1988 April Council Proceedings98
Session, March 7, 1988
RESOLUTION NO. 77,88
RESOLUTION AUTHORIZING
EXECUTION OF AN AGREEMENT
WITH THE IOWA DEPARTMENT
OF TRANSPORTATION FOR
FEDERAL AID TO URBAN
SYSTEM FUNDS FOR THE
NORTHWEST ARTERIAL
WHEREAS, the Iowa Department of
Transportation is requesting the City to
execute IDOT Agreement #88-F-009
relative to construction activities on the
Northwest Arterial from Asbury Road
to John F. Kennedy; and
WHEREAS, the City is proposing
construction of this phase of the North.
west Artetialin calendar years 1988 and
1989 with grading in 1988 and paving
in 1989; and
WHEREAS, this project is eligible for
reim.bureemant up to 75% of its cost for
momes available to the City under
Federal Aid to Urban Systems pro-
grams; and
WHEREAS, the Cityis desirous of us-
ing FAUS funds for this project for bot~
grading activities and paving activities
up to the amounts available to the City
under the Federal Aid to Urban Systems
project for allocation to the City of
Dubugua
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the attached Iowa
D~partment of Transportation agree.
merit #88-F-009 and considered a part
hereof is hereby approved.
Section 2. That ~e Mayor be authoriz-
ed and directed to execute a copy of this
agreemant with the Iowa Department of
Transportation for utilization of FAUS
funds on the Northwest Arterial from
Asbury Road to John E Kennedy Road.
Passed, approved and adopted this 7th
day of March, 1988.
James E. Brady
Mayor
ATTESq].
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Khiesner,
Krieg, Pratt, Simon, Voetberg. Nays--
None.
There being no further business, Coun-
cil Member Krleg moved to adjourn.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Khiesner, Krieg, Pratt, Simon, Voetberg.
Nays--None.
Meeting adjourned 11:24 P.M.
Mary A. Davis
City Clerk
Approved__ 1988
Adopted -- _ I988
Mayor
Council Membem
ATTES~
City Clerk
~r Session, April 4, 1988
CITY COUNCIL
OFFICIAL
Regular Session, April 4, 1988.
Council Met at 7:30 p.m. at the Public
Library Auditorium.
Present--Mayor Brady, Council Mem-
bers Daich, Khiesner, Pratt, Simon
Voetberg, City Manager W. Kenneth
Gearhart. Corporabi~n Counsel Barry
A. Lindahl:
Absent: Council Member Krieg.
Mayor Brady read the call and stated
that this is the REGULAR MONTHLY
MEETING of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
Invocation was given by Rev. Robert
Wiederaenders, Archivist, Wartburg
Seminary.
PROCLAMATIONS: April 2 thru 9 as
"Community Development Week"
received by C. D. Director James Burke;
April 17 thru 23 as "National Volunteer
Week"; Month of April as "Barbershop
Harmony Month" received by a group
of serenading Barbershoppers.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider execution of an Agreement
with the IA DOT of rights of access con-
tml to U.S. Highway 61 from various pro-
perties, presented and read.
Council Member Kluesner moved that
the rules be suspended to allow anyone
present to address the Council if they so
desire Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Ktieg.
There were no written objections
received and no oral objectors present at
the time of the Hearing.
Council Member Kluesner moved that
the proof of publication be received and
filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Khieaner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
RESOLUTION NO. 78-88
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the 'Peleg-raph-
Herald, a newspaper of general circula-
tion, published in the City of Dubuque,
Iowa on the 7th day of March, 1988, at
7:30 p.m. in the Public Library Audi-
torlum, 11th & Locust Streets, Dubuque,
Dubuque County, Iowa to consider the
disposition and granting of tomporary
easements or conveying access control
of City owned properties to the Iowa
Department of Transportation for
Relocated ~1 project. Details are as
follows:
City of Dubuque agrees to convey ac-
cess control to the Iowa Department of
Transportation to U.S. 61 from Station
131 + 45 ± PL to Station 152 + 83 ± PL,
East Side~ as shown an the attached plot
plan andconsidered a part hereto for the
following described properties.
Lots 8, 9, 10, 11, 12, 13, 14, 15, 16 and
17 of Rewan's Subdivision of Mineral
Lot 36, Lot I of Lot I of Mineral Lot
36A, Lot2 of Lot 6, Lot 2 of Lot 5, Lot
2 of Lot I of Lot 4, Lot I of Lot 2 of Lot
3, Lot 2 of Lot 1 of Lot 3, Lot 2 of Lot
2 and Lot 2 of Lot i of O'Connor's Sub-
division, Lot 2 of Lot 2 of Lot 4, Lot 1
of Lot 3, Lot i of Lot 2 and Lot i of Lot
1 of Mineral Lot 37, all in the City
Dubuque, Iowa;
City of Dubuque agrees that the en-
trance to Murphy Park at Station
135+55± on the east side of U.S. 61
will be eliminated;
City of Dubuque agrees to grant to the
Iowa Department of Transportation a
temporary easement on parts of Lots I 1,
12, 13 and 14 of Rowan's Subdivision of
Mineral Lot 36 for the purpose of remov-
mg an entrance and construction of a
cul-de-sac;
Further, the City agrees to grant to the
Iowa Department of Transportation a
temporary easement from Station 135
100
+ 00 to Station 136 + 75 a strip 300
feet wide on the east side of U.S. 61 as
measured from the centerline of the pro-
posed highway as shown on the project
plans for highway improvements;
Temporary easements are granted on
the condition that easements shall ter-
minate upon completion of 61 project.
to Iowa Department of Transporta~
tion; and
--Regular Session, April 4, 1988
WHEREAS, the City Council of th~
City of Dubuque, Iowa overruled any
and all objections, oral or written to the
proposal for disposing of the above de-
scribed interest in the City of Dubuque,
Iowa to Iowa Department of Transpor-
tation.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of interest
and/or the granting temporary ease-
ments andk)r conveying of access control
on the above described real estate as
identified under each category by the
City of Dubuque, Dubuque County, Iowa
to the Iowa Department of Transporta-
tion be and same is hereby approved and
the Mayor be authorized and directed to
execute relevant legal documents with
the Iowa Department of Transportation.
Section 2. That tho City Clerk be and
is hereby authorized and directed to
record a certified copy of this Resolution
in the offices of the City Assessor,
Dubuque County Recorder, and Du-
buque County Treasurer.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Cotmeil Members Deice Khiesner, Pratt,
Simon, Voetberg. Nays--None. Absent--
Council Member Krieg.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider disposing properties to IA
DOT for the Relocated '61 Project,
presented and read.
There were no written objections
received and no oral objectors.present at
the time of the Hearing. Council
Member Kluesner moved that the proof
of publication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dalch,
Kluesner, Pratt, Simon, Voetberg.
Nays--Nona Absent--Council Member
Krieg.
RESOLUTION NO. 79-88
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion, published in the City of Dubuque,
Iowa on the 7th day of March, 1988, the
City Council met on the 4th day of April,
1988 in regular session at 7:30 p.m. in the
Public Library Auditorium, 11th &
Locust Streets, Dubuque, Dubuque
County, Iowa to consider the disposition
and granting of temporary easements or
conveying access control of City owned
properties to the Iowa Department of
Transportation for Relocated 61 project.
Details are as follows:
City of Dubuque agrees to sell the
following described properties to the
Iowa Department of Transportation.
"Part Lot 7 and par~ Lot 8 of Rowan's
Subdivision of Mineral Lot 36, Lot 3 of
Mt. Carmel Subdivision; Lot 1 of Lot 1 of
Lot 1 of Sears and Reebuck C~, Subdivi-
sion No. 2; Lot 4 of Lot 1, Lot 5 of Lot
I of Randall's Subdivision; Lot 14 of
Levi's Addition; Lot 2 of Lot 229 and
Lot 4 of Lot 229 in Union Addition;
South 40 feet of Lot 2 of Stout's Du-
buque; and Lot 2 and Lot 3 of Newman,
Cooper and Smyth's Subdivision; all in
the City of Dubuque, Iowa;
City of Dubuque agree to grant tem-
porary easements on the following
described properties for activities
associated with the construction of the
Relocated 61 project and such temporary
easements are granted on the premises
Regular Session, April 4, 1988
101
that they shah terminate upon comple-
tion of the highway project:
Prom Sta. 12 + 35 to 12 + 80, a strip
23 ± ExR/W th 68 ± PL feet wide, East
side
From Sta 12 ± 80 to 13 + 65, a strip
68 ± PL to 76 ± PL feet wide, East side
From Sra. 13 + 65 to 14 + 00, a strip
76'PL to 25 feet wide, East side
From Sth. 14+00 to 15+95R/W, a
strip 25 to 30 fast wide, East side
Prom Sto. 14 + 00 th 15 + 95 ± R/W, all
land, West side, as.measured from the
centerline of Mt. ~armel Road
From Sta. 15+44± PL to 16+00, a
strip 45 to 34 feet wide, North side
From Sra. 16 + 00 to 17 + 32 ± PL, a
strip 34 th 74 feet wide, North side
From Sra. 16 + 00 to 17 + 32 ± PL, aH
land, South side, as measured from the
centerfine of Valley Street extension
From Sra. 11 + 75 ± PL to
12 + 75 ± PL, a strip 65 to 40 feet wide
West side, as measured from the center-
line of Southern Avenue;
. City of Dubuque agrees to convey all
rights of direct access on Highway 61 on
the following described frontages:
From Sra. 158+ 36 ±ExR/W to Sta
159+70±PL (Lot 3, Mt. Carmel
Subdivision);
From Sta. 161+41±PL to Sta.
161 + 83 ± PL (Lot 1 of Lot 1 of Lot 1
of Sears and Roebuck Co. Subdivision)
to Iowa Department of Transporta-
tion; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written to the
proposal for disposing of the above
described interest in the City of Du-
buque, Iowa to Iowa Department of
Transportation.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of interest
and/or the granting temporary ease-
ments and/or conveying of access control
on the above described real estate as
identified under each category by the
City of Dubuque, Dubuque County, Iowa
to the Iowa Department of Transporta-
tion be and same is hereby approved and
the Mayor be authorized and directed to
execute relevant legal documents with
the Iowa Department of Transportation.
Section 2. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this Resolution
in the offices of the City Assessor, Du-
buque County Recorder, and Dubuque
County Treasurer.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Cbesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Klu~ner, Pratt,
Simon, Voetberg. Nays--None. Absent--
Council Member Krieg.
Communication of City Manager sub-
mitting documents for the bidding pro-
ceduro for remodeling work to be done
in the Administration Building at the
Wastewater Treatment Plant, presented
and read.
Council Member Kluesner moved that
the communication be received and fil-
ed. Seconded by Council Member Voet-
berg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon. Voetberg.
Nays--Non~ Absent--Council Member
Krieg.
RESOLUTION NO. 80-88
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estimated
cost for the Addition and Modifications
of Offices in the Administration Build-
ing at the Wastewater Treatment Plant,
102
in the estimated amount of $32,500.00,
are hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTESq!.
Karan M. Chesterman
Deputy City Clerk
Regular Session8
James E. Brady
Mayor
ATTES~
Karen M. Chsetarman
Deputy City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Counc'd Members Delch, Klusener, Pratt,
Simon, Voetberg. Nays--None. Absent--
Council Member Krieg.
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Kluesner, Pratt,
Simon, Voetherg. Nays--Non~ Absent--
Council Member Krieg.
RESOLUTION NO. 81-88
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
fice of the City Clerk for public inspec-
tion of the Addition and Modifications
of Offices in the Administration Build-
ing at the Wastewater q~eatment Plant.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 2nd day of May,
1988, a public hearing win be held at 7:30
p.m. in the Public Library Auditorium
at which time interested persons may ap-
pear and be heard for or against the pro-
posed plans and specifications, form of
cofitract and cost of said improvement,
and the City Clerk be and is hereby
directed to cause a notice of time and
place of such hearing to be published in
a newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
day fixed for its consideration. At the
hearing, any interested person may ap-
pear and file objections to the proposed
plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this 4th
day of April, 1988.
RESOLUTION NO. 82-88
ORDERING BIDS
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That tho Addition and Modifications
of Offices in the Administration
Building at the Wastewater q~eatment
Plant is hereby ordered to be advortis-
ed for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accompany
each bid shall be in an amount which
shall conform to the provisions of the
notice to bidders hereby approved as a
part of the plans and specification
heretofore ad. opted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Du-
buque, Iowa, which notice shall not be
less than four days nor more than twen-
ty days prior to the receipt of said bids
at 2:00 p.m. on the 21st day of April,
1988. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. on the 2nd day of May, 1988.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chestarman
Deputy City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Regular Session, April 4, 1988
Council Member Voetherg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members De. ich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nonu Absent--
Council Member Krieg.
Communlcation of City Manager re-
questing a Public Hearing be held pro-
vidLng for the granting of an Easement
to ContiCarriers & Terminals, Inc. for the
operation of a railroad track on City-
owned property parallel to Kerpor Blvd.,
presented and read.
Council Member Kluesner moved that
the communication be received and Iff-
ed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich
Kluesner, Pratt, Simon, Voetberg.
Nays--Nong Absent--Council Member
Krieg.
