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1988 December Council proceedingsRegular Session, December 5, 1988 395 CITY COUNCIL OFFICIAL Regular Session, December 5, 1988 Council Met at 7:30 p.m., at the Public Library Auditorium. Present--Mayor B~cady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated tl~s is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. Robert Pleiness, Pastor of Bible Baptist Church. "Service Acknowledgement Plaques" were presented to 38 City employees who had worked for the City 25 years or more (13 employees who were not able to at- tend were recognized). Proof of publication, cectifled to by the Publisher, on Notice of Public Hearing to amend Zoning Ordinance allowing TV/RadioNideo Sales and Service in the C-1 Neighborhood Conunercial District (1st reading only given 11/21/88). presented and read, There were no writ- ten objections received and no oral objec- tots present at the time of the Hearing. Council Member Heckmann moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Voetberg. Nays--Council Members Kluesner Simon. Council Member Pratt moved to sus- pend the tales to allow anyone to address the Council if they should so desire. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. An ORDINANCE Revising Appendix A of the Code of Ordinances. also known as the "Zoning Ordinance of the City of Dubuque, Iowa" by enacting a new Sec- tion 3-3.1B(16) to allow TV/Radio/Video sales and service with a maximum of 3500 square feet in gross floor area as permitted use in the C-1 Neighborhood Commercial District (1st reading only ~ven on 11-21-88), presented and read. Council Member Heckmann moved that the reqnirement that a proposed Or- dlnance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Second- ed by Council Member Pratt. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Pratt, Vcetberg. Nays--Council Members Kluesner, Simun. MOTION FAILED DUE TO LACK OF s/~ VOTE. ORDINANCE NOT ADOPTED. Council Member Deich moved that th~s be considered the second reading only. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Pratt, Simon, Voetberg. Nays-- Council Member Kluesner. Proof of pnblication, certified to by tbe Publisher, on Notice of Public Hearing on the matter of issuance of not to ex- ceed $1,200,000 Urban Renewal Tox In- crement Revenue Notes, etc. AND Com- municatinn of City Manager recommen- ding approval of Resolution regarding the sale and issuance of To~x Increment Revenue Notes for the downtown/hotel parking complex, presented and read. Council Member Pratt moved that the proof of publication and communication be received and liled. Seconded by Coun- cil Member Delch. Carried by the fo]low- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt. Simon, Voetberg. Nays--None. RESOLUTION NO. 329-88 RESOLUTION INSTITUTING PRO- CEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,200,000 URBAN RENEWAL TAX INCREMENT 396 Regular Sessior December 5, 1988 REVENUE NOTES AND EXECUTION OF LOAN AGREEMENTS RELATING THERETO WHEREAS, pursuant to notice pub- lished as required by law, this Councll has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $1,200,000 Urban Renewal Tax Increment Revenue Notes and execution of loan agreements relating thereto for the purpose of pay- ing costs of carrying out of the Downtown Dubuque Urban Renewal Project, Iowa R-15, including but not limited to the acquisition and construc- tion of a parking facility, skywsik, public sp~e and laud upon which such im- provements are to be located, under the authority of Chapter 403 of the Cede of Iowa, 1987, and has considered the ex- tent of objections received from residents or property owners as to said proposed issuance of Notes; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RE- SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and tskes additional action for the sale and issuance in the manner required by law of not to exceed $1,200,000 Urban Renewal Tox Increment Revenue Notes and execution of loan agreements relating thereto for the foregoing purpose. Section 2. The Clerk is authorized and directed to prcceed on behalf of the City with the sale et said Notes, to select a date for the sale thereef, to cause to be prepared s~ch notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take ell action necessary to permit the sale of said Notes on a basis favorable to the City and acceptable to the Council. Passed, approved and adopted this 5th day of December, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption 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. Communication of Attorney Joseph Bitter on behalf of "The Cash Com- pany/Mr. Gremmel' requesting to ad- dress the Council regarding a rasoalng re~ quest for property located at 3606-36061/2 Crescent Ridge, presented and read. Council Member Simon moved that the communication be referred to the City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmaun, Kluesner, Pratt. Simon, Voetberg. Nays--None. Comn~udication of Attorney Gary Nor- by requesting final clarification as to the acceptance and dedication to the public for street purposes, a portion of the street known as Nightengale Lane in front of Krieg Boys Ice Corp., AND Communica- tion of Gary Norby relative to the above, presented and read. Council Member Simon moved that the communications be received and filed and referred to the City Manager. Seconded by Council Member Voetberg. Carried by the inllowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitring a Resolution of Necessity Find- lng for the Urban Renewal Plan and re- questing to refer plan to the planning and Zoning Commission for review and com- ment, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Counell Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Veetherg. Nays--None. RESOLUTION NO. 330-88 A RESOLUTION OF NECESSITY Regular Session, December 5, 1988 397 FINDING THAT PHASE THREE OF THE DUBUQUE INDUSTRIAL CENTER IS AN ECONOMIC DEVELOPMENT AREA AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA WHEREAS, Dubuque In-Future, Inc. has developed a multi-phased plan for the westerly expansion of the Dubuque In- dustrial Canter; and WHEREAS, the City Council believes that the incorporation of Phase Three of the proposed industrial center expansion project in the Dubuque Industrial Center Economic Development District will benefit the City of Dubuque's ongoing economic development efforts; and WHEREAS, au Urban Renewal Plan for the Dubuque Industrial Center Economic Development District was adopted by Resolution 130-88 on the 2nd day of May 1988; and WHEREAS, the City Manager has presented an amended urban renewal plan, hereto attached as EXHIBIT A, which is preliminary and subject, to medifications prior to its adoption; and WHEREAS, Iowa Urban Renewal Law r ,e~l. uires that before urban renewal powers may be exerclsed, a City Council must adopt a resolution finding that the area in question is a slum area, a blighted area or an economic development area, and designating such area as appropriate for ubran renewal activities; and WHEREAS, the City of Dubuque is required by the Iowa Urban Renewal Law to provide the Planning and Zoning Commission with an opportunity to review and comn~ent upon the amended ubran renewal plan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described area, to be known as "Phase Three of the Dubuque Industrial Center" and includ- ed in the amended urban renewal plan, is au economic development area within the definition of Chapter 403 of the Iowa Code and is appropriate for an urban renewal project; to wit: The Nor~hwast One Quarter of the Southwest One Quarter of Section 29, Township 89 North, Range 2 East, and; Lot 1 of Lot 1 of the Southwest One Quarter of the Southwest One Quarter North of the North Right-of-Way Line of the Ice Railroad of the North One Quarter of the Southwest One Quarter of Section 29, Township 89 North, Range 2 East, all in the City of Dubuque, Iowa. Section 2. That the development of said area for non-residential uses is necessary in the interest of the public health, safe- ty, or welfare of the residents of the City of Dubuque, Iowa. Section 3. That the Planding and Zen- ing Commission of the City of Dubuque is hereby requested to review an amend- merit to the "Dubuque Industrial Center Economic Development District" Urban Renewal Plan, attached hereto as EX- HIBIT A, and to make written recom~ mendatlons as to its conformity with the general plan for the development of the City of Dubuque. Passed, approved and adopted this 5th day of December, 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 fonowing vote: Ysus--Mayor Brady, Council Members Deich, Heckmann, Kluasner, Pratt, Simon, Voetberg. Nays--None. Couuell Member Deich moved that they reconsider action just taken. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Council Member Simon moved that the communication be received and filed and 398 Regular Session December 5, 1988 adopt the Resolution, Seconded by Coun- cil Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Voetberg. Nays-- Council Member Simon. Communicatio~ of City Manager sub- mitring an amendment to the Ordinance providing for the establishment of a Tax Increment Financing District within the Dubuque Industrial Center, 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. ORDINANCE NO. 63-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING O1% DINANCE NO. 26-88 TO CLARIFY THE APPLICATION OF ORDI- NANCE NO. 26-88 IN REGARD TO THE COLLECTION OF TAXES FOR THE PAYMENT OF THE DEBT OF TAXING DISTRICT, presented and read. Council Member Pratt moved that this be considered the first reading of the Or- dinance, 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, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 63-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING OR- DINANCE NO. 26-88 TO CLARIFY THE APPLICATION OF ORDI- NANCE NO. 26-88 IN REGARD TO THE COLLECTION OF TAXES FOR THE PAYMENT OF THE DEBT OF TAXING DISTRICTS. WHEREAS, the City Council of the City of Dubuque, Iowa, duly adopted Or- tlnance No. 26-88 on the 2nd day of May, 1988; and WHEREAS, the bond counsel for tbe City of Dubuque has subsequently recommended that said Ordinance be amended to clarify the application of said Ordinance in regard to the collection of to.xes for the payment of the debt of tax- lng districts; and WHEREAS, the City Council of the City of Dubuque, Iowa, desires to amend said Ordinance in accordance with the ad- vice of its counsel. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 26-88 of the City of Dubuque, Iowa, be and it is hereby amended by deleting Section 3 thereof and adopting a new Section 3 in lieu thereof as follows: "Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Or- dinance shall be allocated to mad when collected be paid into a special fund to be hereafter established by Resolution of the City of Dubuque, Iowa, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, as- sumed or otherwise, including bonds issued under the authority of Section 403.9 of the 1987 Code of Iowa, and the Section 403.12 of the 1987 Cede of Iowa, which may be incurred by the City of Du- buque, Iowa, to finance or refi- nance in whole or in par~ approved development projects within the Urban Renewal/Economic Devel- opment District except that taxes for the payment of bonds and in- terest of each taxing district shall be collected against all taxable property within Urban Renewal/ Economic Development District without any limitation as herein- above provided." Section 2. That this Ordinance shall be Regular Session in effect after its final passage, approval and publication as provided by law. Passed, approved and adopted this 5th day of December, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of December, 1988. Mary A. Davis City Clerk It 12/12 Council Member Pratt moved that this be considered the first reading of the Or- dinance, 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 Ordinonce. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetherg. Nays--None. Communication of City Manager re- questing to remove from the table the matter regarding the acquisition of pro- petty on ~Arlington St. and submitting additional information regarding the sub- ject, presented and read, Council Member Dalch moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Khiesner, Pratt, Simon, Voetherg. Nays--Council Member Heckmmm. RESOLUTION NO. 331-88 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE ON ARLINGTON STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque has a secured interest in the property at 623-627 Arlington Street; and WHEREAS, to insure such interest it is necessary to purchase the property; December 5, 1988 399 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally-described property: Lot One (1) and Lot Two (2) of Lot 801, McDaniel's Subdivision of Town Lots, in the City of Du- buque, Dubuque County, Iowa, according to the recorded plat thereof. At the cost of nineteen thousand six hun- dred dollars ($19,600.) Section 2. That the City of Dubuque be and is hereby authorized and directed to accept a Quit Claim Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein above described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recoed- ed in the office of the Dubuque County Recorder, together with certified copy of this Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a cer- tified copy of this Resolution to the Du- buque County Assessor and the Du- buque County Auditor. Passed, approved and adopted this 5th day of December, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member moved adoption of the Resolution. Seconded by Coundfl Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, 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 4OO based on age; relating to prohibited hone, ing practices; relating to prohibited employment practices; relating to AIDS testing in employment; and relating to prohibited education practices (1st reading given on 11~20~88), presented and Council Member Voetberg moved that this be considered the second reading of the Ordinance. Seconded by Council Member Shnan. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Corporation Court- sal recommending Council authorize Public Works Director to execute documents pertaining to barge fleeting, presented and read. Council Member Pratt moved to receive and file the communication; authorize Public Works Director to ex- eante documents; approve invoice for payment from Fish and Wildlife; approve lease with currant leasur as under opera- tlon with current lease with charges to be included in all costs incurred by adi ministration. Seconded by Mayor Brady. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Heckmann, Pratt. Nays--Council Members Kluesner, Simon, Voetberg. Communication of Dept. of Army Corps of Engineers, to the City Public Works Director Prank Murray, advising of violation by au anchor barge moo. red on the Mississippi River at approx, river mile 578.4 IleE bank), presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt. Nays--Council Members Klnssnsr, Simon, Voetherg. Communication of City Manager re- questing approval to expend 516,619.00 for the removal of asbestos at Eagle Point park Water plant, presented and Council Member Simon moved tha~ the communication be received and filed and expenditure apprdyed. Seconded by Session, December 5, 1988 ~ Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khieaner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 332-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. David Lyons River City Tap & Grill 1466 Pine St. B & M Convenient Mart Oky Doky/fl 3301 Pennsylvania Ave. Passed, approved and adopted this 5th day of December, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resalution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 333-88 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the san~e have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be autharized to cause to be issued to the following named applicants a Beer Permit. 