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1987 March Council Proceedings126 Special Session, February 23, 1987 Council Members ATTEST: City Clerk Regular Session March 16, _1987 127 CITY COUNCIL OFFICIAL Regular Session, March 16, 1987 Council Met at 7:30 p.m., at t~ae Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, City Solicitor William Blum. ~ Absent--Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. PROCLAMATIONIS}: Month of March as "Mental Retardation Month" received by Roy Schmeicheh Month of March as "Women's History Month" received by Louise Ottavi; March 22 thru 28 as "Cooperative Education Week" received by Louise Ottavi. Coundl Member Deich moved to sus- pend the rules to let anyone present ad- &ess the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner. Krieg, Kranfeldt Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher. on Notice of Public Hearing to consider the FY 88 Consolidated STA Application and the Section 9 Program of Projects of the FY '88 Operating Assistance Application and a Capital Assistance Application to aid in the cost of various items for the Transit System, presented and read. There were no writ- ten objections received. Council Member Kluesner moved that the proof oI publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--Council Member Kronfeldt. Conununication of City Manager re- questing approval of two KeyLine ap- plications, presented and read. Council Member Kluesner moved that the communication be received and filed and approved applications. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simpn. Nays--Council Mem- ber Kronfeldt. Proof of publication, certified to by the publisher, on Notice of Public Hearing on plans and specifications for the construe tion of the S~hmitt Island Rcetroom Facility, presented and reed. There were no written obj~tions received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication bo received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 60-87 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the llth day of February, 1987, plans; specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Schmitt Island Rcetceom Facility; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT ~E- 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. 128 Regular Sessior March 16, 1987 Passed, adopted and approved this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved edop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicb, Kluesnsr, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Proof of publication, certified to by the publisher, on Notice to Bidders of the Receipt of Bids for the constmctlun of Schmitt Island Restroom Facility; Com- munication of City Manager recommend- lng to award contract for the above pro- ject to M.P. Kluck & Sons, Inc., pre- sented and read. Council Member Kluesner moved that the proof and communication be receiv- ed and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays-- None. RESOLUTION NO. 61-87 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Construction of Sohraitt Island Restroom Facility pursuant to Resolution No. 46-87 and notice to bidders published in a newspaper published in the City of Dubu- que, Iowa on the 19th day of February, 1987. WHEREAS. said sealed proposals were opened and read on the 3rd day of March. 1987. and it has been determin- ed that the bid of M.P. Kluck & Son. Inc.. of Dubuque in the amount of $44.300.00 was the lowest bid for the furnishing of ali labor and materials and performing the work as provided for in the plans and specifications. NOW. THEREFORE. BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE.' IOWA: That the contract for the above im- provement be awarded to M.P. Kluck & Son, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member KInssnsr moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Communication of Planning and Zon- ing Commission approving rezoning re- quest of Philip and Martha Powers to reclassify property located East of J.F. Kennedy Road and south of the Fire Sta- tion from R-3 to C-2 District, presented and read. CouncilMember Simon moved that the · communication be received and filed. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kinesner. Kriag, Kronfeldt. Manning, Simon. Nays--None. AN ORDINANCE Providing that the Code of Ordinances be amended by reclassifyipg property East of J.F. Ken- nedy Road and south of the Fire Station from R-3 Multi-Family Residential District to C-2 Neighborhood Shopping Center District, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance. and that the requirement that a proposed Ordinance be considered and .Regular Session voted on for passage at two council meetings prior to the meeting at which it is to he finally adopted be suspended and further moved that a Public Hear- lng he held on the proposed Ordinance on the 6th day of April, 1987, 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, I~uesnsr, Krleg, Kronfeldt, Mmming, Simon. Nays-- None. Communication of City Manager sub- mitring decunmnts providing for the con. struction of a new Heating, Ventilating, Air Conditioning System for second floor of City Hall, presented and read. Council Member Kluesner moved that the communication he received and filed. Seconded by Council Member Simon Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Ktieg, Kronfaide, Manning, Simon. Nays--None. RESOLUTION NO. 62-87 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE~CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the new HVAC System, second floor, City Hail, in the estimated amount of $35,000.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved edop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Coundl Members Dcich, Kluesner, Ktieg, March 16, 1987 129 Kronfeldt, Manning, Simon. Nays-- None. RESOLUTION NO. 63.87 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the new HVAC System, second floor, City Hall. NOW, THEREFORE, BE IT RE- SOLVED that on the 20th day of April, 1987, a public hearing will he held at 7:30 ~.m. in the Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of sa~d improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not he less than four days nor more than twen- ty days prior to the day fixed for its con- sideration. At the hea~ng, any interested person may appear and file objections to the proposed plans, specifications, con- tract, or estimated cost of the unprovement. Passed, adopted and approved this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member KIuesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ktieg, Kronfeldt, Manning, Simon. Nays-- None. RESOLUTION NO. 6&87 ORDERING BIDS 130 Regular Session, BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the new HVAC System, second floor, City Hall is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 9th day of April, 1987. Bids shall be opened and reed by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 20th day of April, 1987. Passed, adopted and approved this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved edop. tion of the Resointian. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members DeJch. Kluesner, Krieg, Kronfaldt. Manning, Simon. Nays-- None. Communication of Attorney Russal Neuwoehner. on behalf of Biechler Elec- tric, Inc., requesting to eddress the Court~ cil to present a request for the purchase tcither outright or by way of easementi or lease of a portion of the City right-of- way adjacent to the former Rowiey In- terstate Building located at 2010 Kerper Blvd.. presented and read. Council Member Simon moved that the communication be received and filed and referred ~o the Staff for recommenda- March 16, 1987 tlons, with intent to arrange to sell or dispose of property to protect our con- :ems. Seconded by Council Member Kluesner. Carcied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of City Manoger re- commending not to install the requested Sewer Extension on Roosevelt Road (deferred from meeting of 2-16-87), presented and road. Council Member Kluesner moved that the communication be received and filed and authorized staff to continue the study. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krleg, Kronfaldt, Man- ning, Simon. Nays--None. Communication of John and Jackie Nelson responding to City Manager's recommendation not to instal[ the sewer ,xtension for Roosevelt Road; Petition of John Nelson et al (9 signers) requesting installation of Sanitm7 Sewer Extension on Roosevelt Road if it were equitably assessed, presented and read. Council Member Kluesner moved that the communication and petition be received and filed. Seconded by Council Member Kronfeldt. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Diech, Kluasner, Krieg, Krun- feldt, Manning, Simon. Nays--None. Communication of Rita and Bob Kueter, 2299 Gordon Drive, requesting the replacement of Guard Rail that was removed during paving of Kennedy Road from Asbury ~o Spring Valley Road: Communication of City Manager recom- mending partial replacement of Guard Rail on J.F. Kennedy Road, presented and read. Council Member Kr~nfeldt moved that the communications be received and fil- ed and approve the recommendation of the City Manager. Seconded by Council Member Krieg. Carried by the following vo~e: yeas--Mayor Bredy, Council Mem- bers Daich. Kluesner. Kronfeldt. Man- ning. Nays--Coundil Members Krieg, Simon. Regular Sessior Communication of City Manager re- commending approval to authorize a loan of $16,000 to the Dubuque Trolley, Inc., from local Community Development Block Grant Funds, presented and read. CounclI Member Simon moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ' RESOLUTION NO. 65-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COM- MUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH DUBUQUE TROLLEY, INC., FOR THE AMOUNT OF $16,000 WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Com- munity Development Block Grant Funds for the purpose of stimulating economic development activities within the com- munity; and WHEREAS, the City of Dubuque, Iowa, desires to assist Dubuque Trolley, Inc., in its efforts to retain its existing operations; and WHEREAS, the City of Dubuque, Iowa, desires to create permanent employment opportunities for its citizens; and to encourage the diversification of the local economy; and WHEREAS. a Loan Agreement is to be executed by Dubuque Trolley, Inc., · 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 ave hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa, upon the Loan Agreement hereto attached, award- lng a sixteen thousand dollar 1516,000) loan to Dubuque Trolley, Inc., according to the terms specified therein. March 16, 1987 131 Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Develop- ment Block Grant entitlement fund, in accordance with the terms and conditions of the Loan Agreement hereto attached. Passed, approved and adopted this 16th day of March, 1987. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yans--Mayor Brady, Council Members Deich, Kluesuer. Krieg, Kronfeldt, Simon~ Nays--None. Abstain --Council Member Manning. Communication of City Manager sub- mitting Resolution and disposition documents for the former Burlington Northern Depot Lease offering and des'~gnating who will serve on the Review Committee, presented and read. Jerry Enaler of the Dubuque Historical Seel- ety questioned the length of the lease for this property. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Ktieg. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Daich, Klues- neri Krieg, Kronfeldt, Simon. Nays-- Council Member Manning. RESOLUTION NO. 66-87 A RESOLUTION OFFERING DOCU- MENTS AND PROCEDURES FOR THE DISPOSITION OF THE FORMER BN DEPOT PROPERTY, APPROVING THE MINIMUM PROPOSAL REQUIREMENTS AND COMPETITIVE REVIEW CRITERIA AND SETTING A SCHEDULE FOR THE NOTICE, SUBMISSION, REVIEW AND SELECTION OF DEVELOPMENT PROPOSALS. WHEREAS, the City of Dubuque, Iowa, is seeking the development of the former BN Depot property located at the base of 2nd Street in the Ice Harbor area 132 Regular Session March 16, 1987 so as to create job opportudities~ increase the tax base, provide orderly redevelop- ment and appropriate reuse to comple- ment and expand tourist and waterfront- related activities in the Ice Harbor area and WHEREAS, the City Council believes that the best approach to this matter i~ to invite proposals from potential developers to enter into an agreement that would lead to the leasing and development of the property; and WHEREAS, in order to establish a reasonably competitive disposition of the property and to assure that the City ex- tends a full and fair opportunity to ail developers interested in submitting a pfc- posai, a document entitled "Offering Statement and Developer Packet" has been prepared and is attached hereto as Exhibit "A" and by this reference is mode a part hereof, which sets out the minimum Proposai Requirements each proposai must satisfy in order to qualify for consideration, the information and documents winch must be submitted, the schedule for submission, review and selection and the Review Criteria to be used in evaiuating proposals; and WHEREAS, in order to evaiuate the usuai terms and conditions associated with a property lease with the City, a pro- posed "Lease Agreement" has been prepared and is attached hereto as Ex- inint "B" and by t~is reference is made a part hereof; and WHEREAS, tins Council believes it is in the best interests of the City to act as expeditiously as possible to offer tins perry for lease and development as set forth herein. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~lan 1. That the property as represented in Exinint "C' attached hereto and containing approximately .5 acre of land shall be offered for lease and development in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determin- ed that in order to qualify for considera- tion for selection, each developer shall submit a proposal which meets the following minimum requirements and shall include: (1) A narrative description of propos- ed primary and acceessory uses of the property, including hours of operation and whether the use(s) will be open year- round. (2) A strategy and time line to establish rezoning of the property to allow said use(s), if necessary. (3) A proposed interior layout for the building and estimated costs for re- modeling. (4) A site plan for the property to in- clude proposed exterior building modi- fications and estimated costs, elevations, signage, landscaping, parking and traf- fic flow considerations including service delivery and planned screening for out- door storage and trash areas. (5) A resume of prior project devalop- ment/management activities evidencing the ability of the developers to carry out projects of similar scale and character. (6) Names of principals with at least I0% interest in the proposed venture, projected operating costs and profit/loss statements for term of lease, Letters of Commitment from lending institutions and any other evidence deemed necessary to evaiuate the financial capacity to develop and sustain the project. (7) A proposed development time line to include planning, financing, start of construction, marketing, promotion and opening phases. (8) Pral]minary estimates of the number of jobs to be created, job titles of employees and expected rates of pay. (9) Preliinianry estimates of the locai property taxes which would be gen- erated. (10) Proposed rental rate. Section 3. That it is hereby determin- ed that each proposai submitted that satisfies the minimum requirements, as determined by the City Council, shall be Regular Sessior, March 16, 1987 133 reviewed on the basis of the strength of such proposal as judged by the following competitive criteria: (1) Demonstrated developer and/or en- trepreneuriai experience in successful pro- jects of similar scale and ~haracter. (2) Compatibility of the proposed pro- ject with other commercid/recreatian/ water~ont/museum uses in a redeveloped Ice Harbor area. (3) Extent of leasehold improvements planned for the property that will im- prove the building's physical condition, rehainlltate the building following ap- proved preservation guidelines and]or restore the building to its originai detail and character. (4) Uniqueness of the proposai in that it provides new experiences or new vari- ety for the customer/tourist to comple- ment existing or planned activities in the Ice Harbor area. (5) Demonstrated developer ability to finance and complete the project as pro- posed in a timely manner with renovation and reuse of the property commenced within a reasonable time period. (6) Direct impact, to the local economy as measured by investment in the physical rehabilitation of the building, number of jobs created/retainod, an- ticipated payroll, anticipated property taxes, rentai income generated for City and any other economic spin-offs ex- pected. (7) Lease of the property to be for muse, not speculation. Section 4. That the officlai notice of this offering shail be a true copy of this Resolution, but without the attachments referred to