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1989 February Council ProceedingsRegular Session January 31, 1989 Approved Adopted Mary A. Davis City Clerk 1989 1989 Mayor Council Members ATTEST: City Clerk Regular Session, CITY COUNCIL OFFICIAL Regular Session, February 6, 1989 Counc'd Met at 7:30 p.m., at the Public Library Auditorium. Present: Mayor Brady, Council Members Delch, Kluesner, Pratt, Veer- berg, City Manager W. Kenneth Gear- hart, Corporation Counsel Barry A. LindahL Absent: Council Members Simon, Heckmann. Mayor Brady read the call and stated this is THE REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. An- drew Oppedahl, Pastor of St. John's Lutheran Church. PROCLAMATION(S): Week of Feb- ruary 19-25 as "National Engineers Week" received by Ken Buesing and Hugh Dalton; Month of February as "American History Month." Frank Murray, Public Works Director, presented a SPIRIT related Action Recognition Certificate to William Kelly. Prcof of publication, certified to by the Publisher, on Notice of Public Hearing to consider au Ordinance approving an Amended Conceptual Development Plan for the PC District located north of Dedge Street and East of Wacker Drive, presented and read. There were no writ- ten objections received and no oral objec- tors present at the time of the Hearing. Council Member K!uesner 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, Kluesner, Pratt, Vcetherg. Nays--None. Absent--Council Members Heckmann, Simon. Council Member Kluesner moved that the rules be suspended to allow auyone to address the Council. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kiuesner, Pratt, February 6, 1989 27 Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Gordie Mills and Richard Davis re- quested favorable action on the proposed Ordinance. ORDINANCE NO. 1-88 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 "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA", BY AP- PROVING AN AMENDED CONCEP- TUAL DEVELOPMENT PLAN FOR THE PC PLANNED COMMERCIAL DISTRICT' LOCATED NORTH OF DODGE STREET AND EAST OF WACKER DRIVE, said Ordinance hav- ing been presented and read at the Coun- cil Meeting of January 16, 1989, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 1-89 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 "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA", BY AP- PROVING AN AMENDED CONCEP- TUAL DEVELOPMENT PLAN FOR THE PC PLANNED COMMERCIAL DISTRICT LOCATED NORTH OF DODGE STREET AND EAST OF WACKER DRIVE. WHEREAS, Richard L. Davis, owner and applicant, has filed an amended Con- ceptual Development Plan for certain properties hereinafter described in accor- dance with provisions of the PC Planned Commercial District regulations as set forth in Section 3-3.8D of the Cede of Or- dinancee, Append{x A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hearing on said amended Conceptual Development Plan pursuant to required published notice; and WHEREAS, the Plauning and Zoning Commission has approved said amended 28 Regular Session, Conceptual Development Plan subject to specific conditions and restrictions hay- lng found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-3.8D(4) of the Cede of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Corem/se/on recommended the concur- fence of the City Council and approval of said an~ended Conceptual Develop- ment Plan; and WHEREAS, the City Council has received the ~ecommendation of the Plan- ning and Zoning Commission and has held its own public hearing on said amended Conceptual Development Plan pursuant to required published notice; and WHEREAS, the City Council has ap- proved said amended Conceptual Development Plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That in order to accomplish- the purposes of the "PC Planned Com- mercial District" of the Zaning Ordinance of City of Dubuque, Iowa, the amended Conceptual Development Plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 1 in Hawkeye Highway No. 20 Place, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the "PC Planned Com- mercia[ District" and of the Zoning Or- dinance, the property hereinabove described is subject to the following con- ditions and restrictions; A. Use Regulations. The Icl/owing regulations shall apply to all uses made of land in the above described PC Planned Commercial District: 1) The principal permitted uses shall be limited to: a) Hardware store [17] b) Flowers/garden stores/comer' cia[ greenbouse [17] February 6,___1989 c] Shoe repair [18] d) Commercia[ art gallery [17] e) Bakery, wholesale/commer- ciai/retail [19] f) Indoor restaurant [20] g) Bar/tavern h) Supermarket [17] i) Clothing/accessory store [17] j) Shoe store [171 k) Sewing/fabric store 1) Tailoring/alterations [18] m) Booka/statianery store [171 n) Gifts/souvenir shop [17] o) Toys/bebby shop [17] p) Sporting goeds sales and rental [171 q] Bicycle shop sales and rental [17] r) Camera/photo supply store [17] s) Fro. n/tuts/heine furnishing [27] t) Appliance sales and service [27] u) Radio/tv, etc. sales and service [171 v) Computer sa[es and service [17] w) Music store (sales/rental) [17] x) Catalog center [28] y) Lanndermat [22] z) Furniture upliolstery repair [18] aa) Artist studio [5] bb) Photographic studio [23] cc) Neighborhood shopping center [17] rid) Business services [29] se) Indoor amusement center [23] fi) Office supply [19] gg) Indoor theater [48] hh) Indoor recreational facilities [37] ii) prhiting/publishing [32] jj) Auto service centers (TBA) [34] kk) Auto parts/supply [171 ii) Local shopping center mm) Parking structures [NA] nn) Wholesale sales/distributor [29] oo) Jewelry store [171 pp) Genera[ office [14] qq) Medical office/clinic [36] rr) Dental/medics/lab ss) Persona[ services [14] tt) Barber shop/beauty shop [17] uu) Grocery store [17] vv) Drug store/health care supplies [171 ww} Laundry/dry cleaners [191 xx) Department stores [17] 2) Accessory uses shall be limited to any use customarily incidental and subor- d/hate to the principal use. B. Lot and Bulk Regulations. Regular Session Developable of land in this particular PC planned Commercial District shall be regulated as follows: 1) All structures shall be a minimum of 40' from the front property line ad- joining Dedge Street and Wacker Drive. b) No building or structure can ex- csed 40 ' in height. C. parking Requirements. The off-strect parking requirements for the principal permitted use for the herein described PC Planned Conunercia[ District shall be designated by a bracket- enclosed anmber next to the use, as described in Section 4-2.7 of the Zonhig Ordinance of the City of Dubuque. D. Signs. 1) The sign regulations shall be the same as that winch are allowed for shop- ping centers in the C-3 Commercia[ District as provided in Section 4-3.11, Schedule of Sign Regulations. E. Site Plan Provisions. The site development standards for this PC planned Conuneraiai District shall be as follows: 1) The landscaping and screening re- qinremente shall be established in ascot- dance with the requirements of Section 4-5 of the Zoning Ordinance of the City of Dubuque. All other site development standards of Section 4-4 shall apply. F, Time Limitation. The timetable for construction and sub- mittal of a final site development plan shall be established in conformance with the following standards: 1) The Conceptual Development plan shall be valid for a period of three years, provided a final site development plan is submitted within one year from the date of adoption. G, Transfer of Ownership. Transfer of ownership or lease of prc- petty in tins PC Planned Commercial District shall include the transfer or lease agreement, a provision that the pur- cbaser or lease acknowledges awareness of the conditions authorizing the estab- lishmeaat of tins district. Section 3. That a final site development plan shall be approved by the City Development Planner if found to be in February 6, 1989 29 conformance with the approved Concep- tuai Development Plan. If found to be in. conformance with said plan, the issuance of building permits shall be permitted. Following approval of the final site development plan, no construction may take place except in substantial coufor- mance with such plan. Passed, approved and adopted this 6th day of February, 1989. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk ORDINANCE NO. 1~89 I, Ricbm'd L. Davis, having read the terms and conditions of the foregoing Or- dinance No. 1-89 and being familiar with the conditions thereof, hereby accept tins stone and agree to the conditions required therein. Dated in Dubuque, Iowa, this 19th day of February, 1989. By: a/Richard L. Davis Published officially in the Telegraph Herald newspaper this 28th day of February, 1989. Mary A, Davis City Clerk It 2/28 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Kluesner, Pratt, Voetberg. Nays--Note. Absent--Council Members He&mann, Simon. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance reclassifying properties at 1022 and 1016 Langworthy and other vacant property from R-2 District to ID District and approve a Conceptual Development Plan for the Mercy Health Center/Medical Associates C/i/nc District, presented and read. There were no written objections received at the time of the Hearing. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- 30 Regular Session February 6, 1989 Mayor Brady, Council Members Klues- net, Pratt, Voetherg. Nays--Council Member Deich. Absent--Council Mem- bers Heckmann, Simon. Petition of Mercy Health Center and Medical Associates requesting that the "Performance Standards" contained in the proposed Ordinance be amended as submitted, presented and read. Sister Helen Huewe from Mercy Hospital and Dr. Robert Meigaard, from Medical Associates, requested favorable passage of the Ordinance. Jim Shroeder, Charlie Kurt and Bob Molo. also encouraged passage of the Or- dinance. Counc'fl Member Voetberg moved that the petition be received and filed and ap- proved. Seconded by Council Member Pratt. Con'ied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Pratt, Voetberg. Nays-- Council Member Deich. Absent--council Members Heckmann, Simon. Council Member Voetberg moved that this be considered the second reading of an ORDINANCE Amending Zoning Or- dinauce of the City by reclassifying pro- perty from R-2 Two Family Residential District to ID Institutional District and to approve a Conceptual Development Plan for the Mercy Health Center/ Medical. Associates Clinic ID Institu- tlonal District, as amended. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Pratt, Voet- berg. Nays--Council Member Deich. Absent--Council Members Heckmann, Simon. Proof of publlcatlon, certified to by the Publisher, on Notice of Public Hearing on Plans and Specifications for the Northwest Arterial, Phase III, PCC Pav- ing and Intersection hnprovemente, presented and read. No written or oral objections. Council Member Kluesner moved that the proof of publication be received and fred, Seconded by Court(rd Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Members Heckmann, Simon. '- RESOLUTION NO. 24-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 28th day of December, 1988, plans, specificiations, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Northwest Arterial, Phase III, P.C.C. Paving and Intersection Ira- provements; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- qnired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passe(l, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resalutlon. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Veetberg. Nays--None. Absent--Council Members Heckmaun, Simon. Proof of publicatlon, certified to by the Publisher, on Notlce to Bidders on the receipt of bids for above project AND Communication of City Manager recom- mending to award contract for above pro- ject to Flynn Co., Inc., presented and read. Council Member Kluesner moved that the proof of publication and communica- tions be received and flied. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetherg. Nays--None. Absent--Counc?fl Members Heckmann, Simon. RESOLUTION NO. 25-89 AWARDING CONTRACT Regular Session February 6, 1989 31 WHEREAS, sealed proposals have been submitted by contractors for the Northwest Arterial, Phase III, P.C.C. Paving and InterseCtion Improvements pursuant to Resolution No. 4-89 and notice to bidders published in a newspaper published in the City of Du- buque. Iowa on the 12th day of January, 1989. WHEREAS, said sealed proposals were opened and read on the 20th day of January, 1989 and it has been determin- ed that the bid of the Flynn Company, Inc. Isubject to the Federal Highway Adi ministration concurrence) of Dubuque in the amount of $472,654.09 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and speci- fications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to the Flynn Com- pany, Inc. (subject to the Federal Highway Administration concurrence) and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of Febraary, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Counc'd Member Kluesner moved adop- tion of tbe Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Adjournment of Public Hearing on reclassifying property at 3606 and 3606V~ Crescent Ridge from R-1 to LI District. presented and read. Council Member Pratt moved that the public hearing adjounx to the Council Meeting of 2-20-89. Seconded by Coun~ cfi Member Vcetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent-.Council Members Heckmmm, Simon. Council Member Pratt moved that this be the second reading of an OR- DINANCE Amending Zoning Ordinance by reclassifying property at 3606 and 3606V~ Crescent Ridge from R-1 Single Family Residental District to LI Light Industrial District. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Na~s--None. Absent--Council Members Heckmann, Simon. Communication of City Manager sub- mitring au Ordinance to revise the Residential Hous'mg Code of the City and a Resolution providing that Residential Housing Code Fees be revised, and recommending a Public Hearing be held on the Ordinance and Resolution, pre- sented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Counc'd Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. An ORDINANCE Amending the Code of Ordinances of the City of Dubuque by repealing Chapter 20 and enacting a new Chapter 20 in lieu thereof to comprehen- sively revise the Residential Housing Code, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance and that it be set for Public Hearing on March 20, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmmm, Simon. A Resofutinn Providing for the establishment of a new "Schedule A, Residential Housing Code Fees", presented and read. 32 Regular Session February 6, 1989 Council Member Kluesner moved that this Resolution be set for a t'ubllc Hear- ing on March 20, 1989 at 7:30 p.m. in the Public ]Abrary Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetherg. Carried by the follow- ing vote: Yeas--Mayor Bredy, Council Members Deich, Kluesner, Pratt, Voet- berg. Nays--None. Absent--Council Members Heckmann, Simon. Communication of City Manager sub- mit~ng documents providing for the con- structinn of Gillespie Street Sanitary Sewer, presented and read. Council Member Kluesner moved that the communication be received and fried. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klues- ner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 26-89 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed pla~s, specifications, form of contract and estimated cost for the Construction of Gfilespie Street Sanitary Sewer, in the estimated amount of $33,164.67, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted tbJs 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundfl Member Kluesner moved adop- tion of che Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Coundl Members Delch, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 27-89 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has glven its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of tbe Construction of Gfilespie Street Sanitary Sewer. NOW, TtIEREFORE, BE IT RE- SOLVED that on the 6th day of March, 1989, a public hearing will be held at 7:30 p,m. in the Public Library Auditorium at which time interested persons may ap- pear and be henrd for or against the pro- posed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place o£ such hearing to be published in a newspaper having general circulatinn in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hear- ing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved ~u~d adopted this 6th day of February, 1989. 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 Dcich, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 28-89 RESOLUTION OF NECESSITY WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for tbe Construction of Gfilespie Street Sanitary Sewer. Regular Session BE IT THEREFORE RESOLVED that the City Council deems it advisable mad necessary for the public welfare to make the herein mentioned improvement, and ufiless property owners at the time of the final consideration of this proposed resolution have on fde with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections per teJnlng to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of m~dng said improve- ment will be assessed partially or total- ly against privately owned property ly- ing within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Sanitary Sewer Construction lhlnd, and special assessment bonds may be issued in anticipatinn of deferred payments of assessments when a contract has been performed and accepted, and the pro- ceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on f'de with the City Clerk this 6th day of February. 1989. Approved and placed on file for final action. 