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1989 November Council Proceedings446 Regular Session October 16, 1989 adoption of the Resolution, Seconded by Council Member Heckmann. Carried by the foriowing vote: Yeas--Mayar Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon, At 8:55 p.m. Council Member He&mann moved to go into Closed Ses- sion in accordance with Chapter 21.5 l(j) 1989 Cede of Iowa, as amended, to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. 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. At 9:56 p.m. Council reconvened in regular session. Mayor advised that direction had been given to the City Managar 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 Dalch, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Meeting adjourned at 9:57 p.m. Mary A. Davis City Clerk Approved Adopted __1990 _ 1990 Mayor Council Members ATTEST: City Clerk Regular Session, November 6, 1989 447 CITY COUNCIL OFFICIAL Regular Session, Novemb~ 6, 1989 Council Met at 7:30 P.M, Public Library Auditorium. Present--Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Simon. Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindald. 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 "Alzheimer Disease Public Awareness Month" received by Eileen Carr; November 5-11 ~s "Key Club Week" received by Stacey Ruzisak; November 6-12 as "Radioingic 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 November 19-26 as "National Bible 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 rezoning requested by Key Gate Center for above property, presented and Council Member Kluesner 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- ncr, Pratt, Simon, Voetberg. Nays-- Council Members Deich, Heckmann. Council Member Kluesner moved to suspend the rules to allow public input. Seconded by Council Membex Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Vcetberg. 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 Commexcial District (1st reading only given 10-16-89), aresented and read. Council Member Kluesner moved that this be considered the second reading of the Ordinance and 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 Meeting of 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 Delch, 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 Conceptual Development Plan, presented and read. There were no written objections received ~nd no oral objectors present at tim time of the 1{earing. Council Member Pratt moved that tbe proof of publication be received and fried. Seconded by Council Member Klusener. 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 448 Regular Session November 6, 1989 ASBURY ROAD FROM OR OFFICE RESIDENTIAL DISTRICT TO PC PLANNED COMMERCIAL DIS- TRICT, said Ordinance having been presented and read at the Council Meeting of October 16, 1989, presented for fine/action. (OFFICIAL PUBLICATION) ORDINANCE NO. 52-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THATTHE CODE OF ORI~INANCES, 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 ASBURY ROAD FROM OR OFFICE RESIDENTIAL DISTRICT TO PC PLANNED COMMERCIAL DIS- TRICT. WHEREAS, Ron Helle, applicant, has filed au application for reclassification of said property from OR Office Realdentiai to PC Plam~ed Commercial District and has filed a Conceptual Development Plan for certain property hereinafter described in accordance with the provisions of the Planned Commercial District regulations as set forth in Section 3-3.8(D) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the planning and Zoning Conunissian has held a public hearing on said conceptual development plan and said application for zoning reclassifica- tion pursuant to required published notice; and WHEREAS, tbe Planning and Zoning Cormnission has approved said conceptual development plan and said application for zoning reclassification subject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-3.8D(4) of the Cede of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Platming and Zoning Commission recommended the concur- rence of the City Council and approval of said conceptual development plan and said application for zoning reclassifica- tion; · nd WHEREAS, the City Council has received the recommendation of the plan- ning and Zoning Commission and has held its own public hearing on said con- ceptual development plan and said eppli- cation of zoning reclassification pursuant to required published notice; and WHEREAS, the City Cotmcil has ap- proved said conceptual development plan and said application for zoning reclassi- fication subject to the same specific con- ditions and restrictions. NOW, THEREFORE, BE IT OR- )AINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa by reclassifying from OR Office Residential District to PC planned Commercial District the following described property, to wit: Lot 4 and Lot 5, both in Block 1 in Westchester, and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Section 2. That in order to accomplish the purposes of the PC Planned Commer- ciel Distrie~ and of the Zoning Ordinance, the property bereinabove described and reclassified is so reclassified subject to the following conditions and restrictions: 1) The principal permitted uses shall be limited to: a) Non-canunercial art gallery [13] b) School of private instruction [4] c) General office [14] d) Medical Office/Clinic [36] e) Dental/medical lab [8] f) Personal services ]14] g) Barber shop/beauty shop [161 h) Shoe repair [181 i) Jewelry store [17] j) Sewing/fabric store ]17] k) Taikiring/aitexatinns [18] 1) Books/stationery store [17] m) Cameraiphoto supply store [17] n) Computer sales and service ]17] o) Photographic studio ]23] p) Business services [29] q) Banks/savings and loans/credit unions ]13] r) Office supply [19] 2) Accessory uses shall be limited to Regular Session, November 6, 1989 any use customarily incidental and subor- dinate to the principal use. B. Lot and Bulk Regulations. Development of land on this particular PC Planned Conumerciai District shall be regulated as follows: 1) The primary structure shall con- aist of the existing building containing approxinmtely 7,500 square feet. 2) Accessory structures may be located in the rear side yard. 8) Minimum front yard setback 30 feet; minimum rear yard setback 15 feet; minimum east side yard setback 10 feet; minimum west side yard setback 69 feet. C. Parking Requirements. 1)The off-street parking and loading requirements for the principai permitted uses for the herein described PC Planned Commercial District are indicated by a bracket-enclosed number next to the use as provided in Section 4-2.7 of the Zon- ing Ordinance of the City of Dubuque, Iowa. d. Signs. 1) The sign regulations shall be the stone as that which are allowed in the OS Office Service District as established in Section 4-3.11 of the Zoning Ordinance of the City of Dubuque, Iowa. E. Site Plan Provisions. 1) Site plan requirements as established in Section 4-4, and 2) the landscaping and screening re- quirements as established in Section 4-5 shall apply to this PC Planned Cormner- cial District. F. Transfer of Ownership. 1) Transfer of ownership or lease of property in this PC Planned Commercial District shall include in the transfer or lease agreement a provision that the pur- chaser or leasee acknowledges awareness of the conditions anthorizing the estab- lishment of tiffs district. Section 3. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor 449 ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of November, 1989. Mary A. Davis City Clerk It 11/10 Council Member Kinesner moved final adoption of the Ordinance. Seconded by Council Member th. att. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Proof of publicniion, certified to by the Publisher, on Notice of Public Hearing to reclassify property north of Foothdi Road and East of J.F.K. Road from R-3 to OS Zoning, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publica- tion 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. ORDINANCE NO. 53-89 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 NORTH OF FOOTHILL COURT FROM R-3 MULTI-FAMILY RESIDENTIAL DISTRICT TO OS OFFICE SERVICE DISTRICT, said Ordinance having been presented and read at the Council Meeting of October 16, 1989, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 53-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE 450 Regular Session, AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY NORTH OF FOOTHILL COURT FROM R-3 MUTLI-FAMILY RESIDENTIAL DISTRICT TO OS OFFICE SERVICE DISTRICT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of OrdinanCeS of the City of Dubuque, Iowa be amend- ed by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from 1~3 Multi-Family Residential District to OS Office Service District, to wit: The westerly 200 feet of Lot 1 of Asbury Springs Subdivision No. 5 and to the center line ul the ad- joining public right-of-way, all in the City of Dubuque. Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the planning and Zoning Commission of the City of Dubuque, Iowa, Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of November, 1989. Mary A. Davis City Clerk It 11/10 Council Member Kinesner moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas/Mayur Brady, Council Members De/ch, Heckmann, Kinesner, Pratt, Simon, Vt~therg. Nays- None. proof of publication, cer tiffed to by the Publisher, on Notice of Public Hearing to vacate an alley located between Iowa Street and Main Street south of West 8rd St., presented and read. There were no written objections received and no oral November 6, 1989 objectors present at the time of the Hearing. Council Member Kinesner moved that the proof of publication be received and filed. Seconded by Council Me~nber Voetberg. Carried by the following vote: Yeas/Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetherg. Nays-None. ORDINANCE NO. 54-89 AN ORDINANCE VACATING A PUBLIC ALLEY LOCATED BE- TWEEN IOWA STREET AND MAIN STREET SOUTH OF W. 3RD STREET, pRESENTED AND READ. (OFFICIAL PUBLICATION) ORDINANCE NO. 54-89 AN ORDINANCE VACATING A PUBLIC ALLEY LOCATED BE- TWEEN IOWA STREET AND MAIN STREET SOUTH OF W. 8RD STREET WHEREAS, a public alley exists ap- proximately 30 feet wide by 170 feet long located between Iowa Street and Main Street south of W. 3rd Street which is contiguous to Fischer properties with the excePtion of 26 feet of a vacant lot be- tween the alley and Main Sti'eet; and WHEREAS, in the construction of the 3rd Street overpass as part of the Relocated 61 project, access to this alley from W. 3rd Street will be eliminated; and WHEREAS, in order ~to provide public access to this alley in the future, it would be necessary to build a ramp south of W. 3rd Street from Iowa Street on proper- ty presently owned by the Fischer Com- pahies; and WHEREAS, the Fischer Companies have agreed tea settlement of $70,000.00 in lieu of the construction of a rmnp across its property and to waive all as a result of the vacation of the alley; and WHEREAS, the City will continue to retain all rights to use of the alley for utility purposes both for existing City and private utilities; and WHEREAS, the City Council has determined that the alley is no longer re- quired for public use and vacating of said alley approximately 30 feet wide by 178 feet long between Iowa St~eet and Main Regular Session, November 6, 1989 451 Street south of W. 3rd Street, as desctib- ed on the attached plat and considered a part hereof, should be approved. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the alley located south of W. 3rd Street between Iowa Street and Main Street, as shown on the attached plat and considered a part hereof, in the City of Dubuque, Iowa be and the same is hereby vacated. Section 2. That the City retains all ex- isting utility rights, including right of egress and ingress for reconstructing, modifying, maintaining and utilizing all City owned and privately owned utilities. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of rids Ordinance, after its passage, with the City Assessor, Dubuque County Records, and Dubuque County Treasurer of Dubuque County, Iowa. passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor A'i~EST: Mary A. Davis City Clerk Published officielly in the Telegraph Herald newspaper this 10th day of November, 1989. Mary A. Davis City Clerk It 11/10 Council Member Voetherg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Kinesner. Carried by the following vote: Yeas/Mayor Brady, Council Members De/ch, Heckmann. Kluesner, Pratt, Simon, Voetberg. Nays-None. Communication of City Manager reconunending a public hearing be set to provide for the vacating of a portion of East 10th St. in Dubuque, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas/Mayor Brady, Council Members De/ch, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays-None. RESOLUTION NO. 365-89 RESOLUTION APPROVING PLAT OF A VACATED PORTION OF 64~ WIDE EAST 10TH STREET KNOWN AS CITY LOT 505B LOCATED FROM A POINT 220 FEET EASTERLY OF EASTERLY LOT LINE OF WASHINGTON STREET AND EXTENDING TO A POINT 129.85 FEET TO SOUTH EASTERLY CORNER OF LOT i OF I OF 3 OF CITY LOT 505B WHEREAS, there has been presented to the City Council of the City of Du- buque, Iowa, a plat dated Septen~her 26. 1989, prepared by IIW Associates, P.C., Dubuque, Iowa, describing the vacated portion of the 64' wide East 10th Street known as City Lot 505B; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RE- {OLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the plat dated September 26, 1989 prepared by IIW Associates, P.C, relative to the reel estate herelnabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the Office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner ~noved adop- tion of the Resolution. Seconded by Council Member Voetherg. Carried by 452 Regular Session, November 6, 1989 the following vote: Yeas-M~°uncil Member Voetberg. Carried by Council Members Deich, Heckmann, the following vote: Yeas/Mayor Brady, Klueener. Pratt, Simon, Vcetberg. Nays- None. RESOLUTION NO. 366-89 RESOLUTION DISPOSING OF CITY INTEREST IN EAST 10TH STREET KNOWN AS CITY LOT 505B IN THE CITY OF DUBUQUE, IOWA WHEREAS, Eagle Window & Door, Inc. has requested the vacation of a por- tion of 64' wide East 10th Street knov~ as City Lot 505B; and WHEREAS, IIW Associates, P.C, Dubuque, Iowa has prepared and submit- ted to the City Council a plat showhig the vacated portion of East 10th Street known as City Lot 505B thereof, which hereinafter shall be known and describ- ed as City Lot 505B in the City of Dubu- que, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of East 10th Street is no longer required for public use, and vacating and sale of said portion of East 10th Street known as City Lot 505B in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in City Lot 505B in the City of Dubuque, Iowa. Section 2. That the conveyance of City Lot 505B in the City of Dubuque, Iowa be contingent upon the petitioners pay- ment of surveying, platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause and notice of intent to dispose of said real estate in the manner as pre- scribed by law. Passed, approved and adopted this 6tb day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk CouncilMember Y-Auesner moved adop- tlon of the Resolution. Seconded by Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Veetberg. Nays- None. An ORDINANCE Vacating a portion 4 foot wide portion of East 10th St. lying between a point 129.85 feet to the ~outheasterly corner of Lot 1 of 1 of 3 of City Lot 505B, presented and read. Council Member KIueaner moved that this be considered the first reading of an Ordinance and that the requirement that a proposed Ordinance be considered and for passage at two council meetings prior to the meeting at which t is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 20th day of November, 1989 at 7:30 P.M. in the Pubfic Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Veetberg. Carried by the followlng vote: yeas--Mayor Brady, Council Members Daich, Heckmann, Kinesner, Pratt, Sinlon, Voetberg- Nays--None. Communication of City Manager re- commending a public hearing be held on November 20, 1989 to consider civil pen- alty assessments against Mdigrew Oil Co., Kenneth J. Melloy, Schroby's Inc., and Iowa Oil Co. in the amount of $300 each as allowed under Chapter 123.69 of the Cede of Iowa, presented and read. Council Member Voetberg moved that the communication be received and flied and approved recommendation with Public Hearings scheduled for November 20, 1989 at 7:30 P.M. in the Public Library Auditorium and the Legal Staff to notify the parties involved. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heck- mann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Communication of City Manager responding to Cy Callahan's appeal on the removal of two trees between the street and sidewalk at 781 Cleveland Avenue and recommending Council deny the appeal and authorize the removal of the two street trees, presented and read. Council Member Kluesner moved that the communication be received and filed Regular Session and recommendation approved. Second- ed by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Petition of Sharon Dull Mvllen appeal- ing denial of demolition permit for pro- perty at 445 Loras Blvd., and Com- munication of City Manager sub~nitting background material regarding above ap- peal, presented and read. Council Member Kluesner moved that the petition and communication be received and fried and denial affirmed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Petition of Jan Schmitt, Sue Clauer, Lynn Lampe and Brian Fedderson re- questing fx~rther investigatinn regarding a claim that was denied regarding the breakage of a water main at the corner of Avon and Dell Streets, presented and read. Mr. Lampe stated this was the se- cond occurrence. Council Member Pratt moved that the petition be received and filed and refer- red to the Legal Staff for further in- vestigation and report. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmanu Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Patricia Friedman presenting "Recommendations for Im- proved Pvxking Conditions in Downtown Dubuque" as prepared by Dubuque Main Street Ltd. parking Task Force and Com- muincation of City Manager responding to recommendations submitted by the Task Force, presented and read. Ms, Friedman spoke to the recommendations as presented. Council Member Pratt moved that the communications be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcicb Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 55-89 AN ORDINANCE AMENDING THE November 6, 1989 453 CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA, BY DELETING CERTAIN AREAS IN PARKING METER DISTRICTS A, B AND C IN SECTION 32-336 THERE- OF AND ADDING CERTAIN AREAS IN PARKING METER DISTRICTS A, C, D AND E IN SECTION 32-336 IN LIEU THEREOF PROVIDING FOR THE PLACEMENT OF CERTAIN PARKING METER SPACES IN OTHER DISTRICTS, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 55-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN PARKING METER DISTRICTS A, B AND C IN SECTION 32-336 THERE- OF AND ADDING CERTAIN AREAS IN PARKING METER DISTRICTS A, C, D AND E IN SECTION 32-336 IN LIEU THEREOF PROVIDING FOR THE PLACEMENT OF CERTAIN PARKING METER SPACES IN OTHER DISTRICTS. 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 deleting certain areas in pm, king meter districts A, B and C in Section 32-336 thereof as follows: "Sec. 32-336. Districts. Parking Meter District A, Ninth Street, north side, from Iowa Street to a point approximately sixty (60) feet east of Locust Street Ninth Street, south side, between Iowa Street and the alley west of Iowa Street Tenth Street, both sides, between Iowa and Locust Streets Central Avenue, both sides, between Eighth and Eigbteanth Streets Main Street, east side, between Nintb and Tenth Streets Main Street, west side, between Tenth and Eleventh Streets Main Street, east side, from a point ap- proximately seventy (70) feet north of Tenth Street to Eleventh Street 454 Regular Session November 6, 1989 parking Meter District B, Eighth Street, north side, between Bluff Street and University Avenue Ninth Street, East, north side, from Cen- trai Avenue to White Street Parking Meter District C, Eighth Street, both sides, between Cen- tral Avenue and White Street Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding certain areas in parking meter districte A, C, D and E in Section 32.336 thereof as follows: "Sea 32-336. Districts. Parking Meter District A, Ninth Street, north side, from Main Street to a point approximately sixty (60) feet east of Locust Street Tenth Street, north side, between Iowa and Locust Stre~te Tenth Street, south side, between Main and Locust Streets Central Avenue, both sides, between Ninth and Eighteenth Streets Main Street, east side, from Ninth Street to a point approximately one hundred five (105) feet north of Ninth Street and from a point one hun&ed fifty (150) feet north of Ninth Street to Tenth Street parking Meter District C, Eighth Street, north side, from Bluff Street to Hill Street parking Meter District D, Central Avenue, east side, from a point approximately one bun&ed sixty-five (165) feet north of Eighth Street to a point approximately two hundred ten (210) feet north of Eighth Street Main Street, east side, from a point approximately one hundred five (105) feet north of Ninth Street to a point approx- imately one hun&ed fifty (150} feet north of Ninth Street Parking Meter District E, Eighth Street, both sides, between Cen- tral Avenue and White Street Nhith Street, north side, from Main Street to Iowa Street and from Central Avenue to White Street Ninth Street, south side, between Iowa Street and the alley west of Iowa Street Tenth Street, south side, between Iowa and Main Streets Central Avenue, east side, from Eighth Street to a point approximately one hun- dred sixty-five (165) feet north of Eighth Street and from a point approximately two hun&ed ten (210) feet north of Eighth Street to Ninth Street Central Avenue, west side, between Eighth and Ninth Streets Main Street, east side, from a point ap- proximately seventy (70) feet north of Tenth Street to Eleventh Street Main Street, west side, irom Tenth Street to Eleventh Street Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 1 lth day of November 1989. Mary A. Davis City Clerk it 11/11 Couucil Member Pratt moved that this be considered the first reading of the Or- dinanee, mad 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 Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann. Kluesner, Pratt Simon, Voetberg. Nays--None, Communication of City Manager recommending Council approve the defeasance of outstanding parking revenue bonds and approve a refunding Trust Agreement establishing ~u irre- vocable refunding escrow account and ap- pointing American Trust and Savings Bank as trustee, presented and read. Council Member Deich 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. Voetberff. Nays--None. Regular Session, November 6, 1989 455 RESOLUTION NO. 367-89 RESOLUTION APPROVING THE DEFEASANCE OF OUTSTANDING PARKING REVENUE BONDS WHEREAS, the City of Dubuque has heretofore issued Parking Revenue Bonds in the amount of $1,250,000 dated June 1, 1964, $600,000 dated January 1, 1969 and $850,000 dated July 1, 1977 for the purpose of expanding and improving the public motor vehicles parking facili- ty system of which $1,005,000 is current- ly outstanding; and WHEREAS, the Parking Revenue Bond Resolution pertaining to such bond issues contains certain restrictive language pertaining to debt service coverages, use of debt service reserve fund and use of revenue from new park- ing facilities which should be removed before the City issues new Pm'king Revenue Bonds; and WHEREAS, the City of Dubuque is considering the issuance of new Parking Revenue Bonds for the purpose of con- struct fug a new parking ramp in response to existing and anticipated parking needs; and WHEREAS, sufficient funds are available in the Parking Syste~n Reserve Fund, Parking System Sinking Fund, Parking System Operating Fund and Parking System Construction Fund to provide the proper and timely application of money and investment income for the payment of the principal and hiterest due on remaining unpaid parking revenue bonds; and WHEREAS, it is recommended by the City Manager that available Parking System funds be used to defease or re- fund the outstanding Parking Revenue Bonds and thereby set aside the restric- tive Parking Revenue Bond Resolution. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the defeasance of outstanding Parking Revenue bonds issued June 1, 1964; January 1, 1969; and July 1, 1977 in the total amount of $2,700,000 is hereby authorized and approved. Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 368-89 RESOLUTION APPROVING THE REFUNDING TRUST AGREEMENT DATED NOVEMBER 15, 1989, AND AUTHORIZING ITS EXECUTION WHEREAS, parking Revenue Bonds in the mnount of $1,250,000, $600,000 and $850,000 dated June 1, 1964, January 1, 1969 and July 1, 1977, respec- tively, have been sold at public sale for the purpose of expanding and improving the public motor vehicles parking facilities system; and WHEREAS, in order to provide for the proper and timely application of money and investment income derived from the operaglon of the public motor vehicles facilities system for the payment of the principal and interest due on the Park- ing Revenue Bonds in the amount of $1,250,000, $600,000 and $850,000 dated June 1, 1964, January 1, 1969 and July 1, 1977, respectively (hereinafter "Fund- ed Bonds"), it is necessary to enter into a Funding Trust Agreement and to enter into certain covenants with the holders of the Funded Bonds; and WHEREAS, a Funding Trust Agree- ment has been prepared to be entered in- to between the City and the American Trust and Savings Bank. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the American Trust and Savings Bank is hereby appointed to serve as Trustee pursuant to the terms of the Funding Trust Agreement. Section 2. That the Funding Trust Agreement with the American Trust and Savings Bank is hereby approved and that the Mayor and City Clerk are authorized to sign the Agreement on behalf of the City of Dubuque, Iowa. The City Treasurer is authorized and directed 456 Regular Session, November 6, 1989 to perform the obligation o~r°up were that an additional park- under tho Agreement and to de~p~,sit .in I lng facility be constructed; and escrow for the purpose thereof t.h~ in~- I WHEREAS, an interview conunittee vestments and moneys of the municipal [ consisting of representation from Du- parking system enterprise as provided in I buque Main Street and City staff have the ~greement. ' interviewed five nationally established Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Voetharg. Carried by the following vote: Yeas--Mayor Brady, Council Man, bets Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing Manager be authorized to ex- ecute a contract with au engineering firm for the development of plans for au adi ditional downtown parking facility, presented and read. Cotuxcli 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, Hackmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 369-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH AN ENGINEERING CONSULTANT FOR DESIGN OF A PARKING RAMP FACILITY WHEREAS, there is convincing evidence that additional parking is necessary in the downtown area; and WHEREAS, existing parking ramps are operating at more than 80 percent of capacity; and WHEREAS, with the advent of new office construction plus additional train- ing facilities in tho downtown area demand for parking spaces will increase significantly; and WHEREAS, a survey has been con- ducted by the Main Street downtown association and the recommendations of engineering Rrms experienced in the design of parking facilities; and WHEREAS, the interview committee is recommending that Vedi Associates, Inc., Minneapolis, Minnesota, is the best qualified of the firms to meet the needs of the City of Dubuque and would recom- mend this firm as the Engineering Firm to design the fasillty. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That it is concurred that there is a shortage of parking space availability in the downtown area now and there is need to proceed with the development of plans for the construction of a third parking ramp. Section 2. That the City Manager be authorized and directed to negotiate an Engineering contract with Vedi Asso- ciates, Inc., Minneapolis, Minnesota, for design services associated with prepara- tion of plans and specifications for this new parking facility. Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Peatt moved adoption of the Resdiution. Seconded by Council · Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kinesner, Pratt, Simon, Veetherg. Nays--None. Communication of Dubuque Main St. Ltd. submitting parking Survey suppor- ting the need for a new parking Ramp, 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, Khiesner, Pratt, Simon, Voetberg. Nays--None. Regular Session, November 6, 19,89 Communication of City Manager recommending amendment to Code of Ordinances which provides for enforce- ment of reserved parkteg for City employees at City Hall, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Heckmann, Kineaner, Pratt, Sin~on, Voetherg. Nays--None. ORDINANCE NO. 56-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY ADOPTING A NEW SECTION 32-275.1 PRO- VIDING FOR RESERVED PARKING FOR CITY EMPLOYEES AT CITY HALL, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 56-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY ADOPTING A NEW SECTION 32-275.1 PRO- VIDING FOR RESERVED PARKING FOR CITY EMPLOYEES AT CITY HALL Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by adopting the following new section: "Sec. 32-275.1. Reserved parking for City employees at City Hall. (a) When appropriate signs have been posted, spaces to accommodate veblcles are hereby set aside adjacent to City Hall for the parking of vehicles by City employees whose offices are located in City Hail. (b) It shall be unlawful for the operator of any vehicle to stop, stand or park within such space unless such per- son is a City employee assigned to such space by the City Manager." Section 2. This ordinance shall take ef- fect imwediately upon publication, as provided by law. Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor 457 ATTEST: Mary A. Davis City Clerk Published officially in the Telegrapi~ Herald newspaper this 13th day of November, 1989. Mary A. Davis City Clerk it 11/13 Council Man, her Voetberg moved that ,his be considered the first reading of the Ordinance and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at whici~ it 4s to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Simon· Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. A verbal request to authorize the Greater Dubuque Development Corpora- tion to hire, in an amount not to exceed $20,200, for a lobbyist/consultant to seek federal funds on behalf of the City of Dubuque for docking and shore facilities for the Riverboat Gambling Boat and Riverfront Development, presented and read. Council Member Kkiesner moved that the appropriate funds to be forwarded to GDDC to enter into an Agreement for consultant to seek funds. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heekmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. BOARDS AND COMMISSIONS: MECHANICAL BOARD -- One term to expire 3-16-92 (Needs to be an Engineer). APPLICANT(S): Charles R. Marsden. Council Member Kinesner moved that Mr. Marsden be appointed to the Mechanical Code Board. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesnar, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 370-89 BE IT RESOLVED by the City Coma- cil of the City of Dubuque, Iowa, that the 458 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. Elto, Inc. (Robert L. & Roger F. Duster) Dr. B's Billiards 2095 Kerper Blvd. Eagle Point Tavern, Ltd. Windsor Tap 2401 Windsor Ave. Passed, approved and adopted this 6th day of November, 1989. James 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--Mayar Brady, Council Members Deich, Heckmann, Klueaner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 371-89 WHEREAS, Applications for Beer permits have been submitted and filed to this Council for approval and the san~e have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER pERMIT Lotus College, College Center 1450 Alta Vista CLASS "C" BEER pERMIT Hartig Drug Company 2255 J.F.K. Rd. (Sunday Sales) Harfig Drug Company 157 Locust St. (Sunday Sales) Hartig Drug Company 2225 Central Ave. (Sunday Sales) CLASS "E' BEER PERMIT Regular Session, November 6, 1989 Drug Company 703 Town Clock Plaza Rainbo Oil Company KWIK STOP FOOD MART 2297 University (Sunday Sales) Passell, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolutian. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Siman, Voetberg. Nays--None. RESOLUTION NO. 372-89 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; 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 maned applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dog Gone Inc. Dog House Lounge 1646 Asbury Rd. (Sunday Sales) David L. Lyons River City Tap & Grill 1406 Pine St. (Sunday Sales) T & T Welsh, Inc. Finale Lounge 1701 Central Ave. (Sunday Sales) Clair A. Woodman Aragon Tap 1103 Iowa St. (Sunday Sales) SPECIAL CLASS "C" BEER WINE LICENSE Regular Session, November 6, 1989 New French Cafe, Inc. New French Cafe Lobby CyCare Plaza Passed, approved and adopted this 6th day of November, 1989. Jtunes E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Deich moved edop- tion of the Resohition. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Civil Set- vice Colran. of 9-29; Five Flags Cotton. of 10-16; Historic Preservation Comm. of 10-10 & 10-24; Housing Comm. of 10-24; Human Rights Comm. of 10-19; Public Library of 10-19: Planning and Zoning Coxnm. of 10-4; police Retirement System Board of 10-6; Plumbing Bd. of 10-17; Zoning Bd. of Adjustment of 8-24; Keyline's Earnings Statoments and Statistics for First Qtr. of FY'90; Cable TV Regniatory Comm. of 10-11, pre- sented and read. Council Member Voetberg moved that the minutes be received and filed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmarm, Kluesner, Pratt, Simon, Voetberg. Nays--None. NOTICE OF CLAIMS/SUITS: Har- vest Savings Bank vs City of Dubuque et al submitting Notice of Foreclosure Petition; Dennis Hoyer for Scott Hoyer (minor) in amount of $413.70 for personal injuries and property losses; Darwin Jones (Small Claims Court) in amount of $2000 for property damages; Donald Kloft in estimated amount of $850 for property damages; Gilbert Naderman in est. amount of $175 for property damages; The Travelers Insurance Co. submitting a Notice that was filed on behalf of theb' client: Rundai Machine, Inc. for proper~y damages; Irmina Sandt, in unknown amount for persorml injuries; Cindy (Garner) Winger in est. amount of $826 for car damages, presented and read. 459 Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. IT IS HEREBY CERTIFIED THAT, on the 12th day of October, A.D., 1989, the undersigned Donna Smith and Alan Manternach, County Board of Super- visors met as a Board of Canvassers, as law, in County Courthouse in Dubuque County, Iowa, and canvassed ~ returns from all the voting precincts in said County, for votes cast at the election held therein on the 10th day of October, A.D., 1989 for each of- rice on the ballot and the number of votes for and against each question submitted by said City the result of said canvass being as follows: FOR THE OFFICE OF Councilman at large (two to be nominated), There were one thousand seven hundred seventy- eight (1,778) ballots cast, of which Reber~ Nagle had four hundred ton (410) votes, Daniel Nichalson had eight hundred five (805) votes, Emil Stackls had four hun- dred forty-seven (447) votes, Nick Pauly had two (2) votes, John Klauer had one (1) vote. One hundred thirteen votes were spoiled. Therefore Daniel Nichalson and Emil Stackis were nominated. Witness our signatures, this 12th day of October, A.D., 1989. s/Donna L. Smith s/Alan Manternach Council Member Voetberg moved that the canvass report be received and filed sade a matter of record. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. REFUNDS REQUESTED: Kenneth Malloy, $37.50 on unexpired Class "BE" Beer Permit; John Goffinet, $150 on unexpired Class "B" Beer Permit, presented and read. Council Member Voetberg moved that the refunds be approved with Finance Director to issue the proper checks. 