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1989 April Council Proceedings149 Regular Session March 20, 1989 Section 1. That the cost oI said im- provement is hereby determined to be $80,669.00 and the said amount shall be paid fi'om the PARKING FUND of the City of Dubuque, Iowa· Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deich. RESOLUTION NO. 112-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the IOWA STREET PARKING RAMP -- INSTALLATION OF SECURITY EQUIPMENT IN STAIRWELLS & ELEVATOR, REPLACEMENT OF PARKING EQUIPMENT SYSTEM has been completed and the City Manager has examined the work and filed his certificate stating that the santo has been completed according to the terms of the contract, plans and specifica- tions 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 PARKING FUND in amount equal to the amount of his contract, less any tained percentage provided for therein. Passed, approved and adopted this 20th day of March, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Co~mcil Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. C~rried by tbe follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann. Kluesner, Pratt, Simon, Vcotherg. Nays--None. Absent-- Council Member Daich. There being no further business, Coun- cil Member Voetherg moved to adjourn. Seconded by Council Member Pratt. Car- ried by the follo'~ing vote: Yeas--Mayor Brady, Council Members Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. Meeting adjourned at 10:40 p.m. Mary A. Davis City Clerk Approved__ 1989 Adopted__ 1989 Mayor Council Members ATTEST: City Clerk Regular Session, April 3, 1989 150 CITY COUNCIL OFFICIAL Regular Session, April 3, 1989 Council Met at 7:30 p.m~ in the Public Library Auditorium. Present--Mayor Brady, Council Members Heckmann, Kfuesner, Pratt, Simon, Vootberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Deich. Mayor Brady read the call a~d stated this is the REGULAR MONTHLY MEETING called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Robert E. Arndt, Pastor of the First Church of the Nazarene. PROCLAMATIONS: Week of April 9-15 as "National Library Week" re- ceived by Nicki Stanke; Week of April 9-15 as "Victims Rights Week" received by Barb Manning; Week of April 9-15 as "National Volunteer Week" received by Lynn Pape. Proof of publication, on Notice of Public Hearing to rezone property at 98 East Fourth Street from HI Heavy In- dustrial to CR Commercial Recreation District, presented and read. There were no written objections received at the time of the Hearing. Council Member Kluesner moved that the rules be suspended to allow anyone present to address the Council if they so desire· Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kfuesner, Pratt, Simon, Veetberg. Nays--None· Absent--Council Member Deich. Ken Hat rig of Harbor Place requested favorable zoning. 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 Heck- rearm, Kluesner, Pratt, Voetberg. Nays-- Council Member Simon. Absent--Council Member Deich. An ORDINANCE Amending Zoning Ordinance by reclassifying property at 98 East Fourth St. from HI Heavy In- dustrial District to CR Commercial Recreation Distrct. (first reading given on 3-20-89), presented and read. Council Member Kluesner moved that the requirement that a proposed Or- dinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Second- ed by Council Member Pratt. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Voetberg. Nays-- Council Member Simon. Absent-- Council Member Deich. MOTION FAILED DUE TO LACK OF aA VOTE. Council Member Kluesner moved that this be considered the second reading of the Ordinance. Seconded ,by Council Member Pratt. Carried by the fuilowing vote: Yeas--Mayor Brady, Council Members Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Dalch. Proof of publication on Not~ec of Public Hearing to consider an Ordinance vacating a portion of Main Street, 10th Street and alley first east of Main St., presented and read. There were no writ- ten objections received and no oral objec- tors present at the time of the Hearing. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt. Simon, Vcotberg. Nays--None. Absent--Council Member Daich, ORDINANCE NO. 20-89 AN ORDINANCE VACATING A PORTION OF MAIN STREET, 10TH STREET AND ALLEY FIRST EAST OF MAIN STREET, said Ordinance having been presented and read at the Council Meeting of Mm'ch 20, 1989, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 20-89 ORDINANCE VACATING A POR- TION OF MAIN STREET, 10TH STREET AND ALLEY FIRST EAST 151 Regular Session, April 3, 1989 OF MAIN STREET WHEREAS. Interstate Power Com- pany has requested the vacating of a por- tion of Main Street, 10th Street and alley first east of Main Street beginning at the north east corner of 10th & Main Street proceeding north on the east property line of Main Street and distance of 102.8 feet and 0.21 feet in width, thence east on the north property line of 10th Street and distance of 114.30 feet and 0.64 feet wide, thence north along west property of alley first east of Main Street and distance of 57.84 feet wad 0.66 feet wide, in the City of Dubuque, Dubuque Coun- ty, 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 Main Street, 10th Street and alley first east of Main Street and assigned a Lot number to each por- tion thereof, which hereon after shall be known and described as Lot A of City Lot 38, Lot A of City Lot 37, Lot B of City Lot 37, Lot C of City Lot 37, all in the City of Dubuque, Dubuque County, Iowa should be approved; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of Main Street, 10th Street and alley first east of Main Street is no longer required for public use and vacating of said portion of Main Street, 10th Street and alley first east of Main Street as Lot A of City Lot 38, Lots A, B, and C of City Lot 37 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate de- scribed as Lot A of City Lot 38, Lot A of City Lot 37, Lot B of City Lot 37, and Lot C of City Lot 37 in the City of Du- buque, Iowa, be a~d the same is hereby vacated. Passed, approved and adopted this 3rd day.of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Talegraph Herald newspaper this 7th day of April, 1989. Mary A. Davis City Clerk It 4/7 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Proof of publication on Notice of Public Hearing to consider disposing of property to Interstate Power Co., presented and read. There were no written objections received and no orul objectors present at the time of the tfanring. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. RESOLUTION NO. 113-89 WHEREAS, pursuant to resolution and published notice of tlmo and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on the 24th day of March, 1989, the City Council of the City of Dubuque, Iowa met on the 3rd day of April, 1989, at 7:30 p.m. in the Public Library Auditorium, llth ~nd Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot A of City Lot 38 and Lot A, B, C of City Lot 37 in the City of Dubuque, Iowa to Interstate Power Company; and 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 interest of the City of Dubuque, Iowa in the hereinabove de- scribed real estate to Interstate Power Company. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the Regular Session, April 3, 1989 152 interest of the City of Dubuque, Dubu- que County, Iowa hi real property described as Lot A of City Lot 38, Lot A of City Lot 37, Lot B of City Lot 37 and LOt C of City Lot 37 all in the City of Dubuque, Dubuque County, Iowa to Interstate Power Company be and the same is hereby approved for the sum of $400.00 plus cost of publication and fil- ing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authoriz- ed and directed to execute a Quit Claim Deed, and the (Tlty Clerk be and is hereby directed and authorized to deliver said deed of conveyance to the above named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the Office of the City Assessor, Dubuque County Recorder and the Dubuque Court- ty Treasurer. Passed, approved and adopted this 3rd day of Apr'd, 1989. ~ James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundl Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Sinlon, Voetberg. Nays--None. Absent-- Council Member Deich. Communication of City Manager sub- mitring documents providing for the bid- ding process for the West Locust Street Storm Sewer Rehabilitation, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 114~9 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That th~ proposed pla~s, specifications, form of contract and estimated cost for the WEST LOCUST STREET STORM SEWER REHABILITATION, in the estimated amount of $340,272.35, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 115~89 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 hispection of the WEST LOCUST STREET STORM SEWER REHABILITATION. NOW, THEREFORE, BE IT RE- SOLVED, that on the 1ST DAY OF MAY, 1989. a public hearing will be held at 7:30 p.m. in the PUBLIC LIBRARY AUDITORIUM at which tune interested persons may appear and be heard for or against the proposed plans and sped:fica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be publisbed in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. 153 Regular Session, April 3, 1989 Passed, approved and adopted this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution, Seconded by Com~cil Member Kluesner. Can'ied by the following vote: Yeas--Mayor Brady, Council Members Heckmaun, Kluesner Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deicb. RESOLUTION NO. 116-89 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the WEST LOCUST STREET STORM SEWER REHABILITATION is hereby ordered to be advertised for bids for construction. BE IT FURTI-IER RESOLVED, that the amount of the security to accompany each bid shall be in amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of tbe 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 19TH DAY OF APRIL, 1989. Bids shall be opened and read by the City Clerk at said thne and will be submitted to the Council for final action at 7:30 p.m. on the 1ST DAY OF MAY, 1989. Passed, approved and adopted tide 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg ~noved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Dalcb. Communication of City Manager sub- mitring documents providing for Zoding Ordinance Sign Section Amendiuent requestiog a sign amendment work ses- sion and a pubiic hearing, presented and read. Council Member Heckanaun moved that the communication be received and filed and set the date of April 27th for a Work Session. Seconded by Council Member Vcetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmanu, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deich. Communication of Planning and Zon- ing Commission submitting an dinauce revising tlie Sign Ordinance, Sec- tion 4-3 Sign Regulations, presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Voetherg. Carried by tlie fallowing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg, Nays--None. Absent--Council Member Deich. An ORDINANCE Revising the Zon- ing Ordinance of the City by repealing Section 4-3, Sign Rag~ations, and enact- ing a new Section 4-3, Sign Regulations, in lieu thereof to provide regulations for signs, presented and read. Council Member Heckxnann moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetinge prior to the meeting at which it is to be finally adopted be suspended and further moved tbat a Public Hearing be held on the proposed Ordinance on the 1st day of May, 1989, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the mauner prescribed by law. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Regular Session A_._._~pril 3, 1989 Commudication of Dottye Fitch, plan- ning and Z~ning Commission, pertaining to the proposed sign Ordinance amend- ment, presented and read. Council Member Heckmmm moved that the communication be received and filed. Seconded by Council Member Vcetberg. Carried by the following vote: yeas--Mayor Brady, Counall Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Core,cji Member Deich. Communication of City Manager sub- mitring documents relative to the grant- ting of an easement to U.S. West Com- mudications at Asbury Water Tank Location, and to set the matter for public hearing, presented and read. Council Member Pratt moved that tbe commudicatlon be received and filed. Seconded by Council Member Hock- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. RESOLUTION NO. 117-89 RESOLUTION GRANTING AN EASEMENT FOR AN UNDER- GROUND CONDUIT SYSTEM TO U.S. WEST COMMUNICATIONS WHEREAS, U.S. West Commudica- tions is requesting the installation of a conduit system on the westerly edge of City owned property at the location of the water storage tank on Asbury Read; and WHEREAS, more specifically the legal description of this easement would be the west six (6) feet of west 5 feet of Lot 1, all of Lot 2 and the west 130 feet of Lot 3 all located in Higlfland Park Sub- division, City of Dubuque, Dubuque, Iowa; and WHEREAS, the granting of this ease- ment will not conflict with any of the cur- rent operations at the Asbury water storage tank of the Water Division of the City of Dubuque, Iowa; and WHEREAS, U.S. West Communica- tions has agreed to relocate the conduit system ve~ically or boriz/ontally within the easement should it ever conflict with future piping plans of the water enter- prise of the City of Dubuque, Iowa; and tions has $1/, NOW, SOLVED, OF THE ( Section 2. That the City authorized and directed to publish ~otice for the disposition of interest in real property as required by the Code of Iowa in 1987 or as amended. Passed, approved and adopted this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Councri Member Pratt moved adoption of the Resolution and public hearing set for April 17, 1989. Seconded by Council Member Heckmann. Carried by the lowing vote: yeas--Mayor Brady, Coun- cil Members Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent-- Council Member Deice Communication of City Manager sub- mitring Progress Report on Freeway Cot- ~idor planning, presented and read. Council Member Kluesner moved that the communication be received and fried. Seconded by Council Member Pratt. Car- ried by the fo]lowing vote: Yeas--Mayor Brady, Council Me~nbers Heckmaun, Kluesner, Pratt, Simon, ¥oetheag. Nays--None. Absent--Council Member Deich. Communication of City Mauager pr(~ viding documents for solicitation of pro- posals for the Five Flags Civic Center Concessions, presented and read. Council Member Pratt moved that the communication be received aud filed and solicitations approved. Seconded by Counckl Member Kluesn~r. Carried by the foilowin4~ vote: Yeas--Mayor Brady, Council Members Heckmaun, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent~Councll Member Deich. 