401 CLASS "B" BEER pERMIT United Automobile Workers, Local #94 3450 Central Ave. (Also Sunday Sales) Passed, approved and adopted this 5th day of December, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Dcich moved adop. tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Heckmann, Kluasner, pratt, Simon, Voetharg. Nays--None. REsoLUTION NO. 334.86 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 cupled by such applicants were inspected and found to comply with the State Law and ali City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- soLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appllcaut(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Benevnient & ProteC41ve Order of Elks 9297 2699 J.F.K Billy Bucks, Inc. 521 E. 22nil St. (Also Sunday Sales) Angelina Bertollni 1298 Main St. Mario's (Also Sunday Sales) New French Cafe, Inc. 255 W. 6th St. passed, approved and adopted this 5th day of December, 1988. James E. Brady Mayor Mary A. Davis City Clerk Council Member Deizh moved adop- tion of the Resulution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesnar, Pratt, Simon, Voetherg. Nays--None. printed Council Minutes for the month of May, 1988, for Council approval, presented and read. Council Member Vcetberg moved that the minutes be approved as printed. Seconded by Council Member Deich. Car- ded by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesnsr, Pratt, Simon, Vcetherg' Nays--Nons. MINUTES SUBMITTED: Cable TV Ragulatary Commission of 11-9; Fire Retirement Ed. of 11-21; Housing Code Review Committee of 11-15; Mechanical Bd. of 9-27; park and Recreation Com- mission of 11-8; Police Retirement Ed. of 11-21; Public Library Bd. of 11-15, presented and read. Councll Member V~etberg moved that the minutes be received and filed. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayar Brady, Council Members Deizh, Heckmann, Klueanar, Pratt, Simon, Voetharg. Nays--Nons. NOTICE OF CLAIMSISUITS: Carl Burbach in amt. of $L614.55 before Small Claims Court, for failure of City to inspect a proposed sanitary park · No. 4; Terry Hahn in estimated amount of $176 for vehicle damages; James Klauer in amt. of $265.90 for pro- perty damages, presented and read. Council Member Vcetberg moved that the claims be referred to the Legal Staff for hivestigation and report. Seconded by CounCll Member Delch. Carried by the 402 Regular Session December 5, 1988 following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communicatinn of Corporation Coun- eel recommending payment of automo- bile damage claim bf Bernard Fox in amt. of $117.38; Recommending settlement of personal injury and property damage claim of Deborah Graf in the amt. of $3600; Recommending payment of paint damage to clothing claim of Karen Hurt in the amount of $40, presented and read. Council Member Voetharg moved that the communication be received and fried and approved settlements with Finance Director to issue the proper checks. Seconded by Council Member Delch. Car~ tied by the inllowing vote: Yeas--Mayor Brady, Council Members Delch, Heck- mann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Communication of Corporation Coun- eel recommending den~el/elosure of the foilowing claims: trailer damage of Dr. Hemphill; auto damages of Robert Ken- dali; Personal injury of Evelyn Scherrer; porch damage of Leta Siege, presented and read. Council Member Voetberg moved that the communication be received and filed and denial approved. Seconded by Coun- cil Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Dalch, Heckmaun, Kineaner, Pratt, Simon, Voetharg. Nays--None. Petition of Lyle Whalen d/b/a Island Princess Cruises, requesting approval to proceed with plans to develop land at 2400 Kerper Blvd., presented and read. Council Member Voetberg moved that the petition be referred to the Planning and Zoning Commission. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mltting Resolution for release of funds for certain Community Development Block Grant Projects, presented and Council Member Vcetherg moved that he communication be received and filed. Seconded by Council Member Dsich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deiah, Heck- mann, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 335-88 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuque con- vened an ad hoc committee on June 23, 1976 which completed an Environmen- ;al Assessment of the following projects to be funded in the Community Develop- ment Block Grant; and Residential Rehabilitation Loan Program; Operation Paintbrush (free ex- terior paint); Tool Lending Library sponsored by Washington Tcol Library, Inc., a non-profit corporation; Property Acquisitinn/Reloca- tlon/Demoiltinn Projects; and WHEREAS, pursuant to Resolution No. 240-76 adopted July 6, 1976, Public Notice of a "Finding of No Significant Effect on the Environment" for the above projects was published July 7, 1976 in the Dubuque Telegraph Herald, and provided for a public comment period until 12:00 Noon, Friday, July 30, 1976, and notice of opportunity to review the ~roject was published on November 23, 1988 in the Dubuque Telegraph Herald and provided for a public comment period until 12:00 Noon, December 9, 1988; and WHEREAS, the City of Dubuque con- vened an ad hoc committee on June 15, 1982 which completed au Environment Assessment of the following project to be funded in the Community Develop- ment Block Grant; and Housing Code Enforcement; and WHEREAS, pursuant to Resolution No. 210-78 adopted June 19, 1978, Public Regular Session, December 5, 1988 403 Notice of a "Finding of No Significant El- fect on the Environment" for the project above was published June 20, 1978, in the Dubuque Telegraph Herald and pro- vided for a pubilc comment period until 12:00 Noon, Friday. July 7, 1976, and notice of opportunity to review the pro- ject was published on November 23, 1988 in the Dubuque Telegraph Herald and provided for a public comment petled un- tll 12:00 Noon, December 9, 1988; and WHEREAS, the City of Dubuque con- vened au ad hoc committee on July 30, 1982 which completed an Environmen- tai Assessment of tbe fullowing project to be funded in the Community Develop- ment Block Grant; and Commercial/Industrial Loan Par- ~icipasion; and WHEREAS, pursuant to Resolution No. 169-82 adopted August 2, 1982, Public Notice of a "Finding of No Signifi- cant Effect on the Environment" for the project above was published June 21, 1982, in the Dubuque Telegraph Herald and provided for a public comment period until tlxe project was published on No- vember 23, 1988 in the Dubuque Tale- graph Herald and provided for a public comment period until 12:00 Noon, December 9, 1988; and WHEREAS, the City of Dubuque con- vened an ad hoc committee on July 30, 1982 which completed an Environmen* tal Assessment of the fellowing project to be funded in the Community Develop- ment Block Grant; and Economic Development Acti- vities; and WHEREAS, pursuant to Resolution No. 203-82 adopted August 2, 1982, Public Notice of a "Finding of No Signifi- cant Effect on the Environment" for the project above was published August 4, 1982, in the Dubuque Telegraph Herald and provided for a public comment period until the project was pubfished on No- vember 23, 1988 in the Dubuque Tele~ graph Herald and provided for a public comment period until 12:00 Noon, December 9, 1988; and WHEREAS, Public Notice of a "Find- lng of No Significant Effect on the En- vironment'' for the projects was sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appro- priate to receive such a Public Notice; and WHEREAS, any and all objections. if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the subwlssion of a request to the U.S. Department of Hous- ing and Urban Development for the release of funds to carry out the above- identified projects. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for each of the projects shell continue to remain on file in the Of- fice of the City Clerk where said record may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment seven (7) days after publication of appropriate notice a request for release of funds to undertake the said projects. Section 3, That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a responsi- ble federal official under the National En- vlronmental Protection Act, insofar as the provisions of the said Act apply to tha U.S. Department of Housing and Ur- ban Development responsibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federai Courts if an action is brought to enforce responsibilities in relation to environmen- tal reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is harsi)y author- ized and directed to execute a certifi- 404 Regular Sessior December 5, 1988 cation pertaining to the Environmental Review Procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request Ior Release of Funds and Certification at- tached hereto and made a part hereof. Passed, approved and adopted this 5th day of Deeember, 1988. James E. Brady Mayor ATTEST: M~ry A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Deice Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Communication