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 Dcich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmarm, Simon. RESOLUTION NO. 29-89 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY WHEREAS, the City Council of the City of Dubuque, Iowa, has given its February 6, 1989 33 preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Construction of Gillespie Street Sanitary Sewer, and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW, THEREFORE, BE IT RE- SOLVED. that on the 6th day of March, 1989, a public hearing will be held at 7:30 o'clock p.m. in tho Public Library Auditorium in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed im- provement or auy other person having an interest in.the matter may appear and be heard for or against the making of the im- provement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hear- lng to be published in a newspaper hav- ing general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two con- secutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its conaidera- tion. Unless property owners at the time of the final conslderation of this proposed resolution have on file with the City Clerk objections to the Resolution of Necesai- ty they shall be deemed to have waived all objections thereto. Passed, approved and adopted this 6th day of February, 1989. 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, Counc'd Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 30-89 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 34 Regular Session February 6, 1989 That the attached sheets, I to i in- ciusive, are hereby determined to be the schedule of proposed assessments for the Construction of G]llespie Street Sanitary Sewer aud tbe valuations set out herein are hereby approved. Passed. approved and adopted tins 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Cotmcil Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Pratt, Voetberg. Nays--None. Absent~Cowacil Members Heckmaun, Simon. Communicatinn of City Manager recommending a Public Hearing be set providing for the disposition of parcels of City owned property and the granting of access control and temporary ease- ments on other parcels of City-owned pro- perty to the IDOT for the construction of the relocated Hwy. #61 Project, presented and read. Council Member Kluesner moved that the communicatinn be received and filed. Seconded by Council Member Pratt~ Car- ried by tbe following vote: Yeas--Mayor Brady, Council Members Dcich, Kines- net, Fr/ttt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 314~9 RESOLUTION OF THE INTENTION OF THE CITY OF DUBUQUE TO DISPOSE OF CITY'S INTEREST, IN GRANTING OF TEMPORARY EASEMENTS, AND IN CONSENT- ING TO ACCESS CONTROL ON CITY OWNED PROPERTY TO THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the Iowa Department of Transportation and the City of Dubuqae, Iowa, entered into au agreement for the Freeway 561/Relocated 61 project, agree- ment identlfed as IDOT #73-P-024 and executed by the City of l~abuque and the Iowa Department of Transportation on Marcb 6, 1973 and April 4, 1973 respec- tively; and WHEREAS, provisions of this agree- ment are that the City shall be responsi- ble for providing without cost to the State all right-ofiway which involves a) dedicated streets or oReys; b) other City owned properties subject to the condi- tions the State shall ralmburse tbe City for the value of the improvements sit- uated on such City owned property; and WHEREAS, the Iowa Department of Transportation has the need for acquisi- tion of the following described property for the Relocated 61 project "Parte of Block 1 of Dubuque Packing Additinn, Lot 2 of Lot 506, Lot 1 of Lot 507, and Lot 508" all in the City of Dubuque and as described on the plat attached to a Parcel Acquisition Contract indentified as Project No. F-61-8(22)--20-31 and con- sidered a part herein; and WHEREAS, the Iowa Department of Transportation also is requesting that the City convey all its rights of direct ac- cess to Highway U.S. 61 from Sra. 252 + 62 -+ PL to Sta. 254 + 32-+ PL as identified on project plans; and WHEREAS, the Iowa Department of Transportation is requesting the City to grant them a temporary easement on the City's property for the purpose of con- structing a bridge from Sra. 252+62±PL to Sra. 254+32±PL, a strip 100 feet wide, East side as measured from the centerline of the pro- posed highway as shown on the project plans. Said temporary easement shall minate upon completion of tins inghway project; and WHEREAS, the Iowa Department of Transportation is requesting a temporary easement for land associated with the construction of the 3rd Street overpass City on property described as property C.L. 192, original Town of Dubuque and parts of Block E and Block D, Booth ad- ditlon, and vacated Market Street. Said temporary easement to be terminated upon completion of the Highway project; and WHEREAS, the Iowa Department of Transportation is requesting a temporary easement upon the property between 2nd and 3rd Street East of the Chicago Cen- tral and Pacific Railroad tracks described as follows: From Sra. 8 + 29 -+ PL to sra. 9 + 34, a strip 51 feet wide, North side, Regular Session February 6, 1989 35 From sra. 9 + 34 to Sta. 9 + 42 · PL, a strip 61 feet wide, North side, as measured from centerline of Third Street EQUATION: Sta. 1210+21.56 (Se- cond Street Survey Traverse Line) = Sta. 10 + 21.56 (Second-Third Street Conneetor~ EQUATION: Sta. 12 + 54.77 (Second- Third Street Connector) -- Sta. 15 + 94.30 (Exist. Third Street) From Sta. 1209 + 70 to Sta. 10 + 4I, a strip 35-35 feet wide, N-W side, From Sra. 10+41 to Sta. 11+70, a strip 35 feet wide, West side, From Sta. 11+70 to sra. 14+99, a strip 35-32 -+ ° feet wide, W-S side, From Sta. 1209 + 70 to Sta. 1210 + 00, a strip 10 feet wide, South side, From Sta. 1210 + 00 to Sta. 11 + 18 + Lot Line, a strip 10-60 feet wide. S-E side, From Sra. 11 + 18 -~ Lot Line to Sra. 11+91±PL, a strip 60-27.5 feet wide, East side, as measured from Street survey tra- verse, Second-Tinrd Street connector, and Third Street, Respectively. Said Temporary Easements shall ter- minate upon completion of this highway project. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City of Dubuque intends to dispose of its interest to the above described real estate m~d/or the granting of access control as described in the above identified real estate and/or on property on the above identified real estate on the premise that these tern- porary easements shall terminate on com- pletion of the 61 project. Section 2. That the City Clerk be and she is hereby authorized and directed to cause a notice to be published as pre- scribed under Chapter 364.7 -- Disposal . of Property, Code of Iowa, 1987 or as amended, Passed, approved and adopted tins 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundl Member Kluesner moved adop- tion of the Resolution, setting Hearing for February 20, 1989 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 Mem- bets Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Communication of City Manager re- questing a Public Hearing be set for Keyline's Consolidated Fiscal Year 1990 State Transit Assistance Application and its Fiscal Year 1990 program of projects, presented and read. Council Member Kluesner moved that the communication be received and filed and set matter for Hearing on March 20, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the matter prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Abeent--Council Members Heckmann, Simon. RESOLUTION NO. 32-89 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANS- PORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTA- T1ON ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for a mass transportation pro- gram of projects; WHEREAS, the contract for financial assistance will impose certain obligations upon tile applicant, including tbe provi- sion by it of tile local share of the pro- ject costs in the program; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Trans- portation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of 36 Regular Session Transportation requirements thereunder; and WHEREAS, it is the goal of the appli- cant that ~ninority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be establish- ed and administered to ensure that minority business shall have the max- imum construction contract, supplies, equipment contracts, or consultant and other services. 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 is authorized to execute and file applications on behalf of the City of Dubuque with the U.S. Department of Transportation to aid in the financing of an operating assistance project and the capital financing for completing the rehabilitation of the transit garage, remanufacturing four 35~ buses, and replacing a bus hoist, pursuant to Sec- tion 9 of the Urban Mass Transportation Act of 1964, as amended. Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effec- tuatlng the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That the Transit Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the program of projects. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the program of projects procurement needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute grant agreements on behalf of the,City of Dubuque with the U.S. Department of Transportation for aid in the financing of the operating and capital assistance progroan of projects. The undersigned duly qualified and acting Mayor of the City of Dubuque cer- tifies that the foregoing is a true and cor- rect copy of a resolutinn, adopted at a February 6, 1989 legally convened meeting of the City Council of the. City of Dubuque, Iowa held on February 6, 1989. Passed, approved and adopted this 6th day of February, 1989. 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, Kinesner, Pratt, Voetherg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 33-89 RESOLUTION AUTHORIZING THE FILING OF A CONSOLIDATED GRANT APPLICATION FOR OPER- ATING ASSISTANCE WITH THE STATE TRANSIT ASSISTANCE PROGRAM AND AUTHORIZING THE ENTERING INTO OF A CON- TRACT WITH THE IOWA DEPART- MENT OF TRANSPORTATION. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe Mayor of the City of Dubuque is hereby authorized to sub- mit and execute on behalf of the City of Dubuque a consolidated grant applica- tion for 1.7662% of formula funds (ap- proximately $88,309) with the State Transit Assistance Program and is fur- ther authorized to enter into a contract with the Iowa Department of Transpor- tation for such operating assistance. Section 2. That the Transit Manager is hereby authorized to furnish such ad- ditionai information as the Iowa Depart- ment of Transportation may require in connection with such grant applications. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution, Seconded by Regular Sessior Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, CounCil Members Dcich, Kluesner, Pratt, Vcetherg. Nays--None. Absent--Council Members Heckmann, Simon. Communication of City Manger re- questing approval to dispose of real estate located at 1025 Bluff Street and 623-627 Arlington Street, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Pratt, Vcetherg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 34-89 A RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY: EASTERLY ONE-HALF (E V~} OF LOT FIVE (5) OF THE SUB- DIVISION OF THE EAST PART OF OUT LOT 655 IN THE CITY OF DU- BUQUE, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED pLAT THEREOF, AND COMMONLY KNOWN AT 1025 BLUFF STREET, DUBUQUE, IOWA; AND LOT ONE (1) AND LOT TWO (2) OF LOT 801, MCDANIEL'S SUBDI- VISION OF TOWN LOTS IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, AND COMMONLY KNOWN AS 623-827 ARLINGTON STREET, DUBUQUE, IOWA. WHEREAS, the City of Dubuque has solicited and received offers to pur- chese for the above referenced properties, in the amount of $50,000.00, in accor- dance with offers to buy real estate a~- tached hereto; and WHEREAS, by accept'rog the selected offers the City's objectives of recovery of a substantial part of its outstanding loan balances, continued provision of assisted housing to qualifying families, property rehabilitation and selection of a competent owner-manager can be achieved; NOW, TItEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: February 6, 1989 37 Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the following legnlly-described property: Easterly One-half of (E ~/z) of Lot Five (5) of the Subdiviaion of tbe East part of Out Lot 655 in the City of Dubuque, Dubuque Coun- ty, Iowa, according to the record- ed plat thereof; and Lot One Il) 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. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest in the herein described real estate to Richard P. Butler and Sandra J, Butler, for the consideration of $50,000.00 and the terms of the offers to buy real estate attached hereto. Section 3. That this Council meet in the Carnegie Stout Public Library auditor- into, llth and Bluff Streets, Dubuque, Iowa, at 7:30 p.m. on the 20th day of February, 1989 for the purpose of taking action on the disposition of the herein described real estate in the City of Du- buque, Iowa. Section 4. That the City Clerk be and she is hereby authorized and directed to cause a notice to be published as pre- scribed under Chapter 364.7, Disposal of Property -- Code of Iowa 1987 or as amended. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Council recessed at 8:37 p.m. Council reconvened at 8:45 p.m. Pat Friedman, Executive Director. presented an oral report and update of Dubuque Main Street, Ltd. 38 Regular Session February 6, 1989 Council Member Pratt moved that the documents distributed with this report be received and filed. Seconded by Coun- ail Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Veetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 35-89 WHEREAS, the City of Dubuque is the holder of Special Use Permit No. 06598, issued by the United States Department of the Interior, Fish and Wildlife Service, granting to it permis- sion to provide barge fleeting on certain lands of the Upper Mississippi Wildfire & Fish Refuge, Jo Daviess County, Ill- inois; and WHEREAS, the City of Dubuque desires to grant permission to Dubuque Barge and Fleeting Service Company of Dubuque, Iowa, to provide barge fleet'mg, using established deadmen tie-offs on the land that is the subject of Special Use Permit No. 06598; and WHEREAS, the City of Dubuque and Dubuque Barge and Fleeting Service Company have reached agreement upon tim terms and conditions of a Permit to be issued by the City of Dubuque to Dubuque Barge and Fleeting Service Company, a copy of which Permit is attached hereto and incorporated herein by referepce; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The terms and conditions of the attached Permit between the City of Dubuque and Dubuque Barge and Fleeting Service Company are hereby approved. Section 2. The Mayor of the City of Dubuque is hereby authorized and directed to execute the Permit on behalf of the City of Dubuque. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved edepUlon of the Resolution. Seconded by Council Member Heckmarm. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khiesner, Pratt, Voetberg. Nays--None. Absent--Council Members tteckmann, Simon. PetiU~on of Dubuque County Conserva- tion Society requesitng to be included in the planning process regarding location and possible size of future barge fleeting areas near Dubuque, presented and read. Council Member Pratt moved that the petition be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klucs- ner, Pratt, Voetherg. Nays--None. Absent--Council Members Heckmann, Simon. Communication of City Manager re- questing approvai of City cost-sharing in a downtown hotel market study or studies in an amount not to exceed $15,000, presented aad read. Council Member Pratt moved that the communication be received and filed and approved City cost-sharing. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmarm, Simon. Communication of City Manager recommending approval to transfer the Dubuque Cable Service Delivery Fran- chise from TCI Cablevision of Dubuque to TCI of Iowa, presented and read. Council Member Kluesner 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, Klues- her, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 36-89 RESOLUTION (1) APPROVING AND CONSENTING TO THE TRANSFER OF THE DUBUQUE CABLE SER- VICES DELIVERY FRANCHISE, ORDINANCE NO. ~2-81, FROM TCI CABLEVISION OF DUBUQUE, INC., TO TCI OF IOWA, INC. (2) WAIVING THE ELECTION REFERRED TO IN SECTION 4,4 OF ORDINANCE NO. 42-81; ALL SUBJECT TO CERTAIN Regular Session coNDITIONS AND AGREEMENTS AS ATTACHED, WHEREAS, Group W Cable, Inc., woe the original Grantee to the Dubuque Cable Services Delivery Franchise, Or- dinance No. 42-81; and WHEREAS, the City Council of the City of Dubuque. Iowa, on April 20, 1987, approved the trans£er of the Fran- chise to TCI Cableviaion of Dubuque, Inc.; and WHEREAS, the City Council, on January 16, 1989, received, filed and referred to the City Manager for in- vestigation a request by TCI Cablevision of Dubuque, Inc. to transfer the Dubuque Cable Franchise to TCI of Iowa, Inc.; and WHEREAS, the City Manager is recommending that the City Council ap- prove the requested transfer subject to certain conditions and agreements; and WHEREAS, it is in the interests of the Cable Subscribers, the Cable Operator and the City of Dubuque, to complete the recommended transfer in a reasonable and timely fashion. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the transfer of the Dubuque Cable Services Delivery Fran- chise, Ordinance No. 42-81, from TCI Cablevision of Dubuque, Inc. to TCI of Iowa, Inc., is hereby approved an6 con- sented to, subject to the acceptance of conditions and execution of the agreements attached hereto. Section 2. That the election provided for in SecUmn 4.4 of the Cable Services Delivery Franchise, Ordinance No. 42-81, is hereby waived in accordance with the request of TCI of Iowa, Inc,, as provid- ed for in Section 4,9 of the Dubuque Cable Services Delivery Franchise, Or- dinance No. 42-81, subject to the condi- tions and agreements attached hereto. Section 3. That the Mayor of the City of Dubuque, Iowa, is hereby authorized to execute any documents necessary to accomplish the intent of this Resolution. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor February 6, 1989 39 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, Kluesner, Pratt, Vcetberg. Nays--None, Absent--Council Members Heckmann, Simon. Communication of City Manager recommending acceptance of the 1987 Asphalt Paving Project and the 1987 P.C. Concrete Paving Project, presented and read. Council Member Klueaner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- tied by the fullowing vote: Yeas--Mayor Brady, Council Members Deich, Khies- net, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 37-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the 1987 Asphalt Paving Project has been com- pleted and the City Manager has exam- ined the work and filed his certificate stathig that the same has been completed according to the terms of the contract, plans and spec'dications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approved and that said improvement be and tbe same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund and Sales Tax Fund in amount equal to the mnount of his contract, less way retained percentage provided for therein. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved edop- tion of the Resolution. Seconded by 40 Regular Session February 6, 1989 Cotmcil Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 38-89 FINAL ESTIMATE WHEREAS, the contract for the 1987 Asphalt Paving Project has been com- pleted and the City Engineer has submit- ted ids final estimate showing the cost thereof including the cost of estimates, notices, inspection, miscellaneous costs, and preparing the assessment and plat. 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 $876,839.71. Section 2. That $125,010.75 of the cost thereof shall be assessable upon private property and $751,828.96 shall be paid from the Street Construction Fund and Sales Tax Fund. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A, Davis City .Clerk Coundd Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 39-89 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 1987 ASPHALT PAVING PROJECT, INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFI- CALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the llnoJ schedule of assessments and accompany- lng plat showing the assessments pro- posed to be made for the construction of the 1987 Asphalt Paving Project under- contract with River City Paving of Du- buque, which final plat and schedule were filed in tbe office of the City Clerk on the 11th day of January, 1989, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditionally against the respective properties bene- fitted by the improvements as shown in the schedule, subject ~o the provisions of Section 384.63, Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. Assessments of $50.00 or more are payable in 10 equal annual installments, with interest on the unpaid balance, all as provided in Section 384.65, City Code of Iowa. Conditional deficiency assess- merits, if any, may be levied against the applicable property for the same period of years as the assessments are made payable. Assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publlca- tion of this notice of the fding of the final plat and schedule of assessments with the County Treasurer. Unless said assessments are paid in full within said tt~rty day period all unpaid assessments will draw annual interest computed at 10 percent (commencing on the date of ac- ceptance of the work) computed to the December 1st next following the due dates of the respective installments. Each installment will be delinquent on Sep- tember 30th following its due date on Regular Session February 6, 1989 41 July 1st in each year. Property owners may elect to pay any annual installment semiannually in advance. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cer- tificatinn once each week for two con- secutive weeks in tile manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by certified mall to property owners wllose property is subject to assessment a copy of said notice, and lnaillng to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member EAuesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by thc following vote: Yeas--Mayor Brady, Council Memhers Deich, Kluesner, Pratt, Voetberg, Nays--None. Absent--Council Members Heckmann, Simon. CITY OF DUBUQUE, IOWA SCHEDULE OF FINAL ASSESSMENTS CITY OF DUBUQUE 1987 ASPHALT PAVING PROJECT AS SHOWN ON ATTACHED SHEETS NO. I TO NO. 27 INCLUSIVE Regular Session, February 6, 1989 43 Regular Session, February 6, 1989 CONSTRUCTION COST LESS crrv SHARE ASSESSABLE SI{ARE ENGINEERING EXPENSE TOTAL ASSESSABLE AMOUNT Lot Gross 423.24 384.45 385.55 385.95 388.34 379.30 508,85 $ 3,749.47 652.66 SCENIC HEIGHTS BLOCK 3 EXTRA WORK Shoulder & Driveway CONSTRUCTION COST LESS CITY SHARE ASSESSABLE SHARE ENGINEERING EXPENSE TOTAL ASSF, SSMENT AMOUNT Unit Cost 4.95 108.00 26.75 26.75 0.87 4.80 225.00 0.60 6.00 1.40 0.50 Deficiency Assessment ST. ROSE PLACE 0.0(} 4,219.26 0.00 1,367.83 0.0() 517.4I 0.00 23)t2.91 0.00 w/2-2 2ST EOSE 0.00 535.00 0.00 2,235.10 0.00 5,980.06 0.00 691,23 Ll.l,2-Pc2 2-1,1.2-2,2-1-1-2,1-1-1-2,1-2-1-2 of COVENTRY PARK w/C012 w/C012 w/C012 w/C102 w/C012 w/CO12 w/CO12 w/C012 w/C012 w/C012 w/C012 w/C012 w/C012 w/COl2 w/C012 w/CO12 0.00 w/CO12 0.00 w/C012 0.00 w/C012 0,00 wlC012 0.00 w/C012 O.O0 w/C012 0.00 wlC012 O.O0 w/C012 0.00 w/C012 0.00 w/C012 0.00 w/C912 0.00 w/C012 0.0O 0.00 5,772.13 0.00 wICO12 0.00 w/COl2 0.00 w/CO12 O.OO w/C012 0.00 w/C012 0.00 w/C012 0.00 w/C012 0.00 w/C012 655 Gal. 8840 135.99 Ton 223.4 L,F. 32 L.F. 2 No. o1 1 No. of 43.62 Ton Regular Session, February 6, 1989 0,87 694.65 0.72 6,364.80 4,80 652.75 0.60 134.04 21,50 688,00 710.00 1,420.00 1,200.00 1,200.06 10.00 436.20 5.00 386.45 6.00 1,043.80 188.65 504.00 650.10 3,593.95 346.15 $88,258.42 69,650.96 $18,637,46 4,693,47 523,330.93 Deficiency Net Assessment Assessment City of Dubuque Pl - 320 91,669.81 396.18 0D0 393.18 City of Dubuque Pl - 321 13,594,11 150,29 0,00 150.29 City of Dubuque P~ · 322 18,132.00 252.69 0D0 252.69 City of Dubuque Pt - 323 w/322 w/322 0D0 w/322 City of Dubuque Pt - 324 w/322 w/322 0.00 w/322 City of Dubuque Pt - 325 w/322 w/322 0.00 w1322 Regular Session, February 6, 1989 45 65,710.00 270.50 0.00 270.50 75,575.00 392.18 0D0 392.18 4,492.00 149.~8 0.00 149.38 w/NW PT, 192 w/NW PT. 192 0.00 w/NW IYP. 192 2,917.0~ 46.81 0.00 46.81 37,143,47 19.80 0.00 19.80 41,874,29 0,86 0,00 0.86 48,059.07 6.15 0.00 6.15 41,328.67 125.75 0,00 125.75 48.056.51 47.69 0.00 47.69 40,714.72 26.02 0D0 26.02 17,637.73 12.15 0.00 12.15 34,622.03 62,44 0.00 62.44 23,461.39 26.02 0,O0 26.02 4,504,40 12.15 O,O0 12.15 RIVERI~RONT SUBDIVISION NO. 3 BLK. 2 46 Regular Session, February 6, 1989 Owner 7,860.82 1,460.92 0.00 1,460.82 ~ $12,325.98 $0.00 $18,325.83 Item Unit Cost Total Cost Excavation 4.95 1,785,96 Rem, of Conc. Pavement 6.75 925,29 Regular Session, February 6, 1989 R00 No. of EXTRA WORK EXTRA WORK Item Owner Kidfer, Edwea'd H. & Beverly M. L1-49 72,913.81 97.68 0.00 M.L. 249 Vincent A, & Nila M. Lot 2.1 w/2-93 w/2-93 0.00 PRYSI FARM & M.L. 166 Scott, Vincen~ A, & Nila M, 2-1-1-1-1- w/2-93 w/9~93 0.00 1-1-1-1-1 M.L, 249 PKYSI FARM 47 97.68 365.84 981.98 381.98 391.98 391.98 381.98 381.98 381.98 138.77 912.59 851.41 812.59 167.95 w/S20' N79'89 w/N79'88 w/S20' N79'89 381,98 381.98 361,98 421,44 371.48 w/2-93 w/2-93 w/2-68 2ML249 48 Regular Session, February 6, 1989 STEGER HEIGHTS BLOCK 9 L1-19 68,578.21 268.83 0.00 L2-19 1,007.73 26.40 0,00 L1-18 76,325.01 44.38 0.00 FINLEY, WAPLES & BURTON ADDITION L2-68 94,937.92 596.72 0,00 2ML249 2ML949 0.00 L2-1-69 77,903,92 495.47 0.00 L2-70 11,187.09 48,16 O.O0 LI-i-i-70 65,162.11 195.54 0.00 268.83 96.40 I3.62 44.38 596.72 80,011.52 449.32 0.00 442.32 wl6-70 w/9-79 0.00 w/2-70 62,994.05 291.27 0.00 291.27 63,107.39 291.27 0.00 291.37 69,707.39 291.27 0.00 291.27 76,254.05 291.27 0.00 291.27 66,014.05 291.27 0,00 691.27 67,604.9i 388.34 0,00 388.34 70,426.72 449.77 0.00 443.77 w12-76 w12-78 0.00 wl2-78 EAST STBEET SUBDIVISION O'Nei3, Ednmnd F. & El~abeth L10 81,175.47 402.80 EgeIhof~ Charles L. & Pat L9 65,975.84 197.44 Rossiter, Dorothy B. & Paul L1-8 5,815.31 38.24 Rossi~or, Dorothy B, & Paul L2-8 w/1-8 w/l-8 Kuclder, Wi/I/am J. & K~n L. L7 63,074.19 125.82 Klosforma~,'David M. & Micho0e C. L6 59,200.53 48.20 $12,553.65 FINAL ESTIMATE Quontity Unit Item 344,30 C.Y. Excavation 0.00 ' 403.80 0.00 197.44 0.00 38.24 0.00 195.82 $34.12 $12,519.53 Regular Session, February 6, 1989 49 Molo Oil Company NVzk9 J. & Jean Add SVa-9 Molo Oil Company L10 26,544.77 732,79 0~00 732.79 63,220.80 751,30 0.00 751.30 Regu. lar Session, February 6, 1989 Johnson, Marjorie L24-40 57,500,69 62L76 0.00 621.76 Tireaner man, David J. ' w/2-2-61 & Klm M. Murdock L2.40 w/2-2-51 w12-2-51 0.00 Wright, Roy A. w/l-l-40 Esther L1-1-2-39 w/1-t-40 w/l-l-40 0.00 Johnson, MorjoRe L2-1-2-39 wl2-1-40 w/2-1-40 0.00 w/2-1-40 & Klm M, Murdock L-2-0-39 w/2.2.51 w]0-2-51 0.00 Erhart, Vincent L. & Lela L1-39 w/88 w/88 0,00 w/38 Erhart, Viocent L. & Lela L38 48,382.75 317.08 0.O0 317.03 Timmerman, David J. 565.76 Klm M. Murdock L2-2-51 60,799.36 565.76 0,O0 Brauhn, Luella Li-9-51 71,932.69 565.76 0.0O 565.76 Carter, Wendell W. & RiRe L1-51 61,506.08 565.76 0.00 565.76 Tbnmermau, David J. w/2-2-51 Kbn M. Murdock L2-2-52 w/0-2-51 w/2-2-51 0.00 U~iverdty of 8,30 Dubuque L1 42,325.01 0.38 0.00 Uldversity of 21.11 Dubuque L2 46,728.29 21.11 OEO ~ $14,351.68 $0.00 514,351.68 FINAL ESTIMATE QuontEy Unit Item Unit Cost Total Cost 4.95 8,063.55 1629.00 C.Y. Excavation 160.60 320.00 2.00 No. of Removed of Intake 59.70 L.F. Curb & Gutter -- Rem. & Reph 12.60 752.22 1.83 3,556.64 I943.52 S.F. 4~' Sidewalk -- Rem. & Repl. 18.07 2,870.76 157.13 S.Y. 6" Driveway -- Ren,.& Reph 26.75 392.16 14.66 Ton A.C.C. Binder Pa~ch 100.00 1,058.00 10.58 Ton A.C.C. Hand Pa~ching 26.75 17,195.70 642.83 Ton A.C.C. Binder Co~wse 26.75 6,506.13 243.20 Ton A.C.C. Stwface Course 0.87 418.47 481.00 G~. Priam or Tack Coat 4.80 7,462.61 1554.71 L.F. Graded S~one Ease 7.60 9,869.36 1998,60 L.F. P,C.C. Curb & Gutter 205.00 1,125.00 5.00 No. of Mmdwle -- R~se or Lower 4.00 NO. of Manhole -- Frame & Cover 150,00 600.90 0.60 190.26 327.10 L.F. SawcnS, Aspholt 2.25 103.50 46.00 L,F. Saweut, Concrete 710.00 710.00 1.00 No. of Intake, Single iOI-B Regular Session, February 6, 1989 51 125,059,15 850.18 wl273 w/273 8,269,95 112.23 48,266.40 78.41 38,001.06 6,48 13,190.88 463.58 5,047.20 235.76 35,046.72 60.52 0.00 850.18 0.00 w/273 0.60 112.23 0.00 78.41 0.00 6.48 0.00 463.58 0.00 235.70 0.00 60.52 0.00 38.15 0.00 3[.83 0.60 962.4[ 22,672.40 38,I5 26,806.21 31.83 036,609.09 963.41 w/543 w/343 27,241,01 84.88 805,043.44 1.047,29 w/384 w1384 w1304 w1384 251,005.47 484.05 w/276 w/276 w/276 w/276 w/276 w/276 55,391.33 613.25 67,859.15 850.18 46,922.88 42.08 23,159.55 31.83 92,451.41 699.28 20,389.17 327.44 w/345 w1345 7,369.55 20,58 55,550.11 1,047.29 0.00 1,047.29 w/883 w/383 0,00 w/383 w/386 wl383 0.00 w/383 $8,037.64 $0.00 $8,037.64 52 Regular Session, February 6, 1989 FINAl, ESTIMATE Item Unit Cos£ Total Cost Excavation 4.95 54,45 38,169,33 16.50 0.00 16.50 w/22 w/22 0,00 w/22 43,469.92 2.72 0.00 2.72 119,577.17 339,94 0,00 339.94 37,794.24 38.84 0.00 38.84 46,780.45 15,92 0.00 15.92 35,793.52 8.57 0.00 8.57 3L447.36 4.26 0.00 4.26 HUMBOLDT ADDITION 10,464.51 106.19 0.00 106,19 14,096,99 137.87 0.00 137.87 18,255.73 163.90 0.00 163.90 19,720,91 178.34 0.00 178.34 76,613.73 186.15 0.0O 186,15 52,564.77 81.29 0.00 81.29 10,498.69 79.51 0.00 79.51 53,331.76 154.41 0.00 154.41 w/il will 0,O0 w/Il i0,549.89 74.71 0.00 74.71 Re ular Session, Februar 6, 1989 HUMBOLDT ADDITION 53 54,289.31 72.99 0.09 72.99 9,956.59 71.21 0.0O 71.21 73,950.16 114.81 0~00 114.81 FAIRMOUND PARK ADDITION KEtIL PLACE 51,000.59 0.00 131,19 O,OO 19.87 0,00w/5I IUMBOLDT ADD M.I* 363 108.22 0.00 108.22 Schick, Marvin S. & Beverly L8 0.00 409.35 0.00 53,13 HElM SUBDIVISION Perfection Oil Company L2~2-2-1-1-1 w/2-2-1-2ML363 w12-2-1-2ML363 0.00 w/2-2-1-2ML363 L2-1-1-1 72,408.53 71.20 0.00 71.20 OILLESPIE SUBDIVISION Jahn, Terrance O. L2-2-1-1 87,233.95 285.23 0.00 285.23 54 Regular Session, February 6, 1989 Florence B. L1-2 Daack, Bill D. & Florence B. L2-2 Rita A. 1.2 w/2-2-1-2-1-14 w12-2.1-2-1-1-1 First National Bm~k IA-l-l-1 16,333.01 120.88 SUNRISE HEIGHTS SUBDIVISION BLOCK 13 Wickmau, Leonard C. 1.1 159,644.75 457.78 0.0O Audry Rose L2 186,301.09 45.91 0.00 Wickmml, Leonerd C. & Audry L1.2 179,501.68 18.13 0.00 Lumley, Roy W. & Lcatise B. L2-A 117,097.65 18.62 0.00 Longkamp, Merlin J. & Darl?e H, L3.A 197,805.31 83.49 6.00 0.00 138.76 0.00 121.85 0.00 122.06 0.00 233.27 0.00 72.19 O.00 186.54 0.00 165.76 0.00 277.96 0.05 377,87 0.00 1,257.81 0.00 w/WSO~ +1- 1-6 0.00 218.75 0.00 260.71 0.00 222.19 0.0O 192.83 0,00 254.88 0.00 120.88 457.78 45.91 18.13 18.62 83.49 Regular Session, February 6, 1989 55 Langkamp, Merlin J. & Darlene H. L4-A 371,333.12 734.42 0,00 734.48 Kutsch, Harold W. & N. 476.5~- 104,487.52 460.82 0.00 460.82 City of Dubuque Pt. 1-1-2 Schaul, Lawrence J, & Helen M. L2-1-1-1 Schaul. Lawrence J. & Helen M, L2 M.L. 382 59,642.85 191.57 0.00 191,57 FBED EHBLICH'S PLACE 88,237.92 182.72 0.00 182.72 · 83,158.29 184.36 0.00 184.36 24,318.11 184.29 0.00 184.29 66,899.60 145.85 0.00 145.85 M,L. 359 91,332.93 394.85 0.00 394.85 M,L. 385 w/2-1-ML 359 W/2-1-ML 859 0,00 w/2-1-ML 359 M,L. 388 M.L.388 2,347.41 20.28 0.00 20.28 Krogm~m, Richard L. & Debra L2-1-2 M.L. 385 580.26 0.00 580.26 Regular Session, February 6, 1989 Regular Session, February 6, 1989 D~buque Bank & Tcusl, 1 26,691.17 180.19 0.00 180.19 Hefel, Larry E. & Katl,y A. 2 87,378,83 32.56 0.60 32.56 Kachevas, Peter J. & Anne S, 3 86,581.04 12.64 0,0o 12.64 & Mary J, 4 91,818.69 7.51 0.00 7.5! Dubuque Bm~k & Trust 8 10,178,75 4,53 0.00 4.53 Dubuque Bmlk & Trust 9 10,993,71 I3.64 0.00 13.64 Bcelk, Kenneth E. & Viola E. 10 94,401.04 34.89 0.00 34.89 Dubuque Bank & Trus~ 11 27,859.01 187.18 0.00 187.13 Ftnzel, Cleans A. & 2-2-1-1-1ML390; 115,892.35 602.63 0.O0 602.63 Dorothy T. 2-1ML366 2ML380 HIGHLAND FARM 58 Regular Session, February 6, 1989 North, Velma A. & Malers, LaVerne E, 2-1-1-1-2-1-1 Pemsl, David D. & Linda J. 10 w/5 371.00 202.14 1.74 20.30 926.98 389.24 1,024.37 167.45 278.87 310.41 326.76 169.77 159.58 178.64 292.85 215.32 229.35 183.04 183.04 196.76 Regular Session, February 6, 1989 59 FINAL ESTIMATE Item Excavation Curb & Gutter -- Rem. & R~pl. 4" Sidewalk -- Rem. & Repl. Qu~ntlty Unit 4446,00 C.Y. 618.30 L.F. 19.44 S.F. 75.70 S.Y. 1673.47 Ton 21.60 Ton 1506.81 Ton 731.52 Ton 6011.65 'Pon 5980.00 Go]. 25983.40 S.Y. 2301.59 Toll 487.00 L.F. 49.60 No. of 395.00 L.F. 19.30 L,F. 83.60 L.F. 7.50 L,F. 2.00 NO. of 2.00 No. of 41.27 Ton 258.81 Ton 1387.15 Ton 6607.60 S.Y. 172.10 S.Y. 966.00 S.Y. 1090.00 S.¥. 160.00 C.Y. 1.00 L,S. 81.00 L,F. 155.10 L.F. 3.00 No. of 9*90 L.F. 8.00 No. of 106.38 Ton 1.00 No. of 2.00 No. of EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WOPJ~ EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK 22,002.75 7,790.58 35.57 44,765.32 3.150.00 40,293.79 19.568.16 80,561.64 5.202.60 18,672.05 11,025.00 237,00 43.46 198.75 1,420.00 1.830.00 412.70 1,294.05 8,622.90 9,250.64 482.50 545.00 800.00 1,500.00 1,741.50 3,644.05 460.00 693.00 540.00 1,550.70 76.~o 16.70 22.50 588.90 1,546.60 808,67 38.50 768.00 77.00 138.00 108.90 55.00 321.27 867.25 313.50 279.00 350.90 60.75 2,470.55 $314,656.74 274,921.48 $39~735.26 6,186.01 $47,921.27 60 Regular Session RESOLUTION NO. 40-89 ACCEPTING IMPROVEMENT WHEREAS, the contracl for the 1987 P.C. Concrete Paving Project has been completed and the City Manager has ex* amined 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 RE- SOLVED by the City Council of the City of Dubuque. Iowa, that the recommen- datinn of the City Manager be approved and that said improvement be and the sume is hereby accepted. BE IT FURTHER RESOLYED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund and Sales Tax Fund in mnount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of February, 1989. 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, Kluesner, Pratt. Voetberg. Nays--None. Absent--Council Members Heekmann, Simon. RESOLUTION NO. 41-89 FINAL ESTIMATE WHEREAS, the contract for the 1987 P.C. Concrete Paving Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, mis- cellaneous costs, and preparing the assessment and plat. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section L That ~he cost of said im- provement is hereby determined to be $994,808.15. February 6, 1989 Section 2. That 5134,171.99 of the 'cost thereof shall be assessable upon private )roperty and $860,636.16 shall be paid from the Street Construction Fund and Sales Tax Fund. Passed. approved and adopted this 6th day of February, 1989. 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 tbe fulloiwng vote: Yeas--Mayar Brady, Council Members Deich, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 42-89 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 1987 P.C. CONCRETE PAVING PROJECT, INCLUDING CERTAIN INFORMATION RE- QUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DI- VIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUB- LISH NOTICE THEREOF. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUEi IOWA: That after full consideration of the final schedule of assessments and a~compauy- lng plat showing the assessments pro- posed to be made for the construction of the 1987 P.C. Concrete Paving Project under contract with Tschiggffie Ex- cavating of Dubuque, which final plat and schedule were filed in the office of the City Clerk on the 11th day of January, 1989, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the ~espective sums indicated. Provided, further, that the Regular Sessior amounts shown in said final schedule of as deficiencies are found to be proper and are levied conditionally . ted by ~be llnprovemente as shown in schedule, subject ~o the provisions of Sec- tion 384.63, Code of Iowa. Said assess- ments against said lots are hereby de- Clared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same Assessments of $50.00 or more are payable in 10 equal annual installments with interest on the unpaid balance, all Iowa. Conditional deficiency assess- ~nents, if any, may be levied against the applicable property for the san~e period of years as the assessments are made payable. Assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of tbe first publlca- tion of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless sold assess- ments are paid in full within said thirty day period ail unpaid assessments will per- on the date of accep- tance of the work) computed to the December let next following the due dates of the respective installments. Each installment will be delinquent on Sep- tember 30th following its due date on , February6, 1989 61 July let in each year. Property owners may elect to pay any annual installment semiannually in advance. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cer- tification once each week for two con- secutlve weeks in the manRer provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed, approved and adopted this 6th day of February, 1989. 