RESOLUTION NO. 83-88
RESOLUTION SETTING FOR
PUBLIC HEARING THE GRANT-
ING OF AN EASEMENT TO
CONTICARRIERS & TERMINALS,
INC. FOR THE CONSTRUCTION
AND/OR OPERATION OF A
RAILROAD TRACK ON CITY
OWNED PROPERTY
WHEREAS, ConfiCarriers & Termi-
nals, Ina, a Delaware Corporation, has
requested an easement for the operation
of a railroad trackage system on City
owned property located on the south side
of Karper Boulevard as shown on the at-
tached Exhibit "A" dated September 28,
1981; and
WHEREAS, in 1985 ContiCarriers &
Terminals, In~, proposed sale of this
system to Illinois Central Gulf Railroad
Company and the City correspondingly
adopted Ordinance No. 74-85 granting
an easement on this same City owned
property for the operation of railroad
trackage system to the Illinois Central
Gulf Railroad Company, Chicago,
Illinois; and
WHEREAS, the transfer of ownership
of the trackage from ConfiCarriers & Ter-
minals, Inc to the Illinois Central Gulf
Railroad Company was never consum-
mated and the trackage still remains
under the ownership of ContiCarriers &
103
Terminals; and the Illinois Central Guff
Railroad system in the Dubuque area
has since been sold to the Chicago, Cen-
tral & Pacific Railroad Company,
Waterloc~ Iowa; and
WHEREAS, ContiCarriers & Ter~
minals, Inc. now desire to retain owner-
ship of the trackage and continues con-
struction and/or operation of a railroad
trackage system on City owned proper-
ty; and
WHEREAS, by adoption of this O~
dinance granting an easement to Conti-
Carriers & Terminals, Inc. will require
rescinding Ordinance Na 74-85 which
granted an easement to the Illinois Cen-
tral Gulf Railroad Company, Chicago,
Illinois for the same property; and
WHEREAS, the term of the easement
to CuntiCarriers & Terminals, Inc. will
be concurrent with an existing lease
which will expire on July 24, 2012 if all
options am exorcised by ContiCarriers &
Terminals, Inc. as provided for in the
lease agreement.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council ten-
tatively approves the rescinding of ease-
ment rights granted to the Illinois Can-
tral Gulf Railroad Company by Ordi-
nance Na 74-85 and approving the grant.
Lng of an easement te ContiCarriers &
Terminals, Ina for operation of a railroad
trackage system on City owned proper-
ty as shown on the attached drawing
"Exhibit A" dated September 28, 1981
and considered a part hereof,
Section 2. That the City Clerk is
hereby authorized and directed to pub-
lish a notice of granting this easement
right in real property as provided under
Section 364.7 - Code of Iowa, 1987 or as
amended.
Passed, approved and adopted this
4th day of April, 1988.
James E. Brady
Mayor
ATTESt.
Karen M. Chesterman
City Clerk
104
R~egular Session, April 4, 1988
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesne~
Simon, Voetberg. Nays--Non~ Absent--
Councll Member Krieg.
Communication of City Manager sub-
mitting documents providing for bid-
ding procedure for the rehabilitation of
2.4 MMG Reservoir on Asbury Road,
presented and read.
RESOLUTION NO. 85-88
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con~
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion of the Rehabilitation of 2.4 MMG
Ground Reservoir on Asbury Road.
Council Member Kluesner moved that
the communication be received and fil-
ed. Seconded by Councll Member Vcet-
berg. Carried by the following vote:
Yeas--Mayor Brady,
Dcich, Kluesner, Pratt, Simon, Voetberg.
Nays--Nons Abeent--Canncil Member
Krieg.
RESOLUTION NO. 84-88
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estimated
cost for the Rehabilitation of 2.4 MMG
Ground Reservoir on Asbury Road. in
the estimated amount of $193,700, are
hereby approved and ordered ffie~
office of the City Clerk for public
inspection.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
City Clerk
NOW, THEREFORE, BE IT RE-
SOLVED that on the 16th day of May,
1988, a public hemqng will be held at 7:30
the Public Library Auditorium
at which time interested persons may ap-
against the pro-
posed plans and specifications, form of
contract and cost of said improvement,
and the City Clerk be and is hereby
directed to cause a notice of time and
place of such hearing to be published in
a newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
day fixed for its consideration. At the
hearing, any interested person may ap-
pear and file objections to the proposed
plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTESt.
Karen M. Chesterman
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Counci! Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nons Absent--
Council Member Krieg.
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Non~ Abeenf~-
Council Member Krieg.
RESOLUTION NO. 86-88
ORDERING BIDS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Regular Session, April 4, 1988
105
That the Rehabilitation of 2.4 MMG
Ground Reservoir on Asbury Road is
hereby ordered to be advertised for bids
for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accompany
each bid shall be in an amount which
shall conform to the provisions of the
notice to bidders hereby approved as a
part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of
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 5th day of May,
1988. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. on the 16th day of May,
1988.
Passed, approved and adopted this 4th
'day of April, 1988.
James E. Brady
Mayor
ATTESt.
Karen M. Chesterman
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Can'ied by
the following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nons Absent--
Council Member Krieg.
Communication of City Manager sub-
mltting documents providing for bid-
ding process for the Rehabilitation -
Roof/Walls for Keyllne Transit Garage,
presented and read.
Council Member Kluesner moved that
the communication be received and fil-
ed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
RESOLUTION NO. 87-88
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estimated
cost for the Rehabilitation -- Roof/Walls
for Keyline Transit Garage~ in the esti-
mated amount of $495,000.00, are hereby
approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Kamn M. Chesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady.
Council Members Deich, Kinesner, Pratt,
Simon, Voetberg. Nays--Nons Absent--
Council Member Krieg.
RESOLUTION NO. 88-88
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion of the Rehabilitation -- Roof/Walls
for Keyline Transit Garage.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 16th day of May,
1988, a public hearing will be held at 7:30
Ixm. in the Public Library Auditorium
at which time interested persons may ap-
pear and be heard for or against the pro-
posed 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
)lace of such hearing to be published in
a newspaper having general circulation
106
Reg__ular Session, April 4, 1988
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to tho
day fixed for its consideratian. At the
hearing, any interested person may ap-
pear and file objections to the proposed
plans, specifications, contract, or esti-
mated cost of the improvement.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nonn Absent--
Council Member Krieg.
RESOLUTION NO. 89-88
ORDERING BIDS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA.
That the Rehabilitation - Roof/Wails
for Keyfine Transit Garage is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accompany
each bid shall be in an amount which
shall conform to the provisions of the
notice to bidders hereby approved as a
part of the plans and specifications
heretefom adopted.
That the City Clerk is hereby directed
to advertise f~r bids for the construction
of the improvements bemln provided, to
be published in a newspaper having
general circulation in the City of Du-
buque~ Iowa, which notice shall not be
less than four days nor more than twen-
ty days prior to the receipt of said bids
at 2:00 p.m. on the 5th day of May, 1988.
Bids shall be opened and read by the
City Clerk at said time and will be sub-
witted to the Council for final action at
7:30 p.m. on the 16th day of May, 1988.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Kamn M. Chesterman
Deputy City Clerk
Council Member Klueaner moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Doich, Kluesner, Pratt,
Simon, Vcetberg. Nays--Nong Absent--
Council Member Krieg.
Communication of City Manager sub-
witting bidding documents for the
relocation of an existing 30" Sanitmy
Sewer Force Main required for the con-
struction of Relocated 61 through the
City, presented and read.
Council Member Khiesner moved that
the communication be received and fil-
ed. Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Khiesner, Pratt, Simon, Voetberg.
Nays--Non~ Absent--Council Member
Krieg.
RESOLUTION NO. 90-88
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estimated
cost for the Relocation of 30" Foreemaln,
14th Street to 11th Street, in the esti-
mated amount of $166,524.60, are hereby
approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chestermun
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Regular Session, April 4, 1988
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Coundl Members Deich, Khiesner, Pratt,
Simon, Vcetberg. Nays--Nons Absent--
Council Member Krieg.
RESOLUTION NO. 91-88
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary appr~vhl on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion of the Rolocation of 30" Foreemain,
14th Street to 11th Street.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 2nd day of May,
1988, a public hearing will bo held at
7:30 p.m. in the Public Library Audi-
torium at which time interested persons
may appear and be heard for or against
the proposed plans and speclficatens,
form of contract and cost of said im-
provement, and the City Clerk be and is
hereby directed to cause a notice of
time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque,
Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the day fixed for its con-
sideration. At the hearing, any interested
person may appear and file objections to
the proposed plans, specifications,
contract, or estimated cost of the
improvement.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTESq!.
Karen M. Chesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Khiesner, Pratt,
Simon, Voetberg. Nays--Non~ Absent--
Council Member Krieg.
107
RESOLUTION NO. 92-88
ORDERING BIDS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the Relocation of 30" Forcemain,
14th Street to llth Street is hereby
ordered t~) be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accompany
each bid shall be in an amount which
shall conform to the provisions of the
notice to bidders hereby approved as a
part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Du-
buque, Iowa, which notice shall not be
less than four days nor more than twen-
ty days prior to the receipt of said bids
at 2:00 p.m. on the 21st day of April,
1988. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Counc'fl for final action
at 7:30 p.n~ on the 2nd day of Ma~ 1988.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Raren M. Chesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Khiesner, Pratt,
Simon, Vcetberg. Nays--None. Absent--
Council Member Krieg.
Communication of City Manager re-
commending to deny the request of Wm.
Daugherty to vacate the unused portion
of Tenth St. right-of-way between Locust
St. and Bluff St., presented and read.
Mr. Daugherty of 397 W. 10th spoke
to the communication. Council Member
108
Regular Session, April 4, 1988
Simon moved that the communication
be mcaived and flied and approved the
recommendation to deny. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brad~;
Council Members Deich, Kluesner, Pratt
Simon, Vcotberg. Nays--Nona Absant~-
Council Member Krieg.
Communication of City Manager
responding to letter received from
Kinuer Mfg. Ca regarding parking on
Roosevelt St. Extension and recommen-
ding the adoption of two Ordinances
with reference to said parking; Com-
munication of Klaue~ Mfg. Ca, Riverside
Tracter-Trailer Ca, & Rowlay Interstate
Transportation Ca, Inc requesting that
the City proceed with the two hour park-
lng restriction, but fully enforcing a pro-
hibition on parking within five (5) feet
of a flm hydrant, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member Daich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich
Kluoaner, Pratt, Simon, Voetborg.
Nays--Non~ Absent--Council Member
Krieg.
ORDINANCE NO. 20-88
AN ORDINANCE AMENDING SEC-
TION 25-274 OF THE CITY OF DU-
BUQUE, CODE OF ORDINANCES,
PROVIDING FOR FINES FOR
PARKING VIOLATIONS, BY RE-
PEALING SUBSECTION (1) THERE-
OF RELATING TO OVERTIME
PARKING, DOUBLE PARKING AND
ANY OTHER STANDING OR PARK-
ING VIOLATION, AND ADOPTING
A NEW SUBSECTION (8), RELAT-
ING TO OVERTIME PARKING,
DOUBLE PARKING AND ANY
OTHER STANDING OR PARKING
VIOLATION: AND BY ADDING
THERETO A NEW SUBSECTION (8)
PROVIDING FOR THE FINE FOR
PARKING WITHIN FIVE (5) FEET
OF A FIRE HYDRANT IN VIOLA-
TION OF SECTION 25-256(4), OF THE
CITY OF DUBUQUE, CODE OF OR-
DINANCES~ presented and read.
ORDINANCE NO. 20-88
AN ORDINANCE AMENDING
SECTION 25-274 OF THE CITy
OF DUBUQUE, CODE OF ORDI.
NANCES, PROVIDING FOR FINES
FOR PARKING VIOLATIONS, BY
REPEALING SUBSECTION (1)
THEREOF, RELATING TO OVER-
TIME PARKING, DOUBLE PARK-
ING AND ANY OTHER STANDING
OR PARKING VIOLATION, AND
ADOPTING A NEW SUBSECTION
(8), RELATING TO OVERTIME
PARKING, DOUBLE PARKING AND
ANY OTHER STANDING OR PARK-
ING VIOLATION: AND BY ADDING
THERETO A NEW SUBSECTION (8)
PROVIDING FOR THE FINE FOR
PARKING WITHIN FIVE (5) FEET
OF A FIRE HYDRANT IN VIOLA-
TION OF SECTION 25-256(4), OF THE
CITY OF DUBUQUE, CODE OF OR-
DINANCES.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1: Section 25-274{1) of the City
of Dubuque, Code of Ordinances, is
hereby repealed.
Section 2: The following new Section
25-274(1) is hereby adopted:
(1) Overtime parking, double park-
ing and other standing or parking viola-
tion. If paid within seventy-two (72)
hours from time of violation as indicated
on the notice, such fine shall be the sum
of two dollars ($2.00), unless otherwise
~rovided for in this Code; if not paid
within seventy-two (72) hours, such fine
shall be the sum of three dollars ($3.00).
Section 3: The Code of Ordinances of
the City of Dubuque, Iowa is amended
by adding thereto the following new
Subsection:
(8) Parking within five (5) feet of a
fire hydrant, as provided in Section
25-256(4) of this Chapter. If paid within
seventy-two (72) hours from time of
violation as indicated on the notice, such
fine shall be in the sum of five dollars
($5.00); if not paid within seventy-two
(72) hours, such fine shall be in the sum
of seven dollars ($7.00).
Section 4: This ordinance shall be in
full force and effect immediately upon its
Regular Session, April 4, 1988
109
final adoption and publication as previd-
od by law.
passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Cbesterman
Deputy City Clerk
Council Member Simon moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a pmpased 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 Mem-
ber Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dcich, Kluesner, Pratt, Sin~on, Voetberg.
Nays--Non~ Absent--Council Member
Krieg.
ORDINANCE NO. 21-88
'AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 25-256(4).
