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1990 October Council Proceedings Regular Session, October 1, 1990 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, October I, 1990. Council Met at 7,30 p.m.. Public Library Auditorium. Present, Mayor Brady, Council Mem- bers Deich, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the Regular Montlùy Meeting of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Rev. Kenneth Helmke, Director of Business and Finance at Wartburg Theological Seminary. PROCLAMATIONS - Month of Oc- tober as "Safety Through Songs Month" received by Mark Aldemann; October 15, 1990 as "White Cane Safety Day" received by Aldo and Buelah Maddalozzo; October 31, 1990 as "Trick Or Treat Night" Council Member Kluesner moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Voetberg. Carried by the following vote, Yeas- Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specifications for construction of Cedar Cross Road Sanitary Sewer Exten- sion; proof of publication, certified to by the Publisher, on Notice to Property Owners on Notice of Hearing on Resolu- tion of Necessity for project; certificate of City Clerk stating notices were sent hy certified mail on September 13, 1990, ad- vising known property owners of public hearing on resolution of necessity for pro- ject; petition of John L. Sibley, owner of Ace Mobile Home Park at 701 Cedar Cross Road, requesting Council to con- sider assessing him omy for the front 516 section of the property adjacent to Cedar Cross Road for an amount of $9,924.00 and he would also pay the $25,000 for the required lift station, presented and read. Council Member Kluesner moved that the proofs, certificate and petition be received and filed. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Mem- bers Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Attorney Robert Klauer, representing twenty-two property owners of Cedar Cross Road, objected to the timeliness of the project, recommending street, curb, gutter, water & sewer be done at the same time. Charlie Skemp, Jack Sibley, William Hart, Fritz Ganshirt, Steve Wieland, Michael Hinz, Joaan Hart, all spoke to the petition. RESOLUTION NO- 402-90 RESOLUTION ADOPTING PLANS AND SPECfFICATIONS Whereas, on the 29th day of August, 1990, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Cedar Cross Road Sanitary Sewer Extension. Whereas, notice of hearing on plans, specifications, form of contract and estimated cost was published as required by law. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, Ik That the said plans, specifications, form of contract and estimated cost are hereby approved as plans, specifications, form of contract and estimated cost for said im- provements for said project. Passed, approved and adopted this 1st day of October, 1990. Attest, Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. 517 Regular Session, October 1, 1990 RESOLUTION NO, 403-90 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE CEDAR CROSS ROAD SANITARY SEWER EXTENSION. Whereas. the City Council has propos- ed a Resolution of Necessity for the Cedar Cross Road SaIÙtary Sewer Extension, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has heen held, all persons offering objections have been heard and consideration given to all objections and is pending hefore this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all ob- jections filed or made having been duly considered are overruled, Passed, approved and adopted this 1st day of Octoher, 1990. James E. Brady Mayor Attest, Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson. Pratt. Voetberg. Nays-None. Proof of publication, certified to by the Publisher. on Notice to Bidders on the Receipt of Bids for the construction of Cedar Cross Road Sanitary Sewer Exten- sion and communkation of City Manager recommending to award contract for pro- ject to McDermott Excavating of Du- buque in amount which ia 18.7% over the engineer's estimate. presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt- Car- ried by the following vote, Yeas-Mayor Brady. Counci1 Membera Deich. Kluesner, Nicholson, Pratt, Voetberg. Nays-None, RESOLUTION NO. 4IJ4.90 AWARDING CONTRACT ."""'0' Whereas, sealed proposals have been submitted by contractors for the Cedar Cross Road Sanitary Sewer Extension pursuant to Resolution No, 375-90 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of September, 1990. Whereas. said sealed proposals were opened and read on the 20th day of September. 1990 and it has been deter- mined that the bid of McDermott Ex- cavating of Dubuque, Iowa in the amount of $132,410.46 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, That the contract for the above im- provement be awarded to McDermott Ex- cavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of the work. BE IT FURTHER RESOLVED, That upon this signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in- structed to return the bid desposits of the unsuccessful bidders. Passed. approved and adopted this 1st day of October, 1990. James E. Brady Mayor Attest, Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution, Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote, Yeas-Mayor Brady. Council Members Deich, Kluesner, Nicholson. Pratt. Voetberg. Nays-None. Proof of publication, certified to by the Publisber. on Notice of Hearing on Plans and Specifications for the City Hall Bell Tower Restoration and petition of the City Hall Tower Restoration Committee ask- ing for additional city funds because the cost of installing the tower came in higher than anticipated. presented and read. Council Member Pratt moved that the proof and petition be received and filed. Seconded by Council Member Voetberg, Carried by the following vote, Yeas- "Mayor Brady, Council Members Deich, Kluesner. Nicholson. Pratt, Voetberg. Nays-None. Re9lJlar Session, October 1, 1990 RESOLUTION NO. 405-90 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 29th day of August, 1990. plans, specifications. form of con- tract and estimated cost were filed with the City Clerk of Duhuque. Iowa for the City Hall Bell Tower Restoration. Whereas, notice of hearing on plans, specifications. form of contract, and estimated cost was published as required 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, specifications, form of contract and estimated cost for said im- provements for said project. Passed, approved and adopted this 1st day of October, 1990. James E. Brady Mayor Attest, Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow. ing vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Proof of Publication, certified to by the Publisher. on Notice to Bidders of the Receipt of Bids for project and com- munication of City Manager requesting Council to review the bid received for this project and make a determination as to whether the City should participate in pr0- viding the additional funding for this pro- ject of $11.696.00 up to $16,474,00 or less, (dependent upon amount of contributions received), presented and read. Council Member Pratt moved that the proof and communication be received and filed and resolved to contribute up to $16,474.00 to complete the project. Seconded by Coun- cil Member Voetberg. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich, Kluesner. Nichol- son. Pratt. Voetberg. Nays-None. RESOLUTION NO. 406-90 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Restora- 518 tion of City Hall Bell Tower pursuant to Resolution No. 381-90 and notice to bid- ders published in a newspaper published in the City of Dubuque. Iowa on the 7th day of September. 1990. Whereas, said sealed proposals were opened and read on the 20th day of Sep- tember, 1990 and it has been determined that the bid of Comon Construction Com- pany of Dubuque, Iowa in the amount of $32,930.00 was the lowest bid for the fur- niahings of all labor and materials and per. forming the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, That the contract for the above im- provement be awarded to Comon Con- struction Company and the Manager be and is hereby directed to execute a con. tract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED, That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful hidder. Passed, approved and adopted this 1st day of October, 1990. Attest, Mary A. Davis City Clerk James E. Brady Mayor Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote, Yeas~Mayor Brady, Council Members Deich. Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of publication. certified to by the Publisher, on Notice of Hearing on Plans and Specifications for the Washroom! Locker Room!Breakroom Rehabilitation of Keyline Transit Garage; proof of publication, certified to by the Publisher, on Notice to Bidders on the Receipt of Bids for project and communication of City Manager recommending to reject bid received for this project, presented and read. Council Member Kluesner moved that the proofs and communication be re- ceived and filed. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich. Kluesner, Nicholson, Pratt, Voetberg. Nays~None. 519 Regular Session, October 1, 1990 RESOLUTION NO, 407-90 RESOLUTION REJECTING BID FOR REHABILITATION OF THE W ASHROOMILOCKER ROOM/BREAK ROOM AT THE KEYLINE TRANSIT GARAGE FACILITY Whereas. the City Council initiated the bidding process for the rehabilitation of the WasbroomlLocker RoomIBreak Room at the Keyline Transit Garage Facility on September 7, 1990; and Whereas, only one bid was received on this project on September 20, 1990; and Whereas, the estimated cost of con- struction of the project was $35,000.00 and the single bid received for the project was $58,700.00; and Whereas, this project was to be funded with 80% UMTA Funds and 20% Local Funds; and Whereas. UMTA requires the City on the receipt of only one bid to submit justification to their office justifying the award of the contract to an individual bid- der and to demonatrate that the bid is a competitive bid; and Whereas, the bid does substaotially ex- ceed the estimated cost of this project and substantiation of the competitiveness is not possible; and Whereas, in the bid documents par- ticipation of Disadvantaged Business Enterprises was suggested; and Wberess, although the bidder made con- tact with DBEs there was commitment of participation of a DBE in this project; and Whereas. it appears that a more com- petitive bidding environment may exist after January 1. 1991. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWk Section 1. That the bid received for this rehabilitation project on September 20, 1990 be rejected, Section 2- That a review be made of the plans and specifications and bids be solicited after January I. 1991. Passed, approved and adopted this 1st day of October, 1990, James E. Brady Mayor Attest, Mary A. Davis City Clerk '"' '" " Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt, Carried by the follow- ing vote, Yeas-Mayor Brady, Conncil Members Deich, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to consider reclassifying property west of Sylvan Drive and south of Pennsylvania Ave. from R-I to R-4 District. presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Membe, Voetberg moved that the proof of publica- tion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich, Kluesne" Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Zouing Or- dinance by reclassifying property located West of Sylvan Drive and South of Penn- sylvania Avenue from R-I Single-Family Residential District to R-4 Multi-Family Residential District, said Ordinance hav- ing been presented and read at the Coun- cil Meeting of September 17. presented for final action. Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote, Yeas- Mayor Brady, Council Members Deich, Kluesner, Nicholson. Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO, 77-90 AN ORDINANCE OF THE CITY OF DUBUQUE, lOW A PRO- VIDING THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA. BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF SYLVAN DRIVE AND SOUTH OF PENNSYLVANIA AVENUE FROM R-I SINGLE- FAMILY RESIDENTIAL DlS- TRlCTTOR-4 MULTI-FAMILY RESIDENTIAL DISTRICT. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. The Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof. also known Regular Session, October 1, 1990 520 as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from R-I Single- Family Residential, to R-4 Multi-Family Residential District, to wit, Lot 1 of I of the Northwest Quarter of the Northeast Quarter, Section 28, Township 89 North Range 2 East of the 5th PM in the City of Dubuque, and extending to the center line of abutting public right-of-way. Section 2. That the foregoing amend- ment has heretofore been approved by tbe Zoning Commission of the City of Du- buque, Iowa. Passed, approved and adopted this 1st day of October, 1990. James E. Brady May", Attest, Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day of October, 1990. Mary A. Davis City Clerk It 10/5 Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to consider reclassifying property located at 601 Garfield avenue from R-2A to R-3 Diatrict, presented and read. There were no written objectiona received and no oral objectors present at the time of Hearing. Council Member Voetberg moved that tbe proof of publication be received and filed. Seconded by Council Member Pratt, Car- ried by the following vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Zoning Or- dinance by reclassifying property located at 601 Garfield from R-2A Alternate Two- Family Residential District to R-3 Moderate Density Multi-Family Residen- tial District, said Ordinance having been presented and read at the Council Meeting of September 17th, presented for final ac- tion, Council Member Voetberg moved final adoption of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 78-90 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF OR- DINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE. BY RECLASSIFYING HEREIN- AFTER DESCRIBED PROPER- TY LOCATED AT 601 GAR- FIELD FROM R-2A ALTER- NATE TWO-FAMILY RESI- DENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DIS- TRICT. NOW THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section I. The Code of Ordinances of the City of Dubuqne, Iowa, be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from R-2A Alternate Two-Family Residential District to R-3 Moderate Denaity Multi-Family, to wit, Lot I in Cook's Addition and ex- tending to the center line of abut- ting right-of-way, all in the City of Dubuque, Iowa. Section 2- That the foregoing amend- ment has heretofore been approved by the Zoning Commission of the City of Du- buqne, Iowa. Passed, approved and adopted this 1st day of October, 1990. James E. Brady Mayor Attest, Mary A. Davis City Clerk Published officially in the Telegraph Herald this 5th day of October, 1990, Mary A. Davis City Clerk It 10/5 Communication of City Manager recom- mending to sell Lot 4 in Quigley Subdivi- sion to Arnold and Leonard Gartner, presented and read, Council Member Kluesner moved that the communication be received and filed. Seconded by Coun- cil Member Deich. Carried by the follow- ing vote, Yeas-Mayor Brady, Council Members Deich. Klnesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO- 408-90 RESOLUTION OF INTENT TO ,.' ------------~._---,--,--, ,.- 521 Regular Session, October 1, 1990 DISPOSE OF INTEREST IN WT 4 IN QUIGLEY SUBDIVI. SION OF OUT LOT 712 TO ARNOLD GARTNER AND LEONARD GARTNER, EXE- CUTORS OF THE ESTATE OF RUTH SCHILTZ Whereas. the City of Dubuque and ac. quired Lot 4 in Quigley Subdiviaion of Out Lot 712 in January of 1931; and Whereas, the adjacent property owners Arnold Gartner. Leonsrd Gartner, ex- ecutors of the estate of Ruth Schiltz are desirous of acquiring this parcel of property, NOW THEREFORE. BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. That the City of Dubuque. Iowa intends to dispose of its interest in Lot 4 in Quigley Subdivision of Out Lot 712 to Arnold Gartner and Leonard Gart. ner, executors of tbe estate of Ruth Schiltz, Section 2. That the conveyance of the City's interest shall be for the sum of $500.00 together with publication and fil. ing fees. Sectinn 3. That the City Clerk be and ia bereby anthorized and directed to cause a notice to be published as prescribed under Section 364,7 Disposal of Proper- ty, Code of Iowa, 1989 or as amended, Passed. approved and adopted this 1st day of October. 1990. James E, Brady Mayor Attest, Mary A. Davis City Clerk Council Member Member Kluesner moved adoption of the Resolution and fur- ther moved that it be set for Public Hear- ing on October 15, 1990 at 7:30 p,m. in the Public Library Auditorium and that the City Clerk publish notice in tbe man. ner prescribed by law. Seconded by Coun- cil Member Deich, Carried by the follow- ing vote, Yeas-Mayor Brady. Council Members Deich. Kluesner. Nicholson. Pratt. Voetberg. Nays-None, Communication of City Manager re- questing Council approval for a change order. in the amount of $169.846. to the Flora Pool conatruction contract, to allow for construction of a second water slide. presented and read. Council Member Voetberg moved that the communication be received and filed and approved request. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich. Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of 34 residents of Wood Street requesting the installation of additional street lights in the area on Wood Street between University Avenue and Loras Boulevard, presented and read. Council Member Voetberg moved that the petition be received and filed and referred to the City Manager. Seconded by Council Mem- ber Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None, Petition of Ken Bohnsack, on behalf of Sovereignty, requesting to address the Council to present a proposal that would allow tax-supported bodies to be able to borrow money interest free to build capital projects and also to payoff existing debt and requesting Council to adopt the ap- propriate resolution, presented and read. Mr, Bohnsack spoke to the petition re- questing endorsement of the proposal. Council Member Pratt moved that the petition be received and filed. Seconded by Council Member Nicholson, Vote on the motion was as follow", Yeas-Mayor Brady. Council Members Deich. Nichol- son. Nays-Council Members Kluesner, Pratt. Voetberg, MOTION FAILED. Communication of City Manager pro- viding status report on McFadden proper- ty acquisition and requesting further direction. presented and read. Council Member Kluesner moved that the com. munication be received and filed. Second- ed by Council Member Voetberg. Coun. cil Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady. Council Mem. bers Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Verbal request of Council Member Pratt requesting a stop sign be placed at the in- tersection of Foye and Lowell Streets with treffic to stop east and west on Lowell St., presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson. Pratt, Voetberg. Nays-None. Communication of City Manager recom. mending approval of petition of residents Regular Session, October 1, 1990 522 of Cox street to remove parking on tha east side of Cox Street. between Loras Blvd. and Chestnut St" and communica. tion of James R. Mai objecting to pro- posed prohibition of parking on the east side of Cox Street from Loras Boulevard to Chestnut Street. presented and read. Council Member Kluesner moved that tbe communications be received and filed. Seconded by Council Member Pratt. Car. ried by the following vote, Yeas-Mayor Brady. Council Membera Deich. Kluesner, Nicholson. Pratt, Voetberg, Nays-None. An Ordinance Amending Code of Or. dinances by adding Cox Street to subsec. tion (d) of Section 32.262 thereof providing for the prohibiting of parking on the East side of Cox Street. from Loras Boulevard to Chestnut Street, presented and read. Council Member Kluesner moved that this be conaidered the first reading of the Ordinance and that the requirement that an Ordinance be considered and voted on for pasaage 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. Second. ed by Council Member Pratt, Carried by tbe following vote' Y eas- Mayor Brady. Council Members Deich, Kluesner. Nicholson. Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 79-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING COX STREET TO SUBSECTION (d) OF SECTION 32.262 THEREOF PROVIDING FOR THE PRO- HIBITING OF PARKING ON THE EAST SIDE OF COX STREET, FROM LORAS BOULEVARD TO CHESTNUT STREET NOW THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A, Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by deleting Cox Street from Sobeection (d) of Section 32-262 thereof as follows, "See. 32.262. Prohibited on Designated Streets or Portinns Thereof. (d) No'parking.at.any-time zones designated Cox Street, west side, from KIrkwood Street to Loras Boulevard," Section 2, That the Code of Ordinances of the City of Dubuque. Iowa be amend- ed by adding Cox Street to Subsection (d) of Section 32.262 thereof as follow", "See. 32.262. Prolúbited on Designated Stroots or Portiona Thereof. (d) No'parking.at.any-time zones designated Cox Street. west side. from KIrkwood Street to Loras Boulevard; east side from Loras Boulevard to Chestnut Street." Passed, approved and adopted this 1st day of October, 1990. James E. Brady Mayor Attest, Mary A. Davis City Clerk Published officially in the Telegraph Herald this 5th day of October, 1990. Mary A. Davis City Clerk It 10/5 Communication of City Manager recom- mendng approval of petition of Steven Lampe to construct a wrought iron stair. way and landing overhanging the public right-of.way of 9th Street. to service the building at 900 Central Avenue, presented and read, Council Member Voetberg moved that the communication be re- ceived and filed. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady. Council Mem. bers Deich, Kluesner. Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Authorizing MarDe to construct stairway and landing, presented and read. Council Member Voetberg mov- ed that this be considered the first reading of the Ordinance and that the requirement that an Ordinance be considered and voted on for passage at two Council Meetings prior to tbe meeting at which it is to be finally adopted be suspended and further moved final adoption of the Or- dinance, Seconded by Council Member Pratt, Carried by the following vote, Yeas-Mayor Brady. Council Members Deich, Kluesner, Nicholson. Pratt, Voetberg. Nays-None, (OFFICIAL PUBLICATION) ORDINANCE NO. 8ß.90 AN ORDINANCE AUTHORIZ- ING MarDe TO CONSTRUCT STAIRWAY AND LANDING. 