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1988 May Council ProceedingsRe~[plar Session, ~ 2, CITY COUNCIL OFFICIAL Regular Session, May 2, 1988 Council met at 7:30 o'clock p.m., Public Library Auditorium. present -- Mayor Brady, Council Members De(ch, Kiueaner, Simon, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by ~ John Kalllmanis, Paster of St. Elias the Pro- phet Greek Orthodox Church. PROCLAMATIONS: Month of May as "Community Vision Month" receiv- ed by Hugh Lenane; Month of May as "Mental Health Month"; May 5, 1988 as "Machinist Union Day" received by Dave McCarthy; May 12, 1988 as "Foster Grandparent Program Day" received by Shirley Conry; Week of May 8 through 14~as "National Historic Preservation Week" received by Pam Myhre G any(er, Week of May 8 through 14 as "National Hospital Week"; Week of June 10 through 16 as "Iowa Amer- (can Legion Boys State Week" received by Fran Kelly; Week beginning May 15, 1988 as "Dubuque Tourism Week"; Ex~ pressing THANKS and APPRECIA- TION to former Council Member Kathryn Krieg. Council to appoint Mayor Pw-Tem for term expir'mg the first meetnig in September, 1988. Council Member Kluesner moved that Council Member Dave Shnon be appointed as Mayor Pro- Tern. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members De(ch, Kluesner, Pratt, Voetberg. Nays--Nona Abstain--Council Me~nber Simon. Mayor Brady swore in Mayor Pro-Tern Simon. 1988 144 Proof of publication, certified to by the Publisher, on Notice of Public Hearing on amendment to Code of Ordinances regulating Food Service Establishments, Food and Beverage Vending Machines and Hotels and Motels, presented and read. There were no written objections received and no oral objectors present at the ~ime of the Hearing. Council Member Kluesner moved that the rules bo suspended to allow anyone to address the Council if they so desire. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Klues~ier, Pratt, Simon, Voetberg. Nays--None. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members De(ch, Kluesner, Pratt~ Simon, Voetberg. Nays--None. ORDINANCE NO. 23-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 16-6 THROUGH 16-10 AND SECTIONS 16-17 THROUGH 16-25 THEREOF AND ENACTING NEW SECTIONS 16-6 THROUGH 16-9 IN LIEU THEREOF REGULATING FOOD SERVICE ESTABLISHMENTS, FOOD AND BEVERAGE VENDING MACHINES AND HOTELS AND MOTELS, said Ordinance having been presented and read at the Council Meeting of April 18, 1988, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 23-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALINg SECTIONS 16-16 THROUGH 16-10 AND SECTIONS 16-17 THROUGH 16-25 THEREOF AND ENACTING NEW SECTIONS 16-6 THROUGH 16-9 IN LIEU THEREOF REGULATING FOOD SERVICE ESTABLISHMENTS, FOOD AND BEVERAGE VENDING 145 Regular Session May 2, 1988 MACHINES AND HOTELS AND MOTELS~ NOW, THEREFORE, BE IT OR- DAINED BY THE CITY CouNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Sections 16-6 through 16-10 and Sections 16-17 through 16-25 thereof and enacting new Sections 16-6 through 16-9 as fallows: ARTICLE II. Food Service Estab- lishments, Food and Beverage Vending Machines and Hotels and Motels. "Set 164~. Food service sanitation or- dinance- adopted. The definitions; the inspection of food service establishments; the issuance, suspension and revocation of permits to operate food service establishments; and the prohibition of the sale of unsound or mislabeled food or drink shall be regulated in accordance with the 1976 edition of the Food and Drug Admin- istration Food Service Sanitation Or- dinance, the 1987-88 edition of the Iowa Food Service Sanitation Code and the regulations of the Iowa Department of Inspections and Appeals, which docu- ments and regulations are adopted by reference. Sec. 16-7. Food and beverage vending machine ordinance -- adopted. The definitions, the inspection of food and beverage vending machines; the is- suance, suspension and revocation of permits to operate food and beverage vending machines; and the prohibition of the sale of unsound or mislabeled food or drink shall be regulated in accordance with the 1978 edition of the Food and Drug Administration, Food and Bev- erage Vending Machine Ordinance and the regulations of the Iowa Department of Inspections and Appeals, which docu- ment and regulations are adopted by reference. Sec. 16-8. Hotel and motel inspection guidelines -- adopted. The definitions; the inspection of hotels and motels; and the issuance, suspension and revocation of permits to operate hotels and motels shall be regulated in accordance with the regula- tions of the Iowa Department of Inspec- tions and Appeals, which regulations am adopted by reference. Sec. 16-9. Definitions. The phrases 'local board of health', and 'municipal corporation' as defined in the Codes and regulations adopted in Sec- tion 16-6, 16-7 and 16-8 shall be under~ stood to mean the 'Board of Health of the City of Dubuque' and 'City of Du- buque', respectively." Passed, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 6th day of May, 1988. Mary A. Davis City Clerk It 5/6 Council Member Kluesner moved final adoption of the Ordinanca Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicl~ Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on amending Zoning Ordinance to allow retail bakeries, the sale of bottled wine and gourmet products as a Conditional Use in the OR Office Residential Dis- trict, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Council Members Delch, Klues- net, Pratt, Simon, Voetberg. Nays-- Mayor Brady. ORDINANCE NO. 24-88 AN ORDINANCE AMENDING Regular Session, May 2, 1988 146 APPENDIX A OF THE CODE OF OR- DINANCES, BY ENACTING A NEW SECTION 3-2.1D(10)b(6t IN LIEU THEREOF, BY ALLOWING RETAIL BAKERIES, THE SALE OF BOT- TLED WINE AND GOURMET PRO- DUC~S AS A CONDITIONAL USE IN THE OR OFFICE RESIDENTIAL DISTRICT (first reading given at meeting of 4-18), presented f/)r further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 2448 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINAN- CES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTION 3-2.1D(101b(6) AND ENACTING A NEW SECTION 3-2.1D(10)b(6) IN LIEU THEREOE BY ALLOWING RETAIL BAKERIES, THE SALE OF BOTTLED WINE AND GOURMET PRODUCTS AS A CONDITIONAL USE IN THE OR OF~ FICE RESIDENTIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance of the City of Dubuque, Iowa", by repealing Section 3-2.1D(10)b(6) and enacting a new Section 3-2.1D(10)b(6) in lieu thereof, as follows: 3-2.1 OR Office Realdential District 3-2.1D Conditional Uses b) Only the following uses may be authorized: "6) food service establishments which may provide food for con- sumption on the premises, pack- aged for retail sale or for the con- sumption off the premises. Carry out items for off premises con- sumption shall not be dispensed through any drive-through or walk-up window and shall be limited to the following items: candies and confections, ice cream and other frozen desserts, non- alcoholic beverages except bot- tled wine may be sold, retail bakery and gourmet products;" Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor ATTEST Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day of May, 1988. Mary A. Davis City Clerk it 5/5 Council Member Simon moved that the requirement that a proposed Or- dinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further mov- ed final adoption of the Ordinance. Seconded by Council Member Kluesner. Vote on the motion wes as follows: Yeas--Council Members Deich, Klues- net, Pratt, Simon, Vcotberg. Nays-- Mayor Brady. MOTION FAILED DUE TO LACK OF 8/4 VOTE. Council Member Simon moved that this be considered the second reading only of the Ordfuancg Seconded by Council Member Voetberg. Vote on the motion was as follows: Yeas--None. Nays--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. MOTION FAILED. Following discussion, Mayor Brady voted to reconsider the first motion (waiving of the rules. Seconded by Council Meraber Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council Member Simon moved that 147 Regular Session May 2, 1988 the requirement that a proposed dlnance 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 final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deleh, Kineener, Pratt, Simon, Voetberg. Nays--None. proof of publication, certified to by the Publisher, on Notice of Public Hearing to vacate a portion of Merz Street from Riverview St. westerly to the alley be- tween River St. and Althauser St. and disposing of said property to Richard and Mary Kay Avenarius, presented and read. There were no written objections received and no oral objectors present at the time of Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 25-88 AN Op~DINANCE VACATING A POR- TION OF MERZ STREET FROM RIVERVIEW STREET WESTERLY TO THE ALLEY BETWEEN RIVER- VIEW ST. AND ALTHAUSER ST. IN THE CITY OF DUBUQUE, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 25-88 ORDINANCE VACATING A POR- TION OF MERZ STREET FROM RIVERVIEW STREET WESTERLY TO THE ALLEY BETWEEN RIVER- VIEW STREET AND ALTHAUSER STREET WHEREAS, Richard and Mary Kay Avenarins have requested the vacating of a portion of Merz Street from River- view Street westerly to the alley between Rivervlew Street and Althau~er Street in the City of Dubuque, Iowa; and. WHEREAS, IIW Associates, PC., Dubuque, Iowa has prepared and sul~- mitted to the City Council a plat show- ing 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, Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of Metz Street is no longer required for public use and vacating of said portion of Metz Street known as Lot 42A of Althauser's Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate describ- ed as Lot 42A of Althauser's Subdivi- sion in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the City reserves to itself a perpetual easement including the right of ingress and egress theret~ for the purpose of reconstructing, repair- lng, modifying, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be currently authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the Telegraph Herald this 6th day of May, 1988. Mary A. Davis City Clerk it 5/6 Council Member Kluesner moved that this be considered the fimt 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- Regular Session May 2, 1988 148 bet Voetberg. Carried by the following vo~e: Yeas--Mayor Brady, Council Mem- bers Delch, Khiesner, Pratt, Simon, Veetberg. Nays--None. RESOLUTION NO. 125-88 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general cizcula- tion published in the City of Dubuque, Iowa on the 22nd day of April, 1988, the City Council of the City of Dubuque, Iowa met on the 2nd day of May, 1988, at 7:30 p.m. in the Public Library Auditoriur~ 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 42A of Althauser's Subdivision in the City of Dubuque, Iowa to Richard and Mary Kay Avenarins; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Richard and Mary Kay Avenarius. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CIT~ OF DUBUQUE, IOWA: Section 1. That the disposal of the in- terest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 42A of Althauser's Subdivision in the City of Dubuque, Dubuque Coun- ty, Iowa to Richard and Mary Kay Avenarius be and the same is hereby ap- proved for the sum of Three Hundred Dollars ($300.00) plus cost of publication and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authoriz- ed and directed to execute a Quit Claim Deed, and the City Clerk be is hereby directed and authorized to deliver said deed of conveyance to the above named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Treasurer. Passed, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor kTTES~ Mary A. Davis City Clerk 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--None~ Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specs. for the addition and modification of offices in the Administra- tion Building at the Wastewater Treat- ment Plant, 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 Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 126-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 30th day of March, 1988, plans, specifications, form of contract and estimated cost were fil- ed with the City Clerk of Dubuque, Iowa, for the Addition and Modifications of Of- flees in the Administration Building at the Wastewater Treatment Plant; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 149 Regular Session May 2, 1988 That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- ~ione, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, IGuesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Bidders of the Receipt of Bids for above project AND Communication of City Manager recom- mending to award contract for above to Strub Construction, presented and read. Council Member Kluesner moved that the proof and communication be receiv- ed and filed. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--Non~ RESOLUTION NO. 127-88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Addition & Modification of Offices in the Administration Building at the Waste- water Treatment Plant pursuant to Res(> lutlon No. 82-88 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of April, 1988. WHEREAS, said sealed proposals were opened and read on the 21st day of April, 1988 and it has been determined that the bid of Strub Construction of Dubuque in the amount of $21,036.00 was the lowest bid for 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 Strub Con- struction 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 2nd day of May, 1988. James E. Brady Mayor kTTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. S~conded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deice Kinesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specs. for the relocation of 30" Forcemain, 14th St. to llth St., presented and read. 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, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 128-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 30th day of March, 1988, plans, specifications, form of contract and estimated cost were fil- ed with the city Clerk of Dubuque, Iowa, for the Relocation of 30" Forcemain, 14th Street to 11th Street; and Reb, ular Session, WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor ATTES~ Mary A. Davis 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, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for above project AND Communicatio~ 0f City Manager recom- mending to award contract for above to Techiggfrie Excavating, presented and read. Council Member Kluesner moved that the proof and communication bo receiv- ed and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Daich, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 129-88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Relocation of 30" Forcemain - 14th Street to 11th Street pursuant to Resolu- tion No. 92-88 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7ta5 day of April, 1988. May 2, 1988 150 WHEREAS, said sealed proposals were opened and read on the 21st day of April, 1988 and it has been determined that the bid of Tschiggfrie Excavating of Dubuque in the amount of $103, 604.05 was the lowest bid for the fur- nishing of ail 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 2nd day of May, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk COUncil Member Kinesner moved adoption of the Resolution. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to designate the Dubuque Industrial Center as an Urban Renewal Economic Development District AND Communi- cation of City Manager recommending approval of Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, 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 and communica- 151 tion be received and filed. Seconded by Conncil Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--Nona RESOLUTION NO, 130-88 A RESOLUTION APPROVING THE URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTEIq ECONOMIC DEVELOPMENT DISTRICT WHEREAS, Dubuque In-Futur~ In~ believes that the designation of the Dubuque Industrial Center as an economic development/urban renewal area will enhance its attractiveness as a potential site for new and expanding businesses; and WHEREAS, the City 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 expanding in the community; and WHEREAS, the City Council has, by Resolution 94-88, found that the area to be known as the Dubuque Industrial Center Economic Development District is an economic development district as defined by Chapter 403 of the 1987 Iowa Code and is appropriate for urban renewal activities; and WHEREAS, the City Manager has prepared an Urban Renewal Plan for said district, hereto attached as EXHIBIT A, which indicates, among other things, the development objectives of the dis- trict, standards for relocation assistance, planning criteria and developer require- ments; and WHEREAS, the Planning and Zoning Commission has reviewed the Urban Renewal Plan and has found that said document conforms to the general plan for the development of the City of Du- buque as a whole and has transmitted its findings to the City Council; and WHEREAS, the City Council has held a public hearing on the Urban Renewal plan after public notice thereof by published notice; and _Regular Session May 2, 1988 WHEREAS, it is provided in Chapter 403 of the 1987 Code of Iowa that the governing body of a municipality may approve an urban renewal plan if it finds that: (a) A feasible method exists for the relocation of households displaced from the urban renewal district into decent, safe and sanitary dwelling accommoda- tions within their means and without any undue hardship; and (b) The development of proposed non-residential uses are necessary and appropriate to facilitate the proper growth and development of the com- munity in accordance with sound plan- ting standards and local community ob- jectives; and (c) The Urban Renewal Plan con- forms to the general plan of the municipality as a whole. NOW, THEREFORE, BE tT 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 1 of the Southeast one quarter of the Southwest one 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 2-2 of the Dubuque Industrial Center Fifth Addition and that portion of Chavenelle Road and the adjoining public right, of-way; Lot 1 of the Dubuque Industrial Center Second Addition and that portion of Chavenelle Read and the adjoining public right-of-way, ail in the City of Dubuque, Iowa. Regular Session Section 2. That the development of the Dubuque Industrial Center Economic Development District for non-residential ~ses is necessary for the proper develop- ment qf the community. Section 3. That it is hereby found and determined that a feasible method exists for the relocation of households who will be displaced from the urban renewal district into decent, safe and sanitary dwelling accommodations within their means and without any undue hardship. Section 4. That the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District con- forms to the general plan of the City of Dubuque and is hereby approved. Section 5. That the City Clerk be and she is hereby directed to file a copy of said plan with the minutes of this meeting. Passed, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicl~ Kluesner, Pratt, Siman~ Voetherg. Nays--Nonu Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance establishing a q~ax Increment Financing District within the Economic Development District presented and read. There were no writ- ten objections received and no oral ob- jectors present at the time of the Hearing. Council Member Khiesner moved that the proof of publication be received and filed. Seconded by Council Member Simoni Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Pratt, Simon, Voetberg. Nays--None. May 2, 1988 152 ORDINANCE NO. 26-88 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DU- BUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE ISSUED INCURRED BY SAID CITY IN CONNECTION WITH AP- PROVED DEVELOPMENT PRO- JECTS LOCATED WITHIN SAID URBAN RENEWAL/ECONOMIC DEVELOPMENT DISTRICT, said Or- dinance having been presented and read at the Council Meeting of April 18, 1988, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 26-88 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DU- BUQUE, 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 TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH AP- PROVED DEVELOPMENT PRO- JECTS LOCATED WITHIN SAID URBAN RENEWAL/ECONOMIC DEVELOPMENT DISTRICT. 153 Regular Session, May 2, 1988 WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution passed and approved May 2, 1988, adopted an Ur- ban Renewal Plan for an area known as the Dubuque Industrial Center Eco- nomic Development District, which in- cludes its boundaries, the fallowing lots and parcels: The Northeast one quarter of the Southwest one quarter and Lot 1 of Lot 1 of the Southeast one quarter of the Southwest one quarter of Section 29 Township 89 North, Range 2 East, Dubuque Township, Dubuque County, Iowa and that portion of Radford Road 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 Futuro Court and the adjoining public right-of-way; Lot 2-2 of the Dubuque Industrial Center Fifth Addition and that portion of Chavenelle Road and the adjoining public right-of-way; Lot 1 of the Dubuque Industrial Center Second Addition and that portion of Chavenelie Road and the adjoining public right-of-way; all in the City of Dubuque, Iowa; and WHEREAS, expenditures and in- debtedness of bonds and/or loans are an- ticipated to be incurred by the City of Dubuque, Iowa in the future to finance approved development projects within the Dubuque Industrial Center Eco- nolnic Development District; and WHEREAS, the City Council of the City of Dubuque, Iowa, desires to pro- vide for the division of revenue from tax- ation in the Urban Renewal Project Area, as above described in accordance with the provisions of Section 403.19 of the Code of Iowa, 1987. NoW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the taxes levied on the taxable property in the Urban Renewal/Economic Development Dis- trict known as the Dubuque Industrial Center Economic Development District legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Dubuque~ Iowa, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing district taxing pro- perty in said Urban Renewal/Economic Development District upon the total sum of the assessed value of the taxable property in said district as shown on the assessment roll on January 1, 1987 sball be allocated to and when collected, be paid into the Fund for the respective tax- ing district as taxes by or for said tax- lng district into which all other proper- ty taxes are paid. The 100 percent actual value of the taxable property within said Urban Renewal Economic Development District on January 1, 1987 is found to have been in the amount of $32,010. Section 3. That portion of tile taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special fund to be hereafter established by resolution of the City of Dubuque, Iowa, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under the authority of Section 403.9 of the 1987 Code of Iowa, and the Section 403.12 of the 1987 Code of Iowa, which may be incurred by the City of Dubuque, Iowa, to finance or refinance in whole or in part approved development projects within the Urban Renewal/Econmic Devalpoment District except that taxes on said district shall be collected against all taxable property within the district without any limitations as hereinabove provided. Section 4. All taxes levied and caf- letted upon the taxable property in said Dubuque Industrial Center Economic Development District shall be paid into the funds of the taxing districts as taxes by or for said taxing districts in the Regular Session, May 2, 1988 154 same manner as all other property texes unless or until the total assessed valua- tion of the taxable property in said U~ ban Renewal/Economic Development District shall exceed the total assessed value of the taxable property in said district as shown on the January 1, 1987 Section 5. At such time as the in- debtedness of the City of Dubuque, hereinabove referred re, have been paid, all monies thereaftgr received from taxes upon the taxable property in the Urban Renewal/Economic Development Dis- trict known as the Dubuque Industrial Center Economic Development Distric~ shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinauces in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are in- tended and shall be construed so as to fUlly implement the provisions of Sec- t~on 403.19 of the 1987 Code of Iowa with respect to the division of taxes from property within the Urban Renewal/ Economic Development District as described above. In the event that/any provmlon of this Ordinance shall be d~termined to be contrary to law it Shall not affect other provisions or application of this !Ordinance which shall at all times be construed to fully invoke the provi- sions of Section 403.19 of the Code of Iowa with reference to said Urban Renewal/Economic Development District. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. PassEd, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald this 6th day of May, 1988. Mary A. Davis City Clerk It 5/6 ' Council Member Kluesner moved final adoption of the Ordinanc~ Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deice Kluesner, Pratt, Simon, Voetberg. Nays--Non~ Communication of City Manager re- questing a Public Hearing be set for an amendment to the Fiscal Year 1988 Budget, 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 Dcich, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 131-88 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PRO- POSED AMENDMENT TO THE FISCAL YEAR 1988 BUDGET AND DATE OF PUBLIC HEARING WHEREAS, it is proposed that the City of Dubuque amend its Fiscal Year 1988 budget; and WHEREAS, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on such a budget amendment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution and set the public hearing for May 16, 1988. Seconded by Council Member Pratt. Carried by the 155 Regular Session, May 2, 1988 following vote: Yeas--Mayor Brady, CouncilMembers Deich, Khiesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending to allow the continuance of using City Equipment to maintain Four Mounds Park, AND Communica- tion of F. Robert Woodward requesting continued cooperation between Four Mounds Foundation and City, presented and read. Council Member Simon moved that the communications be received and fil- ed and approved. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon Voetberg. Nays--None. Comraunicatinn of City Manager sub- mitting three alternatives to request of Krieg Boys Ice Corp. regarding dedica- tion of portion of the undedicated Nightengale Lane to the City and re- questing direction after discussion AND Petition of Attorney David Leifker re- questing to address the Council regard- lng Krieg's offer to dedicate portion of Lot 1 of Bill's Place for extension of Nightengale Lane; Communication of Attorney Gary Norby AND two letters of Attorney O'Brien, presented and read. Council Member Simon Inoved that the communication and petition be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Pratt, Simon Voetberg. Nays--None. Gary Norby and David Leifker spoke to the matter. Council Member Simon further moved that the matter be re- ferred to Staff to work out further details with petitioner. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing that Mayor be authorized to ex- ecute an Agreement with Project Con- cern Phone-A-Friend concerning the mini-bus operation for the Fiscal Year beginning July 1, 1988, presented and read. Council Member Simon moved that the Communication be received and filed and request approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deice Kinesner, Pratt, Simon, Voetberg. Nays--None. Communlcatinn of Robert Beteinger requesting to purchase al Glass Globe from a Lamppost located at Main St. and West 1st St., presented and read. Council Member Simon moved that the communication be received and filed and regretfully denied the request. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Meyer Brady. Council Members Dcich, Kluesner, Pratt, Simon, Voetberg. Nays--None, Petition of Charles Cart, Edward Tschiggfrie, Frank Willey and Michael Rhomberg requesting to change the street name of Ney Court in Clarke Crest Estates of "Ravenwood Court" AND Communication of City Manager recom- mending denial of request for name change, presented and read. Council Member Simon moved that the petition and communication be received and filed and approved request for petitioner for name change. Second- ed by Council Member Pratt~ Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesne~; Pratt. Siraon, Voetberg. Nays--Council Member Daich. Decision on filling the vacancy of Council Member representing the First Ward (election or by appointment), presented and read. Council Member Kluesner moved that it be resolved that a Notice be publish- ed that t3As will be filled by appointment and those that are interested are to sub- mit their n~unes et~ to the City Clerk no later than noon, Friday, May 13th. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. HOUSING CODE ADVISORY & APPEALS BOARD -- Council Member Simon moved that Thomas Swift be ap- pointed. Seconded by Council Member Regular Session, May 2, 1988 Deich.' Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klueaner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 132-88 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 such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Chris Baethke Market Place Cafe Town Clock Plaza (Also Sunday Sales) Dubuque Main Street Ltd. 7th Town Clock Plaza (14 day Permit) Nites of the Square Table, Inc. 6th and Locust Streets (Also Sunday Sales) CLASS "C" BEER PERMIT Palmer Drug Co. 2600 Dodge St. (Also Sunday Sales) Revco Discount Drug Centers, Inc. 3049 Asbury (Also Sunday Sales) Passed, approved and adopted this 2nd day of May. 1988. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the 156 following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 133-88 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 comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE ARA Leisure Services, Inc. Dubuque Greyhound Park Track E. 16th Ext. (Also Sunday Sales) Big River Boat Cc% Inc. 1635 E. 16th (Also Sunday Sales) Marco's, Inc. 2022 Central Maylo J. Turner Lucky Lady Saloon 2417 Rhomberg (Also Sunday Sales) James J. Webb Jim's Web 2093 Washington (Also Sunday Sales) Timothy M. Herber 1900 Top 1100 Lincoln Passed, approved and adopted this 2nd day of May, 1988. James E. Brady Mayor ATTES~ 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, 157 Regular Session, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Airport Commission of 4-12; Cable TV Regula- tory Comm. of 4-20; Five Flags Comm. of 4-18; Historic Preservation Corem, of 4-12; Housing Comm. of 4-12; Human Rights Comm. of 4-11; Planning and Zoning Comm. of 4-5; Plumbing Bd. of 4-19; Pofice Retirement Bd. of 4-19; Trml- sit Bdfs Comparative Earnings State- ment and Statistics for 3rd Quarter of Fiscal Year 1988, presented and read. Council Member Simon moved that the minutes be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS: Dubuque Industrial Supply in amt. of $491.53 for vehicle damages; Debbie Kunkel in amt. of $354.11 for vehicle damages; Donald Noonan in amt. of $11.02 for property danmges; H. Lee and Penelope M. Thacker in amt. of $1200 for backed-up sewer damages; Donald Boll in est. amt. of $121.74 for car damages; Iowa DOT vs. Kenneth Hartig et al, ad- vising of appeal regarding the award of damages made by the condemnation commissioners in the amount of $250,000; Hartig Drug Co. vs. IA DOT appealing to District Court from the award damages of the Cmnpensation Commission, presented and read. Council Member Simon moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communications of Corporation Counsel recommending denial/closure of the following claims: Property damages of Richard Kotz; Property damage of Jerry Neuser; Personal injury of Joyce Ney; Car damage of Matt Catron; Pro- perry damage of Dubuque County Sheriff Dept.; Car damage of Merlin Digman; Slip and fall of Charlotte Hanley; Car damage of Hobart Sales & Ma__y 2, 1988 Service; Car damage and personal injury of Wm. Morehouse; Slip and fall of Lois Neal; Car damage of Jerry Pins; Car damage of Gary Schubert; Car dmnage of Brian Schlarmann; Sewer back-up of Charles Schnee; Car damage of Ruth Trausch; Car damage of Harry Vanden- berg; Car damage of Cathy Weidemann; Personal injury of Leona Sauser; Per- sonalinjury of Virginia Lyons, presented and read. Council Me~nber Simon moved that the communications be received and filed and recommendations approved. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Communication of Merchants Bond- ing Co. advising that Fidelity & Surety Insurance is authorized to do business in the State of Iowa, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Pratt, Simon, Voetberg. Nays--None. REFUND REQUESTED: My-Cap for $25 for unexpired Cigarette License for Locker Room Lounge, presented and read. Council Member Simon moved that the refund be approved and Finance Director to issue the proper check. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. NOTICE in the matter of condemna- tion by Iowa DOT for properties located at 200 South Main St., presented and read. Council Member Simon moved that the Notice be received and filed. Second- ed by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Pratt, Simon, Voetberg. Nays-- None. Regular Session, May 2, 1988 157A Communication of Paul Schmitt, City employee, disclosing of intent to par- ticipate in a City funded program (Rehab Loan), presented and read. Council Member Simon moved that the communication be received and filed and approved partialpatio~ Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetherg. Nays--None. Substance Abuse Services Center sub- mitting Third Quarter Report of Fiscal Year 1988 on High Risk Youth, presented and read. Council Member Simon moved that the report be received and filed. Second- ed by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager sub- mitting Quarterly Investment Report prescribed within the "Statement of In- vestment Policy" established for the City of Dubuque, presented and read. Council Member Simon moved that the communication be received and filed. Seconded }~ Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Convention and Visitor's Bureau submitting Third Quarter Fiscal Year 1988 Report, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing approval to request IDOT's approval to annex a portion of U.S. Highway 61/151, presented and read. Council Member Kluesner moved that the communication be received and fried. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 134-88 A RESOLUTION REQUESTING THE IOWA DEPARTMENT OF TRANSPORTATION TO ALLOW A PORTION OF U.S. HIGHWAY 611151 TO BE ANNEXED TO THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque has recently accepted the voluntary annex- ation of property on both the east and west sides of U.S. Highway 611151; and WHEREAS, the legal description of the roadway was not included in the legal description of land for annexation; and WHEREAS, the City of Dubuque wishes to ensure that the roadway separating the annexed area is also made part of the City in order to have con- tinuous, adjacent boundaries; and WHEREAS, the future growth and development of the City of Dubuque make it desirable that said roadway be annexed to 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 Iowa Department of Transportation be petitioned to allow the annexation of a portion of U.S. Highway 61/151 described to wit: That portion of U.S. 61/151 from Station 49 + 36.7 to Station 56 + 30 lying between and con- tiguous to Lot 2 and Lot 3 of Key Gate Center in qhble Mound Township, Dubuque County, Iowa as shown on attached Exhibit A and made a part hereto. Section 2. That the City Clerk be and she is hereby authorized and directed to forward this request to the Iowa Depart- ment of Transportation. Passed, approved and adopted this 2nd day of May, 1988. 157B Regular Session, May 2, 1988 James E. Brady Mayor ATTEST. Mary A. Davis 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, Kluesner, Pratt, Simon, Voetberg. Nays--None. Them being no further business, Coun- cil Member Kluesner moved that the meeting adjourn. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesne~; Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 10:02 P.M. Mary A. Davis City Clerk Approved 1988 Adopted 1988 Mayor Council Members ATTESrf~ City Clerk Special Session CITY COUNCIL OFFICIAL Special Session, May 11, 1988 Council Met at 7:00 EM., Public Library Auditorium. Present -- Mayor Brad~ Council Members Deich, Kluesner, Pratt, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lfudahl. Mayor Brady read the call and stated this is a SPECIAL MEETING called for the purpose to DISCUSS PROPO- SAL RECEIVED FOR THE DOWN- TOWN HOTEL PROJECT. Community Development, Director Jim Burke introduced Bob Pace and Pauline Carson of the Brutger Company and Ray Blesener, Architect. They pre- sented a film slide and oral presentation of the proposed hotel to be located across the street from the Civic Center. Following the presentation, discussion was held between the Company represen- tatives and the City Council. There bei,n, g no further business, Coun- cil Member Simon moved to adjourn the meeting. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 8:38 RM. Mary A. Davis City Clerk Approved 1988 Adopted 1988 Mayor May 11, 1988 Council Members ATTEST. City Clerk 158 159 Regular Session Ma~ 16, 1988 CITY COUNCIL OFFICIAL Regular Session, May 16, 1988 Council Met at 7:30 P.M., Public Library Auditorium. Present -- Mayor Brady, Council Members Deich, Kluesner. Pratt, Simon, Voetherg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. PROCLAMATIONS: May 18 thru 22 as "Very Special Arts Festival" receiv- ed by Ruth Nash and Mary Jaycox; May 18 as "Parkinson Awareness Week" received by Darlene Millard & Vi Scobogen; May 18 at "Transit Apprecin- tion Day" received by Harry Bemis; May 20th as "Sertoma Candy Day" received by Harry Althaus. proof of publication, certified to by the Publisher, on Notice of Public Hearing on the amendment to City of Dubuque Budget for the Fiscal Year 1988. presented and read. There were no writ- ten objections received and no oral ob- ectors present at the time of the Hear- ing. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Simon. Carried by the follow- ing vote; Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--Nonu Council Member Kkiesner moved that the rules be suspended 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, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 135-88 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1988 Be it resolved by the Council of the City of Dubuque, Iowa: Section 1. Following notice published May 6, 1988 and the public hearing held May 16, 1988, the current budget (as previously amendedl is amended as set out herein and in the detail by fund and activity that supports this resolutinn which was considered at that hearing:. As Certified or Amount of Amended T~ Resources Last Amended Change Expenditures/Appropriations: Regular Session Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Comlcfl Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 136-88 A RESOLUTION FOR THE PERMA- NENT TRANSFER OF FUNDS WHEREAS, there is now in the hands of the Treasurer the sum of $247,059 credited tO the Genera[ Revenue Sharing Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $423,000 credited to the Parking Operating Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $340,000 credited to the Self-Insurance Reserve Fund; and WHEREAS, it is desired to transfer $247,059 from the General Revenue Sharing Fund to the Transit Construc- tion Fund for the local share of the garage renovation project; and WHEREAS, it is desired to transfer $423,000 from the Parking Operating Fund and $340,000 from the Self- Insurance Reserve Fund to the Parking Construction Fund to cover the cost of major parking ramp maintenance. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said sum of $1,010,059 as set forth above, be and the same is hereby transferred from the General Revenue Sharing Fund, Parking Opera- ting Fund and Serf-Insurance Reserve Fund to the Transit Construction Fund and Parking Construction Fund, and the May 16, 1988 160 City Finance Director is directed to cor- rect his books accordingly. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion oI the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Eeich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specifications for Rehahi- litatian of 2.4 MMG Ground Eeservoir on Asbury Road; Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for con- struction of above; Communication of City Manager reconunending to reject all bids received for project, presented and read. Council Member Simon moved that the proofs and communication be received and fried. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Vestberg. Nays--None. RESOLUTION NO. 137-88 REJECTION OF BIDS RECEIVED ON MAY 5, 1988 ON 2.4 MILLION GALLON GROUND RESERVOIR WATER STORAGE TANK ON ASBURY ROAD WHEREAS, an engineering firm has inspected the Asbury Read storage tank and recommends that interior structural repairs be made and that the interior and exterior of the tank be p~nted in order to prolong its life; and WHEREAS, plans and specifications were prepared by AEC Engineers & Designers of Minneapolis, Minnesota for the necessary work for the rehabilitation of the storage tank; and 161 Re_gular Session May 16, 1988 WHEREAS, the City Council at their regular meeting on April 4, 1988 author- isod the publication of a Notice to Bid- ders for receipt of bids on May 5, 1988; and WHEREAS, bids were received from nine contractors for this project on May 5, 1988; and WHEREAS, there is evidence that the lowest bidders do not meet the qanlifica- tions as stipulated in the specifications prepared for this project dated February 25, 1988 by AEC Engineers & Designers, Minneapolis, Minnesota; and WHEREAS, it is the recommendation of the engineers and the City staff to re- ject any and all bids received on May 5, 1988. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That all bids received for the rehabilitation of the 2.4 MG ground reservoir water storage tank on Asbury Read received on May 5, 1988 are hereby rejected. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesn~. Carried by the foliowlng vote: Yeas--Mayor Brady, Council Members Dsich, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Proof of publication, certified to by the Publlsber, on Notice of Public Hearing on Plans and Specifications for Rehabil- itation of Roof/Wails for Keyline Tran- sit Garage, 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 proot of publication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, tGuesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 138.88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 28th day of March, 1988, plans, specifications, form of contract and estimated cost were fi]- ed with the City Clerk of Dubuque, Iowa, for the Rehabilitation -- Roof/Walls for Keyline Transit Garage; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Cotmcli Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Kinesner, Pratt, Simon, Voetherg. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of tl~e receipt of bids for construction; Com- munications of City Manager recom- mending awarding of contract for above to Prism Corp. subject to approval by the Urban Mass Transportation Administra- tion, presented and read. Council Member Kluesner moyed that the proof and comraunication be re- Regular Session, May 16, 1988 162 ceived and fried. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 139-86 AWARDING CONTRACT WHEREAS, s~aled proposals have been submitted by contractors for the Rehabilitation; Wails/Roof, Keyline Tran- sit Facility pursuant to Resolution No 89-88 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th & 22nd day of April, 1988. WHEREAS, said sealed proposals were opened and read on the 5th day of May, 1988 and it has been determined that the bid of Prism Corp. -- Southwest of Kialer, Wisconsin in the amount of $593,950.00 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 Prism Corp. -- Southwest and the Manager be and is hereby directed to execute a contract on behalf oI the City of Dubuque for the complete performance of the work. The contract is being awarded subject to approval by the Urban Mass Tran- sportation Administration. BE IT FURTHER RESOLVED: That upon signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in- structed to return the bid deposits ot the unsuccessful bidders. Passed, approved and adopted this 1Bth day of May, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueaner moved edop- tlon of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specifications for reroofing of sludge processing building -- Dubuque Wastewater Treatment Facility, pre- sented and read. There were no written objections received and no oral objectors ,resent at the time of the Hearing. Council Member Simon moved that the proof of publication be received and fil- ed. Seconded by Council Member Voet- berg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 140.88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 13th day of April, 1988, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Reroofing of Sludge Processing Building, City of Dubuque, Wastewater Treatment Faaillty; and WHEREAS, notice af hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 163 Regular Session, May 16, 1988 Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for construction of above; Communication of City Manager recom- mending awarding of contract for above to Geisler Bros. Co., presented and read. Coundll Member Simon moved that the proof and communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Vcetberg. Nays--None. RESOLUTION NO. 141~88 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Reroofing of Sludge Processing Building, City of Dubuque, Wastewater Treatment Facility pursuant to Resolution No. 114-88 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd day of April, 1988. WHEREAS, said sealed proposals were opened and read on the 3rd day of May, 1988 and it has been determined that the bid of Geisler Brothers Com- pany of Dubuque, Iowa in the amount of $34,652.00 was the lowest bid for the fur- nishJng of all labor and materials and per- forming the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to Geisler Brothers Company and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work represented by the Base Bid plus Alter- nate 1. BE IT FURTHER RESOLVED: That upon signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Planning and Zon- ing Commission approving rezoding re- quest of Randy Mills, Darlene Leibofd and Helen Bullard to reclassify proper- ty at 3051, 3055, 3077 Brunskill Rd., presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Pratt. Car- fled by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- net, Pratt, Simon, Voetberg. Nays-- None. An ORDINANCE Amending Zoning Ordinance by reclassifying proper~y at 3051, 3055 and 3077 Brunskill Rd. from R-1 Single Family Residential District to CS Commercial Service and Wholesale District, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance and that it be set for Hearing on June 6, 1988 at 7:30 p.m. in the Public Library AuditoFlum and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Deleh, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Communication of Planning and Zon- ing Commission approving rezoning re- quest of Thomas Leibold for property located north of Raven Oaks Drive, presented and read. Regular Session, May Council Member Simon moved that the communication be received and ill- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kh~esner, Pratt, Simon, Voetberg. Nays--None. An ORDINANCE Amending Zoning Ordinance by reclassifying property north of Raven Oaks Drive from PR Planned Residential District to R-4 Multi-Family Residential District, 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 adoptd be suspended and further moved that a Public Hear- lng be held on the proposed Ordinance on the 6th day of June" 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deleh, Kluesner, Pratt, Simor~ Voetberg. Nays--None. Communication of Planning and Zon- ing Commission approving rezoning re- quest of Kennedy Construction Co. for the Xavier Park Retirement Center, presented and read. Council Member Simon moved that the communication be received and fib ed. Seconded by Council Member Pratt. Carried by the folinwlng vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. An ORDINANCE Amending Zoning Ordinance by approving a Conceptual Development Plan for the Xavier Park ID Institutional District. 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 16, 1988 164 and further moved that a Public Hear- ing be held on the proposed Ordinance on the 6th day of June" 1988 at 7:30 in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deice Kluesner, Pratt, Simon, Voetberg. Nays--None, Communication of Planning and Zon- ing Commission approving amendment to the Conceptual Development Plan for the University of Dubuque, presented and read. Council Member Simon mov- ed 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. An Ordinance Amending Zoning Or- dinance by approving an amendment to the Conceptual Development Plan for the University of Dubuque ID Institu- tional District, 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 6th day of June, 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deleh, Kluesner, Pratt, Simon, Voetberg. Nays--None. Cormnunication of City Manager sub- mitting documents providing for bid- ding procedure for Electrical System im- provement for the Keyline Transit Facili- ty, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--Nons 165 Regular Session May 16, 1988 RESOLUTION NO. 142-88 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the Electrical System Im- provements - Dubuque Keyline Transit Facility, in the estimated amount of $225,000.00, am hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTES~ 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 Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 143-88 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 place same on file in the office of the City Clerk for public inspection of the Electrical System Improvements - Dubuque Keyline Transit Facility. NOW, THEREFORE, BE IT RE- SOLVED that on the 20th day of June, 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 hear- ing, 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 16th day of May, 1988. James E. Brady Mayor ATTES~ 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, Cotmcll Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 144-88 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Electrical System Im- provements - Dubuque Keyllne Transit Facility is hereby ordered to be adver~ tised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shafi 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 9th day of June, 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 20~ day of June, 1988. Passed, approved and adopted this 16th day of Ma:~ 1988. Regular Session, May 16, 1988 166 James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Membe~ Simon 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--Nona Communicatioti of City Manager sub- witting documents for the repair of joints in the Terrazzo surfacing on the Town Clock Plaza, and the removal and resetting of existing clay trig presented and read. Council Member Kluesner 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. RESOLUTION NO. 145.88 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 Repair of Tile and Terrazzo in Town Clock Plaza, in the estimated amount of $76,505.48, are hereby approv- ed and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 146-88 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 Repair of Tile and Terrazzo in Town Clock Plaza. NOW, THEREFORE, BE IT RE- SOLVED that on the 6th day of June, 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 ap- pear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the ResoI~tian. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicl~ Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 147.88 ORDERING BIDS NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Repair of Tile and Terrazzo 167 Regular Session, May 16, 1988 in Town Clock Plaza is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each I~id 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 heroin 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 31st day of May, 1988. Bids shall be opened and road by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 6th day of June, 1988. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTESq!, Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Besohition. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Petition of Al Polsean requesting to address Council about utility rates and annexation complaints, presented and read. Mr. Pdisean spoke. Council Member Simon moved that the petition be received and filed. Secon~led by Council Member Klueaner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Solicitation of proposals for the development of a Downtown Hotel AND Communication of City Manager submitting report on the receipt of a proposal for the purchase of the vacant urban renewal parcel east of the Five Flags Civic Center, presented and read. Council Member Kluesner moved that the proof and communication be receiv- ed and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brad~; Council Mem- bers Deich, Khiesner, Pratt, Simon, Voetberg. Nays--Nong RESOLUTION NO. 148-88 A RESOLUTION (1) APPROVING THE REDEVELOPER PROPOSAL SUBMITTED BY BRUTGER COM- PANIES, INC. FOR DEVELOPMENT OF URBAN RENEWAL PLAN DISPOSITION PARCEL NUMBER 4-2 AND (2) DIRECTING PUBLICA- TION OF NOTICE OF THE CITY'S INTENT TO ENTER INTO A CON- TRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY AND BRUTGER COMPANIES, INC. WHEREAS, the City of Dubuque, Iowa, hereinafter roferred to as "City", did by Resolution Na 67-88 approve the documents and procedures for solicita- tion and approval of proposals Ior disposition of the following legally described property for development of a hotel and parking facility to wit: Block 14 in "DUBUQUE DOWNTOWN PLAZA", in the City of Dubuque Iowo, according to the plat thereof, rocorded as In- strument No. 6305-73, Records of Dubuque County, Iowa; and WHEREAS, B~tger Companies, Ina, hereinafter roferred to as "Company", has submitted a detailed proposal for purchase of said property for the pu~ pose of redevelopment as a hotel and parking facility; and WHEREAS, the City Council has determined that the Company proposal meets the minimum requiroments and competitive criteria established for disposition of said property; and WHEREAS, the statutory require- ments Chapter 403, Code of Iowa 1987 for commpetitive bidding procedures for Regular Session, May 16, 1988 168 disposition of real property in an urban renewal area have been complied with in full. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the proposal of the Company, to enter into an agreement with the City for the sale and redevelop- ment of the above-described property is hereby accepted as being in the public interest and in the furtherance of the purposes of the Urban Renewal Plan and Urban Renewal Law. Section 2. That it is hereby determin- ed that the Company possesses the qualifications, financial rosources and legal ability necessary to acquire and redevelop said property in accordance with the Urban Renewal Plan. Section 3. That the City Manager is authorized and dirocted to prepare for City Council adoption a contract for pu~ chase of land for private redevelopment by and between the City and the Company: Section 4. That the action of this Council be considered to be and does hereby constitute notice to all concern- ed of the intention of this Council to enter into a contract for purchase of land for private redevelopment by and be- tween the City and the Company on or after the 20th day of June, 1988. Section 5. That the official notice of the intent of the City to enter into a con- tract for purchase of land for private redevelopment by and between the City and the Company shall be a true copy of this resolution. Section 6. That the City Clerk is authorized and directed to secure publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this resolution as soon as possiblg Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Khiesner 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--Nun~ Communication of City Manager recommending approval of a Commun- ity Development Block Grant Funds Loan to Metrix Co. in the amount of $150,000, presented and read. Council Member Khiesner moved that the communication be received and filed. Seconded by Council Member Pratt, Car~ ried by the following vot~ Yeas--Mayor Brady, Council Members Deich, Klues- net, Pratt, Simon, Voetberg. Nays-- Nong RESOLUTION NO. 149-88 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH THE METRIX COMPANY 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 Dubuqu~ Iowa desires to assist The Metrix Com- pany in its efforts to relocate to the Dubuque Industrial Center; to enhance and expand its existing medical supply operations; to create permanent employ- ment opportunities for its citizens; and to encourage the exportation of Iowa ~roduct s; and WHEREAS, a Loan Agreement is to executed by The Metrix Company and the same hereto attached and by his reference made a part hereof. NOW, THEREFORE, BE IT RE: SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 169 Regular Session, May 16, 1988 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 Loan Agreement hereto attached, awarding a one hundred and fifty thou- sand ($150,000) loan to The Metrlx Com- pany, 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 DeveI- opment Block Grant entitlement fund, in accordance with the terms and con- ditinns of Loan Agreement hereto attached. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the f0llow]ng vote: Yeas--Mayor Brady, Council Members Deice Kluesner. Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing approval of an Ordinance for the operation of non-franchise com~ municatlon systems in the City of Du- buque, presented and read. Council Member Kluesner moved that the communication be received and Iii- ed~ Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, 1Guesner. Simon, Voetberg. Nays--Non~ Abstain-Council Member Pratt. ORDINANCE NO. 27-88 AN ORDINANCE PROVIDING FOR THE LICENSING SYSTEM FOR COMPANIES NON-FRANCHISE COMMUNICATION SYSTEMS WITHIN THE CITY, presented and (OFFICIAL PUBLICATION) ORDINANCE NO. 27-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADOPTING A NEW ORDINANCE, REQUIRING A LICENSE FOR IN- STALLING, CONSTRUCTING, RE- CONSTRUCTING, REPAIRING OR OPERATING NONFRANCHISED COMMUNICATIONS SYSTEMS; PROVIDING THE PROCEDURE FOR THE APPLICATION AND GRANT OF A LICENSE TO IN- STALL, CONSTRUCT, RECON- STRUCT, REPAIR OR OPERATE NONFRANCHISED COMMUNICA- TIONS SYSTEMS; AND PROVIDING FOR REGULATIONS FOR SUCH SYSTEMS, FEES, AND PENALTIES FOR FAILURE TO COMPLY WITH SUCH REQUIREMENTS. NOW, THEREFORE, BE IT OR- DAINED BY THE CTIY COUNCIL OF THE CITY DUBUQUE, IOWA: The Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adopting the following new ordinance: SEC. 1. DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this ordinance, have the meanings in this section. "Cable system". This term is as de- fined by the Cable Communications Policy Act of 1984, 47 USC 522(6). "City Manager". The City Manager of the City of Dubuque, Iowa, or his or her designee "Communications system". Any tele- phone or telegraph system or any other system of cables, wires or conduits, and any related equipment, facilities, man- holes or overhead poles, operated and maintained for communications pur- poses. "Customer': Any person who pur- chases any services provided by a com- munications system. "Licensee". The person who is issued a license in accordance with the provi- sions of this ordinanc~ Regular Session, May "Local exchange system". A com- munications system furnishing com- munications services between stations all located within a local exchange area. "Local exchange area". An area, as established under regulations of the State of Iowa, in which intra-area com- manications service is provided by a cae tier subject to regulation by the State of Iowa. "Local exchange carrier". The operator of a local exchange system in a local ex- change area.. "Long distance carrier". The operator of a long distance system. "Long distance system". A com- munications system furnishing com- munications services between stations located in different local exchange areas. "Public right-of-way". Any public street, highway, avenue, alley, bridge or sidewalk within the city; skywalk bridges and skywalk corridors are not hi- cluded within this definition. "Wire". Any metallic or non-metallic wir~ or cable used to conduct power or signals, and any load-supporting cable or strand. SEC. 2. LICENSE REQUIRED. No person shall install, construct, reconstruct, repair or operate a com- munications system upon, under, over or within any public right-of-way in the city unless and until a written license is ob- tained pursuant to this ordinanca All such licenses shall be nonexcinsiva Communications systems franchised by the City of or used for a purpose ac- cessory and subordinate to the conduct of a utility or cable system franchised by the City shall be exempt from the re- quirement of a license. SEC. 3. APPLICATION FOR LICENSE. The application for a license shall be on a form provided by the City Manager and shall include the following information: 16, 1988 170 (1) The name, address and telephone number of the applicant. (2) The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the communications system. (3) An engineering site plan showing the proposed location of the communica- tions system, including any manholes or overhead poles, the size, type and pro- posed depth of any conduit or other enclosures, and the relationship of the communications system to all existing streets, sidewalks, poles, utilities and other improvements within the public right-of-way. (4) Any additional information which the City Manager may reasonably requir~ SEC. 4. GRANTING OF LICENSE. All licenses required by this ordinance shall be granted by the City Manager. The City Manager shall review each ap- plication and shall grant each license which he or she de,mines to be in com- pliance with the requirements of this oo dinance and any other applicable legal requirements. In granting a license, the City Manager may require that the ap- plicant change the proposed location of the communications system where ne- cessary to avoid interference with other cables, wires, conduits, pipes, sewers or other facilities placed within the public right-of-way. The duration of the license shall be for a period of fifteen (15) years from the date of the issuance of the license. SEC. 5. AMENDMENT TO LICENSE. In the event that a licensee with a cur~ rent license proposes to expand, reduce, relocate or mcdify any portion of its communications system within public rights-of-way, the licensee shall file an ap- plication for an amendment to its cur- rent license with the City Manager. An application for an amendment to a cur- rent license shall include relevant new in- formation of the type required in connec- tion with the initial application for a license, and it shall be considered and granted by the City Manager in the 171 Regular Session May 16, 1988 same manner as an original license application. SEC. 6. REGULATIONS. (a) No license required under this o~ dinance, or amendment to such license, shall be granted for any communications system until the required fees have been paid, and until a complete application has been filed with and approved by the City Manager. (b) The communications system shall be installed or constructed in accordance with the terms of the license granted by the City Manager. (c) Once the system is in place, the licensee shafi file with the City Manager an as-built survey specifying the actual location of the system, including any manholes or overhead poles, and the licensee shall provide such signs or other economically feasible means of locating the system as may be reasonably re- qnired by the City Manager, including, in the case of underground systems, a