of Father Nell Tobin submitting comments regarding "Report to the Human Rights Conunissfun" from the Task Force on Sexual Orientation, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Deice Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- manr~ Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending acceptance of the con- structlon contract for the concrete pave- ment repairs to Kerper Blvd. (U.S. 61 and 151) between East 16th St. and Pine Sts., presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member DeicE Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 336.88 ACCEPTING IMPROVEMENT WHEREAS. tbe co~ra~ for tbe Kerper Boulevard IU.S. #61 and 151) from E. 16th Street to Pine Street, Fdil Depth P.C. Concrete Patching Project has been completed and the City Man- ager has exmxfined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT BE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE iT FURTHER RESOLVED that the Cit~y Treasurer be and he is hereby directed to pay to the contractor i~om the street construction fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of December, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by -Council Members Delch, Heekmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 337.88 FINAL ESTIMATE WHEREAS, the contract for the Kerper Boulevard (U.S. #61 and 151) from E. 16th Street to Pine Street, Full Depth P.C. Concrete Patching Project has been completed and the City Engi- neer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE~ BE IT RE- SOLVED, BY THE~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $35,550.13 and that said amount shell be Regular Session paid from the street construction fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of December, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Deice Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting the recommended Street Con- struction Program for the next five years, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Dcich. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heck- mann, Kluesner, Pratt, Simon, Veetberg. Nays--None. RESOLUTION NO, 338-88 RESOLUTION APPROVING A TENTATIVE FIVE YEAR STREET CONSTRUCTION PROGRAM AND SUBMITTING SAME TO THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, there has been prepared a tentative street construction program for fiscel year 1989 through 1993; and WHEREAS, said construction pro- gram must be filed with the Iowa Dopar t- ment of Transportation by December 1, I988 for the purpose of ellocating Road Use Tax Funds to municipalities; and WHEREAS, this Council has review- ed the tentative street construction pro- gram as submitted. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. December 5, 1988 405 Section 1. That the Tentative Five Year Street Construction Program for fiscal years 1989 throngh 1993 be and the same is hereby approved, and the Mayor is hereby authorized and directed to sign this Resolution. Section 2. That the City Manager is hereby authorized and directed to for- ward the required documents relating to the Five Year Street Construction Pro- gran~ to the Iowa Department of Trans- portatfun. Passed, approved and adopted this 5th day of December. 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member DeicE Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Refunds Requested: Soupy's in the amt. of $422.50 for unexpired Liquor Licenses, presented and read. Council Member Voetberg moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member DeicE Car- ried by the fo~owing vote: Yeas--Mayor Brady. Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Steve Norman, Executive President oI Chamber of Commerce, spoke to the Council. There befug no further business, Coun- cil Member Heckmann moved to adjourn the meeting. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmalm, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 9:44 p.m. Mary A. Davis City Clerk 406 Approved __ Adopted Regular Session_ _1989 1989 Mayor Council Members ATTEST: City Clerk December 5. 1988 Regular Session, CITY COUNCIL OFFICIAL Regular Session, December 19, 1988. Council Met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Mem- bers Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. LiffdahI. Mayor Brady read the call and stated this is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Robert Williams, Executive Director of the Dubuque Rescue Mission. Communication of Robert Wild, Chal~ man of Sister City Committee, advising of a request that Dubuque be a sister city to PyalJgorsk, USSR, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner. Pratt, Simon, Voetberg. Nays--Nong RESOLUTION NO. 339-88 RESOLUTION SUPPORTING THE SISTER-CITY RELATIONSHIP BETWEEN THE CITY OF DUBUQUE, IOWA, USA, AND THE CITY OF PYATIGORSK, DISTRICT OF STAVROPOL, USSR WHEREAS, the City of Dubuque is desirous of establishing a state of friend- ship with the City of Pyatigorsk in order to enhance goodwili, cultural exchanges, economic devalopment and trade; and WHEREAS, in so doing a mutual trast would develop permitting the prin- ciples of peace, democracy, and social progress to flourish; and WHEREAS, a further goal of this December 19, 1988 407 relationship would be for the City of Dubuque and the City of Pyatlgorsk to learn more about each other and to develop lasting and meaningful ex- changes; and WHEREAS, this relationship would further result in cooperation between the two cities in various fields including agriculture, industry, commerce, educa- tion, and tourism; and WHEREAS, through proposed youth exchanges it is anticipated that closer ties will be built among young people by involving more future leaders from the United States and abroad at an early and important stage in their lives; and WHEREAS, a committee of volun- teers has been named who are willing to commit their time, talent and resources to devalop and implement projects which will be mutually beneficial to both communities. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and the City Council of the City of Dubuque are supportive of the SistepCity relationship between the City of Dubuque, Iowa, USA, and the City of Pyatigursk, Dis- trict of Stavropal, USSR. Section 2. That the City Clerk is hereby authorized and directed to send a certified copy of tiffs resolution to Vasily Darshin, Mayor of Pyatigorsk. Passed, approved and adopted this 19th day of December, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of TCI Cablevision submitting proposed Agreement with 408 Regular Session, December 19, 1988 the City regarding effective competition, AND Communication of City Manager submitting comments pertaining to pro- posal from TCI, presented and read. Council Member Kluesner moved that the communications be received and filed and adopted the Agreement as presented/proposed. Seconded by Court- ell Member Pratt. Carried by the follow- ing vote: Yeas--Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Non~ Abstain--Mayor Brady. Communication of City Manager re- commending acceptance of area known as the "Extension of Nightengale Lane" as public right-of-way, as offered by Krieg Boys Ice Corp. and further recom- mending that the City begin providing snow plowing and salting services to this portion of tim roadway, presented and read. Council Member Kluesner moved that the communication be received and filed and approved recommendations to ac- cept as right-of-way. Seconded by Coun- cil Member Simon. Carried by the follow- ing votes: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting proposed permit Agreement with Dubuque Barge and Fleeting Ser- vice, and if acceptable, request authoriza- tion and direction that the Mayor exe- cute this permit agreement for the City of Dubuque, AND Communication of Public Works Director making a coffee- tion on information submitted, pre- sented and read. Council Member Pratt moved that the communications be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Mayor Brady. Bob Hudson and Gary New~ addressed the Council. A resolution approving terms and con- ditions of permit between the City and Dubuque Barge and Fleeting Service Ca and directing the Mayor to execute on behalf of the City, presented and read. Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Heckmann. Nays- Council Members Deich, Klues- ncr, Pratt, Simon, Voetberg. Motion Failed. Council Member Pratt moved to recon- sider the action just taken regarding adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Voetberg. Nays--Council Member Kluesner, Simon. Council Member Voetberg moved to table any action at this time regarding a Permit between the City and the Du- buque Barge and Fleeting Service Com- pony, that it be tabled for thirty days, to be brought back at the Council Meeting to be held on February 6, 1989. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Council Members Deich, Heckmann, Kfueaner, Pratt, Simon, Voetberg. Nays--Mayor Brady. Council recessed at 10:02 p.m. Council reconvened at 10:17 p.m. Communication of City Manager responding to rezonlng request submit- ted by Mr. Gremmel and his family and their business known as The Cash Com- pany (referred from meeting of 12-5-88), presented and read. Council Member Pratt moved that this item be removed from the table. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Council Member Pratt moved that the conununication be received and filed and that a Public Hearing be set for January 16th for LI zoning with restrictlors (con- ditions). Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Regular Session, December 19, 1988 Attorney Joe Bitter on behalf of Gremmel and Mr. Gremmel himself re- quested rezoning approval. Commumca- tion of City Manager responding to peti- tion of Richard J. and Alice R. Kelly to vacate part of Farragnt St. and recom- mending denial of said petition, pre- santed and read. Richard Kelly requested they overrule the Mgr;s recommendation and grant his request. Council Member Kluesner moved that the communication be received and filed and Manager's recommendations ap- proved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Canned Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Mayor Brady, Council Member Deich. ORDINANCE NO. 64-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING PORTION OF CHAPTER 21, HUMAN RELATIONS, BY DEFINING "FAMILIAL STATUS"; RELATING TO AIDING AND ABETTING: RELATING TO DISCOUNTS BASED UPON AGE; RELATING TO pROHIBITED HOUSING PRACTICES; RELATING TO AIDS TESTING IN EMPLOY' MENT AND RELATING TO PRO- HIBITED EDUCATION PRACTICES, (first reading given on 11-21, second reading given on 12-5) presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 64.88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, CHAPTER 21, HUMAN RELATIONS, BY ADOP- TING IN SECTION 21-1 AN UN- NUMBERED SUBSECTION DEFIN- ING "FAMILIAL STATUS"; AMEN- DING SECTION 21-39 BY REPEAL- ING PARAGRAPH (2) RELATING TO AIDING AND ABETTING AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH RELATING TO AIDING AND ABETTING; AMEN- DING SECTION 21-49 RELATING TO EXEMPTIONS FROM ACCOMMO- 409 OR SERVICES pROTEC- TION BY ADOPTING A NEW PARAGRAPH 4 RELATING TO DIS- COUNTS BASED UPON AGE; AMENDING SECTION 21-64 BY REPEALING SECTION 21-64 RE- LATING TO pROHIBITED HOUS- ING PRACTICES AND ADOPTING IN LIEU THEREOF A NEW SEC- TION 21-64 RELATING TO PRO- HIBITED HOUSING PRACTICES; BY AMENDING SECTION 21-56 RELATING TO PROHIBITED EM- PLOYMENT PRACTICES BY ADOP- TING A NEW PARAGRAPH 4 RELATING TO AIDS TESTING IN EMPLOYMEN~ AMENDING SEC- TION 21-71 RELATING TO PRO- HIBITED EDUCATION PRACTICES BY REPEALING SECTION 21-71 AND ADOPTING IN LIEU THERE- OF A NEW SECTION 21-71 RE- TO PROHIBITED EDUCA- TION PRACTICES. NOW, THEREFORE, BE IT OR- JNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section h Section 21-1 of the Code of Ordinances, City of Dubuque, Iowa, is amended by adopting the following un- numbered paragraph: "Familial Status" means one or more individuals (who have not attained the age of 18 years) be- ing domiciled with: (1} a parent or another person hay- lng legal custody of such indivi- dual or individuals; or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. Section 2. Section 21-39 (2) of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 3. The following new section 21-39(2) is hereby adopted: (2) Any person to discriminate against another person in any of the rights protected against dis- crimination on the basis of race, creed, color, sex, national origin, 410 Regular Session, December 19, 1988 familial status, religion, age, dis- ability or marital status by this article because such person has lawfully opposed any practice for- bidden under this article, obeys the provisions of this article, or has filed a complaint, testified or assisted in any proceeding under this chapter. Section 4. Section 21-49 of the Code of Ordinances, City of Dubuque, Iowa, is amended by adopting the following sub- paragraph (3): (3) Discounts for services or ac- commodations based upon age. Section 5. Section 21-56 of the Cede of Ordinances, City of Dubuque, Iowa, is amended by adopting the following sub- paragraph 4: Person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the an- tibody to the human immunadefi- aiency virus or to affect the terms, conditions, or privileges of em- ployment or terminate the em- ployment of any employee solely as a result of the employee obtain- ing a test for the presence of the antibody to the human immune- deficiency virus. An agreement between an employer, employ- ment agency, labor organization, or their employees, agents, or members and an employee or pro- spective employee concerning employment, pay, or benefits to an employee or prospective em- ployee in return for taking a test for the presence of the antibody to the human immunodeficienoy virus, is prohibited. The prohibi- tions of this paragraph do not apply if the state epidemialogist determines and the director of public health declares through the utilization of guidelines establish- ed by the center for disease con- trol of the United States depart- ment of health and human ser- vices~ that a person with a condi- tion related to acquired immune deficiency syndrome poses a sig- nificant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation. Section 6. Section 21-64 of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 7. The following new Section 21-64 is hereby adopted: Sec. 21-64. Prohibited practices. It shall be an unfair or discrim- inatory practice for any owner, or person acting for an owner, of rights to housing or real proper- ty, with or without compensation, including, but not limited t(~ per- sons, licensed as real estate bro- kers or salespersons, attorneys, auctioneers, agents or represen- [atives by power of attorney or ap- pointment, or any person acting under court order, deed of trust, or will: (1) To refuse to sell, rent, lease, assign, or sublease any real pro- perty or housing accommodation or part, portion or interest there- in, to any person because of the race, colm; familial status, creed, sex, age, religion, disability, or tional origin of such person. (2) To discriminate against any person because of that person's race, color, familial status, creed, sex, age, religion, national origin, or disability in the terms, condi- tions or privileges of the sale, ren- tal, lease assignment or sublease of any real property or housing ac- commadation or any part, portion of interest therein. (3) To directly or indirectly adver- rise, or in any other manner im dicate or publicize that the pur- chase~ rental, lease assignment, or sublease of any real property or housing accommodation of any part, portion or interest therein, by persons of any particular race, color, familial status, creed, sex, age, religion, national origin, or disability is unwelcome, objec- tionable, not acceptable or not solicited. Regular Session, December 19, 1988 411 (4) To discriminate against the lessee or purchaser of any real pro- perty or housing accommodation or part, portion or interest of the real property or housing accom- madation, or against any prospec- tive lessee or purchaser of the pta- perry or accommodation, because of the race, color, familial status, creed, religion, sex, disability, age or national origin of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar ca- pacity. Section 8. Section 21-71 of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 9. The following new Section 21-71 is hereby adopted: It is an unfair or discriminatory practice for any educational in- stitution to discriminate on the basis of race, creed, color, sex, na- tional origin, religion, or disabili- ty in any program or activity. Such discriminatory practices shall include but not be limited to the following practices: 1. Exclusion of a person or per- sons from participation in, denial of the benefits of, or subject to discrimination in any academic, extracurricular, research, occupa- tional training, or other program or activity except athletic pro- grams; 2. Denial of comparable oppor- tunity in intramural and inter- scholastic athletic programs; 3. Discrimination among persons in employment and the conditions of employment; 4. On the basis of sex, the applica- tlon of any nde concerning the ac- tual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or em- ployment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification. For the purpose of this section "educational institution" includes any preschool, elementary, secon- ' dary, or merged area school, area education agency, or post- secondary college or university and their governing boards. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications bas- ed on religion when such quail- fications are related to a bona fide religious purpose or any institu- tion from admitting students of Section 10. Sections 1, 2, 6 and 7 shall take effect on March 12, 1989. The re- maining Sections of this Ordinance shall be in full force and effect immediately upon its final adoption and publication as provided by law. Passed, approved and adopted this 19th day of December, 1988. James E. Brady Mayor ATTESm Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December, 1988. Mary A. Davis City Clerk It 12/27 Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, I~eckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Petition of John Vfuer, MD, requesting to address the Council to present the Dubuque Regional AIDS Coalition 412 Regular Session position on mandatory AIDS testing, presented and read. Dr. John Viner stated he opposed man- datory AIDS testing. Council Member Voetberg moved that the petition be. received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Petition of Sandra Kirkbride re- questing to address the Council with op- posing concerns relating to the proposed Ordinance that would "prohibit" AIDS testing of employees of prospective employees, presented and read. Sandra Kirkbride stated she opposed the Ordinance as presented. Council Member Vcotherg moved that the petition be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Vostberg. Nays--None. Communication of Rosi Scbeen advis- lng of being in favor of AIDS testing for all employees, presented and read. Council Member Vcetberg moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Vcetherg. Nays--None. Petition of Stacie Neldanghter and Ginny Lynns requesting to address the Council regarding the AIDS testing issue in proposed Ordinance, presented and read. Stecie Neldanghter stated she was against AIDS testing and Ginny Lynns stated she was in favor of the testing. Council Member Vcotberg moved that the petition be received and flied. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Vcotherg. Nays--None. December 19, 1988 ~. Petition of Lois Pusater~ objecting to passage of AIDS portion of Ordinance as presented, presented and read. Council Member Voetberg moved that the petition be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Vcotberg. Nays--Nane. Petition of A. L. Weitz objecting to passage of ordinance regarding AIDS, presented and read. Council Member Vcetberg moved that the petition be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None Shawton Stohlmeyer, Gory Gilford and Carl Meyer all spoke to the above issue. Communication of Kenneth Hindman on behalf of tho Hurean Eights Commis- sion, requesting a joint Work Session with Council concerning the amend- monte to the Human Rights Ordinance dealing with Sexual Orientation, presented and read. Council Member Simon moved that tho communication be received and filed and a Work Session scheduled for Mon- day, April 10th, 1989. Seconded by Council Member Deich. Corried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitring summary report from Council's Freeway 61/151 Work Session held November 28th and requesting concur- rence from Council or changes before it is sent forward to the Planning and Zen- ing Commission, presented and read. Council Member Kluesner moved that the communication be received and fried and concurred with report. Seconded by Council Member Pratt. Corried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Regular Session, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing approval of a Community Development Block Grant Loan in the amount of $150,000 between the City and Pmcisian Tool and Engineering, Ink, presented and read. Council Member Pratt moved that the communication be received and filed. 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. 340-88 RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH PRECISION TOOL AND ENGINEERING, INC. WHEREAS, under provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Com- munity Development Block Grant Funds for the purpose of stimulating economic development activities within the community; and WHEREAS, the City of Dubuque, Iowa desires to assist Precision Tool and Engineering, Ina in its efforts to acquke the Dubuque Division of the Vulcan Tool Corporation of Iowa; to re-establish operation of the manufacturing facility on Kerper Boulevard; to create perma- nent employment opportunities for its citizens and to encourage the exporta- tion of Iowa services; and WHEREAS, a Loan Agreement is to be executed by Precision Tool and Engineering, In~, and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, IOWA: Section 1, That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance December 19, 1988 413 of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, award- ing a $150,000 loan to Precision Tool and Engineering, Ink, according to the terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Devel- opment Block Grant entitlement fund, in accordance with the terms and con- ditions of the Loan Agreement hereto attached. Passed, approved and adopted this 19th day of December, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Pratt 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. Communication of Planning and Zon- ing Commission advising of their denial to allow a furniture upholstery/repair store as a permitted use in the C-1 Neighborhood Commercial District and requesting Council concurrence~ pre- sented and read. Council Member Heckmann moved that the communication be received and filed and concurred with the denial Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Non~ ORDINANCE NO. 65-88 AN ORDINANCE AMENDING ZON- ING ORDINANCE OF THE CITY OF DUBUQUE BY ENACTING A NEW SECTION 3-3.1B(16) TO ALLOW TV/RADIO/VIDEO SALES AND SER- VICE WITH A MAXIMUM OF 3500 SQUARE FEET IN GROSS FLOOR AREA AS A PERMITTED USE IN THE C-1 NEIGHBOEHOOD COM- MERCIAL DISTRICT (1st reading Regular Session, December 19, 1988 Regular Session, December 19, 1988 415 414 given on 11-21; 2nd reading given on 12-5, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 65-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS "THE ZONING OR- DINANCE OF THE CITY OF DU- BUQUE, IOWA", BY ENACTING A NEW SECTION 3-3.1B(16) TO ALLOW TV/RADIO/VIDEO SALES AND SER- VICE WITH A MAXIMUM OF 3,500 SQUARE FEET IN GROSS FLOOR AREA AS A PERMITED USE IN THE C-1 NEIGHBORHOOD COM- MERCIAL DISTRICT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA. Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance of the City of Dubuque, Iowa", by enacting a new Section 3-3.1B(16) thereof, as follows: 3.3,1 C4 Neighborhood Commercial District. B. Principal Permitted uses "(16) TV/Radio/Video Sales and Se~ vice with a maximum of 3,500 square feet in gross floor area [17]" 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 19th day of December, 1988. Jamee E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of December, 1988. Mary A. Davis It 12/26 City Clerk Council Member Simon moved final adoption of the 01~]lnance. Seconded by Council Member Voetharg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Pratt, Simon, Voetberg. Nays--Council Members Heckmann, Kluesner. Communication of City Manager re- questing Council approval of two resolu- tions pertaining to the Local Option Sales and Services Tax, presented and read. Council Member Simon moved that ,he communication be received and bled. 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. 