523 Regular Session, October 1, 1990 NOW THEREFORE. BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA Section I. That MarDe as owners of the premises known as 900 Central, Dubuqua. Iowa, and legally described as City lot 278 be and tbey are hereby granted the revocable permit and autbority to con. struct and maintain stairway and landing under the terms and conditions set forth in this Ordinance, Section 2. That such construction ahall be done in accordance with plans bere- tofore submitted by permittees and ap- proved by the City Manager. under tbe supervision and direction of tbe City Manager. and in accordance with all ap' ri~~~a:;:e~=~~; :: ~~i I Dubuque. Section 3, That the permiasion herein granted is expressly conditioned on per' mittees' agreement to, la) Assume any and all liability for damages to peraons or property which may result from the existence. location. installation. conatrnction or maintenance of said stairway and landing. Ib) Pay on behalf of tbe City of Du. buque, all sums which the City of Du. buque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location. installation. existence, construction or maintenance of said stairway and landing sustained by any person or peraons. caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location. installation. existenœ, con- strnction or maintenance of stairway and landing and to pay reasonsble attorney fees therefore; and Ie) Indemnify. defend and hnld the City of Dubuque free and harmless from any and all claims, loss. liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location. in. stallation. construction. maintenance and repair of tbe facility. work or improvement permitted herein, Section 4. That the permiasion herein granted is expressly nonditioned upon per- mittees' further agreement that ahould the right and privilege herein granted be readnded or revoked by the City Council. permittees. or their successors in interest, as owners of the abutting property, shall within ten 110) days after receipt of writ. ten notice from the City Manager, so to do. at their own expense. removed said stairway and landing and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said stair- way and landing at permittees' expense and dispose of the same, and the permit. tee shall have no claim against the City or its agents for damages resulting from the removal of said stairway and landing. Section 5. That permittees convenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construc- tion, repsir or maintenance of said facili. ty and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death. per- son! injuries and/or property damage against the permittees arising out of or in any way connected with the location. in- stallation. construction. deaign, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to MarDe when this Ordinance has been adopted by the City Counci1 and the terms and conditions tbereof accepted by per- mittees by acceptance endorsed on this ordinance. Section 7. That the City Clerk be and sbe is authorised and directed to file at permittees' expense a copy of this Or- dinance in the office of the Recorder in and for Dubuque County, Iowa, Passed. approved and adopted this 1st day of October, 1990. James E. Brady Mayor Attest, Mary A, Davis City Clerk ACCEPTANCE OF ORDINANCE NO, 80-90 The undersigned having read and being famIliar with the terms and conditions of Ordinance No. 80-90 hereby, for them- selves. their successors or assigns. as owners of tbe abutting property, accept tbe same and agree to be bound by the conditions and agreements therein con. tained to be performed by permittees. Steve M, Lampe, partner Date' 9-7.90 Re.!l.ular Session, October 1, 1990 524 Published officially in the Telegmph Herold newspaper this 5th day of October. 1990. Mary A. Davis City Clerk It 10/5 Main Entrance and Stairwell from 1st to 2nd Floor in City Hall. ITabled from meeting of 9-17-90), Communication of City Mansger recormnending to delay pro- ject at this time, presented and read. Council Member Pratt moved that tbe communication be received and filed and approved delay, Seconded by Council Member Voetberg, Carried by the follow. ing vote, Yeas-Mayor Brady. Council Members Deich, Kluesner. Nicholson, Pratt. Voetberg, Nays-None. Communication of City Manager sub- mitting finalized Fiscal Year 1992 Budget Policy Guidelines for Council discussion and adoption, presented and read. Mayor Brady moved that the guidelines be modified to remove Item #10. Seconded by Council Member Nicholson. Vote on the motion was as follows: Y eas- Mayor Brady. Council Members Deich. Nichol. son. Nays-Council Members Voetberg. Kluesner. Pratt. MOTION FAILED. Council Member Pratt moved that the communication be received and filed and approved gnidelines, Seconded by Coun. cil Member Voetberg. Carried by the following vote, Yeas-Mayor Brady. Council Membera Deich, Kluesner. Nichol. son, Pratt. Voetberg. Nays-None, RESOLUTION NO, 409-90 NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA, That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Du- buque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Wayne J./Carol A. Kramer, The Clubhouse 2364 Washington St. Stanley Woodman (My-Capl. Central Tap 1046 Central Ave. Passed. approved and adopted this 1st day of October, 1990. James E. Brady Mayor Attest, Mary A. Davis City Clerk ~-- -- Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the following vote, Yeas-Mayor Brady. Council Mem- bers Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 410-90 WHEREAS, Applications for Beer Per- mits 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 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 the following named applicants a Beer Permit. CLASS "B" BEER PERMIT West Side Athletic Club of Dubuque, Inc.. 1755 Radford Road, (also Sunday Sales) CLASS "C" BEER PERMIT Transport Sales, KWIK Stop Food Mar~ 1075 Dodge St. (also Sunday Sales) CLASS "BE" BEER PERMIT Eagle Food Centers, Inc. #109 200 S, Locust St. (also Sunday Sales) Eagle Food Centers, Inc. #130 1800 Ehn St. (also Sunday Sales) Eagle Food Centers, Inc, #320 2050 John F. Kennedy lalso Sunday Sales) ,^ Passed, approved and adopted this 1st day of October. 1990. James E, Brady Mayor Attest, Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution, Seconded by Coun- cil Member Pratt, Carried by the follow- ing vote, Yeas-Mayor Brady, Council Members Deich. Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 411.90 Wbereas, applications for Liquor Li. censes have been submitted to this Coun. cil for approval and tbe same have been 525 Regular Session, October 1, 1990 examined and approved; and Whereas. the premiaes to be occupied by such applicants were inapected and found to comply with the State Law and all City Ordinances relevant tbereto 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 the following named ap- plicants a Liquor License. CLASS "C" ¡COMMERCIAL) BEER AND LIQUOR LICENSE Mary Demmer. Bodine's 1445 Central Ave. ¡also Sunday Sales) Elaine Kelly. Coach House Highway 20 West The Ground Round, Inc, Tbe Ground Round 50 J, F. Kennedy Rd. ¡alao Sunday Sales) Fernando Mexican Restaurant. Inc. 660 Iowa St. CLASS "E" LIQUOR LICENSE Sid's Beverage Store. Inc, 2727 Dodge St. Passed, approved and adopted this 1st day of October, 1990. James E. Brady Mayor Attest' Mary A. Davis City Clerk Council Member Kluesner moved adoption of tbe Resolution, Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich. Kluesner. Nicholaon, Pratt. Voetberg, Nays-None. MINUTES SUBMITTED - Airport Commission of 9-11; Electrical Code Board of 9-17; Five Flags Commiasion of 9.17; Historic Preservation Commission of 9-12; Human Rights Commiasion of 8-13. presented and read, Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Brady. Council Members Deich. Klueaner, Nicholson. Pratt. Voetberg. Nays-None, NOTICES OF CLAIMSISUITS - John Ellis in unknown amount for damages to vehicle; Daniel Rudowski in amount of between $200.00 and $300.00 for damages to car: Lynda Schultz in unknown amount for property damages; Leona Stschura in unknown amount for personal injuries, presented and read. Counci1Member Voetberg moved that the claims and auits be referred to the Legal Staff for investigation and report. Second. ed by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich. Kluesner Nicholson. Pratt, Voetberg. Nays-None: Petition of property owners on the East side of Rockdale Road from Corner to Fox Drive to 1040 Rockdale Road objecting to petition for sidewalk program that will terminate at the dangerous intersection of Rockdale Road and Highway 61 and 151. presented and read. Council Member Voetberg moved that the petition be refer- red to the City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich. Kluesner, Nicholson. Pratt. Voetberg. Nays-None. Petition of Donovan F, Ward. M,D. ob- jecting to installation of sidewalk on his property located at 1160 Rockdale Road and other properties in this area, pre- sented and read. Council Member Voet. berg moved that the petition be referred to the City Manger, Seconded by Coun- cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson. Pratt. Voetberg. Nays-None. Petition of Dubuque County Board of Supervisors submitting "Petition for auspension or Remission of Taxes on Ac. count of Age or Infirmity" for city resi- dent and requesting Council approval, presented and read. Council Member Voetberg moved that they approve the tax suspension. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Mem. bers Deich. Kluesner. Nicholson. Pratt. Voetberg. Nays-None. REFUNDS REQUESTED - Elks Lodge #297 in amount of $422.50; New French Cafe, Inc.. in amount of $211.25 AND the Clubhouse, in amount of $422.50 on unexpired Liquor Licenses. presented and read. Council Member Voetberg moved that the refund be approved and Finance Director to isaue proper check. Seconded by Counci1 Member Pratt. Car. ried by the following vote, Yeas-Mayor Brady. Counci1 Membera Deich, Kluesner. Nicholson. Pratt, Voetberg. Nays-None. Petition of Attorney Francis Wm. Henkels, on behalf of Ruth Pfiffner and Re.!lular Session, October 1, 1991 526 Peter Ross. requesting vacation of a sec. tion of Blake Street, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Pratt. Car- ried by the following vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg, Nays-None. Communication of City Manager recom- mending acceptance for the Rehabilitation o!the West Third Street Water Reservoir, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Coun. cil Member Pratt. Carried by the follow- ing vote' Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 412-90 ACCEPTING IMPROVEMENT Whereas, the contract for Rehabilitation of 7.5 MMG Water Reservoir on West Third Street has been completed and the City's consultant, Brice, Petrides- Donohue, has recommended acceptance of the project. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. Tbat the reconnnendation of the City Manager and Brice. Petrides- Donohue be approved and that said im. provement be accepted. Passed. approved and adopted this 1st day of October. 1990. James E. Brady Mayor Attest, Mary A. Davis City Clerk Council Membec Voetberg moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 413-90 FINAL ESTIMATE Whereas, the contract for Rehabilitation of the 7,5 MMG Water Reservoir on West Third Street has been completed and the City's consultant has submitted the final estimate showing the cost thereof. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA, Section 1. That the cost of said improve- ment ia hereby determined to be $215,214. Sectioo 2. That the final payment of $10.761 be paid to Comon Construction Company from funds in the Watec Divi- sion's FY90 CIP Budget. Passed, approved and adopted this 1st day of October, 1990. James E. Brady Mayor Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None, Communication of City Manager re- questing Mayor be authorized to sign Amendment #4 to the Statement of In. tent submitted to HUD, presented and read. Council Member Voetberg moved that the communication be received and filed Seconded by Council Member Pratt. Carried by the following vote, Yeas- Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 414-90 A RESOLUTION AUTHORIZ- ING THE EXECUTION OF AMENDMENT #4 TO A COM- MUNITY DEVELOPMENT BLOCK GRANT STATEMENT OF INTENT SUBMITTED TO THE DEPARTMENT OF HOUS- ING AND URBAN DEVELOP- MENT FOR CALENDAR YEAR 1990. Whereas, under provisions of Title I of Housing and Community Development Act of 1974. as amended. the City of Dubuque prepared and submitted a Statement of Intent on December I, 1989, and Amend- ment #1 on March 19, 1990, Amendment #2 on April 16, 1990 and Amendment #3 on July 16. 1990 for a Community Devel- opment Block Grant: and Whereas, the aubmissions have been ap- proved by the Department of Housing and Urban Development in the amount of $3,118,000 for a twelve-month program commencing January I, 1990; and NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, 527 Regular Session, October 1, 1990 Section 1. That the Statement of In. tent. submitted to the U.S, Department of Housing and Urban Development on December 1, 1989. and Amendment #1 on March 19.1990. Amendment #2 on April 16,1990 and Amendment #3 on July 16. 