PROHIBITING PARKING WITHIN
FIVE (5) FEET OF A FIRE HY-
DRANT, AND ADOPTING THE FOL-
LOWING NEW SECTION 25-256(4),
PROHIBITING PARKING WITHIN
FIVE (5) FEET OF A FIRE HY-
DRANT, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 21-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 25-256(4),
PROHIBITING PARKING WITHIN
FIVE (5) FEET OF A FIRE
HYDRANT, AND ADOPTING THE
FOLLOWING NEW SECTION 25-
256(4), PROHIBITING PARKING
WITHIN FIVE (5) FEET OF A FIRE
HYDRANT
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section h The Code of Ordinances of
the City of Dubuque, Iowa is hereby
amended by repealing Section 25-256(4).
Section 2: The Code of Ordinances of
the City of Dubuque, Iowa is hereby
amended by adding the following new
Section 25-256(4):
Sec. 25-256. Prohibited in specified
places.
No person shall step, stand, or park a
vehicle, except when necessary to avoid
conflict with other traffic or in com-
pliance with the directions of a police of-
ricer or traffic-control device, in any of
the following places:
(4) Within five (5) feet on either side of
the point on the curb nearest to a fire
hydrant.
Section 3: This Ordinance shall be in
hill force and effect immediately upon its
final adoption and publication as provid-
ed by law.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
Deputy City Clerk
Council Member Simon moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Mem-
ber Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich~ Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Communication of City Manager
recommending loan of $150,000 Com-
munity Development Funds to Dubuque
In Futur~ In~ for extension of Dubuque
Industrial Center, presented and read.
Council Member Simon moved that
the communication be received and
110
Regular Session, April 4, 1988
filed. Seconded by Council Member
Pratt. Carried by the renewing vote:
yeas--Mayor Brady, Council Member
Daleh, Kluesner, Pratt, Simon, Vo~tberg.
Nays--Nona Absent--Council Member
Krieg.
RESOLUTION NO. 93-88
A RESOLUTION AUTHORIZING
ACCEPTANCE OF AN AGREE-
MENT PROVIDING FOR THE
LOAN OF $150,000 COMMUNITY
DEVELOPMENT FUNDS TO
DUBUQUE IN-FUTURO, INC. FOR
EXTENSION OF DUBUQUE
INDUSTRIAL CENTER.
WHEREAS, the City of Dubuque,
Iowa and Dubuque In-Future, Ina, have
entered into a Memorandum of Agree-
ment dated August 17, 1981, and have
therein provided for the assignment to
Dubuque In-Future, Inc. of respon-
sibilities for the management and fur-
ther development of the Dubuque In-
dustrial Center; and
WHEREAS, Dubuque In-Future, Ina
has now sold or optinned more than one
half of the sites in Dubuque Industrial
Center; and
WHEREAS, there is a need for addi-
tional land for industrial development in-
cluding particular sites with raft acees~
and
WHEREAS, Dubuque In-Futur~ In~
has negotiated the purchase of 50 acres
of property immediately west of the
Dubuque Industrial Center; and
WHEREAS, Dubuque In-Futur~ Ina
has requested that the City of Dubuque
lend to Dubuque In-Future, Ina funds
in the amount of $150,000.00 to be used
to aqnire additional land Ior the exten-
sion of Dubuque Industrial Center; and
WHEREAS, a Loan Agreement and
accompanying Promissory Note with
Dubuque In-Future, Inc., have been
prepared and the same are attached
hereto and by this reference made a part
hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of the
City of Dubuque, Iowa hereby finds and
determines that a public purpose is to
be served by the loan of funds to D~-
buque In-Future, Ina
Section 2. That the Mayor and the
City Clerk be and they are hereby
authorized and directed to endorse the
acceptance of the City of Dubuque, Iowa
upon the Loan Agreement hereto attach-
ed, providing for a loan of $150,000.00
to Dubuque In-Future, Ina, according to
terms specified therein.
Section 3. That the City manager be
and he is hereby authorized to disburse
funds according to the Loan Agreement
from Community Development Funds.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
Deputy City Clerk
Council Member Simon moved adop-
tion of the Resolutinn. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nona Absent--
Council Member Krieg.
Communication of City Manager
recommending establishment of an Ur-
ban fienewal District in the Dubuque
Industrial Center, presented and read.
Council Member Simon moved that
the communication bo received and fil-
ed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dalch,
Kluesner, Pratt, Simon, Voetberg.
Nays--Nona Absent--Council Member
Krieg.
RESOLUTION NO. 9~88
A RESOLUTION OF NECESSITY
FINDING THAT THE DUBUQUE
INDUSTRIAL CENTER IS AN
ECONOMIC DEVELOPMENT
AREA AND THAT DEVELOP-
MENT OF SAID AREA IS
NECESSARY IN THE INTEREST
Regular Session, A~ril 4, 1988
OF THE RESIDENTS OF THE
CITY OF DUBUQUE, IOWA.
WHEREAS, Dubuque In-Future, Ina
believes that the designation of the
Dubuque Industrial Center as an
economic development/urban renewal
ama will enhance its attractiveness as a
potential site for new and expanding
businesses; and
WHEREAS, th~ (~ity Council has con-
sidered said request and believes that the
designation will supplement the City of
Dubuque's existing economic develop-
ment programs by providing additional
financial incentives to business in-
terested in relocating to or expandingin
the community; and
WHEREAS, the City Manager has
presented an urban renewal plan for the
project ama, hereto attached as EX-
HIBIT A, which is preliminary and sub-
ject to modifications prior to its adop-
tion; and
WHEREAS~ the Iowa Urban Benewal
Law requires that before urban renewal
.powers may be exercised, a City Coun-
cil must adopt a resolution finding that
the area in question is a slum area, a
blighted areg~or an economic develop-
ment area and designating such area as
appropriate for urban renewal activities;
and
WHEREAS, the City of Dubuque is
required by the Iowa Urban Renewal
Law to provide the Planning and Zon-
ing Commission an opportunity to
review and comment upon the proposed
urban renewal plan.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the following describ-
ed area, to be known as the "Dubuque
Industrial Center Economic Develop-
ment District," is an economic develop-
ment area as defined by Chapter 403 of
the Iowa Code and is appropriate for an
urban renewal project; to wit:
The Northeast one quarter of the
Southwest one quarter and Lot 1
of Lot i of the Southeast one
quarter of the Southwest one
111
quarter of Section 29 Township 89
North, Range 2 East, Dubuque
Township, Dubuque County, Iowa
and that portion of Radford Read
and the adjoining public right-of-
way; Lot 3-1 of the Dubuque In
dustrial Center First Addition;
Lot 1-2 of the Dubuque Industrial
Center Sixth Addition and that
portion of Future Court and the
adjoining public right of way; Lot
1-2 and Lot 2-2 of the Dubuque
Industrial Center Fifth Addition
and that portion of Chavenelle
Road and the adjoining public
right-of-way; Lot i of the Du-
buque Industrial Center Second
Addition and that portion of
Chavenalle Road and the adjoin-
ing public righi~of-wa~.
Section 2. That the development of
said area is necessary in the interest of
the public health, safety, or welfare of the
residents of the City of Dubuque, Iowa.
Section 3. That the Planning and Zon-
ing Commission of the City of Dubuque
is hereby requested to review the propos-
ed urban renewal plan, attached hereto
as EXHIBIT A, and to make written
recommendations as to its conformity
with the general plan for the develop-
ment of the City of Dubuque.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
Deputy City Clerk
Council Member Simon moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nena Absent--
Council Member Krieg.
Communication of City Manager re-
commending approval of City support
for relocation and expansion of Metrix
Co., presented and read.
Council Member Simon moved that
the commuhicat~ion be received and fil-
ed. Seconded by Council Member Pratt.
112
Regular Session, April 4, 1988
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deice
Klueener, Pratt, Simon, Voetberg.
Nays--Non~ Absent--Council Member
Krieg.
RESOLUTION NO. 95.88
A RESOLUTION CONSENTING
TO A VARIANCE FROM THE
PRICING S~RUCTURE OF A
DISPOSITION SITE IN THE
DUBUQUE INDUSTRIAL CENTER.
WHEREAS, the City of Dubuque,
Iowa and Dubuque In-Futuro~ Inc. have
entered into a Memorandum of Agree-
ment, dated August 17, 1982; and
WHEREAS, Section 6 of the afore-
mentioned Memorandum of Agreement
provides that Dubuque In-Futoro, Inc.
shall not enter into contracts or agree-
ments for the disposition of industrial
sites in the project at less than fair
market value thereof without the writ-
ten consent of the City in each case; and
WHEREAS. the City Council adopted
Resolution No. 82-85, dated the 15th of
March 1985, establishing tho pricing
structure of disposition sites in the
Dubuque Industrial Center; and
WHEREAS, the Board of Directors of
Dubuque In-Future, Inc. has requested
the City Council to Consent to tho
disposition of a site in the Dubuque In-
dustrial Center to the City of Dubuque
at less than fair market value as set forth
in Resolution No. 82-85.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF. THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of the
City of Dubuque, Iowa hereby finds and
determines that a public purpose is to
be served by the sale of a certain site in
the Dubuque Industrial Center to the
City of Dubuque at less than fair market
value.
Section 2. That the Board of Directors
of Dubuque In-Futura Inc. is hereby
authorized to sell approximately 9.77
acres to the City of Dubuque, Iowa at
$0.34 per square foot in lieu of the $0.65
per square foot base prices established
by Resolution No. 82-85.
Section 3. That this Resolution shall
constitute the written consent of the
City of Dubuque to the disposition of au
industrial site in the Dubuque Industrial
Center at less than fair market value as
required by Section 6 of the Memoran-
dum of Agreement between the City of
Dubuque and Dubuque In-Future, Inc.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTESt.
Karen M. Chesterman
Deputy City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--None Absent--
Council Member Krieg.
RESOLUTION NO. 96-88
A RESOLUTION AuTHoRIZING
THE PREPARATION AND
EXECUTION OF AN OPTION
AGREEMENT TO PURCHASE
LAND IN THE DUBUQUE IN-
DUSTRIAL CENTER. '
WHEREAS, Dubuque In-Futura Ina
is the owner of Lot 1 of Lot 2 of Lot 2
in the Dubuque Industrial Center, Fifth
Addition; and
WHEREAS, The City of Dubuque is
interested in acquiring an option to pur-
chase said parcel; and
WHEREAS, the City Council intends
to enter into an option agreement on said
parcel for the purposes of resale of the
site to the Metrix Company; and
WHEREAS, the proposed sales price
of the property, representing 425,581
square feet of area for $0.34 per square
foot, is $144,697.54.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Manager be
and he is hereby authorized and directed
Regular Session, April 4, 1988
to prepare and execute on behalf of the
City of Dubuque an option to purchase
the following described real estate from
Dubuque In-Future, Inc. for an amount
not to exceed $144,697.54 to wit:
Lot 1 of Lot 2 of Lot 2 in the
Dubuque Industrial Center Fifth
Addition, in the City of Dubuque,
Iowa.
Passed, approved and adopted this 4th
day of April, 1988.-
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
Deputy City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady.
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--None Absent--
Council Member Krieg.
RESOLUTION NO. 97-88
A RESOLUTION AUTHORIZING
THE FILING OF A COMMUNITY
ECONOMIC BETTERMENT AC-
COUNT GRANT APPLICATION
ON BEHALF OF THE METRIX
COMPANY RELOCATION AND
EXPANSION PROJECT
WHEREAS, The Metrix Company
has proposed the relocation and expan-
sion of its existing medical plastics and
blood serum operations to the Dubuque
Industrial Center; and
WHEREAS, the City Council of
Dubuque, Iowa has considered said pro-
posal and has determined that it will
contribute to the local economy; and
WHEREAS, the Community Eco-
nomic Betterment Account (CEBA) pro-
gram has been created by the Iowa
Department of Economic Development
to assist in the economic development
efforts of local jurisdictions; and
WHEREAS, the City of Dubuque,
Iowa is eligible te apply for funding from
the Community Economic Betterment
Account program as defined in House
113
File 225, Acts of the 71st General
Assembly.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the filing of an applica-
tion for participation in the Iowa Com-
munity Economic Betterment Account
program in behalf of The Metrix Com-
pany relocation and expansion project is
approved.
Section 2. That the City Manager be
and he is hereby authorized to execute
and submit said application to the State
of Iowa Development Commission and
other appropriate agencies together with
such documents as may be required.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTESt.
Karen M. Chesterman
Deputy City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deice Kluesner, Pratt,
Simon, Voetberg. Nays--Nong Absent--
Council Member Ktieg.
Communication of City Manager
recommending the approval of vofun~ry
annexation request of approx. 55 acres
located at the southeast and southwest
corners of the intersection of Highway
61/151 and 52, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kinesner, Pratt, Simon, Voetberg.
Nays--Non~ Absent--Council Member
Krieg.
RESOLUTION NO. 98-88
A RESOLUTION ANNEXING ALL
OF LOT 2 OF KEY GATE CENTER
AND ALL OF LOT 3 WEST OF
THE TABLE MOUND TOWNSHIP
114
LINE OF KEY GATE CENTER TO
THE CITY OF DUBUQUE, IOWA.
Re__._gular Session, April 4, 1988
Passed, approved and adopted this 4th
day of April, 1988.
WHEREAS Dubuque South Gate
Development, Ltd. and Key Gate Center
Partnership as owners of an area appmx-
imately 55 acres in size lying immediate.
ly adjacent to the City of Dubuque, Iowa
have voluntarily petitioned for annexa-
tion of said territory to the City of Du-
buque; and
WHEREAS, Chapter 368 of the Code
of Iowa authorizes the extension of City
limits in situations of this character by
the adoption of a Resolution; and
WHEREAS, the future growth and
development of the City of Dubuque,
Iowa make it desirable that said ter-
ritory be made part of the City of
Dubuque, Iowa.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the territorial limits of
the City of Dubuque, Iowa be and they
are hereby extended to include the area
comprising the following described real
estate to wit:
All of Lot 2 of Key Gate Center and
all of Lot 3 west of the Table Mound
Township line of Key Gate Center in
Table Mound Township, Dubuque Coun-
ty, Iowa.