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, Kluesner, Pratt. Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. CITY OF DUBUQUE, IOWA SCHEDULE OF FINAL ASSESSMENTS CITY OF DUBUQUE 1987 P.C. CONCRETE PAVING PROJECT LORAS BLVD. AS SHOWN ON ATTACHED SHEETS NO. 1 TO NO. 8 INCLUSIVE Loras Boulevard From University Avenue to Walnut Street WESTMINISTER PRESBYTERIAN CHURCH PLACE 3,556.30 ALLEN PL~,CE L245.05 121.96 Net 3,556.30 70.26 1,367.01 Regular Session, February 6, 1989 M.L, 172 Tiggos, Alien T. & Laura J. 1-1-5-13 507.49 ' , 952.24 1.459.73 MINERAL LOT 172 & LOT ~37 -- WOODLAND PARK Chapman, Mark A. & K atigan, Violet 151 Karigan, Violet 152 Martin S. et ~l Life Estate 87,10 87.10 962.44 865.67 1.828. I1 962.44 121.96 1,084.40 87.10 87.10 87.10 87.10 962.44 962.44 Regular Session, February 6, 1989 TSCHIRGI & SCHWINDS SUBDIVISION Meyer, Joseph F, & John C. 20 436.18 Meyor, Frmrk H. 21 479.77 317.41 Meyer, Arthur J. & Ann~be0e 2-25 & 26 15.98 L~d~islass, Carol Ann & EARL PLACE 77.57 PINEHURST SUBDIVISION Moldcnhauer, Dr. Wayne A. Kerln Kae 12 30.80 Davis, John D. & M~icu M. lIickey 13 88.98 336.75 63 436.18 797.18 127.72 481.22 798,63 77.57 30.80 38.98 67.37 144.37 2,428.57 6,722.56 Regular Session, February 6, 1989 TSCHIRGI & SCHWINDS SUBDIVISION 962,44 w/49 697,77 264,67 87.1(I 4Hi.22 Regular Session, February 6, 1989 MAPLE HEIGHTS ADDITION 932.91 65 8.66 58,52 89,60 207.89 wiN30%6 454.75 1,046.65 46.20 58.52 101.06 125.12 L486.31 500.47 481.22 218.38 541.66 541.66 I54.95 w]S7~S50'.6 w/S7'S50%6 187.68 344,07 907.10 34.65 9.34 Regular Session, February 6, 1989 4-23 47,26 952.24 47,26 w/4-23 w/4-23 46.80 12.99 469,48 237.13 109.04 60.25 TRENKS BOOTH ST. PLACE 1-1 61.79 LAW'S ADDITION 274.13 288~56 351.t7 802.99 Calhoun, Beverly Cont. Felderman, Patriala A. 1-1 582.85 McDermott, Francis B. & Mo~cella ~K. 2.1 103.65 Risley, Jmes A. & Kay 2 w137.5 '-17 Risley, James A. & Kay S. 37.5'-17 71.70 LEVIN'SADDITION 61.79 582.85 103.65 71.70 119.15 332.71 1.529.60 824.67 863.90 921.89 1,530.37 1,205.10 1.289.61 4,278.69 w/24 w/24 107.81 613.53 609. I4 1.316.48 1,236.06 1.470,34 Regular Session, February 6, 1989 Bottoraley, Jmnes W. & Janice E. W. 95%2-2-1-16 651.57 Bottomley, James W. & Jonice E. 2 wIW95' -2-2-1-16 HOME ADDITION 279.03 930.60. 834.22 499.32 165.92 35.03 466.71 728.28 27L02 22.33 67,87 Boyes, Normm~ D, & Janet T. 7 1,116.71 1,116.71 Latimer, Willimn E, & Mary II. 6 24.06 24.06 SUB. LOT 3 -- MIN. LOT 90 & PT. MIN. LOT 87 McGee, David M. & Alice M. 1 858.36 McGee, David M. & Alice M. 1-2 802,20 Seamer, Stephen O. & Ann C. 2-2 195.95 Seamer, Stephen G. & Ann C, 3 w/2-2 Taylor, Jack L. & Morilyn J. 4 w/9-1~6 EEJONES Connolly, Ann C. 5 894.01 858.30 302,20 195.95 w/2-1-6 EEJONES 894.01 863.80 w[S36'-6 77.09 370.22 1,290.12 68 Regular Session, February 6, 1989 Bechen, Donald M. & L~iau R, 1 59.57 59.57 Gavin, Dohnox A. & Anne Kemp, Robert A. & Lane, Chaqes J. & 475.15 1,064.36 854.74 475.15 712.78 317.41 792.56 620.40 1,684.76 121.96 976.70 475.15 712.78 Regular Session, February 6, 1989 46.39 33.11 336.28 20.00 259.47 $121,362.78 FINAL ESTIMATE Quantity Unlt Item 23,023.63 S.Y. P.C. Concrete Pavement Class C., 8" tSick 46.39 336.28 wi2 20.69 259.47 $20,000.56 $141,363.34 UnltCost Total Cost 16.2t 373,213.04 7.25 14],352.16 5.15 60,821.50 2.74 16,864.70 1.05 8,695.85 6.10 9,662.40 55.00 2.05 25,924.38 27.00 12,300.12 865.0~ 15,275.90 1,225.00 1,475.00 5,619.75 1.700.00 6.25 14,437.81 115.00 7,130.00 915.00 645.00 4.50 13,959.00 23.66 15,899.28 34,500.00 24,500.00 1.50 1,290.90 1.75 131.25 65.00 11,889.15 365.00 730.00 475.00 950.00 125.00 250.00 330.00 330.00 4.48 129.92 1.75 50.75 110.00 II&0D 75.00 75.00 125.00 125~00 200.00 400.00 250,00 250.00 325.00 32&00 20.75 2.421.53 2.00 1,720.60 22.45 1,261.69 25.25 6,080.20 27.90 4,109.67 35.75 1,876.88 763.54 1,134.60 744.78 2,950.40 500.00 44.00 1,210.96 645.68 1,200.90 411.09 592.50 261.62 Regular Session, February 6, 1989 EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK EXTRA WORK 165.30 Communication of City Manager re- questing adoption of and execution of Community Deveinpment Block Grant Agreement in the mnount of $945,000 for Calendar Year 1989, presented and read. Council Member Khiesner moved that the communication be received and flied. Seconded by Counnil Member Pratt. Car- cied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- net, Pratt, Voetherg. Nays--None. Abeent--Council Members Heckmann, Simon. RESOLUTION NO. 43-89 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMU- NITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1989. WHEREAS, under provisions of Title I of Housing and Community Develop- ment Act of 1974, as amended, the City of Dubuque prepared and submitted a Statement of Intent on December 1, 1988 for a Community Development Block Grant; and WHEREAS, the submission has been approved by the Department of Housing and Urban Development in the amount of $945,000 for a twelvemonth program commencing January 1, 1989; and WHEREAS, a Grant Agreement covering the activities proposed to be car- ried out with Community Development Block Grant funds has been tendered the City of Dubuque. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement, authorized by the U.S. Department of Housing and Urban Develop~nent on January 18, 1989, for a Community Development Block Grant to the City of Dubuque is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a Corcannni- ty Development Block Grant Agreement identified as Grant Agreement B-89- MC-19-0004 for submission to the U.S. Department of Housing and Urban Devciopment. Passed, approved and adopted tins 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A Davis City Clerk Council Member I4Auesner moved adop- tion of the Rseolu~on. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Cotmcfl Members Deich, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Members Heckmann, Simon. Communlca~ion of Attorney John O'Connor requesting the easement agree- ment with the estate of Delos L. VlcDonald be tabled indefinitely, presented and read. Council Member Kluesner moved that the communication be received and filed and approved the tabling of the matter. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Sinaon. Communication of City Manager re- questing approval of an Annual Con- ributions Contract with HUD for an ~dditinnal Moderate Rehab Program funding award in the amount of 5322,920, presented and read. Reg_ular Session, Council Member Khiesner moved that the communication be received and filed and approved. Seconded by Council Member Pratt. Carried by the following ~,ot~ Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Pratt, Vectbecg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 44-89 A RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CON- TRIBUTIONS CONTRACT AND GENERAL DEPOSITARY AGREE- MENT FOR SECTION 8 MODERATE REHABILITATION PROGRAM NO. IA05-K0874}05 WHEREAS, the City Council authorized an application to the U.S. Department of Housing and Urban Development (HUD), in May 1988, for funding for additional Moderate Reha- bilitation Program units; and WHEREAS, the Department has ep- proved the application, in the amount of $322,920 Annual Contributions Authori- ty and $4,843,800 Budget authority; and WHEREAS, the Department requires execution of an Annual Contributions Contract and a General Depositary Agreement with respect to this funding 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 Development, for Project No. IA05- K087-005, under Master Annual Con- tributions Contract No. KC-9004E, on behalf of the City of Dubuque. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a General Depositary Agreement, with American Trust and Savings Bank, for Project No. IA05-K087-005. Section 3. This resolution shall take effect immediately. Passed, approved and adopted this 6th day of February, 1989. February 6, 1989 71 James E. Brady Mayor ATTEST: Mary A Davis City Clerk Conndl Member Kluesner ~noved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Communication of Operation: New View requesting notification of three representatives and their alternates for 1989 to serve on the board for a one year term, 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, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Council Member Pratt moved that it be resolved that Council Members Deich and Voetberg and City Manager Gear- hart be appointed to the Operation: New View Board and that Council Member Simon be named as an Alternate. Second- ed by Council Member Vcotberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khies- ner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Council Member Pratt moved that ap- peintments to the Human Rights Com- mission, Transit Board and the Plumb- ing Board be deferred until the next (2-20-89) Council Meeting. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Council Member Deich moved to ap- prove the refund request of Restaurant Management Co. (Long John Silver's) of $300 for unused Class "B" Beer Permit. Seconded by Council Member Kluesnec. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Members Heckmann, Simon. 72 Regular Session RESOLUTION NO. 45-89 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 Ordinm~ces 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 Gniinvaux Inc. Pizza Hut 2075 JFK Rd, (Also Sunday Sales) CLASS "C" BEER PERMIT Mary Ann Whelan Grandview Milk House 620 S. Grandview (Also Sunday Sales) Iowa Oil Company IOCO Speede Shoppe 1481 Dodge (Also Sunday Sales) Lee W. Potter, Sr. West Locust Mart 408 W. Locust (Also Sunday Sales) Passed, approved and adopted this 6th day of Febrnary, 1989. James E. Brady Mayor ATTEST: Mary A Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, P~att, Veetberg. Nays--None. Absent--Cenncil Members Heckmam~, Simon. RESOLUTION NO. 46-89 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 suck applicants were inspected and found to comply with the State Law February 6_ 198.___~9 _~ 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 nan~ed applicant(s) a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE nns of Iowa, Ltd. Dubuque Inn 3434 Dodge (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Cue Master Ltd. Cue Masters Billiards 900 Central (Also Sunday Sales) Patricia Lombardi Schuster Ms. Pat's 1630 East 16th (Also Sunday Sales) lames W. Goetzinger Goetz's 2776 Jackson (Also Sunday Sales) CLASS "E" LIQUOR LICENSE Hy-Vee Food Stores, Inc. Hy-Vee Food Store 3500 Dodge Nash-Finck Company Econofoeds #471 3355 JFK Circle Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A Davis City Clerk Council Member Deich moved adop- tion of the Resalution. Seconded by ]enncfl Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deick, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Council Member Kinesner moved to receive and file the FY 1990 Budget and Supporting Documents presented by City Manager W. Kenneth Gearhart. Seconded by Com~cil Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- net, Pratt, Voetberg. Nays--None. Abeent--Council Members Heckmann, Simon. Regular Sessior, February 6, 1989 73 MINUTES SUBMITTED: Airport Comm. of 1-10 & 1-25; Cable Cenmauni- ty Tcieprogramming of 1-10; Cable TV Regulatory Comm. of 12-14 & 1-18; Elec- trical Examining Bd. of 1-10; Five Flags Conun. of 1-16; Park & Recreation Comm. of 1-10; Planning and Zoning Comm. of 1-18; Plumbing Bd. of 1-16; Transit Trustee Bd. of 1-12; Transit Bd. submitting Earnings Statement and Statistics for 2nd quarter of FY '89; Housing Code Appeals Bd. of 1-18, presented and read. Council Member Voetberg moved that the minutes be received and filed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Pratt, Vaetberg. Nays--None. Absent--Council Members Heckmmm, Simon. NOTICES OF CLAIMS/SUITS: A & G Electric Company in amt. of $23,332.49 for destruction of tools, alec- ~rical materials and equipment burned in the Menard building fire; Deborah Glab in amt. of $66.80 for car damages; Lloyd Gudenkauf in amt. of $547.57 for vehi- cle damages; Willinm Hallahan in amt. of $33 for backed-up sewer damages, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kines- net, Pratt, Voetbarg. Nays--None. Absent--Council Members Heckmarm, Simon. Iowa DOT advising of Dismissal of Condemnation of certain properties owned by Linehan and Mnio for Primary Road U.S. #61 and Dodge House Cor- poration; Notice of Amendment to con- tinue hearing on parcel owned by Do, Inc., presented and read. Council Member Voetherg moved that the notices be received and filed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Ventberg. Nays--None. Absent--Cenncil Members Heckmann, Simon. Communication of Ralph Seharnau submiteing comments regarding the add- ing of the words "Sexual Orientation" to the City's Human Rights Ordinance, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Cao Fled by the foilowlng vote: Yeas--Mayor Brady, Council Members Deich, Klues- ner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Communication of Wm. Barrels objec- ting to taking of land owned by McFad- den's, presented and read, Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the ~oilowing vote: Yeas--Mayor Brady, Council Members Deich, Klues- her, Pratt, Voetherg. Nays--None, Absent--Cennall Members Heckmann, Simon. Communication of City Manager sub- mittlng Financial Reports for the month of December, 1988, presented and read. Council Member Voetberg moved that the communication be received and fried. Seconded by Council Member Pratt. Car- Fled by the fofiowlng vote: Yeas--Mayor Brady, Council Members Deich, Kines- ner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Dubuque-Delaware Substance Abuse Services Center submitting 'their 2nd Quarter Fiscal Year 1989 report on ser- vices to adalescents/high risk youth, presented and read. Council Member Voetberg moved that the report be received and filed. Secon~d- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Members Heckmann, Simon. City Manager submitting quarterly in- vestment report for period of 9-I-88 through 12-31-88, presented and read. Council Member Voetberg moved that the report be received and filed. Second- ed by Council Member Pratt. Carried by the fofiowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays~-None. Absent--Council Members Heckmarm, Simon. Prcof of publication, certified to by the 74 Regular Session February 6, 1989 Publisher, on Notice of intent to file a release of CD Funds to Preciaion Tool and Engineering, Inc., presented and read. Council Member Voctherg moved that the proof of publication be received and fried, Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Operation: New View requesting fund- ing assistance in the mnount of $10,000, presented and read. Council Member Voctberg moved that the request be referred to the Budget pro- cess. Seconded by Council Member Pratt. Carried by the fuliowing vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Members Heckmann Simon. Planning and Zoning Commission ap- proving the plat of Blocks 9, 10 and 12 in Cedar Lake Addn,, presented and read. Council Member Voctberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Daich, Klues- net, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmaur Simon.. RESOLUTION NO. 47-89 A RESOLUTION APPROVING THE FINAL pLAT OF BLOCKS 9, 10 and 12 IN CEDAR LAKE ADDITION IN THE CITY OF DUBUQUE, IOWA, WHEREAS, there has been filed with the City Clerk, a final plat of Bloaks 1-12 Cedm' Lake Addition, in the City of Dubuque, Iowa; and WHEREAS, Resolution No. 66-77 ap- proved the plat of Blocks 1-7, 8 and 11 in Cedar Lake Addition, in the County of Dubuque, Iowa; and WHEREAS, there appears to be no resolution approving Blocks 9, 10 and 12 as contained in the final plat of Blocks 1-12 Lq Cedar Lake Addition at that time and WHEREAS, said final plat of Blocks 1-12 of Cedar Lake Addition was ap- proved by the City of Dubuque Planning and Zoning Commission on December 15, 1976; and WHEREAS, the City Council of Du- buque, Iowa has approved the plat of Bl~cks 1-7, 8 and 11 in Cedar Lake Addition by Resolution No. 66-77 on February 25, 1977. NOW, THEREFORE, BE IT RE- ;OLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of Blocks 9, 10 and 12 in Cedar Lake Addition in the City of Dubuque. Iowa be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Section 2. That this resointion shall be recorded and berainaRer be an addendum to Instrument No. 2442-77 in the Office of the County Recorder, Dubuque Coun- ty, Iowa. Section 3. That the plat of Blocks 9, 10 and 12 in Cedar Lake Addition were reviewed and approved by the Planning and Zoning Commission in their approval of the final plat of Blocks 1-12, Cedar Lake Addition December 16, 1976. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: ' 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, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Communication of Planning and Zon- ing Conxmlssion approving final plat of Block 2 in "Tschiggftie Commerical" in the City of Dubuque, presented and read. Council Memher 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, Klues- net, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon· Regular Session RESOLUTION NO. 48-89 RESOLUTION APPROVING THE FINAL PLAT OF BLOCK 2 OF TSCHIGGFRIE COMMERCIAL IN THE CITY OF DUBUQUE, IOWA, WHEREAS, there has been filed with the City Clerk a final plat of Block 2 of "Tsebiggftie Cormneseial" in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear a street to be known as Menaed Court, together with certain public utili- ty easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Menard Court, together with the ease- ments for public utilities as the same ap- pear upon said final plat, be and the same are hereby accepted; Section 2. That the final plat of Block 2 of "q~higgftie Commercial" 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, provided tbs owners of said proper- ty herein named, execute their written ac- ceptance hereto attached agreeing:. a. To reduce all streets to grade and to construct concrete curb and gutter, sidewalks, and to hard surface Menard Court with bitominous concrete, or with concrete paving with integral curb, all Lq accordance with City of Dubuque stan- dard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the final plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To LqstoR storm sewers and catch- February 6, 1989 75 basins in accordance with plans submit- ted with the plat; · e. To install boulevard street lighting in accordance with City specifications within 30 days after the comp]etlon of the adjacent curb and gutter. f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manoger, under the inspection of the City Engineer, and in a mmmer approved by the City Manager; g. To construct said improvements, except sidewalks, prior to one year from the date of acceptance of this Resolution. h. To maintain the foregoing im- )rovemants for a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing construc- tion and maintenance at the sole expense of the subdivider Tsehiggfrle Excavating Company, or successors; And further provided that Tschiggfrie Excavating Company, secure the perfor- manse of the foregoing conditions by prc- vlding security in such form and with such sureties as may he acceptable to the City Manager. Section 3. That Lq the event Tschiggfrie Excavating Company shall fail to execute the acceptance and furnish the security provided in Section 2 hereof wiCbin forty- five (45) days after the date of the Resolu- tion, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 48-89 We, the undersigned Ed Tschiggfrie, President of Tschiggfrle Excavating, having read the terms and conditions of the Resolution No. 48-89 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. 76 Regular Session February 6, 1989 Dated at Dubuque, Iowa this 7th day of March, 1989. By s/Ed Tschiggk~e, President Tschigg~rie Excavating Council Member Voetberg moved adoption of the Rasohition. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. Communication of City Manager re- conunend~g acceptance of the project for the Rehabilitation of Walls/Roof at the Keyline Transit Facility, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ded by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khies- ncr, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 49-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Ral~abilitation -- Wails/Roof o£ Keyline Transit Facility has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the ten~s of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by tbe City Council of the City of Dubuque. Iowa, that the recommen- dation of the City Manager be approved and that said linprovement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Capitai Improvement Pragram and Ur- ban Mass Transportation Funds in amount equal to the amount of his con- tract, less any retained percentage pro- vlded for therein. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: Mary A Davis City Clerk. Conncil Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Members Heckmarm, Simon. RESOLUTION NO. 50-89 FINAL ESTIMATE WHEREAS, the contract for the Rehabilitation -- Walls/Roof of Keyline Transit Facility has been completed and the City Engineer has submitted his finai estimate showing tbe cost thereof in- cluding the cost of estimates, nonces 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 $611,421.00 and that said amount shall be paid from the Capital Improvement Pragram and Urban Mass Transporta- tion Funds of tbe City of Dubuque, Iowa. Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: 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, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Members Heckmann, Simon. Communication of City Manager recommending acceptance of Restrooms -- First Floor City Hall, presented and read. Council Member Voetherg moved that the canunmdeatlon be received and filed. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Regular Sessior RESOLUTION NO. 51-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the New Rest~oms -- First Floor of City Hail has been Completed and the City M0nager has examined the work and fried his cer- tificate 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 RE- 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 City Treasurer be and he is hereby directed to pay to the contractor from the Capitai Improvement Program in amount equal to the amount of his con- tract, less any retained percentage pro. Vided for therein. Passed, approved and adopted this 6th day of February, 1989. James-E. Brady Mayor ATTEST: Mary A Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried bsf the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. RESOLUTION NO. 52-89 FINAL ESTIMATE WHEREAS, the contract for the New Rastreoms -- First Floor of City HoE has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all 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 $65,046.00 and that said amount shsil be paid from the Capitai Improvement fro- gram of the City of Dubuque, Iowm February 6, 1989 77 Passed, approved and adopted this 6th day of February, 1989. James E. Brady Mayor ATTEST: 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 Dsich, Kluesner, Pratt, Vastberg. Nays--None. Absent--Council Members Heckmarm, Simon. Communication of Corporation Counsel recommending denial]closure of the following claims: Vehicle damage of Anthony J. Mills; Personai injury of Eugene Purnhage; Vehicle damage of John Corbett; Tire damage of Halen Brown, presented and read. Council Member Voetherg moved that the communication be received and filed and approved recommendations. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Pratt, Veetberg. Nays--None. Absent--Council Members Heckmatm, Simon. Communication of Corporation Coun- sol recommending settlement oI car damage claim of Wm. Miller in the amount of $80.63, presented and read. Cotmall Member Vcetberg moved that the commudication be received and filed and approved settlement with Finance Director to issue the check. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Cotmcfl Members Dcich, Kluesner, Prat~, Voetberg. Nays--None. Absent--Council Members Heckmann, Simon. 11:03 p.m. -- Council Member Khies- net moved to go into CLOSED SES- SION in accordance with Chapter 21.5(1)(c) to discuss strategy with Coun- sel in matters where litigation is immi- nent. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Pratt, Voetberg. Nays--None. Absant--Councli Members Heckmann, Simon. 11:19 p.m. -- Council reconvened and Corporation Counsel was given direction regarding lltigation. 78 Regular Sessior February 6, 1989 There being no further business, Coun- cil Member Voetberg moved to adjourn the meeting at 11:19 p.m. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Counc'd Members Deich, Khiesnsr, Pratt, Vcetberg. Nays--None. Absent--Council Members Heckmann, Simon. Mary A. Davis City Cierk Approved 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk Regular Session, CITY COUNCIL OFFICIAL Regular Session, February 20, 1989 Council met at 7:30 p.m., at the Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg, City Manager W. Kenneth Gearhart, CurparaUmn Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Franklin Klohn, Rector of St. John's Episcopal Church. PROCLAMATION(S): March 5-11th as "National Wa-Tan-Ye Club Week" received by Mary Biggins. Council Member Deich spoke and presented a check of 518,132 from the Dubuque Metropolitan Solid Waste Agency to the City. Proof of publication, certified to by tho Publisher. on Notice of Public Hearing to consider disposing of City's interest, in granting of temporary easement and in consenting to access control on,City- owned property to the Iowa Dept. o£ Transportation, presented and road. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Vnstberg. Nays--None. Council Member Kluesnsr moved that it be resolved to suspend the rules to allow anyone present to address the Council. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmanu, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 53~9 February, 20, 1989 79 WHEREAS, pursuant to resolution and published notice of time and place of. hearing, published in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on the 10th day of February, 1989, the City Council of the City of Dubuque, Iowa met on the 20th day of February, 1989, at 7:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the granting of temporary easements, and in consenting to access control on City owned property to the Iowa Department of Transportation; and WHEREAS, the Iowa Department of Transportation and the City of Dubuque, Iowa, entered into an ogreement for the Freeway 561/Relocated 6! project, agree- ment identified as IDOT #73-P-024 and executed by the City of Dubuque and the Iowa Department of Transportation on March 6, 1973 and April 4, 1973 respec- tively; and WHEREAS, provisions of this agree- ment are that the City shall be raspensi- hie for providing without cost to the State all right-of-way which involves a) dedicated streets or alleys; bi other City owned properties subject to the condi- tions the State shall reimburse the City for the value of the improvements situated on such City owned property; and WHEREAS, the Iowa Department oI Transportation has the need for acquisi- tian of the following described property for the Relcoated 61 project "Parts of Blcok 1 of Dubuque Packing Addition, Lot 2 of Lot 506, Lot 1 of Lot 507, and Lot 508" all in the City of Dubuque and as described on the plat attached to a Parcel Acquisition Contract identified as Project No. F-61-8(22)--20-31 and con- sidered a part herein; and WHEREAS, the Iowa Department of Transportation also is requesting that the City danvey all its rights of direct ac- cess to Highway U.S. 61 from Sta. 252+62-+PL to Sta. 254+32-+PL as identified on project plans; and WHEREAS, the Iowa Department of Transportation is requesting the City to grant them a temporary easement on the City's property for the purpose of con- structing a bridge from Sta. 252 + 62 ± PL to Sta 254 + 32 ± PL, a strip 100 feet 80 Regular Session, wide, East side as measured from the eenterline of the proposed highway as shown on the project plans. Said tem- porary easement shall terminate upon completion of this highway project; and WHEREAS, the Iowa Department of Transportation is requesting a temporary easement for land associated with the constr~ction of the 3rd Street overpass City on property described as property C.L. 192, original Town of Dubuque and parts of Block E and Block D, Booth ed- ditlon, and vacated Market Street. Said temporary easement to be terminated upon completian of the Highway project; and WHEREAS, the Iowa Department of Transportation is requesting a temporary easement upon the property betwen 2nd and 3rd Street East of the Chicago Can- trel and Pacific Railroad tracks described as follows: From Sta. 8 + 29 · PL to Sra. 9 + 34, a strip 51 feet wide, North side, From Sta. 9+34 to Sta. 9 + 42 -+ PL, a strip 61 feet wide, North side, as measured from conterline of Third Street EQUATION: Stp. 1210+21.56 (Second Street Survey Traverse Line) = Sta. 10+21.56 (Second- Third Street Connector) EQUATION: Sra. 12 + 54.77 (Secopd-Thlrd Street Connector) = Sra. 15+94.30 (Exist. Third Street) From Sra. 1209+70 to Stp. 10+41, a strip 35-35 feet wide, N-W side, From Sta. 10 + 41 to Sta. 11 + 70, a strip 35 feet wide, West side, From Sta. 11 + 70 to Sra. 14 + 99, a strip 35-32-+ ° feet wide, W-S side, From Sra. 1209+70 to Sta. 1210+00, a strip 10 feet wide, South side, From Sta. 1210+00 to Sra. 11 + 18 + Lot Line, a strip 10-30 feet wide, S-E side From Sra. 11+18-Lot Line to Sra. 11 + 91 -+ PL, a stxip 60-27.5 feet wide, East side, as measured from Second Street survey traverse, Second-Third and Third Street, Respectively. Said Temporary Easements shall February 20, 1989 terminate upon completion of this highway project WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the pro- posal to dispose of its interest to the above described real estate and/or the granting of access control as described in the above identified real estate and/or the conveyance of a temporary easement on property on the above identified real estate to the Iowa Department of Transportation and on the premise that these temporary easements shall ter- minute on completion of the 61 project. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of an in- terest of the City of Dubuque, Dubuque County, Iowa in the above described real estate and/or the granting of access con- trul as described in the above identified real estate and/or the conveyance of a temporary easement on property on the above identified real estate on the premise that these temporary easements shall terminate on completion of the 61 project, to the Iowa Department of Transportation be and the same is hereby approved· Section 2. That the Mayor be author- ized and directed to execute said Tern- Easement Contract No. 273D and parcel Acquisition Contract No. 256B and said temporary easement shall ter- minute upon completion of this highway project. Section 3. That the City Clerk be anti is hereby authorized and directed to record a certified copy of this Resolution in the office of the City Assessor, Du- buque County Recorder and the Du- buque County Treasurer. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resohition. Seconded by Council Member Pratt. Carried by the following vote: yeas--Mayor Brady, Council Members Dsich, Heckmann, Regular Session, Kluesnar. Pratt, Simon, Voetberg. Nays--Nane. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposing of City-ow~ed pro- party, presented/md read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Heckmann moved that the proof be received and fried. Seconded by Council Member Pratt. Car~ ried by the following vote: Yeas--Mayor Brady, Council Members Delch, Hock- mann, Kluesner, Pratt, Simon, Voetberg. Nays--Nane. RESOLUTION NO. 54-89 A RESOLUTION APPROVING THE SALE OF THE FOLLOWING LEGALLY DESCRIBED PROPERTY: Easterly One-half (E V~) of Lot Five 15) of the Subdivision of the East part of Out Lot 655, in the City of Dubuque, Dubuque Coun- ty, Iowa, according to the record- ed plat thereof, and commonly known as 1025 Bluff Street, Du- buque, Iowa; and Lot One (1) and Lot Two (2) of Lot 801, McDanlel's Subdivision of town lots, in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, and commonly known as 623-627 lingten Street, Dubuque, Iowa. WHEREAS, pursuant to duly pub- lished public notice the City Council of Dubuque, Iowa, met on the 20th day of February, 1989, at 7:30 p.m. in the Carnegie Stout Public Library auditor- ium, llth and Bluff Streets, Dubuque, Iowa, to consider the proposal of dispos- ing of City-owned real estate located at 1025 Bluff Street and 623-627/M. lingten Street which properties are legally described as follows: Easterly One-half (E Va) of Lot Five (5) of the Subdivision of the East part of Out Lot 655, in the City of Dubuque, Dubuque Coun- ty, Iowa, according to the record- ed plat thereof; and Lot One (1) and Lot Two (2) of Lot 801, McDanlal's Subdivision of Townlots, in the City of Dubuque, February2~ 1989 81 Dubuque County, Iowa, accor- ding to the recorded pint thereof. WHEREAS, such properties are to be sold to Richard P. Butler and Sandra S. Butler for the consideration of $50,000 and rehabilitation of such property in ac- cordance with City standards; and WHEREAS, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above-named reel estate to the above-named grantee. NOW,. THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the disposal of the in- terest of the City of Dubuque in the herein above-described property to Iichard P. Butler and Sandru S. Butler is hereby approved. Section 2. That the Mayor be and he is hereby authorized and directed to ex- ecute a Quit Claim Deed, and that the City Clerk be and she is hereby directed and authorized to deliver Deed of Con- veyance, conveying the above described real estate to the above-named grantee upon receipt of the purchase price in full. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Pratt, Carried b~y the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Adjournment of Public Hearir~ to con- sider rezoning of properties at 3606 and 3606¥~ Crescent Ridge from R-1 to LI District. Attorney Joseph Bitter and Jerry Granm~el requested Council approve rezodirg. ORDINANCE NO. 2-89 AN ORDINANCE OF THE CITY OF 82 Regular Session, February 20, 1989 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 AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASS- IFYING HEREINAFTER DE- SCRIBED PROPERTY AT 3606-3606V2 CRESCENT RIDGE FROM R-l, SINGLE-FAMILY RESIDENTIAL DISTRICT TO L-l, LIGHT IN- DUSTRIAL DISTRICT, said Ordinance having been presented and read at the Council Meetings of 1-16-89 and 2-6-89, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 2-89 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 AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASS- IFYING HEREINAFTER DE- SCRIBED PROPERTY AT 3606-36061/2 CRESCENT RIDGE FROM R-l, SINGLE-FAMILY RESIDENTIAL DISTRICT TO L-l, LIGHT IN- DUSTRIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section L 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 and Zoning Map of the City of Dubuque, Iowa," to reclassify hereinafter described property frmn R-l, Single-Family Residential District to LI, Light In- dustrial District, to wit: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of part of Lot 1 of Mineral Lot 289; and Lot 2 of part of Lot 1 of Mineral Lot 289; Both in the City of Dubuque, Dubuque County, Iowa. Section 2. That the foregoing mnendi meat has heretofure been reviewed by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of February, 1989. Mary A. Davis City Clerk It 2/24 Com~cll Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dclch, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Conxmunicatinn of City Manager re- questing Public Hearing be set for the he Essential Corporate Purpose General Obligation Bonds, presented mad read. Council Member Heckmann moved the communication be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 55-89 FIXING DATE FOR A MEETING ON THE PROPOSI- TION OF THE ISSUANCE OF $4,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL COR- PORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUB- LICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, shonid issue General Obligation Bonds to the amount of $4,000,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of pro- viding funds to pay costs of carrying out hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the Regular Session, February 20, 1989 83 meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and]or written objections from any resident or proper- ty 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 9th day of March, 1989, for the purpose of tak- ing action on the matter of the issuance of $4,000,000 Generui Obligation Bonds for au essential carpocate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of con- struuiian, reconstruction and repairing of street improvements; construction, reconstruction, extension and improve- ment of works and facilities useful for the collection and disposal of surface waters and streams; reconstruction, extension, and improvement of an existing airport and acquisition, installation and repair of traffic control devices. Section 2. That the Clerk is hereby directed to cause at least one publication to he 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 tho issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the fullowin4~ form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PRO- POSED ISSUANCE OF $4,000,000 GENERAL OBLIGA- TION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 9th day of March, 1989, at 7:30 o'clock p.m., in the Public Library Auditorium, Dubuque, Iowa, at which meeting the Council proposes to take additional ac- tion for the issuance of $4,000,000. Genoral Obligation bonds for an essen- tial corporate purpose of said City, in order to provide funds to pay costs of construction, reconstruction and repair- ing of street improvements; construction, reconstruction, extension and improve- ment of works and facilities useful for the collection and disposal of surface waters and streams; reconstruction, extension, and improvement of an existing airport and acquisition, installation and repair of traffic control devices. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objec- tions have been received and considered, the Council will at this meeting or at any adjourmnent thereof, take additional ac- tion for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 20th day of February, 1989. Mary A. Davis City Clerk of Dubuque, Iowa (End of Notice) Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting three Resointions authorizing publication of the official notices of the public hearing required in connection with the adoption of the Fiscal Year 1990 City Budget, presented and read. Council Member K[uesner moved that the communication be received and filed. Seconded by Council Member Voetberg. 84 Regular Session, February 20, 1989 Carried by the following vote: Mayor Brady, Council Memhers Deich, Heck- mann, Kluesuer, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO, 56-89 SETTING THE DATE OF PUBLIC HEARING ON THE FISCAL YEAR 1990 BUDGET FOR THE CITY OF DUBUQUE WHEREAS, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for a public hearing on the budget before the final cextificatlon date and shall publish notice before the hearing as provided in Section 362.3 of the Code of Iowa. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed 1989-1990 budget of the City of Dubuque at the Carnegie Stout Public Library Auditorium, 11th and Bluff S~eets, Dubuque, Iowa on Thursday, March 9, 1989, beginning at 7:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish according to law notice of public hearing together with the required budget information. Passed, approved and adopted this 20th da~ of February, 1989. Jmnes 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, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 57-89 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed five year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the capital projects for the first year are included in the Fiscal year 1990 budget for the City of Du- buque; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and to adopt the five year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 1990 budget for the City of Dubuque. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Library Auditorium. 11th and Bluff Streets, Dubuque, Iowa on Thm'sday, March 9, 1989, beginning at 7:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public meeting. Passed, approved and adopted th~s 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tlon of the Resolution. Seconded by Council Member Voetberg. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 58-89 AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974, as amended, to certain Community Development Block Grant Funds; and WHEREAS, the regulations govern- hig the submission of a statement of in- tent for such funds require that citizens Reg.___ular Session be provided with adequate information concerning the Community Development Block Grant Program and an adequate opportunity to participate in tho develop- ment of the submission and in the development of ~ny revisions, changes or amendments; and WHEREAS, it has been deemed to be in the best interest of the Community Development Block Grant Program to hold a hearing to supplement previous- ly held meetings with private and public agencies, City Manager's budget meet- ings, and the public meeting conducted by the Community Development Depart- ment; and WHEREAS, it is further deemed to be in the best interest of the City of Du- buque to hold such public hearing simultaneously with the public hearing on the five year Capital Improvement Program and the Fiscal Year 1990 budget for the City of Dubuque. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of the public bearhi4,~ hi the form of Exhibit "A" attached hereto and made a part thereof. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayer ATTEST: Mary A. Davis City Clerk Council Me~nher Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfueaner, Pratt, Simon, Voetberg. Nays--None. Communication of Planning and Zon- ing Commission advising of their ap- proval of a rasoding request to reclassify property located at Southwest corner of Kaufmann and J.F.K. Road from R-1 to OR District, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor February 20, 1989 85 Brady, Council Members Delch, Heck- mann, Kluesner, Pratt. Simon, Vcetberg.. Nays--None. An ORDINANCE Amending Zoning Ordinance to reclassify property lccated at the southwest corner of Kanfmann Ave. and John F. Kennedy Road from R-1 Single Family Residential District to OR Office Residential District, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the ~quirement that a proposed Ordinance be considered and voted on for pass0ge at two council meeting~ prier to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 6th day of March, 1989 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, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Communication of planning and Zon- hig Commission approving rezaning re- quest to Dubuqucqn-Futuro, Inc. for zon- ing reclassification for Phase II of Du- buque Industrial Center, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Klueaner, Pratt, Simon, Voetberj,~. Nays--Council Member Delch. An ORDINANCE Amending Zoning Ordinance by reclassifying property known as former Paisley property and now to be known as Dubuque Industrial Center, Phase II from AG Agricultural District to PI Planned Industrial District, presented and read. Council Member Kluesnee 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 he suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on 86 Regular Session, February 20, 1989 the 6th day of March, 1989 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 Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmaun, Kluesner, Pratt. Simon, Voetherg. Nays--Council Member Deich. Communication of City Manager reconunending disposition of two parcels of property acquired by the City in 1988 for the construction of the NW Arterial, Phase III, between Asbury Road and J.F.K. Road, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Heck- mann, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Heck~nann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 59-89 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 2 OF 1 OF HELEN E. & MARY H. STEWART SUBDIVISION TO JOHN H. KIVLAHAN. WHEREAS, the City of Dubuque ac- quired Lots 1-1 and 1-2 of Helen E. and Mary H. Stewart Subdivision fi-om the Dubuque Community School District as right-of-way for the Northwest Arterial and WHEREAS, Lot 2-1 of Helen E. and Mary H. Stewart Subdivisinn has been determined to be excess fight-of-way; and WHEREAS, John H. Kivlal~an, as ad- jacent property owner, is desirous of ac- quiring additional property to compon- sate for Iris reduced acreage resulting from the sale of a portion of his proper- ty to the City for the Northwest Arterial right-of-way. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of it's interest in Lot 2 of 1 of Helen E. & Mary H. Stewart Subdivision, containing 8.20 acres by Quit Claim Deed to John H. Kivlahan. Section 2. That the conveyance o£ the City's interest shall be for one dollar and other good and.valuable consideration, as part of an ~cquisitlon agreement between Mr. Kivlahan and the City for the sale of a portion of his property to the City for the Northwest Arterial right-of-way. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as pre- scribed under 364.7, Disposal of Proper- ty, Code of Iowa, 1987 or amended. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution, setting matter for 'ublic Hearing on March 7. 1989, at 7:30 P.M. and the City Clerk to publish no,ce n the mamaer prescrihed by law. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Memhers Deich, Heck- m~mn, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 60-89 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 1-1-1-1-1-1~1 OF THE SW ¼ - SW ¼ OF SECTION 16, T89N, R2E, 5TH P.M. TO INTERSTATE POWER COMPANY WHEREAS, the City of Dubuque ac- quired Lot 1-1-1-1-1-1-1 of the SW ~/~ - SW ¼ of Section 16, T89N, R2E, 5TH P.M. from the Salvo-Salas Partnership as right-of-way for the Northwest Arterial; and WHEREAS, said Lot has been deter- mined to be excess right-of-way; and WHEREAS, Interstate Power Com- pany is desirous of acquiring additional property contiguous of their present ~ubstatinn to compensate for the loss of adjacent property to the west which was acquired by the City as Nortt~west Arterial right-of-way. NOW, THEREFORE, BE IT RE- SOLVED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of it's interest in Lot 1-1-1-1-1-1-1 of the SW ¼ of the SW ¼ of Section 16, T89N, R2E, of the 5th Principal Meridian in the City of Du- buque, Iowa, containing 0.213 acres, by Quit Claim Deed to Interstate Power Company. Section 2. That the conveyance of the City's interest shall be for one dollar and other good and valuable consideration. Section 3, That the City Clerk be and is hereby authorized and directed to cause and notice to be published as prescribed under 364.7, Disposal of Pro- perry, Code of Iowa, 1987 or as amended. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution, setting Matter for Public Hearing on March 6, 1989 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 Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heck- mann, Kluosner, Pratt, Simon, Vcotberg. Nays--None. Communication of City Mwaager recommending vacation of a 20' wide alley west of Kerpor Blvd. and running south of Farragot St. for 50 ft. and disposing oI same to Barnstead Tber- molyne Corp. and Mr. and Mrs. Richard J. Kelly, presented and read. Council Member Klaesner moved that the communication be received and filed, Seconded by Council Member Pratt, Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heck- mann, Klaesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 61-89 RESOLUTION APPROVING PLAT OF A VACATED PORTION OF 20' ALLEY LYING BETWEEN LOT 2, BLOCK 9 IN RIVERFRONT SUB- DIVISION NO. 3 AND LOT 60 IN HAM'S ADDITION, BEGINNING AT THE SOUTH PROPERTY LINE Re~lar Session, February 20, 1989 87 OF FARRAGUT STREET THENCE SOUTHERLY A DISTANCE OF 50 FEET WHEREAS, there has been presented to the City Council of the City of Du- buque, Iowa, a plat dated January 5, 1989, prepared by IIW Associates, P.C., Dubuque, Iowa, describing the vacated portion of the 20' wide alley lying bet- ween Lot 2 of Block 9 in Riverfront Sub- division No. 3 and Lot 60 of Ham's Addition beginning at the south proper- ty line of Farregut Street, thence soutber* ly for a distance of 50 feet; and WHEREAS, said pint conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 5, 1989 prepared by IIW Associates, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of February, 1989. 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, Kluesner, Pratt, Simon, Voetberg. Nays--None. An ORDINANCE Vacating a portion of 20' wide alley lying between Lot 2 of Block 9 in Riverfront Subd. No. 3 and Lot 60 of Ham's Addn., beginning at the south property line of Farragut St. thence southerly a distance of 50 feet, presented and read. Council Member Kluesner moved that 88 Regular Session, February 20, 1989 this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 6th day of March, 1989 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, Kinesner, Pratt, Simon, Voetherg. Nays--None~ RESOLUTION NO. 62-89 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 60A AND 60B IN HAM'S ADDITION IN THE CITY OF DUBUQUE, IOWA WHEREAS, Barnstead Thermalyne Corporation and Mr. & Mrs. Richard J. Kelly have requested the vacation of a portion of 20 foot alley lying between Lot 2 of Block 9 in iT~verfront Subdivision No. 3 and Lot 60 in Ham's Addition beginning at south property line of Far- ragut Street thence southerly at a distance of 50~ in the City of Dubuque, Iowa; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa has prepared and submit- ted to the City Council a plat showing the vacated portion of a 20' alley and assigned a lot number thereof, which ber~malter shall be known and described as 60A and 60B of Ham's Addition in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of 20' alley is no longer required for public use, and vacating and sale of said portion of 20~ alley known as Lot 60A and Lot 60B of Ham's Addi- tion in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 60A & Lot 60B of Ham's Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 60A m~d Lot 60B of Ham's Addition in the City of Dubuque. Iowa be contingent upon the petitioners payment of $500.00 plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause and notice of intent to dispose of said real estate in the manner as pre- scribed by law. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolutlon, setting matter for Public Hearing on March 6, 1989 at 7:30 p.m. in the Public Library and that the City Clerk should publish notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting documents providing for the bid- ding procedures for the construction of the relocation of an existing 30'~ Sanitary Sewer Force Main required for the con- struction of relocated Highway 61 through the City, presented and read. Council Member Khiesner 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--None. RESOLUTION NO. 63-89 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed pl~ns, specifications, form of contract and estimated cost for the Relocation of Existing 30" Force Main from 4th and Central to 3rd and Iowa, in the estimated mnount of $132,639.74, are hereby approved and Regular Session, ordered filed in the offlee of the City Clerk for public inspection. Passed, approved and adopted this 20th day of February, 1989. 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, Kluesner, Pratt, Simon, Voetharg. Nays--None. RESOLUTION NO. 64-89 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 Clerk for public inspection of the Relocation of Existing 30" Force Main from 4th and Central to 3rd and Iowa. NOW, THEREFORE, BE IT RE- SOLVED that on the 20th day of March, 1989, a public hearing will be held at 7:30 p.m. in the Public Libr m-y Auditorium at which time interested persons may ap- pear and be heard for or against the pro- posed plans and specifications, form of contract and cost of said improvement, and the City Clerk be wad is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hear- lng, any interested person may appear and file objections to the proposed plans, spedfications, contract, or est~nated cost of the improvement. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk February 20, 1989 89 Council Member Kluesner moved adop- tlon of the Resolution, setting matter for Public Hearing on March 20, 1989 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, Khiesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 65.89 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OJv THE CITY OF DUBUQUE, IOWA: That tho Rehication of Existing 30" Force Main from 4th and Central to 3rd and Iowa is hereby ordered to be adver- tised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid 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 theretofure adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 9th day of March, 1989. 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 20th day of March, 1989. Passed, approved and adopted this 20th day of February, 1989. 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 Membea's Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. 