1990 for a Community Development Block Grant to the City of Dubuque be amended to reflect the cost of $100,000 for infrastructure removal and replace- ment associated with the Clarion Hotel project. and the Mayor of the City of Dubuque be hereby authorized and directed to execute the necessary documentation on behalf of tbe City of Dubuque. Section 2, That the City Manager be and he is hereby authorised and directed to submit Amendment #4 to the Com. munity Development Block Grant State. ment of Intent to the U,S, Department of Housing and Urban Development and other appropriate agencies. Passed, approved and adopted this 1st day of October. 1990, James E. Brady Mayor Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt, Carried by the follow. ing vote, Yeas-Mayor Brady. Council Members Deich. Kluesner. Nicholson. Pratt. Voetberg, Nays-None. Communications of Corporation Counsel recommending settlement of car damage claim of Mark A, KIefer in the amount of $15,75 and car damage claim of Wayne Bonnett in the amount of $265,40. presented and read, Council Member Voetberg moved that tbe set. tlements be approved and Finance Direc. tor to iasue proper checks. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady. Council Members Deich. Kluesner. Nicholson, Pratt. Voetberg. Nays-None. Communications of Corporation Counsel recommending demal andlor ad. ministrative closure of car damage claim of James Abitz; property damage claim of Thomas Bardon; peraonal injury claim of Ramona Hauptman; personal injury claim of Mrs. Mae Noel; personal injury claim of Dale E, Schroeder; personal in. jury claim of Betty Vanderloo. presented and read. Council Member Voetberg moved that the communications be re- ceived and filed and recommendations ap- proved. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich. Kluesner, Nicholson. Pratt, Voetberg. Nays-None, Communication of City Manager sub- mitting a brief summary of a public input meeting conducted by the Manager on the Fiscal Year 1992 City budget. presented and read. Council Member Voetberg moved that the communication be reo ceived and filed. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Mem. bers Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. There being no further business, Coun- cil Member Kluesner moved to adjourn the meeting. Seconded by Council Mem. ber Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich, Kluesner. Nicholson, Pratt, Voetberg. Nays-None. Meeting adjourned at 10,19 p.m. Mary A. Davis City Clerk Council MemberS Special Session, October 8, 1990 528 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, October 8, 1990. Council met at 7,00 p.m.. Public Library Auditorium. Present' Mayor Brady, Council Mem- bers Deich, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this session is called for the purpose TO CONDUCT INTERVIEWS AND THEN MAKE APPOINTMENT TO FILL THE VACANCY FOR THE POSITION OF COUNCIL MEMBER REPRESENT- ING THE FIRST WARD. Proof of publication, certified to by the Publisher, on Notice of meeting to make appointment to fill the vacancy of Coun- cil Member representing the First Ward, due to resignation of James M. Heck. mann, presented and read. Council Mem. ber Voetberg moved that the proofs be received and filed. Seconded by Council Member Kluesner. Carried by the follow. ing vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communications of Attorney David W. Leifker, dated September 7, 1990 and Oc- tober I, 1990, being of opinion Mrs. Katie Krieg should not be appointed to Council due to possibility of conflicts, presented and read. Council Member Voetberg moved that the communications be re- ceived and filed. Seconded by Council Member Kluesner. Carried by the follow- ing vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Interviews were conducted with can. didates Mr. Ted Schueller of 2815 Potosi Drive and Mrs. Katie Krieg of 195 Fre- mont Ave. Vote upon the appointment was made, Mayor Brady voted for Krieg; Council Member Deich voted for Krieg; Council Member Kluesner voted for Krieg; Coun- cil Member Nicholson voted for Schueller; Council Member Pratt voted for Krieg; Council Member Voetberg voted for Krieg. Council Member Pratt then moved that Mrs. Krieg be appointed unanimously to fill the vacant first ward position which term will expire November 5, 1991. Seconded by Council Member Kluesner. Carried by the following vote, Yeas- Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. There being no further business, Coun- cil Member Nicholson moved to adjourn the meeting. Seconded by Council Mem- ber Pratt. Carried by the following vote, Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Meeting ad- journed at 7,40 p.m. Mary A. Davis City Clerk Council Members Attest, ¿:¡~ ~erk 529 Board of Health, October 15, 1990 Attest, æ ð~ ~re~ DUBUQUE BOARD OF HEAL TH OFFICIAL PROCEEDINGS Quarterly Board of Health Meeting. October 15, 1990. Board met at 7,25 p.m.. Public Library Auditorium. Present, Board Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Absent, Chairperson Brady. Chairperson Pro- Tern Kluesner read the call and stated this is the QUARTERLY MEETING OF THE BOARD OF HEALTH called for the purpose to act upon such business which may properly come before the Board. There was no business to come before the Board at this time. Board Member Voetberg moved to adjourn the meeting. Seconded by Board Member Pratt, Car. ried by the following vote, Yeas- Chairperson Pro-Tern Kluesner, Board Members Deich. Krieg, Nicholson. Pratt, Voetberg. Nays-None, Mary A. Davis Secretary, Board of Health S- Regular Session, October 15, 1990 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, October 15, 1990. Council met at 7,30 p.m. Public Library Auditorium. Present, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Invocation was given by Colin Wheatley, Bishop's Counselor of the Church of Jesus Christ of Latter Day Saints. PROCLAMATIONS - Week of November 5-9 as "Radiologic Technology Week" received by Lori Riegler. Mayor Pro-Tern Kluesner swore in Kathryn Krieg in as newly appointed Council Member for the First Ward. Council Member Voetberg moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich. Krieg. Nicholson, Pratt, Voetberg. Nays-None, Absent-Mayor Brady. Proof of Publication, certified to by the Pnblisher, on Notice of Public Hearing to consider disposing of City's interest in Lot 4 in Qnigley Subdivision of Out Lot 712, presented and read. Council Member Voetberg moved that the proof of publica. tion be received and filed. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. Attorney Tom McKay, spoke on behalf of his clients, Arnold & Leonard Gartner, RESOLUTION NO. 415.90 Whereas, pursuant to resolution and published notice of time and place of hear- ing, published in the Telegraph Herald. a 530 newspaper of general circu1ation published in the City of Dnbuque, Iowa on the 5th day of October, 1990, the City Council of the City of Dubuque. Iowa met on the 15th day of October, 1990, at 7,30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque. Dubuque ('ounty, Iowa to consider the proposal for the sale of real estate described a" Lot 4 in Quigley Subdivision of Out Lot 712 in the City of Dubuque, Iowa to Arnold Gartner and Leonard Gartner, executors of the estate of Ruth Schiltz, deceased; and Whereas, the City Council of the City of Dubuque. Iowa overruled any and all objections, oral or written. to the proposal to dispose of interest of the City of Du- buque. Iowa in the hereinabove described real estate to Arnold Gartner and Leonard Gartner, execntors of the estate of Ruth Schiltz deceased. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section I, That the disposal of the in- terest of the City of Dubuque, Dubnque County, Iowa in real property described as Lot 4 in Quigley Subdivision of Out Lot 712 be and the same is hereby approved for the sum of $500.00 plus cost of publication, platting and filing fees; con. veyance shall be by Qnit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Qnit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantees 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, Du- buqne County Recorder and the Dubuque County Treasurer. Passed. approved and adopted this 15th day of October, 1990. Loras J. Kluesner Mayor Pro-Tern Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution, Seconded by Coun. cil Member Pratt. Carried by the follow- ingvote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent- Mayor Brady. ,,- ". 531 Regular Session, October 15, 1990 Communication of Zoning Commiasion advising of their approval to reclassify property at 602 Peru Road. presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote, Yeas- Mayor Pro-Tern Kluesner, Council Mem. bers Deich. Krieg. Nicholson, Pratt. Voetberg, Nays-None. Absent-Mayor Brady. An Ordinance Amending Zoning Or- dinance by reclassifying property at 602 Peru Road from R-l Single-Family Resi. dential District and R.3 Moderate Densi. ty Multi-Family Residential Diatrict to LI Light Industrial District, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con. sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and furtber moved that a Public Hearing be held on tbe Proposed Ordinance on the 5th day of November. 1990 at 7,30 p,m. in the Public library Auditorium and that the City Clerk publish notice in the moaner prescribed by law, Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro-Tem Kluesner. CoQ11cil Members Deich, Krieg. Nicholson. Pratt. Voetberg, Nays-None. Absent-Mayor Brady, Communication of Zoning Commiasion approving the rezoning request to re- classify property located at the intersec. tion of University Avenue and Delhi Street from R.2 to OS District, presented and read. Council Member Voetberg moved that the communication be re- ceived and filed. Seconded by Council Mernber Nicholson. Carried by the follow. ing vote: Yeas-Mayor Pro-Tem Kluesner, Council Members Deich. Krieg, Nichrùson, Pratt, Voetberg. Nays-None. Absent- Mayor Brady. An ORDINANCE Amending Zoning Ordinance by reclassifying property located near the corner of University Avenue and Delhi Street from R.2 Two- Family Residential District to OS Office Service District. presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance. and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Proposed Ordinance on the 5th day of November, 1990 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 Nicholson. Carried by the follow- ingvote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None, Absent- Mayor Brady. Communication of Zoning Commission advising of their approval to amend the PI Plaaned Industrial District Ordinance for Phase II of Dubuque Industrial Center, presented and read. Council Member Voetberg moved that the com. munication be received and filed. Second- ed by Council Member Nicholson. Carried by the following vote, Y eas- Mayor Pro- Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None, Absent-Mayor Brady. An ORDINANCE Providing for the amendment of Ordinance No. 6.89 which Ordinance established Dubuque In- dustrial Center Phase II PI Planned In- dustrial District, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Proposed Ordinance on the 5th day of November, 1990 and that the City Clerk publish notice in the manner prescribed by isw. Seconded by Council Member Nicholson. Carried by the follow. ingvote, Yeas-Mayor Pro-Tern Kluesner, Counci1 Members Deich, Krieg, Nicholson, Pratt. Voetberg, Nays-None. Absent- Mayor Brady, Communication of City Manager recom- mending vacating a portion of Blake Street from Kirkwood Street to its southerly terminus as requested by Peter Ross and Ruth pfiffner, presented and read, Council Member Voetberg that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote, Yeas-Mayor Pro-Tern Kluesner. Council Members Deich, Krieg. Nicholson, Pratt. Voetberg. Nays-None, Absent-Mayor Brady, RESOLUTION NO. 416-90 RESOLUTION APPROVING PLAT OF PROPOSED VA- CATED PORTION OF BLAKE STREET FROM KIRKWOOD STREET TO IT'S SOUTHERLY TERMINUS Regular