1988 November Council ProceedingsRegular Session, Noverabe_r 7, 1988 360
ITY COUNCIL /
OFFICIAL
Regular Session, November 7, 1988
Council met at 7:30 p.m., au the Fublic
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Heckmann, Kinesner,
Pratt. Simon, Voetberg, City Manager
W. Kanneth Gearhart, Corporation
Counsel Barry A. Lindahl.
Mayor Brady read the ceil and stated
that this is the REGULAR MEETING
of the City Co~mcii called for the purpose
to act upon such business which may prc~
perly come before the Canncil.
Invocation was given by Msgr.
Wilham Leonard.
PROCLAMATION(S): Week of Nov.
13-19 as "American Education Week"
received by Dick Saylor; Month of
November as "Hospice Month" received
by Barb Zoeiler; Week of Nov. 6-12 as
"Key Club Week" received by Stacy
Ruzicka.
City Manager W. Kenneth Gearhart
was presented a Distingaished Budget
Award by Debra Neels, Finance Direc-
tor of the City of Muscatine and a State
repre~entatlve of the Government
Finance Officer's Assn. Mayor Brady
read a proclamation congratulating W.
Kenneth Gearhart upon receiving the
"Award for Program Excellence".
proof of publication, certified to by the
~ublisher, on Notice of Pubfic Hearing
to allow fences in Historic Districts in ex-
cess of tbe height limitations as a Con-
ditional Use, 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 publicat~an be received and fried.
Seconded by Connci~l M~mber Pratt. Car-
ried by the following vote: Yeas~Mayor
Brady, Council Members Deicfi, Heck-
mann, Kluesner, Pratt, Siman, Vootberg.
Nays--Nane.
Council Member Kluesner moved to
co address ~he Council if they so desire.
Seconded by Councd Member prar~. Car-
ried by the following vo~e: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Vectberg.
Nays--None.
ORDINANCE NO. 56-88
AN ORDINANCE O1; THE CITY OF
DUBUQUE. IOWA~ PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APpEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA",
BY REPEALING SECTION 2.8.1 AND
ENACTING A NEW SECTION 2-8.1
IN LIEU THEREOF TO ALLOW
FENCES IN HISTORIC DISTRICTS
~N EXCESS OF THE HEIGHT LIMI-
TATIONS AS A CONDITIONAL USE,
said Ordinance having been presented
and read at the Council Meeting ot Oc.
tober 17, 1988, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 56~8
AN ORDINANCE OF THE CITY OF
DUBUQUE. IOWA, pROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APpEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA",
BY REPEALING SECTION 2-8.1 AND
ENACTING A NEW SECTION 2-8.1
IN LIEU THEREOF, TO ALLOW
FENCES IN HISTORIC DISTRICTS
IN EXCESS OF THE HEIGHT LIMI-
TATIONS AS A CONDITIONAL USE.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the Cede of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by revising Appendix A thereof, also
known as the ,,Zanin~ Ordinance of the
City of Dubuque. Iowa", by repealing
Section 2-8.1 and enacting a new S~ction
;.1 in lleu thereof as follows:
2-8 Fences
361 Regular Session______L,
"2-8.1 Residential Districts: On
any residential lot fences may be
erected to a height of seven (7) feet
in all yards except that fences
erected in required front yards
shall not exceed four 14) feet in
height provided that ten f10) feet
of clear visibility shall be maln-
t ained on corner lots in accordance
with Section 4-4.6 of this or-
dinance with the exception that:
(A) In a Historic District, fences
with beight in excess of the above
limitations may be permitted as
condigional uses where the height,
material, composition and general
appearance of, the fence is ap-
propriate to the property in that
Historic District and the other ap-
plication standards for conditional
use permits are met."
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 7th
daY of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald this 15th day of November, 1988.
Mary A. Davis
City Clerk
It 1U15
Council Member Simon moved final
adoption of the Ordinance. Seconded by
Council Member Pratt, Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kinesner, Pratt, Simon, Voetberg.
Nays--None.
Petition of Thermolyne Corporation
questing City to void conditions for
utiI~zatinn of former McAleece Park pro-
perry AND Communication of City
Manager submitting background infor-
mation regarding above request,
presented and read.
Attorney Robert Bertsch, addressed
the Council, on behalf of the Thermolyne
November 7, 1988
Corporation, and requested favorable
response.
Council Member Simon ~noved that the
)etitian and commnn]catian be received
xnd filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dutch, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 300-88
WHEREAS, pursuant to Resolution
No. 121-78, passed, approved, and
adopted by the City Council of the City
of Dubuque, Iowa on April 17, 1978, tbe
City of Dubuque granted and conveyed
unto Tbermolyne Corporation, an Iowa
corporation, an exclusive option to pur-
chase the following described real estate:
Lot 1 of Block 2 in "River Front
Subdivision No. 3" in the City of
Dubuque, Iowa;
all in accordance with the terms and con-
ditions in one certain option agreement
executed by and between the City of
Dubuque, Iowa, and Tbermolyne Cor-
poration, on April 17, 1978; and
WHEREAS, pursuant to paragraph 4
of the Option Agreement Thermolyne
Corporation agreed to commence the con-
struction of a plant within one (1) year
from the date of delivery of the Deed
upon the properties described above; and
WHEREAS, pursuant to Resolution
No. 75-82 the City approved an amend-
ment to the original Option Agreement
which permitted Thermolyne Corpora-
tion to commance improvement of the
property within one (1) year from the date
of delivery of the Deed, it being
understood that such improvement may
consist of the construction of industrial
facilities, or other facilities, including
parking facilities necessary to support ex-
paflsion of Thermolyne Corporations
manufacturing plant on adjacent propo~
ty; and
WHEREAS, pursuant to Resolution
No. 266-86, passed, approved, and
adopted by the City Council of the City
of Dubuque, Iowa on December 1, 1986,
the City of Dubuque conveyed and trans-
ferred the above described property to
Regular Session, November 7, 1988
Thermolyne Corporation bj
Deed dated December 1, 1986 and record-
ed in the office of the Recorder of Du-
buqan County~ Iowa on January 13, 1987
as Instrument No. 506-87; and
WHEREAS, Thermolyne C0rporatio,n
has submitted preliminary plans to
the City for the coflstractlon of 68 par
lng spaces plus associated amenities on
the above described property; and
WHEREAS, Tbetm°lyric Corporation
is now requss~i~g release of the Ther-
molyne Corporation from any further
provisions wifich in any manner relate to
the conveyance by the City of Dubuque
to Thermblyne Corporation of Lot 1 of
Block 2 in "River Front Subdivision No.
3" in the City of Dubuque, I0wa,
NOW, THEREFORE. BE IT RE-
sOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the City Council ten-
tatively approves the release of Ther-
molyne Corporation from any restrictive
provisions which in any manner relate to
the conveyance by the City of Dubuque
to Thcrmolyne Corporation of Lot 1 of
Block 2 in "River Front Subdivision No.
3" in the City of Dubuque, Iowa.
SectiOn 2. That the City Clerk is hereby
authorized and directed to publish a
notice of a public hearing of the C~ty
plans for disposition of its interest in real
property as prescribed under 364,7.
Disposal of Property, Code of Iowa, 1987
passed, approved and adopted this 7th
day of November, 1988,
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution, setting this for
Public Hearing on November 21, 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
yoetberg. Carried by the following vote:
Yeas--Mayor Brady, Co~mcll Members
362
Heckmann, Kluesner, Pratt.
Simon, Voetberg. Nays--None.
Communication of City Manager
recommending a public hearing be set to
dispose of 26 feet of Kerper Blvd. adja-
cent to Georgia-Pacific Corp.. presented
and read.
Council Member Kluesner moved that
the communicatian be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg, Nays--None.
An ORDINANCE Vacating 26 feet of
Kerpor Blvd., identified as Lot lA of Lot
1, Block 7, River front Subd. No. 3 in the
City, presented and read.
Council Member Kinesner moved that
this be considered tho first reading of the
Ordinance, and that the r eqCu-ement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to tbe meeting at winch
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance on
the 21st day of November, 1988 at 7:30
p.m. in the Public Library Auditorium
[ that the City Clerk publish notice in
the manner prescribed by law. Seconded
by Council Member th-att. Carried by the
following vote: yeas--Mayqr Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 301-88
RESOLUTION FOR DISPOSING OF
CITY INTEREST PROPERTY IDEN- TIFIED AS LOT I A, TO LOT 1,
RIVERFRONT SUBDIVI-
SION NO. 3, BEING A PART OF
KERPER BLVD., LOCATED IN
THE CITY OF DUBUQUE, IOWA
WHEREAS, Georgia-Pacific Corpora-
tion has expressed an interest in acquir-
ing a portion of City owned right-of-way
adjacent to the property located at 2150
Kerper Blvd.; and
WHEREAS, a plat has been prepared
by Wallace, Holland, Kastler, Schmitz
363 Regular Session, November 7, 1988
and Company on which the plat is iden-
tified; Lot 1 A, of Lot L Block 7, River-
front Subdivision No. 3, being a part of
Kerper Blvd., located in the City of
Dubuque, Iowa; and
WHEREAS. this lot represents an
area of 17,281.6 square feet of land; and
WHEREAS, Georgia-Pacific is propos-
ing to construct h building of approx-
imately $300,000 with addition of equip-
ment in excess of 2 million dollars; and
WHEREAS, in negotiation with
Georgia-Pacific Corporation and in con-
sideration of the improvements the
agreed upon sale price has been estab-
lished at $21,500.
NOW, THEREFORE, BE IT RE-
SOINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot
I A, to Lot 1, Block 7, Riverfrant Sub-
&vision No. 3, being a part of Kerper
Blvd., in the City of Dubuque. Iowa.
Section 2. That Georgia-Pacific shall be
responsible for all platting, publishing,
and recording cost in addition to sales
price of $21,500.
Section 3. That all existing easements
of records shah remain in effect on Lot
1 A of Lot 1, Block 7 Riverfront Subdivi-
sion No. 3 in the City of Dubuque, Iowa.
Section 4, That on approval of sale by
Council and upon receipt of $21,500 plus
all costs associated with platting,
publishing, and recording; the City by
means of a Quit Claim Deed would
transfer the property to Georgia-Pacific
Corporation.
Section 5. That the City Clerk is hereby
authorized and directed to cause a notice
to be published as prescribed under
Chapter 364.7 Disposal of Property --
Code of Iowa 1987 as anaended.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
Aq~EST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
;ion of the Resolution, setting the mat-
ter for Public Hearing on November 21,
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
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Communication of City Manager sub-
mltting proper documents providing for
the rehabilitation of the Asbury Water
Storage Tank, presented and read.