341-88 RESOLUTION OPPOSING STATE DEPARTMENT OF REVENUE AND FINANCE PROPOSAL TO ENACT A FEE FOR THE COLLECTION OF THE LOCAL OPTION SALES AND SERVICES TAX WHEREAS, the voters of the City of Dubuque on February 2, 1988, approved a one cent local option sales and services tax effective April 1, 1988; and WHEREAS, the vote was 7,712 (80.0%) in favor and 1,931 (20.0%) op- ~osed; and WHEREAS, the sales and services tax revenue is used fifty percent for pro- perty tax reduction; thirty percent for street maintenance and reduction of street special assessments by at least seventy-five percent; and twenty percent for the upkeep of City property, transit equipment, riverfront and wetland development and economic development projects; and WHEREAS, the statute does not pro- vide for a collection fee; and WHEREAS, one of the advantages of the local option sales and services tax was that it was a piggyback trax and would not need a collection fee; and WHEREAS, the election did not pro- vide for a collection fee; and WHEREAS, the City Council of the City of Dubuque, Iowa, wishes to go on record opposing the imposition of a fee for the collection and remittance of the local option sales and service tax. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council op- poses the imposition of a collection fee for the local option sales and services tax. Section 2. That the City Clerk is hereby authorized and directed to transmit this resolution of opposition to area legislators, the Governor's office and the League of Iowa Municipalities. Passed, approved and adopted this 19th day of December, 1988. James E. Brady Mayor ATTESq~ 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, Counall Members Deich, Heckmann Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 342-88 RESOLUTION ENDORSING LEGISLATIVE PROPOSAL IMPLEMENTING A PAYMENT PROGRAM FOR LOCAL OPTION SALES AND SERVICES TAX ' WHEREAS, the voters of the City of Dubuque on February 2, 1988, approved a one cent local option sales and services tax effective April 1, 1988; and WHEREAS, the vote was 7,712 (80.0%) in favor and 1.931 (20.0%) oppos- ed; and WHEREAS, the sales and services tax payment for the quarter ending June 30, 1988, was not received until November 4, 1988; and WHEREAS. it is anticipated that there will be similar delays in receiving future quarterly payments; and ~WHEREAS, the City Council of the City of Dubuque, Iowo~ behaves that this is too long a delay in receiving payments and wishes to support a legislative pro- posal proposed by the City Council of the City of Sioux City, Iowa and the Board of Supervisors of Woodbury County. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa does hereby en- dorse the attached legislative proposal implementing a payment program for local option sales and services taxes. Section 2. That tho City Clerk is hereby authorized and directed to transmit this resolution and attached proposal to area legislators and the League of Iowa Municipalities. Passed, approved and adopted this 19th day of December, 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 Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. BOARD/COMMISSIONS: Com- munication of Chm'les Glab resigning from Historic Preservation Commission, presented and read. Council Member Simon moved that the comcaudication be received and filed and resignation accepted with regret. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council .Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. 416 Regular Session, December 19, 1988 HOUSING COMMISSION: Two Va- cancies: one application received. Coun- cil Member Pratt moved that Robert Fisch be appalnted to the Housing Com- mission for an unexpired term which will expire Aug. 17, 1990. 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, PLUMBING BOARD: Two Vacancies -- Journeyman Position and At-Large Position. Applicants (Journeyman Posi- tion): Michael McDermott; Jeff Wigen- borg; David Buechele, At-Large Appli- cants: Albert Bracket, ttarlan Wlilenborg, Jeffrey Schwartz. Vote on the appoint- ments was as fallows; Mayor Brady voted for Michael McDermott and A1 Bracket. Council Member Da/ch voted for McDermott and Bracket. Council Member Heckmann voted for Buecbele and Bracket. Council Member Kluesner voted for Buecbele and Bracket. Coun- cil Member Pratt voted for McDermott and Bracket. Council Member Simon voted for McDermott and Bracket, Council Member Voetberg voted for Buechele and Bracket. Therefore Michael McDermott was appointed as Journeyman Plumber and Al Bracket for the At-Large position on the Plumbing Bd. for terms which will expire Nov. 2, 1991. MECHANICAL CODE BOARD: 4 Vacancies -- 1 Sheet Metal Worker; 2 Pipefitters, i unexpired "Engineer" term. Applicants: Sheet Metal Worker: Tom Giese; Pipefitters: Harlan Willen- borg, Gerald Hammel, Frank J. Schwartz. "Engineer" position -- Thomas Glen/er (Found not to have the IA Engineering certification required.) Council Member Kluesner moved that Tom Giese be appointed as Sheet Metal Worker to the Mechanical Code Bd. for a term to expire 3-16-90. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Da/ch, Heckmann Kluesner, Pratt, Simon, Vootberg. Nays--None. Vote on the Pipefitter vacancies was as follows: Mayor Brady voted for Ham- mel and Willenborg; Council Member Deich voted for Hammal al Council Member Heckmann voted for Willenborg and Ha~nmal. Council Member Kluesner voted for Willenborg and Schwartz. Council Member Pratt voted for Willenborg and Hammel. Council Member Simon voted for Willen- borg and Hammel. Council Member Voetberg voted for Hammel and Schwartz. Therefore Gerald Hammel and J. Willenborg appointed to a term which will expire 3-16-91. RESOLUTION NO. 343-88 WHEREAS, applications for Beer Permits have been submitted and filed to this Councli for approval and the same have been examined and approved; and WHEREAS, The p~mises to be oc- cupied by such applicants were inspected and found to comply with the Or- dinances of this City and have filed pro- per bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuqu~ Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Angel Investment Company Casey's General Store 2699 Rockdale Rd. (Also Sunday Sales) Passed, approved and adopted this 19th day of December, 1988. James E. Brady Mayor ~_TTESql Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Members Deich, Heckmann, Kluesner, Pratt, Simon. Voetberg. Nays--None. RESOLUTION NO. 344-88 WHEREAS, Applications for Liquor have been submitted to this Regular Session, December 19, 1988 417 Council for approval and the same have been examined and approved; and WHEREAS, The premises to be cc- 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 canse to be issued to the following named applicant(s) a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc. Jullen Inn 200 Main (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kachevas, Inc. Demetris Restaurant & Viking Lounge 665 Dodge (Also Sanday Sales) David H. Hoffman The White House 450 W. Locust phillip R. Love The Lounge 481 Locust (Also Sunday Sales) Lenny's Avenue Top, Inc. Lenny's Avenue Top 1080 University Joseph F. Bleile A & B Tavern 2600 Central The Moracco, Inc. The Moracco 1413 Rockdale David A. Unge Copper Kettle 2987 Jackson (Also Sunday Sales) Channel Inn, Inc. Channel Inn 2010 Kerper (Also Sunday Sales) Passed, approved and adopted this 19th day of December 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner 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. Printed Council Proceedings for the month of June, 1988, presented for Coun- cil approval. Council Member Pratt moved that the minutes be approved as printed. Second- ed by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Da/ch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Housing Conm~. of 11-9; Human Rights Comm. of 11-14; Transit Trustee Bd. of 11-10, presented and read. Council Member Pratt moved that the minutes be received and filed. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIM/SUITS: Mil- waukee Insurance, on behalf of their client Arnold Henry, in the amt. of $826.89 for paint damoges to his vehicles; Mrs. Ruth Huggins in m~known amount for personal injuries; Norman Kirch in amt. of $117 for car damages; Jerome/ Patricia Scott in amt. of $3894.25 for backed-up sewer damages; Jeff Stiles in unknown amt. for personal injuries, presented and read. Council Member Pratt moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Corporation Counsel recommending settlement of 418 Regular Session, December 19, 1988 fo]lowing claims, auto damage of Terry Hahn in amt. of $176.60; Unnecessary repair of Richard B. & Madonna Here1 in the amt. of $61.15, presented and read. Council Member Pratt moved that the communications be received and filed and settlements approved and Finance Direc- tor issue proper checks. 