Session, October 15, 1990 532 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa. a plat dated August 9, 1990, prepared by IIW Associates, P.C.. Du- buque, Iowa, describing the proposed vacated portion of Blake Street from Kirkwood Street to it's southerly ter- minus; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section L That the plat dated August 9, 1990 prepared by IIW Associates, P.C" relative to the real estate hereinabove described be and the same is hereby ap- proved, 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 Resolu- tion in the Office of the Recorder, in and for Dubuque County, Iowa, Passed, approved and adopted this 15th day of October, 1990, Loras J. Kluesner Mayor Pro-Tern Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by the follow- ing vote, Yeas-Mayor Pro- Tern Kluesner, Council Members Krieg, Nicholson, Pratt, Voetberg. Nays-Council Member Deich. Absent-Mayor Brady. An ORDINANCE Vacating a portion of Blake Street from KIrkwood Street to it's southerly terminus to be known as Lot 72A, 72B and 72C of Wood's Addition. presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Or. dinance 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 Hearing be held on the Pro- posed Ordinance on the 5th day of November at 7,30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the moaner prescribed by law. Seconded by Council Member Pratt. Vote on the motion was as follows: Yeas-Mayor Pro-Tern Klues. ner, Council Members Krieg, Nicholson. ,...,." Pratt, V oetberg. Nays-Council Member Deich. Absent-Mayor Brady. Motion Failed due to lack of % Vote. Council Member Voetberg moved that this be considered the first reading only of the Ordinance and that it be set for Public Hearing on November 5, 1990 at 7,30 p.m. in the Public Library Auditor- ium and that the City Clerk publish notice in the moaner prescribed by law. Second. ed by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro- Tem Kluesner. Council Members Krieg, Nichol- son, Pratt. Voetberg. Nays-Council Member Deich. Absent-Mayor Brady. RESOLUTION NO, 417.90 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 72A, 72B. AND 72C OF WOOD'S AD- DITION IN THE CITY OF DUBUQUE. IOWA Whereas, Ruth Pfiffner and Peter Ross have requested the vacating of a portion of Blake Street from KIrkwood Street to it's southerly terminus; and Whereas. IIW Associates, P.C., Du- buque. Iowa has prepared and submitted to the City Council a plat showing the vacated portion of Blake Street and assigned lot numbers thereof, which bereinafter ahall be known and described as Lot 72A. 72B, and 72C of Wood's Ad- dition in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque. Iowa has determined that this portion of Blake Street is no longer required for public use, and vacating and sale of said portion of Blake Street known as Lot 72A, 72B, and 72C of Wood's Ad. dition in the City of Dubuque, Dubuque County, Iowa should be approved. .' I" ,b" NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section L That the City of Dubuque in. tends to dispoae of its interest in Lot 72A, 72B. and 72C of Wood's Addition in the City of Dubuque. Iowa. Section 2. That the conveyance of Lot 72A of Wood's Addition in the City of Dubuque. Iowa to Peter M, and Sarah A. Ross, Lot 72B of Wood's Addition in the City of Dubuque, Iowa to Loras College, and Lot 72C of Wood's Addition in the City of Dubuque. Iowa to Ruth pfiffner be contingent upon the payment of $1.140.00, plus platting. publication and fi1ing fees. Nicholson, Pratt, Voetberg. Nays-None, Absent-Mayor Brady. RESOLUTION NO, 419-90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Nicholson. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner. Council Members Deich, Krieg. Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. 533 Regular Session, October 15, 1990 Regular Session, October 15, 1990 534 Section 3. That the City Clerk be and is bereby authorized and directed to cause and notice of intent to dispose of said real estate in the manner as preacribed by law. Passed, approved and adopted thia 15th day of October, 1990. Loras J. Kluesner Mayor Pro-Tem Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by the follow. ingvoœ Yeas-Mayor Pro-Tem Kluesner. Council Membera Krieg, Nicholson. Pratt, Voetberg. Nays-Council Member Deich, Absent-Mayor Brady. Communication of City Manager sub- mitting documents providing for tbe bid. ding proœss for the installation/construc. tion of the floating pier and acceSS ramp at the Ice Harbor Development to serve as a docking pier and accesS ramp for tbe Casino Belle, presented and read. Coun. cil Member Voetberg moved that the com. munication be received and fi1ed. Second. ed by Counci1 Member Nicholson. Carried by tbe following vote, Yeas-Mayor Pro- Tern Kluesner. Council Members Deicb, Krieg. Nicholson. Pratt. Voetberg. Nays-None. Absent-Mayor Brady. RESOLUTION NO. 418-90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE. BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, That the proposed plsns. specifications, form of contract and estimated cost for the Ice Harbor Development - Floating Pier. in the estimated amount of $70.000,00, are hereby approved and ordered fi1ed in tbe office of the City Clerk for public inspection, Passed, approved and adopted this 15th day of October. 1990. Loras J. Kluesner Mayor Pro-Tem Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of tbe Resolution. Seconded by Coun. cil Member Nicholaon. Carried by the following vote, Yeas-Mayor Pro-Tem Kluesner. Council Membera Deicb, Krieg, each bid ahall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided. to be published in a newspaper having gen- eral circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2,00 p.m. on the 25th day of October, 1990. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.rn. on the 5th day of November, 1990. Whereas. the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifica. tions, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Ice Harbor Developmeut - Floating Pier. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A, That on the 5th day of November, 1990. a public hearing will be held at 7,30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or agaiast the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such bear- ing to be published in a newspaper hav. ing general circulation in the City of Dubuque. Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consid. eration. At the hearing. any interested per- son may appear and file objections to the proposed plsns. specifications, contract, or estimated cost of the improvement. Passed. approved and adopted this 15th day of October, 1990. Loras J. Kluesner Mayor Pro-Tern Communication of Zoning Connniasion advising of their denial to rezone proper- ty located on Vincent Street south of West Locust Street from R.I Single. Family Residential District to R.4 Multi- Family Residential District. and petition of Mike Sullivan requesting an opporturù. ty to address the Council regarding the proposed rezoning of the property in University Place Subdivision at Vincent Street and West Locust, presented and read, Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner. Council Members Deich, Krieg, Nicholson. Pratt, Voetberg. Nays-None. Absent-Mayor Brady. Passed, approved and adopted this 15th day of October. 1990. Loras J, Kluesner Mayor Pro-Tem Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution, Seconded by Coun- cil Member Nicholson. Carried by the following vote, Yeas-Mayor Pro.Tem Kluesner. Council Members Deich. Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. RESOLUTION NO, 420-90 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, That the Ice Harbor Development - Floating Pier is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that tbe amount of the security to accompany Mr, Mike Sullivan requestd a public hearing on the rezoning request, An Ordinance Amending Zoning Or. dinance to reclassify property located on Vincent Street, South of West Locust Street from R.I Single-Family Residential District to R-4 Multi-Family Residential District. presented and read. Council Member Voetbergmoved that thia be con. sidered the first reading and that it be set for Public Hearing on November 19, 1990 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 Nicholson, Carried by the following vote, Yeas-Mayor Pro-Tem Kluesne,'. Council Members Deich, Krieg. Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. Communication of Zoning Commission advising of their denial to rezone proper- ty located at 2010. 2030 and 2040 Mullen Road from R-I Single-Family Residential District to R-2 Two-Family Residential District, presented and read. Council Member Pratt moved that the com- munication be received and filed. Second- ed by Council Member Krieg. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson. Pratt, Voetberg. Nays-None. Absent-Mayor Brady. An Ordinance Amending Zoning Or- dinance to reciassify properties located at 2010. 2030 and 2040 Mullen Road from R.I Single-Family Residential District to R-2 Two-Family Residential District, presented and read. Council Member Pratt moved that this be considered the first reading of the Ordinance and that it be set for Public Hearing on November 19, 1990 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 Krieg. Carried by the following vote, Yeas-Mayor Pro-Tem Kluesner, Council Members Deich, Krieg. Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. Communication of Zoning Commission advising of their demal to amend text amendment to the Zoning Ordinance to allow hobby shops as a conditional use in the C-I Neighborhood Commercial District and communication of City Manager recommending City Council con- cur with the recommendation of Zoning Commission and disapprove this text amendment, presented and read, Council Member Pratt moved that the communi. cation be received and filed and concurred with recommendation to deny. Seconded by Council Member Nicholson, Vote on the motion was as follows, Yeas-None. Nays-Mayor Pro-Tem Kluesner, Council Members Deich, Krieg. Nicholson. Pratt, Voetberg. Absent-Mayor Brady. Motion failed. Council Member Voetberg moved that the communications be received and filed Seconded by Council Member Pratt. 535 Regular Session, October 15, 1990 Carried by the following vote, Yeas- Mayor Pro.Tem Kluesner. Council Members Deich, Krieg. Nicholson. Pratt. Voetberg, Nays-None, Absent-Mayor Brady. An Ordinance Amending Code of Or- dinances by enacting a new Section 3.3,l(D5) to allow a "Hobby Shop" as a Conditional Use in a COI Neighborhood Commercial District. presented and read. Council Member Pratt moved that thia be considered the first reading of the Or- dinance. and tbat 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 furtber moved that a Public Hearing be held on the Proposed Ordinance on tbe 19th day of November. 1990 and that the City Clerk publish notice in tbe manner prescribed by law. Seconded by Council Member Nicholson. Vote on the motion was as follows: Yeas-None, Nays- Mayor Pro- Tem Kluesner. Council Mem. bers Deich, Krieg. Nicholson. Pratt. Voetherg. Abseot- Mayor Brady. Motion failed. Council Member Voetberg moved that this be considered the first reading of the Ordinance and that it be act for Public Hearing on November 19, 1990 at 7,30 p,m. in the Public Libnary Auditorium and that the City Clerk publish notice in the manner preacribed by law, Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro-Tem Kluesner. Counci1 Membera Deich. Krieg. Nicholson. Pratt, Voetberg. Nays-None. Absent-Mayor Brady. Petition of Emmett Street residents and St. Marys Street residents requesting amendment to Ordinance to allow areas smaller than the now required four adja. cent city blocks or less than 50 curb park- ing spaces to be considered for a Residen- tial Parking District. presented and read. Counci1 Member Voetherg moved that the petition be received and fi1ed and referred to the City Manager, Seconded by Coun- cil Member Nicholson. Carried by the following vote: Yeas-Mayor Pro-Tem Kluesner. Council Members Deich. Krieg. Nicholson. Pratt. Voetberg, Nays-None. Abeent-Mayor Brady. Patricia Manders and Judy Bakey spoke to the petition. Communication of Chairperson of Dubuque Human Rights Commission submitting their Annual Report for the period of July 1. 