, Voetberg.
Nays--Mayor Brady, Council Members
Deich, Heckmann, Kluesner. MOTION
Council Member Heckmann moved to
receive and file the communication and
support the spirit of the resolution.
Seconded by Council Member Kluesner.
Carried by the fallowing vote: Yeas--
Mayor Brady, Council Members Daich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
Communication of Historic Preserva-
a Commission requesting a work ses-
sion with the City Council to review and
discuss the proposed Ordinance prior to
the end of this calendar year, presented
and read.
Council Member Yduesner moved that
470 Regular Session, November 20, 1989
the communication be received and filed
and set Work Session for Jaunary 8,
1990. Seconded by Council Member
Pratt. Carcied by the fallowing vote:
Yeas--Mayor Brady, Council Members
Dcich, Heckmann, Kluesncr, Pratt,
Simon, Voetberg. Nays--None.
Communication of City Manager
reconumending the designation of the Ice
Harbor as the location for the Excursion
Gambling Boat and authorizing the City
Manager to submit the rezaning applica-
tion, upon motion received and filed.
Council Member Klueener moved that
the commuafcation be received and filed.
Seconded by Council Member Deich. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Vcetberg.
Nays--None.
RESOLUTION NO. 380.89
A RESOLUTION DESIGNATING
THE NORTH SHORE OF THE ICE
HARBOR AS THE APPROVED
LOCATION FOR THE EXCURSION
GAMBLING BOAT AND DIRECT-
ING THE CITY MANAGER TO SUB-
MIT A REZONING APPLICATION
WHEREAS, Chapter 99F of the Iowa
Code, known as the "Iowa Excursion
Boat Gambling Act", legalizes limited
gambling on excursion boats when con-
ducted in accordance with the provisions
of Chapter 99F and administrative rules
promulgated under Chapter 17A of the
Iowa Code by the Racing and Gaming
Commission; and
WHEREAS, in Resolution 246-89
passed, approved and adopted on July 5,
1989, the City Council requested the
Dubuque Racing Association, Ltd., "to
apply for [riverboat] gambling license so
that they may continue to promote the
civic betterment and social improvement
of the conuannity, continue to relieve the
burdens of goverm~aent and carry out the
goals of this City Council in promoting
tourism."; and
WHEREAS, the application for an Ex-
cursinn Gambling Boat License must be
sub~nitted to the Iowa Racing and Gam-
ing Commission by December 31st; and
WHEREAS, the application must
identify the docking site for the excursion
gambling boat and must describe the
parking facilities, estimated cost and con-
struction schedule for docking and park-
ing facilities; and
WHEREAS, the Dubuque Racing
Association recommends the Ice Harbor
location as the site for docking the excur-
sion gambling boat; and
WHEREAS, the application requires
the approval of the City Council for the
proposed gambling boat decking site;
and
WHEREAS, the application requires
the applicant to state whether the appli-
cant has complied with local zoning laws:
and
WHEREAS, the City Council believes
it is in the best interest of the City of
Dubuque, Iowa, to deck the excursion
gambling boat in the Ice Harbor.
NOW, THEREFORE, BE IT
SOLVED BY THE CITY COUNCIL OF
['HE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of the
City of Dubuque, Iowa hereby approves
the north shore of the Ice Harbor as the
docking site for the excursion gan~bling
boat.
Section 2. That the City Manager is
hereby authorized and directed to submit
a rezonirg application to the planning
and Zoning Commission to rezone the
land located in the Ice Harbor area as
shown on the attached map from Heavy
Industrial (HI) to Commercial Recreation
(CR).
Section 3. That the City Clerk be and
is hereby authorized to provide a certified
copy of this Resolution to the Dubuque
Racing Association, Ltd.
Passed, approved, and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Co~cil Memb~' Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Dcich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager
Regular Session, November 20, 1989
471
recommending the establishment of an
Urban Renewal District in the Ice Har-
bor/4th St. peninsula area, AND Com-
munication of Malo Oil Co. requesting
Council review the proposed Urban
Renewal District and proceed with can-
tlon, presented and read.
Council Member Kluesner moved that
the communications be ~ceived and filed.
Seconded by Council Member Heck-
mann. Carried by the fallowing vote:
Yeas--Mayor Brady, Council Members
Deich, Heekmann, Khiesner, Pratt,
Simon, Voetbarg. Nays--None.
RESOLUTION NO. 381-89
A RESOLUTION OF NECESSITY
FINDING THAT THE FOURTH
STREET PENINSULA/ICE HARBOR
IS A BLIGHTED AREA AND THAT
REDEVELOPMENT OF SAID AREA
IS NECESSARY IN THE INTEREST
OF THE RESIDENTS OF THE
CITY OF DUBUQUE, IOWA.