Provided that it is intended that no
portion of any public read right-of-way
shall hereby be annexed. The property
to be annexed is shown on the attached
map marked Exhibit A.
Section 2. That the territory hereby
annexed shall become a part of the First
Ward, 13ch Precinct of the City of
Dubuque, Iowa
Section 3. That the City Clerk be and
she is hereby authorized and directed to
submit a certified copy of this Resolu-
tion, along with the attached nmp, to the
State Department of ~ll'anspor ration, the
Secmtery of State, the City Development
Board and the County lqecotder in ascor-
dance with provisions of Chapter 368 of
the Code of Iowa.
James E. Brady
Mayor
ATTES~
Karen M. Cbesterman
Deputy City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Absent--Council Member Krieg.
Communication of City Manager re-
questing approval of resolutions anther-
ming execution of Agreements between
the City, the IA Dept. of Economic
Development and Advanced Data-
Comm., Inc. and a Loan Agreement bet-
ween the City and Advanced Data-
Comm., presented and read.
Council Member Kluasner moved that
the communication be received and fil-
ed. Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
ncr, Krieg, Pratt, Simon, Voetberg.
Nays--Non~ Abetain--Council Member
Deich.
RESOLUTION NO. 99-88
A RESOLUTION AUTHORIZING
THE EXECUTION OF A COM-
MUNITY ECONOMIC BETTER-
MENT ACCOUNT GRANT AGREE-
MENT WITH THE IOWA DE-
PARTMENT OF ECONOMIC
DEVELOPMENT AND ADVANCED
DATA-COMM, INC.
WHEREAS, the Community Eco-
nomic Betterment Account program has
been created by the Iowa Department of
Economic Development to assist in the
economic development efforts of local
jurisdictions; and
WHEREAS, the City of Dubuque,
Iowa has been awarded a one hundred
thousand dollar ($100,000) grant from
the Community Economic Betterment
Account (CEBA) program by the Iowa
Department of Economic Development;
and
Re___.gular Session, April 4, 1988
WHEREAS, the City of Dubuque,
Iowa desires to assist Advanced Data-
Corem, Ing in its efforts to establish a
new telemarketing service within the
community; to create new permanent
employment opportunities for ita
citizens; and to encourage the exporte-
tion of Iowa services; and
WHEREAS, a CEBA Grant Agree-
ment is to be executed between the Iowa
Department of Economic Development,
Advanced Data-Comm, Inc. and the
City of Dubuque, Iowa and the same
hereto attached and by this reference
made a part hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.
Section 1. That the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to endorse the accep-
tance of the City of Dubuque, Iowa upon
the Grant Agreement hereto attached.
Section 2. That the City Manager be
and he is hereby authorized to disburse
.a maximum of one hundred thousand
dollars ($100,000) in grant funds to Ad-
vanced Data-Corem, In~ from the Com-
munity EconOmic Betterment Account
Program, in accordance with the term~
and conditions of Grant Agreement
hereto attached.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTESt.
Karen M. Chesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deice Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Absent--Council Member Krieg.
RESOLUTION NO. 100-88
RESOLUTION AUTHORIZING
THE EXECUTION OF A COM-
MUNITY DEVELOPMENT BLOCK
GRANT LOAN AGREEMENT WITH
ADVANCED DATA-COMM. INC.
115
WHEREAS, under provisions of Title
I of the Housing and Community
Development Act of 1974, as amended,
the City of Dubuque has received Com-
munity Development Block Grant
Funds for the purpose of stimulating
economic development activities within
the community; and
WHEREAS, the City of Dubuque,
Iowa desires to assist Advanced Data-
Cornm, In~ in its efforts to establish a
new telemarketing service in the com-
munity; to create new permanent em-
ployment opportunities for its citizens;
and to encourage the exportation of Iowa
services; and
WHEREAS, a Loan Agreement is to
be executed by Advanced Data-Comm.,
Inc and the same hereto attached and
by this reference made a part hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BYTHE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to endorse the accep-
tance of the City of Dubuque, Iowa upon
tho Loan Agreement hereto attached,
awarding a one hundred and twenty-five
thousand dollar ($125,000) loan to Ad-
vanced Data-Comm, Inc., according to
the terms specified therein.
Section 2.That the City Manager be
and he is hereby authorized to disburse
loan funds from the Community Devel-
opment Binck Grant entitlement fund,
in accordance with the terms and con-
ditions of the Loan Agreement hereto
attached.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTESq~
Karen M. Cbesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
CouncilMembers Deict~ Kluesner, Pratt,
Simon, Voctberg. Nays--Nona Absent--
Council Member Krieg.
116
Regular Session, April 4, 1988
Communication of City Manager re-
questing approval of a Community
Economic Betterment Account Grant
Agreement with the IA Dept. of
Economic Development and Carlisle
Communications, Ltd., presented and
read.
Council Member Klueaner moved that
the communication be received and fil-
ed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
net, Pratt, Simon, Voetberg. Nays--
None Abstain--Council Member Deich.
Absent--Council Member Ktieg.
RESOLUTION NO. 101-88
A RESOLUTION AUTHORIZING
THE EXECUTION OF A COM-
MUNITY ECONOMIC BETTER-
MENT ACCOUNT GRANT AGREE-
MENT WITH THE IOWA DEPART-
MENT OF ECONOMIC DEVELOP-
MENT AND CARLISLE COM-
MUNICATIONS, LTD.
WHEREAS, the Community Eco-
nomic Betterment Account program has
been created by the Iowa Department of
Economic Development to assist in the
economic development efforts of local
jutisdictinnsi and
WHEREAS, the City of Dubuque,
Iowa has been awarded a $125,000 grant
from the Community Economic Better-
ment Account (CEBA) program by the
Iowa Department of Economic Develop-
ment; and
WHEREAS, the City of Dubuque,
Iowa desires to assist Carlisle Com-
munications, Ltd. in its efforts to
relocate and expand its existing opera-
tions; to create permanent employment
opportunities for its citizens; and to
encourage the exportation of Iowa ser-
vices; and
WHEREAS, a CEBA Grant Agree-
ment is to be executed between the Iowa
Department of Economic Development,
Carlisle Communications, Ltd. and the
City of Dubuque, Iowa and the same
hereto attached and by this reference
made a part hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to endorse the accep-
tance of'the City of Dubuque, Iowa upmi
the Grant Agreement hereto attached.
Section 2. That the City Manager be
and he is hereby authorized to disburse
grant funds to Carlisle Communications,
Ltd. from the Community Economic
Betterment Account Program, in accor-
dance with the terms and conditions of
Grant Agreement hereto attached.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTESt.
Karen M. Chesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kfuesner, Pratt,
Simon, Voetberg. Nays--None Absent--
Council Member Krieg. Abstain--
Council Member Deich.
Proof of publication, certified to by the
Publisher, on Notice to bidders of the
Receipt of Bids for the construction of
1987 PC. Concrete Paving Project AND
Communication of City Manager recom-
mending to award contract for above to
Techiggfrie Excavating in the amount of
$682,540.73 which is 23.2% under
estimate, presented and read.
Council Member Kluesner moved that
the proof of publication and communica-
ti0n be received and filed. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Member Deice Kluesner, Pratt,
Simon, Voetberg. Nays--None Absent--
Council Member Krieg.
RESOLUTION NO. 102-88
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
Regular Session, April 4, 1988
117
1987 Concrete Paving Project Loras
Boulevard from University Avenue to
Walnut Street pursuant to Resolution
No. 47-88 and notice to bidders publish-
ed in a newspaper published in the City
of Dubuque, Iowa on the 23rd day of
February, 1988 and the 8th day of
March, 1988.
WHEREAS, said sealed proposals
were opened and read on the 22nd day
of March, 1988 and it has been determin-
ed that the bid of Tschiggfrio Exca-
vating of Dubuque in the amount of
$682,540.73 was the lowest bid for the
furnishing 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 Tschiggfrie Ex-
cavating and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
Deputy City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second by
Council Member Voetberg. Carried by
the following vote: Yeas-- Mayor Brady,
Council Members Daich, Ktuesner,
Ktieg, Pratt, Simon, Voetberg. Nays--
None Absent--Council Member Krieg.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
Receipt of Bids for the construction of
1987 Asphalt Paving Project AND Com-
munication of City Manager recommen-
ding to award contract for above to River
City Paving Ca in the amount of
$638,346.76 which is 29.4% under
estimate, presented and read.
Council Member Kluesner moved that
the prcof of publication and communica-
tion be received and filed. Seconded by
Council Member Voetberg. Carried by
the IoRewing vote: Yeas--Mayor Brady,
Council Members Deice Kluesner, Pratt,
Simon, Voetberg. Nays--None Absent--
Council Member Krieg.
RESOLUTION NO. 103-88
AWARDING CONTRACT
WHEREAS. sealed proposals have
been submitted by contractors for the
1987 Asphalt Paving Project pursuant
to Resolutian N(x 43-88 and notice to bid-
ders published in a newspaper publish-
ed in the City of Dubuque~ Iowa on the
23td day of February and the 8th day of
March, 1988.
WHEREAS, said sealed proposals
were opened and read on the 24th day
of MarcE 1988 and it has been determin-
ed that the bid of River City Paving of
Dubuque in the amount of $638,346.76
was the lowest bid for the furnishing 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 River City Pav-
ing and the Manager be and is hereby
directed to execute a contract on behalf
of the City of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approval and adoPted this 4th
day of April, 1988.
James E. Brady
Mayor
120
Regular Session April 4, 1988
NOW, THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque~ Iowa, that the Manager be
authorized to cause to be issued to th,
following named appllcant(s~ a Liquor
License.
CLASS "C' (COMMERCIAL) BEER
AND LIQUOR LICENSE
Jeannine A. Kersch
Idle Hour 1555 Central
(Also Sunday Sales)
Knights of Columbus Council 510
781 Locust St.
(Also Sunday Sales)
John Noonan
Noonan's Tap 1686 Central
(Also Sunday Sales)
Clair A. Woodman
Central Tap 1046 Central
Judith A. Boteford
Betsy's 1027 Rhomberg
CLASS "E' LIQUOR LICENSE
B & M Convenient Marts, Inc.
Oky Doky//7 3301 Pennsylvania
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTESt.
Karen M. Cbesterman
Deputy City Clerk
Council Member Deich moved adop-
tion of the Resolution. Second by Coun-
cil Member Voetberg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Absent--Council Member Krieg.
Printed Council Proceedings for the
months of November and December,
1987, presented and read.
Council Member Deich moved that the
proceedings be approved as printed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
MINUTES SUBMITTED: Airport
Commission of 3-8 and 3-14; Cable TV
Regulatory Commission of 3-16; Cable
Community Telepmgramming Comm. Of
3-1; Civil Service Comm. of 2-17; Elec-
trico/Examining Bd. of 3-8 & 3-22; Five
Flags Commission of 3-21; Historic
Preservation Comm. of 3-8 & 3-22; Hous-
ing Comm. of 3-8; Public Library Bd. of
Trustees of 3-15; Mechanical Bd. qf 3-8;
Park & Recreation Comm. of 3-8; Tran-
sit Trustee Bd. of 3w10; Planning and
Zoning Comm. of 3-2; Zoning Bd. of Ad-
justment of 3-10; Human Rights Comus.
of 3-4, presented and read.
Council Member De/ch moved that the
minutes be received and filed. Seconded
by Council Member Simon. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Fratt,
Simon, Voetberg. Nays--Nona Absent--
Council Member Krieg.
NOTICES OF CLAIMS/SUITS: Matt
Catron in amount of $161.43 for car
damages; Merlin A. Digman in amount
of $95.22 for car damages; Dubuque
County Sheriff's Dept. in amount of
$256.18 for property damages; Charlotte
Hanley in amount unkuown for personal
injuries; Hobart Sales & Service in
amount of $68.46 for car damages; Stella
Jocimm in amount of $500 for sewer
back-up damages; Clarence Meyer in
amount of $72 for car damages; Mrs.
Howard Neal in amount of $20,000 for
personal injuries; Jerry Pins in amount
of $302.28 for car darnoges; Schiueter In-
surance, on behalf of Lime Rock Springs,
in est. amount of $205.42 for car
damages; Charles J. Schnee in amount
of $10,000 for backed-up sewer damages;
Jeff Smith in amount of $200 for car
damages; Ruth Trausch in amount of
$161.16 for car damages; Harry Vanden-
berg in amount of $125 for car damages,
~resented and read.
Council Member Dcich moved that the
claims and suits be referred to the Legal
Staff for investigation and report. Se-
conded by Council Member Simon. Car-
ried by the following vote: Yeas-- Mayor
Brady, Council Members Deich, Klues-
ncr, Pratt, Simon, Vcotberg. Nays--
None. Absent--Council Member Kcieg.
Regular Session, April 4, 1988
121
Communication of Corporation
Counsel recommending closure/denial of
following claims: Car damage claim of
Rick Jacobs; Sewer back-up damages of
stona Jochum; Car damages of Rick
McDonough; Sewer back-up claim of
Stephen Slattery; Car damage of Diane
Unsen; Car damage of Gene Geisen; Pro-
perty damage of Interstate Power Co.
Car damage of Robert Kaesbauer; Car
damage of Betty Swartz, presented and
Council Member Deich moved that the
communications be received and filed
and approved recommendatinna Second-
ed by Council Member Simon. Carried
by the following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Vcetberg. Nays--Nona Absent--
Council Member Krieg.
Communication of Corporation
Counsel submitting Supreme Court opi:
nions in City of Dubuque, et al vs.