1988 to June 30. 1990 and requesting to briefly review the report with the Council. presented and read. Council Member Voetberg moved that tbe communication be received and filed, Seconded by Council Member Nicholson. Carried by the following vote, Yeas- Mayor Pro-Tern Kluesner, Council Mem- bers Deich, Krieg. Nicholson, Pratt, Voetberg. Nays-None, Absent-Mayor Brady. Mr. Roger Maiers. Chairperson of the Commission, spoke to the report. Communication of Sam Pusateri re- questing approval of a claim for backed up sewer damages in the amount of $1.309.35. presented and read. Council Member Pratt moved that the communi- cation be received and filed and concur with the recommendation of tbe Legal Staff. Seconded by Council Member Voetberg. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner. Council Members Deich. Krieg, Pratt. Nays- Council Members Nicholson, Voetberg. Absent-Mayor Brady. Communication of City Manager re- questing approval of a Highway Safety Grant for federal fiscal year 1991 for the Police Department and to authorize pro- ceeding with the project. presented and read, Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Pratt, Carried by tbe following vote: Yeas-Mayor Pro-Tem Kluesner, Council Membera Deich. Krieg. Nicholson. Pratt, Voetberg. Nays-None. Absent-Mayor Brady. Communication of City Manager re- questing approval of a renewal contract with the Iowa Department of Public Health for funding of the local AIDS Preventative Health program through the City's Health Services Division. presented and read. Council Member Voetberg moved that the communication be re- ceived and filed. Seconded by Council Member Nicholson. Carried by tbe follow- ingvote, Yeas-Mayor Pro-Tem Kluesner. Council Members Deich, Krieg. Nicholson, Pratt. Voetberg. Nays-None. Absent- Mayor Brady, RESOLUTION NO. 421.90 A RESOLUTION AUTHORIZ- ING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE lOW A DEPARTMENT OF PUBLIC HEALTH FOR FUNDING OF A LOCAL AIDS PREVENTATIVE HEALTH PROGRAM, Regular Session, October 15, 1990 536 Wbereas. the Iowa Department of Public Health has offered to provide finen. cial support for local AIDS Preventative Health and Education Programs in tbe City of Dubuque; and Whereas, the City of Dubuque desires to establish and maintain such local AIDS Preventative Health and Education Pro- grams; and Whereas, the Iowa Department of Public Health has presented the City Health Services Division proposed con. tracts for funding, a copy of which is attached hereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1, That the City of Dubuque, Iowa, bereby approves the attached AIDS Preventative Health Contract between the Iowa Department of Public Health and the City of Dubuque, Iowa, Section 2. That the City Mana,,-;<>r or hia designee is hereby authorized and directed to execute said contracts on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of October, 1990, Loras J. Kluesner Mayor Pro-Tern Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Nicholson. Carried by the following vote, Yeas-Mayor Pro-Tem Kluesner, Council Members Deich. Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady, Communication of City Manager re- questing approval of an amendment to the Preconstruction Agreement with the Iowa Department of Transportation and authorize and direct Mayor to execute, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by tbe follow- ing vote, Y eas- Mayor Pro- Tem Kluesner, Council Membera Deich. Krieg. Nicholson. Pratt, Voetberg. Nays-None. Abaent- Mayor Brady. RESOLUTION NO. 422.90 A RESOLUTION APPROVING ADDENDUM TO PRECON. STRUCTION AGREEMENT RELATED TO U,S. 61 PROJECT WITH THE IOWA DEPART. MENT OF TRANSPORT A TION Whereas. the Iowa Department of Transportation is currently developing and constructed nelocated U.s. 61 within the City of Dubuque, from Grandview Avenue northerly and easterly to the U,S, 61 Mississippi River bridge; and Whereas. I.D.O,T, Preconstruction Agreement 87.4.210 was previously ex- ecuted for the above project by the City and I.D.O.T, on January 31 and February 17, 1989, respectively; and Whereas, in I.D.O.T. Preconstruction Agreement 87-4-210 provisions were made for cost sharing of storm sewer construc- tion associated with the project; and Whereas. tbe current Addendum nelates to tbe installation or replacement of atorm sewer in the area of Dodge and Locust Street with an extension to Charter Street and to the Locust Street connector; and Whereas. the cost has been broken out in two phases; one section nelating to com- bination cost aharing of $163,318.00 by the City and $26.587.00 by the State, and the second section of 100% participation by the City, with a cost of $48,789.00 or a total cost associated with the City of $212,107,00; and Whereas, the exact cost on this sched- uled construction will be determined after the project has been completed and at that time. I.D.O.T, will be billing the City for the exact amount due. NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, Section I. That Addendum '91. A -045 to Preconstruction Agreement 87.4-210 with the Iowa Department of Transportation be approved Section 2. That the Mayor be authorized and directed to execute copies of this Ad- dendum and to forward the executed copies to the Iowa Department of Transportation for their approval. Passed, approved and adopted this 15th day of October. 1990, Loras J. Kluesner Mayor Pro.Tem Attest, Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution, Seconded by Council 537 Regular Session, October 15, 1990 Member Nicholson. Carried by the follow- ing vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson. Pratt. Voetberg. Nays-None. Absent- Mayor Brady. Communication of City Manager sub- mitting ordinances relating to traffic con. trol modifications which are needed at various intersections along the route of the U.S. Highway 61 Construction pro- ject, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Coun. cil Member Nicholson. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich. Krieg, Nicholson. Pratt, Voetberg, Nays-None. Absent-Mayor Brady. An Ordinance Amending Code of Or- dinances by modifying Section 32-174 thereof providing for the change in designation of one-way traffic in the alley between Central and White from 4th St. to 5th St. to Northerly one-way, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance and that the re- quirement that an Ordinance be con- sidered 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 adop. tion of the Ordinance. Seconded by Coun. cil Member Nicholson. Carried by tbe following vote, Yeas-Mayor Pro-Tern Kluesner. Council Members Deich, Krieg. Nicholson. Pratt. Voetberg, Nays-None. Absent-Mayor Brady. (OFFICIAL PUBLICATION) ORDINANCE NO, 81.90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY MODIFYING SEC- TION 32.174 THEREOF PRO. VIDING FOR THE CHANGE IN DESIGNATION OF ONE.WAY TRAFFIC IN THE ALLEY BE- TWEEN CENTRAL AND WHITE FROM FOURTH STREET TO FIFTH STREET TO NORTHERLY ONE.WAY. 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 Fourth Street from Section 32.174 thereof as follow", "Sec, 32.174, One-Way Streets. 12) Southerly. Traffic shall move southerly omy' In the alley between Central A venue and White Street, from East Four- teenth Street to East Fourth Street." Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend. ed by adding Fourth Street to Section 32.174 thereof as follows, "Sec. 32.174. One-Way Streets, (I) Northerly. Traffic shall move north- erly only' In the alley between Central A venue and White Street, from East Fourth Street to East Fifth Street. (2) Sontherly. Traffic shall move south- erly omy' In the alley between Central Avenue and White Street, from East Four- teenth Street to East Fifth Street." Passed, approved and adopted this 15th day of October, 1990. Loras J. Kluesner Mayor Pro.Tem Attest, Mary A. Davis City Clerk Published officially in the Telegmph Hemld newspaper this 19th day of Octo- ber. 1990. Mary A. Davis City Clerk It 10119 An Ordinance Amending Code of Or- dinances by modifying Subsection Ibl of Section 32-214 thereof providing for the addition of Stop Signs at the intersections of Southern Avenue and Valley Street, Mt. Carmel Drive and Valley Street Ex- tension, and Railroad Avenue and Har- rison Street, presented and read. Council Member Voetberg moved that this be con- sidered the first reading of the Ordinance and that the requirement that an Or- dinance 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. Second- ed by Council Member Nicholson. Carried by the following vote, Y eas- Mayor Pro- Tern Kluesner, Council Members Deich. Krieg, Nicholson, Pratt. Voetberg. Nays-None. Absent-Mayor Brady. It 10119 (OFFICIAL PUBLICATION) ORDINANCE NO, 82.90 AN ORDINANCE AMENDING Re_gular Session, October 15, 1990 538 THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUB- SECTION (b) OF SECTION 32.214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS AT THE INTERSEC- TIONS OF SOUTHERN AVE- NUE AND VALLEY STREET. MT. CARMEL DRIVE AND VALLEY STREET EXTEN- SION, AND RAILROAD AVE- NUE AND HARRISON STREET NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Seetion 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding the following intersections to Subsection Ibl of Section 32-214 thereof as follow", "See, 32-214, Stop Intersections. Ibl NORTHBOUND Mt. Carmel Drive and Valley Street Extension. NORTHBOUND AND SOUTHBOUND Valley Street and Southern Avenue. EASTHBOUND AND WESTBOUND Railroad Avenue and Harrison Street. Passed, approved and adopted this 15th day of October, 1990. Attest, Mary A. Davis City Clerk Loras J. Kluesner Mayor Pro-Tern Published officially in the Telegmph Hemld newspaper this 19th day of Octo- ber, 1990. Mary A. Davis City Clerk It 10119 An Ordinance Amending Code of Or- dinances by modifying Section 32-174 thereof providing for the designation of southerly one-way traffic on Southern Avenue from South Locust Street to Valley Street, presented and read. Coun- cil Member Voetberg moved that this be considered the first reading of the Or. dinance and that the requirement that an 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 Nicholson. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt. Voetberg. Nays-None. Absent-Mayor Brady. (OFFICIAL PUBLICATION) ORDINANCE NO. 83.90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY MODIFYING SEC- TION 32-174 THEREOF PRO- VIDING FOR THE DESIGNA- TION OF SOUTHERLY ONE- WAY TRAFFIC ON SOUTH- ERN AVENUE FROM SOUTH LOCUST STREET TO V ALLEY STREET 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 adding Southern A venue to Section 32-174 thereof as follow", "See. 32.174. One-Way Streets, (2) Southerly. Traffic shall move south- erlyomy: On Southern Avenue, from South Locust Street (U.S. Highway 61/1511 to Valley Street. Passed, approved and adopted this 15th day of October, 1990. Loras J. Kluesner Mayor Pro-Tern Attest, Mary A. Davis City Clerk Published officially in the Telegacph Hemld newspaper this 19th day of Octo- ber, 1990. Mary A. Davis City Clerk It 10/19 An Ordinance Amending Code of Or- dinances by adding to subsection (dl of Section 32.262 thereof providing for the prohibiting of parking on both sides of Valley Street Extension from Southern Avenue to Railroad Avenue, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinances and that the 539 Re¡ular Session, October 15, 1990 requirament that an Ordinance be con. sidered and voted on for passage at two Council Meetinga prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of tbe Ordinanœs, Seconded by Coun. cil Member Nicbolson, Carried by tbe following vote, Yeas-Mayor Pro-Tem Kluesner. Council Membera Deich. Krieg. Nicholson, Pratt. Voetberg. Nays-None. Absent-Mayor Brady, (OFFICIAL PUBLICATION) ORDINANCE NO. 84-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING TO SUB. SECTION (d) OF SECTION 32-262 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING ON BOTH SIDES OF V ALLEY STREET EXTENSION FROM SOUTHERN AVENUE TO RAILROAD AVENUE NOW. THEREFORE. BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA Section I. That the Code of Ordinances of the City of Dubuque. Iowa be amend. ed by adding Valley Street Extension to Subsection (d) of Section 32.262 thereof as follows: "See. 32-262. Prohibited on Designated Streets or Portions Thereof, (d) No-parking-at-any.time zones designated Valley Street Extension, both sides, from Southern Avenue to Railroad Avenue" Passed, approved and adopted thia 15th day of October. 