WHEREAS, tbe City Council has
determined that the following blighting
conditions exist within the Fourth Street
Penlnsula/Ice Harbor: a preponderance of
existing buildings and improvements
which have deteriorated or are dilapi-
dated and obsolete, a fadity layout of lots
in relation to their size. adequacy and
usefulness, fragmented property owner-
ship patterns, a lack of public utilities,
and an inadequate street layout; and
WHEREAS, the City Council believes
that the combination of these factors
substantially impairs or arrests the
sound growth of the City af Dubuque;
and
WHEREAS, the City Council believes
that the designation of the Fourth Street
peninsula]Ice Harbor as an urban re-
newal district wili assist in the removal
or improvement of these blighting ele-
ments and will enhance the attractive-
ness of the area as a potentisi site for new
and expanding commercial and industrial
activity; and
WHEREAS, the Iowa Urban Renewal
Law requires that before urban renewal
powers may be exercised, a City Council
must adopt a resolution finding that the
area in question is a slum area, a
blighted area or an economic develop-
ment area, and designathig such area as
appropriate for re'ban renewal activities;
and
WHEREAS, the City of Dubuque is
reqnlred by the Iowa Urban Renewal
Law to provide the planning and Zoning
Commission an opportunity to review
and comment upon the proposed urban
renewal plan.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the following described
area, to be known as the "Fourth Street
peulnanla/Ice Harbor Urban Renewal
District," is an area of blight, as defined
by Chapter 403 of the Iowa Code, and is
appropriate for au urban renewal project;
to wit:
That a~a generally bordered on
the north and on the west by the
Chicago, Central and Pacific
Railroad (CC&P RR), on the south
by East First Street, and on the
east by the municipal limits of the
City of Dubuque, Iowa.
Section 2. That the redevelopment of
said area is necessary in the interest of
the public health, safety, or welfare of the
residents of the City of Dubuque, Iowa.
Section 3. That the City Manager is
hereby directed to prepare an urban
renewal plan, the purpose of which is to
encourage orderly redevelopment of the
above described Fourth Street peuln-
sula/Ice Harbor Urban Renewal District,
and, upon completion, forward a copy of
said plan to the Planning and Zoning
Commission of the City of Dubuque on
or before the 30th day of November 1989.
Section 4. That the planning and Zon-
ing Commission is hereby requested to
review the proposed urban renewal plan
for compliance with the general plan of
the City of Dubuque and to make writ-
ten recommendations to the City Coun-
cil on or before the 12th of December
1989.
Passed, approved, and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resalutinn. Seconded by
472 Regular Session, November 20, 1989
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Khiesner, Pratt, Sfinon, Voetberg.
Nays--None.
Communication of City Manager re-
questing an amendment to the 1990
Budget approving the expenditure of
funds for the Police Dept. projects which
have nat previously been appropriated,
presented and read.
Council Member Pratt moved that the
communication be received and filed and
request approved. Seconded by Council
Member Voatherg. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Dalch, Heckmann, Kfuesner,
Pratt, Simon, Voetherg. Nays--None.
Communication of City Manager
recommending a strategy to bring
closure to both the Sign Moratorium
presently in effect in the Freeway Cor-
ridor and to the off-premise signage
amendment to the Zoning Ordinance
which was tabled by the Council in May,
1989, presented and read.
Council Member Heckmarm moved
that the matter be removed from table
and received and filed and set off-premise
algnage for Work Session on January
1990 and continue moratorium. Second-
ed by Council Member Vcetberg. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Daich, Heck-
mann, Khiesner, Pratt, Simon, Voatherg.
Nays--None.
Communication of City Manager re-
questing addendum to Preconstruction
Agreement with IDOT on U.S. 61 pro-
ject in the City associated with 3rd St.
overpass and estimated cost to be in-
cuffed relative to storm sewers reloca-
tion, presented and read.
Cotmcil Member Heckmarm moved
that the communication be received and
filed. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayor Brady~ Council Members
Dalch, Heckmann, Khiesner, Pratt,
Simon, Voatherg. Nays--None.