153 Regular Session, April 3, 1989 Passed, approved and adopted this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. C~aTied by the following vote: Yeas--Mayor Brady, Council Members Hechmann, Kluesner, Pratt, Simon, Voetberg. Nays-None. Absent--Council Member Deich. RESOLUTION NO. 116~89 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the WEST LOCUST STREET STORM SEWER REHABILITATION is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improveanente 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 19TH DAY OF APRIL, 1989. Bids shall be opened and read by the City Clerk at said time and will be submitted to tile Council for final action at 7:30 p.m. on the 1ST DAY OF MAY, 1989. Passed, approved and adopted tiffs 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetherg moved adoption et the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmmm, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. Communication of City Manager sub- ~nitting documente providing for Zoning Ordinance Sigu Section Amendment and requesting a sign amendment work ses- sion and a public hearing, presented and read. Council Member Heekmann moved that the communication be received and filed and set the date of April 27th for a Work Session. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Bredy, Council Members Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent-- Council Member Dalch. Communlcatinn of Planning and Zen- lng Commission submitting an Or- dinance revising the Sign Ordinance, Sec- tion 4-3 Sigq~ Regulations, presented and read. Council Member Heckmmm moved that the communication be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Khlesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. An ORDINANCE Revising the Zen- lng Ordinance of the City by repealing Section 4-3, Sign Regulations, and enact- ing a new Section 4-3, Sign Reg~flatinns, in lieu thereof to provide regulations for signs, presented and read. Council Member Heckmann moved that this be considered the first reading of che Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two counch meetings prior to tile meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1st day of May, 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 following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Regular Session Communication of Dottye Fitch, Plan- nLng end Zonhig Commission, pertaining to the proposed sign Ordinance amend- ment, presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: yeas--Mayor Brady, Council Members Heckmam~, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. Communication of City Manager sub- witting documents relative to the grant- ting of an easement to U.S. West Com- muhications at Asbury Water Tank Location, and to set the motter for public hearing, presented and read. Council Member Pratt moved that the commuhication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Abeent--Cenncll Member Deich. RESOLUTION NO. 117-89 RESOLUTION GRANTING AN EASEMENT FOR AN UNDER- GROUND CONDUIT SYSTEM TO U.S. WEST COMMUNICATIONS WHEREAS, U.S. West Communica- tions is requesting the installation of a conduit system on the westerly edge of City owned property at the location of the water storage tank on Asbury Road; and WHEREAS, more specifically the legal description of this easement would be the west six (6) feet of west 5 feet of Lot 1, all of Lot 2 and the west 130 feet of Lot 3 alllocated in Highland park Sub- division, City of Dubuque, Dubuque, Iowa; and WHEREAS, the granting of this ease- ment will not conflict with any of the cur- rent operations at the Asbury water storage tank of the Water Division of the City of Dubuque, Iowa; and. WHEREAS, U.S. West Communica- tions has agreed to relocate the conduit system vertically or horizontally within the easement should it ever conffict with future piping plans of the water enter- prise of the City of Dubuque, Iowa; and April 3, 1989 154 WHEREAS, U.S. West Communica- tions has agreed for the payment of $1,260.00 in consideration for the receipt ~f this easement, NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the gr onting of an ease- ment to U.S. Communications is hereby tentatively approved subject to a public bearing. Section 2. That the City Clerk be authorized and directed to publish a notice for the disposition of interest in real property as required by the Code of owe in 1987 or as amended. Passed, approved and adopted this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution and public hearing set for April 17, 1989. Seconded by Council Member Heckmann. Carried by the fol- lowing vote: Yeas--Mayor Brady, Coun- cfi Men~bers Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deich. Communication of City Manager sub- mitting Progress Report on Freeway Cot- rider Planding, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager pro- viding documents for solicitation of pro- posals for the Five Flogs Civic Center Concessions, presented and read. Council Member Pratt moved that the communication be received and filed and solicitations approved. Seconded by Coundll Member Kluesn~r. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--Nune. Absent--Council Member Deich. 155 Regular Session, April 3, 1989 Communication of City Manager recommending the Council authorize entering into a "Contract for Audit Set- vices" with Helle, Klosterman, and Co. for Fiscal Years ending June 30, 1989, 1990 and 1991, at a maximum annual fee of $34,000, presented and read. Council Member Kinesner moved that the communication be received and fried and approved Contract agreement and City Manager authorized to execute. Seconded by Council Member Pratt. Car~ ried by the following vote: Yeas--Mayor Brady, Council Members fteckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Absent--Counail Member Deich. Commtmication of City Manager sub- mitting a Resolution authorizing applica- tion to HUD for Section 8 Moderate Rehab Program Housing assistance for homeless persons, presented and read. Council Member Voetberg moved that the communication be ~eived and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. RESOLUTION NO. 118-89 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8 MODERATE REHABILITATION SINGLE ROOM OCCUPANCY PROGRAM. WHEREAS, the City of Dubuque recoginses the continuing unmet need for provision of assisted housing to the City's qualifying lower-income house- holds; and WHEREAS, the U.S. Department of Housing and Urban Development has made available funds to assist in provi- sion of assisted housing to homeless per- sons; and WHEREAS, and in accordance with Section 403A.5 of the Iowa Code winch sta~es "A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a report and recommen- datlon on housing available within the community is made public by the municipality or agency and is included in it recommendations for a housing project. Recommen- dations must receive majority ap- proval from the local governing body before proceeding on the housing projects." AND IN ACCORDANCE WITH Section 213(c) of the Housing and Community Development Act of 1974, winch states in part that we must determine whether or not there is a need for such housing assistance, taking into considera- tion any applicable State or area- wide housing assistance plan as well as generally available data with respect to population, pover- ty, housing overcrowding, housing vacancies and substandard hous- ing. An application may be ap- proved only if our determination is in the affirmative; and WHEREAS, tins application is consis- tent with the 1988-91 Housing Assist- ance Plan for the City of Dubuque as approved by the HUD Area Office in December, 1988. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque has determined there is a need for hous- ing assistance for homeless persons and is knowledgeable of the status of available housing within the City as re- quired by Iowa Code and that majority approval of the proposed housing activity within the City's jurisdiction is hereby granted. Section 2. That tSis resolution is in- tended to serve as the City of Dubuque's final notice to the U.S. Department of Housing and Urban Development of such approval and that no additional comment will be made by the City of Dubuque on this matter. Section 3. The Mayor is authorized and directed to submit an application to the U.S. Department of Housing and Urban Development for participation in the Sec- tion 8 Moderate Rehabilitation Program for single room occupancy. Section 4. The City of Dubuque Hous- lng Commission is hereby directed to Regular Session, April 3, 1989 156 conduct the necessary public hearings regarding tins application as soon as possible in accordance with requirements of Chapter 403.A.28 of the Code of Iowa, and to review and/or approve or suggest modifications of the plans for program design and administration of this pro- posed program. Section 5. The City Manager is hereby authorized and directed to forward said application and resulting standard ecuted contract to the respective agen- cles in a timely fashion and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted ttris 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption oI the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Delch. Communication of City Manager recommending that he be authorized to enter into, on behalf of the City, an operating agreement for the Bunker Hill Golf Course, for the period of March 1, 1989 through February 28, 1990 with George M. Stephenson, presented and read. Council Member Kluesner moved that the commuincation be received and filed and authorized City Manager to enter in- to agreement. Seconded by Council Member Pratt. Carried by the foriowing vote: Yeas--Mayor Brady, Council Mem- bers Heckmann, Khiesner, Pratt, Sbnon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of City Solicitor Blum submitting Ordinance Amendments de- leting all gender-type terms, as well as pronouns from the City Code, 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 Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. ORDINANCE NO. 21-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA, BY DEGENDER- IZING THE VARIOUS SECTIONS OF THE CODE OF ORDINANCES, pre- sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 21-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA, BY DEGENDER- IZING THE VARIOUS SECTIONS OF THE CODE OF ORDINANCES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delete the following gender terms and substitute therefor in accor- dance with the attached tables: Delete the Section following terms 1. 1-23 ins 2. 1-23 ins 3. 1-24(f)(4) him 4. 1-24(9(5) him 5. 1-24(f}(6) represent himself 6. 1-24(f)(6) his 7. 1-25(b) inm 8. 1-33 ins 9~ 1-33 ins 10. 1-34(9(5) inm or her 11. 1-34(9(6) represent inmself or herself and substitute therefor said witness' said witness' the witness said party self-representation the party's the appellant the witness' the party self-representation 157 Regular Session, April~__3, 1989 Delete the Section following terms 12. 2-4 his 13, 2,5(a) councilmen 14. 2-7(b) his 15. 2,7Ib) him 16~ 2-8 his 17. 2,23(b) He 18. 2-321e) his or her 19, 2-35(b) his/her 20. 2-36(b)16) he/she 21. 2,401c) he/she 22. 2,431b) his/her 23. 2-74 his his his 24. 2-84 he he 25. 2-85 his 26. 2,103(b) his 27. 2,103(c) his 28. 2,103(d) his he his his 29. 2-103(e) his 30, 2-104 his 31. 2-106(4) he 32. 2-107(5) he 33. 2-107(6) his 34. 2-108 he 35. 2-109 his 36, 2-142(1) he or she 37. 2-142(6) his ~ 38. 2-143 his 39, 2-144 He he him 40, 2-161 him 41. 2-162 He 42. 2-164 him 43. 2-165 his 44. 3-1 he his 45. 3-2 he 46. 3-36 his 47. 3-39(a) Iris his he he his 48. 3-39(b) his 49. 4-17 he 50. 4-18(b)(1) He 51. 4-18(b)(2) He and substitute therefor the city manager's councilmemher s the city clerk's the city clerk the mayor's The city clerk said member's the mayor's the presiding officer the mayor or the councilmember their said officer's said officer's said officer's the mayor the mayor the mayor pro tom's the person's the manager's the manager's the manager the manager's the manager's the manager's an the city manager the city manager the city manager's the manager a the corporation counsel the corporation counsel's the corporation counsel's Corporation counsel corporation counsel the city solicitor the city treasurer The city treasurer the city treasurer the city treasurer's the building official such such person the officer's the building official's the building officials' the balliding official or the building official's authorized representative the building official or the building official's authorized representuU~ve the building official's the building official's the city treasurer The enforcing authority The enforalng authority Section 52. 