Dubuque Racing Assn., Ltd. vs. Wood-
ward Communications, Inc and Paula
Post Salcbert et al vs. State of IA, et al,
presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brad~ Council Members Dalch,
Kluesner, Pratt, Simon, Voetberg.
Nays--None Absent--Council Member
Krieg.
Proof of publication, certified to by the
Publisher, on List of claims for month
of January, 1988; AND City Manager
submitting Financial Reports for the
month of February, 1988, presented and
read.
Council Member Deich moved that the
proof and report be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brad~ Council Members Deich,
Kluesner, Pratt, Simon, Voetberg.
Nays--Non~ Absent--Council Member
Kriog.
IA DOT Submitting an Amendment
to Application and Amendment of
Notice regarding property owned by
Miller Electric Supply, Inc. in the mat-
ter of the condemnation of certain rights
in land for Primary Road U.S. No. 61;
Notice~ of Dismissal hi matter of con-
demnation for Primary Road U.S. 61 for
properties owned by Dubuque Screw
products, Inc; Donald Engstrom; Frank
Hardie Advertising, presented and read.
Council Member Deich moved that the
amendment and notices be received and
filed. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Doich, Kluesner, Pratt, Simon, Voetberg.
Nays--Non~ Absent--Council Member
Krieg.
Communication of Barbara Block
commenting on litter that is over the
west side of Dubuque along Highway 20,
presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the renewing vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Simon, Voetberg.
Nays--Nona Absent--Council Member
Krieg.
Petition of Richmxl and Mary Kay
Avenarious requesting vacating of por-
tion of Merz Street, presented and read.
Council Member Deich moved that the
)etition be referred te the City Manager
and Staff. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon, Voetberg.
Nays--Non~ Absent--Council Member
Krieg.
Communication of United States
Coast Guard submitting comments and
concerns regarding development of the
Dubuque Municipal Harbor Area; Com-
munication of Attorney Jeff Tranel ex-
pressing appreciation to Council for will-
ingness to spend additional time con-
coming the Fourth Street Peninsula zon-
ing issues AND Communication of Du-
buque T~ine Ca expressing "Thanks"
for being allowed to express their con-
cerns about the Waterfront District
Plan, presented read.
Council Member Deich moved that the
communications be received and filed.
Seconded by Council Member Simon.
122
Regular Session, 4, 1988
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Kluesner, Pratt. Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Communication of City Manager m-
questing to publish Notice of Environ-
mental Review Findings for Advanced
Data-Comr~, In~ Project. presented and
read.
Section 1. That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No
Significant Effect on the Environmant
for the Advanced Date Comm., Inc. Pro-
ject, and to make the Environmenial
Review Record for said project available
for public inspection. Such notice shall
be in the form of Exhibit '~" attached
hereto and made a part hereof.
Couucfl Member Deich moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady
Kluesner, Pratt, Simon, Voetberg.
Nays--None Absent--Council Member
Krieg.
RESOLUTION NO. 108-88
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
Resolution at its meeting of April 4,
1988 authorizing the submission of a ro-
quest to the U.S. Department of Hous-
lng and Urban Development to under-
take the project.
Passed, appmved and adopted this 4th
day of April, 1988.
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR THE ADVANCED
DATA-COMM, INC. BLOCK
GRANT PROJECT.
WHEREAS, the City of Dubuque
entered into a Grant Agreement for the
Calendar Year commencing January 1,
1987 with the U.S~ Department of Hous-
lng and Urban Development, providing
for financial assistance to the City under
Title I of the Housing and Community
Development Act of 1974, as amended;
and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Devehipmen~, an environmental review
has been processed for the hereinafter
described project to be financed with
Community Development Block Grant
funds; and
WHEREAS, au ad hoc Environmen-
tal Review Committee on December 28,
1987 has after due consideration made
a determination 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:
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
Deputy City Clerk
Council Member Daich moved adop-
tion of the Resohition. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Kluesner, Pratt,
Simon, Voetberg. Nays--Non~ Absent--
Council Member Krleg.
Communication of Dubuque Racing
Assn. advising of their discontinuation
of plans to pave the emplcyee parking
entrance lot due to various projects run-
ning over budget, presented and read.
Council Member Daich moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich,
Kluesner, Pratt. Simon, Voetberg.
Nays--None, Absent--Council Member
grieg.
Communication of City Manager
recommending participation in tfie IA
Public Agency Trust AND a Resolution
Authorizing the approval of a Joint
Powers Agreement and declaration of
Trust for the IA Public Agency Invest-
ment Trust and Authorizing participa-
tion therein, presented and read.
Regular Session, April 4, 1988
Council Member Pratt moved to refer
to the City Manager. Seconded by Coun-
cil Member Simon. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Daich, Khiesner, Pratt
Voetberg. Nays--None. Absent--Council
Member Krleg.
Communication of City Manager
responding to petition from the City of
.Asbury requesting prohibiting of park-
~ng on the south side of Asbury Read in
front of Heritage 5/ranor and requesting
Council to concur with recommendation
to deny petition for removal of parking
on south side of Asbury, and further
recom.mending to place a "No Parking"
zone m the transition area east of
Heritage Manor, presented and read.
Council Member Daich moved that the
communications be received and filed
and concurred with the City Manager's
recommendation. Seconded by Council
Member Simon. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Daich, Khiesner, Pratt
Voetberg, Nays--Nong Absent--Council
Member Krieg.
Communication of City Manager re-
questing Mayor be authorized to execute
the Grant Agreement with HUD in the
amount of $909,000 for Calendar ·
1988, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Member
Kluesner, Pratt, Simon, Voetberg.
Nays--Nons Absent--Council Member
Krieg.
RESOLUTION NO. 109-88
A RESOLUTION AUTHORIZING
THE EXECUTION OF A COM-
MUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT WITH THE
DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
FOR CALENDAR YEAR 1988
123
1987 for a Community Development
Block Grant; and
WHEREAS, the suhinisaion has been
approved by the Department of Hous-
ing and Urban Development in the
amount of $909,000 for a twaive-month
program commencing January 1, 1988;
and
WHEREAS, a Grant Agreement
covering the activities proposed to be
carried out with Community Develop-
ment Block Grant funds has been
tendered thq City of Dubuque,
NOW, THEREFORE, BE IT RE,
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE; IOWA:
Section 1. That the Grant Agreement,
authorized by the U.& Department of
Housing and Urban Development on
March 17, 1988, for a Community
Development Block Grant to the City of
Dubuque is hereby accepted.
Section 2. That the Mayor of the City
of Dubuque be and he is hereby authoriz-
ed and directed to execute a Commun-
ity Development Block Grant Agree-
ment identified as Grant Agreement
B-88-MC-19-0004 for submission to the
U.S. Department of Housing and Urban
Development.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chestermau
Deputy City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deice Khiesner, Pratt,
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
Communication of Personnel Assis-
tent advising of participation in Youth-
WHEREAS, under provisions of Title In-Government Program to be held on
I of Housing and Community Develop- April 18 thru 20, presented and read.
ment Act of 1974, as amended, the City
of Dubuque prepared and submitted a CouncilMember Daich moved that the
Statement of Intent on December 1, communication be received and flied.
124
Regular Session, April 4, 1988
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Communication of Attorney Gary
Norby, on b~baif of K~ieg Boys, Ice Corp.
offering to dedicate to the public, for
street purposes, a portion of the street
known as Nightengale Lane, presented
and read.
Council Member Deich moved that the
communication be referred to the City
Mgr. and Staff. Seconded by Council
Member Simon. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Daich, K]uesner, Pratt, Simon,
Voetberg. Nays--None. Absent--Council
Member Krieg.
Communication of City Manager
recommending to initiate eminent do-
main proceedings to acquire portions of
properties required for the construction
of the Northwest Arterial from Asbury
Road to J. EK. Road, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich
Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
RESOLUTION NO. 110-88
WHEREAS, the City of Dubuque has
been negotiating with the owners of
record for right-of-way necessary for the
construction of the Northwest Arterial
between Asbury Road and John E Ken-
nedy Road; and
WHEREAS, the City of Dubuque has
not been successful after reasonable at.
tempts in its efforts to negotiate a sale
and purchase price for the required right-
of-way; and
WHEREAS, the City of Dubuque
finds and determines that eminent do-
main proceedings should be instituted
to acquire the needed right-of-way,
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That eminent domain pro-
ceedings be instituted forthwith by the
City of Dubuque, Iowa for acquisition of
the following lots or portions thereof as
follows:
1. Part of Lot 1-1-EV2-SE¼, Section
17, owned by Eunice P Lewis.
2. Lot 2-1-E¼-SE¼, Section 17, own-
ed by Kenneth & Donna J. Smith.
3. Lot 1-2-1-3-SW¼:SW¼, Section
16, Part of Lot 1-3-NW¼-SW¼, Section
16, Part of Lot 2-2-NW¼-SW¼, Section
16, Part of Lot 24-1-NW¼-SW¼, Section
16; all owned by the Fischer Investment
Company.
4. Part of Lot I-I-i-NW¼-SW¼, Sec-
tion 16, Part of Lot 2-2-EV~-SW¼ Sec-
tion 16, Part of Lot 1-1-1-1-1-1-SW¼-SW¼,
Section 16; all owned by Briccio Salvo,
M.D. & Hilario Salas, MID., Salvo-Salas
Partnership.
5. Part of Lot 2 of Helen E. & Mary
H. Stewart Sub., part of Lot 6 of NE¼,
Section 16; all owned by John H.
Kivlahan.
6. Part of Lot i of Helen E. & Mary
H. Stewart Sub., owned by the Dubuque
Community School District;
and that corporation counsel be directed
to institute said eminent domain pro-
ceedings forthwith for and on behalf of
the City of Dubuque, Iowa.
Section 2. That the Corporation
Counsel be and is hereby directed and
empowered to do any and all thinge
necessary and incidental to said eminent
domain proceedings.
Passed, approved and adopted tins 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chgstgrman
Deputy City Clerk
Council Member Daich moved ~dop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Kluesner, Pratt.
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
Regular Session, April 4, 1988
Iowa DOT submitting Notice Of Ap-
praisement of damages and time for ap-
peal regarding awards given for certain
rights in land for the improvement of
Primary Road U.S. No. 61 in the City of
Dubuque, presented and read.
Council Member Daich moved that the
Notice be received and filed. Seconded
by Council Member Simon. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesnen Pratt
Simon, Voetberg. Nays--None. Absent--
Council Member Krieg.
Communication of City Manager sub-
mitting a Public Hearing process regar-
ding fare increase or route changSs for
Keyline, presented and read.
Council Member Simon ~noved that
the communication be received and fil-
ed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch
Kluesner, Pratt, Simon, Voetberg.'
Nays--None. Absent--Council Member
Krieg.
RESOLUTION NO. 111-88
RESOLUTION PROVIDING FOR
THE PUBLIC HEARING PRO.
CEDURE FOR INCREASES IN
FARES OR SUBSTANTIAL
REDUCTIONS IN SERVICE FOR
THE KEYLINE TRANSIT SYSTEM
WHEREAS, Section 5 (i) (3) of the Ur-
ban Mass Transportation Administra-
tion Act of 1964, as amended, (The Act)
requires a public hearing for changes in
fares or substantial service changes; and
WHEREAS, Section 9 (e) (3) (H) of
The Act requires a Section 9 recipient to
certify that it has adopted a procedure
to solicit and consider public comment
prior to increasing fares or implementing
a substantial reduction in transit service
which will adversely affect the transit-
riding public; and
WHEREAS, Section 9 (e) (3) (H) of
The Act permits a Section 9 recipient to
develop its own public hearing procedure
consistent with state and local law, and
to develop its own procedure for deter~
mining what constitutes a substantial
reduction in service.
125
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. A fare increase shall be
defined as an increase in the fee for any
rider for a one-way trip.
Section 2. A "substantial reduction in
service" shall be defined as a reduction
of fifty percent (50%) or more of the
original transit vehicle route mileage.
Original transit vehicle route mileage
shall include the Keyline transit system
as a whole, or any of its component in-
dividual routes, or the John Deere route,
but shall not include the Peak Hour Trip-
per Service routes winch change to meet
specific demand at rcgular intervals.
Section 3. Prior to the adoption of any
fare increase or a substantial reduction
in service by the City Council, the City
Council shall set a time and place for
public hearing on such proposed fare in-
crease or reduction in service, and shall
cause a notice of the time and place of
such hearing to be published in a news-
paper of general circulation in the City
at least ten (10) and not more than thir-
ty (30) days prior to such hearing.
Section 4. The notice shall state the
time and place of hearing, shall include
a summary of the proposed fare increase
or reduction in service level, shall in-
dicate who the increase or reduction will
affect, shall indicate the date the in-
crease or reduction will take effect, and
shall request that interested persons
comment, in writing filed with the City
Clerk prior to the time of the public hear-
ing or in person at the public hearing,
on the proposed increase or reduction.
The notice shall also state that any com-
merits submitted will be considered by
the City Council, and that following the
public hearing, the City Council will act
to adopt or reject the proposed fare in-
crease or reduction in service.
Passed, approved and adopted this 4th
day of April, 1988.
James E. Brady
Mayor
ATTES~
Karen M. Chesterman
Deputy City Clerk
126
Regular Session, April 4, 1988
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetherg. Nays--None. Absent--
Council Member Krieg.
Communication of Assistant City At-
torney O'Brien submitting findings of
Iowa Court of Appeals regarding the
Flynn Ready Mix case and questionin~
if Council wishes to consider whether
further review should be undertaken
presented and read.
Council Member Dcich moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich
Kluesner. Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Them being no further business, Coun-
cil Member Simon moved to adjourn the
meeting. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon, Voetherg.
Nays--None. Absent--Council Member
Krieg.
Meeting adjourned at 9:28 P.M.