RESOLUTION NO. 382~9
RESOLUTION APPROVING
ADDENDUM TO PRECONSTRUC-
TION AGREEMENT 87-4-210
WITH IOWA DEPARTMENT OF
TRANSPORTATION RELATING
TO RELOCATED 61 PROJECT
WHEREAS, a Pre-Design Agreement
73-P-024 for preliminary design concepts
for the U.S. primary Highway 61 located
within the City was executed by the City
of Dubuque and Iowa Department of
Transportation on March 6, 1973 and
April 4, 1973, respectively; and
WHEREAS, Pre-Dealgn Agreement
80-P-006 for development of a temporary
U.S. 61 connection between Central
Avenue and U.S. #61/Mississippi River
Brdlge, was algned by the City and
I.D.O.T. on September 9 and 30, 1981,
respectively; and
WHEREAS, Preconstruction Agree-
ment 87-4-210 for construction of
Relocated 61 from nero' Grandview
Avenue northerly and easterly to the
U.S. #61/Mississippi River Bridge was
signed by the City and I.D.O.T. on
January 31 and February 17, 1989,
respectively; and
WHEREAS, Addendum 89-A-143 ex-
ecuted between the City and I.D.O.T. on
April 8 and 12, 1989, respectively, pro-
vided for detailed information on the
storm sewer reimbursement and modi-
fication of the First Street/Soo Line Rail
crossing; and
WHEREAS, Addendum 89-A-197 ex-
ecuted between the City and LD.O.T. on
April 7 and 29, 1989, respectively, pro-
vides for storm sewer reimbursement on
the Raiiroad Relocation Project and
Relocated 61 mainline construction from
Railroad Avenue extended northerly to
Fifth Street; and
WHEREAS, Addendum 89-A-201 ex-
ecuted between the City and I.D.O.T. on
August 7 and 29, 1989, respectively, pro-
rides for alimination of the Third Street
alley connection which was originally pro-
posed; and
WHEREAS, the attached Addendum
identified as 90-A-003 further describes
the project associated witb the construc-
tion of the Third Street bridge over the
Relocated 61 and further identifies the
cost associated with the installation of
storm sewers associated with the con-
straction of the Third Street overpass;
and
WHEREAS, Preconstructinn Agree-
merit 87-4-210 stipulates that the City
Regular Session, November 20, 1989
473
will reimburse I.D.O.T. for 86% of the ac-
bual cost of the storm sewer installations
for those storm sewers associated with
the project and 100# of other cost not
directly related to the project; and
WHEREAS, LD.O.T. has computed
the estimated cost of those expenses to
be shared by. LD.O.T. and the City at
530.656.00 ($4,292.00 I.D.O.T. and
$26.364.00 City); and
WHEREAS, the City's portion of the
storm sewers located outside the con-
s~ruction limits of the 61 Project which
sewers will be constructed in conjunction
with tbe project are estimated at a total
cos~ of $81,314.00 which cost shall be
totally incurred by the City; and
WHEREAS, the total estimated cost
of storm sewers associated with the
Third Street overpass to the City will be
the $26,364.00 plus $81,314.00 or
$107,678.00 and will be reimbursed to the
Iowa Department of Transportation after
completion of construction and proper
billing.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the City Council ap-
proves the Addendum to Preconstmction
Agreement identified as I.D.O.T. Agre~
ment 87-4-210 relative to the constr~tc-
tion of U.S. Highway 61 and associated
linprovements in the City of Dubuque,
Iowa.
Section 2. That the Mayor be author-
ized and directed to execute two copies
of the Addendum to this Preconstruction
Agreement with the Iowa Department of
Transportation.
Passed, approved, and adopted this
20tb day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of tbe Resolution. Seconded by
Council Member Delch. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich,
Kfuesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager
cecommending a course of action to delay
enforcement of House File 745 pertain-
ing to Handicapped parking Regalatlons,
presented and read.
Council Member Heckmann moved
that the communication be received and
filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dalch, Heckmann, Kluesner, Pratt,
Simon, Voatberg. Nays--None.
Neff Kelly spoke to the situation.
RESOLUTION NO. 383-89
WHEREAS, the City Council of the
City of Dubuque recognizes the needs of
its handicapped and disabled citizens and
has addressed these concerns through
carefully prepared and adopted policies
that are commensurate with federal and
; and
WHEREAS, the City Council of the
City of Dubuque accepts the intent of
House File 745, Handicapped and Dis-
abled Bill, as being beneficial and in the
best interest of the handicapped and
disabled; and
WHEREAS, the City Council of the
City of Dubuque finds the unclear ver-
biege of House File 745, the potential
liabfiity that could impact the City and
State if handicapped street parhing
spaces are provided as required in House
File 745, and is aware of the fiscai impact
projected if House File 745 is fully
implemented.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
CITY OF DUBUQUE, IOWA,
THAT THE CITY COUNCIL OF THE
CITY OF DUBUQUE DOES GO ON
RECORD AS FOLLOWS:
SECTION 1. Directing the City Clerk
to forward a certified copy of this resolu-
tion with an accompanying letter fi'om
the Mayor of the City of Dubuque to area
legislators, the mayoral letter expressing
the City of Dubuque's concerns relative
to the negative impacts of House File 745
on the handicapped populace of this state
and the City of Dubuque.