460 Seconded by Council Member Pratt. Ca~ ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kiuesner, Pratt, Simon, Voetberg. Nays--None- (LETTER) October 31, 1989 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400, Code of Iowa 1989, as amended, the Civil Service Commission conducted written examinations for the position of ENVIRONMENTAL SANI- TARIAN on October 10, 1989. The following named applicants passed the examination and are hereby certified for appointment. David Kunkai, Jonathan Soo, Joleen Huber, Frank Lover a, Roger Groth, Cur- tis Krieger, Gary Carstens, Elizabeth Burkhart, Jolene Neyen. We advise the appointment for this ap- pointment be made from this list. Respsetfnily submitted, s/Pat Dfllan Chairperson s/Robert Miller s/Gerald Koppes Civil Service Commission ATTEST: Mary A. Davis Secretary Council Member Voetherg moved that the communication be received and filed and made a matter of record. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmaun, Khiesner, Pratt, Simon, Voetberg. Nays--None. Petition oi Dubuque Jaycees re- questing to conduct a fireworks display on Jniy 3, 1990 from 9:15 p.m. to 10:30 p.m. on Volunteer Road between Haw- thorne and Lime Sts., presented and read. Council Member Pratt moved that the request be approved, subject to coordina- tion of City Manager. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Iteckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Regular Session, November 6, 1989 Communications of Corporation Counsel recommanding denial/closure of following claims: tire damage of Joyce Becket, tire damage of Wm. Binm, Jr., sewer backup of Richard and Kathieen Fahey; sewer backup of Michael & Lucinda Kruse; car damage of Steve Paul; personal injury of Jake and Mary parkin; sewer backup of Howard and Joan Higley; personal injury of Barbara J. Curler; sewer backup of Smith Management, presented and read. Council Member Vsetberg moved that the communication be received and filed and recommendatian approved. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communications of Corporation Counsel recommending settlement of following claims: tire damage claim of Michael J. Feltes in amount of $111.77; sewer backup claim of Jeff Kane in amount of $44; car damage claim of ~hner Maissen in the amount of $193.51, upon motion were received and flied and approved and Finance Director directed o issue the proper checks. Seconded by Council Member Pratt. Carried b~ the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, pratt, Simon, Voetbeag. Nays--None. Proof of publicatian, certified to by the Publisher, on Notice to release Communi- ty Development Block Grant Funds to Trilog, Inc., presented and read. Council Member Voetheag moved that the communication be received and ifled and settlements approved with Finance Director to issue the proper checks. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heck- mann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Communication of Audubon Society urging the Couanil to approve the dock- ing of river gambling boats be done in or near the Ice Harbor area rather than on City Island, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Regular Session, November Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting Financial Reports for the month of September, 1989, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Commtmication of Dubuque-Delaware Substance Abuse Services Center sub- mitting First Quarter FY'90 Report on Services to Adolescents/High-Risk Youth, presented and read, Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- fled by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Robert Lehnhardt urging City to consider a prc~active posi- tion in the placement of wheelchair curb cuts at any corner sidewalk section be- ing replaced, presented and read. Council Member Voetberg moved that the communication be received and filed and referred to the City Manager and Staff to report back. Seconded by Coun- cil Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Communication of City Manager re- questing approval of the Mayor's execu- tion of a contract with the Iowa Dept. of Economic Development for a Rental Rehabilitation Progreau Grant Award in the amount of $244,250, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heck- mann, Kluesner, Pratt, Simon, Voetbeag. Nays--None. RESOLUTION NO. 373-89 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A 6, 1989 461 CONTRACT WITH THE STATE OF IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE STATE RENTAL REHABILITATION PROGRAM. WHEREAS, the City of Dubuque made application to the State of Iowa for participation in the Department of Econo~nic Development Rental Roha- billtation program; and WHEREAS, the State of Iowa has awarded the City a grant of $244,250; and WHEREAS, the State of Iowa has of- feted a contract to the City of Dubuque o administer this award. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is author- ized and directed to execute contract numbered R-89-SG-19-0101. Section 2. That the City Manager is hereby authorized and directed to for- ward said executed contract and any other supporting documents in accor- dance with instractions from the State of Iowa Department of Economic Development. Passed, approved and and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member th-att. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of planning and Zon- ing Commission approving final pint of Fountain Hill Subdivision No. 2 located west of Eagle Point Park, presented and read. Council Member Voctherg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heck- mann, Klansner, Pratt, Simon, Voetberg. 462 Regular Session, November 6, 1989 Nays--None. RESOLUTION NO. 374-89 A RESOLUTION APPROVING THE FINAL pLAT OF FOUNTAIN HILL SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Fountain Hill Subdivision No. 2 in the City of Du- buque, Iowa; and WHEREAS, said final plat has been approved by the City planning and Zon- ing Commission with the conditions as established by tbe Zoning Board of Ad- justment on August 2, 1988 and amen& ed in October 26. 1989; 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, with the conditions as established; and WHEREAS, the City Council concurs in the conditions of approval established by the Zoning Board of Adjustment; and NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby ap- proved and the Mayor and City Clerk be and are hereby authetized and directed to endorse the approval of the City of Dubuque upon said final plat, provided that the owner of said property shall ex- ecute a written acceptance hereto at- tached, acknowledging and agreeing to the conditions as established by the Zon- lng Board of Adjustment on August 2, 1988 and October 26, 1989 as follows: a. There shallbe no development on Lot 2 except in combination with de- velopment of other adjoining property with adequate street frontage. b. A permanent 30-fcot easement for access to Lot 1 shall be provided, such easement being across Lots 3 and con- nectlng to Easement A . c. The City of Dubuque Zoning Or- dinance prevents further subdivision of any of the lots set forth herein without obteining a variance unless frontage on a public street or approved private street exists. Section 2. That in the event the owner falls to execute the acceptance provided for in Section i herein within 45 days after the date of this resolution, the pro- visions herein shall be null and void and the approval of the final plat shall not be effective. Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 374-89 I, the undersigned, ttobert Delos McDonald, Executor for D.L. McDonald Estate, having read the terms and con- ditions of Resolution No. 374-89 and be- lng familiar with the conditions tbereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa, this 8th day of November, 1989. By: s/Robert Delos McDonald Executor D.L. McDonald Estates Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager tion contract for the temporary parking lot located on the north side of 5th St., at the east side of the Town Clock Plaza, and read. Council Member Voetberg moved that ommunication be received and filed. ~econded by Council Member Pratt. Cm'- tied by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heck- mann, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 375,89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the 5TH STREET TEMPORARY PARKING LOT has been completed and the City Regular Session Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends it acceptance. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the reconmaen- 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 GENERAL FUND in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckmarm Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 376-89 FINAL ESTIMATE WHEREAS, the contract for the 5th STREET TEMPORARY PARKING LOT has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- duding the cost of estimates, notices and inspection and all miscellaneous cost~; 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 detenhined to be $34,331.23 and the said amount shall be paid from the GENERAL FUND of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk November 6, 1989 463 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, ~ouncil Members De/ch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Petition of five business owners re- questing to have two hour parking on Jackson St. from 9th to 10th and on the north side of 9th St. from Jackson to Washington, presented and read. Dale Wiegund and Pat Kennedy spoke to the Council on this matter, Council Member Pratt moved that this matter be referred to City Manager and staff and contact Main St. Ltd. to look at and study situation. Seconded by Council Member Kluesner. 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 Hecknmnn 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 11:02 p.m, Mary A. Davis City Clerk Approved_ 1990 Adopted 1990 Mayor Council Members ATTEST: City Clerk 464 CITY COUNCIL Sepcial Session, November 16, 1989 Mary A. Davis City Clerk OFFICIAl. Adopted .... 1990 Special Session, November 16, 1989. Approved_ , 1990 Council Met at 4:30 P.M., Conference Room "B", City Hall. Present--Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Aheant--Councll Members Simon, Voetberg. Also Present--Dubuque County Board of Supervisors Eldon Herrig, Alan Manternach and Donna Smith and the Mayor of Sage-ARe, Ralph Dean. Mayor Brady read the call and stated this session is called for the purpose to DISCUSS THE NORTHWEST AR- TERIAL R.I.S.E. APPLICATION. Communication of Francis A. Murray, Public Works Director, suggesting op- tions for funding of Phase IV of the Northwest Arterial, was presented. Discussinn followed with the three governmental bodies asking questions and advising of their individual concerns. It was agreed that FAUS monies re- ceived would be used as portion of local shares with remainder to be split he- tween the City of Dubuque and Dubuque County in au estimated amount of $1,017,000.00 from each governmental body. Council Member Kluesner moved thet the City of Dubuque commit their alloca- tion of proposed C. LP. Funds for Cedar Cross Road Arterial for Fiscal Years 1990 and 1991 to the Phase IV of Nor~h- west Arterial extension project subject to the approval of the R.I.S.E. appfica- tion by the State of Iowa. Seconded by Council Member Pratt. Motion carried 5-0. Board of Supervisors approved their remainder of the 50% local share for the project by using funds from secondm'y road program and dog track revenues. There being no further business, Coun- cil Member Pratt moved to adjourn. Seconded by Council Member Kluesner. Motion carried 5-0. Meeting adjourned at 5:45 P.M. Mayor Council Members ATTEST: City Clerk Regular Session November 20, 1989 465 CITY COUNCIL OFFICIAL Regular Session, November 20, 1989 Council Met at 7:30 P.M., at the Public Library Auditorium Present: Mayor Brady, Councll Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. LindahL Mayor Brady read the call and stated this is the REGULAR MEETING OF THE CITY COUNCIL called for the pur- pose to act upon such business which may properly come before the Council. Invocation was given by Msgr. William Leonard. Proclamations: Dee. 1, 1989 as "AIDS Awareness Day" received by Ann Burds November 20th as "Youth Appreciation Day" reccived by Gary Jaeger, Rick Stein and Dr. John Quinian of the Op- timiste Clubs. There was a presentation of PEOPLE Action Acknowledgement Certificates to several City employees. Mayor Brady presented Donna Ginter with a plaque for her cormnunity service. PUBLIC HEARINGS on the Assess- mant of Civil Penalties for violations by Liquor Licenses: Mulgrew Oil dib/a Asbury Fastop; Schroby's, Inc., dib/a Schroby's; Iowa Oil Co., dib/a IOCO Speede Shoppe #93. Council Member Simon moved to sus- pend the rules to allow anyone present to address the Council if they should so desire. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Khiesner, Pratt, Simon, Vcetherg. Nays--Council Member Dcich. Tom Schrobilgen, Bob Beecher, At- torney Doug Henry, and Donna Ginter objocted to the penalty for the store Council Member Voetherg moved that the assessments in the mount of $300.00 each be approved. Seconded by Council Member He?kmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmaun, Kluesner, Pratt, Simon, Voetberg. Nays--Council Member Deich. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposing of City's interest in that portion of land 64' wide east of 10th St. m~d also known as City Lot 505B to Eagle Window & Door, Inc. presented and read. No written objec- : were received and no oral objectors Council Member Voetherg moved that the proof of publication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, He&mann, Kluesner, Pratt, Simon. Voetberg. Nays--None. ORDINANCE NO. 57-89 AN ORDINANCE VACATING A PORTION OF 64 ~ WIDE EAST 10TH STREET LYING BETWEEN A POINT 220 FEET EASTERLY OF LINE OF WASHING- TON STREET AND EXTENDING TO A POINT 129.85 FEET TO THE ASTERLY CORNER OF LOT 1 OF 1 OF 3 OF CITY LOT 505B, said Ordinance having been presented and read at the Council Meeting of November 6, 1989, presented for final action. (OFFICIAL pUBLICATION) ORDINANCE NO. 57-89 ORDINANCE VACATING A POR- TION OF 64~ WIDE EAST 10TH STREET LYING BETWEEN A POINT 220 FEET EASTERLY OF LINE OF WASHING- TON STREET AND EXTENDING TO A POINT 129.85 FEET TO THE SOUTHEASTERLY CORNER OF LOT 1 OF 1 OF 3 OF CITY LOT 505B WHEREAS, Eagle Window & Door, Inc. has requested the vacation of a por- ;ion of 64' wide East 10th Street lying between a point 220 feet easterly of pro- perry fine of Washington Street and ex- tending to a point 129.85 feet to the southeasterly corner of Lot 1 of 1 of 3 of City Lot 505B; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa, has prepared and sub- mitred to the City Council a plat show- ing the vacated portion of the 64~ East 466 10th Street and assigned a Lot number thereof, which hereinafter shall be known and described as City Lot 50§B in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of 64 ' wide East 10th Street is no longer required for public use and vacating of s~id portion of 64 ~ wide East 10th Street tmown as City Lot 505B in the City of Dubuque, Dubuque Coun- ty, Iowa, should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate de- scribed as City Lot 505B in the City if Dubuque, Iowa, be and the same m hereby vacated. Passed, approved, and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 24th day of November, 1989. Mary A. Davis City Clerk It 11/24 Cotmdl Member Voetberg moved final adoption oI the Ordinance. Seconded by Cotmcli Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None RESOLUTION NO. 377-89 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on 10th day of November, 1989, the City Council of the City of Dubuque, Iowa, met on the 20th day of November, 1989, at 7:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposals for the sale of real estate described as: City Lot 505B in tim City of Dubuque, Regular Session November 20, 1989 Iowa to Eagle Window & Door, Inc. , the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the pr(> posal of interest of the City of Dubuque, Iowa in the hereinabove described rear ~ Window & Door, Inc. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the in- terest of the City of Dubuque, Dubuque County, Iowa in real property described as City Lot 505B in tbe City of Dubuque, Iowa to Eagle Window & Door, Inc. be ~ same is hereby approved for the surveying, platting, publication and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be author- ized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby directed to deliver said deed of conveyance to the above named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the Office of the City Assessor, Dubuque County Recorder and the Du- buque County Treasurer. Passed, approved, and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved edoptlon of the Resolution. Seconded by Council Member Heekmann. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 58-89 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 Regular Session, CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF HIGHWAY 151/61, SOUTH OF TWIN VALLEY ROAD AND EAST OF ROCKDALE ROAD FROM AG AGRICULTURAL TO C-3 GENERAL COMMERCIAL DIS- TRICT, said Ordinance having been presented at the meetings of October 16, 1989, November 6, 1989 and adjourned Public Hearing from meeting of November 6, 1989 presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 58-89 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 LOCATED WEST OF HIGHWAY 151161, sOUTH OF TWIN VALLEY ROAD AND EAST OF ROCKDALE ROAD FROM AG AGRICULTURAL TO C-3 GEN- ERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by revising AppendLx A thereof, also known as the Zoning Ordinance of the City oi Dubuque, Iowa to reclassify hereinafter described property from AG Agricultural District to C-3 General Com- mercial District, to wit: Lot 2 of Key Gate Center and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the toregning amend- merit has heretofore been 'approved by the planning and Zoning Conunisslon of the City of Dubuque, Iowa. Passed, approved, and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: November 20, 1989 467 Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of November, 1989. Mary A. Davis City Clerk It 1U24 Council Member Kluesner moved final adoption of the Ordinance, subject to signatures of other owners or proof that Mr. Murphy can sign on behalf of all owners. Seconded by Council Member Carried by the following vote: Yeas--Mayor Brady, Council Members Pratt, Simon, Voetberg. Nays--Council Members Deich, Heck- Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specifications for the f 7.5 MMG Water Reset- located at W. 3rd St., full depth repair on the roof, presented and read. There were no objections received and no oral objectors present at the time of the Hearing. Council Member Vootberg moved that the proof of publication be received and filed. Seconded by Council Member Can'ied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders on the receipt of bids for project, AND Com- munication of City Manager recommen- ding rejection of bid received, presented and read. Council Member Voetberg moved that the proof and communication be received and filed, and recommendation to reject bids approved. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckn~ann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, cer t~fied to by the Publisher, on Notice of Public Hearing on Plans and Specifications for the Rehabilitation of the Interior of Transit Gm'age, presented and reed. There were no objections received and no oral objec- tors present at the time of the Hearing. 468 Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Siman, Voetherg. Nays--None. RESOLUTION NO. 378419 RESOLUTION ADOPTING pLANS AND SPECIFICATIONS WHEREAS, on the 11th DAY OF OC TOBER, 1989, plans, specifications, form of contract and estimated cost were fried with the City Clerk of Dubuque, Iowa for the REHABILITATION: INTERIOR WALLS OF TRANSIT GARAGE. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved, and adopted tiffs 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Heckmaun. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckinann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders on the receipt of bids for project AND Com- munication of City Manager recommen- ding to award contract for project, presented and read. Council Member Voetherg moved that the proof of publication and the com- munication be received and filed. Second- ed by Council Member Heckmann. Car- rled by tbe following vote: Yees--Mayor Regular Session, November 20, 1989 Brady, Council Members Deich, fleck- mann, Kluesnerl Pratt, Simon, Vcetberg. Nays--None. RESOLUTION NO. 378-89 AWARDING CONTRACT sealed proposals have been submitted by contractors for the REHABILITATION: INTERIOR WALLS KEYLINE TRANSIT FACILITY pursuant to Resolution No. nd notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20TH DAY OF OCTOBER, 1989. WHEREAS, said sealed proposals were opened and read on the 9TH DAY OF NOVEMBER, 1989 and it has been determined that the bid of JACKSON TUCKPOINTING COMPANY, INC. of DUBUQUE, IOWA in the amannt of ;148,587.00 was the lowest bid for the furnistdngs of alllabor wad materials and work as provided for in the plans and specifications. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: l~bat the contract for the above im- provement be awarded to JACKSON 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 instructed to return the bid deposits of the unsuccessful bidders. Passed, approved, and adopted this 20th day of November, 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 Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Regular Session, November 20, 1989 469 Communication of planning and Zon- I neighborhood meetings with the IDOT lng Commission advising of their ap- sound engineers and construction provai of an Amended Conceptual Development Plan for the PC Planned Commercial District located at 255 John F. Kennedy Road as requested by Ven- ture Stores, Inc., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Heckmann, Kfuesner, Pratt, Simon, Veetberg. Nays--None. An ORDINANCE revising Appendix A of the Code of Ordinances by ap- proving an amended Conceptual Devel- opment Plan for the PC planned Com- mereiai District, presented and read. Council Member Kluesner moved that tbJs be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- lng be held on the proposed Ordinance on the 4th day of December, 1989, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmarm, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Communication of Historic Preserva- tion Commission reporting they have unanimansly reaffirmed its denial of a demolition request for property at 445 Loras Blvd.; Petition of Sharon Dull Mullen requesting to address the Court- cfi regarding denial of the demolition per- mit by Historic Preservation Commis- sion, presented and read. Council Member Voetherg moved that the communication and petition be re- ceived and filed and denial affirmed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Veetherg. Nays--None. Communication of Patricia Can', re- questing to address the Council to pre- sent an up-to-date report on their engineers concerning the Highway 20 Project, presented and read. Ms. Carr stated that the neighborhood definitely requests sound harden's, that a task force be formed and a written report be given to her. Mr. Russel Nash suggested writing to the legislators. Council Member Voetberg moved that the conununication he received and fried. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. 9:45 p.m. -- Council recessed. 