1990, Loras J. Kluesner Mayor Pro-Tem Attest, Mary A. Davis City Clerk Publisbed officially in the Telegraph Heruld newspaper this 19th day of Octo- ber. 1990. Mary A, Davis City Clerk It 10/19 Communication of City Manager sub-- mitting Ordinanœ providing for tbe in. stallation of "stop" signs at various in. tersections along the newly constructed street system in the 4th Street peninsula area for Riverboat Gambling. presented and read. Council Member Voetberg moved that the commutùcation be reo ceived and filed. Seconded by Council Member Nicholson, Carried by the follow- ing vote, Yeas-Mayor Pro- Tem Kluesner, Council Membera Deicb. Krieg, Nicholson, Pratt. Voetberg. Nays-None, Absent- Mayor Brady. An Ordinance Amending Code of Or- dinances by modifying subsection (b) of Section 32.214 thereof providing for the addition of stop signs at the intersections of Adams Street and Fifth Street, Adams Street and Fourth Street. Fourth Street and Siath Street. and Third Street Exten- sion and Bell Street, presented and read. Council Member Voetberg moved thet this be considered the first reading of the Ordinance and that the requirement that an 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. Second. ed by CouncilMernher Nicholson, Vote on the motion was as follows: Y eas- Mayor Pro-Tem Kluesner, Council Members Krieg. Nicholson, Pratt. Voetberg. Nays-Council Member Deich. Absent- Mayor Brady. Motion failed due to lack of 3/4 vote. Council Member Voetberg moved that this be considered the first reading of the Ordinanœ. Seconded by Council Member Nicholson. Carried by the following vote, Yeas-Mayor Pro-Tem Kluesner. Council Members Deich, Krieg, Nicholson, Voet- berg. Nays-Council Member Pratt. Absent-Mayor Brady. Communication of City Manager sub- mitting Ordinance providing for the establishing of a fifty cent admission fee to excursion gambling host, presented and read. Council Member Voetberg moved that the commutùcation be received and filed, Seconded by Council Member Nichnlson, Carried by the following vote, Yeas-Mayor Pro-Tem Kluesner. Council Members Deich, Krieg. Nicholson. Pratt. Voetberg, Nays-None. Absent-Mayor Brady. An Ordinance Requiring an Excursion Boat Licensee docked within the City of Dubuque to pay to the City an admiasion fee for each person embarking on an Ex. cursion Gambling Boat, presented and read, Council Member Voetberg moved that this be considered the first reading of the Ordinance and that the requirement that an Ordinance be considered and voted on for passage at two Council Regular Session, October 15, 1990 540 Meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Or. dinance. Seconded by Council Member Nicholson. Carried by the following vote, Yeas-Mayor Pro-Tem Kluesner, Council Members Deich, Krieg, Nicholson. Pratt, Voetberg. Nays-None, Absent-Mayor Brady. (OFFICIAL PUBLICATION) ORDINANCE NO. 85-90 AN ORDINANCE REQUIRING AN EXCURSION BOAT LICEN- SEE DOCKED WITHIN THE CITY OF DUBUQUE TO PAY TO THE CITY AN ADMISSION FEE FOR EACH PERSON EM- BARKING ON AN EXCURSION GAMBLING BOAT Whereas, Chapter 99F of the Code of Iowa, entitled "Excursion Boat Gam- bling" provides for limited gambling on excursion boats subject to approval by County voters; and Whereas, a County.wide referendum on wbetber to allow riverboat gambling in Dubuque County was held on August 21, 1989, with the result that 66.6%. of those voting. voted in favor of riverboat gam- bling; and Whereas. Iowa Code Section 99FIO.3 provides that a "city may adopt, by or. dinance. an admission fee not exceeding fifty cents for each person embarking on an excursion gambling boat docked within theeity...";and Whereas. the City Council of the City of Dubuque, Iowa, desires to enact such admission fee on excursion gambling hosts docked within the City of Dubuque. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section I. Any excursion boat licensee licensed under Iowa Code Section 99F.7, which is docked within the corporate limits of the City of Dubuque, Iowa, shall collect and pay to the City of Dubuque an admission fee of fifty cents ($.50) for each person embarking on an excursion gam. bling boat with a ticket of admission. Section 2. If tickets are issued that are good for more than one excunsion. the ad. miasion fee shall be paid for each person using the ticket on each excursion that the ticket is used. Section 3. If free passes or complimen- tary admission tickets are issued, the licensee shall pay the same fee upon these passes or complimentary tickets as if tbey were sold at the regular and usual admis. sion rate. Section 4. The excursion boat licensee may. however, issue fee-free pasoes to ac- tual and necessary officials and employees of the licensee or other persons actually working on the excursion gambling boat, Issuance of fee-free passes is subject to the rules of the Iowa Racing and Gaming Commission and a list of all persons to whom fee-free passes are issued shall be filed within the Commission as required by Iowa Code Section 99F.I01211d) and a copy thereof provided to the City of Dubuque. Section 5, The fee required by this or- dinance shall be paid to the City of Du. buque on a monthly basis and shall be ac- companied by an accounting therefor. Passed, approved and adopted this 15th day of October. 1990. Loras J. Kluesner Mayor Pro-Tern Attest, Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 19th day of Octo- ber, 1990. Mary A. Davis City Clerk It 10119 Communication of City Manager re- questing a change in the Fiscal Year 1992 property tax gnidellnes based upon a significant change in the assumptions, presented and read. Council Member Pratt moved that the communication be received and filed and approved request of City Manager. Seconded by Council Member Nicholson, Carried by the follow. ingvote, Yeas-Mayor Pro-Tem Kluesner, Council Membera Deicb. Krieg, Nicholson. Pratt, Voetberg. Nays-None. Absent- Mayor Brady. Verbal request of City Manager re- questing to further tahle the staff recom- mendation on acquiaition of McFadden property for Industrial Purposes to the meeting of November 5. 1990, presented and read. Council Member Voetberg moved that this be deferred to the November 5th Council Meeting. Second. ed hy Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro-Tem Kluesner, Council Members Deich, Krieg, Nicholson. Pratt. Voetberg, Nays-None. Absent-Mayor Brady. 541 Regular Session, October 15, 1990 RESOLUTION NO. 423-90 NOW. THEREFORE. BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Du' buque. Iowa. be granted a permit to sell Cigarettes and Cigarette Papers within said City. Dubuque Inn (Vendors Urùimited) 3434 Dodge St, Passed, approved and adopted thia 15th day of October, 1990, Loms J. Kluesner Mayor Pro-Tem Attest, Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Nicholson. Carriad by the follow. ing vote: Y cas- Mayor Pro- Tern Kl_. Council Membera Deich, Krieg. Nichol-. Pratt, Voetherg. Nays-None, Absent- Mayor Brady. RESOLUTION NO. 424-90 Whereas. Applications for B...- 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 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 iasned the following named applicants a Beer Permit, CLASS "B" BEER PERMIT J & P O'Hara. Incorporated, Happy Joe's Pizza, 855 Century Dr. (Sunday sales) Clara L. Johnson. Lucky "13" Tap 385 E. 13th St. (Sunday Sales) CLASS "C" BEER PERMIT Robert J, Breitbach. Oky Doky #9 51 W. 32nd St. (Sunday Sales) Iowa Oil Company. Cedar Croes lOCO 3270 Dodge St. (Sunday Sales) Passed, approved and adopted thia 15th day of October. 1990. Loras J. Kluesner Mayor Pro-Tern Attest, Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the follow- ingvote, Yeas-Mayor Pro-Tem Kluesner, Council Membera Deich, Krieg. Nicholson Pratt, Voetberg. Nays-None. Absent- Mayor Brady. RESOLUTION NO. 425-90 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premsies to be occupied 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. lOW A, That tbe Manager be authorized to cause to be issued the following named ap- plicants a Liquor License, CLASS "a" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dodge House Corporation, Dodge House MotelIRestaurant. 701 Dodge St. CLASS "C" (COMMERICAL) BEER AND LIQUOR LICENSE Kenneth Love/James Kohl. The Grand Tap. 802 Central (Sunday Sales) Dog Gone, Inc" Dog House Lounge 1646 Asbury (Sunday Sales) Nelda L. Bennett, Old Shang 1091 Main (Sunday Sales) Eagle Point Tavern. Ltd.. Windsor Tap 2401 Windsor (Sunday Sales) Key City Bowling Lanes. Inc.. Imperial Lanes. 3505 Stoneman Rd. (Sunday Sales) Marie Dingbaum. Bierstube 1301 Rhomberg Passed, approved and adopted this 15th day of October. 1990. Loras J. Kluesner Mayor Pro-Tern Í'I"""':' Regular Session, October 15, 1990 542 Attest, Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the follow- ingvote, Yeas-Mayor Pro-Tem Klnesner. Council Members Deich, Krieg. Nicholson. Pratt. Voetberg. Nays-None. Absent- Mayor Brady. MINUTES SUBMITTED - Cable TV Teleprograrnming Commission of 10-2: Community Housing Task Force of 9,24; Handicapped Parking Review Committee of 10-5; Historic Preservation Commission of 9-26; Human Rights Commission of 9-10; Library Board of Trustees of 9-27; Long Renge Planning Commission of 7-30 & 8-15; Park & Recreation Commission of 9-11. presented and read. Council Member Pratt moved that the minutes be received and filed. Seconded by Council Member Nicholson. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich. Krieg, Nicholson, Pratt. Voetberg. Nays-None. Absent-Mayor Brady. NOTICES OF CLAIMS/SUITS - Dubuque Policemen's Protective Associa- tion vs. City of Dubuque submitting "Pr0- hibited Practice Complaints"; Harvest Savings Bank vs. City of Dubuque et al, submitting "Foreclosure Petition"; Joel Owens in amount of $175.00 for proper- ty damages; Joseph Stence by his father Richard Stence, in unknown amount for personal injuries, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Second. ed by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro- Tem Kluesner. Council Members Deich. Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. Communication of Corporation Counsel recommending settlement of car damage claim of Steve Jochum in the amount of $84.00, presented and read. Council Member Voetberg moved that the com. munication be received and filed and set. tlement approved and Finance Director to issue proper check. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro.Tem Kluesner, Council Members Deich, Krieg, Nicholson, Pratt. Voetberg, Nays-None. Absent- Mayor Brady. Communications of Corporation Counsel recommending denial/closure of car damage claim of James M. Kean; car damage claim of Daniel Rudowski; personal injury claim of Leona Stachura. presented and read. Council Member Voetberg moved that the communication be received and filed and recommenda- tions approved. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg. Nicholson. Pratt. Voetberg. Nays-None, Absent- Mayor Brady. Proof of Publication on List of Claims paid for month of Augus~ 1990, presented and read, Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent- Mayor Brady, Petition of residents of Washington and Jackson Streets requesting enforcement of "Storage on the Streets" regarding three pickup trucks, presented and read. Council Member Voetberg moved that the petition be received and filed. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt. Voetberg. Nays-None. Absent-Mayor Brady. Communication of Carl Binz objecting to spending tax monies on the proposed new City Hall Bell Tower. presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote, Yeas- Mayor Pro-Tem Kluesner. Council Members Deich, Krieg. Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. Communication of City Manager re- questing authorization to publish Notice of Environmental Review Finding for the replacement of 10" Sanitary Sewer and Repaving of Iowa Street between 4th & 5th Streets. presented and read. Council Member Voetberg moved that the com- munication be received and filed. Second- ed by Council Member Pratt, Carried by the following vote: Yeas-Mayor Pro-Tem Kluesner, Council Members Deich, Krieg, Nicholson. Pratt. Voetberg. Nays-None. Absent-Mayor Brady. RESOLUTION NO, 426-90 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COM- MUNITY DEVELOPMENT BLOCK GRANT PROJECT. .4.,. 543 Regular Session, October 15, 1990 Whereas, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing February 5. 1990 with the U.S. Department of Housing and Ur. ban Development. providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S, Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to be financed with Com- munity Development Block Grant funds; and Whereas. an ad hoc Environmental Review Committee on August 24. 1990 has after due consideration made a deter- mination that the project is not a major Federal action significantly affecting the quality of the human environment, NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, Section 1. That the City Clerk be !Uld she is hereby authorized and directed to publish a Notice of Finding of No Signifi. cant Effect on the Environment for the Dubuque Downtown Hotel Project. and to make the Environmental Review Record for said project availsble for public inspection, Such notice shall be in the form of Exhibit" A" attached hereto and made a part hereof. Replacement of 10" SaIÙtary Sewer and Repaving of Iowa Street Between 4th and 5th Streets Section 2, That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of authorizing the submission of a request to the U.S, Department of Housing and Community Development to undertake the project, Passed. approved and adopted this 15th day of October. 1990. Loras J. Kluesner Mayor f'ro-Tem Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the lWsolution. Seconded by Coun. cil Member Pratt, Carried by the follow. ing vote, Yeas-Mayor f'ro-Tem Kluesner, Council Members Deich, Krieg. Nichnlson, Pratt, Voetberg, Nays-None. Absent- Mayor Brady. '5-" " Communication of Zoning Commission advising of their approval of final plat for a subdivision located on John F. Kennedy Road, East of Coventry Lane in the Coun- ty. presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Coun- cil Member Pratt. Carried by the follow- ingvote, Yeas-Mayor Pro-Tern Kluesner, Council Members Delch, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent- Mayor Brady. RESOLUTION NO. 427-90 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF THE SOUTH y, OF THE SOUTHEAST ';' OF THE NORTHEAST ';' OF SEC- TION 9 TOWNSHIP 89 NORTH, RANGE 2 EAST, OF THE 5TH P.M. IN DUBUQUE COUNTY. IOWA Whereas, there has been filed with the City Clerk a final plat of the subdivision of the South 'I, of the Southeast y" of the Northeast y, of Section 9 Township 89 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa; and Whereas, said final plat has been ex- amined by the City Zoning Commission and its approval endorsed hereon; and Whereas, said final plat has been ex. amined by the City Council and the City Council finds that the same conforms to the statutes and ordinances relating thereto. NOW. THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. That the final plat of the sub- division of the South 'I, of the Southeast Ii of the Northeast Ii of Section 9 Township 89 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque on said final plat- Passed, approved and adopted this 15th day of October. 1990. Loras J. Kluesner Mayor Pro-Tern Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the following Regular Session, October 15, 1990 544 vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None, Absent- Mayor Brady. Communication of Zoning Commission advising of their approval of final plat of Forest Grange Subdivision located in Dubuque County, 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 Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. RESOLUTION NO. 428-90 A RESOLUTION APPROVING THE FINAL PLAT OF FOREST GRANGE SUBDIVISION IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a final plat of Forest Grange Subdivision in Dubuque County, Iowa; and Whereas. upon said final plat appears streets to be known as Rustic Forest Trail and Forest Meadow. together with certain public utility easements which the owners, by said plat. have dedicated to the pnblic forever; and Whereas, said final plat has been ex. amined by the City Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat has been ex- amined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that drive grades have not been estab- lished, the driveway brought to grade or paving installed. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. That the easement for public utilities as the same appear upon said plat be and the same is hereby approved. Section 2, That the final plat of Forest Grange Subdivision in Dubuque County be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the ap- proval of the City of Dubuque, Iowa upon said final plat, provided the owners of said property herein named execute their writ. te~, '¥'"or.;~~ ~,,::~..:t~~h;ar.nJ'f¿ hard-surface the streets of Forest Grange Subdivision with bituminous concrete, or with concrete paving, all in accordance with approved plans on file in the Office of the City Engineer, City of Dubuque, Iowa; b. To provide the foregoing construe' tion and maintenance of ali said im- provements at the sole expense of the owner, Lime Rock Springs Co.. John J. Gantz, Sr. and James P. Gantz. or their successors as assigned; and c. To construct all said improvements within two years from the date of adoption of this resolution by the City of Dubuque, Iowa. Section 3, That the aforesaid Lime Rock Springs Co.. John J. Gantz, Sr. and James P. Gantz, as owners, shall self.secure the foregoing conditions by providing security in such form and with such surety that may be approved by the City Manager of the City of Dubuque, Iowa. Section 4. That in the event Lime Rock Springs Co., John J. Gantz, Sr. and James P. Gantz. shall fail to execute the accep' tance and furnish the security provided for in Section 3 hereof within 180 days after the date of the Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and ap' proval of the plat shall not be effective. Passed, approved and adopted this 15th day of October, 1990. Loras J. Kluesner Mayor Pro-Tern Attest, Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 428-90 We, the undersigned, Lime Rock Springs, Co" John J. Gantz, Sr. and James P. Gantz, owners, having read the terms and conditions of the Resolution No. 428.90 and being familiar with the conditions thereof. hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17th day of October, 1990. By, John J. Gantz, Sr. Lime Rock Springs, Co. By, James P. Gantz Lime Rock Springs, Co. Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. ..,' 545 Re.9.ular Session, October 15, 1990 cil Member Pratt, Carried by the follow. ing vote: Yeas-Mayor Pro-Tem Kluesner. Council Membera Deich. Krieg. Nicholson, Pratt, Voetberg, Nays-None, Absent- Mayor Brady. Communication of Zoning Commission advising of their approval of final plat of Holiday Comers No.3 located at south. west corner of the Intersection of John F. Kennedy Road and Pennsylvania Avenue, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Coun. cil Member Pratt. Carried by the follow. ingvote, Yeas-Mayor Pro-Tem Kluesner, Council Members Deich. Krieg. Nicholson, Pratt, Voetberg. Nays-None. Absent- Mayor Brady. RESOLUTION NO, 429-90 A RESOLUTION APPROV. ING THE FINAL PLAT OF HOLIDAY CORNERS NO. 31N THE CITY OF DUBUQUE. IOWA. Whereas, there has been filed with the City Clerk a final plat of Holiday Corners No.3 in the City of Dubuque. Iowa; and Whereas. said [mal plat has been ex. amined by the City Zoning Commission and its approval endorsed hereon with the condition that tbe following words be placed in a conspicuous place on the plat "Lot I of Holiday Corners No.3 must be used in conjunction with Lot 1 of Lot I of Holiday Corners No.2"; and Whereas. said final plat has been ex- amined by the City Council and the City Council finds that the same conforms to the statutes and ordinances relating thereto and that conditions placed on the plat by the Zoning Commission have already been met. NOW, THEREFORE. BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the final plat of Holiday Corners No.3 is hereby approved and the Mayor and City Clerk are hereby author. ized and directed to endorse the approval of the City of Dubuque on said plat. Passed, approved and adopted thia 15th day of October, 1990, Loras J. Kluesner Mayor Pro-Tem Attest, Mary A, Davis City Clerk Council Member Voetberg moved adop. tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow. ing vote, Yeas-Mayor Pro- Tern Kluesner. Council Membera Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent- Mayor Brady. Communication of City Manager re- questing approval of City of Dubuque's Fiscal Year 1990 Street Finance Report, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Coun- cil Member Pratt. Carried by the follow. ing vote, Y eas- Mayor Pro- Tern Kluesner, Council Membera Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent- Mayor Brady. RESOLUTION NO. 43('90 RESOLUTION APPROVING THE CITY OF DUBUQUE FISCAL YEAR 1990 STREET FINANCE REPORT NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section I. That the Street Finance Report for tbeperiod July 1,1989 through June 30. 1990 be and the same is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation. Passed, approved and adopted this 15th day of October, 1990. Loras J. Kluesner Mayor Pro.Tem Attest, Mary A. Davis City Clerk Council Member Voetberg moved adop. tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow- ingvote, Yeas-Mayor Pro-Tem Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent- Mayor Brady. Petition of Attorney Leo McCarthy re- questing a vacation of easement and dedication of sanitary sewer easement on Lot 14 of Twin Sisters Addition in the City of Dubuque, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Pratt. Car. ried by the following vote, Yeas-Mayor Pro-Tem Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. Regular Session, October 15, 1990 Mr. Merle Koch spoke regarding the Vincent Street rezoning, objecting to possible sewer back up problems. 9,08 p.m. Council Member Pratt moved to go into Closed Session in accordance with Chapter 21.5 1 (j) to discuss the pur- chase of particular real estate when the premature disciosure could be reasonably expected to increase the price the govern- mental body would have to pay for that property. Seconded by Council Member Voetberg. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent-Mayor Brady. 9,47 p.m. Council reconvened. There being no further business, Coun- cil Member Voetberg moved to adjourn the meeting. Seconded by Council Member Pratt. Carried by the following vote, Yeas-Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Nicholson, Pratt, Voetberg. Nays-None. Absent- Mayor Brady. Meeting adjourned at 9,47 p.m. Mary A. Davis City Clerk Attesc d. ~.~ y Clerk -"."'-"".._-"'.... $.0 546 --