Section 2. Directing the Mayor to peti-
tion the Administrative Rules Commit-
f the State of Iowa to grant a delay
in promulgating rules and regulations for
implementation of House File 745.
474 Regular Session, November 20, 1989
Section 3. Directing City st~d 10th Sts., presented and read.
with the League ot Iowa Muincipalities, I Council Member Voetberg moved that
other Iowa cities and representatives of ., . ..........
org~miza~tions~ ,and .prep.,m'e ~lseofaltte;: [ ~ed by the following vote: Yeas--Mayor
natives ~or anaresslng ~ne n Brady, Council Members Dcich, Heck-
hah&capped and disabled and trta~snut mann, Kluesner, Pratt, Simon, Voetberg.
these options to local legislators for Nays--None.
consideration.
Passed, approved and adopted tins
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmarm moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deleh, Heckmarm,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitting ins recommendations for the
establishment of a Long-Range Planning
Commission and a separate Zoning Com-
mission, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Dcich. Cm'-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Veetberg.
Nays--None.
An ORDINANCE Amending Code of
Ordinances by adopting in lieu thereof a
new Chapter 36, "planning; Zoning: Sec-
tion 36-1 through 36-1§, providing for a
Comprehensive Plan, creating a Long
Range Planning Commission and pro-
riding for membersinp and the powers
and duties thereof, and creating a Zon-
lng Commission and providing for the
membership and the powers and duties
thereof, presented and read.
Council Member Pratt moved that tins
be tabled until a work session to be lield
on January 22, 1990. Seconded by Corm-
cil Member Deleh. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Khiesner,
Pratt, Simon, Voetberg. Nays--None.
Communication of City Manager
reconunanding the creation of a two hour
parking zone on Jackson St. between 9th
ORDINANCE NO. 59-89
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
DELETING CERTAIN AREAS IN
THE TWO HOUR TIME ZONES
DESIGNATED IN SUBSECTION (c)
AND NO PARKING AT ANY TIME
ZONES DESIGNATED IN SUBSEC-
TION (d) BOTH IN SECTION 32-262
THEREOF AND ADDING CERTAIN
AREAS IN THE TWO HOUR TIME
ZONES DESIGNATED IN SUBSEC-
TION (c) IN SECTION 32-262 IN LIEU
THEREOF PROVIDING FOR TWO
HOUR pARKING ON CERTAIN
STREETS IN THE CITY, presented
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 59-89
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
DELETING CERTAIN AREAS IN
THE TWO HOUR TIME ZONES
DESIGNATED IN SUBSECTION (c)
NO PARKING AT ANY TIME
ZONES DESIGNATED IN SUBSEC-
TION (d) BOTH IN SECTION 32-262
THEREOF AND ADDING CERTAIN
AREAS IN THE TWO HOUR TIME
ZONES DESIGNATED IN SUBSEC-
TION (c) IN SECTION 32-262 IN LIEU
THEREOF PROVIDING FOR TWO
HOUR pARKING ON CERTAIN
STREETS IN THE CITY
NOW, THEREFORE, BE IT OR-
[ THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1: That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by deleting the following areas in
Subsection (c) of Section 32-262 tliereof
as follows:
"Sec. 32-262. Prohibited on
designated streets or portions
thereof.
Regular Session, November 20, 1989
(c) Time zones designated,
Two Hour Time Zones
Ninth Street, north side, from
White Street to Jackson Street
Jackson Street, west side, from
East Tenth Street to East Twelfth
Street"
Section 2: That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by adding the following areas in
Subsection (c) of Section 32-262 thereof
as follows:
"Sec. 32-262. Prohibited on
designated streets or portions
thereof.
(c) Time zones designated.
Two Hour Time Zones
Ninth Street, East, north side,
from White Street to Washington
Street
Jackson Street, west side, from
one hundred forty (140) feet north
of East Tenth Street to East
Twelfth Street; both sides, from
East Ninth Street to East Tenth
Street"
Section 3: That the Code of Ordinance~
of the City of Dubuque, Iowa be amend-
ed by deleting the following street from
Subsection (d) of Section 32-262 thereof
as follows:
"Sec. 32~262. Prohibited on
designated streets or portions
thereof.
(d) No. Parking-At-Any-Time
zones designated.
Jackson Street, both sides, from
East Eighth Street to a point one
hundred forty (140) feet south of
East Eleventh Street"
Section 4: That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by adding the following street to
Subsection (d) of Section 32-262 tbereof
as follows:
"Sec. 32-262. Prohibited on
designated streets or portions
thereof.