Karen M. Chesterman
Deputy City Clerk
Approved
1988
Adopted
1988
Mayor
Council Members
ATTES~
City Clerk
Board of Health, April 18, 1988
127
BOARD OF
HEALTH
OFFICIAL
Board of Health, Regular Session
April 18, 1988
Board Met at 7:20 P.M., Public Library
Auditorium
Present: Chairperson Brady, Board
Members Deich, Kfuesner, Pratt, Simon.
Absent: Board Members Krieg,
Voetberg.
Chairperson Brady read the call and
stated this is the REGULAR QUAR-
TERLY MEETING OF THE BOARD
OF HEALTH called for the purpose to
act upon such business which may pro-
perly come before the Board.
Communication of City Manager re-
questing Board of Health Chairperson
be authorized to execute document
related to the Fiscal Year 1989 State ,
Funds of Public Health Nursing Ser-
vices, presented and read.
Board Mer~ber Kluesner moved that
the communication be received and fil-
ed and Chairperson authorized to ex-
ecute the documents. Seconded by
Board Member Simon. Carried by the
following vote: Yeas--Chairperson
Brady, Board Members Deich, Kluesner
Pratt, Simon. Nays--None. Absent--
Board Members Krieg, Voetberg.
Board Member Voetberg entered at
7:25 P.M.
Communication of City Manager re-
questing Board of Health authorize City
Council to adopt an Ordinance updating
the City's authority and responsibility
to inspect food service establishments,
food and beverage vending machines and
hotels and motels, presented and read.
Board Member Simon moved that the
communication be received and filed and
referred to the City Council. Seconded by
Board Member Kluesner. Carried by the
following vote: Yeas--Chairperson
Brady, Council Member Deice Kluesner,
Pratt, Simon~ Voetberg. Nays--None.
Absent--Board Member Krieg.
Communication of City Manager re-
questing Board of Health authorize City
Council to adopt an Ordinance updating
the name of the State agency that
regulates private sewage disposal sys-
tems, presented and read.
Board Member Simon moved that the
communication be received and filed and
referred to the City Council Seconded by
Board Member Pratt. Carried by the
following vote: Yeas--Chairperson
Brady, Board Members Deich, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Absent--Board Member Krleg.
There being no further business, Board
Member Deich moved to adjourn.
Seconded by Board Member Kluesner.
Carried by the following vote: Yeas--
Chairperson Brady, Board Members
Deich, Kluesner, Pratt, Simon, Voetherg.
Nays--None. Absent--Board Member
Krieg.
Meeting adjourned at 7:29 P.M.
Approved __ 1988
Adopted 1988
Chairperson
Board of Health
ATTES~
Secretary, Board of Health
128
Regular Session, April 18, 1988
CITY COUNCIL
OFFICIAL
Regular Session, April 18, 1988
Council Met at 7:30 P.M. in the Public
Library Auditorium..
Present: Mayor Brady, Council
Members Deich, Kluesner, Pratt, Simon,
Voetberg, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindahl.
Absent: Council Member Krieg.
Mayor Brady read the call and stated
that this is the REGULAR MEETING
OF THE CITY COUNCIL called for the
purpose to act upon such business which
may properly come before the Council.
INVOCATION was given by Rev.
George Bauman, Pastor of Holy Trinity
Lutheran Church.
PROCLAMATIONS: Week of April
17-23 as "National Library Week" receiv-
ed by Assistant Library Director Maeve
Clark;
May 1, 1988 as "Get Fit Dubuque Day"
received by Recreation Director Pat
May 1, ~988 as "Key City Rotary Club
of Dubuque Day" received by Bill
Speckenhaltor;
May 22-28, 1988 as "Compassionate
Friends Awareness Week" received by
Julie Timmerman.
YOUTH IN GOVERNMENt. Mayor
Brady Swore in Youth Officials: Mayor--
Mark Wahler~; City Manager -- Brenda
Heer; City Clerk -- Aaron Nelson; Coo
poratinn Counsel -- Racbelle Bures.
Youth Mayor Wahler t Swore in Youth
City Council Members: Kathy Bittinger,
Mark Gotten, Scott Johnson, Amanda
Madden, Dana Nelson and Jim Klauer.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider the Fiscal Year 1989 Con-
solldated STA Application and the Sec-
tion 9 Program of projects consisting of
the Fiscal Year 1989 Operating Assis-
tance Application, a Capital Assistance
Application to aid in the cost of the
remanufacture of four 35 foot buses, the ·
purchase of a replacement handicapped
accessible mini-ims, the purchase of a
computer printer and miscellaneous
shop equipment, and a Planning Assis-
tance Application for the MPC to cover
planning and program activities ex-
penses, presented and read.
Council Member Deich moved t6 sus-
pend the rules to allow anyone present
to address the Council if they so desire.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady. Council Members Deich,
Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Council Member Simon moved to
receive and file the proof of publication.
Seconded by Courted Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady Council Members Deich, Klues-
ncr, Pratt, Simon, Voetberg. Nays--
None. Absent--Council Member Krieg.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider an Ordinance granting an
Easement to Conti-Carriers & Terminals,
Inc. AND Petition of Attorney Alfred
Hughes, representing Dubuque Tank
Terminal Cb, requesting Council to defer
action on proposed Ordinance until cer-
rain issues can be resolved, presented
and read. Attorney Robert Bertsch,
representing Conti-Carriers requested
approval of Ordinance. Wayne Gartner
on behalf of LC.G.R.R. requested the
matter be tabled until later date.
Council Member Kluesner moved that
the proof and petition be received aud fil-
ed. Seconded by Council Member Pratt·
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Kluesner, Pratt, Simon, Voetberg.
Nays--Nong Absent--Council Member
Krieg.
An ORDINANCE Repealing Ordi-
nonce No. 74-85 which granted an Ease-
ment to the Illinois Central Guff RR Ca,
Chicag~ IL to lay down, operate and
maintain an Industrial Track along
Kerper Blvd., and adopt a new Ordi-
nance granting an Easement for the con-
struction and/or operation of a Railroad
Track in the same location to Conti-
Regular Session April 18, 1988
129
Carriers & qbrminals, Inc. a Delaware
Corporation, presented and read.
Council Member Klueaner moved to
final adopt this Ordinance. Seconded by
Council Member Pratt. NO VOTE
TAKEN ON THIS MOTION. Council
Member Simon moved to recess this
Public Hearing and table this matter to
a later date. Seconded by Council Mem-
ber Pratt~ Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon, Voetberg.
Nays--Nong Absent--Council Member
Krieg.
Communication of City Manager re-
questing a Public Hearing be set for the
designation of the Dubuque Industrial
Center as an Urban Renewal/Economh
Development District and set a Public
Hearing on an Ordinance establishing a
Tax Increment Financing District within
said Urban Renewal/Economic Develop-
ment District, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed and set hearing for Economic Deml-
opment District for May 2, 1988, at 7:30
p,m. in the Public Library Auditorium
and that the City Clerk publish notice
in the manner ~rescribed by law. Second-
ed by Council Member Deich. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dalch, Klusener, Pratt
Simon, Voetberg. Nays--Nona Absent--
Council Member Krieg.
An ORDINANCE Providing that
General Property Taxes levied and col-
lected each year on all property located
within the Dubuque Industrial Center
Economic Development District in the
City by and for the benefit of the State
of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School
District, and other taxing districts, be
paid to a special fund for payment of
principal and interest on loans, monies
advanced and indebtedness, including
bonds issued and incurred by said City
in connection with approved Develop-
merit Projects located within said Urban
Renewal/Economic Devalopmont Dis-
trict, presented and read,
Council Member Simon moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance
on the 2nd day of May, 1988 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 Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, Kluesner, Pratt,
Simon, Veetberg. Nays--Nons Absent--
Council Member Krieg.
Communication of Plauning and Zon-
ing Commission approving Zoning Or-
dinance Amendment allowing retail
bakeries, the sale of bottled wine and
gourmet products as a conditional use
in the OR Office Residential District,
presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member Veer-
berg. Carried by the following vote:
Yeas--Council Members Deich, Klues-
ncr, Pratt, Siaron, Voetberg. Nays--
Mayor Brady. Absent--Council Member
Krieg.
An ORDINANCE Amending Zoning
Ordinance by enacting a new Section
3-2.1D(10)b(6) in lieu thereof, by allow-
ing retail bakeries and the sale of bot-
tled wine and gourmet products as con-
ditional uses in the OR Office Realden-
tial District, presented and read.
Council Member Kluesner moved that
this be considered the first reading and
that the requirement that a proposed Or-
dfuance 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 mov-
ed that a Public Hearing be set for May
2, 1988 at 7:30 P.M. in the Public Library
Auditoriqm and that the City Clerk
)ublish notice in the manner prescribed
by law. Seconded by Council Member
Pratt. Vote on the motion was as follows:
Yeas--Council Members Dalch, Klues-
ncr, Pratt, Simon, Voetberg. Nays--
Mayor Brady. Absent--Council Member
Krieg. MOTION FAILED DUE TO
LACK OF 3/4 VOTE.
130 Regular Session April 18, :1988
Council Member Kluesner moved that
this be considered the first reading on-
ly and that it be set for Public Hearing
on May 2, 1988 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
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Delch, Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Conm~unication of City Manager sub-
mitting documents providing for the bid-
ding procedure for Roof Replacement of
the Sludge Processing Building at the
Wastewater Treatment Plant, presented
read.
Council Member Khiesner moved that
the communication be received and ill-
ed. Seconded by Council Member Voet-
berg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Delch, Khiesner, Pratt, Simon, Voetberg.
Nays--Nong Absent--Council Member
Krieg.
RESOLUTION NO. 112-88
PRELIMARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estknated
cost for the Reroofing of Sludge Process-
ing Building, City of Dubuque~ Waste-
water Treatment Facility, in the asti-
mated amount of $34,000, are hereby ap-
proved and ordered filed in the office of
the City Clerk for public inspection.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deice Kluesner, Pratt,
Simon, Vcetberg. Nays--None Absent--
Council Member Krieg.
RESOLUTION NO. 113-88
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuqu~ Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
lice of the City Clerk for public inspec-
tion of the Reroofing of Sludge Process-
ing Building, City of Dubuque, Waste-
water Treatment Facility.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 16th day of May,
1988, a public hearing will be held at 7:30
p.m. in the Public Library Auditorium
at which time interested persons may ap-
pear and be heard for or against the pro-
posed plans and specifications, form of
contract and cost of said improvement,
and the City Clerk be and is hereby
directed to cause a notice of time and
place of such hearing to be published in
a newspaper having general circulation
in the City of Dubuque~ Iowa, which
notice shall not be less than four
days nor more than twenty days prior
to the day fixed for its consideration.
At the hearing, any interested person
may appear and file objections to the
proposed plans, specifications, con-
tract, or estimated cost of the improve-
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Kluesner mo~ed
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
Regular Session
RESOLUTION NO. 114-88
ORDERING BIDS
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Reroofing of Sludge Process-
ing Building, City of Dubuque, Waste-
water Treatment Facility is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accompany
each bid shall be in an amount which
shall conform to the provisions of the
notice to bidders hereby approved as a
part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Du-
buque, Iowa, which notice shall not be
less than four days nor more than twen-
ty days prior to the receipt of said bids
at 2:00 p.m. on the 3rd day of May, 1988.
Bids shall be opened and read by the
City Clerk at said time and will be sub-
mitted to the Council for final action at
7:30 p.m. on the 16th day of May, 1988.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTES~
Mary A, Davis
City Clerk
Council Member Klueaner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich; Kluesner, Pratt,
Simon, Vcotberg. Nays--None Absant--
Council Member Krieg,
Communication of City Manager ap-
proving vacating of a portion of Merz St.
westerly from Riverview St. and re-
questing public hearing be held on
matter, presented and read.
Council Member Simon moved that
the communication be received and
April 18, 1988 131
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Delch, Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
RESOLUTION NO. 115-88
RESOLUTION APPROVING PLAT
OF VACATED PORTION OF MERZ
STREET FROM RIVERVIEW
STREET WESTERLY TO THE
ALLEY BETWEEN RIVERVIEW
STREET AND ALTHAUSER
STREET
WHEREAS, there has been presented
to the City Council of the City of Du-
buque, Iowa a plat dated March 11, 1988
prepared by IIW Associates, PC., Du-
buque, Iowa. describing the vacated por-
tion of Merz Street from Riverview
Street westerly to tlie alley between
Rivervlew Street and Althauser Street;
and
WHEREAS, said plat conforms to the
laws and statues pertaining thereto.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
o~ Dubuque, Iowa:
Section 1. That the plat dated March
11, 1988 prepared by IIW Associates,
RC. relative to the reel estate hereinabove
described be and the same is hereby ap-
)roved, and that the Mayor and City
Clerk be and they are hereby authorized
and directed to execute said plat for and
on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
Resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
132 Regular Session April 18~ 1988,
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Non~ Absent--
Council Member Krieg.
RESOLUTION NO. 116-88
RESOLUTION DISPOSING OF
CITY INTEREST IN LOT 42A OF
ALTHAUSER'S SUBDIVISION IN
THE CITY OF DUBUQUE, IOWA
WHEREAS, Richard and Mary Kay
Avenarfus have requested the vacating
of a portion of Metz Street from River-
view Street westerly to the alley between
Riverview Street and Althanser Street
in the City of Dubuque, Iowa; and
WHEREAS, IIW Associates, PC.,
Dubuque, Iowa, has prepared and sub-
mitted to the City Council a plat show-
lng the vacated portion of Merz Street
and assigned a lot number thereof, which
hereinafter shall be known and describ-
ed as "Lot 42A of Althauser's Subdivi-
sion'' in the City of Dubuque, Iowa; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that this portion of Merz Street is no
longer required for public use, and
vacating and sale of said portion of Merz
Street known as Lot 42A of Althauser's
Subdivision in the City of Dubuque,
Dubuque County, Iowa should be
approved.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque
tends to dispose of its interest in Lot
42A of Althauser's Subdivision in the
City of Dubuque, Iowa.