90 Regular Session February 20, 1989 ORDINANCE NO. 3-89 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" BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICT AND TO APPROVE A CONCEPTUAL DEVELOPMENT PLAN FOR THE MERCY HEALTH CENTER/MEDICAL ASSOCIATES CLINIC ID INSTITUTIONAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of 1-16-89, and amended at the Council Meeting of 2-6-89. presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 3-89 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" BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICT AND TO APPROVE A CONCEPTUAL DEVELOPMENT PLAN FOR THE MERCY HEALTH CENTER/MEDICAL ASSOCIATES CLINIC ID INSTITUTIONAL DISTRICT. WHEREAS, Mercy Health Center and Medical Associates Clinic, PC have filed an application for reclassification from R-2 Twc~Family Residential to tD In- stitutional District and have also filed a Conceptual Development Plan for certain properties hereinafter described in acco~ dance with provisions of the ID Institu- tionai District regulations as set forth in Section 3-5.2 of the Code of Ordinances, Appendix A thereof, of the City of Du- buque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hearing on said application for zoning reclassifica- tion and said Conceptual Development Plan pm-suant to required published notice; and WHEREAS. the Planning and Zoning Commission has approved said applica- tion for zoning reclassification and said Conceptual Development Plan subject to specific conditions and restrictions hav- ing found that said plan conforms with ;he review standards applicable to such plans as set forth in Section 3-5.2D(4) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, tbe Planning and Zoning Commission recommended the concur- rence of the City Council and approval of said application for zoning reclassifica- tion and said Conceptual Development Plan; and WHEREAS, the City Council has received the recormnendatlon of the Plm~- ning and Zoning Comnlission and held its own public hearing on said application for zoning reclassification and said Concep- tual Development Plan pursuant to re- quired published notice; and WHEREAS, the City Council has ap- proved said Conceptual Development plan and said application for zoning reclassification and said Conceptual Development Plan pursuant to required published notice; and WHEREAS, the City Council has ap- proved said Conceptual Develop~nent plan and said application for zoning reclassification subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT OR- )AINED 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 reclassify- ing from R-2 Tw~-Family Residential District to ID Institutional District the following described property to vat: Lot i of Lot 25, Lot 24, the East '/2 of Lot 8, Lot 9, Lot 21, Lot 22, Lot 23 all of Massey Heigbte Sub- division, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Regular Session, February 20, 1989 91 Section 2. That the Code of Ordinances of the City of Dubuque. Iowa be amend- ed by revising Appendix A thereof, also known as "Zoning Ordinance of the City of Dubuque". hereby adopting and ap- proving the Conceptual Development Plan, a copy of which is attached to and made a part hereof, for the following described property, to wit: Lot 2 of Lot 1 of City Lot 731, ex- cept the southerly 100 feet thereof adjoining Dodge Street; Lot 1-2-1 of City Lot 732; Lot 2 of Sub of City Lot 731; Lot 1. Lot 1-2-2, and Lot 2-2-2, all in Langworthy Place; all of Peabody Street; all of Clara Street; Lot 1 of vacated Augusta Street; Lot 1-1, Lot 2-2 and Lot 2-17 all in Agues Langworthy's Sub; Lot 2 of"vacated alley lying between and abutting said Lot 1 and Lot 2 and Lot 17 each of Agnes Langworthy's Sub"; Lots 3 to 16 inclusive of Agues Lang- worthy's Sub; vacated alley lying between and abutting Lots 3 through 8 and Lots 9 through 16 in Agnes Langworthy's Sub; McCauley Hall Place; that portion of Jmnes Street lying south of Langworthy Avenue; Lot 10, Lot 11, Lot 12, Lot 13, Lot 14, Lot 15, Lot 16, Lot 17, Lot 18, Lot 19, Lot 20, Lot 21, Lot 22 and Lot 23. Lot 1-25, Lot 24, East ~/~ of Lot 8, Lot 9, all in Massey Heights; Lot t of Mineral Lot 66, the North 286 ' of Lot 2 of Lot 2 of Mineral Lot 66; Lot 1of Lot 1 of LOt 3 of Lot 1 m~d LOt 2-1-3-1, all of Mineral Lot 68; Lot 3 of Mineral Lot 68; Lot I and Lot 2 of Mineral Lot 69; Mineral Lot 70; Lot 3, Lot 1-4, Lot 1-1-5, Lot 1-1-6, Lot 2-1-6, Lot 1-2-6, Lot 2-2-6 and Lot 4-A all in Subdivi- sion of Mineral Lot 72; Lot 1-2-10 of Mineral Lot 73; Lot 2 of Sub of Lot 1-2-2 of Mineral Lot 72 and Lot 1-10 of Mineral Lot 73 and Lot 2 of Mineral Lot 74; Lot 1-1-2-2 of Mineral Lot 72 and Lot 1-10 of Mineral Lot 73 and Lot 2 Mineral Lot 74; Lot 1-4-2-1 of Mineral Lot 68; Lot 2-2-4-2-1 of Mineral Lot 68; Lot 1-2-1 of Mineral Lot 68, Lot 2-3-1 of Mineral Lot 68; Lot 1-1-3-1 of Mineral Lot 68; Lot 1 of Massey Heights Subdivision; Lot 2-1-2-9 of Mineral Lot 73; Lot 1-1-2-9 of Mineral Lot 73; that portion of Wooten Avenue east of McClain Street; and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 3. That in order to accomplish the purposes of the ID Institutional District and of the Zoning Ordinance, the property hereinabove described is subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above- described ID Institutionai District: 1) Principal permitted uses shall be limited to the following: a) Hospitals [46] b) Outpatient care facilities [36] c) Residential care facilities [18] d) Offices for administrative per- sonnel or otlier institutional employees or affiliates [14] e) Classroom, laboratories, lecture halls, auditoriums and similar places of institutional assembly [45] f) Off-street parking and loading [NAI g) Nursing or convalescent homes of institutional residents or affiliates [2] h) Recreational or athletic facilities for the primary use mad benefit of institu- tional residents or affiliates [45] i) Existing private uses or struc- tures situated within an ID Institutional District for which the R-3 District stan- dards shall apply INA] j) Single4amily, two-family, [11] or multi-famgy dwellings for the housing of institutional residents or affiliates [9] k) Facilities and operations for the diagnosis, care and treatment of human health disorders, including examination or operating rooms, physical therapy or x-ray facilities, psychiatric treatment. convalescent care and similar hospital- related uses, but not to include commer- cial uses or uses listed as conditional or accessory for the ID Institutional Dis- trict. This provision shall include separate doctors clinics or other medical facilities not owned or operated by the principal institution, but only when such facilities are functionally related to the institution [36} 1) Churches [7], libraries, museums [131 92 Regular Session, February 20, 1989 2) Accessory uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District: a) Restaurants or cafetexias; flower shops; gift shops; and candy, cigar or magazine stands; but only wben operated and located entirely within a principal building. b) Facilities for the compounding, dispensing or sale of drugs or medicines, prosthetic devices, lotions and prepara- tions, dental care supplies, eye wear, ban- dages or dressings, and similar medical or health related supplies. c) All other uses customarily in- cidentel to tbe principal permitted use in conjunction with which such accessory use is operated or maintained, but not to incinde commercial uses outside a prin- cipal building. B. Lot and Bulk Regulations. Development of land in the ID Institu- tional District shall be regulated as follows: 1) All buildings, structures and ac- tivlties shall be located in conformance with the attached Conceptual Develop- ment Plan and all final site development plans shall be approved in accordance with the provisions of the ID Institu- tional District regulations, as provided in the Zoning Ordinance of the City o£ Dubuque, Iowa. 2) A minimum setback of 15 feet shall be required for the northwest park- ing rmup from the west property line. Also, the northwest corner of the north- west ramp shall be 15 feet from the north property line. C. performance Standards. The development and maintenance of uses in the ID Institutional District shall be established in conformance with the toliowing standards, as well as with the regulations of Section 3-5.2 of the ID In- stitutional District: 1) Construction of tbe northeast parking structure will be completed prior to the building expansion for Mercy Health Center and construction of the northwest parking structure will be com- pleted prior to the building expansion for Medical Associates. Construction of the parking structures shali commence be- tween June 1989 and June 1990. 2) The construction of the proposed buikling expansions for Mercy Health Center and Medical A~ ssociates shall com- mence in 1990, with completion within three years. D. Site Development Standards. The site development standards for this ID Institutional District shall be established as follows: 1) The landscaping and screening quirements shall be established in accor- lance with the requirements of Section 4-5 of the Zoning Ordinance of thc City of Dubuque, Iowa except that Section 4-5.4(3)a shall be omitted. All other site development standards of Section 4-4 shall apply. 2) Additional landscaping is to be provided between parking Lot A and the adjoining residential district and also along the corner of James Street and Langworthy Avenue. E. Sign The following regulations shall apply to all signs in this particular ID Institu- tional District as follows: 1) Ti~e maximum allowable area limitation for wail-mounted identification signs for Mercy Health Center shall be established at 350 square feet per proper- ty street frontage adjdming Langworthy, Mazzuchelll, Wooten and Dodge. The maximum size of any one sign shali not exceed 250 square feet and the maximum number of signs for any one frontage shall not exceed 8. 2) The maximum allowable area limitation for free-standing identification signs for Mercy Health Center shall be established at 850 square feet per proper- ty street frontage adjoining Langworthy, Mazzucballi, Wooten and Dodge. The maximum size of any one sign shall not exceed 250 square feet and the maximum number of signs for any one frontage shall not exceed 4. 8) All existing wall-mounted or free- standing signs may be relocated as is re- quired by additions, alterations or changes in building configuration for Mercy Health Center. The square footage limitations herein above described in numbers 1) and 2) shall apply. 4) A maximum area of 350 cumulative square feet of sign face per each frontage of Wooten, Hill and Regular Sessior Langworthy for Medical Associates Clinic be established. The maximum area of any sign shall not exceed 200 square feet and the maximum number of signs shall not exceed 12. 5) That all other sign regulations not herein identified shat[ conform te Section 4-3.11 Schedule of Sign Regulations for the ID Institutional District. F. Parking Requirements. The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District may be indicated by a bracket-enclosed number next to the use, as provided in Section 4-2.7 of the Zoning Ordinance of the City of Dubuque, Iowa. 1) The northwest parking ramp may be built to a maximum of one level above the grade entrance at Langworthy to cover the entire structure. G. Time Limitation. The Conceptual Development Plan shall be valid for a period of five years provid- ed a final site development plan is sub- mitted within one year from the date of approval. H. Transfer of Ownership. Transfer of ownership or lease of prope~ ty in this ID Institutional District shall include in the transfer of lease agreement a provision that the purchaser or leasee acknowledges awareness of the condi- tions authorizing the establishmdnt of this district. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ORDINANCE NO. 3-89 We, the undersigned, representatives for Mercy Health Center and Medical Associates Clinic, PC, having read the terms and conditions of the foregoing Or- dinance No. 3-89 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa, this 20th day of February, 1989. , February 20, 1989 By: s/Sister Helen Huewe, OSF President and Chief Executive Officer' Mercy Health Center By: s/Robert Malgaard, M.D. President and Chief Executive Officer Medical Associates Clinic, PC Published officially in the Telegraph Herald this 24th day of February, 1989. Mary A. Davis City Clerk it 2/24 Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kkiesner, Pratt, Simon, Voetrberg. Nays--Council Member Daich. Communication of City Manager sub- mitting documents and requesting ap- proval for the submission of a CEBA Program application to the IA Dept. of Economic Development and approving an amendment to March 23, 1987 at CDBG Loan Agreement all with the Dubuque Data Services Co., presented and read. Council Member Kluesner moved that the communication be received and filed. 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. 66-89 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY BETTERMENT ACCOUNT GRANT APPLICATION ON BEHALF OF- THE DUBUQUE DATA SERVICES COMPANY MARKETING PROJECT WHEREAS, The Dubuque Data Ser- vices Company, a local data processing service bureau, has proposed the im- plementation of a new marketing pro- gram; and WHEREAS, the City Council of Du- buque, Iowa has considered said proposal and has determined that it will assist in the retention of an existing business while contributing to the local economy; and WHEREAS, the Community Eco- nomic Betterment Account (CEBA) pro- ~am has been created by the Iowa 94 Regular Sessior February 20, 1989 Department of Economic Development to assist in the economic development ef- forts of local jurisdictions; and WHEREAS, the City of Dubuque, Iowa is eligible to apply for funding from the Comm~mity Economic Bettexment Account program as defined in House File 225, Acts of the 71st General Assembly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectinn L That the filing of an applica- tion for participation in the Iowa Com- munity Economic Betterment Account program in behalf of the Dubuque Data Services Company's expansion project is approved. Section 2. That the City Manager be and be is hereby autliorized to execute and submit said application to the State of Iowa Development Comlnisaion and other appropriate agencies together with such documents as may be required. Passed, approved and adopted tins 20th day of February, 1989. James E. Brady Mayor Aq~2EST: Mary A. Davis City Clerk Com~all Member Kluesner ~noved adop- tion of. the Reselutlon. 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. 67-89 A RESOLUTION AUTHORIZING THE AMENDMENT OF A COMMU- NITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH THE DUBUQUE DATA SERVICES COMPANY WHEREAS, under provisions of Title I of the Housing and Commmunity Development Act of 1974, as amended the City of Dubuque has received Com- munity Development Block Grant Funds for the purpose of stimulating econonuc devalopment activities wltinn the com- munity; and WHEREAS, the City of Dubuque, Iowa entered into a Colmn~mity Develop- ment Block Grant loan agreement with the Dubuque Data Services Company on March, 23, 1987, a copy of which is attached hereto and incorporated herein; and WHEREAS, the Dubuque Data Ser- vices Company has requested and the City has agreed that said loan agreement shell be amended by revising the job creation goals required of the company and by providing for a new loan payment ~chedule with all other terms and condi- tlons of said loan agreement to remain n full force and effect; and WHEREAS, a copy of said amend- ment is attached hereto and incorporated herein; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the attached Community Deveinpment Block Grant Loan Agreement Amend- merit. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Reselution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending approval of a loan to Dubuque In-Futuro. Inc. for the purpose of grading sites in the second phase of Dubuque Industrial Center, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Co,mci1 Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Regular Session, February 20, 1989 95 RESOLUTION NO. 68-89 RESOLUTION AUTHORIZING AC- CEPTANCE OF AN AGREEMENT PROVIDING FOR THE LOAN OF $200,000 COMMUNITY DEVELOP- MENT FUNDS TO DUBUQUE IN- FUTURO, INC. FOR GRADING OF DUBUQUE INDUSTRIAL CENTER -- PHASE II. WHEREAS, the City of Dubuque, Iowa and Dubuque In-Futuro, Inc. have entered into a Memorandum of Agree- ment dated August 17, 1981, and have therein provided for the assignment to Dubuque In-Futuro, Inc. of responsibili- ty for the development and manogement of the Dubuque Industrial Center; and WHEREAS. eighty-live pement of the sites in the Dubuque Industrial Center have been sold; and WHEREAS, there is a need to prepare additional sites for industrial develop- ment; and WHEREAS, Dubuque In-Futuro, Inc. has requested that the City of Dubuque lend Dubuque In-Futuro, Inc. funds in the amount of $200,000 to be used to grade newly acquired land to be known as Dubuque Industrial Center -- Phase II; and WHEREAS, a Loan Agreement and accompanying Promissory Note with Dubuque In-Futuro, Inc. have been prepared and the same are attached hereto and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the city of Dubuque, Iowa hereby finds and determines that a public purpose is to be served by the loan of funds to Dubuque In-Futuro, Inc. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Loan Agreement ,hereto attached, pee- vidlng for a loan of $200,000 to Dubuque In-Futuro, Inc. according to the terms specified therein. Section 3. That the City Manager be and he is hereby authorized to disburse funds according to the Loan Agreement from Community Development Funds. Passed, approved and adopted this 20th day of February, 1989. 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, Kinesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing approval of an amendment to a Loan Agreement with Dubuque Stamp- ing and Manufacturing, Inc., presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 69-89 RESOLUTION AUTHORIZING AC- CEPTANCE OF AN AMENDMENT TO A LOAN AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND DUBUQUE STAMPING AND MANUFACTURING, INC, WHEREAS, the City of Dubuque, Iowa wishes to continue its assistance to the Dubuque Stamping and Manufactur- ing, Inc. in the enhancement of i~s economic viability, for the ongoing pur- pose of creating permanent employment opportunity for its citizens, and to stabilize and improve the City's tax base; and WHEREAS, the City and the Com- pany have previously entered into a Loan Agreement, dated March 19, 1'984, and the same and accompanying Real Estate Mortgage are attached hereto and by this reference made a part hereof; and WHEREAS, an Amendment to the Loan Agreement has been executed by Dubuque Stamping and Manufacturing, Inc., providing for a new loan payment schedule, ali other terms and conditions 96 Regular Session, of the Loan Agreement to remain in full force and effect. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Mayor and the City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Amendment to the Loan Agreement hereto attached, providing for the exten- sion of the $150,000 loan to Dubuque Stamping and Manufacturing, Inc., ac- cording to terms specified therein. Passed, approved and adopted this 20th day of February, 1989. James E. Brady. Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of tbe Resointion. Seconded by Counail Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing approval of McAleace Park and Recreation Complex Concession Agree- ment with RJ's Concessions and authorizing City Mgr. to execute agree- ment, p~esented and read. Co~mcil Member Voetberg moved that the communication be received and filed and concurred with approval for RJ's Concessions. Seconded by Council Member Ih-att. Carried by the following vote: Yeas--Mayor Brady, Council Members Iteckmann, Pratt, Simon, Voetberg. Nays--Counall Members Deich, Kluesner. Communication of park and Recrea- tion Commission recommending Agree- ment with Oak Ridge Athletics, presented and read. Council Member Voetberg moved that the conm~unication be received and filed. Seconded by Council Member Pratt. Car- fled by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Pratt, Simon, Voetberg. Nays--Council Members Deich, Kinesner. petition of Attorney Donald Breitbach February 20, 1989 on behalf of R.J.'s Concessions, contain- ing approximately 27 signatm'es support- ing the bid of R.J.'s Concessions for McAleece Park and Recreation Complex, and read. Council Member Voetberg moved that the petition be received and filed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Pratt, Simon, Voetberg. Nays--Couneil Mem- Council recessed at 8:56 p.m. Reconvened at 9:09 p.in. Coimnunicatten of City Manager sub- 'aitting report on Planning a~d Zoning Commissions' discussion of Fceeway Cot- ~idor Planning project (referred from meeting of 1-3-89), presented and read. Council Member Pratt moved that the communication be received and filed and accepted timetable as recommended by Planning and Zoning. Seconded by Coun- cil Member Kinesner. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Hackmann, Kfuesner, Pratt, Signori, Voetberg. Nays--None. Communication of Corperatlon Coun- sel submitting an Ordinance relating to food and beverage vending machines, presented and read. Council Member Ih-att moved that the received and filed. Seconded by Council Member Heck- nann. Cartied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO, 4-89 ~RDINANCE AMENDING THE CITY OF DUBUQUE, CODE OF OR- DINANCES, BY REPEALING OR- DINANCE NO. 55-88, RELATING TO VENDING MACHINES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 4-89 AN ORDINANCE AMENDING THE CITY OF DUBUQUE, CODE OF OR- DINANCES. BY REPEALING. OR- DINANCE NO. 55-88, RELATING TO VENDING MACHINES. Regular Session NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 55-88 of the City of Dubuque Code of Ordinances is hereby repealed, Section 2. This Ordinance shall take ef- fect immediately upon its publication as provided by law. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of February, 1989. Mary A. Davis City Clerk it 2/27 Council Member Pratt moved tl~s to 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 Heckmanu. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heakmann, Kluesner. Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing support of House File #93 deal- ing with Iowa Department of Revenue's remittance of Local Option Tax, presented and read. Council Member Heckmarm xnoved that the communication be received and filed. Seconded by Com~eil Member Voetberg. Carried by the following vote: yeas--Mayor Brady, Council Memi)ers Deich, Heckmann, Kluesner, Pratt. Simon, Voetberg. Nays--None. RESOLUTION NO. 70-89 A RESOLUTION ENDORSING HOUSE FILE NO. 93 WHICH RE- LATES TO REMITTANCE OF THE LOCAL OPTION SALES TAX TO LOCAL GOVERNMENTS WHEREAS, the voters of the City of February 20, 1989 97 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%) in favor and 1,931 (20%) opposed; and WHEREAS, the sales aud services tax payment for the quarter ending June 30, 1988, was not received until November 4, 1988; and WHEREAS, the saies and services ta~ payment for the quarter ending September 30, 1988, was not received un- til February 10, 1989; 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, Iowa, believes this is too long a delay in receiving payments and wishes to support a House bill filed by Mike Peters relating to remittance of the local option sales tax to local government. 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 House File No. 93 which relates to remittance of the local option sales tax to local governments. Section 2. That the City Clerk is hereby authorized and directed to transmit this resolution to area legislators, members of the House Ways and Means Committee, the Governor, and the League of Iowa Municipalities. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolutinn. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council Member Kluesner moved that this be considered the second reading on- ly of an ORDINANCE Amending Code 98 Regular Session, February 20, 1989 of Ordinances of the City of Dubuque by Deich. Carried by the following vote: repealing Chapter 20 and enacting a new Yeas--Mayor Brady, Council Members Chapter 20 in lieu thereof to comprchen- ~ively revise the Residential Housing Code. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady. Council Members Ddich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council Member Kluesnex moved that this be the second reading of a Resolu- tion Providing for the establishment of a new "Schedule A. Residential Housing Code Fees". Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. BOARDS AND COMMISSIONS HUMAN RIGHTS COMMISSION: Three terms which will expire 1-1-92 (Terms now filled by Bralg, Malers, Healy). APPLICANTS: Karla Bralg, Roger Malers, Static Neldaughter, Steven Rackis, Mary Timmerman. Mayor Brady voted for Bralg, Malers & Rackls. Council Member Deich voted for Braig, Maiers & Rackis. Council Member Heckmann voted for Bralg, Malers & Rackis. Council Member Kluesner voted for Braig, Malers & Rackis. Council Member Pratt voted for Bralg, Maiers & Rackis. Council Member Simon voted for Braig, Malers & Rackls. Council Member Voetberg voted for Bralg, Maiers & Rackis. Therefore, Kavla Braig, Roger Malers and Steven Rackis be appointed for three year terms which will expire 1-1-92. TRANSIT BOARD'--1 Unexpired Term which will expire 7-30-90. APPLI- CANT(S): Robert Fuerste. Council Member Kluesner moved that Mr. Fuerste be appointed to the ~mex- pired term on the Transit Board which will expire July 30, 1990. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady. Council Members Dcich, Heckmmm Kluesner, Pratt, Simon, Voetberg. Nays--None. PLUMBING BOARD -- 1 Unexpired term which will expire 11-91. Council Member Kluesner moved that Davkl Buechele be appointed to the unex- plred term. Seconded by Council Membex Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council Member Voetberg moved ap- proval of tile appalntment of Assistant City Manager Stepbarl Johnson as oz~ alternate to the Operation: New View Bom'd. 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. 71-89 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. Loren E. Zihlke Milk House 2311 Windsor Ave. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member IGuesner 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. 72-89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Coundl for approval and the same have been examined m~d approved; and WHEREAS, The premises to be oc- cupied by such applicant s were inspected and found to comply with tbe 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. --- Reg___ular Session CLASS "B" BEER PERMIT Common Stock Trust of Ellis I. Levitt & Central Management Corporation Long John Silvers 1500 J.F.K. (Also Sunday Sales) George M. Stephenson Bunker Hill Golf Course Bunker Hill Rd (Also Sunday Sales) Dubuque Star Brewing Co. E. 4th St. Ext. Kid's World Pizza Place and Fun Center 3033 Asbnry (Also Sunday Sales) CLASS "C" BEER PERMIT Brian's, Inc. 3305 Asbury Road (Also Sunday Sales) Loren E. Zihlke Milk House 2311 Windsor (Also Sunday Sales) CLASS "E" BEER PERMIT Nash-Finch Company Econofoods #471 3355 JFK Circle (Also Sunday Sales) Passed, approved and adopted this 20th day of February 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner 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. 73-89 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; February20, 1989 NOW, THEREFORE, BE IT RE- SOLVED by tim City Council of the City. of Dubuque. Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Apartments, Ltd. Dubuque Mining Co. Kennedy Mall (Also Sunday Sales) Town Clock Inn, Inc. Towel Clock Plaza (Also Sunday Sales) Schroby's, Inc. Schroby's 1121 University (Also Sunday Sales) Mr. Jo's, Inc. Shakey's Pizza and Buffet 1895 J.F.K. (Also Sunday Sales) SPECIAL CLASS "C" (BW) WINE LICENSE Ken Fenelon Finer Foods Restaurant, Inc. 3130 Jackson (Also Sunday Sales) CLASS "E" LIQUOR LICENSE Dennis A. Althaus Family Beverage Center 3400 Central Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolntion. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council Member Kluesner moved ap- proval of a verbal petition of Mayor Brady requesting approval from City Council for out-of-city travel for himself. Secended by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Shnon, Voetberg. Nays--None. 100 Regular Session, February 20, 1989 Council Member Pratt moved approval of the printed Council proceedings for the months of September and October, 1988. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Civil Ser- vice Commission of 11-1, 11-23, and 12-20; Fire Retirement Board of 1-27 and 2-8; Historic Preservation Comm. of 1-24; Public Library of 1-26; Zoning Bd. of Ad- justment of 12-8 and 1-26, presented and read. Council Member Pratt moved that the minutes be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS: Duane Bries in unknown amount for car damages; Tmnmy Sue Meyers in mnount of $35.80 for car damages; Charlesene Stout in unknown amount for property damages, presented and read. Council Member Pratt moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Councll Member Heck- mann. Carried by the fei/owing vote: Yeas--Mayor Brady, Council Members Deich, 'Heckmann, Kluesner. Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Pablisher, of List of Claims for the month of December, 1988 AND'Communication of City Manager submitting Financial Reports for the month of January, 1989, presented and read. Council Member Pratt moved that the proof and communication be received and filed. Seconded by Council Member Heckmann. Carried by the fallowlng vote: Yeas--Mayor Brady, Council Members Dcich, Iteckmann. Kluesner, Pratt, Simon, Voetberg. Nays--None. Iowa DOT submitting NOTICE in the matter of condemnation of certain rights in land for the improvement of Primary Road No. U.S. 61 in the City of Dubu- que for Eagle Food Centers; Jacobsen Realty, Inc. and Sears, Roebuck & Co., presented and read. Council Member Pratt moved that the , be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Corporation Counsel recommending the ad- ninistrative closure of following claims: truck damage claim of Lloyd Gudenkauf; sewer back-up claims (3) of Wm. Hallahan; car damage claim of Paul Men- nlng, presented and read. Council Member Pratt moved that the communication be received tu~d filed and recommendations be approved. Second- ed by Council Member fteckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- m~um, Kluesner, Pratt, Simon, Voetherg. Nays--None. Petition of Melvin Thein et al (20 signatures) requesting parking restric- tions be lifted as to wbat side of the street you may park on Valeria St., presented and read. Council Member Pratt moved that the petition be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Heck- mann, Kluesner, Pratt, Simon. Voetberg. Nays--None. Operation: New View requesting fund- lng in the amount of $10,000 from the Fiscal Year 1989-1990 Budget, presented md read. Council Member Pratt moved that the request be referred to the Budget pro- cess. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Da/ch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. February 2, 1989 Honorable Mayor and Members of the City Council In accordance with Rules and Regula- ~ established by the Civil Service Commission on February 13, 1984, we do hereby certify that the following have successfully passed the required exams md have attained the necessary cer tifica- ;ion for the position of' 'AMBULANCE Regular Session February 20, 1989 101 MEDICAL OFFICER". Calvin L. Motsch Terryl E. Stewart Jeffrey Zasada Respectfully submitted, s/Pat Dillon Chairperson s/Robert M. Miller s/Gerald J. Koppes Civil Service Commission ATTEST: Mary A. Davis Secretary Council Member Pratt moved that the communication be received and filed and made a matter of record. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing to publish Notice of En- vironmental Review Findings for the Automotive and Industrial Hardware Project, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner. Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 74419 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FIND- lNG FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT. WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing March 17, 1988 with the U.S. Department of Hous- ing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an envlronmentel review has been processed for the hereinafter described project to be financed with . Community Development Block Grant funds; and WHEREAS, an ad hoc Enviromnen- tal Review Committee on November 10, 1988 has after due consideration made a determination that the project is not a major Federal action siguificantly affect- ing the quality of the hunmn environ- ment. 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 at~tborized and directed to mblish a Notice of Finding of No Signifi- cant Effect On the Environment for the Automocive and Industrial Hardware project, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached herete and made a part hereof. Automotive and Industrial Hardware Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of March 6, 1989, authorizing the submission of a re- quest to the U.S. Department of Hous- ing and Community Development to undertake the project. Passed, approved and adopted this 20th day of February, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pt'att moved adoption 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. Communication of City Manager sub- mltting Annual Financial Report for Dubuque Racing Association for the ~erlod ending November 30, 1988, ~resented and read. Council Member Pratt moved that the report be received and filed. Seconded by Council Member Heckmann. Carried by 102 Regular Session, the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Con~munlcatinn of Iowa Depot tment of Natural Resources submitting DPA pretreatment Performance Audit Inspec- tion for Wastewater plant, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckraann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommendhig approval of applications for residential property tax exemptions filed under the Dubuque Urban Revl- t allzation Program, presented and read. Counall Member Pratt moved that the communication be received and filed. Seconded by Council Me~nber Heck- mann. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 75.89 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS, SUBMITTED BY PROPERTY OWN- ERS IN THE JACKSON pARK, WEST ELEVENTH STREET, AND WASHINGTON STREET URBAN REVITALIZATION AREAS. AND AUTHORIZING THE TRANSMIT- TAL OF THE APPROVED APPLI- CATIONS TO THE CITY TAX ASSESSOR. WHEREAS, the Urban Revitalization Act, as enacted by the 68th General Assembly of the State of Iowa, allows cities to give property tax exemptions for ~mprovements made to properties in a designated revitalization area; and WHEREAS, the Urban Revitalization Act requires each prope~'ty ov~er to sub- mit a written application by February 1 of the assessment year for which the ex- emption is first claimed, and further re- quires the governing body of the City to approve all applications that meet the requirements of the adopted Urban February 20, 1989 Revitalization plan and forward the ap- proved applications to the local assessor for review by March I of each yem'; and WHEREAS, pursuant to the re- quirements of said Urban Revitalization Act, City Ordinances 74-80, 15-81, and 40-81 established the Jackson Park, West Eleventh Street, and Washington Street Urban Revitalization Areas, respective- ly; and WHEREAS, the City Cleth of thc City of Dubuque, as of February 1, 1988, received tax exemption applications from owners of property .as follows: Kevin Fagau for improvements at 235-237 E. 14th Street; Judith Sinclair for improvements at 199 Loras Blvd.; Doug Spyrison for improvemants at 1295 Grove Ter- race; Milers & Schmitt Apart- ~ents for improvements at 1293-1299 Bluff; Tom Moore for improvements at 423 Loras Blvd.; Louis Fuller for improvements at 653 W. llth Street; Roger and at 1295 Prairie Street; and Dale and Mildred Conzett for im- provements at 1045 Grove Ter- race; and WHEREAS, Staff of the City s Co - munity Development Department has reviewed the above-described applica- tions and inspected the properties, and has determined that the applications and the improvements conform to all re- quirements of the City of Dubuque's Ur- ban Revitalization Plan, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the above-described te~x exemption applications meet all re- quirements of the City of Dubuque's Ur- Revitalization Plan. Section 2. That the above-described tax are hereby ap- the City Council, subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forwm'd the above-described tax exemp- tion applications to the City Assessor. Passed, approved and adopted this Regular Sessior 20th day of February, 1989. Ja~nes 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 Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitring a brief summary of a meeting held on February 11, 1989, regarding FY 1990 budget, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Councll Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. 9:40 p.m. Council Member K1uesner moved to go into Closed Session in ac- cordance with Chapter 21.5(1) (c) to discuss with Counsel matters that are presently in litigation. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. 9:50 p.m. Council reconvened. There being no further business, Coun- cil Member Heckmann moved to adjourn at 9:51 p.m. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun, Kluesner, pratt, Simon, Voetberg. Nays--None. Mary A. Davis City Clerk , February20, 1989 Approved Adopted Mayor Council Members ATTEST: City Clerk 103 1989 1989