475
(d) No.P arking-At-Any-Time
zones designated
Jackson Street, both sides, from
East Eighth Street to East Ninth
Street and from East Tenth Street
to a point one himdred forty (140)
feet south of East Eleventh
Street"
Passed, approved and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper tins 27th day of
November, 1989.
Mary A. Davis
City Clerk
It 11127
Council Member Vcetberg moved that
this be considered the th'st reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by 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 Ordinance regarding parking in
the vicinity of 14th & White Ste.,
presented and read.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
ORDINANCE NO. 60-89
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SUBSECTION (g)
OF SECTION 32-262 THERETO PRO-
VIDING FOR TWO HOUR pARKING
BETWEEN 9:00 AND 6:00 P.M. EX-
CEPT SATURDAYS, SUNDAYS,
476 Regular Session, November 20, 1989
AND PUBLIC HOLIDAYS AND
DESIGNATING CERTAIN AREAS
IN SUBSECTION (g) IN SECTION
32-262 PROVIDING FOR TWO HOUR
PARKING ON CERTAIN STREETS
IN THE CITY, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 60-89
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ENACTING A NEW SUBSECTION (g)
OF SECTION 32-262 THERETO PRO-
VIDING FOR TWO HOUR PARKING
BETWEEN 9:00 A.M. AND 6:00 P.M.
EXCEPT SATURDAYS, SUNDAYS,
AND PUBLIC HOLIDAYS AND
DESIGNATING CERTAIN AREAS
IN SUBSECTION (g) IN SECTION
32-262 PROVIDING FOR TWO HOUR
PARKING ON CERTAIN STREETS
IN THE CITY
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1: That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by creating a new Subsection (g) of
Section 32-262 thereof as follows:
"Sec. 32-262. Prohibited on
designated streets or portions
thereof.
(g) Two hour parking 9:00 a.m. to
6:00 p.m. except Saturdays. Sun-
days, and public holidays. When
signs are erected giving notice
thereof, no person shall park a
vehicle between the hours of 9:00
a.m. and 6:00 p.m. on any day ex-
cept Saturdays, Sundays, and
public holidays upon the followirg
streets or parts of streets as
follows:
Funrteenth Street, East, south
side, from Jackson Street to
White Street; north side, from
Jackson Street to tbe alley east of
White Street
White Street, both sides, from
East Thirteenth Street to East
Fourteenth Street."
Passed, approved and adopted tkis
20th day of November, 1989.
James E. Brady
Mayor
~TTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
November, 1989.
Mary A. Davis
City Clerk
It 11/27
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance and that the requh-ement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Council Member Simon moved that it
be resalved to establish a "Hate Crime"
fund in the amount of $5000 for rewards
leading to arrests with details to be
worked out by Staff. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmann,
Kkiesner, Pratt, Simon, Voetberg.
Nays--None.
DOCK BOARD APPOINTMENTS:
Two 3-year terms which will exph'e Nov.
26, 1992 (torrns of Waiter Curfman and
Ed Ryan). Applicants: Kent Neflson, Ed
W. Ryan and Charles R. Scott.
Vote on tbe appointments was as
follows: Mayor Brady voted for Neilson
and Ryan. Council Member Deich voted
for Ryan and Scott. Council Member
Heckmann voted for Neilson & Ryan.
Council Member Kluesner voted for
Neilson and Ryan. Cotmcil Member Pratt
voted for Ncilson and Ryan. Council
Member Simon voted for Neilson and
Scott. Council Member Voetberg voted
for Neilson and Scott. Therefore, Kent
Ncilson was appointed and Ed Ryan
reappointed to three year terms on the
Dock Bdi
RESOLUTION NO. 384-89
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Regular Session, November 20, 1989
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettos and Cigarette Papers within said
City.
Judith M. LaPrall
The Pump 1301 Rhomberg Ave,
Sam Wei Chin - Guo Liang Yong
Long Yuen Chinese Restaurant
2600 Dodge St.
Passed, approved and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of tile 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. 385-89
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bond;
NOW, THEREFORE, BE IT
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beet'
Permit.
CLASS "C" BEER PERMIT
Iowa Oil Company
IOCO SPEEDE SHOPPE
3270 Dodge St.
(Also Sunday Sales)
TFM Co.
Oky Doky #6 1256 Iowa St.
(Also Sunday Sales)
Passed, approved and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
477
Council Member Dcich moved adop-
tion of the Resolution. Seconded by
Council Member Heckmmm. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 386-89
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be
cupiod by such applicants were inspected
md fotmd to comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
ause to be issued to the
following namod applicant(s) a Liquor
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Sun's Corp
Yen Ching Restaurant 926 Main St.