Section 2. That the conveyance of Lot
42A of Althauser's Subdivision in the
City of Dubuque, Iowa be contingent
upon the petitioners payment of $300.00
plus platting, publication and filing fees.
Section 3. That the City reserves un-
to itself a perpetual easement including
the right of ingress and egress thereto,
for the purpose of reconstructing, repair-
lng, modifying, owning, operating, and
maintaining water, sewer, drainage, gas,
telephone, t.v. cable ~md electric lines as
may be currently a%ithorized by the City
of Dubuque, Iowa.
Section 4. That the City Clerk be and
is hereby authorized and directed to
cause a notice of intent to dispose of said
real estate in a manner as prescribed by
law.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the tlasohition. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deice Kluesner, Pratt,
Simon, Voetberg. Nays--Noun Absent--
Council Member Krieg.
Communication of Airport Commis-
sion requesting Council approval for
lending the Airport Dept. $20,000 for
the runway evaluation; to be paid back
from next year's bond issue; Alse, re-
questing a change in the CIP to include
$11,700 for security fencing and signage
with the money coming from unbudg-
eted Airport CIP funds, presented and
read.
Council Member Kluesner moved that
the communication be received and fil-
ed and approved request, based on
sources as presented by Mgr. Seconded
by Council Member Pratt. Cra-tied by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nona Absent--
Council Member Krieg.
Communication of Chairperson of
Operation: New View requesting City of
Dubuque to reco~alder its withdrawal
from participation in the existing 28E
Agreement, presented and read.
Council Member Pratt moved that the
communication be received and filed and
withdrawn, for the time being, the im-
pending withdrawal of 28E Agreement
with Operation: ~New View serving
Dubuque, Delaware and Jackson
Regular Session
Counties and extend agreement and con-
tinue participation in Operation: New
View to July 18, 1989. Seconded by
Council Member Daich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Yduesner, Pratt
Simon, Voetberg. Nays--None.
Absent--Council Member Krieg.
Communication ot Dubuque County
Board of Supervisors requesting to meet
with the City Council and the United
Way to begin discussion about the fund-
ing for human services in Dubuque
County, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed and taken under Council advisement.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Daich, Klues-
her, Pratt, Simon, Voetberg. Nays--
None. Absent--Council Member Krieg.
Verbal petition of Council Member
Simon requesting to address the Coun-
cfi regarding the enforcement of Human
Rights Ordinances relating to "Ladies
Night" and other premotionai functions
AND Communication of City Solicitor
Wm. Blum advising enforcement of a
portion of the Human Rights Ordinance
for violations pertaining to establish-
ments that have "Ladies' Nights" or
"Men's Nights" will not be pursued un-
til some time after June 1, 1988;
presented and read,
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member Klues-
net. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Communication of Planning and Zon-
ing Commission advising of their denial
to rezone property located at 2249, 2251,
2255, 2257, 2275 and 2277 Central from
R-2A to C-2 as requested by Rainbo Oil
Co., presented and read.
Council Member Deich moved that the
communication be received and filed and
concurred with denial. Seconded by
Council Member Khiesner. Carried by
the following vote: Yeas--Mayor Brad:~
April 18, 1988 133
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--None. Absent--
Council Member Krieg.
Communication of Planning and Zon-
ing Commission advising of their denial
to rezone property at 3606 and 3606¼
Crescent Ridge from R-1 Single Family
Residentiai District to LI Light In-
dustrial District, presented and read.
Council Member Kluesner moved that
the communication be received and fil-
ed and concurred with the denial. Se-
conded by Council Member Deich. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
ner, Pratt, Simon, Voetberg. Nays--
Nong Absent--Council Member Krieg.
Attorney Joe Bitter representing
Jerry Gremmel requested Council to set
Public Hearing on the rezonlng request.
Council Member Dalch moved that they
reconsider action taken. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Klusener, Pratt,
Simon, Voctberg. Nays--Nong Absent--
Council Member Krleg.
Council Member Pratt moved that
they refer the matter to the Planning and
Zoning Commission to work with the
owner and ail concerned to seek proper
salution~ Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Khiesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Communication of Planning and Zon-
ing Commission advising of their denial
on the proposed amendment to the
Home Occupation section of the Zoning
Ordinance and requesting if Council
desires to overrule denial, refer matter
back to P & Z for them to hold a Public
Hearing, presented and read.
Council Member Kluesner moved that
the communication be received and fil-
ed and concurred with denial. Seconded
by Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--None. Absent--
Council Member Krieg.
134
Regular_ Session, April 18, 1988
Communication of Planning and Zoning
Commission approving final plat of
Hillcrest Plaza located at southeast
corner of Hillcrest Read and Keyway
Drive, presented and read.
Council Member Simon moved that
the communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Simon, Voetberg.
Nays--None~ Absent-Council Member
Krieg.
RESOLUTION NO. 117.85
RESOLUTION APPROVING THE
FINAL PLAT OF HILLCREST
PLAZA IN THE CITY OF
DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of Hillcrest
Plaza in the City of Dubuque, Iowa; and
WHEREAS, said final plat has been
examined by the City Planning and Zon-
ing Commission and had its approval en-
dorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council and they
find 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 above-described
final plat be and the same is hereby ap-
proved and the Mayor and Clerk be and
are hereby authorized wad directed to en-
dorse tho approval of the City of Du-
buque upon said plat.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTEST.
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolutions, and concurred
with the recommendation of the City
Manager in the Information Packet, re:
Curb Cuts. Seconded by Council Mem-
ber Kluesner. Carried by the following
vote: Yeas--Mayor Brady, Council Mem-
bets Deich, Kluesner, Pratt, Simon,
Voetberg. Nays--Nbng. Absent--Council
Member Krieg.
Communication of City Manager re-
questing approval of Ordinance to up-
date City's authority and responsibility
to inspect food service establishments,
food and beverage ~nding machines and
hotels and motels; presented and read.
Council Member Kluesner moved that
the communicatiop be received and fil-
ed. Seconded by Council Member Voet-
berg. Carried by ~the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon, Voetberg.
Nays--Nong Abs6nt--Council Member
An ORDINANCE Amending the
Code of Ordinances by repealing Sec-
tions 16-6 through 16-10 and Section
16-17 through 16-2~ thereof and enacting
new Sections 16-6through 16-9 in lieu
thereof regulating, food service estab-
lishments, food and beverage vending
machines and hotels and motels, pre-
sented and read.
Council Member Kluesner moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinances
on the 2nd day of May, 1988 at 7:30 p.m.
in the Public Library Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
Communication of City Manage? re-
questing approving of Ordinance to up-
date the name of the State Agency that
regulates private sewage disposal
systems, presented and read.
Council Member Kluesner moved that
the communication be received and filed.
Regular Session
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch.
Kluesner, Pratt, Simon, Voetberg.
Nays--Non~ Absent--Council Member
Krieg.
ORDINANCE NO. 22-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SUBSECTION (a) OF
SECTION 36-44 AND SUBSECTION
(b) OF SECTION 36-45 THEREOF
AND ENACTING A NEW SUBSEC-
TION (a) OF SECTION 36-44 AND A
NEW SUBSECTION (b) OF SECTION
36-45 IN LIEU THEREOF PROVID-
ING FOR THE LOCATION AND
DESIGN OF PRIVATE DISPOSAL
SYSTEMS, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 22-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SUBSECTION (a) OF
SECTION 36-44 AND SUBSECTION
(b) OF SECTION 36~45 THEREOF
AND ENACTING A NEW SUBSEC-
TION (a) OF SECTION 36-44 AND A
NEW SUBSECTION (b) OF SECTION
36-45 IN LIEU THEREOF PRO-
VIDING FOR THE LOCATION AND
DESIGN OF PRIVATE DISPOSAL
SYSTEMS.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section L That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by repealing Subsection {a) of Section
36-44 and enacting a new Subsection (a)
of Section 36-44 in lieu thereof as follows:
"Sec, 36-44. Issuance of permit; inspec-
tion and completion of installation as
prerequisites to effectiveness.
(a) That the location and design is in
accordance with the regulations of the
Iowa Department of Natural Resources
and the City of Dubuque."
April 18, 1988 135
Section 2. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by repealing Subsection (b) of Section
36-45 and enacting a new Subsection (b)
of Section 36-45 in lieu thereof as follows:
"Sec. 36-45. Connections to private
disposal system to conform with City
and State rules and regulations; addi-
tional requirements.
(b) The type, capacities, location and
layout of a private sewage disposal
system shall conform with all require-
ments of the Iowa Department of
Natural Resources and the City of
Dubuque:'
Passed, approved and adopted this
18th day of April, 1988.
James E, Brady
Mayor
ATTEST.
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 26th day of April,
1988.
Mary A. Davis
City Clerk
It 4/26
Council Member Kluesner moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council
Member Simon. Carried by the follow-
lng vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Pratt, Simon,
Voetberg. Nays--Nona Absent--Council
Member Krieg;
Communication of City Manager re-
questing approval of an application to
HUD for Section 8 Program Housing
Voucher, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
136
Regular Session April 18, 1988
Deich, Kluesner, Pratt, Simon, Voctberg.
Nays--None. Absent--Council Member
Krieg.
RESOLUTION NO. 118-88
A RESOLUTION AUTHORIZING
THE MAYOR TO EXECUTE AN
APPLICATION TO PARTICIPATE
IN THE SECTION 8 HOUSING
VOUCHER PROGRAM
WHEREAS, the City of Dubuque has
successfully administered various Sec-
tion 8 Housing Assistance Programs for
the U.S. Department of Housing and Ur-
ban Development since 1976; and
WHEREAS, there continues to exist
an unmet need for additional units of
assisted housing for lower-income
families in the City of Dubuque; and
WHEREAS, the City has been invited
by the U.S. Department of Housing and
Urban Development to make application
for additional housing vouchers; and
WHEREAS, the City has successful-
ly participated in the State of Iowa's
Rental Rehabilitation Programs in fiscal
years 1984, 1985 and 1986; and
WHEREAS, the Iowa Department of
Economic Development has awarded an
additional amount of $62,370 to the City
of Dubuque for exemplary performance
in administration of its Rental Rehabil-
itotion Programs;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF. DUBUQUE, IOWA,
THA~
Section L The Mayor is authorized
and directed to submit an application to
the U.S. Department of Housing and Uk
ban Development for participation in the
Section 8 Housing Voucher Program.
Section 2. The City of Dubuque Hous-
ing Commission is hereby directed to
conduct the necessary public hearings
regarding this application as soon as
possible hi accordance with mquiremente
of Chapter 403.A.28 of the Code of Iowa,
and to review and/or approve or suggest
modifications of the plans for program
design and administration of this pro-
posed program.
Section 3. The City Manager is hereby
authorized and directed to forward said
application and resulting standard ex-
ecuted contract to the respective t/gen-
cies in a timely fashion and as required
by the U.S. Department of Housing and
Urban Development.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTESq!.
Mary A. Davis
City Clerk
Council Member Simon moved adop-
U~on of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Pratt,
Simon, Voetherg. Nays--Nons Absent--
Council Member Krieg.
Communication of City Manager re-
questing approval to participate in the
Iowa Public Agency Investment Trust,
adopting the Joint Powers Agreement
and Declaration of Trust and desig-
nating officials of the City authorized to
execute transactions with the Trust,
presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Counc'd Member Klues-
ncr. Carried by the following vote:
Yeas--Mayor Brad~ Council Members
Dcich, Kluesner, Pratt, Simon, Voetherg.
Nays--Nons Absent--Council Member
Krieg.
RESOLUTION NO. 1194~8
A RESOLUTION AUTHORIZING
THE APPROVAL OF A JOINT
POWERS AGREEMENT AND
DECLARATION OF TRUST FOR
THE IOWA PUBLIC AGENCY
INVESTMENT TRUST AND
AUTHORIZING PARTICIPATION
THEREIN.
WHEREAS, Iowa Code Section 28E.1
(1987 as amended) permits political sub-
divisions to make efficient use of their
powers by enabling them to prowlde ]aint
services with other Public Agencies and
to cooperate in other ways of mutudi
Regular Session, April 18, 1988
137
advantage, and to exercise and enjoy
jointly any powers, privileges or author-
ity exercised or capable of being exercis-
ed by one Public Agency of this state or
private agencies for the joint or
cooperative action; and
WHEREAS, Ipwa Code Sections
331.555 and 384.21 (1987 as amended)
empowers cities, city utilities and coun-
ties to invest the!t~moneys pursuant to
a joint investment agreement; and
WHEREAS, the City of Fairfield, the
Maquoketa Municipal utility and
Buchanan County are political subdivi-
sions being duly organized and existing
under and by virtue of the laws and con-
stitution of the State of Iowa; and
WHEREAS, the City of Fairfield, the
Maquoketa Municipal Utility and
Buchanan County have approved the
Joint Powers Agreement and Declara-
tion of Trust and thereby have establish-
ed the Iowa Public Agency Investment
Trust as of October 1, 1987; and
WHEREAS, the City of Dubuque
desires to adopt and enter into the Joint
Powers Agreement and Declaration of
Trust, and it is in the best interest of the
City of Dublique to participate in the
Iowa Public Agency Investment Trust
for the purpose of joint investment of
moneys with other cities, city utilities
and counties to enhance investment
earnings occurring to each.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIl:
OF THE CITY OF DUBUQUE. IOWA:
Section L The Joint Powers Agree-
ment and Declaration of Trust is approv-
ed and adopted. The City of Dubuque
shall j alu with the other public agencies
in accordance with the Joint Powers Act
by becoming a Participant of the Trust.
The Joint Powers Agreement and Dec-
laration of Trust shall be filed in the
minutes of the meeting at which this
resolution is adopted. The authorized of-
ficials of the City of Dubuque are
directed and authorized to take such ac-
tions and execute any and all such
documents as may be deemed necessary
and appropriate to effect the entry of the
City of Dubuque into the Declaration of
Trust and adoption thereof by the City
of Dubuque and to carry out the intent
and purpose of this resolution.
Section 2. The City of Dubuque is
hereby authorized to invest its available
moneys from time to time and to with-
draw such moneys from time to time in
accordance with the provisions of the
Joint Powers Agreement and Declara-
tion of Trust. The following officers and
officials of the City of Dubuque and their
respective successors in office each
hereby are designated as '~uthorized Of-
ficials'' with full power and authority to
effectuate the investment and with-
drawai of moneys with this Public Agen-
cy from time to time in accordance with
the Joint Powers Agreement and Dec-
laration of Trust.
W. Kenneth Gearhart, City Manager
A, G. Heitzman, Finance Director
Gerald Hizd, Deputy Finance Director
The Trust shall be advised of any
changes in authorized officials in accor-
dance with procedures established by the
Trust.
Section 3. The Trustees of the Trust am
hereby designated as having official
custody of the City of Dubuque's
moneys which are invested in accordance
with the Joint Powers Agreement and
Declaration of Trust.
Section 4. Authorization is hereby
given for officials of the City of Dubuque
to serve as Trustees of the Trust from
time to time if selected as such pursuant
to the provisions of the Joint Powers
Agreement and Declaration of Trust.
Section 5. Unless otherwise expressly
defined herein, words that are capitaliz-
ed in the resolution shall have meanings
defined in the Joint Powers Agreement
and Declaration of Trust.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTEST
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
138 Regular Session April 18~ 1988
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Councll Members Dalch, Kluesner, Pratt,
Simon, Voetberg. Nays--Nona Absent--
Council Member Krieg.
Communication of Council Member
Krleg submitting her resignation from
the City Council effective immediately
- dated April 15, 1988, presented and
read.
Council Member Kinesner moved that
the communication be received and fil-
ed and accepted with regret. Seconded
by Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetbsrg. Nays--Nong Absent--
Council Member Krieg.
BUSINESS LICENSES:
Sid's Beverage requesting permanent
transfer of "BE" Beer Permit from 260
Southern Ave. to 2727 Dodge St. effec-
tive April 19, 1988 AND Loras College
requesting temporary transfer of Class
"B' Beer Permit fi'om Loras College Col-
an Center to Cox St. Parking Lot on
April 30, 1988, presented and read.
Council Member Deich moved that the
transfers be approved. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt.
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
RESOLUTION NO. 120-88
BE IT RESOLVED by the City Coun-
cil of the City of Dubuqu~ Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Kenneth J. Meliny
The Kegger 3412 Pennsylvania
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTEST
Mary A. Davis
City Clerk
Council Member Deich moved adop~
tion of the ReSolution, Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
RESOLUTION NO. 121-88
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by suci~ applicants were inspected
and found to comply with the Ordi-
nances of this City and have filed pro-
per bond;
NOW, THEI~EFORE, BE IT RE-
SOLVED by the City Counc'd of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "B" BEER PERMIT
Oak Ridge Athletics Inc.
McAleece Park and Recreation Center
1 Admiral Sheehy Dr.
(Also Sunday Sales)
CLASS "BE" BEER PERMIT
Kenneth J. Melioy
The Kegger 3412 Pennsylvania
(Also Sunday Sales)
B & M Convenient Marts, Inc.
Oky Doky //7 3301 Pennsylvania
(Also Sunday Sales)
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTEST
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Counc'd Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
Regular Session April 18, 1988
139
RESOLUTION NO. 122-88
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc~
cupied by such applicants were inspected
and found to compl~ with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicant(s) a Liquor
Licensg
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Dubuque First China, Inc.
Yen Ching Restaurant 926 Main St.
Donna M. Ginter
West Dubuque Tap 1701 Asbury Rd.
(Also Sunday Sales)
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTEST
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Counc'd Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
MINUTES SUBMITTED: Airport
Commission of 3-22; Cable Community
Teleprogramming Commission of 4-5 and
Zoning Board of Adjustment of 3-24,
presented and read.
Council Member Kluesner moved that
the minutes be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members De/ch,
Kluesner, Pratt, Simon, Voetberg.
Nays--Nong Absent--Council Member
Krieg.
NOTICES OF CLAIMS/SUITS: City
of Dubuque vs. Kenneth O. Haugen et
al notifying if judgement is rendered in
favor of City, said Kenneth Haugen:asks
that judgement be rendered in his favor
in amount claimed; Richard Kotz, in
amount of $153.92 for damages; At-
torney Joseph Bitter on behalf of Joyce
Ney, in unknown amount Ior personal in-
juries; Phil Ruppel in amount of $218.10
for auto damages; James Wahlert in
amount of $57 for personal injuries;
Cathy Weidemann, in est. amount of
$135.33 for auto damages, presented and
read.
Council Member Kluesner moved that
the claims be referred to the Legal Staff
for investigation and report. Seconded
by Council Member Deich. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Pratt,
Simon, Vcetberg. Nays--None Absent--
Council Member Krieg.
April 12. 1988
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
1987 Code of Iowa, the Civil Service
Conunission, conducted written exam-
inations on August 18, 1987 and Sep-
tember 2, 1987 and Physical Agility
Tests on September 30, 1987 for the pesl-
tion of Police Officer-Entrance Level.
Per notification of Police Chief John
Mauss, the first list that had been cer-
tified on October 7, 1987 has now been
exhausted and he has requested the cer-
tifiqation of the names form the eligibil-
ity Ilar.
We hereby certify that the following
individuals have successfully passed
both the written and physical agility
tests and are hereby qualified to be con-
sidereal for the position of Police Officer
for the City of Dubuque, Iowa.
Timothy Dotterweich, Gary Thfll,
Charles Sharkey, Thomas Uthe, Russell
Stecklcin, Rodney Peters, Stephen
Williams, Steven Taegel, Bruce Miller,
John Rogan, Jackie Fields, Richard
Bartlett.
Respectfully submitted,
140
Regular Session, April 18, 1988
Pat Dillon
Chairperson
Gerald Koppes
Robert M. Miller
Civil Service Commission
Council Member Kluesner moved that
the communication be'received and fil-
ed and made a matter of record. Second-
ed by Council Member Deich. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt
Simon, Voetberg. Nays--None Absent--
Council Member Krieg.
ATTES~
Mary A. Davis
City Clerk
Communication of IA DOT advising
of Appraisement of damages awarded to
property owned by Pape Grain Co.; ad-
vising of dismissal of condemnation of
right of way for properties on lower Main
St., presented and read.
Council Member Kluesner moved that
the communication be received and fil-
ed. Seconded by Council Member Deict
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Simon, Voetherg.
Nays--None Absent--Council Member
Krieg.
Proof of publication, certified to by the
Publisher, on Notice of Intent to file a
release of funds for Carlisle Communica-
tlons, Ltd. Project, presented and read.
Council Member P~att moved that the
proof of publication be received and filed.
Seconded by Council Member Kluesner.
Carried by the Iofiowing vote: Yeas--
Mayor Brady, Council Members Daich,
Kluesner, Pratt, Simon, Voetberg.
Nays--None Abeent--Council Member
Krieg.
Proof of publication, certified to by the
Publisher, on List of Claims for month
of February, 1988; Communication of
City Manager submitting Financial
Reports for month of March, 1988,
presented and read.
Council Member Pratt moved that the
proof and communication be received
and filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Bra(~y, Council Members
Dcich, Kluesner, Prhtt, Simon, Voetberg.
Nays--None. Absent-Council Member
Krieg.
Communication of Corporation
Counsel advising of a Voluntary Settle-
ment of a Tax Appeal by Helen Timmer-
man, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Klueaner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich.
Kluesner, Pratt, Simon, Voetherg.
Nays--Non~ Absent--Council Member
Krieg.
Communication of Planning and Zon-
ing Commission approving final plat of
Marshall's Home Farm Nc~ 3 located
west of Peru Read in Dubuque County,
presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dcich,
Kluesner, Pratt, Simon, Voetberg.
Nays--None Absent--Council Member
Krieg.
RESOLUTION NO. 123-88
A RESOLUTION APPROVING
THE FINAL PLAT OF
MARSHALUS HOME FARM NO. 3
IN DUBUQUE COUNTY, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of Marshall's
Home Farm No. 3 in Dubuque County,
Iowa;
WHEREAS, said final plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval en-
dorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances re-
lating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
Regular Session, April 18, 1988
141
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of Ma~
shell's Home Farm No. 3 in Dubuque
County. Iowa be and the same is hereby
approved, and the Mayor and City Clerk
of the City of Dubuque, Iowa are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa
upon said plat.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTEST
Mary A. Davis
City Clerk
Council Member Pratt moved adop·
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Daich, Kluesner, Pratt.
Simon, Voetberg. Nays--None.
Absont--CounciI Member Krieg.
Communication of City Manager
questing authorization to publish a re-
quest for release of funds for Advanced
Data Comm., 4nc., presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Simon, Voetberg.
Nays--Nong Absent--Council Member
Krieg.
RESOLUTION NO. 124-88
A RESOLUTION AUTHORIZING
SUBMISSION OF A REQUEST
FOR A RELEASE OF FUNDS FOR
THE ADVANCED DATA COMM,
INC. COMMUNITY DEVELOP-
MENT BLOCK GRANT PROJECT.
WHEREAS, the City of Dubuque,
Iowa, in conformance with the Envir-
onmental Review Procedures for the
Community Development Block Grant
Program, convened an Ad Hoc Commit-
tee on December 29, 1987 which com-
pleted an environmental assessment of
the following:
Advanced Data Comm, Inc. - Com-
munity Development Block Grant Pro-
ject; and
WHEREAS, pursuant to Resolution
No. 108-88, adopted April 4, 1988, public
notice of a "Finding of No Significant
Effect on the Environment" for the
above project was published April 6,
1988 in the Dubuque Telegraph Herald,
a newspaper of general circulation, and
provided for a public comment period
until 12:00 Noon on Friday, March 4,
1988; and
WHEREAS, public notice of a "Find-
ing of No Significant Effect on the En-
vironment'' for the project was sent by
regnlar mail to various federal, state and
local public agencies and to local news
media, individuals and groups known to
be interested and believed to be appro-
priate to review such a public notice; and
WHEREAS, any and all objections, if
any, to such proposals have been duly
considered; and
WHEREAS, it is the intent of the
City Council to authorize the submission
of a request to the U.S. Department of
Housing and Urban Development for
the release of funds to carry out the
above-identified project.
NOW. THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Enviromental
Review Record for the project shall con-
tinue to remain on file in the Office of
the City Clerk where said record may be
examined and copied by an interested
party,
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment a request for release of funds to
undertake the said project.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTEST
Mary A. Davis
City Clerk
142
Regular Session, April 18, 1988
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner. Pratt,
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
Cormnunicatinn of City Manager sub-
mitting Certificate of Insurance cover-
ing the general liability of the Dubuque
Racing Assn., presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich
Kfuesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Communication of Dubuque Medical
Arts Building Project submitting
audited Financial Statement of the
Dubuque Medical Arts Partnership,
presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kfuesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Krieg.
Communication of Corporation
Counsel Lindahl recommending settle-
ment of personal injuries and medical ex-
penses claim of Joseph and Carol Clark
in the amount of $500, presented and
read.
Council Member Pratt moved that the
communication he received and fried and
settlement approved. Seconded by Coun-
cil Member Kiuesner. Carried by the
folinwing vote: Yeas--Mayor Brady,
Councri Members Dcich, Kluesner, Pratt,
Simon, Voetberg. Nays--Nona Absent--
Council Member Krieg.
Communication of Planning and Zen-
Lng Commission approving final plat of
Lot 1-2-2 of Dubuque Industrial Center
5th Addition located east of Chavenelle
Road, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deiqh,
Kluesner, Pratt, Simon, Voetberg.
Nays--None. ~bsent--Council Member
Krleg.
RESOLUTION NO. 125-88
A RESOLUTION APPROVING
THE FINAL PLAT OF LOT 1-2-2
OF DUBUQUE INDUSTRIAL
CENTER 5TH ADDITION IN THE
CITY OF DUBUQUE, IOWA.
WHEREAS~ there has been filed with
the City Clerk a final plat of Lot 1-2-2
of Dubuque Industrial Center 5th Ad-
dition in the City of Dubuque, Iowa; and
WHEREAS, said final plat has been
examined by the City Planning and Zon-
ing Commission and had its approva~ en-
dorsed thereon; and
WHEREAS, said final plat has been
examined by the city Council, and the
City Council finds that the same con-
forms to statutes and ordinances
relating theret~
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of Lot
1-2-2 of Dubuque Industrial Center 5th
Addition in the City of Dubuque, Iowa
be and the same is hereby approved, and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa
upon said final plat.
Passed, approved and adopted this
18th day of April, 1988.
James E. Brady
Mayor
ATTEST
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deice Kluesner, Pratt,
Simon, Voetberg. Nays--Nong Absent--
Council Member Krieg.
Regular Session April 18, 1988
There being no further business, Coun-
cil Member Pratt moved to adjourn the
meeting. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon, Voetberg.
Nays--Non~ Absent--Council Member
Krieg.
Meeting adjourned at 10:41 P.M.
Mary A. Davis
City Clerk
Approved
1988
Adopted
1988
Mayor
Cpuncil Members
ATTES~
City Clerk
143