herein. Section 5. That the City Clerk be and is hereby authorized and directed to secure immediate publication of said of- ficlai notice in the Telegraph Herald. a newspap~ having a generai circulation in the conununity, by publication of the text of tins Resolution on or before the 20th day of March, 1987. Section 6. That the required docxaments for the submission of a proposal shall be in substantiai conformity with the pro- visions of this Resolution. Section 7. That written proposals will be received at the office of the City Clerk, City Hall, Dubuque, Iowa 52001 at or before 10:00 am., April 27, 1987 ~md will be opened and publicly read aloud by the City Clerk at 10:15 a.m., April 27, 1987. Section 8. That a committee of thee City Council shall make preliminary analysis of each proposal for compliance with the minimum ~quirements established here- in above during the week of April 27 through May 1, 1987, and that for each proposal that satisfies these require- ments, the committee shall judge the strength of the proposal by the Review Criteria established herein above. The committee shall, upon making pre- liminary evaluation, submit a report and recommendation along with the open prc~ posals for full Council consideration. Section 9. That the proposols and report of the committee will be presented to the City Council at 7:30 p.m., May 4, 1987, at a public meeting to be held in the Carnegie-Stout Public Library Audi- torium, Dubuque, Iowa, at which time Council shall make the finai evaiuation and selection of the proposals. Council reserves the right to reject any and all proposais or to waive any tceimicai ties and irregularities. Passed, approved and adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundl Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Simon. Nays--Council Mem- ber Manning. Communication of City Manager questing consideration to consent to a variance from the pricing structure of disposition sites in the Dubuque Indus- triai Center, presented and read. 134 Regular Session Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kluesner, Krieg, Krunfeldt, Manning. Simon. Nays--None. RESOLUTION NO. 67-87 A RESOLUTION CONSENTING TO A VARIANCE FROM THE PRICING STRUCTURE OF DISPOSITION SITES IN THE DUBUQUE INDUSTRIAL CENTER WHEREAS, the City Council and the City of Dubuque, Iowa, and Dubuque In- Future, Inc., have entered into a Memo- randum of Agreement, date August 17, 1981; and WHEREAS. Section 6 of the afore- mentioned Memorandum of Agreement provides the following: "6...The CORPORATION shall not enter into contracts or agreements for the disposition of industrial sites in the pro- ject at less than fair market value thereof without the written consent of the CITY in each case."; and WHEREAS, the City Council adopted Resolution No. 223-83 dated September 6, 1983, establishing the pricing structure of disposition sites in the Dubuque In- dnstrial Center; and WHEREAS, the Board of Directors of Dubuque In-Future, Inc., has requested City Council consent to dispose of a site in Dubuque Industrial Center at less than fair market value as set forth in Resolution No. 223-83. NOW. THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowo~ hereby finds and determines that a public purpose is to be served by the sale of a certain site in the Dubuque Industrial Center at less than fair market value, as es~ablisbed in Resolution No. 223-83. Section 2. That the Board of Directors of Dubuque In-Future. Inc..ds hereby March 16, 1987 authorized to sell approximately 5.55 acres at $.37 per square foot in lieu of $.64 per square foot base price establish- ed by Resolution No. 223-83. Section 3. That this Resalutinn shall constitute the written consent of the City of Dubuque to the disposition of an in- dustrial site in the Dubuque Industrial Center at less than fair market value as required by Section 6 of the Memoran- dum of Agreement between the City of Dubuque and Dubuque In-Future, Inc. Passed, approved and adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coun(fl Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Krunfeldt, Manning, Simon. Nays-- None. Communication of City Manager sub- mitting Resolution authorizing the revi- sion of Section 4.1 of the Dubuque Data Services Company's February 16, 1987, CDBG Loan Agreement, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 68-87 A RESOLUTION AUTHORIZING THE REVISION OF DUBUQUE DATA SERVICES' COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WHEREAS. under provisions of Title I of the Housing and Community Development Act of 1974. as amended~ the City of Dubuque has received Com- munity Development Block Grant Funds for the purpose of sthunlating economic Regular Session development activities within the com- munity; and WHEREAS, the City of Dubuque, Iowa, previously expressed a desire to assist Dubuque Data Services in its ef- forts to enhance and expand its existing operations; and WHEREAS, the City of Dubuque, Iowa, desires to create permanent employment opportunities for its eltizens; and to encourage the diversification of the local economy; and WHEREAS, a revised Loan Agree- ment, revoking and replacing the original Loan Agreement adopted by the City Council on the 16th day of February, 1987, is to be executed by Dubuque Data Services 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 revised Loan Agreement hereto attach- ed, awarding an eighty thousand dollar ($80,000) loan to Dubuque Data Services, according to the terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds fi.om the Community Develop- ment Block Grant entitlement fund, in accordance with the terms and conditions of the revised Loan Agreement hereto attached. Passed, approved and adopted this 16th day of March. 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesnsr, Krieg, Kronfeldt, Manning, Simon. Nays-- None. March 16, 1987 135 Communication of City Manager re- questing authorization to submit joint- ly with the ECIA Planning Assistance Application to UMTA, presented and read. Council Member Shnon moved that the communication be received and filed. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 69-87 AUTHORIZING THE FILING OF AN APPLICATION WITH THE U.S. DEPARTMENT OF TRANSPORTATION WHEREAs, the Secretary of Trans- portation is authorized to make grants for mass transporatinn projects; and WHEREAS, the contract for financial asaistance will impose certain obligations upon the applicant, including the provi- sions by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title IV of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Trans- portation Act of 1964, amended, the ap- plicant give an assurance that it will com- ply with Title IV of the Civil Rights Act and the U.S. Department of Transporta- tion requirements thereunder; and WHEREAS, it is the goal ni the Ap- plicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that minor- ity businesses shall have the maximum feasible opportunity to compete for ~on- tracts when procuring construction con- tracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the East Central In- 136 Regular Session. March 16, 1987 tergevernmental Association is authorlz- ed and directed to execute application on behalf of the City of Dubuque with the U.S. Department of Transportation, to aid in the financing of planning assis- tance projects pursuant to Section 9 of the Surface Transportation Assistance Act of 1982. Section 2. That the Mayor is authoriz- ed and directed to execute with such plicatinn in assurance, supplemental ag~ement, or any other document re- quired by the U.S. Department of Trans. portatinn effectuating the purposes of Title IV of the Civil Rights Act of 1964. Section 3. That the East Central In- tergovernmental Association is authorlz- ed to furnish such additional information as the U.S. Department of Transports- tion may require in connection with the application for the project. Section 4. That the Mayor is authoriz- ed and directed to set forth and execute affirmative minority business policies in connection with the project's procure- ment needs. Section 5. That the Mayor is authoriz- ed and directed to execute grant agree~ ments on behaff of the City of Dubuque with the U.S. Department of Transporta- tion for aid in the financing of the plan- ning assistance projects. Section 6. That the East Central In- terguvernmental Association is authoriz- ed and directed to publish a notice of op~ portunity for public hearing, to be held on the application at least 15 days after publication. Passed, approved and adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon ~noved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesne~, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Canm~unication of City Manager repo~ ting on the status of several requests made by Group W Cable, Inc., (now known as ARP Cable, Inc.) and re- questing City Manager to be authorized to appoint a five person evaluation team to prepare recommendations on the cable company requests and requiring cable company representatives to direct all in- quirles and communications to the City Manager during the evaluation period, presented and read. Terry Davis of Denver, CO. stressed urgency to take further action, transfer of franchise needed. Council Member Krieg moved that the communicatinn be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Ktieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. ~7 RESOLUTION AUTHORIZING THE CITY MANAGER TO FORM AN EVALUATION TEAM TO EVALUATE PROPOSALS FROM THE CABLE COMPANY RELATING TO THE CABLE SERVICES DELIVERY FRANCHISE WHEREAS, the City Council has referred to the City Manager for evalua- tion and recommendation several pro- posals from ARP Cable, Inc., formerly known as Group W Cable, Inc., relating th the cable services delivery franchise for the City of Dubuque; and WHEREAS, to enable such evaluation to proceed in an efficient and timely man- ner, it is deemed to be in the best interest of the City to authorize the City Manager to form an evaluation team and to con- sider proposals relating to be cable ser- vices delivery franchise. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City Manager is hereby authorized and directed to ap- point an evaluation team comprised of the City Manager, Cable Franchise Ad- ministrator, the Corporation Counsel or ~ Regular Session his designee and two membere of the Cable Regulatory Commission to eval- uate proposals received from ARP Cabl( Inc., and to make recommendatinn~ regarding such proposals to the Cable Regulatory Commission and the Du- buque City Council for their considera- tion and action, Section 2. That the employees, officers agents and representatives of ARP Cable, Inc., or Tele-Communicatinns, Inc., or any of their subsidiaries, shall direct all inquiries and communications to the above evaluation team through the City Manager in reference to any pro- posal from the cable company relating to the cable services delivery franchise for the City of Dubuque. Passed, approved and adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Ktieg moved adoption of the Resolution. Seconded by Council Member Ktuesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Kranfeldt, Mann!ng, Simon. Nays-- None. Communication of City Manager sub- mitting Resolution directing Clerk to advertise for a Design Public Hearing on the Northwest Arterial from Asbury Road to J.F. Kennedy Road if requested, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Krieg. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kines- ncr, Krieg, Kronfeldt, Manning, Simon, Nays--None. RESOLUTION NO. 71~7 A RESOLUTION PROVIDING FOR AN OPPORTUNITY FOR A DESIGN PUBLIC HEARING ON THE NORTHWEST ARTERIAL FROM ASBURY ROAD TO JOHN F. KENNEDY ROAD March 16, 1987 13_...~._,~7 WHEREAS, a Corridor Location Public Hearing'was held on the North, west Arterial on June 14, 1978, and WHEREAS, a final Corridor Location was granted by the Iowa Department of Transportation on December 4, 1979, and WHEREAS, the construction of the Northwest Arterial from Asbury Read to John F. Kennedy Road is scheduled for grading in 1987. and for paving in 1988, and WHEREAS, Federal Highway Ad- ministration regulations require that the public be afforded an opportunity for a design public hearing on the facility. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City Clerk be in- structed to publish an opportunity for a design public hearing on the Northwest Arterial from Asbury Road to John F. Kennedy Road, which notice shall be )ublished on March 20 and March 27, 1987, hi a mmmer as required by law. The deadline for submission requests for a design public hearing shall be April 10, 1987. Passed, adopted and approved this 16th day of March, 1987. James E. Brady Mayor Aq?TEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Krenfaldt, Manning, Simon. Nays-- None. Petition of Walter Pregler, Chairperson of Transit Trustee Board, requesting to address the Council regarding the ques- tion of a Wheel Tax for the City, )resented and read. Mr. Pregler re- quested some of the proposed Local Vehi- cle tax money to go for Public Transit, if that tax is authotized. 138 Regular Session Council Member Kranfeldt moved that the petition be received and filed, Second- ed by Council Member Simon. Carr~d by the following vote: Yeas--Mayar Brady, Council Members Delch, Klueener, Krieg, Krenfeldt, Manning, Simon. Nays-- None. RESOLUTION NO. 7~ A RESOLUTION APPROVING THE IMPOSITION OF A LOCAL VEHICLE TAX IN THE AMOUNT OF TWENTY DOLLARS PER VEHICLE WHEREAS, Chapter 422B of the 1985 Iowa Cede Supplement authorizes the imposition of certain local option taxes after an election in winch the ma- jority of the electors vote in the affir- mative; and WHEREAS, the imposition of a local veincle tax to provide funds relating to the construction, maintenance, and supervision of the public streets would be in the best interest of the City of Dubuque to provide long-term financial stability in the annual street rehabilita- tlen and/or reconstruction progeam of the City. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Dubuque City Council urges the fding of a petition(s) re- questing imposition of a local vehicle tax in the amount of twenty dollars ($20.00) per veincle with the Dubuque County Board of Supervisors authorizing said Board to direct the Dubuque County Commissioner of Elections to submit the questlon of the imposition of a local incle tax to the qualified electors of Dubuque County. Section 2. That the City Counc'd of the City of Dubuque hereby declares its in- tent to specifically apply the proceeds of a local veincle tex ff such tax is approv- ed by the electors to the elimination of the asseselble portion to the property owners of the cost of the rehabilitation and/or reconstruction of streets in the nual street program of the City. Passed. approved and adopted tins March 16, 1987 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Counell Members Daich, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brady, Council Member Kluesner. An ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by enacting a new Section 33-120 thereto providing for the use of a Local Veincle Tax, presented and read. Council Member Kronfeldt moved that tins be considered the first reading of the Ordinanco, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 6th day of April, 1987, 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 Manning. Vote on the motion was as follows: Yeas--Council Members Deleh, Krieg, Kronfaldt, Man- ning, Simon. Nays--Mayec Brady, Coun- cil Member Kluesner. MOTION FAIL- ED DUE TO LACK OF A % VOTE. Council Member Kronfeldt moved that this reading be considered the first reading of the Ordinance. Seconded by Council Member Man~ng. Carried by the following vote: Yeas--Canncil Members ] Deich, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brady, Council Member Kluesner. Communication af City Manager ad- vising we are ready to proceed with the refunding of a portion of the G.O. Bonds sold for the construction of the Dog Track and asking Council concurrence in prcceeding with the sale of $5,500,000 in O.O. Bonds for that purpose, presented and read. Regular Session March 16, 1987 139 Council Member Kluesner moved that the communication be received and filed and concurred with proceeding. Second- ed by Council Member Kronfeldt. Carri~ by the following vote: Yeas--Mayor Brady, Council Members Deich Kluesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 19-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE~ IOWA, BY ENACTING A NEW SECTION 25-100 THERETO PROVIDING FOR THE USE OF SAFETY BELTS AND SAFE- TY HARNESSES IN MOTOR VE- HICLES. Said Ordinance having been presented at the Council Meetings of February 2, 1987, and February 16, 1987, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 19~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 25-100 THERETO PROVIDING FOR THE USE OF SAFETY BELTS AND SAFE- TY HARNESSES IN MOTOR VE- HICLES. 