Benevolent and Protective
Order of Elks #297
2699 J. F. Kennedy
Lynn Lindecker
park Square Tavern
600 Central Ave.
Gary L. Kupferschmidt and
Chad Alan Streff
Whiskey River 1064 University Ave.
(Also Sunday Sales)
Sam Wei Chin &
Guo Liang yong
Long Yuen Chine 2600 Dodge St.
(Also Sunday Sales)
Passed, approved and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Delch moved adop-
tion of the Resolution. Seconded by
Cotmcil Member Heckmarm. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dcich, Heckmann,
478
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
Printed Council Proceedhigs for month
of May, 1989 presented for Council ap-
proval. Council Member Veethorg moved
that the proceedings be approved as
printed. Seconded by Council Member
Simon. Carried by tho following vote:
Yeas--Mayor Brady, Council Members
De/ch, Hechmann, Khiesner, Pratt,
Simon, Voetberg. Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 10-10; Housing Comm. of
10-30; park & Recreation Comm. of 10-10
& 10-17; Zoning Bd. of Adjustment of
9-28, presented and read.
Council Member Voetberg moved the
minutes be received and filed. Seconded
by Council Member Simon. Carried by
the following vote: Yeas--Mayor Brady,
Council Members De/ch, Heckmann,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
NOTICES OF CLAIMS/SUITS: Mary
Bettcher, ha amt. of $61.43 for tire
damages; Joan Beversdorf, in amt. of
$303.99 for car damages; Robert Gatena
in amt. of $45 for boat damages; Deipha
(Becky) Jones in unknown amt. for per-
sonalinjury and property damages; A.J.
Kress in amt. of $453.85, 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 S/mun.
Carried by the following vote: Yeas--
Mayor Brady, Council Members De/ch,
Heckmann. Khiesner, Pratt, Simon,
Vcetberg. Nays--None.
It is hereby certified that, on the 13th
day of November, A.D., 1989, the under-
signed Eldon Herr/g, Alan Manternach
and Donna Smith, Dubuque County
Board of Supervisors met as a Board of
Canvassers as provided by law, in Coun-
ty Courthouse in Dubuque County, Iowa,
and canvassed the election returns from
all the voting precincts in said County,
for votes cast at the election hold therein
on the 7th day of Novemhor, A.D., 1989
for each office on the ballot and the
number of votes for and against each
question suinnitted by said City the
result of said canvass being as follows:
FOR THE OFFICE OF City Council
Regular Session, November 20, 1989
of Dubuque At Large (One to be elected)
there were twelve thousand two hundred
seventy-rant (12,274) ballots cast, of
which Daniel Nicholsan had eight thou-
sand forty-seven votes, Emil Stackis had
four thousand two hundred twenty-five
votes, Marvin Cecayne had one vote,
Bruce Japsen had one vote and Daniel
Nichalsen was elected.
FOR THE OFFICE OF Mayor of
Dubuque lOne to be elected) there were
tblr teen thousand two hundred thirty-one
13,231) ballots cast, of w/i/ch James E.
Brady had eight thousand four hundred
fifteen votes, Michael Pratt had four
thousand eight hundred fourteen votes.
lames Gross had one vote, Dave Simon
had one vote, and James E. Brady was
elected,
FOR THE OFFICE OF City Council
of Dubuque Ward Three (One to be
elected) there were two thousand five
hundred eighty-two 12,582) bellots cast,
of wblch Floyd Cook had seven hundred
ninety-seven votes, Don. De/ch had one
thousand seven hundred sixty-four votes,
Walter Pregler had twenty-une votes and
Don De/ch was elected.
FOR THE OFFICE OF City Council
of Dubuque Ward One (One to be elected)
there were two thousand six hundred
seventy-three votes t2,673) ballots cast,
of which James Heckmaun had two thou-
sand six hundred seventy-three votes and
[ames Heckmann was elected.
WITNESS our signatures, this 13th
day of November, A.D., 1989.
Canvassers:
s/Eldon T. Hertig
Chair
Donna L. Smith
Member
Alan Manternach
Member
Petition of Lotus College requesting
vacation of that section of the alley east
of Blake St. as well as a portion of Blake
St. falling within the Loras College boun-
duty, presented and read.
Council Member Voetberg moved that
the petition be referred to the City
Manager. Seconded by Council Member
Simon. Carried by the following vote:
yeas--Mayor Brady, Council Memhors
Delch, Heckmann, Kinesner, Pratt,
Simon, Voetherg. Nays--None.
