Loading...
1989 December Council Proceedings ~4, 1989 484 ~...~.~m,, ~ AN ORDINANCE OF THE CITYNO~ CITY CuuN , - DUBUQUE, I0WA, PROVID1 THAT THE CODE OF ORDINANCES, OFFICIAL CITY OF DUBUQUE, IOWA, BE Regular Session, December 4, 1989 AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS Council Met at 7:30 P.M., Public THE ZONING ORDINANCE OF THE Library Auditorium CITY OF DUBUQUE, IOWA, BY AP- Present--Mayor Brady, Council PROVING AN AMENDED CONCEP' Members Deich, Heckmann, Kluesner, TUAL DEVELOPMENT PLAN FOR Simon, Voetberg, City Manager W. Ken- THE PC PLANNED COMMERCIAL neth Gearhart, Corporation Counsel DISTRICT, LOCATED AT 255 J.F. KENNEDY ROAD, said Ordinance hay- Barry A. Lindabl. ing been presented and read at the Coun- Absent--Council Member Pratt. cfi Meeting of November 20, 1989, Mayor Brady read the call and stated final action. this is the REGULAR MONTHLY IOFFICIAL PUBLICATION) MEETING of the City Council called for ORDINANCE NO. 61-89 the purpose to act upon such business which may properly come before the AN ORDINANCE OF THE CITY OF Council. DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, Invocation was given by Rev. J. Elmer CITY OF DUBUQUE, IOWA, BE Brunk, paster of Faith United Methodist AMENDED BY REVISING APPEN- Church. There was a presentation of Ac- DIX A THEREOF, ALSO KNOWN AS tion Acknowledgement Certificates to THE ZONING ORDINANCE OF THE City Employees from the Water Division. CITY OF DUBUQUE, IOWA BY AP- Presentation of Service Recognition ~ AN AMENDED CONCEP- plaques was made to City employees TUAL DEVELOPMENT PLAN FOR with more than 25 years of service for the THE PC PLANNED COMMERCIAL City of Dubuque in incremant of S years. DISTRICT, LOCATED AT 255 J.F.KENNEDY ROAD. Proof of publication on Notice of Public Hearing te consider approving an amand- WHEREAS, Venture Stores, Inc. ap- ed Conceptual Development Plan for the plicant, has liled an amended conceptual PC District located at 255 John F. Ken- development plan Ior certain properties nedy Road, presented and read. hereina/ter described in accordance with ~ of the PC planned Commer- There were no written objections cial District regulations as set forth in received and no oral objectors present at Section 3-3.8D of the C~de of Ordinances, the time of the Hearing. Appendix A thereof, of the City of Du- Council Member Kluesner moved that buque, Iowa; and the proof of publication be received and WHEREAS, the Planning and Zoning filed. Seconded by Council Member Commission has held a public hearing on Heckmann. Carried by the following said amended conceptual development vote: yecs--Mayor Brady, Council Mem- plan pursuant to required published hers Deich, Heckmmm, Kluesner, Simon, notice; and Voetberg. Nays--None. Absent--Council WHEREAS, the Planning and Zoning Member Pratt. Commission has approved said amend- Council Member Kinesner moved to ed conceptual plan subject te specific con- suspendtherulestoallowanyonepresent ditions and restrictions having found to address the Council if they so desire, that said plan conIorms with the review Seconded by Council Membex Daich. Car- standards applicable to such plans as set ried by the following vote: Yeas--Mayor forth in Section 3-3.8D(4) ol the Code of Brady, Council Members Deich, Heck- Ordinances, Appendix A thereof of the mann, Kluesner, Simon, Voetberg. City of Dubuque, Iowa; and Nays--None. Absent--Canncil Member WHEREAS, the planning and Zoning Pratt. Commission recommended the concur- ORDINANCE NO. 61-89 fence of the City Council and approval 485 Regular Session,.December 4. 1989 of said amended conceptual developmen~ plan; and WHEREAS. the City Council has received the recommendation of the Plan- ning and Zoning Conunfssinn and has held its own public hearing on said amended conceptual development plan pursuant to required published notice; WHEREAS, the City Council has ap- prQyed said amended conceptual develop- ment plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That in order to accomplish the purpose of the PC Planned Conuner- ciai District of the Zoning Ordinance of the City of Dubuque, Iowa. the amend- ed conceptuai development, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following deartibed property, to wit: Lot 4 of ylannias Place and to the center llne of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the PC Planned Commer- ciai District and of the Zoning Ordinance, the proper~y herehiabove described is subject to the following conditions and restrictions; A. Use Regulations. The following regulations shall apply to all uses made of land in the above- described PC Planned Commercial District: 1) The principal permitted uses shall be limited to: a) Department stores [17] b) Indoor restaurant [20] 2) Accessory uses sheil belimited to any use custemar~y incidental and subor- dinate to the principal use. B. Lot and Bulk Regulations. Deveinpment of land in the particular PC Planned Commereiai District shall be regulated as follows: 1) Ali structures shall be a miulmum of 60 feet from the front property line ad- joining J.F. Kennedy Road. 2) No building or structure can exceed 40 feet in height on the site. 3) A moximum building area of 84,000 sq. ft. will be permitted on the site. C. Parking Requirements. 11 The off-street parking re- quirements for the principal permitted uses for the herein described PC Planned Conuneralal District shall be a minimum of I space for each 250 sq. It. of floor area accessible to the general public. The park- ing area shall be hnproved to City standards. D. Site Plan Provisions. The site development standards for this PC Planned Commercial District shall be as follows: 1~ The screening requirements shall be established in conformance with the requirements of Section 4-4 and 4-5.4 of the Zoning Ordinance of the City of Du- buque, Iowa, except that no screening shall be allowed 18 feet from the accesses on J,F, Kennedy Road. 2~ The traffic contral area across from the Wacker Drive enU'ance and the north and south ends of all parking lanes shall have raised curbing with raised cur- blag required around the perimeter of the parking area. E. Signs. The following regulations shall apply to all signs in this particular PC planned Commercial District. as follows: 1~ Two free-standing on-premise signs shall be permitted with a maximum area of 300 sq. ft. each and a maximum height of 40 feet. One free-standing sign shall be aliowed per frontage. 2) The wall-mounted on-premise signage area shall be 10% of each north, south and west building facade, max~ imum of 700 sq. ft. per building, 2 signs per building facade. Wall-mounted signs may be located on any wall below eave or parapet llne. 3) Directional signs shall be permit- ted at 6 sq. ft. per sign panel, either wall- mounted, projecting or free-standing with a maximum height of ten feet. F. Time Limitation. The conceptual development plan shall be valid for a period of three years, pro- vided a final site development plan is Regular Session, December 4, 1989 486 submitted within one year of the date of adoption. G. Transfer of Ownership. Transfer of ownership or lease of proper- ty in tins PC Planned Commercial Dis- trict shall include in the transfer or lease agreement, a provision that the pur- chaser or lessee ackn6wledges awareness of the conditions authorizing the estab- lishment of tins district. Section 3. That a final site development plan shall be approved by the City Development Planner if found to be in conformance with the approved concep- tuai development plan. If found to be in conformance with said plan, the issuance of building permits shall be permitted. Following approval of tbe final site development plan, no construction may take place except in substantial confor- manse with such plan. Passed, approved and adopted this 4th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tins 18th day of December, 1989. Mary A. Davis City Clerk It 12/18 ACCEPTANCE OF ORDINANCE NO. 61-89 I, Edward R. Agustin, have read the terms and conditions of the foregoing Or- dinance No. 61-89 and being familiar with the conditions thereof, hereby accept the same and ogree to the conditions required therein. Dated in Dubuque, Iowa tins 12th day of December, 1989. s/Edward R. Agnstin Venture Stores, Inc. Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, I-Ieckmann, Kluesnsr, Simon, Voetberg. Nays--None. Absent--Cunnsil Member Pratt. Communication of City Manager submitting Fourth Street Peninsula/Ice Harbor Urban Renewal District Plan AND An Ordinance establishing a Tox Increment Financing District within the proposed District and requesting public hearings be held on Plan and Ordinance on December 18, 1989, presented and read. Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesnsr, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. An ORDINANCE Establishing a Tax Increment Financing District witinn the proposed Fourth Street Peinnsal~]Ice Harbor Urban Renewal District, pre- sented and read. Council Member Voetberg moved that tins 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 winch it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 18th 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 Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voe~berg. Nays--None. Absent--Couneil Member Pratt. Communication of City Manager re- questing Mayor be authorized to execute Loan Agreements for Triing, Inc., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Couneil Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. RESOLUTION 393-89 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMU- NITY ECONOMIC BETTERMENT RCCOUNT FORGIVABLE LOAN 487 Regular Sessio~ December 4, 1989 AGREEMENT WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND TRILOG, INC. WHEREAS, the Community Eco- nomic Betterment Account program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and WHEREAS, the City of Dubuque, Iowa has been awarded a $600,000 forgivable loan from the Community Economic Betterment Account ICEBA) program by the Iowa Department of Economic Development; and WHEREAS, the City of Dubuque, Iowa desires to assist Trilog, Inc. in its efforte to develop and locate an alternate processing center in Town Clock Plaza, and to create permanent emphiyment op- per,unities for its citizens; and WHEREAS, a CEBA Grant Agree- ment is to be executed between the Iowa Department of Economic Development, Tcilag, Inc. and the City of Dubuque, Iowa and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Forgivable Loan Agreement hereto attached. Section 2. That the City Manager be and he is hereby authorized to disburse grant fimds to Trilog, inc. from the Com- munity Economic Betterment Account Program, in accordance with the terms and conditions of Forgivable Loan Agree- ment hereto attached. Passed, approved and adopted this 4th day of December, 1989. James E. Brady Mayor Aq~PEST: Mary A. Davis City Clerk Council Member Voctberg moved adoption of the Resohition. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Vcotberg. Nays--None. Absant--Council Member Pratt. RESOLUTION NO. 394-89 k RESOLUTION AUTHORIZING THE EXECUTION OF AN ECO- NOMIC DEVELOPMENT FORGIV- ABLE LOAN AGREEMENT WITH THE DUBUQUE COUNTY, IOWA BOARD OF SUPERVISORS AND TRILOG, INC. WHEREAS, the Dubuque County, Iowa Board of Supervisors has set aside loan monies to assist Trilog, Inc. in the development of an alternative processing center in the City of Dubuque, and WHEREAS, the Dubuque County, Iowa Board of S~pervisors has requested that the City of Dubuque assist them in the administration of said loan; and WHEREAS, the City of Dubuque, Iowa wishes to encourage the continued involvement of the County in local economic development efforts; and WHEREAS, an Economic Develop- ment Forgivable Loan Agreement is to be executed between the Dubuque Coun- ty, Iowa Board of Supervisors, Trilog, Inc., and the City of Dubuque, Iowa and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section L That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Forgivable Loan Agreement hereto attached. Section 2. That the City Manager be and he is hereby authorized to monitor the progress of Trilog, Inc., hi accordance with the terms and conditions of For- givable Loan A~greement hereto attached. Passed, approved and adopted this 4th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Regular Session, December 4, 1989 488 Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann~ Kluesner, Simot~, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of City Manager recommending adoption of an Ordinance which extends the moratorium on issu- ance of billboard sign permits in the Freeway Corridor for an additional 60 day period, presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. ORDINANCE NO. 62-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING SECTION 3-64, DIVISION 3, ARTI- CLE 3, CHAPTER 3, OF THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BY PROVIDING FOR A MORATORIUM ON THE IS- SUANCE OF PERMITS FOR BILLBOARDS IN THE CITY OF DUBUQUE, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 62-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING SEC- TION 3f04, DIVISION 3, ARTICLE 3, CHAPTER 3, OF THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BY PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF PERMITS FOR BILLBOARDS IN THE CITY OF DUBUQUE. WHEREAS, the City Council in response to a citizens' petition did re- quest the Planding and Zoning Conunis- sion to study the regulations relating to billboards and to make its recommenda- tion to the City Council for Zoning Or- dinance amendments; and WHEREAS, the Planning and Zoning Commission did form a Freeway Plan- ning Committee to study the Freeway 611151 Corridor for redevelopment opper- tunities, appropriate r~-use of vacant and under-utilized land and the promotion of compatible land uses along and adjacent to the Corridor; and WHEREAS, the Conunieeion has com- pleted a study of sign regulations and recommends a moratorium on billboard sign permit issuance within the Freeway Corridor; and WHEREAS, the Freeway Corridor Planning Committee has made a recom- nendation regarding land use within the corridor to the planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission win be making a recommen- tation after their December 6, 1989, meeting; and WHEREAS, the City Council has scheduled a public hearing on an amend- ment to the sign ordinance dealing with signs in the Freeway Corridor on January 29, 1990; and WHEREAS, the City Council deems it in the best interest of the City to allow the Commission and the City Council additional time to study the issues of Freeway Corridor planning. NOW, THEREFORE, BE IT OR- )AINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 3-64, Division 3, Article 3, Chapter 3 of the Cede of Or- dinances of the City of Dubuque, Iowa, be amended by adding thereto the follow- ing new paragraph: "No permit for an off-premise sign, as defined in Subsection 4-3 of the Zoning Ordinance, within the Freeway Corridor area as shown on the attached map, shail be issued by the building afficial from the date of the publication of this ordinance for a period of six- ty (60) days thereafter. The mor- atorium provided for herein shall not be construed to deprive any person, firm, or corporation of a vested right which such person, firm, or corporation may have ac- quired as a matter of law for the construction of an off-premise sign as of the effective date of the publication of this ordinauce. Any person, firm, or corporation grieved by or adversely affected by the building official's refusal to issue a permit for the construction of an off-premise sign pursuant to 489 this moratorium shall appeal therefrom to the City Council of the City of Dubuque . passed, approved and adopted this 4th day o! December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of December, 1989. Mary A. Davis City Clerk It Council Member Heckmanu moved that this be considered the first reading of the OrdinanCe, and that the require- ment that a proposed Ordinance be con- sidered and vo~d 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 edop- tion of the Ordinanee. Seconded by Coun- cil Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Simon, yeetberg. Nays--None. Abasnt~ --Council Member Pratt. Communication of City Manager recomN mending that the Cotmcil concur with the 1990 Legislative Statements, presented and read. Council Member Klueener moved that the communication be received and filed and concur with the recommendations. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dolch, Heekmann, Kluasner, Simon, Voetherg. Nays--None. Absent--Council Member Pratt. Council Member Kluasner moved that they add an additional request - increase monies to he used for speculation type of building to be built f~r new business development. Seconded by Council Member Deich. Cer tied by the foliowh~ vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Simon, Veetbers. Nays--None. Absent~ --Council Member Pratt. RESOLUTION NO. 395~9 WHEREAS, Applications for Liquor 4, 1989 Licenses have been submitted 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 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 he authorized to cause to be issued to the following named applicant(s) a Liquor IAeense. CLASS "C" ICOMMERCIAL) LICENSE Billy Bucks, Inc. Billy Bucks East Street Tap 521 E. 22nd St. (Also Sunday Sales} Angelina Bertolini Marlo's Italian Restaurant 1298 Main St. (Also Sunday Sales) New French Cafe, Inc. 225 West 6th St. Passed approved and adopted and this 4th day of December 1989. James E. Brady Mayor ~,TTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Certied by vote: yeas--Mayor Brady, Council Members Deich, Heckmann, Kluasner, Simon, Veetherg. Nays--None. Absent--Council Member Pratt. MINUTES SUBMITTED: Airport Comm. of 10-17 & 11-8; Electrical Ex- amfuing Bd. of 11-14; Five Flags Coma. af 11-20; IAbrory Bd. of Truafees of 11-16; Transit Trustee Bd. of 9-14; Zoning Bd. of Adjustment of 10-26 & 11-17; Historic Preservation Corem. of 11-14, presented and read. Council Member Voetherg moved that the minutes be received and fried. Second- ed by Council Member Heekmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heek- mann, Kluesner, Simon, Voetherg. Regular Session, December 4, 1989 490 Nays--None. Absent--Council Member Pratt. NOTICES OF CLAIMS: Mr. and Mrs. Dan Arnold in the amount of $60.90 for back-up sewer damages; Julius HCmricy in the amount of $52.96 for backed-up sewer damages; William Meissner, in amt. of $219.69 for vehicle damages; Sandy Sexton in emt. of $26.09 for vehi- cle damages, presented and read. Council Member Voetberg moved that the chibns be referred to the Legal Staff for investigation and report. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of Steven Neyens, Acting Secretary/Director of Freeway Roadside Beautification Committee ad- vising of work being done on landscap- ing proposals and planning ideas for one of the public open spaces that will be created by the new roadway and inviting Council to attend their meetings, pre- sented and read. Council Member Veetberg moved that communication be received and filed. Seconded by Council Member Heek- mann. Carried by the following vote: Yeas--Mayor Brady, Com~cil Members Deich, Hecinnann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Petition of David Lelfker requesting Council to give consideration to reducing speed limit; placing additional traffic lanes and installing traffic control lights all pertaining to intersections of North- west Arterial, Menard Road and High- way 20, presented and read. Mr. Leifker spoke to the petition. Council Member Heckmann moved that the petition be received and fried and referred to staff. Seconded by Council Member Simon. Carried by ti~e following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetherg. Nays--None. Absent --Council Member Pratt. Communication of ECIA Director, Wm. Banm, updating Council on happen- ings regarding refiling of R.I.S.E. applica- tion for Northwest Arterial, Phase IV, presented and read. Council Member Vcetberg moved that the communication be received and filed. Seconded by Council 'Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dolch, Heckmann, Kluesner, Simon, Vcotberg. Nays--Nane. Absent--Coancil Member Pratt. Communication of City Manager transmitting financial reports for the month of October, 1989; Communication of City Manager submitting quarterly in- vestment report prescribed within the "Statement of Investment Policy", presented and read. Council Member Vcotberg xnoved that the conununications be received and filed. Seconded by Council Member Heck- nann. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner~ Simon, Vcotberg. Nays--None. Absent--Council Member Pratt. Communlcatinn et Corporation Counsel submitting response to referral regarding water main breck at Avon & Dell St. and endorsing the recommenda- tion of denial as submitted by Alexsis, Inc., our insurance corder, presented and read. Council Member Veetberg moved that ~e communication be received and filed. Seconded by Council Member tteckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Khiesuer, Simon, Voetberg. Nays--None. Absent --Council Member Pratt. Communications of Corporation Counsel recommending deniaUclosure of tire damage claim of Mary Bettcber; per- sonal injury claim of Delpha Becky Jones, presented and read. Council Member Veetherg moved that the communicatian be received and filed and recommendations approved. Second- ed by Council Member Heckmann. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Klunsner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Conununication of City Manager re- questing authorization to file a release of Community Development Block Grant funds, presented and read. 491 Session, Council Member Voctberg moved that the communication be recalved and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayur Brady, Council Members Dalch, Heckmann, Kinesner, Simon, Vastberg. Nays--None. Absent-Council Member Pratt. RESOLUTION NO. 396-89 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuque con- vened an ad hoc committee on June 23, 1976 which completed an Enviranmen- tal Assessment of the following projects to be funded in the Community Develop- ment Block Grant; and Residential Rehabilitation Loan Program Tool Lending Library sponsored by Washington Tool Library, Inc., a non- profit corporation; Proporty Acquisition/Relocation/ Demolition Projects; and WHEREAS, pursuant to Resolution No. 240-76 adopted July 6, 1976, Public Notice of a "Finding of No Significant Effset on the Envicenment'~ for the above projects was published July 7, 1976 in the Dubuque Telegraph Herald, and provided for a public comment period until 12:00 Noon, Friday, July 30, 1976, and notice of opportunity to review the project was published on November 22, 1989 in the Dubuque Telegraph Herald and provided for a public comment period until 12:00 Noon, December 8, 1989; and WHEREAS, the City of Dubuque con- vaned an ad hoc committee on June 15, 1982 which completed an Environment Assessment of the following project to be funded in the Community Develop- ment Block Grant; and Housing Code Enforcement; and WHEREAS, pursuant to Resolution No. 210-78 adopted June 19, 1978, Public Notice of a "Finding of No Significant Effect on the Environment" for the pro- ject above was published June 20, 1978, in the Dubuque Telegraph Herald and provided for a public comment period December 4, 1989 until 12:00 Noon, Friday, July 7, 1976, and notice of opportunity cc review the project was published on November 22 1989 in the Dubuque Telegraph Herald and provided for a public comment period i2:00 Neon, December 8, 1989; and WHEREAS, the City of Dubuque con- n ad hoc committee on July 30. 1982 which completed an Environmen- tal Assessment of the foliowing project to be funded in the Community Develop- ment Block Grant; and WHEREAS, pursuant to Resolution No. 203-82 adopted August 2. 1982. Public Notice of a "Finding of No Sigalfi- cant Effect on the Environment" for the ect above was published August 4, 1982, in the Dubuque Telegraph Herald and provided for a public comment period until the project was published on Novemhar 22. 1989 in the Dubuque Talegraph Herald and provided for a public comment period until 12:00 Noon, December 8, 1989: and WHEREAS, Public Notice of a "Find- lng of No Significan~ Effse~ on the En- vironment'' for the pro] ecte was sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be ap- propriate to receive suc~a a Public Notice; and WHEREAS, any and all objections, if any, to such proposals have been duly and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. DeparUnent of Hous- ing and Urban Development for the release of funds to carry out the above- identified projects. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Envirom~aental Review Record for each of the projects shall continue to renmln on file in the Of- iice of the City Clerk where said record may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment seven (7) days after publication of Regular Session, December 4, 1989 492 appropriate notice a request for release V~rt~rg. Nays--None. Abeent--Council of funds to undertake the said projects. [ Member Pratt. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a responsi- ble federal official under the National En- viranmantal Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development responsibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to envisemnen- tal reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a certifica- tion pertaining to the Environmental Review procedures. Section 6. That the City Clerk be and she is hereby authorized and dh. ected to publish a notice for a Request for Relcese of Funds and Certification attached hereto and made a part hereof. Passed, approved and adopted this 4th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adopt/on of the Resolution, Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of City Manager recommending acceptance of the con- straction contract for the 1989 Asphalt Maintenance rrojset, presented and read. Council Me~nber Voetberg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Hockmann, Kluesner, Simon, RESOLUTION NO. 397-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the 1989 ASPHALT MAINTENANCE PRO- JECT has been completed and the City Manager has examined the work and fried his certificate stating that the same has been completed according to the ,f 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 recommen- dation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the STREET CONSTRUCTION FUND in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, approved and adopted this 4th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council. Members Deich, Heckmann, Kluesner, Simon, Voctberg. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 398-89 FINAL ESTIMATE WHEREAS, the contract for the 1989 MAINTENANCE PRO- JECT bas been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cinding the cost of estimates, notices and inspection and oll miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said ira- hereby determined to be 493 Regular Session, $329,337.49 and the said amount shall be paid from the STREET CONSTRUC- TION FUND of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of December, 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, Heckmaun, Kluesner, Simon, Vcatberg. Nays--Nane. Abeent--Councll Member Pratt. Communication of City Manager reconunending acceptance of the contract for the Sciunitt Island Wetland Excava- tion Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kinesner, Simon, Voetberg. Nays--None. Absent-- Council Member Pratt. RESOLUTION NO. 399-89 ACCEPTING IMPROVEMENT WHEREAS, the contract for the SCHMITT ISLAND WETLAND EX- CAVATION PROJECT 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 r~commends 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 he and the same is hereby accepted. BE IF FUTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor fram the REVENUE SHARING AND SALES TAX FUNDS AND PRIVATE CON- TRIBUTIONS in amount equal to the amount of his contract, less any retained December 4, 1989 percentage provided for therein. Passed, approved end adopted this 4th day of December, 1989. James E. Brady Mayor kTTEST: 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 Dcich, Heckmann, Kluesner, Simon, Vcetberg. Nays--Nune. Absent--Council Member Pratt. RESOLUTION NO. 400-89 FINAL ESTIMATE WHEREAS, the contract for the SCHMITT ISLAND WETLAND EX- CAVATION PROJECT has been com- 'pleted and the City Engineer has submit- ted his final estimate showing the cost thereof inciuding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $175,695.52 and the said amount shell be paid from the REVENUE SHARING AND SALES TAX FUNDS AND PRI- VATE CONTRIBUTIONS of the City of Dubuque, Iowa. passed, approved and adopted, this 4th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resointion. Seconded by Councll Member Heckmanu. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Heckmann, Kluesner, Simon, Vcetberg. Nays--None. Absent--Council Member Pratt. Communication of City Manager sub- mitring outline of the recommended S~reet Construction Program for the next five years, presented and read. Re__.q~Sessior Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Khiesner, Simon, Voetberg. Nays--Nane. Absent--Council Member Pratt. RESOLUTION NO. 401-89 A RESOLUTION APPROVING A TENTATIVE FIVE YEAR STREET CONSTRUCTION PROGRAM AND SUBMITTING SAME TO THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, there has been prepared a tentative S~xcet Cons~uction Program for fiscal years 1990 through 1994; and WHEREAS. said construction pro- gram must be filed with the Iowa Depart- ment of Transportation by December 1, 1989 for the purpose of ailocating Road Use Tax funds to municipalities; and WHEREAS, this Council has reviewed the tentative street constmctlon program as submitted. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the tentative five year Street Construction Program for fiscal years 1990 through 1994 be and the same is hereby approved, and the Mayor is hereby authorized and directed to sign this resolution. Section 2. That the City Manager is hereby authorized and directed to for- ward the required documents relating to the five year Street Construction Pro- gram to the Iowa Department of Transportation. Passed, approved and adopted this 4th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Kluesner, Sin~on, Vcetherg. Nays--None. December 4, 1989 494 Absent--Council Member Pratt. proof of publication on Notice of Find- ing of No Significant Effect on the En- vironment for various Community Development Projects, presented and read. Council Member Voetberg moved that the communication he received and fried. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent--Council Member Pratt. Communication of City Manager reconunending acceptance of Supplement No. 1 to the Code of Ordinances of the City of Dubuque, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absant--CounclI Member Pratt. RESOLUTION NO. 402-89 ADOPTING SUPPLEMENT NO. 1 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 17, 1989, the City Council, pursuant to Or- dinanca No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and in- ciuding December 19, 1988; and WHEREAS, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Cede of Ordinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Supplement No. 1 of the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City 495 Regular Session December 4, 1989 of Dubuque, Iowa from January 1, 1989 through June 19, 1989, prepared by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the Office of the City Clerk of the City oI Dubuque, Iowa, be end is hereby adopted and becomes part of the Cede of Ordinences of the City of Dubuque, Iowa. Passed, approved end adopted this 4th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckn~aun Kluesner, Simon, Voetberg. Nays--None. Abasnt--Council Member Pratt. REFUNDS REQUESTED: Henry Valentine, $100 on unused Cigarette per- mit, presented and read. Council Member Voetborg moved that the refund be approved end Finance Director to issue the proper check. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmenn, Kluesner, Simon, Vcetberg. Nays--None. Absent--Council Member Pratt. Council Member Dalch submitted a copy of an Ordinance adopted by the City of Mountain Home, AR regarding pro- hibiting the purchase of alcoholic beverages by individuals under the age of 21 years; providin~ for penalty for violations; and declaring an emergency and for other purposes. Council Member Voetberg moved that the communication be received and filed and refer the matter to the Legal Staff for investigation and report. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Abeent--Councll Member Pratt. There being no further business, Court- cfi Member Voetberg moved to adjourn the meeting. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Men~bers Daich, Heckmann, Kluesner, Simon, Voetberg. Nays--None. Absent --Council Member Pratt. Meeting adjourned at 8:30 p.m. Mary A. Davis City Clerk Approved ~ 1990 Adopted 1990 Mayor Council Members ATTEST: City Clerk Regular Session, Dece.__mber 18, 1989 496 CITY COUNCIL OFFICIAL Regular Session, December 18; 1989 Council Met at 7:30 p.m., at the Public Library Auditorium. Present--Cunncil Members Dcich, Heckmunn, Kfuesner, Pratt, Simon, Vcetberg, City Manager W. Kenneth Gearhart. Corporation Counsel Barry A. Lindahl. Absent at Roll Call--Mayor Brady. Mayor Pfc-Tern Deich read the coil and stated this is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Loren Hirschy, Pastor of Word of Life Ministries. Proof of publication on Notice of Public Hearing to consider Urban Renewal Plan for the Fourth Street Peninsula/Ice Har- bor area/district, presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Council Members Dalch, Heckmann, Kfuesner, Pratt, Simon, Voetbarg. Nays--None. Absent--Mayor Brady. Communication of Gary Newt of Newt Marine Service going on record objecting to the proposed Urben Renewal District proposed for the/ce Harbor AND Com- munication of Fischer Companies oppos- ing Urban Plan as proposed, presonted 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--Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Absent--Mayor Brady. Council Member Voetberg moved to suspend the rules to allow enyone presant to address the council if they so desire. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Council Members Dalch, Heckmenn, Kluesner, Pratt, Simon, Vcetborg. Nays--None. Absent--Mayor Brady. Mayor Brady entered at 7:36 p.m. Gary Newt of Newt Marine Services, spoke, objecting to the speed process is taking, not opposing Urban Renewal Bob Molo, of Molo Oil Co., requested same consideration and efforts th help them relocate. Ed Nicbolson of Fischer Co.'s opposed Plan "A". John Adams of Adams Co. supported the Urban Renewal plan as proposed. RESOLUTION NO. 403-89 A RESOLUTION APPROVING A PLAN FOR THE ICE HARBOR URBAN RENEWAL DISTRICT WHEREAS, the City Council has, by Resolution 381-89, found that the area, to be known as the Ice Harbor Urban Renewal District, is a blighted area, as defined by Chapter 403 of the 1989 Iowa Code, and is appropriate for urban renewal activities; and WHEREAS, the Council believes that the designation of the Ice Harbor area as en urben renewal district will assist in the removal or improvement of existing blighting elements and will enhance the attractiveness of the area as a potential site for new and expending residential, recreational, commercial and industrial activity; and WHEREAS, the City Manager has prepared an Urban Renewal Plan for said district, hereto attached as EXHIBIT A, which indicates, among other things, the development objectives of the district, public purpose activities, land use development and redevelopment re- qniremente, finance activities, and stan- dards for relocation assistance; end WHEREAS, the Planning and Zoning commission has reviewed the Urban Renewal Plan and has unanimously found that said document conforms to the general plan for the development of the City of Dubuque as a whole and has trensmitted its findings to the City Coun- dl; and WHEREAS. the City Coundl has held a public hearing on the Urban Renewal Plan after public notice theroof published notice; and WHEREAS, it is provided in Chapter 403 of the 1989 Cede of Iowa that the 497 Regular Session, December 18, 1989 governing body of a municipality may approve an urban renewal plan if it finds that: a. A feasible method exists for the relocation of households displaced from the urban renewal distrlct into decent, safe and sanitery dwelling accomodations within their means and without any un- due hardship; and b. The development of proposed uses are necessary and appropriate to facilitate the proper growth and devei- opment of the community in accordance with sound planning standards and locei community objectives. c. The Urban Renewal Plan con- forms to the general plan of the municipality as a whole. 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 "Ice Harbor Ur- ban Renewal District," is an area of blight and is appropriate for an urban renewal project; to wit: That area generally bordered on the north by the public alley located between the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad ICC&P RR), on tbe south by East First Street, and on the east by the municipal limits of the City of Dubuque, Section 2. That the development and redevelopment of the Ice Harbor is necessary and appropriate to facilitate the proper growth and development of the community. Section 3. That it is hereby found and determined that a feseible rnethed exists for the relocation of households who will be displaced from the urban renewal district into decent, safe and sanitary dwelling eccommodat/ons within their means and without any undue hardship. Section 4. That the Urban Renewal Plan for the Ice Harbor conforms to the general plan of the City of Dubuque and ia hereby approved. Section 5. That the City Clerk be and she ~s hereby directed to file a copy of said plan with the minutes of this meeting. Passed, approved and adopted this 4th day of December, 1939. James E. Brady Mayor ~.q~rEST: Mary A, Davis City Clerk Council Member Voctberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kfuesner, Pratt, Simon, Voetberg. Nays--None. Proof of publication on Notice of Public Hearing to consider an Ordinance pro- riding for Tax Increment Financing on he Urban Renewal Plan for the Ice Har- bor area, presented and read. Council Member Pratt moved that the proof of publication be received and filed. · Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Klusener, Pratt, Simon, Voctberg. Nays--None. ORDINANCE NO. 66*89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR, ON ALL PROPERTY LOCATED WITHIN THE ICE HAR- BOR URBAN RENEWAL DISTRICT IN THE CITY OF DUBUQUE, COUN- TY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO.BE ISSUED, INCURRED BY SAID CITY IN CON~ NECTION WITH APPROVED DE- VELOPMENT pROJECTS LOCATED WITHIN SAID URBAN RENEWAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of December 4, 1989, presented for final action. Regular Session, December 18, 1989 498 (OFFICIAL PUBLICATION) ORDINANCE NO. 66-89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE ICE HAR- BOR URBAN RENEWAL DISTRICT IN THE CITY OF DUBUQUE, COUN- TY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CON- NECTION WITH APPROVED DE- VELOPMENT PROJECTS LOCATED WITHIN SAID URBAN RENEWAL DISTRICT. WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuaut to Resolution passed and approved Dec. 18, 1989, adopted an Ur- ban Renewal Plan for an area known as the Ice Harbor Urban Renewal District, which includes its boundaries, the follow- ing lote and parcels: That area generally bounded on the north by the public alley incated between the vacated Fourth Street and Third Street and on the west by the Chicago, Central and Pacific Reilroad (CC & PRR) on the south by East First Street, and on the east by the municipal limits of the City of Dubuque, Iowa; and WHEREAS, expenditures and in- debtodness of bonds and]or loans are an- tieipated to he incurred by the City Coun- cil of the City of Dubuque, Iowa in the future to finance approved development projects within the Ice Harbor Urban Renewal District; and WHEREAS, the City Council of the City of Dubuque, Iowa, desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described in accordance with the provisions of Section 403.19 of the Code of Iowa 1989; NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the taxes levied on the t~xable property in the Urban Renewal District known as the Ice Harbor Urban Renewal District legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Dubuque, Iowa, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effec- ive date of this Ordinance shall be divid- ed as hereinafter in this Ordinance provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing district t~udng pro- mrty in said Urban Renewal District upon the total sum of the assessed value of the taxable property in said district as shown on the assessment roll on January 1, 1988 shall be oRocated to and when col- lected, be paid into the Fund for the respective taxing district as taxes by or for said taxing district into wMch all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special fund to be hereafter established by Resolution of the City of Dubuque, Iowa, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bands issued under the authority of Sect/on 403.9 of the 1989 Code of Iowa, apd the Section 403.12 of the 1989 Code of Iowa, wMch may be in- curred by the City of Dubuque, Iowa, to finance or refinance in whole or in part approved development projects within the Urban Renewal district except that ;axes for the payment of bonds and in- terest of each taxing district shall be col- lected against all taxable property within Urban Renewal District without any limitation as hereinabove provided. Set,on 4. Ail taxes levied and collected upon the taxable property in said Ice Harbor Urban Renewal District shall be 499 Regular Session, paid into the funds of the taxing distrlete as taxes by or for said taxing districts in the same manner as all other proper- ty taxes unless or until the total assessed valuation of the taxable property in said Urban Renewal District shall exceed the total assessed value of the taxable pro- perty in said district as shown on the January 1, 1988 assessment rolls. Section 5. At such time as the in~ debtedneee of the City of Dubuque, hereinabove referred to, have been paid, all modes thereafter reeeived from taxes upon the t taxable property in the Urban Renwal District known as the Ice Har- bor Urban Renewal District shall he paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of or- dinancee in conflict wlth the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are in- tended and shall be construed so as to ful- ly implement the provisions of Section 403.19 of the 1989 Code of Iowa with respect to the division of taxes from pro- petty within the Urban Renewal District as described above. In the event that any provision of this Ordinance shall be deto~ mined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provi- sions of Section 403.19 of the Code of Iowa with reference to-said Urban Renewal District. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed, approved and adopted this 18th day af December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of Deeember, 1989. Mary A. Davis City Clerk It 12/23 Council Member Pratt moved final adoption of the Ordinance, as amended. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- December 18, 1989 Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing to rezone portion of the Ice Har- bor from HI to CR District, presented and read. Council Member Kluesner moved that the conununication be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Klueener, Pratt, Simon, Vcetberg. Nays--None. An ORDINANCE Amending Zoning Ordinance by reclassifying property ad- oiu~,g to and including portion of the Ice Harbor from HI Heavy Indast~iai to CR Commercial Recreation District, presented and read, Com~cll Member Kiassner 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 that a Public Hear- ing he held on the proposed Ordinance on the 15th day of January, 1990 and that the City Clerk be direetod to publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Heckmann, Kfueener, Pratt, Simon, Voetherg. Nays--None. Communication of planning and Zon- ing Commission approving request of A. J. Spiegel to rezgne property located west of Highway 151/61 from AG to C-3, presented and read. Council Member Kluesner moved that the communication he received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Veetberg. Nays--None. An ORDINANCE Amending Zoning Ordinance by reclassifying property lccated west of Highway 151/61 from AG Agricultural to C-3 General Colmnercial I District, presented and read. [ Council Member Kluesner moved that ] this be considered the fu'st reading of the Regular Session, December 18, 1989 5OO Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing he held on the proposed Ordinance on the the 15th day of January, 1990, and that the City Clerk be directed to publish notice in the man- her prescribed by law. Seconded by Coun- cil Member Pratt. Carried by the follow- lng vote: Yeas--Mayor Brady. Council Members Deich, Heekmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager ad- vising Council that Vedi Associates, Inc. will be present to present a progress report on Parking Rmnp #3, presented and read. Council Member Kluesner moved that the conununication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Conununication of Steve and Phyllis Slattery appealing the decision to remove a tree in front of their home at 1955 Delaware St., presented and read. Council Member Kluesner moved that the cornmunication be received and filed and referred matter to the City Manager (with the City Forester to inspect the tree and report back to the Council). Second- ed by Council Member Heckmann. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Pratt, Simon, Voetherg. Nays--None. Communication of City Manager re- questing Council to switch the Park Hill Water Tank Rehabilitation Project from the Fiscal Year 1992 budget to the Fiscal Year 1991 Budget, presented and read. Council Member Khiesner moved that the communication be received and filed and request approved. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- rnitting Ordinances providing for traffic sign modifications which are necessary upon completion of the latest phase of the U.S. 61 construction project, presented and read. Council Me~nber Kluesner moved that the communication be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dsich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 63-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING ROCKDALE ROAD FROM SUBSECTION (b) OF SEC- TION 32-214 THEREOF PROVIDING FOR THE DESIGNATION OF A STOP SIGN AT THE INTERSEC- TION OF ROCKDALE ROAD AND THE WEST RAMP OF KERRIGAN AND ADDING ROCKDALE ROAD TO SUBSECTION (b) OF SECTION 32-216 THEREOF PROVIDING FOR THE DESIGNATION OF A YIELD SIGN ON ROCKDALE ROAD AT ITS INTERSECTION WITH THE WEST RAMP OF KERRIGAN ROAD, prc~ sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 63-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING ROCKDALE ROAD FROM SUBSECTION (b) OF SEC- TION 32-214 THEREOF PROVIDING FOR THE DESIGNATION OF A STOP SIGN AT THE INTERSEC- TION OF ROCKDALE ROAD AND THE WEST RAMP OF KERRIGAN AND ADDING ROCKDALE ROAD TO SUBSECTION (b) OF SECTION 32-216 THEREOF PROVIDING FOR THE DESIGNATION OF A YIELD SIGN ON ROCKDALE ROAD AT ITS INTERSECTION WITH THE WEST RAMP OF KERRIGAN ROAD 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 Reckdaie Road from 501 Subsection (b) of Section 32.214 thereof as follows: "Sec. 32-214 Stop intersections. NORTHBOUND VEHICLES Rcokdale Ran~ and the west ramp of Kerrigan Road" Section 2. That the Cede of Ordinances of the City of Dubuque, Iowa be amend- ed by adding Rockdale Road to S~bsec- tlon (b) of Section 32-216 thereof as follows: "Sec. 32-216. Yield intersections. NORTHBOUND Rockdal~ Road and the west romp of Kerrigan Road" passed, approved and adopted tins 18th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tins 2Ist day of December, 1989. Mary A. Davis City Clerk It 12/21 Council Member Klucener moved that this be considered the first reading of the Ordinance, and that the rec~ant that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at winch it is to be finally adopted be suspended and further moved final adoption of the Ordinanse. Seconded by Council Member Vcetberg. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Simon, Vnstharg. Nays--None.. ORDINANCE NO. 64.89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADD- ING SOUTHERN AVENUE TO SUB- SECTION Id) OF SECTION 32-262 THEREOF PROVIDING FOR THE r Session, December 18, 1989 PROHIBITING OF PARKING ON BOTH SIDES OF SOUTHERN AVE- ENUE FROM SOUTH LOCUST VALLEY STREET, ON THE SOUTH SIDE OF SOUTHERN FROM VALLEY STREET TO A POINT ONE HUNDRED FIF- TEEN FEET WEST OF VALLEY STREET, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 64-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADD- ING SOUTHERN AVENUE TO SUB- SECTION (d) OF SECTION 32-262 THEREOF pROVIDING FOR THE PROHIBITING OF PARKING ON BOTH SIDES OF SOUTHERN AVENUE FROM SOUTH LOCUST STREET TO VALLEY STREET, ON THE SOUTH SIDE OF SOUTHERN AVENUE FROM VALLEY STREET TO SAMUEL STREET, AND ON THE NORTH SIDE OF SOUTHERN AVENUE FROM VALLEY STREET TO A POINT ONE HUNDRED FIF- TEEN FEET WEST OF VALLEY STREET NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding Southern Avenue to Subsection (d) of Section 32-262 thereof as follows: "Sec. 32-262. Prohibited on Designated Streets or Portions Thereof. (d) Nc-parking-at-any-time zones designated Southern Avenue, both sides, from South Locust Street to valley Street; south side, from Valley Street to the east proper- ty line of Samuel Street; north side, from Valley Street to a point one hundred fiReen Ill 51 feet west of Valley Street" Passed, approved and adopted tins 18th day of December, 1989. James E. Brady Mayor Regular Session, December 18, ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tins 21st day of December, 1989. Mary A. Davis City Clerk it 12[21 Council Member Kkiesner ~noved that this be considered the first reading of the Ordinance and that the requh~ment that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at winch it is to be finally adopted be suspended and furtimr moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. Co~mnunication of City Manager sub- mlt~ng recommendations rciative to prc~ posed parking meter changes for specific areas in the metered parking district, presented and read. Council Member Klnssner moved that the communication be received and fried. 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. 65.89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING CERTAIN AREAS IN PARKING METER DISTRICTS A AND C IN SECTION 32-336 THERE- OF AND ADDING CERTAIN AREAS IN PARKING METER DISTRICTS A C 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. 65-89 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING CERTAIN AREAS IN 1989 502 PARKING METER DISTRICTS A AND C IN SECTION 32-336 THERE- OF AND ADDING CERTAIN AREAS IN PARKING METER DISTRICTS A, C AND E IN SECTION 32-336 IN LIEU THEREOF PROVIDING FOR THE PLACEMENT OF CERTAIN PARKING METER SP~CES 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 Parking Meter Districts A and C in Section 12-336 thereof as follows: "Sec. 32-336. Districts. Parking Meter District A Seventh Street, both sides, be- tween Locust and Bluff Streets Locust Street, west side, between Fourth and Eighth Streets Locust Street, west side, between Eighth Street and Ninth Street parking Meter District C Eighth Street, north side, from Bluff Street to Hill Street Fifteenth Street, East, north side, one block east of Central Avenue Fifteenth Street, East, south side, from Central Avenue to White Street Fifteenth Street, West, both sides, one-half (1/2) block west of Central Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by adding certain areas in Parking Meter Districts A, C and E in Section 32-336 thereof as follows: "Sec. 32-336. Districts. Parking Meter District A Seventh Street, north side, from Locust Street to Bluff Street Locust Street, west side, from Fourth Street to Sixth Street and 503 Regular Session, December 18, 1989 from Seventh Street to Ninth Street Parking Meter District C Eighth Street, north side, from Bluff Street to a point approx- imately four hundred eighty (480) feet west of Bluff Street Fifteenth Street, both sides, from Central Avenue to White Street; north aide, from Central Avenue to the alley east of Iowa Street Parking Meter District E Seventh Street, south side, from Bluff Street to Locust Street Eighth Street, north side, from a point approximataly four hundred eighty (480) feet west of Bluff Street to Hill Street Fifteenth Street, south side, from Central Avenue to the alley east of Iowa Street Locust Street, west side, from Sixth Street to Seventh Street." Passed, approved and adopted this 18th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 21st day of December, 1989. Mary A. Davis City Clerk it 12/21 Council Member Klueener moved that this be considered the first reading of the Ordinance, and that the requirement thor a proposed Ordinance be considered and voted on for passage at two counc'd meetings prior to the meeting at wi,Ach it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Veetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. Communication of Planning and Zoning Comn~ssinn advising of their approval to amend Zoning Ordinance to allow for charging a fee for a new or amended Conceptual Development Plan within certain districts, presented and read. Council Member Heckinann 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, Klueaner, Pratt, Simon, Voetberg. Nays--None. An ORDINANCE Amending Code of Ordinances by amending Zoning Or- dinances by enacting new Sections 3-1.6D4(g), Section 3-3.8D4(g) and Sec- tinn 3-5.2D4(g) to provide for a fee for an amended Conceptual Development Plan for the PR Planned Residential District, PC Planned Commercial District, PI planned Industrial District and ID In- stitutional District, presented and read. Council Member Heckmann moved that this matter be referred to the Budget process. Seconded by Council Member Veetberg. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kineener, Pratt, Simon, Veetberg. Nays--None. Further discussion and possible action on the Downtown Hotel project: Com- munication of Greater Dubuque Develop- merit Corporation requesting Council to allow 30 days to reconcile difference be- tween City and the Select Development Group Partnership regarding the deval- opment of a hotel in downtown Dubuque; Communication of Dubuque Racing Assn. recommending Council move quickly on the deveinpment of a downtown hotel; Communication of City Manager submitfmg edd~tional informa- tion in follow-up to the presentations by prospective downtown hotel developers on December 12, 1989; Communication of Blue Moon Development Co. submit- ting their proposal regardhig the building of a ~ull service convention hotel; Com- munication of Select Development Group advising of their proposM to build a mid- scale hotel with 100 rooms in down;own; Mike Conion, Pres. of GDDC encourag- ing the selection of the Select Develop- ment Group, presented and read. Council Member Heckmann moved to delay the decision for another 30 days un- til January 15, 1990 and request final Regular Session, December ,18, 1989 504 signed proposals to be submitted by the interested developers no later than Fri- day, January 12. Seconded by Counc'd Membar Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 404-89 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 Ord~mnces 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 authoF~zed to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT United Automobile Workers, Local 4~94 3450 Central (Also Sunday Sales) Passed, approved and adopted this 18th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Counall Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Counall Members Deich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 40589 WHEREAS, Applications £or Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be cupled by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "B" ~HOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc. Julien Motor Inn 200 Main St. (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Mecaeco, Inc. The Moracee 1413 Reckdale Rd. (Also Sunday Sales) Phillip R. Love The Lounge 481 Locust St. (Also Sunday Sales) Lenny's Avenue Top, Inc. Lanny's Avenue Top 1080 University Kachevas, Inc. Demetri's Restaurant & Viking Lounge 665 Dodge St. (Also Sunday Sales) David A. Ungs Copper Kettle 2987 Jackson St. (Also Sunday Sales) David H. Hoffman The White House Tap 450 West Locust Patrlcia A, Humke Kennel Club 1097 Jackson St. (Also Sunday Sales) Passed, approved and adopted this 18th day of December, 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 Iollowing vote: Yeas--Mayor Brady, Council Members Deick, Heckmann, Kluesner. Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 406-89 WHEREAS, Applications Ior Liquor Licenses have been submitted to this Council Ior approval and the same have been examined and approved; and December 18, 1989 5O7 communication be received and filed and directed a report back at budget time. Seconded by Council Member Vcotberg. Carried by the folinwing vote: Yeas-- Mayor Brady, Council Members Deich, Heckmaun, Kluesner, Pratt, Sin~on, Voetberg. Nays--None. REFUND REQUESTED: John J. Oellnas, $50 on unexpired Cigarette License, presented and read. Council Member Kluenasr moved that the refund be approved and Finance Director to issue the proper check. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brady, Council Membere Deich, Heckmann, Kineaner, Pratt, Simon, Vcotberg. Nays--None. City Manager submitting Financial Reports for the month of November, 1989, presented and read. Council Member Kluesner moved that the reports be received and filed. Second- ed by Council Member Heckmaun. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heck- mann, Klueaner, Pratt, Simon, Vcetberg. Nays--None. Communication of City Manager re- questing MayOr be authorized to exeCUte an Agreement with the IDOT on a right- of-way assurance statement for federal aid projects, presented and read. Council Member Kluesnor moved that the communication be received and flied. Seconded by Council Member Heck- mann. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Klueaner, pratt, Sin~on, Voetberg. Nays--None. RESOLUTION NO. 4084~9 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREE- MENT WITH THE IOWA DEPART- MENT OF TRANSPORTATION FOR RIGHT-OF-WAY AssURANCE STATEMENT FOR FEDERAL' AID pROJECTS WHEREAS, the Iowa Depar tinent of Transportation has requested the City te execute an agreement stipulating that the City will comply with the 1970 Uniform ReIocatiun Assistance and Land Acquisition policies Action, on federal- aid transportation projects; and WHEREAS, such a statement must be on file with the Iowa Department of Transportation in order for the City to be eligible for federal transportation THEREFORE, BE IT RE- sOLVED BY THE CITY cOUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be anthor- ized to execute a right, of-way assurance statement with the Iowa Department of Transportation stipulating that the City of Dubuque will comply with the relevant federal regulations on acquisition of pro- perty for transportation purposes, for which federal funds will be involved. Passed, approved and adopted this 18th day of December, 1989. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundfl Member KlUesner moved adop- tion of the Resointiun. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady. Council Members Dalch, Heckmaun, Kinesner, Pratt, Simon, Voetherg- Nays--None. Communicatiun of Fischer Companies appealing the decision to remove a tree on the east side of their property at 408 W. 5th Street, presented and read. Council Member Kluanser moved that the communication be referred to the City Manager. Seconded by Council Heckmann. Carried by the fol- lowing vote: yeas--Mayor Brady, Coun- cil Members Dcich, Heckmann, Kluesner, Pratt, Simon, Voetberg. Nays--None. CommUnication of Council Member L submitting his resignation from the Dubuque Racing Assn., pre- sented and read, Council Member Kinesnar moved that the communication be received and filed and accepted resignation. Seconded by Council Member Haskmann. Carried by the foliowlng vote: yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Simon, Voetberg. Nays--None. There being no further business, Coun- cil Member Kluesner moved to adjourn Session, December 18, 1989 the meeting. Seconded by Council Member pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Heckmann, Kluesnar, pratt, Simon, Voetberg. Nays--None. Meeting adjourned at 9:57 p.m. Mary A. Davis City Clerk Approved ~~ 1990 Adopted ~ 1990 Mayor 5O8 Council Members ATTEST: City Clerk