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 enacting a new Section 25-100 thereto as follows: SEC. 2~100. SAFETY BELTS AND SAFETY HARNESSES. It shall be unlawful for any driver or front seat occupant of a 1966 model year or newer model motor vehicle which is subject to registration in Iowa, except a motorcycle or a motorized bicycle, not to wear a properly adjusted and fastened safety belt or safety harness anytime the vehicle is in forward motion on a street in this City, except that a child under six years of age shall be secured as required under Section 25-101 of the Code of Ordinances. This section shall not apply to: (a) The driver or front seat cccupant of a motor vehicle which is not required to be equipped for safety belts or safety harnesses under rules adopted by the Iowa Department of Transportation. (b) The driver and front seat occupants of a motor vehicle who are actively engaged in work winch requires them to alight from and re-enter the veincle at Ire- quent intervels, provided the veincle does not exceed 25 miles per hour between stops. (c) The driver of a motor veincle winle performing duties as a ruralIetter carrier for the U.S. Postal Service. This exemp- tlon applies between the ~irst delivery point after leaving the post office and the last delivery point before returning to the post office. (d) Passengers of a bus. (e) A person possessing a written cer~ tificution from a physician on a form pro- vided by the Iowa Department of Trans- portation that the person is unable to wear a safety belt or safety harness due to physical or medical reasons. The cer- tificatlon shall specify the time period for winch the exemption applies. The time period shall not exceed twelve months, at winch time a new certification may be issued. (9 Front seat occupants of an authoriz- ed emergency vehicle while they are be- ing transported in an emergency. How- ever, this exemption does not apply to the driver of the authorized emergency vehiCle. Passed, approved and adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of March, 1987. Mary A. Davis City Clerk Council Member Kineaner moved final 140 Regular Sessior, March 16, 1987 adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfeldt, Manning, filmom Nays--Mayor Brady, Council Member Deich. Communication of City Manager sub- mitting Ordinance to establish naming road east of Rockdale Road as Twin Valley Drive, presented and read. Council Member Klueaner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 20-87 AN ORDINANCE ESTABLISHING TWIN VALLEY DRIVE AS THE NAME FOR THE FORMER U.S. HIGHWAYS 62 AND 67 EAST OF ROCKDALE ROAD TO THE CITY LIMITS, IN THE CITY OF DU- BUQUE, IOWA, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 20-87 AN ORDINANCE ESTABLISHING TWIN VALLEY DRIVE AS THE NAME FOR THE FORMER U.S. HIGHWAYS 52 AND 67 EAST OF ROCKDALE ROAD TO THE CITY LIMITS, IN THE CITY OF DU- BUQUE, IOWA. WHEREAS, the former U.S. High- ways 52 and 67 from Rockdale Road east to Highway 61/151 has been platted, named and dedicated to the public; and WHEREAS, said primary designation of U.S. Highways 52 and 67 from Rockdale Road east to Highway 611151 no longer exists; and WHEREAS, Section 409.17 of the Code of Iowa, 1985, provides that the City Council may, by ordinance, cause a name of a platted street to be char4;ed. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE, IOWA: Section 1. That the platted street previously known as U.S. Highways 52 and 67, in the City of Dubuque, Iowa, shall hereinafter be named and known as Twin Valley Drive. Section 2. That the Mayor and City Clerk of the City of Dubuque, Iowa, shall certify and file this ordinance, after its passage, with the County Recorder, City and County Assessor and County Auditor of Dubuque County, Iowa, and the Auditor shall make the proper changes on the plats found in the Office of the Auditor and the Recorder shall enter the instrument of record. Passed, approved wad adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of March, 1987. Mary A. Davis City Clerk Council Member Kluesner moved that this be considered the first reading of the Ordinance, mad that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetinge prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the foliowlng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfeldt, Man- ning, Simon. Nays--None. Communication of City Manager sub- mRting Ordinance to establish the hours which Riverview Park is open for public use. presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by tbe following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Regular Sessio~ ORDINANCE NO. 21-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SUBSECTION (j) TO SECTION 27-74 THEREOF PRO- VIDING FOR THE HOURS THAT RIVERVIEW PARK SHALL BE OPEN TO THE PUBLIC, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 21-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SUBSECTION TO SECTION 27-74 THEREOF PRO- VIDING FOR THE HOURS THAT RIVERVIEW PARK SHALL BE OPEN TO THE PUBLIC. 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 enacting a new Subsection (j) to Section 27-74 thereof as follows: "Sec. 27-74. Open season and hours generally. J (j) Riverview park shall be open for use by the public from 7:00 a.m. until 10:00 p.m. dally and only registered campers shall be permitted in the area at all other Passed, approved and adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of March, 1987. Mary A. Davis City Clerk Council Member Kluesner moved that this be considered the first reading of the ~March 16, 1987 141 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 )rdinance. Seconded by Council Member Simon. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. Communication of City Manager sub- matting Ordinance specifying the hours in which metered parking will be in ef- fect in downtown Dubuque, presented and read. Council Member Klueaner moved that the communication be received and filed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. ORDINANCE NO, 22-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (b) OF SECTION 25-325 THEREOF AND ENACTING A NEW SUBSECTION lb) OF SECTION 25-325 IN LIEU THEREOF PROVIDING FOR THE OPERATION OF PARKING METERS MONDAY THROUGH SATURDAY FROM 9:00 A.M. THROUGH 6:00 P.M. ~resented and read, (OFFICIAL PUBLICATION) ORDINANCE NO. 22-87 kN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION lb) OF SECTION 25-325 THEREOF AND ENACTING A NEW SUBSECTION (b) OF SECTION 25-325 IN LIEU THEREOF PROVIDING FOR THE OPERATION OF PARKING METERS MONDAY THROUGH SATURDAY FROM 9:00 A.M. THROUGH 6:00 P.M. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 142 Re_2.~ular Sessio~ Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by repealing Subsection (b) of Section 25-325 and enacting a new Subsection (b) of Section 25-325 in lleu thereof as follows: "Sec~ 25-325. When operation is required. (b) Such parking meter shall be operated to show legal parking in such parking meter zones between the hours of 9:00 a.m. and 6:00 p.m., Monday through Saturday of each week." Passed, approved and adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published in the Telegraph Herald Newspaper this 24th day of March, 1987. Mary A. Davis City Clerk Council Member Kluesner 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 Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ding, Simon. Nays--None. Communication of City Manager sub- .mitting a tentative schedule of future Ci- ty Council Worksessions for their review and requesting additional Council input on the content annd expectations for several Worksesaions, presented and read. Council Member KrunfeIdt moved that the communication be received and fded and directed Staff to set dates. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members DeJch, Kluesner, Ktieg, Kronfeldt. Manning, Simon. Nays-- None. Proof of publication, certified to by the March 16, 1987 publisher, on Notice to Bidders of the receipt of bids for the construction of the Old Mill Road Sanitary Sewer; Com- munication of City Manager recommen- ding to award contract for above to Tschiggfrie Excavating be'rog 18,5% under the Engineer's estimate, presented and read. Counc'fl Member Kluesner moved that the proof and communication be recolv- ed and filed. Seconded by Council Member Kranfaldt, Carried by the follow- ing vote: Yeas--Mayor Brady, Counc'fl Members Deich, Kluesner, Krieg, Kron- fuldt, Manning, Simon. Nays--None. AWARDING CONTRACT RESOLUTION NO. 73-87 WHEREAS, sealed proposals have been submitted by contractors for the Old Mill Road Sanitary Sewer pursuant to Resolution No. 41-87 and notice to bid- ders published in a newspaper publish- ad in the City of Dubuque, Iowa, on the 19th day of February, 1987. WHEREAS, said sealed proposals were opened and read on the 5th day of March, 1987, and it has been determin- ed that the bid of Tschigg~rie Excavating of Dubuque in the amount of $33,615.08 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above ira- provement be awarded to Tschiggfrie Ex- cavating 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 contractor's bond, the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 16th day of March. 