re- quirement that the licensee contract with a one~calllocating service or almiIar locating service for inclusion of the system by the service. (d) If it becomes necessary to dig in- to, excavate in or in any manner break up any public right-of-way in connection with the installation, construction, reconstruction, repair, operation, discon- nection or removal of the system, the licensee shall first obtain a permit from the City to do sa (e) Ali technical standards governing installation, construction, reconstruc- tion, repair, operation, disconnection and removal of a communications system licensed hereunder shall be in accordance with all applicable Federal Communica- tions Commission rules and other federal, state and city laws and regulations. (f) The licensee shall maintain all parts of the system in good condition, order and repair. (g) The licensee shall be responelble for repairing or reimbursing other licensed or franchised utilities or communica- tions systems for any damage to their property caused by the negligence of the licensee, or its agents, employees or con- tractors, in connection with the installa- tinn, construction, reconstruction, repair, operation, disconnection or removal of the licensee's communications system. (h) No license required under this or- dinance shall be granted to authorize placement of a communications system in any space which is required for public use, (i) Failure by the licensee to comply with any of the requirements of the license or this ordinance shall constitute grounds for termination of the license by the City. SEC. 7, RELOCATION OR REMOVAL WHEN REQUIRED BY PUBLIC NEEDS, (a) The licensee shall, upon ninety (90) days notice from the City and at no cost to the City, protect, support, or tem- porarily or permanently disconnect, relocate within the same or other public right-of-way, or remove any or all of its communications system when required to do so by the City because of street or other public excavaUlon, construction, repair, grading or regrading; traffic con- ditions; installation of sewers, drains, water pipes, or City-owned power or signal lines; vacation or relocation of public rights-of-way; installation or con- struction of any other type of structure by the City or any other public agency; or any other type of improvement which promotes the public health, safety or welfar~ (b) If, at any time, in case of fire or disaster in the city, it shall become necessary in the reasonable judgement of the City Manager to cut or secure any of the wires, cables, amplifiers, ap- pliances, or appurtenances thereto of the licensee, such cutting or removing may be done and any repairs rendered necessary thereby shall be made by the licensee, at its sole expensg (c) The licensee shall, at the request of any person holding a building moving permit, temporarily remove, raise, or lower its wires to permit the moving of said building, provided the licensee has been given not less than ten (10) Regular Session, May working days notice of such mow The reasonable cost of such temporary removal, raising, or lowering of wires shall be paid by the person requesting the same, and the licensee shall have the authority to require such payment in advance, SEC. 8. LICENSE FEES. (a) It shall be a term and condition of any license issued pursuant to this dinance that~ as part of the considera- tion supporting the issuance of such license and the City's permission thereby tO occupY and use the public righte-of- way of 'the City, the licensee shall payto the City fees computed as follows: (1) An administrative fee of two hun- dred dollars ($200.00) shall be due and payable to the City Manager at the time of filing of the initial license application and at the time of filing of each propos- ed amendment to the license. (2) If tlie licensed communications system serves no custemers other than the licensee itself, then, in addition to the above mentioned administrative fee, the licensee shall pay a use fee to the City Manager at the time of filing of the ini- tial license application. The amount of the use fee shall be the greater of the following two amounts: (i) $100.00, or (ii) $1.00 per lineal foot of route traversed by the communications systems. (3) If the licensed communications system serves customers other than the licensee itself, then, in addition to the above mentioned administrative fee, the licensee shall pay an annual use fee to the City Manager. The annual use fee shall be based on a license year ending on March 31~st of each year, and the use fee for each license year shall be due ond payable at the end of such year on March 31st or, if the license has terminated dur- lng such year, on the date of termination. The amount of the annual use fee shall be the greater of the following two amounts: (i) $100.00, or (ii) five percent (5%) of the gross revenues derived by the licensee from the sale or exchange of communications services in connection with the operation of the licensee's com- munications systems within the public rights-of-way during the license year. Each annual use fee payment shall be 16, 1988 172 accompanied by a report from the licensee in a form approved by the City Manager and the City Legal Depart- ment showing the basis for the computa- tion of the fee and such other relevant data as may be required by the City Manager and the City Legal Depart- ment. Each such report shall contain a notarized verification by the chief finan- cial officer of the licensee, and upon re- quest by the City, such reports shall be verified by a certified public accountant at the expense of the licensee. (b) The following communications systems shall be exempt from the use fee requirements: (1) Communications systems fran- chised by the City or used for a purpose accessory and subordinate to the con- duct of a utility or cable system franchis- ed by the City. (2) Long distance communications systems. (c) The acceptance of any use fee pay- ment by the City shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shell such acceptance of payment be con- strued as a release of any claim which the City may have for additional sums due and payable. All use fee payments shall be subject to audit by the City Manager and assessment or refund if the payment is found to be in error. In the event that such audit results in an assessment by and an additional pay- ment to the City, such additional pay- ment shall be due and payable imme- diately, tegether with interest at the rate of eight percent (8%) per year calculated from the due date for the use fee in question. (d) The licensee shall pay interest at the rate of eight percent (8%) per year on any overdue use fee calculated from the due date for the use fe~ (el Nothing in this ordinance shall be construed to limit the liability of the licensee for all applicable federal, state and local taxes. (f) Nothing in this ordinance shall be construed to prevent ~he City Council from exercising the right of the City to 173 Regular Session May 16, 1988 change the amount of any of the fees re- quired by this section. SEC. 9. REIMBURESEMENT FOR CITY COST ASSOCIATED WITH CONSTRUCTION ACTIVITIES. The licensee shall reimburse the City for expenses incurred by the City in reviewing and monitoring construction activities of licensee in public rights-of- way. SEC. 10. HOLD HARMLESS; IN- SURANCE; BOND. It shall be a term and condition of any license issued pursuant to tbis ordinance that, as part of the consideration suppor- ting the issuance of such license and the City's permission thereby to occupy and use the public righte-af-way of the City, the licensee shall assume the following obligations: (1) The licensee shall indemnify, pro- Cect, save and hold harmless and defend the City from and against any and ail liability, losses and damages to proper- ty, or bodily injury or death to any per- son, including payments made under workers' compensation laws. arising out of or in any way connected with the in- stallation, construction, reconstruction, repair, operation, disconnection or removal of the licensee's licensed com- munications system. The licensee shall pay all reasonable expenses incurred by the City in defending itself with regard to any of the aforementioned claims, in- cluding ail out-of-pocket expenses such as attorneys' fees and the value of any services rendered by the City Legal Department or any other officers or employees of the City. If any litigation on account of any such claims shall be commenced against the City, and upon receipt by the licensee and written notice of such litigation from the City, the licensee shall defend the same at its own cost and expense. The record of any judgement rendered against the City on account of such claims shall be con- clusive as against the licensee and shall entitle the City to recover the full amount thereof with interest and costs and attorneys' fees incurred by the City. The right of action therefore shall accrue to the City as soon as judgement shall have been rendered. The City shall fully cooperate with the licensee's defense of any such claim or action. (2) Immediately upon issuance of the required license~ the licensee shall pur- chase such general liability insurance as is required by the City Manager in con- formity with such written standards relative to the amount of insurance coverage and deductible, the type of in- surance policy and the qualifications of the insurer as shall be promulgated, and as may be amended from time to time, by the City Manager with the approval of the City Lagai Department. The licensee shall maintain such insurance coverage for as long as the licensed com- munications system remains in place within public rights-of-way. The City shall be named as au additional insured on the insurance policy, and the policy shall provide on its face that it may not be cancelled except after at least thirty (30) days written notice to the City. Im- mediately upon issuance of the required license, the licensee shall file with the City Manager a Certificate of Insurance which clearly discloses on its face coverage in conformity with all of the foregoing requirements, and if requested by the City Manager. the licensee shall additionally submit a certified copy of the policy. (3) Immediately upon issuance of the required license~ the licensee shall file with the City Manager such bond as is required by the City Manager in confor- mity with such written standards relative to the amount of the bond and the qualifications of the surety as shall be promulgated, and as may be amend- ed from time to tim~ by the City Man- ager with the approval of the City Legal Department. The purpose for such bond shall be to protect the City from any and all damages and costs suffered or incurred by the City from any failure by the licensee to restore all public rights-of-way and other public property affected by the installation, constrnction, reconstruc- tion, repair, operation or removal of the licensed communications system to its proper condition hi accordance with City standards. Such bond shall be main- tained by the licensee for as long as the system remains in place within public rights-of-way and thereafter until the Regular Session, May 16, 1988 174 licensee shall have satisfied in full any and an obligations to the City which arise out of the licensed cemmunica~wns system. SEC. 11. FAILURE TO SECURE, RENEW OR COMPLY WITH LICENSE. (a) Any person who falls to secure the license required under this ordinance or any licensee who fails to comply with the requirements of the license or this or- dinance or with ony other applicable legal requirements shall, upon notifica- tion of such violation by the City Manager, immediately act either to abate the violation or to cause the licensee's communications system either to be removed or to be disconnected and rendered inoperative. (b) The City reserves the right either to remove or to disconnect and render operative any communications system u~ed or maintained contrary to the pro- visions of this ordinance. (c) Upon demand of the City, upon ter- mination or revocation, the licensee shall promptly, within one hundred eighty (180) days, remove its system from public property. If the licensee fails to remove all its properties fi:om public property within the one hundred eighty (180) day re- moval period, the City Manager may declare all such property of the licensee abandoned, and all such property shall become the property of the City, and the licensee further agrees to execute and deliver an Lqstrument in writing trans- ferring its ownership interest in any such property to the City. In lieu of declaring the property abandoned, the City may cause the property to be removed, and such costs of removal shan be paid by the licensee. SEC. 12. TRANSFERS AND ASSIGNMENTS. The licensee shah not transfer or assign all or any portion of its interest in any license granted pursuant to this ordinance. For purposes of this section, a merger or corporate reorganization shall not be