Regular Session, November 20, 1989
pecof of publication, certified to by the
Publisher, on List of cia/ms paid for
month of September, 1989, presented and
Council Member Voetberg moved that
the proof of publication be received and
filed. S~cunded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
De/ch, Heckmann, Kiuesner, Pratt,
Simon. Vcathorg. Nays--None.
REFUNDS REQUESTED: KC & S,
IBc. $633.75 on unexpired Liquor
License, presented and read.
Council Member Voetberg moved that
the refund ho approved and Finance
Director to issue the proper check.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members De/ch,
Heckmann, Khiesner, Pratt, Simon,
Voetherg. Nays--None.
(LETTER)
November 8, 1989
Honorable Mayor and Members
of the City Council
In accordance with the provisions of
Chapter 400, Code of Iowa, 1989, as
amended, the Civil Service Commission
conducted ~q. itten examinations for the
position of WATER PLANT OPERA-
TOR on October 31, 1989.
The following named applicants are on
the first llst to be certified for
appointment.
Michael J. Feiton, Wflilam A. Haxmeier,
Kenneth F. Massey, David H.
Be//richard, Edward J. Bums, Samuel S.
McCaugbey, James R. Burke, Richard
W. Datisman, Garry S. Barry, Wayne D.
Connally, Robert J. Mo/id
We request that the appointment be made from this list.
A second list is available, if needed.
Respectfully submitted,
s/Pat Dillon
Chairperson
s/Robert M. Miller
s/Gerald Koppes
Civil Service Commisalun
ATTEST:
Mary A. Davis
Secretary
Council Member Vcetberg moved that
479
he communication be received and filed
and resolved to make it a matter of
record. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voethorg. Nays--None.
Communication of City Manager
recommending acceptance of Town Clock
plaza Tile and Terrazzo Repair Project,
presented and read.
Council Member Vcatberg moved that
the counnunication be received and filed.
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. 387-89
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
TOWN CLOCK PLAZA TILE AND
TERRAZZO REPAIR has been com-
pleted and the City Manager has exam-
ined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract,
plans and specifications and reconunands
it acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Counci~ of the City
of Dubuque, Iowa, that the recommen-
datlon of the City Manager be approved
and that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
GENERAL FUND in amount equal to
the amount of his contract, less any re~
rained percentage provided for therein.
Passed, approved and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetherg moved
adoption of the Rsealutinn. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members De/ch, Heckmann,
Kfuesner, Pratt, Simon, Voetberg.
Nays--Nane.
480
RESOLUTION NO. 388-89
FINAL ESTIMATE
WHEREAS, the contract for the
TOWN CLOCK PLAZA TILE AND
TERRAZZO REPAIR has been com-
pleted and the City Engineer has sub-
mitted bis final estimate showing the
cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous 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-
provemant is hereby determined to be
$65,454.82 and the said amount shall be
paid from the GENERAL FUND of the
City of Dubuque, Iowa.
Passed, approved and adopted this
20th day of November, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Counell Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
fo]lowing vote: Yeas--Mayor Brady,
Council Members Delch, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager
recommending acceptance of Installation
of the Compressed Air and Bus Systems
at the Keyllne Transit Facility, presented
and read.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Heckmarm, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 389-89
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
COMPRESSED AIR SYSTEM AND
BUS EXHAUST SYSTEM -- KEY-
LINE TRANSIT FACILIq~ has been
completed and the City Manager has ex-
amined the work and filed his certificate
stating that the same has been completed
Regular Session, November 20, 1989
according to the terms of the contract,
it acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the City
of Dubuque, Iowa, that the recommen-
dation of the City Manager be approved
and that said improvement be and the
accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
LOCAL SALES TAX FUND in mnoun~
equal to the amount of his contract, less
m~y retained percentage provided for
therein.
Passed, approved and adopted this
20th day of November, 1989.
James E. Brad~r
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetharg moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
fullowir4~ vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kfuesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 39~-89
FINAL ESTIMATE
WHEREAS, the contract for the
COMPRESSED AIR SYSTEM AND
EXHAUST SYSTEM -- KEY-
LINE TRANSIT FACILITY has been
completed and the City Engineer has
submitted his final estimate showing the
cost thereof including the cost of esti-
mates, notices and inspection and all
miscellaneous 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
$62,620.00 and the said amount shall be
paid from the LOCAL SALES TAX
FUNDS of the City of Dubuque, Iowa.
Passed, approved and adopted this
20th day of November, 1989.
Jo~aes E. Brady
Mayor
Regular Session, November 20, 1989
481
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Counell Members Deich, Heckmarm,
Kluesner. Pratt, Simon, Voetberg.
Nays--None.
Communications of Corporation
Counsel recommending settlement of
following clelms: sewer backup of Joe
Dolan in the amount of $426.40; proper-
ty damage of Gilbert Nadermann in the
amount of $175.00, presented and read.