1987. James E. Brady Mayor Regular Session March 16, 1987 143 ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yes--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- None. Communication of Council Member Manning disclosing her intent to apply for a Rehabilitation Loan~ presented and Council Member Simon moved that the communication be received and filed and supported her request for a waiver, re questing that a copy and the motion be given to Housing Services Mgr. Karl Kohnan. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfuldt, Simon. Nays--None. Abetaln--Council Member Manning. RESOLUTION NO. 74-87 BE IT RESOLVED by the City Coun- cll of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a,perrnit to sell Cigaret- tes and Cigarette Papers within said City. Mnio Oil Company Big "10" Mart 2100 J.F. Kennedy Rd. Joseph E. Rosia The Kegger Beer Store 3412 Pennsylvania Avenue Passed, adopted and approved this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Mmming. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- None. RESOLUTION NO. 75-87 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- cupled 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 Gerald Klrchberg Cubby Bear 3203 Jackson St. Regal of Iowa, Inc. Godfather's Pizza 1575 J.F.K. Rd. (Also Sunday Sales) CLASS "C" BEER PERMIT William F. Dunne Dunne Conoco 54 Locust Street (Also Sunday Sales) Earl Edmund Schumacher Oky Doky Foods #5 2204 Central Ave. (Also Sunday Sales) Will Co., Inc. Oky Doky Foods #10 805 W. 5th St. (Also Sunday Sales) Molo O11 Company (New) Big "10" Mart 2100 J.F.K. Road (Also Sunday Sales) Richard Bruce Van Gordon (New) Vange Amoco 205 Locust Street (Also Sunday Sales) CLASS "E" BEER PERMIT Miller-Nell, Inc. (New) Ruegnitz Drug 1920 Elm Street (Also Sunday Sales) Joseph E. Rosio (New) The Kegger Beer Store 3412 Pennsylvania Avenue (Also Sunday Sales) Passed, adopted and approved this 16th day of March, 1987. 144 Regular Session James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the gollowing vote: Yeas--Mayer Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. RESOLUTION NO. 76-87 WHEREAS, Application 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 RESOLVED by the City Council of the City of Dubuque, Iowa, that the Man0ger be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Historical Improvement Co. Red Stone Inn 504 Bluff Street (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Orin P. Johnson Bottom's Up 1602 Central Avenue Fraternal Order of Eagles #568 1175 Century Drive (Also Sunday Sales) John W. Noonan Noonan's Tavern 1618 Central Ave. (Also Sunday Sales) K C & S Co., Inc. Five Flags 4th and Main Street (Also Sunday Sales) CLASS "C" (SPECIAL) BEER AND WINE LICENSE March 1,___.~6, 1987 David F. & Joanna K. Oberbroeckllng Mr. Steak #121 2660 Dodge Street (Also Sunday Sales) Passed, adopted and approved this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Printed Council Proceedings for the month of Derendier, 1986, for Council ap- proval presented and read. Council Member Manning moved that the proceedings be approved as printed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluasner, Krieg, Krunfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Airport Comm. of 2-3 & 2-17; Cable TV Regulatory Comm. of 2-11; Dubuque In- Future, Inc., of 12-29-86, 2-25-87 & 3-9; Five Flags Comm. of 2-16; Historic Preservation Cormn. of 2-11 & 2-24; Housing Code Appeals Bd. of 2-25; Hans- ing Cede Review Conun. of 1-28, 2-9, 2-18 & 2-25; Housing Comm. of 1-27; Mechanical Bd. of 2-19; Park & Recrea- tion Cunnn, of 2-10, 2-19; Planning & Zoning Comm. of 2-4, 18 & 3-4; Police Retirement Bd. of 2-24; Public Library of 2-24; Zoning Bd. of Adjustment of 2-10 & 2-26, presented and read. Council Member Manning moved that the minutes be received and flied. Second- ed by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch. Klues- net, Krieg, Kronfeldt. Manning, Simon. Nays--None. Park & Recreation Commission minutes of February 24. 1987. were presented and read. Council Meraber Kronfeldt moved tlmt Regular Session the minutes be received and filed. Second- ed by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ner, Krieg, Kconfetdt, Manning, Simon. Nays--None. NOTICE OF CLAIMS AND SUITS: Mrs. Jeannette Agnitsch in amt. of $242.06 for vehicle damages; Kathy Brown in est. amt. of $36.95 for car damages; Ted Erickson in amt. of $115.67 for property damages; Patrick Green in amt. of $602.00 for property damages; Mrs. Cecil Webster in amt. of $20 for vehicle damages, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Dubuque County Board of Supervisors requesting comments, if any, regarding nominating for possible designation of the Old Jail as a National Historic Land- mark, presented and read. Council Member, Manning moved that the communication be received and fried and supported request (authorized Mayor's signature). Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ktieg, Kronfeldt, Manning, Simon. Nays-- None. Communication of Harold McMahon recommending solution to providing safer access to and egress from the park- lng lot north of the building at 300 North Grandview Ave., presented and read. Council Member Manning moved that the communication be referred to the Ci- ty Manager. Seconded by Council Member Kronfeldt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Communication of Richard J. & Alice It. Kelly requesting vacating the alley located along the westerly boundary of March 16, 1987 145 the property known as Lot 60 in Ham's Addition, presented and read. Council Member Manning moved that the communication be referred to the City Manager for investigation and report. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Carnegie Stout Public Library Board of Trustees submit- ting comments regarding concerns pressed at the Budget Sessions, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Dubuque Jayceee, $75 on unexpired Beer Permit; Randall's International, Inc., $25 on unexpired Cigarette License and C.L. Swanson Corp., $25 on unexpired Cigarette License, presented and read. Council Member Manning moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring Resolution which authorized a re~ quest for release of CDBG funds for the Dubuque Star Brewing Co., presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the renewing vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 77-87 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR 146 Regular Session March 16, 1987 CERTAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PROJECTS WHEREAS, the City of Dubuque, Iowa, in conformance with the Envi- ronmental Review Procedures for the Community Development Block Grant Program, convened an Ad Hoc Commit- tee on January 28, 1987, which completed an environmental assessment of the following: Dubuque Star Brewing Company Economic Development Project and WHEREAS, pursuant to Resolution No. 57-87, adopted February 16, 1987, public notice of a "Finding of No Signifi- cant Effect on the Environment" for the above projects was published February 17. 