4-25 53. 4-65 54. 5-2 55. 5-2 56, 5-8 57. 5-23 58. 5-31 59. 5-33 60. 5-38 61. 6-98 62. 6-130 63. 6-151(1) 64. 6-151(4) 65. 7-1(c) 66, 7-18 67. 7-19 68. 7-41 69. 7-46(a) 7O. 7-47(b) 71. 7-75(2) 72. 7-84(1) 73. 7-84(5) 74. 9-8 75. 9-20(c) 76. 9-33(a) 77. 91/2-30(d) 78. 10-2 (201(eD 79. 10-2 (202(a)) 80. 10-2 (202(d)) 81. 10-2 (202(g)) Regular Session, April 3, 1989 158 Delete the following terms his him his he her/his her/his he/she his his him his his his his his his he his he him his or her his he his or her his or hex her his his him/her higher his his his his he/she his his he/she and substitute therefor the said officer the officer's the person the person's the person's said person an individual's the chief of police's the state director of beer and liquor control the director's any licensee's or permittee's the licensee's or permlttee's the licensee's or permittee's the licensee's or permittee's the licensee's or permittee's the applicant the applicant's the police officer such person such person's such person's such person such person's such person's such dog the owner's the health officer's such physician or veterinarian such physician's or veterinarian's the city manager's the health services officer's the health services officer's the such person the chief of police's the city manager's such official or employee higher he the official's or employee's the building official higher the building official's higher h~she h~she higher higher higher, the building official's the building official the building official the building official's the building official's the building official's his higher him/her the building official'§ the building official or the building official's authorized representative the building official's the building official or employee 159 Regular Session, April 3, 1989 Delete the Section following terms 82. 10-2 his (204(d)(2)) 83. 10-2 [tis or her (204(d)(10)) 84. 10-2 he (303(a)) 85. 10-191c) his his he he his 86. 10-20(a) he 87. 10-20(c) him 88. 10-21(c) him 89. 10-22(d) his 90. 10-22(e) his/her 91. 10-24(b)[d] be his 92, 10-25(a) he/she 93, 10-41(a)(5) his 94, 10-41(b) he 95~ 10-42(a) he 96, 10-44(d) his 97. 10-45(b)(3) he his 98. 10-45(c) him himself himself his 99. 10-48 his or its his or its his or its his or its 100. 11-17(a) his/her 101. 11-21 his 102. 13-18 he 103. 13-29(a) he 104. 13-29(c) his his 105. 13-29(c) he 106. 13-29(c) [tis credentials he his he his his and substitute therefor the building official's such party's the building official the building official's the building official's the building official or the building official's authorized representative the building official or the building official's authorized representative the building official's the building official such person the building official the appellant's such person's said person the building official's the building official the permJttee's the building official the building official the owner's the contractor the contractor's the contractor the contractor the contractor the contractor*s such person's, firm's or corporation's such person's, firm's or corporation's such person's, firm's or corporation's such person's, firm's or corporation's the city manager's the building official the building official the building official's the building official's the building official or the building official's authorized representative the building official's credentials or those of the building official's authorized representative the building official or the building official's authorized representative the building official's the building official or the building official's authorized representative the building official's the building official's Regular Session, April 3, 1989 160 Delete the Section following terms 107. 13-29(e) his 108. 13-29(f) he 109. 13-29(h) his his himself his him 110. 13-29(i) his 111. 13-32 his he 112, 13-33(a) his 113, 13-331b) his 114, 13-52(5) his 115. I3-52(6)(a) he 116. 13-53 he he his 117. 13-53(c) he he 118. 13-55 himself he 119. 13-56(a) he his 120. 13-70(a) he 121. 13-73 his 122, 13-83 he 123, 13-85(b) he his 124. 13-85(c) his his his 125. 13-91(b)(1) him his his 126. 13-93(a) him 127, 13-94 Every holder his or her his or her 128. 13-110 he 129. 14-2 his (2.301(a)) 130. 14-6 his 131. 14-8 his 132. 14-9(b) his 133. 14-9(c) his 134. 14-9(d) his 135. 14-34 his 136. 14-49 he or she 137. 15-16 he 138. 15-19 his 139. 17-17 bis 140. 17-21(b) his and substitute therefor the building official's the building official the building official's the building official's the building official the building official's the building official or employee the building official's the electrical inspector's the electrical inspector the electrical inspector's the electrical inspector's the permittee's the building official the building official ~he building official the holder's the permittee the permlttee that the owner is the owner the building official the building official's the building official the building official's such maintenance electrician the owner deleted the contractor's such person's the contractor's such person such person's such person's such electrical contractor, journeyman electrician or maintenance electrician All holders their their such person the owner's or lessee's the chief of the bureau of fire prevention's the chief of the bureau of fire prevention's such person's the fire chief's such person's the chief of the fire department's the chief the city manager the city manager's the city manager's such person's 161 Regular Session, April 3, 1989 Delete the Section following terms 141. 17-33(c) he his 142. 17-36(a) he/she 143. 18-54 his 144. 19-2 his (203(d)(2)) 145. 19-2 his (203(d)(10)) his or her 146. 19-2 his or its (308(a)) he or it 147. 19-2 his or her (308(a)(1)) 148. 19-2 his (308(c)) he he 149. 19-2 him (308(f)) his him 150. 19-2 he (App. B,2206) 151. 19 IA-9(e) he his his 152. 19 V2-9.1 his 153. 20-2 he (20-2.01) 154. 20-3 his (20-3.01(a)) 155. 20-3 his (20-3.01(c)) 156. 20-3 (20-3.0(c)) he he his his 157. 20-3 his (20-3.01(e)) he 158. 20-3 him (20-3,01(f)) his his 159. 20-3 he (20-3.01(f)) he 160. 20-3 his (20-3.01(g)) 161. 20-3 it (20-3.01(h)) 162. 20-5 his (20-5.02(d)(2)) and substitute therefor Deleted the city manageFs the city manager the city manager's the building official's the building official's such party's such person's, firm's, corporation's, partnersbip's or association's such person, firm. corporation, partnership or association such owner-occupant's the applicant's the applicant the applicant such individual such individual's such individual the building official the applicant such the the city manager's such person the health officer's the health officer's the health officer's the health officer the health officer the health officer's the health officer's the health officer's the health officer such owner such owner's such occupant the health officer's the health officer 163. 164. 165. 166. 167, 168. 169. 170. 171. 172. 173. 174. ~ Session, April 3, 1989 Delete the Section following terms 20-5 his or her the occupant's (20-5.02(d)(7)) 20-6 himself and substitute therefor said owner or operator (20-6.01(b)) 20-11 he the health officer (20-11.01(a)) 20-11 his the owner's (20-11.01(a)(3)1 his the owner's, operator's or 20-11 his the owner's (20-11.Ol(b)(4)) 20-11 his the owner's (20-11.01(b)(6)) he the owner he the occupant 20-13 his the appeliant's (20-13.01(b)) 20-13 his such person's (20-13.01(c)) 20-14 he such person (20-14.01(b)(4)) 20-14 he the health officer (20-14.01(c)(i)) 20-14 himself such owner or agent (20-14,02(a)) 20-15 he the health officer {20-15.01(a)) 175. 21-1 : 176. 21-27(4~ 177. 21-49(2) 178. 21-57(2) 179. 21-57(3) 180. 21-65(2) 181. 21-65(3) 182. 21-77 162 he the health officer himself such person his the respondent's iris the owner's or occupant's his the employer's his the employer's his the owner's he the occupant or owner his the occupant's or owner's Any person All persons himself themselves his such respondent's his or her such officer's or executive agent's his or her such officer's or executive agent's 183. 21-78 184. 21-82 (A)(2)(a) 185. 21-82 (A)(2)(b) 186. 21-82(c) 187. 22-5 188. 23-4 189. 24-5 190. 24-9 191. 24-31 him or her the respondent his such license holder's his such license holder's he the police officer his such member's he the member his the city manager's ' his such applicant's his such licensee's his tile city manager's 163 192. 193. 194. 195. 196. 197. 198. 199. 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210, 211. 212. 213. 214, 215. 216. 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. 229. Section 24-32 24-47 24-98(b) 24-101(a) 24-101(b)(1) 24-101(b)(2) 24-101(b)(3) 24-101(b)(4) 24-116 24-117(a) 24-118 24-118 24-119 24-121 Ord. No. 27-88,1 Ord. No. 27-88,4 25-19(2) 25-31(b) 24-45(a) 24-45(b) 25-78 25-139 25-140 25-143 25-144 25-146(c) 25-147 25-I48 25-151(b) 25-161(b) 25-167(5) 25-186(a) 25-196(2) 25-196(3) 25-196(4) 26-213(a) 25-266 25-274 Regular Session, April 3, 1989 Delete the following terms and substitute therefor bbs the health officer's trim the city mm~ager his/her the city sealer's his such person's he said person he/she such person be/she such person he/she such person he/she such person his/her the city manager's his/her the city manager's his/her the city manager's his/her the city manager's his/her the city manager's his/her the city mauager's his/her the city manager's bbm/her the city manager his or her the city manager's he or she the city manager his such person's bbs such driver's he such driver his such driver's his such driver's he such driver his such officer's he such person him such person his such person's his such person's him such person his such person's his the driver's him the commissioner his sucb driver's he/she such driver his such driver's be such driver be the accused he such driver he such driver he such driver his such driver's bis such driver's he such driver Regular Session, April 3, 1989 Delete the Section following terms 230. 25-275 Any person himself 231. 25-293 He him/her 232. 25-295 he/she 233. 25-307(2) him/her 234. 25-328.1(f) he 235. 25-339(a) his his 236. 25-339(a) his 237. 25-343(a) him 238. 25-358(a) him/her 239. 26-1(3) her/him 240. 26-11 his or her 241. 26-12 bbs or her his or her 242. 26-164 he 243. 27-65 his 244. 27-67(e) her/bbs 245. 28-3 his his 246. 28-18(a) him/her 247. 28-20 his 248. 28-23 bbm/her 249. 29-19 . chairman vice-chairman chairman his 250, 30-2 his (10.4(a)) 251. 3O-2 he {20.2(a)) 252. 30-2 his (20.2(c)) 253. 30-2 (20,2(c)) 254. 30-2 (20.2(e)) 255. 30-2 (20.2(~) 256. (30-2) (20.2(g)) 257, 30-2 (20.2(i)) 258. 30-2 (20.20)) and substitute therefor All persons themselves The city manager such owner or operator the city manager such owner or operator such person the cb/el of police's the street commissioner's the chief of police's the chief of police such holder such person such person's such person's their the owner such employee's the recreation director's the health officer's the health officer's the city clerk the city manager's the city manager chairperson vice-chairperson chairperson the chairperson's the building official the building official's his the building official's the building official bbs he his his his the building official's the building official the building official's the building official's the building official's his the building official's he the building official the building official his the building official's his himself his him his the building official's the building official. the building official's the building official the building official's 164 165 Reg._._ular Session, April 3, 1989 259, 30-2 his (20.4(d)(2)) 260. 30-2 his (20.4(d)(10)) 261. 30-2(20,5) he 262. 30-2(20.6) he 263, 30-2 his (20.8(a)(5)) 264. 30-2 he (20.8(b)) 265. 30-2 he (20~9(a)) 266. 30-2 he (20.9(a)) his 267. 30-2 He (20.13(f)1 he 268, 30-2 his (20.13(g)) 269. 30-2 (20.13(h)) 270. 30-2 (318(b)(10)) his his he himself 271. 30-2 his (1206(c)) 272. 30-2 he (1206(d)) himself 273. 31-1 himself he 274. 31-2 he 975. 31-3 he 276. 31-4 his 277, 31-12(a) his 278. 31-12(b) his 279. 31-12(c) his 280. 32-4(e) his 281. 33-1 he 282. 33-2(3) he 283. 33-2(5) }tim 284. 33-3 he 285. 33-4 he 286. 33-5(a) he 287. 33-6 he 288. 33-7 he 289. 33-25 he himsalf his he his 290. 33-44 himself his 291. 33-35 he 292. 33-36 he 293. 33-48 his 294. 33-54 him the building official's the building official's the building official the building official the permittee's tim building official the building official the building official such holder's A journeyman plumber said journeyman plumber such master plumber's such master plumber's such person's the building official's the building official the building official the building official's the administrative authority the administrative authority such person such person such person such person such person's such person's such person's such person's the manager's such person such person such person such person such person such person such person such person such person such person such person's such person such person's the city manager the city manager the city mauager's the city manager Regular Session, April 3, 1989 295. 33-78(a) his 296, 33-78(b) his 297. 33-78(c) his 298. 33-85 he 299. 33-86 he 300. 33-91 he 301. 33-107 him/her 302. 33-111(a) her]him himself/herself him/her 303. 33-113(b) his/her 304. 33-113(c) his/her his/her 305. 33-117(b) he/she 306. 34-17 he 307. 34-26 he 308. 36-11 his 309. 36-13 his 310. 36-31(e) }tis 311. 36-32 his 312. 36-35 his 313. 36-36 his him 314. 36-38(a) his 315. 36-44 he He 316. 36-48(a) his 317. 36-48(b) . he 318. 36-50 he 319. 