10:04 p.m. -- Council reconvened. Conununication of Teri Goodman re- questing to address the Council to pre- sent a resolution adopted by the Du- buque County Democratic Party Central Committee condemning recent acts of racism that have occurred in our City and requesting Council to support a com- munity/commiseion task force to be formed by the Human Rights Commis- sion, presented and read. Council Member Pratt moved to receive and file the communication and commend the party and direct the City Clerk to prepare a resolution mirrored after the Committee's and direct the City Manager to prepare the suggested task force to study the ordinance. Seconded by Council Member Voetherg. Vote on the motion was as follows: Yeas--Council Members Pratt, Simon, Voetberg. Nays--Mayor Brady, Council Members Deich, Heckmann, Kluesner. MOTION Council Member Heckmann moved to receive and file the communication and support the spirit of the resolution. Seconded by Council Member Kluesner. Carried by the fallowing vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of Historic Preserva- a Commission requesting a work ses- sion with the City Council to review and discuss the proposed Ordinance prior to the end of this calendar year, presented and read. Council Member Yduesner moved that 470 Regular Session, November 20, 1989 the communication be received and filed and set Work Session for Jaunary 8, 1990. Seconded by Council Member Pratt. Carcied by the fallowing vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesncr, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager reconumending the designation of the Ice Harbor as the location for the Excursion Gambling Boat and authorizing the City Manager to submit the rezaning applica- tion, upon motion received and filed. Council Member Klueener moved that the commuafcation be received and filed. Seconded by Council Member Deich. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Vcetberg. Nays--None. RESOLUTION NO. 380.89 A RESOLUTION DESIGNATING THE NORTH SHORE OF THE ICE HARBOR AS THE APPROVED LOCATION FOR THE EXCURSION GAMBLING BOAT AND DIRECT- ING THE CITY MANAGER TO SUB- MIT A REZONING APPLICATION WHEREAS, Chapter 99F of the Iowa Code, known as the "Iowa Excursion Boat Gambling Act", legalizes limited gambling on excursion boats when con- ducted in accordance with the provisions of Chapter 99F and administrative rules promulgated under Chapter 17A of the Iowa Code by the Racing and Gaming Commission; and WHEREAS, in Resolution 246-89 passed, approved and adopted on July 5, 1989, the City Council requested the Dubuque Racing Association, Ltd., "to apply for [riverboat] gambling license so that they may continue to promote the civic betterment and social improvement of the conuannity, continue to relieve the burdens of goverm~aent and carry out the goals of this City Council in promoting tourism."; and WHEREAS, the application for an Ex- cursinn Gambling Boat License must be sub~nitted to the Iowa Racing and Gam- ing Commission by December 31st; and WHEREAS, the application must identify the docking site for the excursion gambling boat and must describe the parking facilities, estimated cost and con- struction schedule for docking and park- ing facilities; and WHEREAS, the Dubuque Racing Association recommends the Ice Harbor location as the site for docking the excur- sion gambling boat; and WHEREAS, the application requires the approval of the City Council for the proposed gambling boat decking site; and WHEREAS, the application requires the applicant to state whether the appli- cant has complied with local zoning laws: and WHEREAS, the City Council believes it is in the best interest of the City of Dubuque, Iowa, to deck the excursion gambling boat in the Ice Harbor. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF ['HE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the north shore of the Ice Harbor as the docking site for the excursion gan~bling boat. Section 2. That the City Manager is hereby authorized and directed to submit a rezonirg application to the planning and Zoning Commission to rezone the land located in the Ice Harbor area as shown on the attached map from Heavy Industrial (HI) to Commercial Recreation (CR). Section 3. That the City Clerk be and is hereby authorized to provide a certified copy of this Resolution to the Dubuque Racing Association, Ltd. Passed, approved, and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Co~cil Memb~' Kluesner moved adop- tion of the Resolution. Seconded by Council Member Dcich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager Regular Session, November 20, 1989 471 recommending the establishment of an Urban Renewal District in the Ice Har- bor/4th St. peninsula area, AND Com- munication of Malo Oil Co. requesting Council review the proposed Urban Renewal District and proceed with can- tlon, presented and read. Council Member Kluesner moved that the communications be ~ceived and filed. Seconded by Council Member Heck- mann. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Heekmann, Khiesner, Pratt, Simon, Voetbarg. Nays--None. RESOLUTION NO. 381-89 A RESOLUTION OF NECESSITY FINDING THAT THE FOURTH STREET PENINSULA/ICE HARBOR IS A BLIGHTED AREA AND THAT REDEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. WHEREAS, tbe City Council has determined that the following blighting conditions exist within the Fourth Street Penlnsula/Ice Harbor: a preponderance of existing buildings and improvements which have deteriorated or are dilapi- dated and obsolete, a fadity layout of lots in relation to their size. adequacy and usefulness, fragmented property owner- ship patterns, a lack of public utilities, and an inadequate street layout; and WHEREAS, the City Council believes that the combination of these factors substantially impairs or arrests the sound growth of the City af Dubuque; and WHEREAS, the City Council believes that the designation of the Fourth Street peninsula]Ice Harbor as an urban re- newal district wili assist in the removal or improvement of these blighting ele- ments and will enhance the attractive- ness of the area as a potentisi site for new and expanding commercial and industrial activity; and WHEREAS, the Iowa Urban Renewal Law requires that before urban renewal powers may be exercised, a City Council must adopt a resolution finding that the area in question is a slum area, a blighted area or an economic develop- ment area, and designathig such area as appropriate for re'ban renewal activities; and WHEREAS, the City of Dubuque is reqnlred by the Iowa Urban Renewal Law to provide the planning and Zoning Commission an opportunity to review and comment upon the proposed urban renewal plan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described area, to be known as the "Fourth Street peulnanla/Ice Harbor Urban Renewal District," is an area of blight, as defined by Chapter 403 of the Iowa Code, and is appropriate for au urban renewal project; to wit: That a~a generally bordered on the north and on the west by the Chicago, Central and Pacific Railroad (CC&P RR), on the south by East First Street, and on the east by the municipal limits of the City of Dubuque, Iowa. Section 2. That the redevelopment of said area is necessary in the interest of the public health, safety, or welfare of the residents of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby directed to prepare an urban renewal plan, the purpose of which is to encourage orderly redevelopment of the above described Fourth Street peuln- sula/Ice Harbor Urban Renewal District, and, upon completion, forward a copy of said plan to the Planning and Zoning Commission of the City of Dubuque on or before the 30th day of November 1989. Section 4. That the planning and Zon- ing Commission is hereby requested to review the proposed urban renewal plan for compliance with the general plan of the City of Dubuque and to make writ- ten recommendations to the City Coun- cil on or before the 12th of December 1989. Passed, approved, and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resalutinn. Seconded by 472 Regular Session, November 20, 1989 Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Sfinon, Voetberg. Nays--None. Communication of City Manager re- questing an amendment to the 1990 Budget approving the expenditure of funds for the Police Dept. projects which have nat previously been appropriated, presented and read. Council Member Pratt moved that the communication be received and filed and request approved. Seconded by Council Member Voatherg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kfuesner, Pratt, Simon, Voetherg. Nays--None. Communication of City Manager recommending a strategy to bring closure to both the Sign Moratorium presently in effect in the Freeway Cor- ridor and to the off-premise signage amendment to the Zoning Ordinance which was tabled by the Council in May, 1989, presented and read. Council Member Heckmarm moved that the matter be removed from table and received and filed and set off-premise algnage for Work Session on January 1990 and continue moratorium. Second- ed by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heck- mann, Khiesner, Pratt, Simon, Voatherg. Nays--None. Communication of City Manager re- questing addendum to Preconstruction Agreement with IDOT on U.S. 61 pro- ject in the City associated with 3rd St. overpass and estimated cost to be in- cuffed relative to storm sewers reloca- tion, presented and read. Cotmcil Member Heckmarm moved that the communication be received and filed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady~ Council Members Dalch, Heckmann, Khiesner, Pratt, Simon, Voatherg. Nays--None. RESOLUTION NO. 382~9 RESOLUTION APPROVING ADDENDUM TO PRECONSTRUC- TION AGREEMENT 87-4-210 WITH IOWA DEPARTMENT OF TRANSPORTATION RELATING TO RELOCATED 61 PROJECT WHEREAS, a Pre-Design Agreement 73-P-024 for preliminary design concepts for the U.S. primary Highway 61 located within the City was executed by the City of Dubuque and Iowa Department of Transportation on March 6, 1973 and April 4, 1973, respectively; and WHEREAS, Pre-Dealgn Agreement 80-P-006 for development of a temporary U.S. 61 connection between Central Avenue and U.S. #61/Mississippi River Brdlge, was algned by the City and I.D.O.T. on September 9 and 30, 1981, respectively; and WHEREAS, Preconstruction Agree- ment 87-4-210 for construction of Relocated 61 from nero' Grandview Avenue northerly and easterly to the U.S. #61/Mississippi River Bridge was signed by the City and I.D.O.T. on January 31 and February 17, 1989, respectively; and WHEREAS, Addendum 89-A-143 ex- ecuted between the City and I.D.O.T. on April 8 and 12, 1989, respectively, pro- vided for detailed information on the storm sewer reimbursement and modi- fication of the First Street/Soo Line Rail crossing; and WHEREAS, Addendum 89-A-197 ex- ecuted between the City and LD.O.T. on April 7 and 29, 1989, respectively, pro- vides for storm sewer reimbursement on the Raiiroad Relocation Project and Relocated 61 mainline construction from Railroad Avenue extended northerly to Fifth Street; and WHEREAS, Addendum 89-A-201 ex- ecuted between the City and I.D.O.T. on August 7 and 29, 1989, respectively, pro- rides for alimination of the Third Street alley connection which was originally pro- posed; and WHEREAS, the attached Addendum identified as 90-A-003 further describes the project associated witb the construc- tion of the Third Street bridge over the Relocated 61 and further identifies the cost associated with the installation of storm sewers associated with the con- straction of the Third Street overpass; and WHEREAS, Preconstructinn Agree- merit 87-4-210 stipulates that the City Regular Session, November 20, 1989 473 will reimburse I.D.O.T. for 86% of the ac- bual cost of the storm sewer installations for those storm sewers associated with the project and 100# of other cost not directly related to the project; and WHEREAS, LD.O.T. has computed the estimated cost of those expenses to be shared by. LD.O.T. and the City at 530.656.00 ($4,292.00 I.D.O.T. and $26.364.00 City); and WHEREAS, the City's portion of the storm sewers located outside the con- s~ruction limits of the 61 Project which sewers will be constructed in conjunction with tbe project are estimated at a total cos~ of $81,314.00 which cost shall be totally incurred by the City; and WHEREAS, the total estimated cost of storm sewers associated with the Third Street overpass to the City will be the $26,364.00 plus $81,314.00 or $107,678.00 and will be reimbursed to the Iowa Department of Transportation after completion of construction and proper billing. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council ap- proves the Addendum to Preconstmction Agreement identified as I.D.O.T. Agre~ ment 87-4-210 relative to the constr~tc- tion of U.S. Highway 61 and associated linprovements in the City of Dubuque, Iowa. Section 2. That the Mayor be author- ized and directed to execute two copies of the Addendum to this Preconstruction Agreement with the Iowa Department of Transportation. Passed, approved, and adopted this 20tb day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmann moved adoption of tbe Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager cecommending a course of action to delay enforcement of House File 745 pertain- ing to Handicapped parking Regalatlons, presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Voatberg. Nays--None. Neff Kelly spoke to the situation. RESOLUTION NO. 383-89 WHEREAS, the City Council of the City of Dubuque recognizes the needs of its handicapped and disabled citizens and has addressed these concerns through carefully prepared and adopted policies that are commensurate with federal and ; and WHEREAS, the City Council of the City of Dubuque accepts the intent of House File 745, Handicapped and Dis- abled Bill, as being beneficial and in the best interest of the handicapped and disabled; and WHEREAS, the City Council of the City of Dubuque finds the unclear ver- biege of House File 745, the potential liabfiity that could impact the City and State if handicapped street parhing spaces are provided as required in House File 745, and is aware of the fiscai impact projected if House File 745 is fully implemented. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA, THAT THE CITY COUNCIL OF THE CITY OF DUBUQUE DOES GO ON RECORD AS FOLLOWS: SECTION 1. Directing the City Clerk to forward a certified copy of this resolu- tion with an accompanying letter fi'om the Mayor of the City of Dubuque to area legislators, the mayoral letter expressing the City of Dubuque's concerns relative to the negative impacts of House File 745 on the handicapped populace of this state and the City of Dubuque. Section 2. Directing the Mayor to peti- tion the Administrative Rules Commit- f the State of Iowa to grant a delay in promulgating rules and regulations for implementation of House File 745. 474 Regular Session, November 20, 1989 Section 3. Directing City st~d 10th Sts., presented and read. with the League ot Iowa Muincipalities, I Council Member Voetberg moved that other Iowa cities and representatives of ., . .......... org~miza~tions~ ,and .prep.,m'e ~lseofaltte;: [ ~ed by the following vote: Yeas--Mayor natives ~or anaresslng ~ne n Brady, Council Members Dcich, Heck- hah&capped and disabled and trta~snut mann, Kluesner, Pratt, Simon, Voetberg. these options to local legislators for Nays--None. consideration. Passed, approved and adopted tins 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Heckmarm moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deleh, Heckmarm, Khiesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting ins recommendations for the establishment of a Long-Range Planning Commission and a separate Zoning Com- mission, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Dcich. Cm'- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Veetberg. Nays--None. An ORDINANCE Amending Code of Ordinances by adopting in lieu thereof a new Chapter 36, "planning; Zoning: Sec- tion 36-1 through 36-1§, providing for a Comprehensive Plan, creating a Long Range Planning Commission and pro- riding for membersinp and the powers and duties thereof, and creating a Zon- lng Commission and providing for the membership and the powers and duties thereof, presented and read. Council Member Pratt moved that tins be tabled until a work session to be lield on January 22, 1990. Seconded by Corm- cil Member Deleh. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager reconunanding the creation of a two hour parking zone on Jackson St. between 9th ORDINANCE NO. 59-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN THE TWO HOUR TIME ZONES DESIGNATED IN SUBSECTION (c) AND NO PARKING AT ANY TIME ZONES DESIGNATED IN SUBSEC- TION (d) BOTH IN SECTION 32-262 THEREOF AND ADDING CERTAIN AREAS IN THE TWO HOUR TIME ZONES DESIGNATED IN SUBSEC- TION (c) IN SECTION 32-262 IN LIEU THEREOF PROVIDING FOR TWO HOUR pARKING ON CERTAIN STREETS IN THE CITY, presented read. (OFFICIAL PUBLICATION) ORDINANCE NO. 59-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN THE TWO HOUR TIME ZONES DESIGNATED IN SUBSECTION (c) NO PARKING AT ANY TIME ZONES DESIGNATED IN SUBSEC- TION (d) BOTH IN SECTION 32-262 THEREOF AND ADDING CERTAIN AREAS IN THE TWO HOUR TIME ZONES DESIGNATED IN SUBSEC- TION (c) IN SECTION 32-262 IN LIEU THEREOF PROVIDING FOR TWO HOUR pARKING ON CERTAIN STREETS IN THE CITY NOW, THEREFORE, BE IT OR- [ 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 deleting the following areas in Subsection (c) of Section 32-262 tliereof as follows: "Sec. 32-262. Prohibited on designated streets or portions thereof. Regular Session, November 20, 1989 (c) Time zones designated, Two Hour Time Zones Ninth Street, north side, from White Street to Jackson Street Jackson Street, west side, from East Tenth Street to East Twelfth Street" Section 2: That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding the following areas in Subsection (c) of Section 32-262 thereof as follows: "Sec. 32-262. Prohibited on designated streets or portions thereof. (c) Time zones designated. Two Hour Time Zones Ninth Street, East, north side, from White Street to Washington Street Jackson Street, west side, from one hundred forty (140) feet north of East Tenth Street to East Twelfth Street; both sides, from East Ninth Street to East Tenth Street" Section 3: That the Code of Ordinance~ of the City of Dubuque, Iowa be amend- ed by deleting the following street from Subsection (d) of Section 32-262 thereof as follows: "Sec. 32~262. Prohibited on designated streets or portions thereof. (d) No. Parking-At-Any-Time zones designated. Jackson Street, both sides, from East Eighth Street to a point one hundred forty (140) feet south of East Eleventh Street" Section 4: That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding the following street to Subsection (d) of Section 32-262 tbereof as follows: "Sec. 32-262. Prohibited on designated streets or portions thereof. 475 (d) No.P arking-At-Any-Time zones designated Jackson Street, both sides, from East Eighth Street to East Ninth Street and from East Tenth Street to a point one himdred forty (140) feet south of East Eleventh Street" Passed, approved and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tins 27th day of November, 1989. Mary A. Davis City Clerk It 11127 Council Member Vcetberg moved that this be considered the th'st reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitting Ordinance regarding parking in the vicinity of 14th & White Ste., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 60-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SUBSECTION (g) OF SECTION 32-262 THERETO PRO- VIDING FOR TWO HOUR pARKING BETWEEN 9:00 AND 6:00 P.M. EX- CEPT SATURDAYS, SUNDAYS, 476 Regular Session, November 20, 1989 AND PUBLIC HOLIDAYS AND DESIGNATING CERTAIN AREAS IN SUBSECTION (g) IN SECTION 32-262 PROVIDING FOR TWO HOUR PARKING ON CERTAIN STREETS IN THE CITY, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 60-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SUBSECTION (g) OF SECTION 32-262 THERETO PRO- VIDING FOR TWO HOUR PARKING BETWEEN 9:00 A.M. AND 6:00 P.M. EXCEPT SATURDAYS, SUNDAYS, AND PUBLIC HOLIDAYS AND DESIGNATING CERTAIN AREAS IN SUBSECTION (g) IN SECTION 32-262 PROVIDING FOR TWO HOUR PARKING ON CERTAIN STREETS IN THE CITY 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 creating a new Subsection (g) of Section 32-262 thereof as follows: "Sec. 32-262. Prohibited on designated streets or portions thereof. (g) Two hour parking 9:00 a.m. to 6:00 p.m. except Saturdays. Sun- days, and public holidays. When signs are erected giving notice thereof, no person shall park a vehicle between the hours of 9:00 a.m. and 6:00 p.m. on any day ex- cept Saturdays, Sundays, and public holidays upon the followirg streets or parts of streets as follows: Funrteenth Street, East, south side, from Jackson Street to White Street; north side, from Jackson Street to tbe alley east of White Street White Street, both sides, from East Thirteenth Street to East Fourteenth Street." Passed, approved and adopted tkis 20th day of November, 1989. James E. Brady Mayor ~TTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of November, 1989. Mary A. Davis City Clerk It 11/27 Council Member Voetberg moved that this be considered the first reading of the Ordinance and that the requh-ement 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 Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Council Member Simon moved that it be resalved to establish a "Hate Crime" fund in the amount of $5000 for rewards leading to arrests with details to be worked out by Staff. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kkiesner, Pratt, Simon, Voetberg. Nays--None. DOCK BOARD APPOINTMENTS: Two 3-year terms which will exph'e Nov. 26, 1992 (torrns of Waiter Curfman and Ed Ryan). Applicants: Kent Neflson, Ed W. Ryan and Charles R. Scott. Vote on tbe appointments was as follows: Mayor Brady voted for Neilson and Ryan. Council Member Deich voted for Ryan and Scott. Council Member Heckmann voted for Neilson & Ryan. Council Member Kluesner voted for Neilson and Ryan. Cotmcil Member Pratt voted for Ncilson and Ryan. Council Member Simon voted for Neilson and Scott. Council Member Voetberg voted for Neilson and Scott. Therefore, Kent Ncilson was appointed and Ed Ryan reappointed to three year terms on the Dock Bdi RESOLUTION NO. 384-89 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 Regular Session, November 20, 1989 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettos and Cigarette Papers within said City. Judith M. LaPrall The Pump 1301 Rhomberg Ave, Sam Wei Chin - Guo Liang Yong Long Yuen Chinese Restaurant 2600 Dodge St. Passed, approved and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of tile Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 385-89 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; 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 applicants a Beet' Permit. CLASS "C" BEER PERMIT Iowa Oil Company IOCO SPEEDE SHOPPE 3270 Dodge St. (Also Sunday Sales) TFM Co. Oky Doky #6 1256 Iowa St. (Also Sunday Sales) Passed, approved and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 477 Council Member Dcich moved adop- tion of the Resolution. Seconded by Council Member Heckmmm. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 386-89 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 cupiod by such applicants were inspected md fotmd 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 ause to be issued to the following namod applicant(s) a Liquor CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Sun's Corp Yen Ching Restaurant 926 Main St. Benevolent and Protective Order of Elks #297 2699 J. F. Kennedy Lynn Lindecker park Square Tavern 600 Central Ave. Gary L. Kupferschmidt and Chad Alan Streff Whiskey River 1064 University Ave. (Also Sunday Sales) Sam Wei Chin & Guo Liang yong Long Yuen Chine 2600 Dodge St. (Also Sunday Sales) Passed, approved and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Cotmcil Member Heckmarm. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, 478 Khiesner, Pratt, Simon, Voetberg. Nays--None. Printed Council Proceedhigs for month of May, 1989 presented for Council ap- proval. Council Member Veethorg moved that the proceedings be approved as printed. Seconded by Council Member Simon. Carried by tho following vote: Yeas--Mayor Brady, Council Members De/ch, Hechmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. MINUTES SUBMITTED: Airport Comm. of 10-10; Housing Comm. of 10-30; park & Recreation Comm. of 10-10 & 10-17; Zoning Bd. of Adjustment of 9-28, presented and read. Council Member Voetberg moved the minutes be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckmann, Khiesner, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS: Mary Bettcher, ha amt. of $61.43 for tire damages; Joan Beversdorf, in amt. of $303.99 for car damages; Robert Gatena in amt. of $45 for boat damages; Deipha (Becky) Jones in unknown amt. for per- sonalinjury and property damages; A.J. Kress in amt. of $453.85, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member S/mun. Carried by the following vote: Yeas-- Mayor Brady, Council Members De/ch, Heckmann. Khiesner, Pratt, Simon, Vcetberg. Nays--None. It is hereby certified that, on the 13th day of November, A.D., 1989, the under- signed Eldon Herr/g, Alan Manternach and Donna Smith, Dubuque County Board of Supervisors met as a Board of Canvassers as provided by law, in Coun- ty Courthouse in Dubuque County, Iowa, and canvassed the election returns from all the voting precincts in said County, for votes cast at the election hold therein on the 7th day of Novemhor, A.D., 1989 for each office on the ballot and the number of votes for and against each question suinnitted by said City the result of said canvass being as follows: FOR THE OFFICE OF City Council Regular Session, November 20, 1989 of Dubuque At Large (One to be elected) there were twelve thousand two hundred seventy-rant (12,274) ballots cast, of which Daniel Nicholsan had eight thou- sand forty-seven votes, Emil Stackis had four thousand two hundred twenty-five votes, Marvin Cecayne had one vote, Bruce Japsen had one vote and Daniel Nichalsen was elected. FOR THE OFFICE OF Mayor of Dubuque lOne to be elected) there were tblr teen thousand two hundred thirty-one 13,231) ballots cast, of w/i/ch James E. Brady had eight thousand four hundred fifteen votes, Michael Pratt had four thousand eight hundred fourteen votes. lames Gross had one vote, Dave Simon had one vote, and James E. Brady was elected, FOR THE OFFICE OF City Council of Dubuque Ward Three (One to be elected) there were two thousand five hundred eighty-two 12,582) bellots cast, of wblch Floyd Cook had seven hundred ninety-seven votes, Don. De/ch had one thousand seven hundred sixty-four votes, Walter Pregler had twenty-une votes and Don De/ch was elected. FOR THE OFFICE OF City Council of Dubuque Ward One (One to be elected) there were two thousand six hundred seventy-three votes t2,673) ballots cast, of which James Heckmaun had two thou- sand six hundred seventy-three votes and [ames Heckmann was elected. WITNESS our signatures, this 13th day of November, A.D., 1989. Canvassers: s/Eldon T. Hertig Chair Donna L. Smith Member Alan Manternach Member Petition of Lotus College requesting vacation of that section of the alley east of Blake St. as well as a portion of Blake St. falling within the Loras College boun- duty, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Simon. Carried by the following vote: yeas--Mayor Brady, Council Memhors Delch, Heckmann, Kinesner, Pratt, Simon, Voetherg. Nays--None. Regular Session, November 20, 1989 pecof of publication, certified to by the Publisher, on List of cia/ms paid for month of September, 1989, presented and Council Member Voetberg moved that the proof of publication be received and filed. S~cunded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckmann, Kiuesner, Pratt, Simon. Vcathorg. Nays--None. REFUNDS REQUESTED: KC & S, IBc. $633.75 on unexpired Liquor License, presented and read. Council Member Voetberg moved that the refund ho approved and Finance Director to issue the proper check. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members De/ch, Heckmann, Khiesner, Pratt, Simon, Voetherg. Nays--None. (LETTER) November 8, 1989 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400, Code of Iowa, 1989, as amended, the Civil Service Commission conducted ~q. itten examinations for the position of WATER PLANT OPERA- TOR on October 31, 1989. The following named applicants are on the first llst to be certified for appointment. Michael J. Feiton, Wflilam A. Haxmeier, Kenneth F. Massey, David H. Be//richard, Edward J. Bums, Samuel S. McCaugbey, James R. Burke, Richard W. Datisman, Garry S. Barry, Wayne D. Connally, Robert J. Mo/id We request that the appointment be made from this list. A second list is available, if needed. Respectfully submitted, s/Pat Dillon Chairperson s/Robert M. Miller s/Gerald Koppes Civil Service Commisalun ATTEST: Mary A. Davis Secretary Council Member Vcetberg moved that 479 he communication be received and filed and resolved to make it a matter of record. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voethorg. Nays--None. Communication of City Manager recommending acceptance of Town Clock plaza Tile and Terrazzo Repair Project, presented and read. Council Member Vcatberg moved that the counnunication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, 'Voetberg. Nays--None. RESOLUTION NO. 387-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the TOWN CLOCK PLAZA TILE AND TERRAZZO REPAIR has been com- pleted and the City Manager has exam- ined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and reconunands it acceptance. NOW, THEREFORE, BE IT RE- SOLVED, by the City Counci~ of the City of Dubuque, Iowa, that the recommen- datlon 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 GENERAL FUND in amount equal to the amount of his contract, less any re~ rained percentage provided for therein. Passed, approved and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Rsealutinn. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--Nane. 480 RESOLUTION NO. 388-89 FINAL ESTIMATE WHEREAS, the contract for the TOWN CLOCK PLAZA TILE AND TERRAZZO REPAIR has been com- pleted and the City Engineer has sub- mitted bis final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the cost of said im- provemant is hereby determined to be $65,454.82 and the said amount shall be paid from the GENERAL FUND of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of November, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Counell Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager recommending acceptance of Installation of the Compressed Air and Bus Systems at the Keyllne Transit Facility, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Heckmarm, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 389-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the COMPRESSED AIR SYSTEM AND BUS EXHAUST SYSTEM -- KEY- LINE TRANSIT FACILIq~ has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been completed Regular Session, November 20, 1989 according to the terms of the contract, it 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 accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the LOCAL SALES TAX FUND in mnoun~ equal to the amount of his contract, less m~y retained percentage provided for therein. Passed, approved and adopted this 20th day of November, 1989. James E. Brad~r Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetharg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the fullowir4~ vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voetherg. Nays--None. RESOLUTION NO. 39~-89 FINAL ESTIMATE WHEREAS, the contract for the COMPRESSED AIR SYSTEM AND EXHAUST SYSTEM -- KEY- LINE TRANSIT FACILITY has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the cost of said im- provement is hereby determined to be $62,620.00 and the said amount shall be paid from the LOCAL SALES TAX FUNDS of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of November, 1989. Jo~aes E. Brady Mayor Regular Session, November 20, 1989 481 ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Counell Members Deich, Heckmarm, Kluesner. Pratt, Simon, Voetberg. Nays--None. Communications of Corporation Counsel recommending settlement of following clelms: sewer backup of Joe Dolan in the amount of $426.40; proper- ty damage of Gilbert Nadermann in the amount of $175.00, presented and read. Council Member Voetberg moved that the communication be received and filed and approved settlements with Finance Director to issue the proper checks. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communications of Corporation Counsel recommending dehiaYclosure of following clahns: personal injury and bike damage of Dennis Hoyer for his son, Scott; property damage of Donald M. Kloft; personalinjury of Irmlna L. Sandt; cm' damage of Cindy & Douglas Winger, presented and read. Council Member Voetberg moved that the comnmnlcations be received and filed and recommendations approved. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing authorization to publish Notice of Environmental Review Findings for certain Community Development Block Grant Projects, presented and read and filed. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch Heckmonn, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 391-89 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FIND- INGS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuqne is ,osing to enter into a Grant Agreement for the Calendm' Year com- menelng January 1, 1990 with the U.S. Department of Housing and Urban Development, providing for llnancial ~ssistance to the City under Title I of the Housing and Community Devalopment Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described projects to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen- tal Review Committee has after due con- ~ made a determination that the ects axe not a major Federal action significantly affecting the quality of the human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Signifi- cant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for said projects available for public inspec- tion. Such notice shall be hi the form of attached hereto and made a part hereof. Housing Rehabilitation --Rehab Loan Program --Washington Neighborhood Tool Library --Housing In-Fill Acquiai~ion, Relocation, Demolition Code Enforcement Economic Development Activities Public Service Activities --Information and Referral --Community partnership Projects Section 2. That the City of Dubuque hereby declares its intent to adopt a Resohition at its meeting of December 4, 1989 authorizing the submission of a 482 request to the U.S. Department of Hous- ing and Community Development to undertake the projects. Passed, approved and adopted tiffs 20th day of November, 1989. Jan~es E. Bredy Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Bredy, Council Members Delch, Heckmann, Khiesner, Pratt, Simon, Voetherg. Nays--None. Communication of City Manager re- questing the filing of a Statement of In- tent for a CD Block Grant for the City of Dubuque, presented and read. Coundl Member Voetberg moved that the communication be reecived and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Vcetberg. Nays--None. RESOLUTION NO. 392-89 A RESOLUTION AUTHORIZING THE FILING OF A STATEMENT OF INTENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CITY OF DUBUQUE. WHEREAS, the City of Dubuque k entitled to participate in the Communi- ty Development Block Grant Program authorized under the provisions of Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS. the City of Dubuque has been declared eligible for funding in the approximate amount of $900,000 for the Calendar Year commencing January 1, 1990; and WHEREAS, the Community Develop' ment Block Grant Proposed Statement of Intent has been developed so as to give maximum feasible priority to activities which will benefit low and moderate in- come persons and aid in the prevention or elimination of slum and blight; and WHEREAS, the City of Dubuque has Regular Session, November 20, 1989 the citizens of the community with opportunities to provide input and comment on the Statement of Intent NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the fding of a Proposed Statement of Intent for participation in the Community Development Block Grant Program is hereby approved, and the Mayor of the City of Dubuque is hereby author~ed and db~ed to execute documentation on behalf of the City of Dubuque. Section 2, That the City Manager is hereby authorized and directed to sub- mit, in the required number of copies, the Proposed Statement of Intant to the U.S. Department of Housing and Urban Developmant and other appropriate agencies together with such other documents as may be required. Passed, approved and adopted this 20th day of November, 1989. James E. Brady Mayor Mary A. Davis City Clerk Council Member Voetherg moved adoptinn of the Resolution- Seconded by il Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, ~ineaner, Pratt, Simon, Voetberg. Nays--None. There being no further business, Coun- ell Member Deich moved to adjourn the meeting. Seconded by Council Manaber Carried by the following vo~e: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 11:55 p.m. Mary A. Davis City Clerk Approved_ 1990 Adopted__ 1990 Mayor Regular Session, November 20, ~1989 Council Members ATTESt. City Clerk 483