1987, in the Dubuque Telegraph Herald, a newspaper of general circuin- tion, and provided for a public comment period until 12:00 Noon on Monday, March 6, 1987; and WHEREAS, public notice of a "Fin- ding of No Significant Effect on the En- vironment'' for the above projects was sent by regular mail to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be appropriate to receive such a public WHEREAS, any and all objections, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the Ci- ty Council to authorize the submission of a request to the U.S. Department of Housing 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 Environmental Review Record for the projects shall con- tinue to remain on file in the Office of the City Clerk where said record may be ex- amined and copied by any interested party. Section 2. That the Mayor nf the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- merit a request for release of funds to undertake the said projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a responsi- ble federal official under the National En- vlronmental 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 environmen- tal reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authoriz- ed and directed to execute a certification pertalaing to the environmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds in the form of P~blic Notice attached hereto and made a part thereof. Passed, approved and adopted this 16th days of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis C~ty Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Me, tubers Delch, Kluoener, Krleg, Kronfeldt, Manning, Simon. Nays-- None. Petition of Attorney David F. Setter on behalf of Jald-Wen Fiber Products, Inc., requesting a refund which was paid for the Industrial Development Revenue Bonds procedure; however, bonds were never issued, presented and read. Council Member Manning moved that the request be approved in the amount of $3,400 and Finance Director to issue the proper check. Seconded by Council Member Krovfeldt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. proofs of publication, on Notice of Finding of No Sig~ficant Effect on the Environment for the Dubuque Star Brewing Co. Project; Notice that a copy of the Grantee Performance Report to HUD is on file in various places; List of claims paid for the month of January, 1987, presented and read. Council Member Manning moved that proofs be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Meinbers Deich, gluesuer, Krieg, Kronfeldt, Manning, Simon. Nays-- None· Communication of Michael Budde, Mayor of the City of Asbury, requesting to place destination signing for their Ci- ty at the intersection of Highway 20 and the Northwest Arterial as well as at the intersection of the Northwest Arterial and Asbury Read, presented and read. Council Member Iv/arming moved that the communication be referred to the City Manager. Seconded by Council Member Kronfeldt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Kring, Krenfaldt, Manning, Simon. Nays-- None. Petitions of Lisa Bublitz, Nicole Chaloupka, Roe Lynn Klass, Amanda · McClain, Matt Herbet, Karl Juno, Jason Meyer and Angle Boots requesting to keep Municipal Pool open, presented and read. Council Member Kronfeldt moved that the petitions be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Kcieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel Lindahl again recommending March 16, 1987 147 denial of claim of Alice Eberhart, presented and read. Council Member Manning moved that the communication be received and filed and approved denial. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays-- None. Communication of Corporation Counsel Lindald recommending denial of sewer back-up claim of Daniel Avenarius; Car damage claim of J. Thomas Zaber; Car damage claim of Dennis Miller, presented and read. Council Member Manning moved that the communications be received and fil- ed and denials approved. Seconded by Council Member Krunfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deice Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- ~!one. Communication of Corporation Counsel Lindahl recommending set- tien~ents of tar damage claim of Peggy Dalen in amt. of $15.60; tar damage claim of Robert C. Juergens in amt. of $24.96, presented and read. Council Member Manning moved that the settlements be approved and Finance Director to issue the proper checks. Seconded by Council Member Krenfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of planning & Zoning Commission approving final plat for repintting of Block 8 in Arbor Oaks located east of Old Country Lane and containing Castalwoeds Lane, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesnar, Krieg, Krunfeldt, Manning, Simon. Nays--None. 148 Regular Session March 16, 1987 RESOLUTION NO. ~7 RESOLUTION APPROVING THE REPLATTING OF BLOCK 8 IN AR- BOR OAKS IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there had been approved by the City Council a final plat of Block 8 in Arbor Oaks in the City of Dubuque, Iowa, on July 16, 1979, by Resolution No. 191-79; and WHEREAS, said final plat of Block 8 of Arbor Oaks has been recorded in the office of the Dubuque County Recorder on August 31, 1979, by Instrument #7750-79; and WHEREAS, there has been fried with the City Clerk a replatting of Block 8 in Arbor Oaks in the City of Dubuque, Iowa; and WHEREAS, upon said replatting ap- pears street to be known as Castelwcods Lane, together with certain public utili- ty easements which the Owners by said plat have dedicated to the public forever and WHEREAS, said replatting has been examined by the City Planning and Zon- ing Commission and had its approval en- darsed thereon; and WHEREAS, said replatting has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade or paving, sewer or water installed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Castelwcods Lane, together with the eaSements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the replatting of Block 8 in Arbor Oaks in the City of Dubuque, Iowa, be and the same is hereby approv- ed and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubu- que, Iowa, upon said plat, provided the owners of said proper~y herein named, ex- ecute their written acceptance hereto at- tached agreeing: (a) To reduce Castelwoeds Lane to grade and to construct concrete curb and gutter and hard surface and pave with bituminous concrete, or with concrete roving with integral curb, all in accor- dance with City of Dubuque standard specifications; (b) To improve the temporary easement "A" as a temporary turn around with a 30' radius with 8" of basestane and 2~A'' of asphalt surfacing, at the same time as Castelwoods Lane is improved; (c) To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; (d) To install water mains and water service laterals in accordance with plans submitted with the plat; (e) To install storm sewers and catch- basins in accordance with plans submit- ted with the plat; (f) To install concrete sidewalks as re- qnired by Ord/nances, and where directed by the City Engineer and the City Manager; (g) To install boulevard street lighting n accordance with City specifications; (h) To construct tbe foregoing im- provements in accordance with the plans and specifications approved by the City Manager, under the inspectian of the City Engineer, and hi a manner approved by the City Manager; (i) To construct said improvements, ex- copt sidewalks, prior to one year from the date of acceptance of this Recolutian; (j) To inalntain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; (k) To provide the foregoing construc- tion and maintenance at the sole expense of the subdivider. Iowa-NarthwesTern Development Company, or future owner: Regular Sessior And further provided that Iowa- Northwestern Development Company, as owners of said subdivision, secure the performance of the foregoing canditions by providing security in such form and with such sureties as may be accceptable to the City Manager. Section 3. That in the event the owner shall fall to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval of the plat shall not be effective. Section 4. That this Resolution re- scinds and replaces Resolution # 191-79. Passed, approved and adopted this 16th day of March, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OFRESOLUTION NO. 78.87 I, James A. Schwers, president of Iowa- Northwestern Devqlopment Company, having read the terms and conditions of the Resolution No. 78-87 and being famih'ar with the conditions thereot hereby eceept the same and agree to the conditions required therein. Dated at Dubuque, Iowa, this 23 day of March, 1987. Iowa-Northwestern Development Co. By James A. Schwers, President To: Mary A. Davis City Clerk This is to certify that the security pro- vided by foregoing RESOLUTION No. 78-87 has been furnished by the owners. Dated at Dubuque, Iowa, this 30th day of April, 1987. W. Kenneth Gearhart City Manager March 16, 1987 149 Council Member Manning moved adoption of the Resolution. Seconded by ~anncil Member Kronfaidt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Communication of Planning and Zan- lng Commission approving final plat of Westercomp Place located north of North Cascade Road in Dubuque County, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kinesner, Krieg, Kronfeldt, Manning, ~Siman. Nays--None. RESOLUTION NO. 79-87 RESOLUTION APPROVING THE FINAL PLAT OF LOT 1 AND LOT 2 OF WESTERCAMP PLACE IN SECTION 3, TABLE MOUND TOWNSHIP, DUBUQUE COUNTY, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Lot 1 and Lot 2 of Wastercamp Place in Section 3, Table Mound Township, Dubuque Coun- ty, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that Lot 2 does not have public street frontage; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the condition that Lot 2 cannot be further developed without a public street access; and WHEREAS, said final plat has b~en examined by the City Council and they find the same conforms to the statutes and ordinances relating thereto, except that Lot 2 does not have public street frontage; and WHEREAS, the City Council concurs in the conditions of approval establish- 152 Regular Session March 16, 1987 specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; (g) to construct said improvements prior to one (1) year from the date of ceptance of tins Resolution; (h) to maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; and (i) to provide the foregoing construction and maintenance at the sole expense of the Subdivider, Hawkeye Development, or future owner; and further provided that Hawkeye Development, as owner of said Subdivi- sion, secure the performance of the forege'mg conditions by providing secur- ity in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event that the owner shall fail to execute the acceptance and furnish the security provided for in Section I hereof witinn forty-five (45) days after the date of tins Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Section 4. That this Resolution rescinds and replaces Resolution No. 55-87. Passed, approved and adopted tins 16th day of March, 1987. James E, Brady Mayer ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 81-87 I, Bernard Hefel, of Hawkeye Develop- ment, a partnersinp, having read the terms and conditions of the foregoing Resolution No. 81-87 and being familiar with the conditions thereof, hereby ac- cept the same and agree to the condi- tions thereof. Dated at Dubuque, Iowa, tins 16th day of March, 1987. HAWKEYE DEVELOPMENT A PARTNERSHIP By: s/Bernard Hefel TO: Mary A. Davis City Clerk This is to certify that the security pro- vided by the foregoing Resolution No. 81-87 has been furnished by the ovnrer. Dated at Dubuque, Iowa, tins 6th day of April, 1987. s/W. Kenneth Gearhart City Manager Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, K]uesuer, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Communication of Advisory Council on Historic Preservation advising of the acceptance of Community Development Block Grant Rental Rehabilitation Pro- gramming Agreement, presented read. Counc'd Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager repe~ ting to Council concerning the efforts of Dubuque In-Future, Inc., to list the Market Place Dubuque property for sale, presented/md read. Counsel Member Kluesuer moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Counc'd Members Delch. Kluesner. Kriag, Kronfeldt. Manning, Simon. Nays--None. Regular Session Communication of Finance Director forwarding a list of outstanding Council Travel advances, as of February 28, 1987, as required by Resolution No. 27-86, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager re- questing authorization to sign the con- tract with Helle, Klosterman & Co. to perform the annual audit services for the Fiscal Years ending June 30, 1987, and June 30, 1988, presented and read· Council Member Manning moved that the communication be received and filed and City Manager authorized to execute contract· Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Corporation Coun- sel Lindahl and Assistant City Attorney O'Brien advising of ruling handed down in the case of the City vs. Group W. presented and rea~. Counc'd Member Manning moved that the communication he received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, Nays--None. Communication of City Manager sub- mitt'rog Financiai Reports for the month of February, 1987, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kluesuer, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Ice Harbor Plarm- ing Group advising of their support for the concept of co-locating the National Rivers Hall of Fame and reconfirming March 16, 1987 153 their support for the Third Street Over- pass Plan, presented and read. Council Member Manning moved that the communication he received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Klueaner, Kriag, Kronfaldt, Manning, Simon. Nays--None. Communication of letter from Mayor Brady to State Representative Connol- ly advising of excitement of the possibil- ity of Dubuque's continuing role as the leader in Iowa Tourist Development, presented and read. Council Member Manning moved that the letter be received and filed. Second- ed by Coungll Member Kcenfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- her, Kriag, Kronfaidt, Manning, Simon. Nays--None. Communication of Corporation Coun- sel Lindahl recommending denial of water back-up claim of Mrs. James A. Hall, presented and read. Council Member Manning moved that the communication be received and filed and denial approved. Seconded by Coun- cil Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays-- None. Communication of Corporation Coun- sel Lindakl advising of closure of proper- ty damage claims for the following: CT Apts., Edward Lutgen, Ken Plowman, Robert T. Donner, M.D. Guenther, Ron- aid Coates, Robert McCarron, Serenus Manders, Ken Arensdorf, Mrs. Cecil Webster and Water Main Break claim of Ted Erickson, presented and read. Council Member Manning moved that the communication be received and filed and approved closures. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. City Manager submitted the Adopted Budget Materials for the Fiscal Year 154 Regular SessiOn March 16, 1987 1988, presented and read· Council Member Manning moved that the documents be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business, Court- cfi Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Meeting adjourned at 11:47 p.m. Mary A. Davis~ City Cleck Approved __1987 Adopted 1987 Mayor Council Members ATTEST: City Clerk Regular Session, A~pril 6, CITY COUNCIL OFFICIAL Regular Session, April 6, 1987 Council met at 7:30 o'clock p.m., in the Pubilc Library Auditorium Present -- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Ke~meth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Mayor Brady read the cail and stated that this meeting is the REGULAR MEETING of the City Council cai[ed for the purpose to act upon such business which may properly come before the Council. Invocation was given by Bishop Den- nis M~nhart of the Church of Jesus Christ of Latter Day Saints. PROCLAMATIONS: April 11 tlu-u 18 as "Community Development Week" received by Jim Burke; April 26 thru May 2 as "National Volunteer Week" received by Sue Houllhan; April 5 thru 11 as "Boys Club Week". Council Member Kluesner moved to suspend the rules to les anyone present address the Council if they so desire Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deick Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of Pubilcation, certified to by the publisher, on Notice of Public Hearing to consider reclassifying property east of J.F. Kermedy Road and south of the Fire Station from R-3 to &2 District AND Petition of Delos Dorwsiler requesting his property at 2105 Kennedy Road be re- zoned to C-2 District, presented and read. Council Member Kluesner moved that the proof and petition be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Brendan Quann~ Attorney, requested favorable consideration of the zoning. 1987 155 ORDINANCE NO. 234~7 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLAS- SIFYING HEREINAFTER DE- SCRIBED PROPERTY EAST OF J.F. KENNEDY ROAD AND SOUTH OF THE FIRE STATION FROM R-3 MULTI-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING DISTRICT, said Ordinance having been presented and read at the Council Meeting of March 16, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 23~87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLAS- SIFYING HEREINAFTER DE- SCRIBED PROPERTY EAST OF J.F. KENNEDY ROAD AND SOUTH OF THE FIRE STATION FROM R-3 MULTI-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, 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 and Zoning Map of the City of Dubuque, Iowa", by reclassifying hereinafter described property from "R-3 Multi- Family Residential District" to "C~2 Neighborhood Shopping Center Dis- trict'', to wit: Lot 2 of Lot 2 of Asbury Spring Sub- division No. 5 in the City of Dubuque, Iowa.