Council Member Simon moved that the
communication be received and fried.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 302.88
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for
the Cleaning, Repairing and Painting
Asbury Water Storage Tank, in the
estimated amount of $193,700.00, are
hereby approved and ordered fried in the
office of the City Clerk for public
inspection.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council M~mber Heckmmm. Carried by
the following vote: Yeas--Mayor Brady,
Regular Session November 7, 1988 364
Council Members Deich, Heckmanr
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 303.88
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 contract
and placed same on file in the office of
the City Cleyk for public inspection of the
Cleaning, Repairing and Painting Asbury
Water Storage Tank.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 3rd day of
January, 1989, a public bem'ing will be
held at 7:30 p.m. in the Carnegie-Stout
Public Library at which time interested
persons may appear and be heard for or
against the proposed plans and specifica-
tions, 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
plank, specifications, contract, or
estimated cost of the improvement.
Passed; approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich. Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays~-None.
RESOLUTION NO. 304-88
ORDERING BIDS
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Cleaning, Repairing and
Painting Asbury Water Storage Tank is
hereby ordered to be advertised for bids
for construction.
BE IT FURTHER RESOLVED, that
the an~ount of the security to accompany
each bid shall be in an amount which
shall conform to the provisions of the
notice to bidders hereby approved as a
part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided~ to
be published in a newspaper having
general circnlation in the City of Du-
buque, Iowa, which notice shall not be
less than fern' days nor more than twen-
ty days prior to the receipt of said bids
at 2:00 p.m. on the 15th day of December,
1988. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. on the 3rd day of January,
1989.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann, Carried by
the following vbte: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
KIuesner, Pratt, Simon, Voetberg.
Nays--None.
Petition of Airport Commission re-
questing additional funding from the
City in the amount of $118,050 to com-
)lete terminal renovation, presented and
read.
Council Member Kluesner moved that
the petition be received and filed. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
365 Regular Session. November 7. 1988
Klaesner. Pratt. Simon. Voetberg.
Nays~-None.
Communication of City Manager
recommending funding in the amt. of
$48.050 for completion of the construc-
tion phase of the Airport Terminal
renovation, presented and read.
Council Member Kluesner moved that
the communication be received and filed
and approved appropriation of $61.212
co the Airport Renovation project.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich.
Heckmann. Kluesner. Pratt. Simon.
Voetherg. Nays--None.
Petition of Dubuque Racing Assn. re-
questing approval of three capital expen-
diture items for the 1989 Racing Season
m the amt. of $228.710. AND Com.
municatlon of City Manager responding
to the request of the Dubuque Racing
Assn., presented and read.
Council Member Klaesner moved thai
the petition and conununication be
received and flied. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Dalch. Heckmaun, Khresner.
Pratt. Simon. Voctberg. Nays--None.
Council Member Pratt moved that
they approve the request of the DRA in
the amount of $162,006 for installation
of Equittrack. Seconded by Council
Member Deich. Carried by ~he following
vo~e: Council Members Dsich. Heck-
mann. Klaesner, Pratt. Simon. Nays--
Mayor Brady, Council Member
Voetberg.
Council Member Simon moved that
they approve $16.710 for installation of
concrete tables and stools. Seconded by
Council Member Pratt. Carried by the
~ollowing vote: Yeas--Mayor Brady,
Council Members Deich. Heckmann,
Khresner. Pratt. Simon. Voetbarg.
Nays--None.
Council Member Simon further moved
that they approve the request of $60,000
for installation of new animated message
center ~o replace the current board.
Seconded by Council Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich. Heck-
mann. Kluesner. Prate Simon, Veetberg.
Nays--None.
Petition of Library Board of Trustees
requesting that if money should become
available this fiscal year, that they be
allowed to increase hours when library is
open, presented and read.
Council Member Klueener moved that
the petition be received and filed. Second-
ed by Council Member V~etberg. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann. Kluesner, Pratt. Simon, Vectberg.
Nays--None.
Verbal pevition of Mayor Brady ac-
knowledging receipt of Barge Fleeting
Lease with U.S. Fish and W[ldiife Ser-
vice, was presented. Mayor Brady stated
that he had not received the lease as of
now,
Invoice for Special Use Permit No, 146
covering use of Upper Mississippi Refuge
lands for Barge Fleeting area in the
amount of $13.139.48, presented and
Council Member Prati moved that
they authaHze the approval of invoice
and pay amount pending approval of Cor-
poration Counsel on review of lease.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich. Heckmann. Kluesner. Pratt,
Voetberg. Nays--Council Member
Simon.
Communication of Robert Hudson of
Dubuque Harbor Service submitting prc~
posais and requesting the City to
sublease one or both available fleeting
sites to them for the period of Nov. 1.
1988 through October 31. 1989. pre-
sented and read. Mr. Hudson aud Mr.
Eldon Newt addressed the matter.
Council Member Pratt moved that the
communication be received and fried.
Seconded by Councri Member Veetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich.
Heckmann. Kfuesner, Pratt, Simon,
Voctberg. Nays--None.
Communication of City Manager
Regular Session
requesting approval of renewal of a
Memorandum of Agreement between the
City and Advisory Council on Historic
Preservation for a period of three years,
authorize Mayor to execute and direct Ci-
ty Staff to forward Agreement to the
State Bureau of Historic Preservation
and the Advisory Council on Historic
Preservation, presented and read.
Council Member Heckmann moved
that the communication be received and
filed and Mayor authorized to execute
Agreement. Seconded by Council
Member Pr:att, Carried by the following
vote: Yeas--Mayor Brady, Council
Members Dalch, Heckmann, Kluesner,
Pratt, Simon, Vcetberg. Nays--None.
Communication of City Manager ad-
vising of the purchase of property at 1025
Bluff St., presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
Communication of City Manager re-
questing approval to acquire real estate
located at 623-627 Arlington St.,
presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dsich
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None,
Council Member Simon moved that a
Resolution approving the acquisition of
real estate at 623-627 Arlington St. be
referred to Council. Seconded by Coun-
cil Member Kluesner. Carried by the
fu[lowing vote: Yeas--Mayor Brady,
Council Members Deich, Heckmanr
Kfuesner, Pratt, Simon, Voctharg.
Nays--None.
Communication of City Manager re-
questing Mayor be authorized to execute
an Annual Contributions Contract with
HUD for Section 8 Existing Housing
Certificates, in the amount of $95,268,
presented and read.
November 7, 1988 366
Council Member Kluesner moved that
the communication be received and fried.
Seconded by Council Member Voetberg.
Carried by the fo[lowing vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Klaesner, Pratt, Simon,
Veetberg. Nays--None.
RESOLUTION NO. 305-88
A RESOLUTION APPROVING EXE-
CUTION OF AN ANNUAL CONTRI-
BUTIONS CONTRACT FOR SEC-
TION 8 HOUSING CERTIFICATES
PROGRAM NO. IA05-EO87-012
WHEREAS, the City Council
authorized au application to the U.S.
Department of Housing and Urban
Development (HUD), in December 1984,
for an increment to the Section 8 Hous-
lng Certificates Program; and
WHEREAS, the Department has ap-
proved the application, in the amount of
$95,268 Annual Contributions Authori-
ty; and
WHEREAS, the Department requires
execution of an Annual Contributions
Contract for the City's administration of
these funds.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute an Annual
Contributions Contract, with the U.S.
Department of Housing and Urban De-
velopment, for Project No, tA05-EO87-
012, under Master Annual Contributions
Contract No. KC-9004E, on behalf of the
City of Dubuque.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
367 Regular Sesslo~n,
Council Members Deich, Heckmann,
Kinesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing approval to an amendment to
current leases existing between Dubuque
Yacht Basin, Inc. and the City, presented
and read.
Council Member Kinesner moved that
the communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 306-88
WHEREAS, the City of Dubuque has
three leases with the Dubuque Yacht
Basin Inc., a Corporation organized and
existing under and by virtue of the laws
of the State of Iowa, with its principal
place of business in Dubuque, Iowa.
WHEREAS, Dubuque Yacht Basin is
requesting that an amendment be made
to these leases that ~vould contain a pro-
vision of notification to the First Na-
tional Bank Dubuque, Iowa in writing
prior to the termination of any or all of
the leases.
WHEREAS, the First National Bank,
under this amendment, would have the
opportunity, but not the obligatlon,
within 60 days to cure any defaults
associated with the termination of the
leases;
Where as an existing amendment
would be nullified which p~'ovides Ior the
same noUfficatinn to American Trust &
Savings Bank, Dubuque, Iowa in writ'rog
in event of the City of Dubuque's inten-
tion to terminate any of the leases.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the amendment to'
leases exisUmg between Dubuque Yacht
Basin, Inc. and the City of Dubuque is
hereby approved.
Section 2. That the City Manager be
dircef~d and authorized to execute the
November 7, 1988
amendment to the lease agreement dated
November 7, 1988.
Passed, approved and adopted tins 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mar~ A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Voctberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager
responding to request from the estate of
Delos L. McDonald to grant a Roadway
Easement across Eagle Pt. Park proper-
ty for an existing private driveway and
requesting Council formal approval
before continuing with proper procedure,
presented and read.
Council Member Pratt moved that the
communication be received and filed and
directed by City Mauoger to negotiate
and return to City Council with findings.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kinesner, Pratt, Simon,
Voetberg. Nays--None.
Communication of City Manager sub-
mitring two Ordinances providin~g for
revisions of the Human Rights Or-
dinance, presented and read.
Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Klueaner, Pratt, Simon,
Voetberg. Nays--None.
City Solicitor Wm. Binm and Human
Rights Chairperson Rev. Kermetb Hind-
man spoke to the proposed changes.
ORDINANCE NO. 57-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
Regular Session, November 7, 1988
368
CITY OF DUBUQUE, IOWA, BY
REPEALING THE DEFINITION OF
"DISABILITY" IN SECTION 21-1
AND ENACTING A NEW DEFINI-
TION OF "DISABILITY" IN SEC-
TION 21-1 IN LIEU THEREOF,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 57-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING THE DEFINITION OF
"DISABILITY" IN SECTION 21-1
AND ENACTING A NEW DEFINI-
TION OF "DISABILITY" IN SEC-
TION 21-1 IN LIEU THEREOF.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by repealing tbe definition of the term
"Disability" in Section 21-1.