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 Notice of Finding of No Significant effect on the environment for various Community Development Pro- jecte; proof of publication, certified to by the Publisher, of List of Claims paid for the month of October, 1988, presented and read. Council Member Pratt moved that the proofs of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager transmitting the Financial Reports for the month of November, 1988, presented and read. Council Member Pratt moved that the communication be received and flied. 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 Iowa DOT advising of the proposal to let a bridge deck repair project on Primary Road No. U.S. 20 on 2-28~89, said Project is located over Mid- die Catfish Creek and the C.C. Railroad at the west corporation line, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmmm, Kinesner, Pratt, Simon, Vcetberg. Nays--None. Communication of City Manager recommending acceptance of the com- )leted portion of the construction con- tact for the grading and draining facilities for the Northwest Arterial, Stage III, presented and read. Council Member Pratt moved that the communication be received and flied. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 345-88 ACCEPTING IMPROVEMENT WHEREAS, the major portion of the contract for the Northwest Arterial, Stage III, Grading and Drainage Con- tract, from Asbury Road to John F. Ken- nedy Road has been completed and the City Manager has examined the work and filed ins certificate stating that the same has been completed according to ;he terms of the contract, plans and specifications and recommends its accep- tance; and WHEREAS, the City desires to accept that portion of the already completed project and enter into a supplemental contract for the balance of the work. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the recommendation of the City Manager be approved and that said completed portion of the hnprove- ment be and the same is hereby accepted. Section 2. That the City Manager be and is hereby directed to execute a sup- plemental contract on behalf of the City of Dubuque in the amount of $37,282.60 for the remaining portion of the work, subject to all terms and conditions of the original contract. Section 3. That the City Treasurer be and he is hereby directed to pay to the contractor from General Obligation Bonds in amo~mt equal to the amount of the completed contract, less any retained percentage provided for therein. Regular Sessior Passed, approved and adopted this 19th day of December 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 3464~8 FINAL ESTIMATE WHEREAS, the major portion of the contract for the Northwest Arterial Stage III, Grading and Drainage Con- tract, from Asbury Road to John F. Ken- nedy Road has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- chiding the cost of estimates, notices and inspection and all miscellaneous costs: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said com- plead portion of the improvement is hereby determined to be $548,551.31 and that said amount shall be paid from the General Obligation Bonds of the City of Dubuque. Iowa. Passed, approved and adopted this 19th day of December 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Vcetberg. Carried by the follow- Lag vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of planning and ZOn- ing Commission approving final plat of Archdiocese Place -- Key West located December 19, 1988 419 in Dubuque County on Military Road and Oakland Farms Road, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 3~8 A RESOLUTION APPROVING THE FINAL pLAT OF ARCHDIOCESE PLACE-KEY WEST IN SECTION 11, TOWNSHIP 88 NORTH, RANGE TWO EAST OF FIFTH PRINCIPAL MERIDIAN IN DUBUQUE COUNTY, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Archdiocese Place - Key West in Dubuque County, Iowa; and WHEREAS, said final plat has been examined by the City of Dubuque Plan- ning and Zoning Commission and they find that the same conforms to the statutes and ordinances relating thereto, except that Lot 4 does not contain adc- quate size; and WHEREAS, said final plat has been approved by the City of Dubuque Plan- ning and Zoning Commission on the con- dition that Lot 4 can only be developed in conjunction with adjoining lots; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statues and ordinances relating thereto; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby proved and the Mayor and City Clerk be and are hereby authorized and directed 420 to endorse the approval of the City of Dubuque, Iowa upon said final plat, pro- vided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: A. Lot 4 can only be developed in con- junction with adjoining lots. Section 2. That in the event the owner falls to execute the acceptance provided for in Section 1 herein within 45 days after the date of tins Resolution, the pro- visions herein shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 19th day of December, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RESOLUTION NO. 347-88 We, the undersigned, Archdiocese of Dubuque, having read the terms and con- ditions of Resolution No. 347-88 and be- lng familiar with the conditions thereof, hereby accept the same and agree to the condition required therein, Dated at Dubuque. Iowa, this 21st day of December, 1988. By: Daniel F. Kucera, President By: Robert L. Ferring, Secretary Council Member Pratt moved adoption of the Resolution. Seconded by Council Me~nber Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfueaner, Pratt, Simon~ Voetberg. Nays--None. Conununication of planning and Zon- ing Commission approving final plat of Green Volley Farms Subdivision located in Dubuque County, north of English Mill Read, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the fallowing vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner. Pratt, Simon. Voetberg. Nays--None. Regular Session, December 19, 1988 RESOLUTION NO. 348-88 RESOLUTION APPROVING THE ~INAL pLAT OF "GREEN VALLEY FARMS SUBDIVISION" IN DUBUQUE COUNTY, IOWA WHEREAS, there has been filed with the City Clerk, a final plat of "Green Valley Farms Subdivision" in Dubuque County, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and hed its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the final plat of "Green Valley Farms Subdivision" in Dubuque County, Iowa, be and the stone is hereby approved and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Du- buque, Iowa upon said final plat. Passed, approved and adopted this 19th day of December, 1988. James E. Brady Mayor ATTEST: Mory A, Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Couneil Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Communication of planning & Zoning Commission approving final plat of Lot 1-11 and Lot 2-11 fu Yiannias Place, located north of John F. Kenuedy Road, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Regular Session, December 19, 1988 421 Carried by the Iollowing vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 349-88 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1-11 AND 2-11 OF YIANNIS PLACE IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk, a final plat of Lot 1-11 and 2-11 o£ Yianalas Place in the City of Dubuque, Iowa; and WItEREAS, said final plat has been examined by the City plaurdng and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and the City Council finds that the same conforms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lot 1-11 and 2-11 yiannias Place in tho City of Dubuque, Iowa be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 19th day of December, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon. Voetberg. Nays--None. There being no further business, Coun- cil Member Voetberg moved to adjourn the meeting. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned -- 1:10 A.M. December 20, 1988. Mary A. Davis City Clerk Approved - ~ 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk