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1989 October Council ProceedingsRegular Sessior October 2, 1989 411 CITY COUNCIL OFFICIAL Regular Session, October 2, 1989 Council Met at 7:30 p.m., at the Public Library Auditorium. Present--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Voetberg, City Manager W, Kenneth Gearhart, Corporation Counsel Barry A, Lindahl. Mayor Brady read the call aud stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Mayor Brady. PROCLAMATION(S): Week of Oc- tober 1 to 7 as "Mental Illness Awareness Week" received by Eleanor Patterson; October 15th as "White Cane Safety Day"; Month of October as "Crime Prevention Month" received by Sheriff Leo Kennedy. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposing of City's interest in Lot I-1~1-1-1-1-1 of SW ¼ of SW ¼ of Sec. 16, T89N, R2E, 5th P.M. to Inter- state Power Co., presented and read. There were no written objections received and no oral objectors present at the Meeting. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hock- mann, Kluesner, Pratt, Simon, Veetberg. Nays--None. Council Member Simon moved to sus- pend the rules to allow anyone present to address the Council if they so desire. Seconded by Counc'd Member Voetberg. Carrled by the following vote: Yeas-- Mayor Brady, Council Members Dcich Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 330~89 WHEREAS, pursuant to Resolution and published notice in the Telegraph Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa, on September 21, ]989, the City Council of the City of Dubuque, Iowa, met on October 2, 1989, at 7:30 p.m, in the Public Library Auditorium, 11th and Locust Street, Dubuque, Dubuque Coun- ty, Iowa. to consider the proposal of the deeding of real estate described as: Lot 1-1-1-1-1-1-1 of the SW Y~ of the SW ¼ of Section 16, T89N, R2E, of the 5th Principal Meridian bi the City of Dubuque cont aiding 0.213 acres 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 bereinabove 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 interest of the City of Dubuque, Dubuque Coun- ty, Iowa, in the property described as Lot 1-1-1-1-1-1-1 of the SW ¼ of the SW ¼ of Section 16, T89N, R2E, of the 5th Principal Meridian in the City of Du- buque, Iowa, to Interstate Power Com- pany and the same is hereby approved for one dollar and other good and valuable coneideration. The City will pay for publication and recording fees; and the conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be author- izod and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby directed and authorized to deliver said deed to the above named grantee. 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, Du- buque County Recorder, and Dubuque County Treasurer. Passed, approved and adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 412 Regular Sessior Council Member Simon moved adop- tian of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Proof of publication, certified to by tbe Publisher. on Notice of Public Hearing to consider the designation of the "Wind- sor Park Retirement Center" located at 801 Davis St., as an "Urban Revitali- zation Area", presented and read. There were no written objections received and no oral objectors present at the time of the Meeting. Mr. Al Hughes, Attorney for developers' George & Gary Kennedy requested this approval for the needed tax abatement. Council Member Klueaner moved that the proof of publication be received and filed and plan approved. Seconded by Council Member Simon, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Itearing on Plans and Specifications for the construction of Sanitary Sewer Reconstruction, alley be- tween Rhomberg and Lincoln, from Roosevelt to Shiras, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing, Council Member Delch moved that the proof of publication be received and filed. Seconded by Council Member Vootherg. Can. led by the following vote: Yeas-- Mayor Brady, Counell Members Delch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 331-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 30TH DAY OF AUGUST, 1989, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the SANITARY SEWER RECONSTRUCTION, ALLEY BE- TWEEN RHOMBERG AND LIN- COLN, FROM ROOSEVELT TO SHIRAS. October 2, 1989 WHEREAS, notice of bearing on plans, specifications, form of contract, and estimated cost was published as re- qnired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said )reject. Passed, approved and adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution, Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voetherg. Nays--None. Proof of publication, certified to by the Pubfisher, on Notice to Bidders of the Receipt of bids for the construction of Sanitary Sewer reconstruction, alley be- tween Rhomberg and Lincoln, from Roosevelt to Shiras, AND Communica- tion of City Manager recommending to award contract for project, presen~d and read. Council Member Delch moved ttmt the proof of publication and the communica- tion be received and filed. Seconded by Councll Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 332-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by Contractors for the SANITARY SEWER RECONSTRUC- TION, ALLEY BETWEEN RHOM- BERG AND LINCOLN, FROM ROOSEVELT TO SHIRAS pursuant to Resolution No. 305-89 and notice to bid- ders published in a newspaper published Regular Session October 2, 1989 413 in the City of Dubuque, Iowa on the 8TI-I DAY OF SEPTEMBER, 1989. WHEREAS, said sealed proposals were opened and read on the 21ST DAY OF SEPTEMBER, 1989 and it has been determined that the bid of TSCHIGG- FRIE EXCAVATING, INC. of DU- BUQUE in the amount of $78,316.61 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to TSCHIGG- FR!E EXCAVATING, INC. and the Manager be and is hereby directed to ex- ecute a contract on behalf of the City of Dubuque for the complete performance of the work. BE~ IT FURTHER RESOLVED: That upon the sig~ng of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructedtp return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Cotmail Member Delch moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting procedures for the repair and reconstruction of the existing sanitary sewer in Jackson St., between 32mi St. and the alley between Euclid and Ac- qulnn Sts., presented and read. Cotmcil Member Dalch moved that the communication be received and flied. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heck- mann, Kluesner, Pratt; Simon, Voetberg. Nays--None. RESOLUTION NO: 333-89 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 the JACKSON STREET SANITARY SEWER RECONSTRUCTION, in the estimated mnount of $168,763.77, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted tiffs 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 334-89 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 sanae on file in the office of the City Clerk for public inspection of the JACKSON STREET SANITARY SEWER RECONSTRUCTION. NOW, THEREFORE, BE IT RE- SOLVED, that on the 16TH DAY OF OCTOBER, 1989, a public hem-ing will be held at 7:30 p.m. in the PUBLIC LIBRARY AUDITORIUM at which time interested persons may appem- and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty 414 Regular Session, October 2, 1989 days prior to the day fixed~TTEST: sideration. At the hearing, any interested Mary A. Davis person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayer Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 335-89 ORDERING BIDS NOW, THEREFORE, BE IT t~E- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the JACKSON STREET SANITARY SEWER RECONSTRUC' TION 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 far 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 10TH DAY OF OC- TOBER, 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 16TH DAY OF OCTOBER, 1989, Passed, approved and adopted this 2nd day of October, 1989, James E. Brady Mayor City Clerk Council Member Deich moved adop- tion of the Resaiutian. Seconded by Council Member Pram, t. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice to bidders of the Receipt of Bids for the construction of Madison Street Steps AND Communica- tion of City Manager recommending to award contract for project, presented and read. Council Member Voetbarg moved that the proof of publlcation and commufuca- tion be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Daich, Kluesner, Pratt, Sin~on, Vcetberg. Nays--Mayor Brady, Council Member Heckmann. RESOLUTION NO. 339-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the MADISON STREET STEPS pursuant to Resolution No. 313-89 and notlce to bidders published in a newepaper published in the City of Dubuque, Iowa on the 15TH DAY OF SEPTEMBER, 1989. WHEREAS, said sealed proposals were opened mhd read on the 28TH DAY OF SEPTEMBER, 1989 and it hac been determined that the bid of PORTZEN CONSTRUCTION, INC. of DUBUQUE in the amount of $12,895.00 was the lowest bid for the farnishinge of alllabor and materials and performing the work as provided for in the plane and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to PORTZEN CONSTRUCTION, INC. and the Manager be and ie hereby directed to ex- ecute a contract on behalf of the City of Dubuque for the complete performance of the work. Regular Sessior BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. passed, approved and adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Pratt, Simon, Voetberg. Nays--Mayor Brady, Council Member Heckmann. Proof of publication, certified to by the Publisher, on Notice to bidders of the receipt of bids far the construction of the 1989 P.C. Concrete Paving Project AND Communication of City Manager recom- mending to award contract for project, presented and read. Council Member Heckmarm moved that the proof of publication and com- munication be received and filed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmanc Kfuesner, Pratt, Simon. Voetberg. Nays--None. RESOLUTION NO. 337-89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the I989 P.C. CONCRETE PAVING PRO- JECT pursuant to Resolution No. 311-89 and notice to bidders published in a newspaper published in the City of Du- buque, Iowa on the 7TH DAY OF SEPTEMBER, 1989. WHEREAS, said sealed proposals were opened and read on the 21ST DAY OF SEPTEMBER, 1989 and it has been determined that the bid of HORSFIELD CONSTRUCTION COMPANY, INC. of EPWORTH, IOWA in the amount of $1,680,297.05 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in October 2, 1989 415 the plans and specifications; NOW, THEREFORE, BE IT RE- SOLVED Bk THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to HORSFIELD CONSTRUCTION COMPANY, INC. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instracted to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing approval to execute a Communi- ty Development Block Grant Loan Agreement in the amount of $400,000 between the City and Trilng, Inc., presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 338-89 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREE- MENT WITH TRILOG, INC. WHEREAS, under provisions of Title I of the Housing and Community De- velopment Act of 1974, as amended, the 416 Regular Session, City of Dubuque has received Communi- ty Development Blank Grant Funds the purpose of stimulating econormc development activities within the com- munity; and WHEREAS, the City of Dubuque, Iowa desires to assist Trilog. Inc. in its effarte to enhance and expand its existing group pension plan operations throu, gh the development of a new granp pension processing center in the community; to create permanent employment opportu- hities for its citizens; and to encourage tl~e ongoing revitalization of the central business district; and WHEREAS, a Loan Agreement is to be executed by Trilog, Inc., a form of which is hereto attached and, by this reference, made a part hereof. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Mayor and City Clerk be and they are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, a Loan Agree- ment awarding a four hundred thousand dollar ($400,090) forgivable loan to Tdlog, Inc. Section 2. That the terms and condi- tions of said Loan Agreement shall reflect the general terms and conditions outlined in the attached agreement. Section 3. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Develop' merit Block Grant entitlement fund, in accordance with the terms and conditions of the executed Loan Agreement. Passed, approved and adopted this 2nd day of October, 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- lng vote: Yeas--Mayor Brady, Council Members Deich, Heckmmm, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing authorization to release CDBG Funds for the Trilog, Inc. Project, October 2, 1989 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 Deicb, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 339~9 A RESOLUTION AUTHORIZING OF A REQUEST FOR A RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PROJECTS WHEREAS, the City of Dubuque, Iowa, in conformance with the En- vironmental Review Procedures for the Community Development Block Grant Program, convened an Ad Hoc Commit- tee on September 5, 1989 which com- pleted an environmental assessment of the following project: Trilog, Inc. WHEREAS, pursuant to Resolution No. 329-89 adopted September 20, 1989, notice of a "Finding of No Signifi- cant Effect on the Environment" for the above projects was published September 22, 1989 in the Dubuque Telegraph Herald, a newspaper of general circula- tion, and provided for a public comment period until 12:00 Noon on Friday, Oc- tober 6, 1989; and WHEREAS, public notice of a "Find- ing of No Significant Effect on the En- vironment'' for the projecte was sent by regular mall to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be ap- propriate to receive such a public notice; and WHEREAS, anY and all objections, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Hous- ing and Urban Development for the release of funds to carry out the above- identified projects. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, Section 1. That the Environmental Review Record for the projects shall con- tinue to remain on ftc in the Office of the City Clerk where said record may be ex- amined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is liereby auttmrized and directed to submit to the U.S. Deport- ment of Housing and Urban Develop- ment a request for release of funds to undertake the said projects, Section 3. That the Mayor of the City of Dubuque is hereby authorized to co~- sent to assume the status of a responsi- ble federal official under the National En- vironmental Protection Act, insofar as the provisions of the said Act apply to thc U.S. Depm'tment of Housing and Ur- ban Development responsibilities for review, decisinn-making, and action assumed and carried out by the City of Dubuque as to enviromnental issues. Section 4. That the Mayor of the City of Dubuque is txereby authorized to con- sent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal Courts if ea~ action is brought to enforce responsibilities in relation to environmen- tal reviews~ decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a certifica- tion pertal~ting to the environmental Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for RElease of Funds in the form of Fublic Notice attached hereto and made a part thereof. Passed, approved mid adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Cotmcil Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deicli, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. October 2, 1989 417 Communication of Corporation Counsel submitting an Ordinance to adopt an Agreement between the City of Sagevilie, the City of Dubuque and the County of Dubuque regarding Phase IV of the Northwest A~terial, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 47-89 AN ORDINANCE ADOPTING AN AGREEMENT BETWEEN THE CITY OF SAGEVILLE, THE CITY OF DUBUQUE AND THE COUNTY OF DUBUQUE REGARDING PHASE IV OF THE NORTHWEST ARTERIAL. presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 47-89 AN ORDINANCE ADOPTING AN AGREEMENT BE~qNEEN THE CITY OF SAGEVILLE, THE CITY OF DUBUQUE, AND THE COUNTY OF DUBUQUE REGARDING pHASE IV OF THE NORTHWEST ARTERIAL. Section 1. The Agreement between the City of Sageviile, the City of Dubuque and the County of Dubuque regarding Phase IV of the Northwest Arterial, a copy of which is attached hereto and in- corporated herein by reference, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the original Agreement on behalf of the City of Dubuque. Section 3. This Ordinance shall take el- feet upon publication as provided by law, and only if the City of Sageville adopts ~ resolution of support for and participa- tion in an application to the Iowa DOT for a RISE Grant for the completion of the Northwest Arterial from John F. Kennedy Roed to U.S. Highway 52/3 along the Urban park Hollow Route prior o October 17, 1989. Passed, approved and adopted this 2nd day of October, 1989. James E. Brady 418 Regular Session, October 2, 1989 Mayor Aqq~EST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of Oc- tober, 1989, Mary A. Davis City Clerk it 10/23 Council Member Simon moved that this be considered the first feeding of the Ordinance, that the rule requiring on Or- dinance to be presented and read at two meetings prior to the meeting at which final action is taken, be dispensed with, and further moved final adoption of the Ordinance, as amended. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heekmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting information on potential delays and related costs associated with the change of alignment for the remaining section of the NW Arterial; Communica- tion of Dwayne R. Huston, President of Dubuque Shooting Society objecting to Shooting Club alternative for Northwest Arterial and Communication of John Mauss, Chief of police, expressing ap- preciation for use of the facilities at Shooting Park, presented and read. Council Member Sin~on moved that the communications be received and filed. Seconded by Canncll Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members De/ch, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Communicatten of City Manager recommending to approve construction of canopy at 76 Main St., presented and read. Council Member Kluesner moved that the commtmicatian be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heck- mann, Kinesner, Pratt, Simon, Vcetberg. Nays--None. ORDINANCE NO. 48-89 AN ORDINANCE AUTHORIZING DAVID J. AND LINDA D. HERBST MAIN ST. TO CONSTRUCT A MANSARD STYLE AWNING, pre- sented and read. L pUBLICATION) ORDINANCE NO. 48-89 AN ORDINANCE AUTHORIZING DAVID J. & LINDA D. HERBST OF 76 ST. TO CONSTRUCT A MANSARD STYLE AWNING NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That David J. & Linde D. Herbst as owners of the premises known as Iterbst Upholstery, Dubuque, Iowa, and legally described as 76 Main St. be and they are hereby granted the revocable permit and authority to con- struct and maintain Mansard style awn- ing under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permlttees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all ap- plicable sta~e and federal laws and regula- tions, and the Ordinances of the City of Dubuque. Sectinn 3. That the permissinn herein granted is expressly conditioned on per- mittees' agreement to: a) Assmne any and all liability for dmnages to persons or property which may result from the existence, location, construction or maintenance of said Mansard style awning; b) Pay on behalf of the City of Dubuque, all sums wifich the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for dentuReS of any hind resulting from the location, installa- tion, existence, construction or maintenance of said Mansard style awn- ing, sustained by any person or persons, caused by accident or o~herwise to defend nd on behalf of said City any claim against the City of Du- buque arishlg out of the location, instep, a- tion, existence, construction or mmn- f Mansard style awning and to pay reasonable attorney fees therefore; and Regular Session c) Indemnify, defend and hold the City of Dubuque free and harmless from any m~d all claims, loss, liability and ex- pense for death and/or injuries to third persons or dmnages to property of third persons, or for damage to any property of the City of Dubuque wifich may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permlttees, or their suc- cessors in interest, as owners of the abut- ting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own ex- pense, remove said Mansta-d style awn- ing and in the event of their failure so to do, the City of Dubuque shall be author- ized to remove said Mansard style awn- ing at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said Mansard style awning. Section 5. That permittees convenant and agree that the revocable permit herein granted does not covstitute an ap- proval of the design, erection, location, construction, repair or maintenance of said facility and said permittoes hereby convenant and agree not to assert such e/abn or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or proper- ty damage against tim permittees aris- ing out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to David J. &Linda D, Herbst when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by accep- tance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this Or- dinance in tile office of the Recorder in and for Dubuque County, Iowa. October 2, 1989 419 Passed. approved and adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 48-89 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 48-89 hereby, for themselves, their successors or assigns, as owners of the abutting property, ac- cept the same and agree to be bound by :he conditions and agreements therein contained to be performed by perxnittees. Dated: September 25, 1989 By: s/David J. Herbst President By: s/Linde D, Herbst Secretary Published officially in the Te/egeaph Herald newspaper this 6th day of Oc- tober, 1989. Mary A. Davis City Clerk It 10/6 Council Member Kluenser moved that this be considered the fkst reading of the Ordinance and that the rules be waived requiring that an Ordinance be presented and read at two meetings prior to the meeting at which there is to be final ac- tion, and further moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas-.Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Vcetberg. Nays--None. BOARDS AND COMMISSIONS: Human Rights Commission -- One unexpired term which will expire 1-1-91. (Term of James Jaycox.) Applicants: Klm Clayton, Wm. Gibbs, Brenda Hager, Donald P. Miller, David Vanderah. Klm Clayton, Dave Vanderah and Brenda Hager spoke to the Council. First vote: Mayor Brady voted for Miller. Council Member De/ch voted for Clayton. Council Member Heckmann voted for Miller. Council Member Kfuesner voted for Miller. Council Member Pratt voted for Vanderah. 42O Council Member Simon voted for Clayton. Council Member Vcetberg voted for Vanderah. There being no majority, a second vote was taken: Mayor Brady voted for Miller. Council Member De/ch voted for Miller. Council Member Heck- mann voted for Miller. Council Member Kluesner voted for Miller. Council Member Pratt voted for Vanderah. Coun- cil Member Simon voted fox' Clayton. Council Member Voetberg voted for Vanderah. Donald Miller therefore pointed to tbe unexpired term on the Human Rights Commission 'which will expire January 1, 1991, RESOLUTION NO, 340-89 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. Gene Kopp Geno's 1641 Ashury Rd. Rainbo Oil Company KWIK STOP FOOD MART 2360 Central Ave. Passed, approved and adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dc/ch, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 341-89 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 cup/ed by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE Regular Session, October 2, 1989 SOLVED by the City Council of the CiW of Dubuque, Iowa, that the Manager be authorized to canse to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Kopple's Market, Inc. Kopple's Grocery 1098 University Ave. (Also Sunday Sales) Rainbo Oil Company KWIK Stop Food Mart 2360 Central Ave. (Also Sunday Sales) Passed, approved and adopted this 2nd day of October, 1989. James E. Brad~ Mayor ATTEST: Mary A. Davis City Clerk Council Member Dc/ch moved adop- tion of the Resolu~an. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dc/ch, Heckmann, Kluesner, Pratt, Simon, Voetberg, Nays--Nane. RESOLUTION NO. 342-89 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 cup/ed by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT 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 Angehi Mangeno Hard Times Tavern 1401 Elm St. (Also Sunday Sales) Eugene L. Kopp Geno's 1641 Asbury Rd. (Also Sunday Sales) Regular Session, October 2, 1989 Elaine Kelly Coach House Highway 20 West (Also Sunday Sales) Passed, approved and adopted this 2nd day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member De/ch moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckmann, Kluesner. Pratt, Simon, Voetberg. Nays--None. Printed Council proceedings for the month of March, 1989 presented for Council approval. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member De/ch, Car- ried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heck- mann, Khiesner, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Airport Comm. of 9-12; Five Flags Comm. of 9-18; Historic Preservation Comm. of 9-12; Park and Recreation Comm, of 9-19, presented mhd read, Council Member Voetberg moved that the minutes be received and filed. Second- ed by Council Member Dc/ch. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS: William Blum, Jr., in amt. of $10 for car damoges; Delaware, Dubuque & Jackson County Regional Transit Authority hi amount of $35.40 for damages to their vehicle; James Larkin in amount of $633, for vehicle damages; James McNeil in est. amt. of $188.60 for vehicle damage; Steven Paul in amount of $469.12 for valficle damages, presented and read. Council Member Voetberg moved that tbe claims and suits be referred to Legal Staff for investigation and report. Seconded by Council Member Dc/ch, Car- ried by the following vote: Yeas--Mayor Brady, Council Members De/ch, 421 Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communications of Corporation Counsel recommending deniai/chisure of following claims: Tire damage of Harold Morton; property damage of Brendan Quann; Personal injury of Mark Urban; Personal injury of Sberrall Welter, [ and read. Council Member Voetberg moved that the canuuunications be received and filed and recormnendations approved, Second- ed by Council Member Dc/ch. Carried by the following vote: Yeas--Mayor Brady, Council Members Dc/ch, Heckarann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Petition of University of Dubuque re- questing a bonfire at approx. 8 p.m. on Friday, October 20, 1989, presented and read. Council Member Voetberg moved that the petition be approved, subject to im- plementation of the City Manager. Seconded by Council Member Dc/ch, Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dc/ch, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitring brief summaW of a public meeting conducted on the Fiscal Year 1991 City Budget, presented and read. Council Member Voetberg moved that ~ be received and filed. secended by Council Member Deich. Car- fled by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitring Financial Reports for the month of August, 1989, presented and read. Council Member Voetberg moved that ommurfication be received and filed. Seconded by Council Member De/ch. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dc/ch, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. REFUNDS REQUESTED: John Hall, $633.75 for unexpired Liquor License; St. Columbkille's Church, $225 for unexpired Beer Permit, presented and read. Council Member Voetberg moved that 422 Regular Session October 2, 1989 the refunds be approved and Finance Director to issue proper checks. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Councli Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Petition of Attorney Brian Kaue, on behalf of A.J. Spiegel, requesting volun- tary annexation of their property located between Rockdale Road and Highway 151/61, presented and read. Council Member V~etberg moved that the petition be received and filed and referred to Planning and Zoning for in- vestigation and report. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. There being no further business, Coun- cil Member Deich moved to adjourn the meeting. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 8:45 p.m. Mary A. Davis City Clerk Approved __ -- 1990 Adopted __ -- 1990 Council Members ATTEST: City Clerk Special Session CITY COUNCIL OFFICIAL Special Session, October 6, 1989. Council Met at 6:00 p.m.. at the Pepsi Cola Plant, Sageville, Iowa. Present--Mayor Brady, Council Members Deich, Heckmann, Pratt, Voetberg, City Manager W. Kenneth Gem'hart, Corporation Counsel Barry A. Lindahl. Absent--Council Members Kluesner, Simon. Mayor Brady read ti~e call and stated this is a JOINT MEETING WITH DUBUQUE COUNTY BOARD OF SUPERVISORS AND SAGEVILLE CITY COUNCIL called for the purpose to discuss the R.I.S.E. application. Mayor Dean of Sageville called the meeting to order. Discussion was held regarding the application on file with the State for R.I.S.E. funding regarding Phase IV of the Northwest Arterial. Following discussion it was agreed that the City of Sagevllle does accept the ap- plication and authorized the Mayor of Sageville to execute with City of Du- buque and Dubuque County Board of Supervisors agreement pertaining to There being no further business, Coun- cil Member Deich moved to adjourn. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Voetberg. Nays--None. Absent--Council Members Kinesner, Simon. Meeting adjourned at 7:15 p.m. Mary A. Davis City Clerk October 6, 1989 ~pproved _ Adopted Mayor City Council ATTEST: City Clerk 423 1990 1990 424 Board of Health, October 16, 1989 BOARD OF Approved HEALTH ^doptad _ OFFICIAL Regular Quarterly Meeting, October 16, 1989, Board Met at 7:42 p.m.. at the Public Library Auditorium. Present--Chairperson Brady, Board Members Deich, Heckmann, Kluesner, Pratt, Vcetherg. Absent--Board Member Simon. Chairperson Brady read the call and stated this is the REGULAR QUARTERLY MEETING OF THE BOARD OF HEALTH called for the purpose to act upon such business which may properly come before the Board, There being no business to come before the Board, Board Member Pratt moved to adjourn the Meeting. Seconded by Board Member Heckmann. Carried by the following vote: Yeas--Chairperson Brady, Board Members Dalch. Heck- mann, Kluesner. Pratt, Voetberg. Nays--None. Absent--Board Member Simon. Meeting adjourned at 7:45 p.m. Mary A. Davis Secretary, Board of Health __1990 1990 Chairperson Board of Health Secretary Regular Session CITY COUNCIL OFFICIAL Regular Session, October 16, 1989 Council Met at 7:46 p.m. in the Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetherg, City Manager W. Ken- neth Gearhart, Corporation Cannsel Barry A. LindahL Absent--Council Member Simon. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council ca9ad for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. Peter Kjeseth, Professor of New Testa- ment at Wartburg Theological Seminary. Council Member Heckmann moved that the rules be suspended to allow anyone present to address the Council. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Canncil Member Simon. proof of publication, c~.tifiecl to by the Publisher, on Nofiee of Hearing on Plans and Sepcificagions for construction of the Jackson Street Sanitary Sewer Recon- s[xuction, presented and read. There were no written objections reeeivad and no oral objectors present at the time of the Hearing. Council Member Heekmann movad that the proof of pub]lca~ion be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Veetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 343-89 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 27TH DAY OF SEPTEMBER, 1989, plans, specifica- tions, form of contract and estimated cost were filed with the City Clerk of October 16, 1989 425 Dubuque, Iowa for the JACKSON STREET SANITARY SEWER RE- CONSTRUCTION. WHEREAS, notice of hearing on plans, specifications, farm 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 ~roject. Passed, approved and adopted this 16th day of October, 1989, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution, Seconded by Council Member Pratt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Dalch, tIeckmann, Kluesner, Pratt, Vcetherg. Nays--None. Absent--Council Member Simon. Proof of pub]lcation, certified to by the Publisher, on Notice to Bidders of the Receipt of bids for project AND Com- muulcation of City Manager recommen- ding to award contract for project, presented and read. Council Member Heckmann moved that the proof of pub]lcation and com- munication be recaivad and filed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Khiesner, Pratt, Veetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 344.89 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the JACKSON STREET SANITARY SEWER RECONSTRUCTION pur- suant to Resolution No. 335-89 and notice to bidders published in a newspaper published in the City of Du- buque, Iowa on the 5TH DAY OF 426 Regular Session October 16, 1989 OCTOBER, 1989. WHEREAS, said sealed proposals were opened and read on the 10TH DAY OF OCTOBER, 1989 and it has been deternained that the bid of MCDER- MOTT EXCAVATING of PEOSTA, IOWA in the amount of $132,072.70 was the lowest bid for the furnisbinge of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to MCDER- MOTT EXCAVATING and the Manager be and is hereby directed to ex- ecute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasua'er is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted tbis 16th day of October, 1989. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Contract. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Planning and Zon- ing Commission advising of their ap- proval to rezone property located west of Highway 151/61, South of Twin Valley Road and East of Rockdale Road from AG to C-3 as requested by Key Gate Center, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the followaing vote: Yeas--Mayor Brady, Council Members Dalch, Heck- mann, Klueaner. Pratt, Voetberg. Nays--None. Abeent--Councll Member iimon. An ORDINANCE Amending Zoning OrdinanCe by reclassifying said proper- ty from AG Agricultural to C-3 General Commercial District, presented and read, Cotmcil Member Kfuesner moved that ;his be considered the first reading of the Ordinance and that it be set for Public Hearing on November 6, 1989, at 7:30 p.m. in the Public Library Auditorinm and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Planning and Zon- lng Commlssian advising of their ap- proval of a Conceptual Development Plan and reclassification for property located at 3435 Asbury Road as requested by Ron Helle, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. An ORDINANCE Amending Zoning Ordinance by reclassifying property at 3435 Asbury Road from OR Office Residential District to PC Planned Com- mercial District, presented and read. Council Member Pratt moved that this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- lng be held on the Proposed Ordinance on the 6th day of November at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khienser, Pratt, Voetberg. Nays--None. Abeent--Councll Member Simon. Communication of Planning and Zon- lng Commission advising of their ap- , proval to rezone property located north Regular Session, of Fcothill Read and East of J.F.K. Road as requested by Gene Sumvm~, presented and read. Council Member Kluesner moved that the conmaunication be received and filed. Seconded by Council Member Voetberg, Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Abeent--Councll Member Simon. An ORDINANCE Amending Zoning Ordinance by reclassifying property located north of Foothill Court from R-3 Multi-Family Realdential District to OS Office Service District, presented and read. Council Member Kluesner moved that this be conshiered the first reading of tbe Ordlnta~ce, and that the requ/rement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the Proposed Ordinance on the 6th day of November, 1989, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish a notice in the paper as required by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluenser, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of City Mannger sub- mitring bidding documents providing fur the Rehabilitation of the 7.5 MMG Water Reservoh' located on W. 3rd St., pre- sented 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 Deich Heckmann, Kluenser, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 345-89 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: October 16, 1989 427 That the proposed plmas, specifications, form of contract and estimated cost for the REHABILITATION OF 7.5 MMG WATER RESERVOIR LOCATED ON W. 3RD STREET, in the estimated amount of $415,000.00, are hereby ap- proved and ordered filed in the office of tbe City Clerk for public inspection. Passed, approved and adopted this 16th day of October, 1989. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved edop~ion of the Resolution. Seconded by Council Member Kluesner~ Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Klueaner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 346-89 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its ~reliminary approval on the proposed tans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the REHABILITATION OF 7.5 MMG WATER RESERVOIR LOCATED ON W. 3RD STREET. NOW, THEREFORE, BE IT RE- SOLVED, that on the 20TH DAY OF NOVEMBER, 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 specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to :ause 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 twen- ty days prior to the day fixed for its con- dderation. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, con- tract, or estimated cost of the improve- mont. 428 Regular Session October 16, 1989 Passed, approved and adopted this 16th day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 347-89 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the REHABILITATION OF 7.5 MMG WATER RESERVOIR LOCATED ON W. 3RD STREET 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 au 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 thau four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 9TH DAY OF NO- VEMBER, 1989. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 20TH DAY OF NOVEMBER, 1989. Passed, approved and adopted this 16th day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of City Manager sub- mitting bidding documents provlding for the Rehabilitation of the Interior Walls of the Transit Garage Project, 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 Deicb, Heckmann, Khiesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 348-89 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 the REHABILITATION: INTERIOR WALLS OF TRANSIT GARAGE, in the estimated amount of $182,750.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 16th day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Vcotberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent-- Council Member Simon. RESOLUTION NO. 349-89 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 Regular Session and placed same on ftc in the office of the City Clerk for public inspection of the REHABILITATION: INTERIOR WALLS OF TRANSIT GARAGE. NOW, THEREFORE, BE IT RE- SOLVED, that on the 20TH DAY OF NOVEMBER, 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 specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twen- ty days prior to the day fixed for its con- sideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, con- tract, or estimated cost of the improve- ment. Passed, approved and adopted this 16th day of October, 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 Deich, Heckmann, Kluesner, Pratt, Vcetherg. Nays--None. Absent-- Council Member Simon. RESOLUTION NO. 350-89 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the REHABILITATION: IN- TERIOR WALLS OF TRANSIT GARAGE is hereby ordered to be adver- tised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. October 16, 1989 429 That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 9TH DAY OF NO- VEMBER, 1989. Bids shall be opened and read by tbe City Clerk at said time and will be submitted to the Col~ncll for final action at 7:30 p.m. on the 20TH DAY OF NOVEMBER, 1989. Passed, approved and adopted this 16th day of October, 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- lng vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Voetherg. Nays--None. Absent-- Council Member Simon. Communication of City Manager recommending vacation of an alley located south of West 3rd St. between Iowa St. and Main St., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Councd Member Simon. RESOLUTION NO. 351-89 RESOLUTION PROVIDING FOR HEARING ON THE VACATION OF AN ALLEY LOCATED BETWEEN IOWA STREET AND MAIN STREET SOUTH OF WEST 3RD STREET WHEREAS, this alley, approximate- ly 30 feet wide by 178 feet long as shown on attached plat and considered part hereof, is contiguous to Fischer Proper- ties with the exception of 26 feet o£ a va- cant lot between the olley and Main Street; and WHEREAS, in the construction of the 430 3rd Street Overpass as part of the Relocated 61 Project, access to this alley from West 3rd Street will be eliminated; and WHEREAS, in order to provide public access to the alley it would be necessary to build a ramp south of West 3rd Street from Iowa Street on property presently owned by the Fischer Companies; and WHEREAS, the State Code further- more provides that in closing of an alley or changhig the elevation of a street ~at the City may be liable to the owner of the properties for the amount of such damage or injury; and WHEREAS, the Fischer Comparles have agreed to a settlement of $70,000.00 in lleu of the construction of a ramp and to waive all claims or damages against the City as a result of the vacation of the alley; and WHEREAS, State statute requires that a publlc notice be given of any plans for the vacation of any public rights-of- way. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the City Council 0grees subject to a public hearing, that an Or- dinance be ordained for the vacation of the alley. Section 2: That the City Clerk is hereby authorized and directed to publish a notice of plans for vacation of the alley as required by Section 362.3 of the Code of Iowa 1989. Passed, approved and adopted this 16th day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution setting Public Hearing for Nov. 6, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Regular Session, October 16, 1989 Communication of Dubuque Racing Assn. requesting to use Race Track Depreciation and Improvement Fund to ~aake settlement repairs in an amount not to exceed $75,000, presented and read. Council Member Voe~berg moved that the commuhicatian be received and filed. Seconded by Council Member Heck- mann, Carried by tbe following vote: Yeas--Mayor Brady, Council Members Daich, Heckmaun, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of City Manager recommending use of the Dog Track Depreciation and Improvement Fand for electrical, plumbing and walkway repairs for the five kennels and paddock buildings resulting bom settlement in an not to exceed $75,000, presented and read. Council Member Voetberg moved that the communication be received and filed md recommendation approved. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Abeent--Canncil Member Communication of City Manager recorrm~ending approval of voluntary an- nexatian of property generally located between Rockdale Road and Highway 61/151 north of Old Bellevue Road and further recommending Council to include the adjacent Old Bellevue Road and the remainder of Twin Valley Drive as part of a voluntary annexation request, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote:Yeee--Mayor Brady, Council Members Deich, Heck- mann, Kineanar, Pratt, Voetberg, Nays--None. Absent--Council Member Simon. RESOLUTION NO. 352-89 A RESOLUTION ANNEXING ALL OF LOT 2 OF LOT 1 OF LOT 2 OF LOT 1 OF MINERAL LOT 482, ALL OF OLD BELLEVUE ROAD LYING ADJACENT TO THIS LOT AND THE REMAINDER OF TWIN Regular Session October 16, 1989 431 VALLEY DRIVE TO THE CITY OF DUBUQUE, IOWA. WHEREAS, A. J. Spiegel, as ovarer of an area of approximately 8.12 acres in size lying immediately adjacent to the City of Dubuque, Iowa, has voluntarily petitioned for annexation of said territory to the City of Dubuque; and WHEREAS, the County of Dubuque has requested that the City annex the recently vacated Old Bellevue Road and the remainder of Twin Valley Drive, which lles in the County but is ira- mediately adjacent to and surrounded by the City's corporate limits; and WHEREAS, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by the adoption of a Resolution; and WHEREAS, the future growth and development of the City of Dubuque, Iowa make it desirable that said territory be made part of the City of Dubuque, Iowa, NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate to wit: All of Lot 2 of Lot i of Lot 2 of Lot 1 of Mineral Lot 482, a pot- tion of Old Bellevue Road lying between Lot 2 of Lot i of Lot 2 of Lot 1 of Mineral Lot 482 and Lot i of Lot i of Lot 1 of Key Gate Center and Lot 2 of Lot 2 of Lot 1 of Key Gate Center and the remainder of Twin Valley Drive, Dubuque County, Iowa, The property to be annexed is shown on the attached map marked Attachment A. Section 2. That the territory hereby an- nexed shall become a part of the First Ward, 13th Precinct of the City of Du- buque, Iowa. Section 3. That the City Clerk be and she is hereby authorized and directed to submit a certified copy of this Resolution, along with the attached map, to the State Department of Transportation, the Secretoxy of State, the City Development Board and the County Recorder, in ac- cordance with provisions of Chapter 368 of the Code of Iowa. Passed, approved and adopted this 16th day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Yieckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of City Manager sub- xnitting a "Through Street Ordinance" to incorporate changes which have occun-ed over the past several years and to reflect current conditions, presented and read. Council Member Kluesner moved that the communication be received and flied. Seconded by Co~mcil Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. ORDINANCE NO. 49-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 32-213 AND ADDING IN LIEU THEREOF A NEW SECTION 32-213 PROVIDING FOR THE DESIGNATION OF THROUGH STREET, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 49-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 32-213 AND ADDING IN LIEU THEREOF A NEW SECTION 32-213 PROVIDING FOR THE DESIGNATION OF THROUGH STREETS NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 432 Regular Session, October 16, 1989 Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by deleting Section 32-213 in its entirety. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding a new Section 32-213 in lieu thereof as follows: "Section 32-213. Entering through Streets (a) Except where yield signs or of- ficial traffic control signals are erected, the driver of a vehicle shall stop or yield as required by this Chapter at the entrance to a through street and shall yield the right-of-way to other vehicles which have entered the intersec- tion from such through street or which are approaching so closely on such through street as to con- stitute a hazard, but such driver having so yielded may proceed cautiously and with due care enter such through street. (b) The following streets are designated as through streets. Third Street, from the west pro- perty line of Bluff Street to the east property line of Hill Street and from the west property line of Hill Street to the east property line of North Gr andview Avenue. Fourth Street, from the east pro- petty line of Bluff Street to the east property line of White Street. Fifth Street, West, from the west property line of Hill Street to the east property line of Delhi Street, and from the east property line of Bluff Street to the west property line of Central Avenue. Ninth Street, from Kerper Boulevard to Udiverslty Avenue. Eleventh Street, East, from the east property line of Central Avenue to the west properly line of Karper Boulevard. Twelfth Street, West, from the west property line of Central Avenue to the west property line of Bluff Street. Fourteenth Street, East, from the west property line of Elm Street to the east property line of Central Sixteenth Street, East, from Ein~ Street to its easterly terminus at the City Limits. Twentieth Street, East, from the east property line of Central Avenue to the east property line of Elm Street. Twenty-Second Street, East, from the east property line of Central Avenue to the west property line of Windsor Avenue. Thirty-Second Street, West, from its junction with Peru Road to the east property line of Joh~ F. Ken- nedy Road. Algona Street, from the south pro~ perty line of University Avenue to the north property line of St. Joseph Street. Algona Street, North, from the north property line of Loras Boulevard to the south property line of North Grandview Avenue. Ashnry Road, from the north pro- perty line of University Avenue to the east property line of the Northwest Arterial, and from the west property line of the North- west Arterial to its westerly ter- minus at the City limits. Avalon Road, from the north pro- perry line of Pennsylvania Avenue to the south property line of Hilicrest Road, and from the north property line of Hillcrest Road to the south property line of Asbury Road. Bluff Street, from West Locust Street to the north property line of West Twelfth Street and from the south property line of West Twelfth Street to the north pro- perty line of Dodge Street. Bryant Street, from the north pro- petty line of Grandview Avenue to the south property line of Dodge Street. Burden Avenue, from the west property line of Windsor Avenue to its northerly terminus. Carter Road, from the east prope~ ty line of John F. Kennedy Road Regular Session to the south property line of Kauf- mann Avenue, sa~d from the north property line of Kaufmann Ave- hue to the south property llne of West Thirty-Second Street. Central Avenue, from the north property line of Third Street to its nortlierly terminus at the City limits. Chancy Road, from the north pfc- perry line of Pennsylvania Avenue to the south property line of Hlilcrest Road, and from the north property line of Hillcrest Road to the south property line of Ashnry Road, and from the north proper- ty line of Ashary Road to the south property line of Kauhnann Avenue, and from the north pro- perty line of Kaufmann Avenue to the south property line of Kane Street. Clarke Drive, from the west pro- perty line of Madison Street to West Locust Street, and from West Locust Street to the east property line of North Grandview Avenue, and from the west proper- ty line of North Grandview Avenue to the east property line of Asbury Road. Devon Drive, from the north pro- petty line of Dodge Street to its junction with Mineral Street. Dodge Street, from the west pro- perty line of Locust Street to its westerly terminus at the City limits. Ehn Street, from the north proper- ty line of East Eleventh Street to the south property line of East Twentieth Street. Fremont Avenue, from the south property line of Dodge Street to the north property line of Shapson Street, and from the south proper- ty line of Simpson Street to its westerly terminus at the City limits. Garfield Avenue, from the east property line of Elm Street to the south property line of Fengler Street, and from the north prope~ ty llne of Fengler Street to the north property line of Shiras Avenue. October 16, 1989 433 Grandview Avenue, North and South, from the south easterly ter- minus of South Grandview Ave- hue to the south property line of Delhi Street, mxd from the north property line of Delhi Street to the south property line of University Avenue, and from the north pro- perty line of University Avenue to the south property line of Clarke Drive, and from the north proper- ty line of Clarke Drive to the south property line of Kaufmann Ave- nue, and from the north property line of Kauhnann Avenue to the south property line of Kane Street, and from the north property line of Kane Street to the south pro- perty line of West Thirty-Secend Street. Hill Stxeet, from the south proper- ty line of Ninth Street to the north property line of Dodge Street. Nlilcrest Road, from the south property line of Asbury Road to the east property line of Carter Road, and from the west proper- ty line of Carter Road to the east property line of John F. Kennedy Road, and from the west proper- ty line of John F. Kennedy Road to the east property line of Key Way Drive, and from the west property line of Key Way Drive to its westerly terminus. Iowa Street, from the north pro- perry line of East First Street to the south property line of West Seventeenth Street. Jacksou Street, from the north pr~- perry line of East Eleventh Street to the south property line of East Twelfth Street, and from the north property line of East qqvelfth Street to the south property line of East Tweuty-Fourth Street, and from the north property line of East Twenty-Fanrth Street to the south property line of West Thirty-Second Street. John F. Kennedy Road, from its easterly tern~inus to its northerly terminus at the City limite. Kane Street, from the north pro- perty line of Katffmann Avenue to the east property line of Carter Road. 434 Regular Session Kaufmam~ Avenue, from the west property line of Central Avenue to the east property line of Carter Road, and from the west proper- ty line of Carter Road to the east property line of Crissy Drive, from the west property line of Crissy Drive to the east property line of John F. Kennedy Road, and from the west property line of John F. Kennedy Road to the east property line of Boneen Road. Kerper Boulevard, from East Ninth Street to the south proper- ty line of Hawthorne Street. Kertigan Road, from its snnther- ly terminus at the City limits north to its junction with South Locust Street. Lincoln Avenue, from the north property line of Windsor Avenue to the south property line of Roosevelt Street. Locust Street, from its junction with South Locust Street north to the north property line of West Seventeenth Street. Locust Street, South, from its junction with Kerrigan Road north to its junction with Locust Street. Locust Street, West, from the north property line of West Seven- teenth Street to the east proper- ty line of Clarke Drive. Loras Boulevard, from the west property line of Central Avenue to the north property line of Univer- sity Avenue. Madison Street, from Main Street to the north property line of Clarke Drive. Main Street, from the south pro- perty line of Jones Street to the south property line of West Fifth Street, and from the north proper- ty llne of West Ninth Street to the north property line of West Seven- teenth Street. Mineral Street, from its junction with Devon Drive to its junction with O'Hagen Street. O'Hagen Street, from its junction with Mineral Street to the south October 16, 1989 property line of University Avenue. Pennsylvania Avenue, fi'om the north property line of University Avenue to the east property line of the Northwest Arterial, and from the west property line of the Northwest Arterial to its wester- ly terminus at the City limits. peru Road, from its junction with East Thirty-Secnnd Street to its northerly terminus at the City limits. Primrose Street, from the north property line of Kane Street to the sonth property line of Davenport Street. Redford Road, from its southerly terminus at the City limits to the south property line of Penn- sylvania Avenue, and from the north property line of Penn- sylvania Avenue to its northerly terminus at the City limits. Rhomberg Avenue, from the east property line of Elm Street to the west property line of Lincoln Shiras Avenue, from the north property line of Rhomborg Avenue to the Eagle Point Park exit. University Avenne, from its junc- tion with Ninth Street to the east property line of North Grandview Avenue, and from the west proper- ty line of North Grandview Ave- Due to the east property line of Asbury Road, and from the west property line of Asbury Road to its northerly terminus at John F. Kennedy Road. White Street, from the north pro- perry line of East Fourth Street to the north property line of East Twenty-First Street." Passed, approved and adopted this 16th day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published oIficially in the Telegraph Herald newspaper this 23rd day of Regular Session October, 1989. Mary A. Davis City Clerk it I0/23 Council Member Kluesner moved that this be considered the first reading of thc Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Heckmann. Ca,'led by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Veetherg. Nays--None. Absent-- Council Member Simon. ORDINANCE NO. 50-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. BY ADDING A NEW YIELD INTERSEC- TION TO SUBSECTION (2) OF SEC- TION 32-216 THEREOF PROVIDING FOR THE DESIGNATION OF YIELD SIGNS AT THE INTERSECTION OF SHIRAS AVENUE AND ORCHARD DRIVE, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 50-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA, BY ADDING A NEW YIELD INTERSEC- TION TO SUBSECTION (2) OF SEC- TION 32-216 q~HEREOF PROVIDING FOR THE DESIGNATION OF YIELD SIGNS AT THE INTERSECTION OF SHIRAS AVENUE AND ORCHARD DRIVE NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the Code of Ordinances to the City of Dubuque, Iowa, be amend- ed by adding a new yield intersection to Subsection (2) of Section 32-216 thereof as follows: "Sec. 32-216. Yield Intersections. Southbound vehicles. Southbound vehicles must yield before enter- ing the intersection of: . October 16, 1989 435 Shiras Avenue and Orchard Drive." Passed, approved and adopted this 16th day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Talegraph Herald newspaper this 23rd day of Oc- tober, 1989. Mary A. Davis City Clerk It 10/23 Council Member Kluesner moved that this be considered the first reading of the Ordinance, 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 suspend- ed and further moved final adoption of the Ordinance. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--Nnne. Absent--Council Member Simon. ORDINANCE NO. 51-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADD- ING CERTAIN STREETS TO SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE DESIGNATION OF STOP SIGNS AT GROVE TERRACE AND WEST TWELFTH STREET, HIGHLAND PLACE AND ARLINGTON STREET, CEDAR STREET AND WEST FIF- TEENTH STREET, AND MAPLE STREET AND FIFFEENTH STREET, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 51-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADD- ING CERTAIN STREETS TO SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE DESIGNATION OF STOP SIGNS AT GROVE TERRACE AND WEST TWELFTH STREET, HIGHLAND 436 Regular Session October 16, 1989 PLACE AND ARLINGTON STREET, CEDAR STREET AND WEST FIF- TEENTH STREET, AND MAPLE STREET AND FIFTEENTH STREET NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding the following streets to Subsection lb) of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections. (b) NORTHBOUND Grove Ten. ace and West Twelfth Street. Highland Place and Arlington Street. NORTHBOUND AND SOUTHBOUND Cedar Street and West Fifteenth Street. Maple Street and Fifteenth Street." Passed, approved and adopted this 16th day of October~ 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of Oc- tober, 1989. Mary A. Davis City Clerk it 10/23 Council Member Kluesner moved that this be considered the Iirst reading of the Ordinance, that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at wifich it is to be finally adopted be suspended and further moved final adoption of the Or- dinance. Seconded by Council Member Heckmarm. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent-- Council Membe~ Simon. Communication of City Manager submitting a resolution authorizing distribution of a Request for Qualifica- ;ion from developers regarding Down- town Motel/HoteL presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the fullowing vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None, Absent--Council Member Simon. RESOLUTION NO. 353-89 RESOLUTION AUTHORIZING THE SOLICITATION OF QUALIFICA- TIONS FOR THE DEVELOPMENT OF A HOTEL PROJECT IN DOWNTOWN DUBUQUE. WHEREAS, the City of Dubuque, Iowa, did on May 18, 1967, adopt an Ur- ban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15 (hereinafter referred to as the "Plan"); and WHEREAS, such Plan has been amended from time to time to permit the City to respond to development oppor- tunities as and when they may appear; and WHEREAS, the City Council finds that it is in the public interest to utilize Disposition Parcel Number 4-2 for the development of a hotal complex; and WHEREAS, the City Council has determined that it should seek a qualified developer with whom it will jointly evaluate the nature and costs of a hotel project and develop a mutually accep- table plan; and WHEREAS, the City Council beheves that it is in the best interest of the City to act as expeditiously as possible to seek a qualified devaloper. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached "Invita- tion For Qualifications" providing re- quirements for the submission of qualifications by prospective developers of a downtown hotel project is hereby approved. Section 2. That the City Manager is hereby authorized and directed to Regular Session publicize the City's interest in a downtown hotel project and to distribute said Invitation to prospective developers. Passed, approved and adopted this 16th day of October, 1989. dames E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, t~Auesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 354-89 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. F. W. Woolworth Co. 555 J. F. Kennedy Rd. Passed, approved and adopted this 16th day of October, 1989. James E. Brady Mayor Aqq~EST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon, RESOLUTION NO. 355-89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Councli for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were h~spected and found to comply with the Ordinances of tiffs City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City October 16, 1989 437 of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT J & P O'Hara, Inc Happy Joe's Old Fashioned Ice Cream and Pizza Parlor 855 Century Dr. (Also Sunday Sales) West Side Athletic Club 1755 Radford Rd. (Also Sunday Sales) Clara L. Johnson Lucky "13" Tap 385 E. 13th St. (Also Sunday Sales) CLASS "C" BEER PERMIT Robert J. Breitbach Oky Doky #9 51 West 32nd St. (Also Sunday Sales) Transport Sales KWIK STOP FOOD MART 1075 Dodge St (Also Sunday Sales) CLASS "E" BEER PERMIT Eagle Food Center #109 200 S. Locust (Also Sunday Sales) Eagle Food Center #130 1800 Ehn St. (Also Sunday Sales) Eagle Food Center #320 2050 J. F. KENNEDY (Also Sunday Sales) Passed, approved and adopted this 16th day of October, 1989. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon, RESOLUTION NO. 3564]9 WHEREAS, Applications for Liquor Licenses have been submitted to this 438 Regular Session Council for approval and and the same have been examined and approved; and WHEREAS, The premises to be oc- oupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dodge House Corporation Dodge House Motel & Restaurant 701 Dodge St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Judith M. LaPrell The Pump 1301 Rhomberg Key City Bowling Lanes, Inc. Imperial Lanes 3505 Stoneman Rd. (Also Sunday Sales) Nelda L. Bennett Old Sheng 1091 Main St. (Also Sunday Sales) The Ground Round, Inc. The Ground Round J. F. Kennedy Rd. (Also Sunday Saies) Eagle Point Tavern, Ltd. Windsor Tap 2401 Windsor Ave. (Also Sunday Sales) Kenneth J. Love & James Kohl The Grand Tap 802 Central Ave. (Also Sunday Saies) CLASS "E" LIQUOR LICENSE Sid's Beverage Store, Inc. 2727 Dodge St. Passed, approved and adopted this 16th day of October, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coancil Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, October 16, 1989 Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Printed Council Proceedings for month of April, 1989, for Council approval, presented and read. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Vcetberg. Nays--None. Aheent--Council Member Simon. MINTUES SUBMITTED: Civil Ser- vice Commission of 6-2 & 9-8; Electrical Examining Bd. of 9-18; Housing Code Appeais Bd. of 9-15; Housing Comm. of 10-3; Human Rights Commission of 9-11; planning and Zohing Commission of 9.6 & 9-20; Public Library of 9-28; TV Regulatory Comm. of 6-14 & 9-13; TV Teleprogramming Commission of 9.5 & 10~3, presented and read. Council Member Voetberg moved that the minutes he received and filed. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady. Council Members Deich, Heckmann, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Member Simon. Civic Center Commission submitting their year end report for Fiscal Year 1989, presented and read. Council Member Voetborg moved that the report be received and filed. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Aheent--Council Member Simon. NOTICES OF CLAIMS AND SUITS: Joyce Beaker in amount of $129.47 for vehicle damages; Barbara J. Curler on behalf of son Daniel, in the amount of $2,124.35 for personai injuries; Joseph Dolan in amount of $426.40 for backed- up sewer damages; Michael Feltes, in amount of $11.77 for tire damages; Howard F. & Joan C. Higley in amount of $4,052.16 for backed-up sewer damages; Elmer Melssen in amount of $193.51 for vehicle damages; Jake and Mary parkin, in the amount of $1500.00 Regular Sessioa for personal injuries, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legai Staff for investigation and report. Seconded by Council Member Heak- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Member Simon. Petition of Cy Cailahan appealing the Park Department's notice to remove two trees in front of his home at 781 Cleveland Avenue, presented and ~ead. Council Member Voetberg moved that the petition be received and filed and referred to the City Manager. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Decih, Heck- mann, Klueaner, Pratt, Vcetberg. Nays-- None. Absent--Council Member Simon. Copy of letters from concerned residents of Arbor Oaks Subdivision ex- pressing the concerns regarding the con- struction of building for Area Residen- tiai Care facility on Lot 14 of Block 9 on Castle Woods Lane, presented and read. Council Member Voetberg moved that the letter be received and filed. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Commtmication of Jeff Mozena, Chair of Historic Preservation Commission re- questing Council consider appointing a Historic Preservation Commission member to the new "planning group" when it is completed, presented and read. Council Member Voetberg moved that the cormmunication he received and filed. Seconded by Council Member Heckmann. Carried by the renewing vote: Yeas--Mayor Brady, Council Members Dcich, He&mann, Kinesner, Pratt, Voetberg. Nays--None. Absent-- Council Member Simon. REFUNDS REQUESTED: Robert Beecher, $50 on unexpired Beer Permit; Kenneth Melloy, Steve Welland and Robert Beecher, $75.00 each on unex- pired Cigarette Licenses, presented and read. October 16, 1989 439 Council Member Voetherg moved that the refunds be approved and Finance Director to issue proper checks. Second- ed by Council Member Heckmunn. Car- ried by the following vote: Yeas--Mayor BradLv, Council Members Dcich, Heck- mann, Kfuesner, Pratt, Voetberg, Nays--None. Absent--Council Member Simon. Prouf of publication, certified to by the Publisher, on Notice of publishing City Annual Financial Report for Fiscal Year ending June 30, 1989; Notice of Finding of No Significant Effect on the Environ- ment for Trilog, Inc. Project; List of claims for month of August, 1989, ~reasnted and read. Council Member Voetberg moved that .he proofs of publication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent-- Council Member Simon. Communication of Corporation Counsel recommending settlement of car damage claim of James McNeil in the amount of $188.60, presented and read. Council Member Voetberg moved that the communication be received and filed and settlement approved and Finance Director to issue proper check. Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Corporation Counsel recommending closure of car damage claim of James P. Larkin, presented and read. Council Member Vcetberg moved that the communication be received and fried. Seconded by Councll Member Hock- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heakmann, Kinesner, Pratt, Vcetherg. Nays--None. Absent--Council Member Simon. Communicatinn of Attorney Leo McCarthy, on behalf of Eagle Window and Door, Inc. requesting vacation of a 64 x 130 foot strip of 10th St. to the East, presented and read. 44O Council Member Voetberg moved that tbe communication be referred to the City Manager. Seconded by Council Member Heckuanm. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--Nane. Absent--Councll Member Simon. petition of Dubuque County Historical Society requesting extension of their cur- rent lease for tbe former Burlington Nor- them Depot land and building at the 2nd Street Ice Harbor for a term of ninety- nine 199) years, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluasner, Pratt, Veetberg. Nays--None. Absent-- Council Member Simon. Counnunication of planning and Zon- lng Commission approving final plats of property fu Birch Acres located north of Kelly Lane and East of Brankview Squ~re owned by Techiggfrie Excavating Co., presented and read. Council Member Voetbarg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Membars Dsich, Heckmann, Klueener, Pratt, Veetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 357-89 A RESOLUTION AUTHORIZING APPROVING THE FINAL PLAT OF LOT 1.2-1-1-15, BLOCK 1, BIRCH ACRES AND LOT 1.2-2.1-1-1-1-1, BIRCH ACRES IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lot 1-2-1-1-15, Block 1, Birch Acres and Lot 1-2-2-1-1-1-1-1, Birch Acres in the City of Dubuque, Iowa; 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 the , Session, October 16, 1989 City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the final plat of Lot [-2-1-1-15, Block 1, Birch Acres and Lot 1-2-2-1-1-1-1-1, Birch Acres in the City of Dubuque, Iowa be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 16th day of October, 1989. Jamee E. Rrad~ 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 Deich, Heckmann, Pratt, Veetherg. Nays--None. Absent--Couanil Member Simon. RESOLUTION NO. 358-89 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-13, 5, LOTS ld0, BLOCK 6 OF BIRCH ACRES IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lots 1-13, Block 4, Lots 7-11, Block 5, Lots 1-10, Block 6 of Birch Acres in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear streets to be known as Carriage Hill Drive, Carriage Hill Court, Thornwend Court and Thornwood Drive, together with certain public utility easements which the Owners by said finaiplat have to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the Regular Session, October 16, 1989 441 statutes and ordinances relating thereto, except the drive grades have not been established, the drives brought to grade or paving installed; WHEREAS, the City in the conditions of approval established by the City Planning and Zoning Commission. NOW, THEREFORE~ BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Car- riage Hill Drive, Carriage Hill Court, Thornwoed Court and Thornwoed Drive, together with the easements for public utilities as the same appear upon said finaiplat, be and the same are hereby ac- cepted; and Section 2. That the final plat of Lots 1-13, Block 4, Lots 7-11, Block 5, Lots 1-10, Block 6 of Birch Acres in the City of Dubuque, Iowa be and the same is hereby approved wad the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, pro- vided the owners of said properly herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard sarface with bituminous concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard speelfica~ions; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and cateli basins in accordance with plans submit- ted with the plat; e. To install concrete sidewalks as required by Ordinances, and where dir- ected by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with City specifications; g. To construct the foregoing ira- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To construct said improvements, except sidewalks, within two years fi'om the date of acceptance of tbls resolution; i. To maintain the foregoing im- provemente for a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide the foregoing construc- and maintenance at the sole expense of the subdivider, as owner, or future And further provided that said Tschiggfrie Excavating Company, owner of said subdivision, secure the perfor- manee of the foregoing conditions by pr~- riding security in such form and with be acceptable to the City Manager. Section 3. That hi the event Techlgg~e Excavating Company sholl far to execute the acceptance and furnish the security provided in Section 2 hereof within forty- five (45) days after the date of this Resolution, the provisions hereof sho]l be null and void and the acceptance of the dedication and approval of the final plat be effective. Passed, approved and adopted this 16th day of October, 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 Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Planning and Zon- ing Commission approving final plat of Sunset park Fifth Addition located south of Pennsylvania Avenue owned by Carl and Mary Ann Buthach, presented and Council Member Voc~berg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members 442 Deinh, Heckmann, Kinesner, Pratt, Veetherg. Nays--None. Aheent--Couneil Member Simon. RESOLUTION NO. 359-89 A RESOLUTION APPROVING THE FINAL PLAT OF SUNSET PARK FIFTH ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat Sunset Park Fifth Addition in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear streets to be known as Lucy Drive and Welu Drive, together with certain public utility easements which the Owners by said final plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City planning and Zon- ing Commission and had its approval an- darsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same confurms to the statutes and ordinances relating thereto, except that drive grades have not been established, the drive brought to grade or paving installed; WHEREAS, the City Council concurs in the conditions of approval established by the City Planning and Zoning Com- mission. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lucy Drive and Welu Drive, together with the easements for public utilities as the same appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Sunset Park Fifth Addition in the City of Du- buque be and the same 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, provid- ed the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to constrUct concrete curb and gutter and to hard surface with bituminous concrete, Session October 16, 1989 r with concrete paving with integral curb, ail in accordance with the City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water mrvice laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch basins in accoedanee with plans submit- ted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with City specifications; g. To constrUct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To construct said improvements, except sidewalks, prior to two years from the date of acceptance of this resolution; i. To meintain the foregoing im- provements for a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide the foregoing constmc- ~ and maintenance at the sole expense subdivider, as owner, or future owner; And further provided that said Carl Burbach and Mary Ann Burbach, as owners of said subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Carl Bur- bach and Mary Ann Burbach shall fail o execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the Resolution, the provisions hereof shall he nail and void and tbe acceptance of the dedication and approval of the final plat shall not be effective. Passed, approved and adopted this 16th day of October, 1989. ATTEST: Regular Session October 16, 1989 James E. Brady Mayor Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 359-89 We, the undersigned, Carl J. Burbach and Mary Ann Burbach, having reed the terms and conditions of Resolution No. 359-89 and being familiar with the con- ditions thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa, this 26th day of October. 1989. By: s/Carl J. Burbach By: s/Mary Ann Burbach TO: Mary A. Davis City Clerk This is to certify that the se~-arity pro- vided by foregoing Resolution No. 359-89 has been furnished by the owners. Dated at Dubuque, Iowa, this 15th day of November, 1989 s/W. Kenneth Gearher~ City Manager Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Planning and Zon- ing Conwnisalon approving final plat of Lots 1, 2 and 3 Brittany Woods, Du- buque County, located north of J.F.K. Road and East of Rupp Hollow Road owned by Lime Rock Springs Co., presented and read. Council Member Voctberg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following voto: Yeas--Mayor Brady, Council Members Dalch, Heekmann, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 360-89 A RESOLUTION APPROVING THE FINAL PI~T OF LOTS 1, 2, 443 AND 3 OF BRITTANY WOODS IN DUBUQUE cOUNTY, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lots 1, 2 and 3 of Brittany Woods in Dubuque Court- ty, Iowa; and WHEREAS, upon said final plat ap- . street to be known as Brittany Court, together with certain public utili- ty easements whicix the owners, by said plat, heve dedicated to the public forever; and WHEREAS, said final plat has been examined by the City planning and Zon- ing Commission emd had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that drive gredes have not been established, and drive brought to grade or paving installed. NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the easement for public utilities as the same appear upon said plat be and the same is hereby accepted. See4ion 2. That the final plat of Lots 1, 2 and 3 of Brittany Woods in Dubuque County be and the same 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, provid- ed the owners of said property heraln named execute their wdtton acceptance hereto attached agreeing: a. To reduce all streets to grade and to hard-surface the streets of Brittany Com't with bituminous concrete, or with concrete paving, ail in accordance with approved plans on file in the Office of the City Engineer, City of Dubuque, Iowa; b. To provide the foregoing con- struction and maintenance of all said im- provements at the sole expense of the owner, Lime Rock Springs Co. or their successors as assigned; and c. To construct all said im- provements within two years from the date of adoption of this resolution by the City of Dubuque, Iowa. 444 Regular Session Section 3. That the aforesaid Lime Rock Springs Co., as owner, shall secure the performance of the foregoing condi- tlons by providing security in such form and with such surety that may be ap- proved by the City Manager of the City of Dubuque, Iowa. Section 4. That in the event Lime Rock Springs Co, shall fall to execute the ac- ceptance and furnish the security provid- ed for in Section 3 hereof within 45 days after the date of this resolution the pro- visions hereof shall be null and void and approval of the final plat shall not be effective. Passed, approved and adopted this 16th day of October, 1989. James E, Brady Mayor ATTEST: Mary ~. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 360-89 I, the undersigned, James Gantz, Pres/- dent, Lime Rock Springs Company, hav- ing read the terms and conditions of Resolution No. 360-89 and being familiar with the conditions thereof, hereby ac- cept the same and agree to the conditions required therein. Dated at Dubuque, Iowa, this 3rd day of November, 1989. By: s/James Gantz President Lline Rock Springs Company TO: Mary A. Davis City Clerk This is to certify that the security pro- vided by foregoing Resolution No. 360-89 has been furnished by the owners. Dated at Dubuque, Iowa, this 20th day of November, 1989. s/W. Kenneth Gearhart City Manager Council Member Voetherg moved adoption of the Resolution. Seconded by Council Mecaber Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckman~ Kluesner, Pratt, Voetherg. Nays--None. Absent--Cannail Member Simon. Communication of City Manager )ctober 16, 1989 recommending acceptance of the im- provement for the Rehabilitation of the Locust St. parking Ramp, presented and read. Council Member Voetherg moved that the commuhication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckmann, Kluesner, Pratt, Voetbexg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 361.89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the REHABILITATION OE LOCUST STREET PARKING RAMP has been completed and the City Manager has e×- ~mined the work and filed lds certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW, THEREFORE, BE IT 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 d~rected to pay to the contractor fi'om the 'ARKING CONSTRUCTION FUND in amount equal to the ~unount of his con- tract, less any retained percentage pro- vided for therein. Passed, approved and adopted this 16th day of October, 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 De/ch, Heckmann, Klueaner, Pratt, Veetberg. Nays--None. Absent--Council Member Simon, t~ESOLUTION NO. 362-89 FINAL ESTIMATE WHEREAS, the contract for the Regular Session October 16, 1989 445 REHABILITATION OF LOCUST STREET PARKING RAMP has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all mieceHaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~i0n 1. That the cost of said im- provement is hereby determined to be $413,862.38 and the said amount shall be paid from the PARKING CONSTRUC- TION FUND of tlie City of Dubuque, Iowa. Passed, approved o~ad adopted this 16th day of October, 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 Da/ch, Heckmann, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Member Simon. Cmnmunicatinn of City Manager recommending acceptance of the project of reroofing of the Eagle Point Filter/Pump Station, presented and read. Council Member Voetherg moved that tho communication be received and filed. Seconded by Council Member Heck- mann. Carried by tho following vote: Yeas--Mayor Brady, Council Members Da/ch, Heckmann, Khiesner, Pratt, Veetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 363-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the ROOFING PROJECT AT EAGLE POINT FILTER/PUMP STATION has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plm~s and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the WATER CONSTRUCTION FUND in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, approved and adopted this 16th day of October, 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 Da/ch, Heckmaun, Kluesner, Pratt, Vcetberg. Nays--None. Abeent--Council Member Simon. RESOLUTION NO. 364-89 FINAL ESTIMATE WHEREAS, the contract for the ROOFING PROJECT AT THE EAGLE POINT FILTER/PUMP STA- TION has 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 miscellaneous costs; NOW. THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $41,916.60 and the said mnount shall be paid from the WATER CONSTRUC- TION FUND of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of October, 1989. Jmnes E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Voetberg moved 446 Regular Session October 16, 1989 adoption of the Resolution. Seconded by Council Member Heckmaun. Carried by Approved the following vote: Yeas--Mayor Bredy, Council Members Dalch, Heckmann, Adopted_ Kluesner, Pratt, Voetberg, Nays--None. Absent--Council Member Simon. At 8:55 p.m. Council Member Heckmann moved to go into Closed Ses- sion in accordance with Chapter 21.5 1989 Code of Iowa, as amended, to discuss the purchase of particular real estate only where premature dlsalosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kinesner, Pratt, Voetberg. Nays--None, Absent--Canncll Member Simon. At 9:56 p.m, Council reconvened in regular session. Mayor advised that direction had been given to the City Manager regarding purchase of par- ticular real estate. There being no further business, Coun- cil Member Voetberg moved to adjourn. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, V~etberg. Nays--None. Absent--Council Member Simon. Meeting adjourned at 9:57 p.m. Mary A. Davis City Clerk Mayor Council Members ATTEST: City Clerk __1990 __1990 Regular Session, November 6, 1989 CITY COUNCIL OFFICIAL Regular Session, November 6, 1989 Council Met at 7:30 P.M,, Public Library Auditorium. Present--Mayor Brady, Council Mem- bers Dcich, Heckmann, Kinesner, Pratt, Simon, Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council Invocation was given by Dr. Linda Smith, Director of Contextual Education of University of Dubuque Theological Seminary. PROCLAMATION(S): Month of No- vember as "Alzbeimer Disease Public Awareness Month" received by Elleen Carr; November 5-11 as "Key Club Week" received by Stacey Ruzlsak; November 6-12 as "Radloingic Tech- nology Week"; November 11-12 as "Learning Together Weekend" received by Dick Landis; November 12-18 as "American Educa- tion Week" received by Francis Hedeman; November 19-26 as "National Bible Week". City Manager and Mayor presented Action Acknowledgement Certificates to serveral City employees. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone property west of Hwy. 151-61 south of Twin Valley Road and east of Rockdale Road from AG to C-3 Zoning AND Petition from Ann Tuegel et al (containing 82 signatures) objecting to the rezoding requested by Key Gate Center for above property, presented and read. Council Member Kinesner moved that the proof and petition be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- 447 ncr, Pratt, Simon, Voetberg. Nays-- Council Members Dcich, Heckmann. Council Member Kluesner moved to suspend the rules to allow public input. Seconded by Comacll Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heck- mann, Kinesner, Pratt, Simon, Veetberg. Nays--None. AN ORDINANCE Amending Appen- dix A of the Code of Ordinances by reclassifying property located west of Hwy. 151/61, south of Twin Valley Road and East of Rockdale Road from AG Agricultural to C-3 General Commercial District (lst reading only given 10-16-89), presented and read. Council Member IQuesner moved that this be considered the second reading of ;he Ordinance mxd an agreement signed by the owners agreeing that there be a forty foot setback on Rockdale Road, limiting new curbcuts, and adjourn the public hearing to the next Council Meetingof 11-20-89. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Kluesner, Pratt, Simon, Voet- berg. Nays--Council Members Deich, Heckmann. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone property at 3435 Asbury Road from OR to PC and approve Conceptoal Development Plan, presented and read. There were no written objections received ;be time of the Hearing. Council Member Pratt moved that tbe e received mad filed. Seconded by Council Member Kinsener. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 52-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 3435