Section 2. That the Code of Ordinances
of Dubuque, Iowa, be amended by enact-
ing a new defiintion of the term "Disab'di-
ty" in Section 21-1 in lieu thereof as
follows:
Disability means the physical or
mental condition of a person which con-
stitutes a substantial handicap, and the
condition of a person with a positive
human immunodeficiency virus test
result, a diagnosis of acquired immune
deficiency syndrome, a diagnosis of ac-
quired immune deficiency syndrome-
related complex, or any other condition
related to acquired immune deficiency
syndrome. The inclusion of a condition
related to a positive human immunedefi-
ciency virus test result in the meaning
of "disability" under the provisions of
this chapter does not preclude the ap-
pllcation of the provisions of tins chapter
to conditions resulting from other con-
tagious or infectious diseases.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald the 15ch day of November, 1988.
Mary A. Davis
City Clerk
it 11/15
Council Member Voetherg moved that
this be considered the first reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
ORDINANCE NO. 58-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 21-80,
21-81(a)(2), AND 21-83(b) AND EN-
ACTING NEW SECTIONS 21-80,
21-81(a)(2), AND 21-83(b) PROVIDING
FOR THE CHANGE FROM "HEAR-
ING OFFICER" TO "ADMINISTRA-
TIVE LAW JUDGE", presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 58-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 21-80,
21-81(a){2), AND 21-83(b) AND EN-
ACTING NEW SECTIONS 21-80,
21-81(a)(2), AND 21-83(b) PROVIDING
FOR THE CHANGE FROM "HEAR-
ING OFFICER" TO "ADMINISTRA-
TIVE LAW JUDGE"
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 21-80, 21-81(a)(2)
and 21-83(b) and enacting new Sections
21-80, 21-81(a)(2) and 21-83(b) in lieu
369
thereof as follows:
Regular Sessior November 7, 1988
"Sec. 21-80. Commission staff pro-
ceedings on complaints
(a) Notice to respondent. After the fil-
ing of a verified complaint, a true copy
shall be served within twenty (20) days
by certified mail on the person against
whom the complaint is filed.
lb) Investigation by staff; probable
cause determination by administrative
law judge. An authorized member of the
commission staff shall make a prompt in-
vestigatinn and shall issue a recommen-
dation to an administrative law judge
under the jurisdiction of the commission,
who shall then issue a determination of
probable cause or no probable cause.
(1) For purposes of this Code, an ad-
ministrative law judge issuing a deter-
minatiun of probable cause or no pro-
bable cause under this section shall be ex-
empt from Section 17A.17 of the State
Code of Iowa.
(2) If the administrative law judge
concurs with the investigating official
that probable cause exists regarding the
allegations of the complaint, the staff of
the commission shall promptly endeavor
to eliminate the discriminatory or unfair
practice by conference, conciliation and
persuasion. If the administrative law
judge finds that no probable cause exists,
the administrative law judge shall issue
a final order dismissing the complaint
and shall promptly mail a copy to the
complainant and to the respondent by
certified mail.
A finding of probable cause shall not
be introduced into evidence in an action
brought under Section 21-88."
"Sec. 21-81. Commission proceedings
upon failure to reach settlement by
conciliation.
(2) Requiring the respondent to
answer the charges of the complaint at
a hearing before the commissinn, a com-
missioner, or a person designated by the
commission to conduct the hearing,
hereafter referred to as the
ministrative law judge; and"
"Sec. 21-83. One-hundred-twenty-day
release from administrative process,
~lternative judicial proceedings upon
complaints.
(b) Requirements for issuance of
release. Upon a request by the complai-
nant, and after the expiration of one-
hundred-twenty (120) days from the time-
ly filing of a complaint with the commis-
sion, the commission shall issue to the
complainant a release stating that the
complainant has a right to commence an
action in the district court. A release
under this subsection shall not be issued
if a finding of no probable cause has been
made on the complaint by the adminis-
trative law judge charged with the duty
under Section 21-80, or a conciliation
agreement has been executed, or the com-
mission has served notice of hearing upon
the respondent."
Passed, approved and adopted this 7th
day of November, 1988.
Jomes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 15th day of
November, 1988.
Mary A. Davis
City Clerk
It 11115
Council Member Voetberg moved that
this be conside~d the first reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mager Brady, Council Members
Delch, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Communication of City Manager re-
questing Mayor be authorized to execute
an Agreement with the IA DOT on a
right-of-way assurance statement for
Regular Session, November 7, 1988
Federal-Aid projects, presented and read.
Council Member Kinesner moved tbat
tbe communication be received and filed.
Seconded by Council Member Pratt
Carried by the following vote: Yeas--
Mayor Brady, Counall Members Dalch,
Heckmann, Kinesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 307-88
RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN AGREE-
MENT WITH THE IOWA DEPART-
MENT OF TRANSPORTATION
FOR RIGHT-OF-WAY ASSURANCE
STATEMENT FOR FEDERAL-AID
pROJECTS
370
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Petition of IA DOT requesting annex-
ation of property to the City of Dubuque
AND Co~mnunication of City Manager
approving annexation of a portion of U.S.
Highway 61/151 south of the intersection
of Highways 61/151, presented and read,
Council Member Voetherg moved that
the petition and communication be
received and filed. Seconded by Council
Member Khiesner. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kinesner,
Pratt, Simon, Voetherg. Nays--None.
RESOLUTION NO. 308-88
WHEREAS, Iowa Department of
Transportation has requested the City to
execute an agreement stipulating that
the City will comply with the 1970
Uniform Relocation Assistance and Land
Acquisition Policies Act, on Federal-aid
to transportation projects; and
WHEREAS, such a statement must
be on file with the Iowa Department of
Transportation in order for the City to
be eliglble for federal transportation
funds.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor be author-
ized to execute a right-of-way assurance
statement with the Iowa Department of
Transportation stipulating that the City
of Dubuque will comply with relevant
federal regulations on acquisition of pro-
perty for transportation purposes, for
which federal funds are involved.
Passed, approved and ~dopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Count41 Member Kinesner moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
A RESOLUTION ANNEXING A
PORTION OF U.S. HIGHWAY
61~151 TO THE CITY OF
DUBUQUE, IOWA.
WHEREAS, the City of Dubuque has
recently accepted the voinn~ary annexa-
tion of property on both tbe east and
west side 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 mmexed 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 is 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 territorial limits of
the City of Dubuque, Iowa be and they
are hereby extended to include the area
comprising the following described real
estate to wit:
That portion of U.S. 61/151 from
Station 49 + 36,7 to Station 56 +
30 lying between and contiguous to
Lot 2 and Lot 3 of Key Gate
371 Session,
Center in Table Mound Township, Du-
buque County, Iowa as shown on at-
tached Exhibit A and made a part hereto.
Section 2. That the territory hereby an-
nexed shall become a part of the First
Ward, 13th Precinct of the City of Du-
buque, Iowa.
Section 3. That the City Clerk be and
she is hereby authorized and directed to
submit a certified copy of this Resolution.
along with the attached map, to the State
Department of Transportation, the
Secretary of State, the City Development
Board and the Cotmty Recorder in accor-
dance with provisions of Chapter 368 of
the Code of Iowa.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
Aq~EST:
Mary A. Davis
City Clerk
Council Member Voetherg moved
adoption of the Resolution, Seconded by
Council Member Kluesner. Carried~by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 309-88
BE IT RESOLVED by the City Coma-
cil of the City of Dubuque, Iowa, that tbe
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Fifties, Inc.
Wally Caters 2095 Kerper Blvd.
Dennis Zirkalbach
Benny's 2617 University Ave.
Dennis J. Dolan
Union Cigar Store 336 Main St.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
November 7, 1988
ATTEST:
Mary A. Davis
City Clerk
Council Member Dalch moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Conncil Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 310-88
WHEREAS, Applications for Beer
Permits have been submitted and filed
,o this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bond;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
cause to be issued to the
following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Iowa Oil Company
IOCO Speede Shoppe 3270 Dodge
(Also Sunday Sales)
Hartlg Drug Co.
2225 Central
(Also Sunday Sales)
CLASS "E" BEER pERMIT
Hartig Drug Co.
703 Main
Hartig Drug Co.
2255 J.F.K.
(Also Sunday Sales)
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Regular Session, November 7, 1988
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 311-88
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 nmned applicant(s) a IAquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Wiillam J. Murphy
Murph's Southend Tap
55 Locust St.
Dog Gone, Inc
Dog House Lounge
· 1646 Asbury Rd.
(Also Sunday Sales)
Clair A. Woodman
Aragon Tap 1103 Iowa St.
(Also Sunday Sales)
David L. Lyons
River City Tap 1406 Pine St.
(Also Sunday Sales)
T & T Welsh
Finale Lounge 1701 Central Ave.
Gary L. Kupferschmidt
Whiskey River 1064 University Ave.
(Also Sunday Sales)
CLASS "E" LIQUOR
Sifts Beverage, Inc. 2727 Dodge St.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
372
kTTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Gounall Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, He&mann,
Khiesner, Pratt, Simon, Voetherg.
Nays--None.
Council Member Deich moved to ap-
prove permanent Transfer of Murph's
South End for this Liquor License from
139 Locust St. to 55 Locust St. Second-
ed by Council Member Heckmmm. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Delch, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Printed Council Proceedings for the
month of April, 1988 presented for
approval.
Co~mcil Member Simon moved that the
be approved as printed.
Seconded by Council Member Deich. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
MINUTES SUBMITTED: Special
Airport Comm. of 10-4 and 10-7; Cable
TV Regulatory Co~nmission of 10-11;
Dubuque In-Futoro, Inc. of 6-29; Five
Flags Comm. of 10-17; Historic Preset-
ration Comm. of 10-11 and 1(>18; Human
Rights Comm. of 10-10; Park & Recrea-
tion Corem. of 10-11 and 10-18; Plumb-
lng Bd. of t0-19; Public Library of 10-10;
Transit Bd. Earnings Statement and
Statistics for first quarter of FY' 89; Zon-
ing Bd. of Adjustment of 10-6, presented
and read.
Council Member Simon moved ttmt the
minutes be received and filed. Seconded
by Council Member Delch. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
NOTICES OF CLAIMS/SUITS: Con-
leu Bldg. Co. Inc. submitting Notice of
Appeal from condemnation award; Belin-
da Dunne, in amt. of $20,000 for false
373 Regular Session, November 7, 1988
imprisonment, etc.; Karen Hurt, in amt.
of $40 for personal property damages;
Iowa Dept. of Transportation rs. Wayne
W. Anthony et al, submitting consent to
stipulation, to the payment of proceeds,
and waiver of Notice of Hearing; Becky
Jochum, in the amt. of $20,000 for false
arrest, etc.; Robert Kendall, in unknown
amt. for vehicle damages; Guy Kenniker,
Sr. in mint. of $464.20 for vehicle
damages; Alvin Mclntyre in unknown
amt. for vehicle damages; Herman
Nauman, submitting application for
rehearing; Randy Rettenmaier, in est.
amt. of $406 for vehicle d~unages; Evelyn
Scherrer in unknown amt. for personalin-
juries; Michael Scherr, in ~unt. of $224.80
for vehicle damages; Leta Siege, in
unknown amt. for home damages; Joseph
Vanderah, in amt. of $20,000 for false ar-
rest, etc.; Kattina Wflberding, in approx-
imate amount of $250 for car damages,
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 Daich, Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Daich, Heck-
mann, Kluesner, Pratt. Simon, Voetberg.
Nays--None.
Substance Abuse Services Center sub-
mitring their first quarter FY '89 Report
on Service to Adolescents/High Risk
Youth.
Council Mexnber Simon moved that the
report be received and filed. Seconded by
Council Member Daich. Carried by the
following vote: Yeas--Mayor Brady,
Cotmcil Members Daich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of City Annual
Financial Report for Fiscal Year ending
June 30, 1988, presented and read.
CouncS] Member Sin~on moved that the
proof of publication be received and filed.
Seconded by Council Member Deich. Ca~
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESIGNATIONS SUBMITTED:
Charles Berwanger from Mechanical Bd.
and Marien Hickey from Dubuque
Historical Preservation Commisaion,
presented and read.
Council Member Simon moved that the
resignations be received and filed and ac-
cepted with regret. Seconded by Council
Me~nber Daich. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Daich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Communication of Corporation Coun-
sel submitting response to request at the
meeting of October 17, 1988 regarding
current franchise with Interstate Power
Co., 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,
Heckmann, Kluesner, Pratt. Simon,
Voetherg. Nays--None.
REFUNDS REQUESTED: Nites of
the Square Table, $150 on unexpired
Beer Permit, presented and read.
Council Member Simon moved that the
refunds be approved and Finance Direc-
tor to issue proper check, Seconded by
Council Member Daich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Eugene and Glenda Tlfielbart express-
ing their thoughts regarding River View
Park, presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Deich. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Daich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Attorney Leo McCarthy, on behalf of
Richard J. and Alice R. Kelly, requesting
vacation of part of Farragut St., pre-
sented and read.
Council Mexaber Simon moved that the
petition be referred to the City Manager
and report to City Council as soon as
Regular Session
possible. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Heckmann, Kluesner, Pratt,
Simon, Voetherg. Nays--None.
Communication of City Manager rec-
ommendlng settlement of claim of Lester
Wagner in the amt. of $50, presented and
read.
Council Member Simon moved that the
commuhication be received and filed and
settlement approved and Finance Direc-
tor to issue proper check. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager rec-
ommending accepting of the warranty
deeds for the right-of-way acquisitions on
the Northwest Arterial, Phase III, be-
tween Asbury Rd. and J.F.K. Road for
a total cost of $273,321.64, presented and
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Deich, Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 312-83
WHEREAS, the City of Dubuque,
Iowa has acquired the real estate
hereinafter described from Lester A.
Hilby; and
WHEREAS, said person has delivered
a warranty deed conveying real estate to
the City of Dubuque, Iowa described as:
Lot i of 2 of I of the E¼ of the
SW¼ of Section 16 in Township
89 North, Range 2 East, of the 5th
P.M.; and
WHEREAS, said delivery of deed
dated May 3, 1988 by said Lester A.
Hilby to the City of Dubuque, Iowa
should be accepted.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
November 7, 1988 374
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the delivery of the war-
ranty deed by Lester A. Hilby dated May
3, 1988 conveying to the City of Du-
buque, Iowa the herainabove described
real estate, be in the same hereby
accepted.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said warranty deed to be recorded
in the Office of the Dubuque County
Recorder together with a certified copy
of tbis Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a certified
copy of the Resolution to the Dubuque
City Assessor and the Dubuque County
Auditor.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
fufiowing vote: Yeas--Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 313-88
WHEREAS, the City of Dubuque,
Iowa has acquired the real estate
hereinafter described from The Fischer
Investment Company; and
WHEREAS, said person has delivered
a warranty deed conveying real estate to
the City of Dubuque, Iowa described as:
Lot 1-2-1-3-SW~A'Sw~A --
Lot 1-2-1-1-NW¼-SW¼ --
Lot I-2-2-NW~A'SW~A --
Lot I-I-3-NW¼-SW¼ --
all in Section 16, T89N, R2E of the
5th P.M. subject to easements of
record
WHEREAS, said delivery of deed
dated Oct. 18, 1988, by said The Fischer
375 Regular Session, November 7, 1988
Investment Company to the City of
Dubuque, Iowa should be accepted.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the delivery of the war-
rarity deed by The Fischer Investment
Company dated Oct. 18, 1988 conveying
to the City of Dubuque, Iowa the
hereinabove described real estate, be in
the same hereby accepted.
Section 2. That the City Clerk be and
is hereby authorized and dffected to
cause said warranty deed to be recorded
in the Office of the Dubuque County
Recorder together with a certified copy
of this Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a certified
copy of the Resolution to the Dubuque
City Assessor and the Dubuque County
Auditor.
Passed, approved and adopted this 7th
day of November. 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Daich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 314~$
WHEREAS, the City of Dubuque,
Iowa has acquired the real estate
hereinafter described from Eunice P.
Lewis; and
WHEREAS, said person has delivered
a warranty deed conveying real estate to
the City of Dubuque, Iowa described as:
Lot 1-1-1-EV2-SE¼-Sectlon 17,
T89N, R2E of the 5th P.M. sub-
ject to easements of record
WHEREAS, said delivery of dead
dated July 15, 1988, by said Eunice P.
Lewis to the City of Dubuque, Iowa
should be accepted.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the delivery of the war-
ranty deed by Eunice P. Lewis dated
July 15, 1988 conveying to the City of
Dubuque, Iowa the herainabove de-
scribed real estate, be in the same hereby
accepted.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said warranty deed to be recorded
in the Office of the Dubuque County
Recorder together with a certified copy
of this Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a certified
copy of the Resolution to the Dubuque
City Assessor and the Dubuque County
Auditor.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Delch. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Heckmann,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 315-88
WHEREAS, the City of Dubuque,
Iowa has acquired the real estate
hereinafter described from Kenneth L. &
Donna J. Smith; and
WHEREAS, said person has delivered
a warranty deed conveying real estate to
the City of Dubuque, Iowa described as:
Lot 2-1-EV2-SE¼-Section 17,
T89N, R2E of the 5th P.M. sub-
ject to easements of record
Regular Session
WHEREAS, said delivery of deed
dated July 15, 1988, by gald Kenneth L.
& Donna J. Smith to the City of Du-
buque, Iowa should be accepted.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the delivery of the war-
ranty deed by Kenneth L. & Donna J.
Smith dated July 15, 1988 conveying to
the City of Dubuque, Iowa the herein-
above described real estate, be in the
same hereby accepted.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said warranty deed to be recorded
in the Office of the Dubuque County
Recoeder together with a certified copy
of this Resolution,
Section 3. That the City Clerk be and
is hereby directed to forward a certified
copy of the Resolution to the Dubuque
City Assessor and the Dubuque County
Auditor,
Passed, approved and adopted this 7th
day of November, 1988.
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Deich, Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Heckmann
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 316~8
WHEREAS, the City of Dubuque,
Iowa has acquired the real estate
hereinafter described from Marie J.
Welter; and
WHEREAS, said person has delivered
a warranty deed conveying real estate to
the City of Duhuque, Iowa described as:
Parcel 1: Lot 1 of 2 of the NW¼
of the SW¼ containing 0.294
November 7, 1988 376
Parcel 2: Lot 2 of 3 of the NW~A
of the SWV4 containing 0.128
Parcel 3; Lot 1 of 2 of 2 of 1 of 3
of the SW¼ of the SW¼ contain-
ing 0.068 acres;
Parcel 4: Lot 2 of 2 of 2 of the
SWIA of the SWV4 containing
0.045 acres;
allin Sectien 16, T89N, R2E of the
5th P.M. subject to easements of
record; and
WHEREAS, said delivery of deed
dated June 5, 1988 by said Marie J.
~Velter to the City of Dubuque, Iowa
sbould be accepted.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the delivery of the war-
ranty deed by Marie J. Welter dated
June 5, 1988 conveying to the City of Du-
buque, Iowa the herelnabove described
real estate, be in the same hereby
accepted.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said warranty dead to be recorded
in the Office of the Dubuque County
Recorder together with a certified copy
of this Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a cer~ifiad
copy of the Resolution to the Dubuque
City Assessor and the Dubuque County
Auditor.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
~ounell Member Delch. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 317-88
WHEREAS, the City of Dubuque,
377 Regular Session,
Iowa' has acquired the real estate
hereinafter described from Bricco Salvo,
M.D. and Hilarlo Salas, M.D. d/b/a Salvc-
Salas partnership; and
WHEREAS, said person has delivered
a warranty deed conveying real estate to
the City of Dubuque, Iowa described as:
Lot 1-1-1-1-1-1-1'SWI/4'SW'A --
Lot 1-1-1-1 of the NWV4 of the
SW¼ --
Lot 1-2-2 of the E~/2 of the SW¼
Lot 3-1-1-1 of the NW¼ of the
SW¼ --
Lot 3,2-2 of the EV2 of the SWl/4
~-lihi Section 16, T89N, R2E of the
5th P.M. subject to easements of
record
WHEREAS, said delivery of deed
dated July 13, 1988, by said Salvc-Salas
partnership to the City of Dubuque,
Iowa should be accepted.
NOW. THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the delivery of the war-
rarity deed by Salvo-Salas Partnership
dated July 13, 1988 conveyir4~ to the City
of Dubuque, Iowa the bereinabove
described real estate, be in the same
hereby accepted.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said warranty deed to be recorded
in the Office of the Dubuque County
Recorder together with a certified copy
of this Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a certified
copy of the Resolution to the Dubuque
City Assessor and the Dubuque County
Auditor.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
November 7, 1988
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady.
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 3184~8
WHEREAS, the City of Dubuque,
Iowa has acquired the real estate
hereinafter described from John H. and
Doris E. Kiviahan; and
WHEREAS, said persons has deliv-
ered a warranty deed conveying real
estate to the City af Dubuque, Iowa as
described as:
Lot 1-2 of Helen E. & Mary H.
Stewart Sub.
Lot 1-6-NE¼-Section 16, T89N,
R2E of the 5th P.M.
WHEREAS, said delivery of the war-
ranty deed dated July 20, 1988 by said
John H. and Doris E. Kivlahan to the
City of Dubuque; Iowa should be
accepted,
NOW, THEREFORE, BE IT .RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the delivery of the war-
ranty deed by John H. and Doris E.
Kivlahan dated July 20, 1988 conveying
to the City of Dubuque, Iowa the here-
inabove described real estate, be in the
same hereby accepted.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said warranty deed to be recorded
~n the Office of the Dubuque County
Recorder together with certified copy of
this Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a certified
copy of the Resolution to the Dubuque
County Assessor and the Dubuque Court-
ty Auditor.
Passed, approved and adopted this 7th
day of November, 1988.
James E. Brady
Mayor
Regular Session, November 7, 1988 378
James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk ATTEST:
Mary A. Davis
Council Member Simon moved adop- City Clerk
tion of the Resolution. Seconded by Council Member Simon moved edop-
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady, tion of the Resolution. Seconded by
Council Members Deich, Heckmann, Council Member Deich. Carried by the
Kluesner, Pratt, Simon, Voetberg. foliowing vote: Yeas--Mayor Brady,
Council Members Delch, Heekmanu,
Nays--None. Kluesner, Pratt, Simon, Voetherg.
RESOLUTION NO. 319-88 Nays--None.
Communication of Corporation Coun-
WHEREAS, the City of Dubuque, sel ~ecommending settlement of truck
Iowa has acquired the real estate damagecleimofMarkWilsoninamt, af
hereinafter described from Dubuque $380.40, presented and read.
Community School District; and
Council Member Simon moved that the
WHEREAS, said person has delivered communication be received and filed and
a warranty deed conveying real estate to settlement approved and Finance Direc-
the City of Dubuque, Iowa described as: tor to issue the proper check. Seconded
by Cotmcil Member Deich. Carried by the
Lot 1-1 of Helen E. & Mary H. following vote: Yeas--Mayor Brady,
Stewart Sub. Council Members Deich, Heekmann,
Lot 2-1 of Helen E. & Mary H. Kluesner, Pratt, Simon. Voetberg.
Stewart Sub. Nays--None.
WHEREAS, said delivery of deed Communication of Corporation Coun-
dated May 17, 1988, by said Dubuque sel advising of withdrawal by Dubuque
Community School District to the City policemen's Protective Association's prc~
of Dubuque, Iowa should be accepted, hibitive practice complaint, presented
and read.
NOW, THEREFORE, BE IT RE- Council Member Simon moved that the
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA: communication be received and filed.
Seconded by Council Member Deich. Car-
tied by the following vote: Yeas--Mayor
Section L That the delivery of the war- Brady, Council Members Deich, Heck-
rarity deed by Dubuque Community mann, Kluesner, Pratt, Shnon, Voetherg.
School District dated May 17, t988 con- Nays--None.
veying to the City of Dubuque, Iowa the
herelnabove described real estate, be in Communications of Corporation
the same hereby accepted. Counsel recommending denial/closure of
following claims: pool accident of Carolyn
Section 2. That the City Clerk be and Foht; Wiring damage of Karl E. Miller;
is hereby authorized and directed to Sewer beck-up of Thomas yarnall, pre-
cause said warranty deed to be recorded sented and read.
in the Office of the Dubuque County
Recorder together with a certified copy Council Member Simon moved that the
of the Resolution. co~rammlcations be received and tiled and
approved recommendations. Seconded by
Section 3. That the City Clerk be and Council Member Deich. Carried by the
is hereby directed to forward a certified following vote: Yeas--Mayor Brady,
copy of the Resolution to the Dubuque Council Members Deich, Heckmann,
City Assessor and the Dubuque County Khiesner, Pratt, Simon, Voetberg.
Auditor. Nays--None.
Passed, approved and adopted this 7th There being no fl~rther business, Coun-
day of November, 1988. cil Member Pratt moved to adjourn the
379 Regular Session, November 7, 1988
meeting. Seconded by Council Member
Heckmann. Carried by the following
vote: Yeas--Mayor Brady, Coundl Mem-
bers Heckmann, Kluesner, Pratt, Simon,
Vcetberg. Nays--Council Member Deich.
Meeting adjourned at 11:18 p.m.
Mary A. Davis
City Clerk
Approved _ -- 1989
Adopted -- 1989
Mayor
ATTEST:
Council Members
City Clerk
Regular Session, November 21, 1988 380
nam I~y the following vote: Yeas--
CiTY ~O u ~ ~[ ~' I May°r Bredy' C°uncil Members Deich'
Heckmann, Kluesner, Pratt, Simon,
OFFiCiAL
Reg~l~u~ Session, November 21, 1988
Council met at 7:30 p,m., at the Public
Library Auditorium.
Present--Mayor Brady, Council
Members Dsicb, Heekmann, Kluesner,
Pratt, Simon, Voetberg, 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 properly
come before the Council.
INVOCATION was given by Rev.
Alan Sellg, Pastor First Baptist Church.
PROCLAMATION(S): Week of
November 28th ttu-ough December 5th
as "City of Dubuque Book Week" re-
ceived by Library Director Nicki Stanke;
December 1st as "AIDS Awareness
Day" received by Community Develop-
merit Director James Burke who in-
treduced Katt~leen Weber as being under
contract for AIDS Awareness in the
City.
Presentation of Action Recognition
Certificates: Gil Spence introduced Tom
Kramer, recipient of"Service Section of
S.P.I.R.I.T."; Bill Miller introduced Milt
Boyes, Firefighter recipient of "People:
Section of S.P.I.R.I.T."
City Manoge~' Ken Gearhart presented
Service t~cognition award received fi-om
ICMA. Spirit Pins were given to Mayor
and all Council Members.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider granting a waiver of time con-
ditions and improvements required
relative to development of the former
McAleece Recreation Area presented
and read. There were no written objec-
tions received and no oral objectors pre-
sent at the time of the Hearing.
Council Member Pratt moved that the
proof of publication be received and filed.
Seconded by Council Member Simon.
Voetbcrg. Nays--None.
Council Member Kluesner moved that
the rules be suspended to allow anyone
present to address the Council. Second-
ed by Council Member Simor~ Carded by
tbe following vote: Yeas--Mayor Brady,
Council Members Deich, Heekmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 320-88
WHEREAS, pm-suant to Resolution
No. 121-78, passed, approved and
adopted by the City Council of the City
of Dubuque, Iowa on April 17, 1978, the
City of Dubuque granted and conveyed
unto Thermolyne Corporation, an Iowa
corporation, an exclusive option to pur-
chase the following described real estate:
Lot 1 of Block 2 in "River Front
Subdivision No. 3" in the City of
Dubuque, Iowa;
all in accordance with the terms and con-
dltions of one certain Option Agreement
executed by and between the City of
Dubuque, Iowa and Thermolyne Cor-
dated April 17, 1978 (the "Op-
tion Agreement"); and
WHEREAS, pursuant to paragraph 4
of the Option Agreement Thermolyne
Corporation agreed, inter alia, to com-
mence the construction of a plant within
one {1) year from the date of the delivery
tpon the property described
above; and
WHEREAS, pursuant to Resolution
No. 266-86, passed, approved and
adopted by the City Council of the City
of Dubuque, Iowa on December 1, 1986,
the City of Dubuque conveyed and
transferred the above described proper-
ty to Thermolyne Corporation by Quit
Claim Deed dated December 1, 1986 and
recorded in the office of the Recorder of
Dubuque County, Iowa on January 13,
1987 as Instrument No. 506-87; and
WHEREAS, pursuant to Resolution
No. 6-88, passed, approved and adopted
by the City Council of the City of Du-
buque, Iowa on January 4, 1988, the City
381
of Dubuque granted to Tbermalyne Cor-
poration a one (1) year extension to
January 13, 1989 within which to com-
described property, which improvements
may consist of the construction of
dustrial facilities, including parking
facilities, necessary to support the expan-
si°n of the manufacturing facility of
Thermolyne Corporation on adjacent pro-
perty; and
WHEREAS, Thermalyne Corporation
has now submitted Plans to the City of
Dubuque for the construction of such im-
provements and which Plans have been
approved by the City of Dubuque; and
WHEREAS, Tbermalyne Corporation
has now complied with the provision of
Section I of Resolution No: 6-88;
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Themnolyne Corpora-
tion has now fully and completely com-
plied with ail of the terms of the Option
Agreement, Section 1 of Resolution No.
6-88 and the City of Dubuque does
hereby release Tbermolyne Corporation
from any further provisions which in any
manner relate to the conveyance by the
City of Dubuque to Thermalyne Corpora-
tion of Lot I of Block 2 in "River Front
Subdivision No. 3" in the City of Du-
Section 2. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this Resolution
in the office of the Recorder of Dubuque
County, Iowa.
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Simon. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kfuesner,
Pratt, Simon, Voetberg. Nays--None.
Regular Session, November 21, 1988
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider vacating property and dispes-
hig of same to Georgia-Pacific, presented
and read. There were no written objec-
tions received and no orai objectors pre-
sent at the time of the Hearing.
Council Member Pratt moved that the
Proof of publication be received smd filed.
Seconded by Council Member Heck-
mann. Carried by the fallowing vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon, Voetherg.
Nays--None. Abstain--Council Member
Heckmann.
ORDINANCE NO. 59-88
ORDINANCE VACATING 26 FEET
OF KERPER BLVD., IDENTIFIED
AS LOT lA TO LOT 1, BLOCK 7,
RIVERFRONT SUBDIVISION NO. 3
IN THE CITY OF DUBUQUE, IOWA,
said Ordinance having been presented
and read at the Council meeting of
November 7, 1988, presented for final
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 59-88
ORDINANCE VACATING 26 FE~T
OF KERPER BLVD., IDENTIFIED
AS LOT lA TO LOT 1, BLOCK 7,
RIVERFRONT SUBDIVISION NO. 3
IN THE CITY OF DUBUQUE, IOWA.
WHEREAS, The City Council, the
City of Dubuque, Iowa has determined
~ 26 feet of Kerper Blvd., identified
as Lot lA, to Lot 1, Block 7, Riverfront
Subdivision No. 3, in the City of Du-
buque, Iowa is no longer required for
public use and should be vacated.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:,
Section L That Lot lA, to Lo~ 1, Block
7, Riverfront Subdivision No. 3 being a
Kerper Blvd. hi the City of Du-
buque is hereby vacated.
Section 2. That all the recorded
easements shail be reserved by the City
and shall remain hi effect.
Section 3. That the City Clerk be
Regular Session, November 21, 1988
382
requffed to publish a notice of this vaca-
tion as required by Section 362.3 Code
of Iowa 1987 or as Amended.
Section 4. That after a public bearing
on the subject the City Clerk is autimr-
ized and directed to record a certified
copy of this ordinance wlti~ the City
Assessor. Dubuque County Recorder and
Dubuque County Treasurer.
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Pufilished offialaily in the Telegraph
Heraid this 29th day of November, 1988.
Mary A. Davis
City Clerk
It 11/29
Council Member Pratt moved final
adoption of the Ordinance. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Pratt, Simon, Voetherg. Nays--None,
Abstain--Council Member Heckmann.
RESOLUTION NO. 321-88
WHEREAS, pursuant to resolution in
published notice in time and place of
hearing, published in Telegraph Herald,
a newspaper of general circulation
published in the City of Dubuque, Iowa
on 11th day of Nov., 1988. The City
Council of the City of Dubuque, Iowa met
on 11-21 at 7:30 p.m. in the Public
Library Auditorium, 11th and Locust
Street, Dubuque, Dubuque County, Iowa
to consider the proposal of the sale of the
real estate described as:
Lot lA to Lot 1, Block 7, River-
front Subdivision No. 3, in the
City of Dubuque, Dubuque Court-
ty, Iowa
TO
GEORGIA-PACIFIC CORPORATION
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any and
all objections, written to the proposal to
dispose of interest of the City of Dubuque
in the here and above described real
estate to Georgla-Pacillc Corporation.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the in-
terest of the City Dubuque, Dubuque
County, Iowa and the property described
as Lot lA, to Lot 1, of Block 7 River front
Subdiviaion No. 3, in the City of Du-
buque, Iowa to Georgia-Pacific Company
be and ti~e same is hereby approved for
the sum of $21,500.00 plus costs of plat-
ting, abstracting, publication and record-
ing fees and that conveyance shall be by
quit claim deed.
Section 2. That all existing easements
of record shall reznaln in effect on Lot lA,
to Lot 1, Block 7 Riverfront Subdivision
No. 3 and the holders of those easements
shail have full right of ingress and egress
for the purpose of constructing, repair-
ing and maintaining associated facilities.
Section 3. That the City Clerk be and
is hereby directed and authorized to
deliver a quit claim deed of conveyance
conveying the above described real estate
to the above named party upon receipt
of the purchase price and associated costs
in full.
Section 4. That the City Clerk be and
is hereby directed and authorized and
directed to record a certified copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder,
and Dubuque County Treasurer.
Passed, approved mad adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Heckmann. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Abstain--Council Member Heckmann.
383
Communication of planning and Zon-
ing Cormnission advising of their
proval to amend the Zoning Ordinance
to allow TV/radio/vidco sales and service
with a maximmn of 3,500 square feet in
gross floor area as a permitted use in a
C-1 Neighborhood Commercial District,
presented and read.
Cotmcil 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,
Heckmann, Kinesner, Pratt, Simon,
Voetberg. Nays--None.
An ORDINANCE Amending Code of
Ordinances by enacting a new Section
3-3.1B(t6) to allow TV/Radio/Video Sales
and Service with a maximum of 3,500
square feet in gross floor area as a per-
mitred use in the C-1 Neiglibothood Com-
mercial District, presented and read.
Council Member Simon moved that
tins 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 5th day of December, 1988 and that
the City Clerk publish notice in the man-
ner prescribed by law. Seconded by Coun-
cil Member Pratt. Vote on the motion
was as follows: Yeas--Council Members
Deich, Simon, Voetberg. Nays--Mayor
Bredy, Council Members Heckmann,
Kluesner, Pratt. Motion failed.
Council Member Simon moved that
this be considered the first reading of the
Ordinance. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetherg. Nays--None.
Communication of City Manager re-
questing a Public Hearing regarding the
issuance of Tax Increment Financing
Revenue Notes for the Downtown Du-
buque Hotel/Parking complex in an
amount not to exceed $L200,000.00,
presented and read.
Council Member Kluesner moved that
Regular Session, November 21, 1988
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetherg,
Nays--None.
RESOLUTION NO. 322-88
RESOLUTION FIXING DATE FOR
ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO
EXCEED $1,200,000 URBAN
RENEWAL TAX INCREMENT REV-
ENUE NOTES OF THE CITY OF
DUBUQUE, IOWA AND EXECU-
TION OF LOAN AGREEMENTS
RELATING THERETO, AND pRO-
VIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, it is deemed necessary
~nd advisable that the City of Dubuque,
Iowa, should issue Urban Renewal Tax
Increment Revenue Notes to the amoun~
of not to exceed $1,200,000, as author-
ized by Section 403.9 of the City code of
Iowa, and enter into one or more loan
agreements relating thereto~ for the put-
funds to pay costs of
carrying out a project as hereinafter
described; and
WHEREAS, neither Section 403.9 nor
any other Code provision sets forth any
procedural action required to be taken
before said Notes may be issued, and pur-
suant to Section 364.6 of the City Code
of Iowa, it is determined that the pro-
cedure specified in the Code Section
384.25 shall apply and it is deemed suf-
ficient that tbe action her einaft a' describ-
ed be taken and the Clerk publish a notice
of the proposal and of the time and place
of the meeting at which the Council pro-
poses to take action thereon and to
receive oral andior written objections
from any resident or property owner of
said City to such action.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That this Council meet in the
Public Library Auditorium, Dubuque,
Iowa, at 7:30 o'clock p.m., on the 5th day
of December, 1988, for the purpose of
taking action on the matter of the Jesu-
ance of not to exceed $1,200,000 Urban
Regular Session,
Renewal Tax Increment Revenue Notes
of the City of Dubuque, Iowa and the ex-
relating thereto, the proceeds of which
Notes will be used to provide funds to
pay costs of carrying out the Downtown
Dubuque Urban Renewal Project, Iowa
R-15, incinding but not limited to the ac-
quisition and construction of a parking
facility, skywalk, public space and land
upon which such in~provements are to be
located.
Section 2. That the Clerk is hereby
directed to cause at least one publication
to be made of a notice of said meeting,
in a legal newspaper, printed wholly in
the English language, published at least
once weekly, and having general circula-
tion in said City, said publication to be
not less than four clear days nor more
than twenty days before the date of said
public meeting on the issuance of said
Notes.
Section 3. The notice of the proposed
action to issue said Notes shall be in
substantially the following form:
NOTICE OF MEETING OF
THE COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE
MAqq~ER OF THE PROPOSED
ISSUANCE OF NOT TO EX-
CEED $1,200,000 URBAN
RENEWAL TAX INCREMENT
REVENUE NOTES OF SAID
CITY AND EXECUTION OF
LOAN AGREEMENTS RE-
LATING THERETO. AND THE
HEARING ON THE IS-
SUANCE THEREOF
PUBLIC NOTICE is hereby
that the Council of the City of Dubuque,
Iowa, will hold a public hearing on the
5th day of December, 1988 at 7:30 o'clock
p.m., in the Public Library Auditorium,
Dubuque, Iowa, at winch meeting the
Council proposes to take additional ac-
tion for the issuance of not to exceed
$1,200,000 Urban Renewal Tax Incre-
ment Revenue Notes of the City of Du-
buque, Iowa and execution of loan
agreements relating thereto in order to
provide funds to pay costs of carrying
out the Downtown Dubuque Urban
Renewal Project, Iowa R-15, inaluding
but not limited to the acquisition and
construction of a parking facility,
November 21, 1988
384
skywalk, public space and land upon
which such improvements are to be
located.
At the above meeting the Council shall
receive oral or written objections from
any resident or propecty owner of said Ci-
ty, to the above action. After all objec-
tions have been received and considered,
the Council will at this meeting or at any
adjournment thereof, take additional ac-
tion for the issuance of said Notes or will
proposal to issue said Notes.
By order of the Council said hearing and
appeals therefrom shall be held in accor-
dance with and governed by the provi-
sions of Section 384.25 of the City Code
of Iowa.
This notice is given by order of the
Council of Dubuque, Iowa, as provided
by Sections 384.25 and 364.6 of the City
Code of Iowa. Code Section 384.25 shall
govern this meeting and action taken
thereat.
Dated this 21st day of November.
1988.
Mary A. Davis
City Clerk of Dubuque, Iowa
(End of Notice)
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kfuesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of City Manager
recommending denial of petition for traf-
fic signals at the intersection of North
Algona St. and University Ave.,
presented and read.
Council Member Khiesner moved that
the communication be received and flied
and concurred with recommendatinn of
385
Regular Session, November 21, 1988
denial. Seconded by Council Member
Voetherg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Pratt, Simon, Voetherg.
Nays--Council Member Heckmann.
Communication of Chairperson of the
Park and Recreation Commission recom-
mending to proceed with application to
place Eagle Point Park on the National
Register 0I Historic Places, presented
and read·
Council Member Kluesner moved that
the communication be received and filed
and not approve placing entire Eagle
Point Park on National Register of
Historic Places, only those buildings,
limestene structures with associated
features that are appropriately signifi-
cant. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady. Council Members
Deich, Heckmann; Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Communication of Chairperson of the
Park and Recreation Commission up-
dating the Council on the progress of the
Swimming Pool Committee and re-
questing a Work Session to present final
recommendation and answer any ques-
tions or concerns, presented and read.
Council Member Pratt moved that the
communication be received and filed and
scheduled Work Session for January
23rd at 7:00 p.m. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote: Yeas--Mayor Brady, Cc~ncil
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Petition of Patricia Carr requesting to
address the Council to ask the Iowa DOT
to reinstate the soundwall in their final
plallS for the Highway 20 project from
Concord to Rising St., presented and
Council Member Kluesner moved that
the petition be received and filed and
send to the DOT a letter urging both
soundwafis be retained in place on the
project of Hwy. 20. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Communication of City Manager sub-
mitring a Resolution of Necessity Find-
ing for Urban Renewal Plan and re-
questing to refer plan to the Planning and
Zoning Comnrission for review and com-
ment. presented and read.
Council Member Heckmann moved
that the communication be received and
filed. Seconded by Couucil Member
Simon. Carried by the following vo~e:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt.
Simon, Voetberg. Nays--None.
Council Member Heckmann moved
adoption of a Resolution Necessity of
Finding that Phase Three of the Du-
buque Industrial Center is an Economic
Development area and development of
said area is necessary in the interest of
the residents of the City of Dubuque.
Seconded by Council Member Simon, NO
VOTE TAKEN ON THE MOTION.
Council Member Pratt moved that the
matter be tabled to the meeting of
December 5, 1988. Seconded by Council
Member Deich. Carried by the Iofiowing
vote: Yeas--Council Members Deich.
Heckmann, Kluesner, Pratt, Simon.
Nays--Mayor Brady, Council Member
Voetberg.