36-50(d) him his 320, 36-50(d) he 321. 36-70(b){8) his 322. 36-74(b)(1) his 323. 36-74(b)(2) Iris 324. 36-93 his 325. 36-103(a) he 326. 36-103(b) himself 327. 36-105 his 328. 36-106(b) his 329. 36-106(i) his 330. 36-125 he 331. 36-126 he 332. 36-136(b) he him 333. 36-147(f) he 334, 36-153(a) his 335. 36-172(b)(4) his 336. 36-176(b)(5) his 337. 36-181(a) his 338. 37-23(b)(1) his 339. 37-23(b)(2) his 340. 37-26 workmen 341. 37-50 he 342, 38-72 chairman Appendix A 343. 3-5.3 his (H)(2)(e) 166 the city manager's the city manager's the city manager's the city manager the city manager the city manager the city engineer the permit holder the permit holder such permit holder the permit l~older's the permit holder's the permit holder's such person such person the subdivider the city manager's the owner's the owner's all the owner's the owner's the owner the city manager's the city manager The city manager the city manager's the city manager the city manager such owner, agent or occupant such owner's, agent's or occupant's such owner, agent or occupant the city manager's such inspector such person the owner's such plumber or other person such party the city manager the owner the city manager the local cable manager's the local cable manager's the subscriber's such representative's workers the city manager chairperson the permittee's 167 Regular Session, April 3, 1989 344. 3-5.3 his 345. 3-5.3 his (H)I3) Ms 346. 3-5.3 his (H){3)(g) 347. 3-5.3 his (H)(4) 348. 3-5.3 his 349. 4-4.3 he/she 350. 4-4.8(1) his/her 351. 4-4~8(2) his/her 352. 4-4.8(3) his/her 353. 4-7.3(b) his or her 354. 5-1(B)(2) he 355. 5-1(B)(3) him 356. 5-2 he 357. 5-3.2(A) chairman chairman his chairman 358. 5-3.4(A) his 359. 5-3.5(A) his 360. 5-4.1(2) he 361, 5:4.113) him 362, 5-4,2 his 363. 5-5(C) him his the city manager's the city manager's the city manager's the city manager's the city manager's the city manager's the city development planner the city planner's the city planner's the city planner's such individual's the zoning administrator the zoning administrator the building commissioner chairperson chairperson the chairperson's chairperson the zoning administrator's the zoning administrator's the zoning administrator the zonihg administrator the zoning administrator's such officer Appendix B 364. 8.4 Mm/herself he]she Section 2. This Ordinance shall be in full force and effect immediately upon its final adoption and publication as pro- vided by law. Passed, approved and adopted this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of April, 1989. Mary A. Davis City Clerk It 4~12 Council Member Pratt moved this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which such holder such citizen it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members ~Ieckmann, Klueaner, Pratt, Simon, Vcotberg. Nays--None. Absent--Council Member Daich. Commanicotinn of City Manager re- questing modifica~Aon to the current CIP to provide for removal of aslJestos in various places at Eagle Point Water 'lant in an amount not to exceed $20,000, presented and read. Council Member Voetberg moved that the communication be received and filed and approved modification. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager Regular Session April 3, 1989 168 requesting approval of an Addendum to the Highway 61 Pre-Construction Agree- ment providing for widening of the in- tersection at First and Iowa Streets to accommodate the Railroad realignment, presented and read. CouncilMember Voetberg moved that the communication be received and filed. Seconded by Councfi Member Khiesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Sknon, Vcetberg. Nays--None. Absent--Councfi Member Daich. RESOLUTION NO. 119-89 RESOLUTION APPROVING AN ADDENDUM TO A PRECONSTRUC- TION AGREEMENT RELATED TO THE HIGHWAY 61 PROJECT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, a primary road extension Improvement Agreement was signed be- twean the City of Dubuque and the Iowa Department of Transportation on March 6, 1973 and April 4, '1973, respectively; and WHEREAS, the design of this facili- ty has been consummated by the Iowa Deportment of Transportation and the Department now has plans for awarding contracts for the construction of the facility; and WHEREAS, a Preconstrucfion Agree- ment identified as I.D.O.T. Agreement #8%4-210 was executed by the City and the Iowa Department of Transportation on January 31, 1989 and February 17, 1989, respectively; and WHEREAS, this Addendum furti~er describes details on the v~rious bridge structures to be constructed as pact of the project; and WHEREAS, this Addendum further identifies storm sewer installations associated with the 61 Project for which the City will be responsible for approx- imately 84% of tile actual cost. The estimated cost for the phases 9uthned in the Addendum Agreement would repre- sent a tetai estimated cost to the City of $633,434.00; and WHEREAS; as part of the early stage of construction of U.S. 61, certain railroad relocations will be required within the City. One of these will be the modification of the rail systems in the proximity of 1st and Iowa Street. At this location, 1st Street will be closed and Iowa Street will be temporarily widened to accommodate traffic in this area and also to provide effective separation be- tween the rail and vehicular traffic; and WHEREAS, the Iowa Depm-tment of Transpm'tetion will be assuming 100% of the total cost of the widening of Iowa Street at the intersection of Iowa Street and 1st Street and the Addendum to the project agreement provides for LD.O.T.'s commitment for payment to the City upon completion of the temporary widening. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council ap- proves the Addendum identified as I.D.O.T. Addendum #89-A-143 to Preconstruction Agreement identified as I.D.O.T. Agreement #87-4-210 executed between the City and I.D.O.T. on Jan- uary 31, 1989 and February 17, 1989, respectively. Section 2. That the Mayor be author- ized and directed to execute two (2) copies of this Addendum to the Preconstruction Agreement with the Iowa Department of Transportation. Passed, approved and adopted this 3rd day of April, 1989. Jmnes 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 Heckmann, Rluesner, Pratt, Simon, Voetberg. Nays--None. Absent Council Mexni)er Deich. Communication of Sandra Kirkbride pertaining to further consideration of the Sexual Orientation Ordinance, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, 169 Regular Session, April 3, 1989 Cotmcil Members Heckmaun, Kluesner, Pratt. Nays--Council Members Simon, Voetberg. Absent--Council Member Deich. Communication of ECIA requesting appointment of a Council Member to NE Iowa Regional Coordinating Council (replacing Council Member Heckmann), presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Vcetberg, Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, K1uesner, Pratt, Simon Voetberg. Nays--None. Absent--Council Member Deich. BUSINESS LICENSES: Loras Col- lege requesting temporary transfer of Beer Permit for April 7, 1989 to Touhy Auditorium and for April 29 to Cox Street Lot, presented and read. Council Member Kluesner moved that the transfers be approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 120-89 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. Donna and Kay's, Inc. Paradise Inn 1602 Central Ave. Passed, approved and adopted this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klusener moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 121.89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approvai and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of tbis City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that tbe Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT S & D Concessions, Inc, 1 Admiral Sheehey Dr. McAlleece Recreation Field (Also Senday Sales) CLASS "C" BEER PERMIT Hartig Drug Company 157 Locust (Also Sunday Sales) Sunshine Mart of Dubuque, Ltd 430 Rhomberg Ave. (Also Sunday Sales) CLASS "BE" BEER PERMIT B & M Convenient Mart Oky Doky #7 3301 Pennsylvania (Also Sunday Sales) Passed, approved and adopted this 3ed day of April, 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 Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. RESOLUTION NO. 122-89 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 cupied by such applicants were inspected Regular Session, April 3, 1989 170 and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Judith A. Botsford Betsy's 1027 Rhomberg Ave. Jeannine A. Kersch Idle Hour 1555 Central Ave. (Also Sunday Sales) John W. Noonan Noonan's Tap 1618 Central Ave. (Also Sunday Sales) Marco's 2022 Central Ave. Laura A, Murphy Murph's Southland Tap 55 South Locust Knights of Calumbus Council #510 781 Locust St. (Also Sunday Sales) Passed, approved and adopted this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundl Member Kluesncr moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent Council Member Daich. MINUTES SUBMITTED: Civil Ser- vice Commission of 3-14; Dubuque In Future, Inc, Board of 2-9; Electrical Examining Board of 3-14; Five Flags Comm. of 2-20 & 3-20; Housing Code Review Comm, of 3-8; Human Rights Comm. of 3-13; Mechanical Board of 3-21; Police and Fh'e Retirement Bom'd of 3-16; police Retirement Bd. of 3-16; Park & Recreation Commission of 3-14; Public Library Board of Trustees of 3-16; Tran- sit Trustee Bd. of 3-8; presented and read. Council Member Voetberg moved that tke minutes be received and filed. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas Mayor Brady, Council Members Heckmann, Klucsner, Prat~, Simon, Voetberg. Nays--None. Absent--Council Member Deich. NOTICES OF CLAIMS/SUITS: Ronald J. Conrad in amount of $654.46 for vehicle damages; Pattie Rae Grothe in unknow~ amount for personal injuries; State Farm Insurance on behalf of Timothy & Laurie Liebdid in mnount of $247.80; Kristie R. whirr, minor, by her mother Vickie L. Owens, in mnount of $220 for personal injuries; Attorney Wm. Fuerste for Marllyn Fuller in unknown amount for personal injuries; Patrick L. Connolly in amount of $25 for tire damages; Jesse A. Barrels in amt. of $110 for personal losses, 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 Heck- mann, Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. Communication of Corporation Counsel recommending closure on claims of Thomas Rooney for personal injuries and Lisa M. Wardle for personal injuries, presented and read. Council Member Voetberg moved that the communication be received and filed and recommendations approved, Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Cmnmunication of Corporation Counsel recommending settlement of tire damage claim of John Hoffman in amount of $77.54; car damage claim of Rhonda Revelle in the muount of $22.05; mail box damage claim of Robert Will- man in the amount of $30, presented and read. Council Member Voetberg moved that the communications be received and filed and claim settlements be approved with 171 Regular Session April 3, 1989 Finance Director to issue proper check. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Dalch. Communication of City Manager sub- mitring summary materials on the Fiscal Year 1990 Adopted Budget, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member He&- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members He&mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Abeent--Coundl Member Dalch. ABSTRACT OF ELECTION IT IS HEREBY CERTIFIED THAT, on the 20th day of March, A.D., 1989, the undersigned Eldon Herrig, Donna Smith and Alan Manternach as the Dubuque County Board of Supervisors met as a Board of Canvassers, as provided by law, in Dubuque County Courthouse in Du- buque County, Iowa, and canvassed the election returns from all the voting precincts in said County, for votes cast at the election held therein on the 14th day of March, A.D., 1989 for each office on the ballot and the number of votes for and against each question submitted by said City the result of said canvass be- ing as follows: FOR THE SPECIAL PROPOSITION: Shall the City of Dubuque, Iowa issue its bonds in an amount of $8,245,000.00 for the purpose of reconstructing, improving and equipping of swimming pools. There were eight thousand nine hundred seventy-six (8,976) ballots cast, of which seven thousand three hundred and seven- teen (7,317) votes were for the proposi- tion, and one thousand six hundred forty- one (1,641) votes were against the proposition. WITNESS, our signatures, this 20th day of March, A.D., 1989. Can'~assers: s/Eldon T. Herrig, Chairperson s/Donna Smith, Member s/Alan Manternack, Member Council Member Voetherg moved that the Canvass 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 Heckmann, Kluesne~-, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Belch. March 28, 1989 Honorable Mayor and Members of the City Council In accordance with Cha~ter 400 of the 1987 Code of Iowa, the Civil Service Commission conducted written examina- tions on December 13, 1988 and January 12, 1989 with Physical Agility 'rest be- ing given on February 23, 1989 for the position of POLICE OFFICER-Entrance Level. We hereby certify that the following in- dividuals have successfully passed both the w~tten and physical agility tests and are hereby qualified to be considered for the position of police Officer for the City of Dubuque, Iowa. Onufrak, Paul Weis, Dave, II Day, Patrick Fairchild, Riley Prine, Dwalne Fangman, Eugene Dalsing, Mark Reavell, Thomas Koranda, Brad Poehler, Gary A second list is available for certifica- tion when needed. Respectfully submitted, s/Pat Dillon · Chairperson s/Robert M. Miller s/Gerald J. Koppes Civil Service Commission Council Member Voetberg moved that the certification 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 Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-Council Member Deich. Communication of City Manager transmitting a Resalution approving an agreement between Dubuque Main Street, Ltd., and the City for provisions and implementation of a Downtown Revitalization Plan, presented and read. Regular Session, April Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the fullowing vote: Yeas--Mayor Brady, Council Members tteckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Member Daich. RESOLUTION NO. 123-89 A RESOLUrrION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE MAIN STREET, LTD., AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque, Iowa has negotiated with Dubuque Main Street, Ltd. to provide and implement a Downtown Revitalization Program; and WHEREAS, the terms and conditions under which Dubuque Main Street, Ltd. will be funded for providing such services are set forth in a Fuhding Agreement, a copy of which is hereto attached and by this reference made a part tbereof; and WHEREAS, the activities as de- lineated in the Funding Agreement com- ply with the primary objectives of the Housing and Community Development Act of 1974, as mnended [570-200(3)], and comply with one or more of the "National Objectives" [570,208(a)]. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa, and Dubuque Main Street, Ltd. be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adoptgd this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 3, 1989 172 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager sub- mitting a Resolution approving a Fund- ing Agreement between the City and the Washington Neighborhood Tool Library for Fiscal Year 1990, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. About--Council Member Deich. RESOLUTION NO, 124.89 WHEREAS, the City of Dubuque, Iowa, has negotiated with the Wash- ington Neighborhood Tool Library, Inc., to provide previously supplied services for the expressed purpose of aiding the City of Dubuque to prevent the spread of slum and blight witlfin the City; and WHEREAS, the terms and conditions under which Washington Neighborhood Tool Library, Inc., will he funded for prc, viding the services as set forth in a Fund- ing Agreement, a copy of which Agree- ment is hereto attached and by this reference made a part thereof; and WHEREAS, the activities as delin- eated in the Fanding Agreement comply with the primary objectives of the Hous- ing and Community Developement Act of 1974 as amended [570.200(3)], and com- ply with one or more of the "National Ob- jectives'' [570.208(a)]. NOW, THEREFORE, BE IT OR- DAINED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa, and the Washington Neighborhood Tool Library, Inc., be and the same is hereby approved. Section 2. That the City Manager he and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. 173 Regular Session April 3, 1989 Passed, approved and adopted this 3rd day of April, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich, Iowa DOT advising of Notice of Ap~ praisement of damages and time for ap- peal tot Linehan and Molo, Inc., Molo Oil Co., Do, Inc. dib/a Hardee's; Dodge House Corp., City of Dubuque, regarding the matter of the condemnation oI cer- tain rights in land by the Iowa DOT for the improvement of U.S. 61 in the City, presented m~d read. Council Member Voetberg moved that the notices be received and filed. Second- ed by Council Member Heckmann. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. NOTICE of Dismissal in the matter of the condemnation of certain rights in land (Group P-Parcel 317-318) by the Iowa DOT for the improvement of Pri- mary Road U.S. No. 61 in the City, presented and read. Council Member Voetberg moved that the Notices be received and filed. Second- ed by Council Member Heckmann. Car- fled by the following vote: Yeas--Mayor Brady, Council Members Heckmmm, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Daich. Proof of publication on List of Claims for month ending February, 1989, pre- sented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-Council Member Deich. 8:30 p,m. Council Member Kluesner moved to go into CLOSED SESSION to discuss strategy with Counsel in matters that are presently in litigation in hccor- dmwe with Chapter 21.5(1)(c) of the Iowa Code. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Council Member Deich. 9:21 p,m. Council reconvened. Council had given direction to Legal Counsel on pending litigation and also where litiga- tion is imminent. Tbere being no further business, Coun- cil Member Kluesner moved te adjourn. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Meeting adjourned at 9:22 p.m. Mary A. Davis City Clerk Approved_ 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk Board of Health April 17, 1989 BOARD OF HEALTH OFFICIAL Regular Quarterly Meeting, April 17, 1989. Baord met at 7:25 p.m. at the Public Library Auditorium. Present--Board Members Deich, Heckmann, Kluesner, Simon, Voetberg. Absent--Chairperson Brady, Board Member Pratt. Chairpexson Pro-Tern Heckmann read the call and stated this is the QUARTERLY MEETING OF THE BOARD OF HEALTH called for the purpose to act upon such business which may properly come before the Board. No business being brought before the board. Board Member Deich moved that the meeting adjourn. Seconded by Board Member V~etberg. Carried by the follow- ing vote: Yeas--Chairperson Pro-Tem Heckmann, Board Members Deich, Kluesner, Simon, Voetberg. Nays--None. Absent--Chairperson Brady, Board Member Pratt. Mary A. Davis Secretary, Board of Health Approved__1989 Adopted 1989 Chairperson Board Members ATTEST: Secretary, Board of Health 174 175 Regular Session, April 17, 1989 CITY COUNCIL OFFICIAL Regalar Session, April 17, 1989. Council Met at 7:30 p.m. in the Public Library Auditorium. Present--Council Members Deich, Heckmann~ Kluesner, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindah] Absent at roll call--Council Member Pratt. Absent--Mayor Brady. Mayor Pr~-Tem tteckmaun read the call and stated this is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Council Member Pratt entered at 7:33 INVOCATION was given by Chuck Mills, Seminarian at the University of Dubuque Theological Seminary. PROCLAMATIONS: April 21 and 22 as "Rotary Days" received by Ken Kellehan; April 29th os "Arbor Day" received by Steve Pregler; April 20-May 6th as "American Home Week" received by Dave Hansel; April 30 through May 7, 1989 as "Days of Remembrance of the Victims of the Holocaust"; Month of May, 1989, as "Productivi- ty and Quality Improvement Month" received by S. Balachondran. Mayor Pr~-Tem Heckmann swore in the Youth in Government Mayor Ryan Gill. Youth Mayor Gill swore in Youth City Manager Ann Gorten, Youth City Clerk Heidi Ke~nier, and Youth Corpora- tion Counsel Kurt Tressel and Youth City Council Members Stephanie Chan, Jill Doerr, Jamie Frommelt, Jon Hedn. Youth Council Members Keri Hird and Proof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specs. for the compressed Air Sys- tem and Bus Exhaust System -- Keyline Transit Facility, presented and read. Council Member Simon moved tlmt the rules be suspended to allow anyone present to address the Council. Second- ed by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Si~non, Voetberg. Nays--None. Absent--Mayor Brady. There were no written objections re~ived and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publica- tion be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tem Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 125-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 29TH DAY OF MARCH, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the COMPRESSED AIR SYS- TEM AND BUS EXHAUST SYSTEM -- KEYLINE TRANSIT FACILITY. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 17th day of April, 1989. James M. Heckman ~ Mayor Prc~Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the . following vote: Yeas--Mayor Pro-Tem Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Regular Session Publisher, on Notice to Bidders on the receipt of bids for the project, AND Com- munlcation of City Manager recorrmaend- lng to award contract for project, presented and read. Council Member Simon moved that the proof and communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas- Mayor Pro-Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Abeent-Mayor Brady. RESOLUTION NO. 126-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the COMPRESSED AIR SYSTEM & BUS EXHAUST SYSTEM AT THE KEY- LINE TRANSIT FACILITY pursuant to Resalu~on No. 96-89 and notice to bid- ders published in a newspaper published in the City ot Dubuque, Iowa on the 24TH DAY OF MARCH, 1989. WHEREAS, said sealed proposals were opened and read on APRIL 11, 1989 and it has been determined that the bid of SCHWARTZ PLUMBING & HEAT- ING OF DUBUQUE, IOWA in the amount of $62,620.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifi- cations. 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 SCHWARTZ PLUMBING & HEATING and the Manager be and is hereby directed to ex- ecute a contract on beimlf of the City of Dubuque for the complete performance of the work. The contract is being award- ed subject to approval by Urban Mass Trtu~sportation Administration. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the cbntractor's bond, the City Treasurer is authorized and instructed to return the bid deposits ot the unsuccessful bidders. Passed, approved and adopted this 17th day of April, 1989. April 17, 1989 176 James M. Heckman Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simou, Voetberg. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider granting an Easement for an underground Conduit System to U.S. West Communications, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Cotmeil Member Pratt. Car- ried by the following vote: Yeas~Mayor Pro-Tern Heckmaun, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-Mayor Brady. RESOLUTION NO. 127-89 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 April 7, 1989, the City Council of the City of Dubuque, Iowa met on the 17 day of April, 1989 at 7:30 p.m. in the Public Library Auditorium, ~lth and Locust Streets, Dubuque, Dubuque County, Iowa to consider the proposal to the grantfug of a right-of-way permit (easement) on the West six (6) feet of real estate on lot identified as: West 5' of Lot 1, all of Lot 2 and the west 130' of Lot 3 all located in Highland Park Subdivision, City of Dubuque, Dubuque Coun- ty, Iowa to Northwestern Bell (U.S. West Cmnmunications); and 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 indicated interest of the City of Dubuque, Iowa in the bore- inabove described real estate to North- Western Bell (U.S. West Communica- tions). 177 Regular Session April 17, 1989 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the granting of a right- of-way permit (easements) by tim City of Dubuque, Dubuque County, Iowa on the West six (6) feet of property described as the west 5' of Lot 1, ali of Lot 2 and the west 130' of Lot 3 alllocated in Higldand Park Subdivision, City of Dubuque, Dubuque County, Iowa to Northwestern Bell (U.S. Communications) be and the same is hereby approved for the sum of $1,260.00 in accordance with the right- of-way permit (easement copy attached and considered a part hereof.) Section 2. That the Mayor be author- ized and directed to execute a copy of the right-of-way permit (easement) on the above described real estate to North- western Bell (U.S. West Communica- tions) and that the City Clerk be and is hereby directed and authorized to deliver' a copy of the right-of-way permit !ease- ment) on the above described real estate to the above named party upon the receipt of $1,260.00. Section 3. That the City Clexk be and is hereby authorized and directed to record a certified copy of this right-of-way permit (easement) in the offices of the City Assessor, Dubuque County Re- corder, and Dubuque County Treasurer. Passed, approved and adopted this 17th day of April, 1989. James M. Heckman Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Heckmann, Council Members Delch, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Corporation Counsel advising of settlement of Hauten vs. City of Dubuque, presented and read, Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Pro-Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-Mayor Brady. RESOLUTION NO. 128-89 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $650,000 GENERAL OBLIGATION BONDS FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICA- TION OF NOTICE THEREOF WHEREAS, it is deemed necessary and edvisable that tbe City of Dubuque, Iowa, should issue General Obligation Bonds to the mnount of $650,000, as autborized by Section 384.25, of the City Code of Iowa, for the purpose of pro- viding funds to pay costs of carrying out ~n essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessm~J 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 meeting at which tbe 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 Library Auditorium, Dubuque, Iowa, at ~:30 o'clock p.m., on the 1st day of May, 1989, for the purpose of taking action on the matter of tbe issuance of $650,000 General Obligation Bonds for an essen- tial corporate purpose of said City, the proceeds of wbich bonds will b9 used to provide funds to pay costs of settling and adjusting legal indebtedness of the City evidenced by a judgment rendered against the City. Section 2. That tbe Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not less than four clear days nor more than twenty days before the date of said Regular Session, April 17, 1989 public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantialiy the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PRO- POSED ISSUANCE OF $650~000 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 1st day of May, 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 $650,000 General Obligation Bonds for an essential cor- porate purpose of said City, in order to provide funds to pay costs of settling and adjusting legal indebtedness of the City evidenced by a judgment rendered against the City. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said Ci- ty, to the above action. After ali objec- tions have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional ac- tion for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Coun- cil of Dubuque, Iowa, as provided by Sec- tion 384.25 of the City Code of Iowa. Dated this 17th day of April, 1989. Mary A. Davis City Clerk of Dubuque, Iowa Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resofution, with Hearing set for May 1, 1989. Seconded by Council 178 Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Heck- mann, Council Membexs Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager sub- mitring documents providing for the bid- ding process for the painting of the ceil- ing and ballroom walls of the Five Flags Civic Center, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voeti)erg. Carried by the following vote: Yeas-- Mayor Pro-'rem Heckmann, Council Members Dalch, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 129-89 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for ~ CEILING & BALL- ROOM WALLS OF THE FIVE FLAGS CIVIC CENTER, in the estimated amount of $102,000.00, are hereby ap- proved aud ordered filed in ti~e office of tbe City Clerk for public inspection, Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pr~Tem ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tem Heckmann, Council Members Deicb, Khicsner, Pra£t, Simon, Vcetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 130-89 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on tbe proposed plans, specifications, and form of contract 179 Regular Session April 17, 1989 and placed same on file in the office of the City Clerk for public inspection of the PAINTING OF CEILING & BALL- ROOM WALLS OF THE FIVE FLAGS CIVIC CENTER. NOW, THEREFORE, BE IT RE- SOLVED, that on the 5TH DAY OF JUNE, 1989, a public hearing will be held at 7:30 p.m. in the PUBLIC LIBRARY AUDITORIUM at which time interested persons may appear and be heard for or agtfinst the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Te~n Heckmann, Council Members Dcich, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 131-89 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the PAINTING OF CEILING & BALLROOM WALLS OF THE FIVE FLAGS CIVIC CENTER is hereby ordered to be advertised for bids for con~tructinn. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shah be in an amount which shall conforln to the provisions o£ the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted, That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in tile 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 18TH DAY OF MAY, 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 5Tl~t DAY OF JUNE, 1989. Passed, approved mid adopted this 17th day of April, 1989. Jmnes M. Heckmann Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager sub- mltting documents providing for tbe bid- ding process for the relocation of an existing Sanitary Sewer on Southern Ave., required for the construction of Relocated 61 through the City, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Pro-Tern Heckmann, Council Members Daich, Kinesner, Pratp, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 132-89 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the SOUTHERN AVENUE SANI- Regular Session, April 17, 1989 180 TARY SEWER RELOCATION, in the estimated amount of $70,647.13, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 133-89 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 SOUTHERN AVENUE SANITARY SEWER RELOCATION. NOW, THEREFORE, BE IT RE- SOLVED, that on the 15TH DAY OF MAY, 1989, a public hearing will be held at 7:30 p.m. in the PUBLIC LIBRARY AUDITORIUM at which time interested persons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideratk)n. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or estimated cost of the improv6ment. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the fallowing vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Mayor 'Brady. RESOLUTION NO. 134-89 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the SOUTHERN AVENUE SANITARY SEWER RELOCATION is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in the mnount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the constructinn of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa. which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 3RD DAY OF MAY, 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 15TFI DAY OF MAY, 1989. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tem Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. 181 Regular Session, April 17, 1989 Commmfication of City Manager sub- mitting documents initiating the public bidding procedure for the 1989 Asphalt Maintenance Project, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Pr~-Tem Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 135-89 PRELIMINARY APPROVAL OF PI~NS AND SPECIFICATIONS NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 1989 ASPHALT MAINTENANCE PROJECT, in the estimated amount of $348,150.15, are hereby approved and orderd filed in the office of the City Clerk for public inspection. Passed. approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tern ATI'EST: Mary A. Davis City Clerk Council Member Simon xnoved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Dcich. Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 136-89 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 1989 ASPHALT MAINTENANCE PROJECT. NOW, THEREFORE, BE IT RE- SOLVED that on the 15TH DAY OF MAY, 1989, a public hearing will be held at 7:30 p.m. in the PUBLIC LIBRARY AUDITORIUM at which time interested persons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may pear and file objections to the proposed plans, specifications, contract, or esti- mated cost of the improvement. Passed, approved and adopted this 17th day of April, 1989. Jmnes M. Heckmann Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Cotmcil Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 137-89 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1989 ASPHALT MAIN~ TENANCE PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 4TH DAY OF MAY, Regular Session, April 17, 1989 182 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 15TH DAY OF MAY, 1989. Passed, approved and adopted this 17th day of April, 1989, James M. tteckmann Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetherg. Nays--None, Absent--Mayor Brady. Communication of City Manager responding to request of Wayne Whitten- baugh to pm. chase Lot 1 of Lot 16 in J.P. Porter's Addition, and setting a public hearing for the disposition of City's in- terest in this property, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Pro-Tern Iteckmann, Council Members Deich, Kiuesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 138-89 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 1 OF LOT 16 IN J.P. PORTER'S ADDITION TO WAYNE WHITTENBAUGH WHEREAS, the City of Dubuque ac- quired Lot 1 of Lot 16 in J.P. Porter's Addition in 1975 for back taxes; and WHEREAS, the adjacent property owner, Mr. Wayne Whittenbaugh is desirous of acquiring this parcel of property. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in Lot 1 of Lot 16 in J.P. Porter's Addi- tion to Wayne R. and Patricin L. Whittenbangh. Section 2. That the conveyance of the City's interest shall be for the sum of $300.00 tegetber with publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as pre- ;cribed under Section 364.7, Disposal of Property, Code of Iowa, 1987 or amendcdi Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution setting matter for Hearing on May 1. 1989 at 7:30 p.m. in the Fubllc Library Auditorium and that the City Clerk publish notice in the man- ner provided by law. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Mayor Pro-Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager responding to request of Dubuque Bm~ and Trust Co. for vacating an existing ~ublic utility easement located between Lots 1 and 2 in Babcock's Addition, and setting a Public Hearing for the vacating ~f this utility easement, presented and read. Council Member Simon moved that the connnunication be received and filed and set for Hearing at Council Meeting of May 1, 1989 at 7:30 p.m. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Conncil Members Deich, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager sub- mitring documents regarding a proposed amendment to the Fiscal Year 1989 Budget and requesting that it be set for Public Hearing, presented and read. Council Meanber Simon moved that the communication be recbived and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Pro-Tern Heckmann, Council Members Dalch, Kluesner, Pratt, Simon, 183 Regular Session, April 17, 1989 Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 139-89 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 1989 BUDGET AND DATE OF PUBLIC HEARING WHEREAS, it is proposed tl~at the City of Dubuque amend its Fiscal Year 1989 budget; m~d WttEREAS, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on such a budget amendment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution, setting matter for Public Hearing on May 1, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk pubfish notice in the manner prescribed by law. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Pl~mning and Zon- Lng Commission recommending approval to reclassify property located at 2349 and 2365 University from R-1 to OR upon re- quest of Steven Boge, presented and read. Council Member Khiesner moved that the communication be received and filed. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas-- Mayor Pro-Tern Heckmann, Council Members Deich, Kinesner, Pratt, S~mon, Vcetberg. Nays--None. Abeent--Mayor Brady. An ORDINANCE Amending Zoning Ordinance by reclassifying property at 2349 and 2365 University Ave. from R-1 Single F~unlly Residential District to OR Office Residential District, presented and read. Council Member Kluesner moved that this be considered the first reading o£ the Ordinance, and that the requirement that a proposed Ordinance be considered and ~oted on for passage at two council meetings prior to the meeting at whicb it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinal~ce on the 1st day of May, 1989 at 7:30 p.m. and that the City Clerk publish notice in thc manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None, Absent--Mayor Brady. Communication of Planding and Zon- ing Commission recommending approval to reclassify property adjoining Night- engale Lane from AG and R-1 to CS, upon request of Krieg Boys Ice, presented m~d read. Council Member Kluesner moved that the communication be received and filed. Seconded by Coundfl Member Voetherg. Carried by the following vote: Yeas-- Mayor Pro-Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Mayor Brady. An ORDINANCE Amending Zoning Oydinance to reclassify property adjoin- ing Nightengale Lane from AG Agrl- cultural District and R-1 Single Family Residential to CS Commercial Service and Wholesale District, presented and read. Council Member Kluenser moved that this be considered the first reading of the Ordin~ce, 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 Heav- ing be held on the proposed Ordinance on the 1st day of May, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the man- ner prescribed by law. Seconded by Regular Session, April 17, 1989 184 Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Planning and Zon- ing Commission recommending approval to reclassify property south of Patricia Ann Drive, upon request of D. James Ed- wards, from R-1 and R-3 to PI Plam~ed Indnstrial and Conceptual Development plan approval, presented and read, Council Member Kluesner moved that the communication be received and flied. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Prc-Tem Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetherg. Nays--None. Absent--Mayor Brady. An ORDINANCE Amending Zoning Ordinance by reclassifying property located west of Edwards Road and south of Patricia Ann Drive from R-3 Mniti- Famliy Residential District to R-1 Single Family Residential District, and from R-1 Single Fandly Residential District and R-3 Mniti-Fmnily RYsidential District to PI Planned Industrial District, presented and read. Council Member Kluesncr moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be susponded and further moved that a Public Hear- ing be held on the proposed Ordinance on the 1st day of May, 1989 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the ma~- ncr prescribed by law. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Heck- mann, Counc~ Members Delch, Kluesner, Pratt, Simon, Voetberg, Nays--None. Absent--Mayor Brady. Communication of Mayor Robert Kramer of the City of Dyersville re- questing that the City of Dubuque call an election on their behalf tq authorize the imposition of a local Sales & Services Tax in certain cities in Dubuque Coun- ty, presented and read. RESOLUTION NO. 140-89 A RESOLUTION CALLING FOR AN ELECTION TO AUTHORIZE THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX IN CERTAIN CITIES OF DUBUQUE COUNTY AT THE RATE OF ONE PERCENT (1%) WHEREAS, Chapter 422B of the Iowa Code authorizes the imposition of certain local option toxes after an elec- tion in which the majority of the electors vote in the affirmative; and WHEREAS, voters in the City of Dubuque voted in favor of a one percent (1%) local sales and services ta~ on February 2, 1988; and WHERI~IAS, the City Council of the City of Dnbuque, Iowa, has received a re- quest from the cities of Cascade, Dyersvfile, Luxemburg, New Vienna, Rickardsville, and Worthington to call an election on their behalf to authorize the imposition of a local sales and services tax in the alorementioned cities; and WHEREAS, the City Council of the City of Dubuque, Iowa, believes it would be beneficial for those cities to consider such a sales and services tax; and WHEREAS, in the spirit of coopera- tion, the City of Dubuque agrees to call such an election as requested by the aforementioned cities. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The County Commissioner of Elections of Dubuque County is hereby directed to give notice of and con- duct a special election at the earliest possible date for the purpose of submit- ting to the voters of the County of Du- buque the following proposition: To authorize the imposition of a local sales and services tax in the City of Cascade, the City of Dyers- vfile, the City of Luxemburg, the City of New Vienna, the City of Rickardsvlile, and the City of Worthington at the rate of one percent (1%). Section 2. The City Clerk is hereby authorized and directed to provide a cer- tified copy of this resolution to the Coun- ty Commissioner of Elections of Du- buque in Dubuque County and to the County Board of Supervisors of Dubuque County. 185 Regular Session April 17, 1989 Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Simon moved edop- tion of the Resolution, Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Heckmann, Council Members Dcich Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager recommending changes to the proposed Residential Housing Code and recom- mending its adoption as amended; An ORDINANCE Amending the Code of Ordinances to comprehensively revise the Residential Housing Code of the City by repealing Chapter 20 thereof and enact- ing a new Chapter 20 in lieu thereof; A RESOLUTION Providing for establish- ing fees as provided in the Residential Housing Code by enacting a new "Schedule A, Residential Housing Code Fees"; Communication of Robert J. Falderman pertaining to final adoption of the revised Housing Code, presented and read. Phil Walfekuhle, Carol Koppen. Merlin Langkamp, John Herrig, and Dorothy Johnson all objected to the proposed Ordinance. John Whalen and Bob Fisch requested that the Ordinance be approved as pro- posed, Council Member Voetherg mov- ed that this matter be tabled. Seconded by Councli Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Heckmarm, Council Members Deich, Khiesner~ Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Council recessed at 9:15 p.m. Council reconvened at 9:26 p.m. ORDINANCE NO. 22-89 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY RECLAS- SIFYING PROPERTY AT 98 EAST 4TH STREET FROM HI HEAVY IN- DUSTRIAL DISTRICT TO CR COM- MERCIAL RECREATION DISTRICT (said Ordinance having been presented and reed at the Council Meetings of March 20, 1989, and the second reading on April 3, 1989, presented for final action.) (OFFICIAL PUBLICATION) ORDINANCE NO. 22-89 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 RECLASSIFY- ING HEREINAFTER DESCRIBED PROPERTY AT 98 EAST FOURTH STREET FROM HI HEAVY IN- DUSTRIAL DISTRICT TO CR COM- MERCIAL RECREATION DISTRICT. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by revising Appendix A therof, also known as the Zoning Ordinance and Zon- ing Map of the City of Dubuque. Iowa, by reclassifying hereinafter described property from "HI Heavy Industrial District" classification to "CR Commex- cial Recreation District" classification to wit: The Easterly 329.10 feet of Lot 4 of Adams Company, First Addi- tion, and to the center line of the adjoining public sight-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amend- meat has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pr~-Tem ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 21st day of April, 1989. Mary A. Davis City Clerk It 4/24 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Regular Session, April 17, 1989 Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tem Heckmann, Council Members Deich, Kluesner, Pratt, Voetberg. Nays-Council Member Simon. Absent--Mayor Brady. Communication of City Manager re- questing time allocation for presentation of Conceptual Pha~ for development of Boat Harbor and Associated Amenities of Chaplain Scbmitt Memorial Island by Dock Board Commissioners, presented and read, Council Member Kluesner moved that the communication be received and filed and allowed Ed Ryan and Paul Rossiter to give presentation with direction that Dock Board work with the City Manager and look at further development, with consideration of cost factors etc. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro- Tem Iteckmann, Council Members Dsich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Mr. Ryau and Mr. Rossiter gave a presentation. Communication of City Manager recommending approval of expenditure of up to $3777 in Section 8 Program Funds for the furalshlng of an office at Housing Services, presented and read. Council Member Simon moved that the comnmnication be received and filed and request approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Prc-Tem Heckmann, Council Members Dsich, Kluesner, Pratt, Simon, Vcetberg. Nays--None, Absent-- Mayor Brady. Communication of City Manager sub- ndt~ing documents endorsi~g expansion and improvement of the Dubuque In- dustrial Centor and authorizing the sub- mission of a RISE/Local Development Project Grant Appllca~on to IA DOT, presented and read. Council Member Voetberg moved that the communication be received and fded. Seconded by Council Member Pratt. Car- ried by the fallowing vote: Yeas--Mayor Pro-Tern Heckmann, Council Members Dsich~ Kluesner, Pratt, Simon, Veetberg. Nays--None. Absent--Mayor Brady. RESOLUTION 141-89 A RESOLUTION ENDORSING THE 186 SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORT- ATION FOR THE CONSTRUCTION OF A PUBLIC ROADWAY THROUGH PHASE TWO OF THE DUBUQUE INDUSTRIAL CENTER WHEREAS, The City of Dubuque believes that the expansion of the Du- buque Industrial Center is required to maintain the economic growth experi- enced locally and to encourage new in- dustcies to relocate to the community; and WHEREAS, Dubuque In-Futuro, Inc. has acquired unimproved land adjacent to the existing industrial center and has entered into a contractual agreement with a local engineering firm to develop said site -- Phase Two -- for industrial purposes; and WHEREAS, access to Phase Two of the Dubuque Industrial Center is limited and would be greatly improved by the ex- tension of Chavanelie Road into the site; and WHEREAS, the Iowa Department of Transportation, through it's Revitalize Iowa's Sound Economy (RISE) program, has monies available for the development of public roadways; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the development of Phase Two of the Dubuque Industrial Center is necessary for the continued success of local economic development efforts. Section 2. That the City of Dubuque hereby endorses the extension of Chav- enelle Road into Phase Two of the Du- buque Industrial Center and assures that the roadway will be dedicated to public use. Section 3. That the City of Dubuque assumes responsibility for the ongoing maintenance of the proposed roadway m~d assures that the roadway will be ade- quately maintained. Section 4. That the Mayor and City Clerk be and they are hereby authorized and directed to submit a RISE/Local Development Project gq'ant application 187 Regular Session, April 17, 1989 to the Iowa Department of Transporta- tion on behalf of the proposed Dubuque Industrial Center/Phase Two roadway project. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tem AT'rEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption o£ the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Heckmann, Council Members Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Ed Tschiggfrie, President of Tschiggfrie Excavating Co., requesting City Council permit a variance of the City Noise OrdinaI~ce which allow them to transport and place fill material from 10:00 p.m. to 6:00 a.m. for the U.S. 61 Reconstruction Project, specifically on Southern Ave., from May 1 to Sept. 1, 1989, presented and read Co~mcfl Member Simon moved that the communicatinn be received and fled and request approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Heekmann, Council Members Deich, Kluesner, Simon, Voetherg. Nays--None. Absent-- Mayor Brady. Communication of City Manager recommending that the City Council enter into a Profesalonal Engineering Agreement with Larkin Associates Pro- fessional Consulting Engineers regarding the Swimming Pool Projects, presented and read. Council Member Kluesner moved that the communication be received and filed and approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Pro-Tern Hecinnann, Council Members Deich, Kinesner, Pratt, Simon, Voetherg. Nays--None. Absent-- Mayor Brady. Communication of City Manager re- questing approval of authority to execute a Management Agreement for Rivervlew Park Campground with John and Mary Miller, presented and read. Council Member Kluesner moved that tbe connnuhication be received and filed and approved. Seconded by Council Member Pratt. Carried by the following. vote: Yeas--Mayor Pre-Tern Heckmann, Council Members Deicb, Kluesner, Pratt, Simon, Voetberg. Nays None. Absent-- Mayor Brady. Communication of City Manager sub- mitting a Resolution authorizing execu- tinn of a Meter Reading Services Agree- ment with Peoples Natural Gas Co., nd read. Council Member Kiuesncr moved that the commualcation be received aud flied. Seconded by Council Member Voetberg. Cam'led by the following vote: Yeas-- Mayor Pro-Tem Heckmann, Council Members Kluesner, Pratt, Simon, Voetherg. Nays--Coancll Member Deich. Absent--Mayor Brady. RESOLUTION NO. 142-89 AUTHORIZATION OF THE CITY MANAGER TO EXECUTE A METER READING SERVICES AGREEMENT WITH PEOPLES NATURAL GAS COMPANY WHEREAS, the City is interested in monthly reading o£ water meter to pro- vide better service to users; and WHEREAS, tbe City has reviewed alternative methods of reading of water meters and determined that a cost effec- tive method would be to contract this montllly reading of meters to Peoples Natural Gas Company; and WHEREAS, Peoples Natural Gas Company has agreed to read the water meters at the rate of 0.32¢ a meter with annual adjustments for the Cost of Liv- ing Index; and WHEREAS, Peoples Natural Gas Company is willing to enter in~o a five year agreement with a five year renewal unless notification is given by either par- ty 180 days prior to the expiration of the original term; and WHEREAS, Peoples Natural Gas Company is willing to provide the City with $100,000.00 performance bond to assure compliance with all provisions of the agreement. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, April 17, 1989 188 Section 1. That the City Manoger be authorized and directed to execute the at- tached Meter Reading Service Agree- ment, considered a part hereof, with peoples Natural Gas Company agree- ment to be effective July 1, 1989. Passed, approved and adopted this 17th day of April, 1989. Jmnes M. Heckmmm Mayor Prc-Tem ATTEST: Mary A. Davis City Clerk Council Member Kluesn~c moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Pro- Tern Heckmann, Council Members Khiesner, Pratt, Simon, Voetberg. Nays--Council Member Deich. Absent-- Mayor Brady. Communication of Chairperson of DMATS Policy Committee submitting a Resolution which would approve an amendment to Article of Agreement of the Dubuque Metropolitan Area Transportation Study Group to enable them to oversee the management of Barge Fleeting Sites, upon motion re- ceived and filed. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Pro-Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Vcetherg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 143-89 APPROVING AMENDMENT TO ARTICLES OF AGREEMENT OF DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY fi)MATS) WHEREAS the Dubuque Metr~- politan Area Transportation Study (DMATS) Policy Committee voted on March 30, 1989, to recommend amending its Articles of Agreement to enable DMATS to oversee the management of barge fleeting sites in or near the city of Dubuque; and WHEREAS, the City of Dubuque, as a member agency of DMATS, must con- sent to any Amendment to the Artiales of Agreement; and WHEREAS, the proposed Amend- ment to Articles of Agreement, a copy of which is attached hereto, has been reviewed by the City Council of the City of Dubuque, Iowa, and the City Council has determined that such Amendment should be approved; NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. AS FOLLOWS: 1. The Amendment to Articles of Agreement establishing the Dubuque Metropolitan Area Transportation Study, a copy of which is atteched hereto, is hereby approved. 2. The Mayor of the City of Dubuque is hereby authorized and directed to alga the amended Agreement. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pfc-Tern 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 Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 144-89 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 Ordinances of this City and have fried 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 "BE" BE~R PERMIT Kenneth J. Melloy The Kegger 3412 Pennsylvania (Also Sunday Sales) 189 Regular Session, April 17, 1989 CLASS "C' BEER PERMIT Paimer Drug Company Palmer Drug Store 2600 Dodge St. (Also Sunday Sales) Passed, approved and adopted this 17th day of April, 1989. James M. Iteckmmm Mayor Pro-Tem ATTEST: Mary A. Dav/s City Clerk Council Member Kluesner ~noved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tem Heckmann, Council Members Deich Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 145-89 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 ail City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dubuque First China, Inc. Yen Ching Restourant 926 Main St. (Also Sunday Sales) James J. Webb Jim's Web 2093 Washington (Also Sunday Sales) Donna Ginter West Dubuque Tap 1701 Asbury Rd. (Also Sunday Sales) Clair Woodman Central Tap 1046 Central Ave. Thomas Koch Park Square Tavern 600 Central Ave. John J. Galinas Pelican Pier 1635 E. 16th~ (Also Sunday Sales) (6 Month) Passed, approved and adopte~ 17th day of April, 1989. James M. Heckmann Mayor Pro-Tern ATTEST: Ma~y A, Davis City Clerk Council Member Kluesner moved adop~ tion of the Resolution, Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Pro-Tern Heck~nann, Council Members Deicl~; Kluesner, Pratt, Simon, Voetberg: Nays--None. Absent--Mayor Brady: MINUTES SUBMITTED: Airport Comm. of 3-14; Housing Comm. of 3-14; Cable Taleprogramming Comm. of 4-4; Historic Pres. Comm. of 3-14; P & Z Comm. of 3-1, 3-15 & 3-27; Zoning Bd. of Adjustment of 3-7 & 3-23, presented and read. Council Melnber Voetberg moved that the minutes be received and fried. Second- ed by Council Member Kluesner. Carried by ti~e following vote: Yeas--Mayor Pro- Tem Heckmann, Council Members Dalch, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Mayor Brady. Proof of publication on Notice that City will submit a Grantee Performance Report for the Calendar Yem' 1988 to HUD, on publishing Resolution No.. 91-89 Apptoving a Schedule of Planning and Zoning fees, presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the fo]lowing vote: Yeas--Mayor Pro-Tern Heckmann, Coun- cil Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent-- Mayor Brady. NOTICES OF CLAIMS AND SUITS: Allstate Ins. Co. submitting a Subroga- tion Claim in the amt. of $1,394.17 for damages to their client; Shawn Hngen- dorn in est. amt. of 5226.75; Dorothy Murphy in unknown amt. for personal in- juries; Attorney Joesph J. Bitter on behalf of Gloria J. Kra~ner in unknown amt. for personal injury, presented and read. Regular Session, April 17, 1989 190 Council Member Voetberg moved that , claims and suits be referred to Legal staff for investigation and report. Seconded by Council Member Kinesner. the following vote: Yeas-- Pro-Tem Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Corporation Counsel recommending settlement of car damage claim of Joseph Hindennan in the amt. of $78.70, presented and read. Council Member Voetberg moved that the comraunication be received and filed and approved settlement, directing Finance Director to issue the proper check. Seconded i)y Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern IIeclunann, Coun- cil Members Dalch, Kinesner, Pratt, Simon, Veetberg. Nays--None. Absent-- Mayor Brady. Comnlunication of Corporation Counsel recommending closure in claims/suits ob State Farm Ins. (~lqmothy Lalbald)', Richard J. Luersmann; Kristie R. Wl~tt by her motber, Vickle L. Owens Leo Link et a] vs. City of Dubuque et al; Pattie Rae Grotbe; Ronald J. Corn'ad (A- OK Cab Co.), presented and read. Council Member Voetberg moved that the communication be received and filed and approved recommendations. Second- ed by Council Member Voetberg. Carded by the following vo~e: Yeas--Mayor Pro- Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Corporation Counsel recommending denial of sewer backup claim of Bill Weidemanm pre- sented and read. Council Member Voetberg moved that the communicatinn be received and filed and approved recommendation. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pr~ Tem Heckmann, Council Members Delch, Kluesner, Pratt, Simon, Voetberg. Nays~-None. Absent--Mayor Brady. Co~muunication of City Manager sub- ~nitting docaments providing for accep- tance of the construction contract for the Rockdale Road Bridge Project, presented and read. Council Member Kluesner moved that the communication be received and fried. Seconded by Council Member Deich. Car- tied by the following vote: Yeas--Council Members Deich, Kinesner, Pratt, Simon, Voetberg. Nays--None. Abstain--Mayor ~rc-Tem Heckmanm Abeent--Mayor Brady. RESOLUTION NO. 146~89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the ROCKDALE ROAD BRIDGE has been completed and the City Manager has ex- eanined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans ~u~d specifications ~md rccommends it acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Couucri 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 fi'om the ~HWA Bridge Replacement Fund, FAUS and Street Construction Fund in amount equal to the amount of his con- tract, less any retained percentage pro- vlded for therein. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pr~-Tem ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Dalch. Corried by the following vote: Yeas--Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays None. Abstain--Council Member Heckmann. Absent--Mayor Brady. RESOLUTION NO. 147-89 FINAL ESTIMATE WHEREAS the cofltract for the ROCKDALE ROAD BRIDGE has been completed and the City Engineer has submitted his final estimate showing the cest thereof including the cost of esti- 191 Regular Session, April 17, 1989 mates, notices and inspection m~d all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is bereby determined to be $1,050,792.81 and the said amount shall be paid from the Federal Highway Ad- ministration Bridge Replacement Funds, FAUS, and Street Construction Funds of the City of Dubuque, Iowa, Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of tbe Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Councri Members Deich, Kluesner, Pratt, Simon, Voetberg. Abstain--Mayor Pro-Tern Heckmann. Nays--None. Absent--Mayor Brady. Communication of City Manager sub- mitring documents providing for accep- tonce of the Roof Replacement Project on the Sludge Processing Building at the Wastewater Treatment Plant, presented and read. Council Member Voetberg moved that the communication be received and fried. Seconded by Council Member Kluesner. Carried by tbe following vote: Yeas-- Mayor Pro-Tern Heckmann, Council Members Daich, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 148-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Roof Replacement Project on the Sludge Pro- cessing Building at the Wastewater Treatment Plant has been completed and the City Manager has examined the work and ~ried his certificate stating that the same has been completed according to tbe terms of the contract, plans and specifications and recommends it 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 he 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 Sanitary Sewer Fund in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, approved and adopted this 17th day of April, 1989. James M. He&mann Mayor Pro-Tern A'I~PEST: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 149-89 FINAL ESTIMATE WHEREAS, the contract for the Roof Replacement Project on the Sludge Pro- cessing Building at the Wastewater Treatment Plant bas been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all ~niscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said ira- provement is hereby determined to be $34,652.00 and the said amount shall be paid from the Sm~itary Sewer Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tem AqT'EST: Mary A. Davis City Clerk Council Member Voetberg moved adopU~on of the Resolution. Seconded by Couucri Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Regular Session tleckmann, Council Members Daich, Kinesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Planning & Zoning Commission recommending approval of Final Plat of Lot 1 of Bill's Place, with property owned by Krieg Boys, Inc., presented tu~d read. Council Member Voetherg moved that the communication be received and fried. Seconded by Council Member Kluesner. Cra'tied by the following vote: Yeas-- Mayor Pro-Tern Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 150-89 A RESOLUTION APPROVING THE FINAL PLAT OF LOT i OF BILL'S PLACE IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lot 1 of Bill's Place in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pears a street to be known as Nighten- gale Lane, together with certain public utility easements wtdch the owner of the said plat has dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and has 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 tbe 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 dedication of Nightengale Lane, together with the easements for public utilities as the same appear upon said plat, be and the same is hereby accepted. Section 2. That the final plat of Lot 1 of Bill's Place be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Du- buque, Iowa upon said final plat. April 17, 1989 192 Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of tbe Resolution, Seconded by Council Member Kluesner. Carried by tbe following vote: Yeas--Mayor Pro-Tem Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Planning & Zoning Comm. recommending approval of final plat of Joseph Vogt Subd. No. 4 in the 600 Block of Kane St., as requested by Joseph & Martina Vogt, presented and read. Counail Member Voetberg moved that the communication be received and fried. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Pro-Tern He&mann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 151-89 A RESOLUTION APPROVING THE FINAL PLAT OF JOSEPH VOGT SUBDIVISION NO. 4 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Jospeh Vogt Subdivision No. 4 in the City of Dubu- que; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find the same conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the sa~ne is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Du- buque, Iowa upon said final plat. 193 Regular Session, April 17, 1989 Passed, approved and adopted this 17th day of April, 1989. James M. Hecknmnn Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Councii Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tem Heckmaun, Council Members Delch, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager transmitting a Resolution approving an Agreement between the Dubuque Humane Society and the City of Du- buque for provision of animal shelter ser- vices through June 30, 1990, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Pro-Tem Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 152-89 A RESOLUTION APPROVING A PURCHASE OF SERVICES AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE HUMANE SOCIETY AND AUTHOR- IZIING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA, WHEREAS, the City of Dubuque does not operate its own shelter for dogs. cats and other animals which may be taken up or received pursuant to Article II of Chapter 7 of the Code of Ordinances of the City; and WHEREAS, The Dubuque Humane Society is an incorporated society for the prevention of cruelty of animals and does malptaln a shelter for the custody of lost, strayed or homeless dogs, cats, or other animals aud for the disposition and/or destruction of such animals not redeemed and]or diseased; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to enter into an agreement with the Du- buque Humane Society to provide animal shelter services for the City. NOW, THEREFORE, BE IT RE- SOLVED BY THE CI'I"f COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ttmt the attached Purchase of Services Agreement by and between the City of Dubuque, Iowa mxd Dubuque Humane Society be and the same is hereby approved. Section 2. Ttmt the Mayor be and he is hereby authorized and directed to ex- ecute said Ag~reexnent for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of April, 1989. James M. Heckmann Mayor Pr~-Tem 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 Pro-Tem Heckmann, Council Members Deich, Heckmann, Kluesner, Pratt, Sinmn, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Dubuque Regional AIDS Coalition supporting the addi- tional words "sexual orientation" to the Local Human Rights Ordinance, presented and read. Council Member Voetherg moved that the communication be received and flied and referred to the Work Session. Se~ conded by Council Member Kiuesner. Car- cied by the following vote: Yeas--Mayor Pre-Tern Heckmann, Council Members Delch, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager ad- vising of renewal of Slattery Center Agreement with Dubuque Montessorl School, Inc., presented and read Council Member Voetberg moved that the communication be received and filed and approved. Seconded by CounciI Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Heck- matra, Council Members Dcich, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Regular Session, April 17, 1989 Communication of City Manager sub- mltting the Quarterly Investment Report for period ending March 31, 1989, presented and read. Council Member Voetberg moved that the conmmnlcation be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Pro-Tem Heckmann, Council Members Deich, Kluesner, Pratt, Simon, Vcetberg. Nays--None. Absent--Mayor Brady. There being no further business, Coun- cil Member Simon moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Delch, Klusener, Pratt, Simon, Voetberg. Nays--Mayor Pr~-Tem Heckmann. Absent--Mayor Brady. Meeting adjourned at 10:41 p.m. Mary A. Davis City Clerk Approved 1989 Adopted 1989 Mayor Prc-Tem Council Members ATTEST: City Clerk 194