deemed a transfer or assignment. SEC. 13. USE OF POLES. In ames where electric ut'dity facilities are aboveground at the time of installa- tion, the licensee may install its wires and cables and amplifiers aboveground provided that the licensee: (a) Shall negetiate the appropriate pole attachment agreements with owners of the poles, which shall be subject to review and approval by the City Mana- ger; and (b) Shall place its service underground as hereafter specified. The licensee shall not erect, for any reason, any pole on or along any street or public right-of-way of the City, except as may be reasonably required or necessary to fill small gaps in the ex- isthig aerial utility systems, and then on- Iy with the advance written approval of the City Manager. SEC. 14. UNDERGROUNDING. The licensee shall place all its trans- mission and distribution lines under- ground where all or any portion of the lines of the electric facilities are underground, or where such may bere- after be placed or required by the City to be placed underground. SEC. 15. NOTICE; APPEAL. (a) The City Manager shall promptly send by certified mall with return receipt a written notice advising each licensee or prospective licensee of any of the following: action by the City Manager hi granting or denying an application for a license, action required of the licensee by the City and/or notification of failure to secure or comply with a license pur- suant to this ordinance. (b) An aggrieved licensee or prospec- tive licensee shall have the right to ap- peal to the City Council by filing a writ- ten appeal with the City Manager speci- fying the reasons therefor, within thir- ty (30) days of the City Manager's action or notification. SEC. 16. CONSTRUCTION OF ORDINANCE. Nothing in this ordinance shall be 175 Regular Session May 16, 1988 ratification of, the occupation of any of the public rights-of-way or public places of the City by any person now occupy- ing the same without legal right, nor shall tins ordinance be construed as con- ferring the rigbt to occupy any of the public rights-of*way or public places of the City upon any such person now il- legally or without authority occupying the same. SEC. 17. POLICE REGULATIONS. The provisions of this ordinance are subject to such reasonable regulations and ordinances of a police nature as the City Council may from time to time deem necessary to adopt, not destructive of the rights which may accrue to any person under this ordinance. SEC. 18. SEVERABILITY. If any section or part of a section of this ordinance shall be declared null and void, the remaining portion hereof should not be affected thereby. This ordinance shall be in full force and effect immediately upon its final adoption and publication as provided by law. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTEST. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of May, 1988. Mary A. Davis City Clerk It 5/24 Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinauce be considered ahd voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspend- ed and further moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deieh, Kluesner, Simon, Voetberg. Nays--None. Abstain-- Council Member Pratt. ORDINANCE NO. 28-88 AN ORDINANCE CHANGING THE NAME OF NEY COURT TO RAVEN- WOOD COURT, IN THE CLARKE CREST ESTATES SUBDIVISION, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 28-88 AN ORDINANCE CHANGING THE NAME OF NEY COURT TO RAVEN- WOOD COURT, IN THE PLAT OF LOTS 4-12 INCLUSIVE OF BLOCK 4, LOTS 1-16 INCLUSIVE OF BLOCK 5, LOTS 1-4 INCLUSIVE OF BLOCK 6, LOTS 1-3 INCLUSIVE OF BLOCK 7 AND LOTS 5-9 INCLUSIVE OF BLOCK 8 OF CLARKE CREST ESTATES AND THE PLAT OF LOTS 5-9 INCLUSIVE OF BLOCK 6 OF CLARKE CREST ESTATES, ALL IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there appears in the records of the Dubuque County Recorder a final plat of Lots 4-12 inclusive of Block 4, Lots 1-16 inclusive of Block 5, Lots 1-4 inclusive of Block 6, Lots 1-3 in- ciuaive of Block 7 and Lots 5-9 inclusive of Block 8 of Clarke Crest Estates, recorded as Instrument No. 1789-81 therein, and the final plat of Lots 5-9 in- clusive of Block 6 of Clarke Crest Estates, recorded as Instrument No. 4540-81 therein, ali in the City of Du- buque, Iowa; and WHEREAS, said plats have platted, named and dedicated to the public a street known as Ney Court; and WHEREAS, said platted Ney Court has herein been requested by the adjoin- ing property owners to be renamed Ravenwood Court; and WHEREAS, Section 409.17 of the Code of Iowa, 1987 provides that the City Council may, by ordinance, cause the name of a platted street to be changed. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, May 16, 1988 176 Section 1. That the platted street k~own as "Ney Court" contained within the final plat of Lots 4-12 inclusive of Block 4, Lots.l-16 inclualve of Block 5, Lots 1-4 inclusive of Block 6, Lots 1-3 fu- cinsive of Block 7 and Lots 5-9 inclusive of Black 8 of Clarke Crest Estates in th~ City of Dubuque, Iowa, and recorded as Instrument N~x 1789-81, and the plat of Lots 5-9 inclusive of Block 6 of Clarke Crest Estates, in the City of Dubuque, Iowa and recorded as Instrument No. 4540-81 in the record of plats in the of- fice of the Dubuque County Recorder shall herein after .be named and known as Ravanwood Court. Section 2. That the Mayor and City Clerk of the City of Dubuque, Iowa, shall certify and file this ordinance, after its passage, with the County Recorder, City and County Assessor and County Auditor of Dubuque County, Iowa and the auditors shall make the proper changes on the plats known in the office of the Auditor and the Recorder shall enter the instrument of record and make reference on the margin of the original plats'0r upon a reference sheet or page attached to the original plats for that purpose. Passed, approved and adopted this 16th day of May, 1988. ~mes E. Brady Mayor ATTESt. M~h-y A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of May, 1988. Mary A. Davis City Clerk It 5/23 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 Ordinanc~ Seconded by Council Mem- ber Simon. Carried by the followte~ vote: Yeas--Mayor Brady, Council Member Deich, Kluesner, Pratt, Simon, Vcotberg. Nays--None. Communication of City Manager recommending participation in a survey to determine how much is being spent for human services in our area in an amount not to exceed $1000, presented and read. Council Member Kluesner moved that the matter be tabled and referred to Staff. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing Council approval of an applica- tion to HUD to participate in the FY '88 Federal Entitlement for the Rental Rehabilitation Program, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Vest- berg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None, RESOLUTION NO. 150-88 AUTHORIZING THE MAYOR TO EXECUTE STATEMENT OF INTENT TO PARTICIPATE IN FEDERAL RENTAL REHABILITA- TION PROGRAM, DIRECTING THE CITY MANAGER TO SUB- MIT PROGRAM DESCRIPTION, AND AUTHORIZING THE MAYOR TO EXECUTE ALL APPLICA- TIONS TO PARTICIPATE IN THE RENTAL REHABILITATION PROGRAM. WHEREAS, the City of Dubuque has been allocated an entitlement amount $63,000 in the Federal Rental Rehabilita- tion Program for fiscal year 1988; and WHEREAS, the City of Dubuque has a need for continued rental rehabilitation assistance; and WHEREAS, the City of Dubuque has been a successful participant in the State of Iowa's Rentai Rehabilitation Program for fiscal year 1984, 1985 and 1986, and a successful participant in the fiscal year 1987 Federal Rental Rehabilitation Program. 177 Regular Session May 16, 1988 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized and directed to submit a statement of in- tent for the City of Dubuque's par ticipa- tion in the fiscal 1988 federal entitlement for Rental Rehabilitation Funds. Section 2. The City Manager is authorized and directed to submit a pm- gram description, and the mayor is authorized and directed to sign the necessary applications to support the City's statement of intent including, but not limited to, required legal dpcumante for the Rental Rehabilitation Program. Section 3. That the City of Dubuque Housing Commission is hereby directed to conduct the necessary public hearings regarding tins application as soon as possible in accordance with requirements of Chapter 438.28 of the Code of Iowa, and to review and/or approve or suggest modifications of tbe plans for program design and administration of this pro- posed program. Section 4. That the City Manager is hereby authorized and directed to for- ward said applications and resulting standard executed contracts to the respective agencies in a timely fashion and as required by the United States Department of Housing and Urban Development. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTE S~. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deice Kluesner, Pratt, Simon, Voetberg. Nays--Nona Communication of City Manager re- questing approval of an application to HUD for Moderate Rehabilitation Pro- gram Housing Units, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Cat~ tied by the following vote: Yeas--Mayor Brady, Council Members DeicE Kines- ncr, Pratt, Simon, Voetberg. Nays-- None~ RESOLUTION NO. 151-88 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR ADDITIONAL 100 UNITS OF SECTION 8 MODERATE REHABILITATION PROGRAM HOUSING WHEREAS, the City of Dubuque and the U.S. Department of Housing and Ur- ban Development have approved a Hens- ing Assistance Plan for 1985-88 which calls for development of 100 additional Section 8 Moderate Rehabilitation Pro- gram housing units; and WHEREAS, the City of Dubuque has successfully administered the Moderate Rehab Program since 1980; and WHEREAS~ a waitinglist for assisted housing in excess of 600 families con- tinues to exist; and WHEREAS~ the Moderate Rehab Pre gram serves as a stiumulus to private sector up-grading of lowerqncome hous- ing units; and WHEREAS, the U.S. Department of Housing and Urban Development has extended an invitation to the City to ap- ply for Moderate Rehab Housing funding;, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized and directed to submit an application to the U.S. Department of Housing andUt- ban Development for additional Mod- orate Rehabilitation Housing funds. Section 2. The City of Dubuque Hous- ing Commission is hereby directed to conduct the necessary public hearings regarding tins application as soon as possible in accordance with requirements of Chapter 403.A.28 of the Code of Iowa, Regular Session, May 16, 1988 178 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 agen- ales in a timely fashion and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTE S~. Mary A. Davis City Clerk Council Member Kinesner 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--None. Comraunicatinn of League of Iow~ Municipalities pertaining to vacancy on their Executive Bd., presented and read. Council Member Simon moved that the commonication be received and filed and Council Member Dcich expressed desire to seek appointment. Seconded by Council Member gluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deice Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Aggie Kramer, Planning Tech. submitting Meeting at- tondance records for Commissioners Steve Hardie and Jack Holtz, presented and read. Council Member Simon moved that the communication be received and filed and further, it was resolved that Stephen Hardie be reappointed and Nicholas Schrup III be appointed to three year terms on the Planning & Zoning Com- mission. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council recessed at 8:58 PM. Council reconvened at 9:10 P.M. Council appointment to fill vacancy of Council Member representing First Ward (term of Kathryn Krieg). Appli- cants: Mary Miller, John Kinuer, James Heckmann, Margaret Fab, David Hunt. Each applicant spoke and responded to questions. First Vote: Mayor Brady voted for Miller; Council Member Daich voted for Klauer; Council Member Khiesner voted for Heckmann; Council Member Pratt voted for Heckmann; Council Member Simon voted for Heckmann; Council Member Voetberg voted for Hunt. No majority reached, a second vote was taken: Mayor Brady voted for Fah; Council Member Deich voted for Klaner; Council Member Kluesner voted for Heckmann; Council Member Pratt voted for Heckmann; Council Member Simon voted for Heckmaan; Council Member Voetberg voted for Hunt. Again, no majority reached a third vote was taken: Major Brady voted for Heckmann; Council Member Daiak voted for Heckmann; Council Member Kluesner voted for Heckmann; Council Member Pratt voted for Heckmann; Council Member Simon voted for Heckmann; Council Member Voetberg voted for Heckmann. There- fore, it was resolved that James Heck- mann, 1140 Reckdale Road, be ap- pointed to fill the unexpired term as a Council Member representing the First Ward, said term to exp'rce 11-5-89. RESOLUTION NO. 152-88 BE tT RESOLVED by the City Coun- cli of the City of Dubuque. Iowa, that the following have complied with the provi- sions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigaret- tes and Cigarette Papers within said City. Betty Leib-Betty Detwiler Betty's Cafe (MY-CAP) 504 Central Ave. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor 179 Regular Session May 16, 1988 ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Heckmann, Pratt, Simon, Voetberg. Nays--Nona RESOLUTION NO. 153.88 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 ec- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque~ Iowa, that the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Beecher Co., Inc. Beecher Beverage & Gas 2399 White St. (Also Sunday Sales) Dubuque Yacht Basin, Inc. 1630 E. 16th St. (Also Sunday Sales) CLASS "E" BEER PERMIT Beecher Cb, Inc. Beecher Beverage 1691 Asbury Rd. (Also Sunday Sales) Walgreen Co. Walgreens 555 J.F. Kennedy (Also Sunday Sales) Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolut/on. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 154-88 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 comply with the State Law and all City Ordinances relevant thereto and they have filed proper bends; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License, CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club 1800 Randall Pl. (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE D.B.Q., Inc. Shot Tower Inn 4th and Locust St. (Also Sunday Sales) Beverly A. Lateen Denny's Lux Club 3050 Asbury Rd. (Also Sunday Sales) Donna M. Ginter Silver Dollar 342 Main St. (Also Sunday Sales) Soupy's Inc. Hudson's Lounge 2095 Kerper Bird. (Also Sunday Sales) CLASS "B" WINE PERMIT New French Cafe · aste of France 467 Bluff St. (Also Sunday Sales) Regular Session Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTE S~. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Historic Preservation Commission of 4-28; Human Rights Commission of 4-26; Planning and Zoning Comm. of 4-6 & 4-20; Public Library of 4-26; presented and read. Council Member Deich mov- ed that the minutes be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kinesner, Heckmann, Pratt, Simon, Voetbarg, Nays--Nona NOTICES OF CLAIM/SUITS: Clem Aird in unknown amt. for backed-up sewer damages; Jeffrey Bleile in amt. of $3000 for vehicle damages; Ron Fishdick by Carolee Fislmick in unknown amt. for vehicle damages; Steven Hansen in amt. of approx. $1000 for personal injuries; Judy Hingtgen in amt. of $193.40 for personal injuries; Wm. J. Link in amt. of $1035 for vehicle damages; Clarence Meyer in amt. of $72.91 for car damages; Miller Elco, Supply, In~ appealing award of damages made by the condemnation commissioners; D. Wflke in est. amt. of $745 for car damages, presented and read. Council Member Deich moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesrter, Heckmann, Pratt, Simon, Voetberg. Nays--Nong Proofs of publication, on List of Claims for month of March, 1988; Notice of Finding of No Significant Effect on the Environment for Advanced Data May 16, 1988 180 Comm. Ina Project; Notice of Intent to release funds for Advanced Data Comm, In~ project, presented and read. Council Member Deich moved that the ~roofs be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. REFUNDS REQUESTED: James Denman, $150 for unused portion of Class "B" Beer Permit; EP.Z. $211.25 for unexpired portion of Liquor License, presented and read. Council Member Deich moved that the refunds be approved and Finance Direc- tor to issue the proper check. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Heck- mann, Pratt, Simon, Voetberg. Nays-- Communication of Dubuque Bank & Trust submitting report for Bethany Home Project as required in agreement, ~resented and read. Council Member Deich moved that the communication and report be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending acceptance of City Hall Elevator and Office Renovation Project, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Klueaner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 155-88 ACCEPTING IMPROVEMENT WHEREAS, the contract for the In- stallatiun of an Elevator and for Office Renovation in City Hall has been com- 181 Regular Session, May 16, 1988 pleted and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted according to the terms of the con- tract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approv- ed and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Community Development Funds, and General Fund, as part of the Fiscal Year 1986-1990 Capital Improvement Pro- gram in amount equal to the amount of his contract, less any retained percentvge provided for therein. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 156-88 FINAL ESTIMATE WHEREAS, the contract for the In- stallation of an Elevator and for Office Renovation in City Hall bas been com- pleted and the City Engineer has sub- mitred his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $152,790.16 and that said amount shall be paid from the Community Develop- ment Funds, and General Fund, as part of the Fiscal Year 1986-1990 Capital Im- provement Program of the City of Du- buque, Iowa. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady. Council Members Delch, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of Corporation Counsel recommending clasure of follow- ing claims: Car damage of Dubuque In- dustrial Supply Ca, Car damage of Deb- bie Kunkel; Truck damage of Lime Rock Springs; Car damage of Lawrence Oswaid; Sewer back-up of H. Lee and Penelope Thacker; Slip and fall of James Wahlert, presented and read. Council Member Deich moved that tbe communications be received and filed and approved closures. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--Non~ Communication of City Manager re- questing approval of a Purchase of Ser- vices Agreement for Helping Services for Northeast Iowa, Inc. for the Fiscal Year beginning July 1, 1988 and author- izing the Mayor to execute the Contract, presented and read. Council Member Deich moved that the communication be received and filed and approved authorization. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heck- mann, Pratt, Simon, Voetberg. Nays-- None. ~n, May Communication of City Manager re- .questing approval of Memorandum of Understanding between Iowa Dept. of Inspections and Appeals for Food Ser- vice and Hotel Sanitation and authoeize Mayor to execute document, presented and read. Council Member Daich moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by tho following vote: Yeas-- Mayor Brady, Council Members Deich, iKhiesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 157-88 RESOLUTION APPROVING A MEMORANDUM OF UNDER- STANDING BETWEEN THE CITY OF DUBUQUE AND THE IOWA STATE DEPARTMENT OF IN- SPECTIONS AND APPEALS FOR ENFORCEMENT OF THE FOOD SERVICE SANITATION, HOTEL INSPECTION, AND VENDING MACHINE LAWS OF THE STATE OF IOWA. · WHEREAS, the City of Dubuque and ~ae Iowa Department of Inspections and Appeals entered into a Memorandum of E~nderstanding in September af 1986 Whereby the City was authorized to en- force the Iowa Food Service Sanitation Code, the Iowa Hotel Sanitation Code, and the Iowa Food and Beverage Vend- iag Machine Laws; and WHEREAS, said Memorandum of Understanding extends until July 1, 1988; and WHEREAS, both parties agree that it is to their mutual advantage to extend ~he Memorandum of Understanding un- ~il July 1, 1990. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Ibwa, hereby approves the attached Memorandum of Understanding be- tween the Iowa Department of Inspec- tions and Appeals and the City of Du- l~uqu~ Iowa. Section 2. That the Mayor of the City of Dubuque is hereby authorized and 16, 1988 182 directed to execute said Memorandum on behalf of the City of Dubuqua Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTESt. Macy A. Davis City Clerk Council Member Deich moved adop- tion of the Resohition. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner. Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing authorization to publish notice of Environmental Review Findings for the Meteix Co. Project. presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None~ RESOLUTION NO. 158-88 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COM- MUNITY DEVELOPMENT BLOCK GRANT PROJECT. WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1988 with the U.S. Depar tanent of Hens- lng and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act af 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for t~he hereinafter described project to be financed with Community Development Block Grant funds; and 188 Regular Session May 16, 1988 WHEREAS, an ad hoc Environmen- tal Review Committee on May 9, 1988 has after due consideration made a deter- ruination that the project is not a ma- jot Federal action significantly affecting the quality of tho human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Clerk be and she is herby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. The Metrix Company Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of June 6, 1988 authorizing the submission of a request to the U.S. Department of Housing and Community Development to undertake the project. Passed, approved and adopted this 16th day of May, 1988. James E. Brady Mayor ATTEST. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Mpmber Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. Conununication of Stete of Iowa Dept. of Economic Development CEBA pro- ject Review Committee advising of denial of application for The Metrix Co., presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. There being no further business. Coun- cil Member Pratt moved to adjourn the meeting. Seconded by Council Member )eich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon, Voetberg. Nays--Nong Meeting adjourned at 9:46 EM. Mary A. Davis City Clerk Approved 1988 Adopted 1988 Mayor Council Members ATTEST. City Clerk CITY COUNCIL OFFICIAL Regular Session, June 6, 1988 Council Met at 7:30 p.m., at the Public Library Auditorium Present--Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Simon. Voetberg, City Manager W. Ken- neth Gearhart. Corporation Counsel Barry A: Lindahl. Mayor Brady read the call and stated this session is THE REGULAR SES- SION of the City Council called for the purpose to act upon such business which may properly come before the Council. Council Member Simon moved to sus- pend the rules to allow anyone present to address tlie Council if they should so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Heckmann, Pratt, Simon. Voetberg. Nays--None. Proof of publication, certified toby the Publisher, on Notice of Public Hearing to rezone property at 8051; 3055, 3077 Brunskill Read; Petition containing 57 signatures objecting to changing the R-1 Zoning presently in existence on the pro- perties at 3051, 3055, and 3077 Brunskill Rd.; Pe{fition of Mr. and Mrsl Kenneth Thill objecting to rezoning of the proper- ties from 3051-3061 etc. Brunskill Rd. from Residential to Commercial ServlC( presented and read. Council Member Heckmann moved that the proof and petitions be received and filed. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Heckmann, Pratt, Simon, Voetherg. Nays--None. Randy Mills, John Herrlg, requested rezoning. Bill Herrig and Joan Herrig of 2855 Brunskill, objected to proposed rezoning. An ORDINANCE amending Zoning Ordinance by reclassifying property at 3051, 3055 and 3077 Brunskill Read from I~1 Single-Family Residential June6, 1988 184 District to CS Commercial Service and Wholesale District (lst reading given on 5-20-88), presented for final action. Coun- cil Member Simon moved that the re- quirement that a proposed Ordinance be considered and voted on for passage at two meetings prior te the meeting at which it is to be finally adopted be suspended and further ~noved final adop~ tlon of the Ordinance. Seconded by Council Member Pratt. Vote on the mo- tlon was as follows: Yeas--Nona Nays-- Council Members Deich, Kfuesner, Heckmann, Pratt, Sinaon, Voetberg. MO- TION FAfLED. ~ Council Member Heckmann moved that the matter be tabled until Mr. Mills presents this matter to the Zoning Bd, of Adjustment and this Council finds a continuous lawful use. Seconded by Council Member Deich. Carried by the fallowing vote: Yeas--Mayor Brady. Council Members Deich, Heckmann, Pratt, Voetberg. Nays--Council Members Kluesner, Simon. Council Recessed at 8:52 p.m. Council reconvened at 9:00 p.m, Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone property located north of Raven Oaks Drive, presented and read. There were no written objections receiv- ed 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 Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Heckmann, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 29-88 AN ORDINANCE OF THE QITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE OF THE CITY OF DU- BUQUE, IOWA" BY RECLASSIFY ING HEREINAFTER DESCRIBED PROPERTY NORTH OF RAVEN OAKS DRIVE FROM PR PLANNED