Communication of City Manager
recommending assessment of a civil
penalty in the amount of $300 for a viola-
tion of Liquor License by Clair Woodman
d/b/a Central Tap, presented and read.
Council Member Vcetberg moved that
the communication be received and filed
and concurred with recolnmendation.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Khiesner, Pratt, Sinion,
Voetberg. Nays--None.
Communication of City Manager re-
questing funding for a local AIDS
Prevention Program, presented and read.
Council Member Pratt moved that the
communication be received and fried.
Seconded by Councli Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Cmmcil Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
Regular Session, November 21, 1988
386
RESOLUTION NO. 323-88
A RESOLUTION AUTHORIZING
THE CITY MANAGER OR HIS
DESIGNEE TO SIGN A CONTRACT
WITH THE IOWA DEPARTMENT
OF PUBLIC HEALTH FOR
FUNDING OF A LOCAL AIDS
PREVENTION PROGRAM.
WHEREAS, the Iowa Department of
Public Health has offered to provide
financial support for a local AIDS
Prevention Program in the City of Du-
buque; and-
WHEREAS, the City of Dubuque
desires to establish and maintain such a
local AIDS Prevention Program; and
WHEREAS, the Iowa Department of
Public Health has presented the City
Health Services Division a proposed con-
tract for funding, a copy of which is at-
tached hereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa, hereby approves the attached
AIDS PreventAtive Health Contract be-
tween the Iowa Department of Public
Health and the City of Dubuque, Iowa,
Section 2. That the City Manager or his
designee is hereby authorized and
directed to execute said contract on
behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Kluesner. Carried by the foliow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Communication of City Manager re-
questing approval of an additional staff
person in Housing Services Division
associated with additional housing units,
presented and read.
Council Member Kluesner moved that
the communication be received and filed
and approved request. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of City Manager re-
questing to submit a Program State~nent
ff Intent for calendar year 1989 for use
of Commudity Development Block Grant
Funds, presented and read.
Council Member Heckmann moved
;hat the communication be received and
filed, Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetherg. Nays--None.
RESOLUTION NO. 324-88
A RESOLUTION AUTHORIZING
THE FILING OF A STATEMENT
OF INTENT FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT
FOR THE CITY OF DUBUQUE.
WHEREAS, the City of Dubuque is
entitled to participate in the Communi-
ty Development Block Grant Program
authorized under the provisions of Title
I of the Housing and Community
Development Act of 1974, as amended;
and
WHEREAS, the City of Dubuque has
been declared eligible for funding in the
approximate amount of $900,000 for the
Calendar Year commencing January 1,
1989; and
WHEREAS, the Community Devel-
opment Block Grant Proposed State-
ment of Intent has been developed so as
to give maximum feasible priority to
tivities wbich will benefit low and
moderate income persons and aid in the
prevention or elimination of slum and
blight; and
WHEREAS, the City of Dubuque has
provided the citizens of the community
with opportunities to provide input and
Regular Session, November 21, 1988 388
387 Regular Session, November 21, 1988
comment on the Statement of Intent.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the f~ing of a Proposed
Statement of Intent for participation in
the Community Development Block
Grant Program is hereby approved, and
the Mayor of the City of Dubuque is
hereby authorized and directed to execute
the necessary documentation on behalf
of the City of Dubuque.
Section 2. That the City Manager is
hereby authorized and directed to sub-
mit, in the required number of copies, the
Proposed Statement of Intent to the U.S.
Department of Housing and Urban
Development and other appropriate
agencies together with such other
documents as may be required.
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmaun
Kinesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitting au Ordinance revising the Du-
buque Human Rights Ordinance
presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the fo]lowing vote: Yeas--Mayor
Brady, Council Members Delch,
Kinesner, Pratt, Simon, Voetberg.
Nays--Council Member Heckmann.
AN ORDINANCE Amending the
Code of Ordinances by amending por-
tions of Chapter 21 defining "Familial
Status", relating to aiding and abetting;
relating to exemption from accommoda-
tions or services protection and discounts
based on oge; relating to prohibited hous-
ing practices; relating to prohibited
employment practices and relating to
AIDS testing in employment; relating to
prohibited education practices, was
presented and read.
Council Member Simon moved that the
reading just had, be considered the first
reading of the ordinance. Seconded by
Council Member Pratt. Carried by the
fo]lowing vote: Yeas--Mayor Brady,
Council Members Delch, Kluesner, Pratt,
Simon, Voetberg. Nays--Council Mem-
ber Heckmaun.
Communication of Legal Staff submit-
ting an Ordinance amending portion of
Chapter 25, Motor Vehicles and Traffic,
presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
ORDINANCE NO, 60-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, CHAPTER 25,
MOTOR VEHICLES AND TRAFFIC,
BY REPEALING IN SECTION 25-2
THE UNNUMBERED SUBSECTION
DEFINING "COMMERCIAL VEHI-
CLE"; AMENDING SECTION 25-43
BY REPEALING PARAGRAPH (b)
RELATING TO REPORTS RE-
QUIRED AND ADOPTING IN LIEU
THEREOF A NEW PARAGRAPH (b)
RELATING TO REPORTS RE-
QUIRED; REPEALING SECTION
25-45 RELATING TO SIZE, WEIGHT
AND LOAD RESTRICTIONS --
SCOPE AND EFFECT; REPEALING
SECTION 25-83 RELATING TO
WIDTH OF VEHICLES, REPEAL-
lNG SECTION 25-84 RELATING TO
HEIGHT OF VEHICLES; REPEAL-
lNG SECTION 25-85 RELATING TO
HEIGHT; REPEALING SECTION
25-88 RELATING TO VEHICLES
ENTERING CITY FROM ILLINOIS;
REPEALING SECTION 25-120
RELATING TO LOUD SIGNALING
AT NIGHT; REPEALING SECTION
25-142(c) RELATING TO DRIVING
WHILE LICENSE DENIED, SUS-
PENDED OR REVOKED; REPEAL-
ING SECTION 25-185 RELATING TO
STOP REQUIRED IN OBEDIENCE
TO TRAIN AND ADOPTING IN
LIEU THEREOF A NEW SECTION
25-185 RELATING TO STOP RE-
QUIP, ED IN OBEDIENCE TO TRAIN;
REPEALING SECTION 25-220(b)(3)
RELATING TO SPEED LIMITS AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 25-220(b)(3) RELAT-
ING TO SPEED LIMITS, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 60-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, CHAPTER 25,
MOTOR VEHICLES AND TRAFFIC,
BY REPEALING IN SECTION 25-2
THE UNNUMBERED SUBSECTION
DEFINING "COMMERCIAL VEHI-
CLE''; AMENDING SECTION 25-43
BY REPEALING PARAGRAPH (b)
RELATING TO REPORTS RE-
QUIRED AND ADOPTING IN LIEU
THEREOF A NEW PARAGRAPH (b)
RELATING TO REPORTS RE-
QUIRED; REPEALING SECTION
25-45 RELATING TO SIZE, WEIGHT
AND LOAD RESTRICTIONS --
SCOPE AND EFFECT; REPEALING
SECTION 25-83 RELATING TO
WIDTH OF VEHICLES; REPEAL-
ING SECTION 25-84 RELATING TO
HEIGHT OF VEHICLES; REPEAL-
ING SECTION 25-85 RELATING TO
HEIGHT; REPEALING SECTION
25-88 RELATING TO VEHICLES
ENTERING CITY FROM ILLINOIS;
REPEALING SECTION 25-120
RELATING TO LOUD SIGNALING
AT NIGHT; REPEALING SECTION
25-142(c) RELATING TO DRIVING
WHILE LICENSE DENIED, SUS-
PENDED OR REVOKED; REPEAL-
ING SECTION 25-185 RELATING TO
STOP REQUIRED IN OBEDIENCE
TO TRAIN AND ADOPTING IN
LIEU THEREOF A NEW SECTION
25-185 RELATING TO STOP RE-
QUIRED IN OBEDIENCE TO TRAIN;
REPEALING SECTION 25-220(b)(3)
RELATING TO SPEED LIMITS AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 25-220(b)(3)
RELATING TO SPEED LIMITS.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section h Section 25-2 of the Code of
Ordinances, City of Dubuque, Iowa, is
amended by repealing the unnumbered
subsection defining "Commercial
Vehicle."
Section 2: Section 25-43(b) of the Code
of Ordinances, City of Dubuque, Iowa, is
hereby repealed.
Section 3. The fo]lowing new Section
25-43(b) is hereby adopted:
(b) The driver of a vebicle involved
in an accident resulting in total
property damage to an apparent
extent of five liundred dollars
($500.001 or more shall report said
accident to the Police Department
within seventy-two (72) hours.
Section 4: Section 25-45 of the Code of
Ordinances, City of Dubuque, Iowa, is
hereby repealed.
Section 5: Sections 25-81, 25-83, 25-84
25-85, 25-88 and 25-120 of the Cede of Or-
dinances, City of Dubuque. Iowa, are
hereby repealed.
Section 6: Section 25-142(c) of the Code
of Ordinances, City of Dubuque, Iowa, is
hereby repealed,
Section 7: Section 25-185(a) of the Code
of Ordinances, City of Dubuque, Iowa, is
hereby repealed.
Section 8: The following new Section
25-185(a) is hereby adopted:
(a) Whenever any person driving
a vehicle approaclies a railroad
grade crossing and warning is
given by automatic signal or
crossing gates or a flagnaan or
otherwise of the immediate ap-
proach of a train, the driver of
such vehicle shall stop within fir-
ty (50) feet but not less than ten
(10) feet from the nearest track of
such railroad and shall not proceed
until the driver can do so safely.
Section 9: Section 25-220(b)(3) of the
Code of Ordinances, City of Dubuque,
Iowa, is hereby repealed.
389
Section 10: The follbwing new Section
25-220(b)(3) is hereby adopted:
(3) Forty 140) miles per hour for
any motor vehicle drawing
another vehicle in any district or
on any street where the lawful
speed is in excess of forty (40)
miles per hour, except when other-
wise specified under Section
321.285 of the State Code.
Section lh This Ordinance shall be in
full furce and effect immediately upon its
final adoption and publication as provid-
ed by law.
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 30th day of
November, 1988.
Mary A. Davis
City Clerk
It 11/30
Council Member Simon moved that
this be considered the first reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Co~mcil Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Communication of Legal Staff submit-
ting Ordinance regarding "Carrying Con-
cealed Weapon", presented and read,
Council Member Kluesner moved that
the conm~unicafion be received and filed.
Seconded by Council Member Heck-
mann. Caroled by the fuli, owlng vo~e:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Regular Session, November 21, 1988
ORDINANCE NO. 61-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEALING
SECTION 26-12 "CARRYING CON-
CEALED WEAPONS" AND SUB-
STITUTING IN LIEU THEREOF A
NEW SECTION 26-12 "CARRYING
CONCEALED WEAPON", presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 61-88
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA BY REPEALING
SECTION 26-12 "CARRYING CON-
CEALED WEAPONS" AND SUBSTI-
TUTING IN LIEU THEREOF A NEW
SECTION 26-12 "CARRYING CON-
CEALED WEAPON."
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1: Section 26-12 of the Code of
Ordinances, City of Dubuque, Iowa, is
hereby repealed.
Section 2: The following new Section
26-12 is hereby adopted:
Carrying Concealed Weapon. It
shall be unlawful for any person
to carry under his or her clothes
or concealed about his or her per-
son or to be found in possession
of any slingshot, knuckles of metal
or other material, air gun or any
other weapon other than a knife.
Section 3: This Ordinance shall be in
full force and effect immediately upon its
final adoption and publication as provid-
ed by law.
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 30th day of
November, 1988.
Mary A. Davis
City Clerk
it 1U30
Regular Session, November 21, 1988 390
Council Member Khiesner moved that James E. Brady
this be considered the first reading of the Mayor
Ordinance, and the requirement that a ATTEST:
proposed Ordinance be considered and Mary A. Davis
voted on for passage at two council City Clerk
meetings prior to the meeting at which Published officially in the Telegraph
it is to be finally adopted be suspended -Ierald newspaper this 30th day of
and further moved final adoption of the November, 1988.
Ordinance. Seconded by Council Member Mary A. Davis
Heckmann. Carried by the following City Clerk
vote: Yeas--Mayor Brady, Council It 11/30
Members Deich, Heckmann, Kinesner,
Pratt, Simon, Voetherg. Nays--None. Council Member Pratt moved that tiffs
be considered the first reading of the Or-
Communication of Legal Staff submit- dinance, and the requirement that a pro-
ting Ordinance regarding "Distribution posed Ordinance be considered and voted
of Handbills, etc. in Parks", presented on for passage at two council meetings
and read. prior to the meeting at which it is to be
finally adopted be suspended and fur-
Council Member Pratt moved that the ther moved final adoption of the Or-
communication be received and filed, dinance. Seconded by Council Member
Seconded by Council Member Heck- Heckmann. Carried by the following
mann. Carded by the following vote: vote: Yeas--Mayor Brady, Council
Yeas--Mayor Brady, Council Members Members Deich, Heckmann, Kluesner,
Deich, Heckmann, Kluesner, Pratt, Pratt. Simon, Voetberg. Nays--None.
Simon, Voetherg. Nays--None.
RESOLUTION NO. 325-88
ORDINANCE NO. 62-88
BE IT RESOLVED by the City Coun-
AN ORDINANCE AMENDING THE cji of the City of Dubuque, Iowa, that the
CODE OF ORDINANCES, CITY OF following having complied with the pro-
DUBUQUE, IOWA, BY REPEALING visions of law relating to the sale of
SECTION 27-60 RELATING TO Cigarettes within the City of Dubuque,
DISTRIBUTION OF HANDBILLS, Iowa, be granted a permit to sell Cigar-
ETC., presented and read. ettes and Cigarette Papers within said
City.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 62-88 Georgi~na Carol Chin
Rusty's Chinese Restaurant
AN ORDINANCE AMENDING THE 2600 Dodge St.
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEALING Passed, approved and adopted this
SECTION 27-60 RELATING TO 21st day of November, 1988.
DISTRIBUTION OF HANDBILLS
ETC. James E. Brady
Mayor
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA: ATTEST:
Mary A. Davis
Section 1: Section 27-60 of the Code of City Clerk
Ordinances, City of Dubuque, Iowa, is
hereby repealed. Council Member Deich moved adop-
tion of the Resolution. Seconded by
Section 2: This Ordinance shall take el- Council Member Pratt. Carried by the
fect immediately upon its publication as following vote: Yeas--Mayor Brady,
provided by law. Council Members Deich, Heckmann,
Passed, approved and adopted this Kinesner, Pratt, Simon, Voetberg.
21st day of November, 1988. Nays--None.
391 Regular Session, November 21, 1988
RESOLUTION NO. 3264]8
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bond;
NOW, THEREFORE, BE IT 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
Loras College
1450 Alta Vista St.
CLASS "C" BEER PERMIT
TFM Co.
Oky Doky ~6 1156 Iowa Street
(Also Sunday Sales)
CLASS "E" BEER PERMIT
Rainbo Oil Company
KWIK Stop F~od Mart
2297 University Ave.
(Also Sunday Sales)
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmanr
Kluesner. Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 327-88
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
fofiowing named appficant(s) a Liquor
License.
CLASS "C" (COMMERCIAL} BEER
AND LIQUOR LICENSE
Lynn A. Lindecker
Park Square Tavern 600 Central
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
kTTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Loras College requeal~ng transfer of
their Class "B" Beer Permit on Dec. 10,
1988 to Touhy Auditorium, presented
and read.
Council Member Deich moved that the
transfer be approved. Seconded by Coun-
:il Member Pratt. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetherg. Nays--None.
MINUTES SUBMITTED: Airport
Commission of 10-25; Dubuque In
Futuro, Inc. of 10-19; Fire Retirement
Bd. of 10-7 and 10-28; Historic Preserva-
tion Commission of 11-8; Housing Code
Review Committee of 10-19 and 10-26;
Housing Commission of 10-19; Planning
and Zoning Commission of 11-2; Zoning
Board of Adjustment of 10-27, presented
and read.
Council Member Pratt moved that the
minutes be received and filed. Seconded
by Council Member Voetberg. Carried by
Regular Session, November 21, 1988 392
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner. Pratt, Simon, Voetberg.
Nays--None.
NOTICES OF CLAIMS AND SUITS:
Gilbert J. Crippes in unknown amount
for sewer backup damages; Norma Furry
vs. City of Dubuque in excess of $5000
for personal injuries; Richard B. and
Madonna Hefel in amount of $61.51 for
personal damages, presented and read.
Council Member Pratt moved that the
claims and suits be referred to the Legal
Staff. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Communications of Corporation
Counsel recommending closures of the
following claims: False arrest of Joseph
Vanderah; False arrest of Becky Jochum;
False arrest of Belinda Dunne; Car
damage of Katrina Wilberdlng; Car
damage of Greg Anderson; Auto damage
claim of Alvin Mclntgee; Truck Damage
claim of Randy Rettenmaier, presented
and read.
Council Member Pratt moved that the
connnunications be received and filed and
approved recommendations. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon. Voetberg.
Nays--None.
Communication of Corporation
Counsel recommending settlement of car
damage claim of Michael R. Scherr in the
amount of $224.80, presented and read.
Council Member Pratt moved that the
con~nunication be received and filed and
approved settlement and Finance Direc-
tor to issue proper check. Seconded by
Council Member Voetherg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on List of Claims paid for the
month of September, 1988 AND Com-
munication of City Manager submitting
Financial Reports for the month of Oc-
tober, 1988, presented and read.
Council Member Pratt moved that the
proof of publication and communication
be received and filed. Seconded by Coun-
cil Member Voetberg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Com~nunication of Ronald Hull sub-
mitting resignation from Cable Com-
munity Teleprogramming Commission,
presented and read.
Council Member Pratt moved that the
communication be received and filed and
accepted with regret, Seconded by Coun-
cil Member Voetberg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Khiesner, Pratt, Simon, Voetberg.
Nays--None.
Con~municatinn of Iowa Dept. of
Economic Development advising of an-
nexation of property to the City of
Asbury, presented aud read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dcich,
Heckmann, Rluesner, Pratt, Simon,
Voetberg. Nays--None.
REFUNDS REQUESTED: Kenneth
Love in the amount of $422.50 for unex-
pired Liquor License, presented and read.
Council Member Pratt moved that the
refund be approved and Finance Direc-
ter to issue proper check. Seconded by
Council Member Voetherg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of City Manager sub-
mitring Quarterly Investment Report,
presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
393 Regular Session,
Mayor Brady, Council Members Deich,
Heckmann~kKluesner, Pratt, Simon,
Voetberg. Nays--None.
Communication of City Mm~ager re-
questing authorization to publish Notice
of Environmental Finding for various
projects, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Heckmann, Kluesner, Pratt, Simon,
Voetherg. Nays--None.
RESOLUTION NO. 328-88
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF EN-
VIRONMENTAL REVIEW FINDING
FOR CERTAIN COMMUNITY DE-
VELOPMENT BLOCK GRANT
PROJECTS.
WHEREAS, the City of Dubuque, is
proposing to enter into a Grant Agree-
ment for the Calendar Year commencing
January 1, 1989 with the U.S. Depart-
ment of Housing and Urban Develop-
meat; providing for financial assistance
to the City under Title I of the Housing
and Community Development Act of
1974, as amended; and
WHEREAS, pursuant to the rules and
regalations as promulgated by the U.S.
Department of Housing and Urban
Development, an environmental review
has been processed for tile hereinafter
described projects to be financed with
Community Development Block Grant
Funds; and
WHEREAS, an ad hec Environmen-
tal Review Committee has after due con-
sideration made a determination that the
projects are not a major Federal action
significantly affecting the quality of the
human environment,
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No Signifi-
cant Effect on the Environment for the
November 21, 1988
followlng identified projects, and to m~ke
the Environmental Review Record for
said projects available for public inspec-
tion. Such notice shall be in the form of
Exhibit "A' attached hereto and made
a part hereof.
* Washington Neighborhood Tool
Library
* Housing Rehabilitation Loan
Program
* Property Acquisition/Relocation/
Demolition Program
* Code Enforcement
* Operation Paintbrush
* Commercial/Industrial Loan
Participation
* Economic Development Activities
* Neighborhood Related Improve-
meat Projects
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of December 5,
1988 authorizing the submission of a re-
quest to the U.S. Department of Hous-
ing and Urban Development for release
of funds to undertake the above-
mentioned projects.
Passed, approved and adopted this
21st day of November, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pcatt moved adoption
of the Resolution. Seconded by Council
Member Voetbexg. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
There being no further business, Coun-
cil Member Deich moved to adjourn the
meeting. Seconded by Council Member
Voetberg, Carried by tho following vote:
Yeas--Mayor Brady. Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
Meeting adjourned at 11:04 p.m.
Mary A. Davis
City Clerk
Approved 1989
Regular Session, November 21, 1988
Adopted
1989
Mayor
Council Members
ATTEST:
City Clerk
394