Council Member Voetberg moved that
the communication be received and filed
and approved settlements with Finance
Director to issue the proper checks.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
Communications of Corporation
Counsel recommending dehiaYclosure of
following clahns: personal injury and bike
damage of Dennis Hoyer for his son,
Scott; property damage of Donald M.
Kloft; personalinjury of Irmlna L. Sandt;
cm' damage of Cindy & Douglas Winger,
presented and read.
Council Member Voetberg moved that
the comnmnlcations be received and filed
and recommendations approved. Second-
ed by Council Member Simon. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dalch,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing authorization to publish Notice
of Environmental Review Findings for
certain Community Development Block
Grant Projects, presented and read and
filed.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch
Heckmonn, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 391-89
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW FIND-
INGS FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECTS.
WHEREAS, the City of Dubuqne is
,osing to enter into a Grant
Agreement for the Calendm' Year com-
menelng January 1, 1990 with the U.S.
Department of Housing and Urban
Development, providing for llnancial
~ssistance to the City under Title I of the
Housing and Community Devalopment
Act of 1974, as amended; and
WHEREAS, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, an environmental review
has been processed for the hereinafter
described projects to be financed with
Community Development Block Grant
funds; and
WHEREAS, an ad hoc Environmen-
tal Review Committee has after due con-
~ made a determination that the
ects axe not a major Federal action
significantly affecting the quality of the
human environment.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No Signifi-
cant Effect on the Environment for the
following identified projects, and to make
the Environmental Review Record for
said projects available for public inspec-
tion. Such notice shall be hi the form of
attached hereto and made
a part hereof.
Housing Rehabilitation
--Rehab Loan Program
--Washington Neighborhood Tool
Library
--Housing In-Fill
Acquiai~ion, Relocation, Demolition
Code Enforcement
Economic Development Activities
Public Service Activities
--Information and Referral
--Community partnership Projects
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
Resohition at its meeting of December 4,
1989 authorizing the submission of a
482
request to the U.S. Department of Hous-
ing and Community Development to
undertake the projects.
Passed, approved and adopted tiffs
20th day of November, 1989.
Jan~es E. Bredy
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Bredy,
Council Members Delch, Heckmann,
Khiesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of City Manager re-
questing the filing of a Statement of In-
tent for a CD Block Grant for the City
of Dubuque, presented and read.
Coundl Member Voetberg moved that
the communication be reecived and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kinesner, Pratt, Simon,
Vcetberg. Nays--None.
RESOLUTION NO. 392-89
A RESOLUTION AUTHORIZING
THE FILING OF A STATEMENT
OF INTENT FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT
FOR THE CITY OF DUBUQUE.
WHEREAS, the City of Dubuque k
entitled to participate in the Communi-
ty Development Block Grant Program
authorized under the provisions of Title
I of the Housing and Community
Development Act of 1974, as amended;
and
WHEREAS. the City of Dubuque has
been declared eligible for funding in the
approximate amount of $900,000 for the
Calendar Year commencing January 1,
1990; and
WHEREAS, the Community Develop'
ment Block Grant Proposed Statement
of Intent has been developed so as to give
maximum feasible priority to activities
which will benefit low and moderate in-
come persons and aid in the prevention
or elimination of slum and blight; and
WHEREAS, the City of Dubuque has
Regular Session, November 20, 1989
the citizens of the community
with opportunities to provide input and
comment on the Statement of Intent
NOW, THEREFORE, BE IT
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the fding of a Proposed
Statement of Intent for participation in
the Community Development Block
Grant Program is hereby approved, and
the Mayor of the City of Dubuque is
hereby author~ed and db~ed to execute
documentation on behalf
of the City of Dubuque.
Section 2, That the City Manager is
hereby authorized and directed to sub-
mit, in the required number of copies, the
Proposed Statement of Intant to the U.S.
Department of Housing and Urban
Developmant and other appropriate
agencies together with such other
documents as may be required.
Passed, approved and adopted this
20th day of November, 1989.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Voetherg moved
adoptinn of the Resolution- Seconded by
il Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Heckmann,
~ineaner, Pratt, Simon, Voetberg.
Nays--None.
There being no further business, Coun-
ell Member Deich moved to adjourn the
meeting. Seconded by Council Manaber
Carried by the following vo~e:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kinesner, Pratt,
Simon, Voetberg. Nays--None.
Meeting adjourned at 11:55 p.m.
Mary A. Davis
City Clerk
Approved_
1990
Adopted__
1990
Mayor
Regular Session, November 20, ~1989
Council Members
ATTESt.
City Clerk
483