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1987 April Council Proceedings154 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, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. The~ being no further business, Coun- cil Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 11:47 p.m. Mary A. Davis City Clerk Approved __1987 Adopted 1987 Mayor Council Members ATTEST: City Clerk Regular Session, April 6, CITY COUNCIL OFFICIAL Regular Session, April 6, 1987 Council met at 7:30 o'clock p.m.. in the Public Library Auditorium Present -- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Mayor Brady read the call and stated that this meeting is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properiy come before the Council. Invocation was given by Bishop Den- nfs M~nhart of the Church of Jesus Christ of Latter Day Saints. PROCLAMATIONS: April 11 thru 18 as "Community Development Week" received by Jim Burke; April 26 thru May 2 as "National Volunteer Week" received by Sue Houlihan; April 5 thru 11 as "Boys Club Week". Council Member Kluesner moved to suspend the rules to let anyone present address the Cou~hil if they so desire Seconded by Council Member Simon. Carried by the following vote: Ye~s-- Mayor Brady, Council Members Deich, Khiesner, Krieg, Kro~ffeldt, Manning, Simon. Nays--None. Proof of Publication, certified to by the publisher, on Notice of Public Hearing to consider reclassifying property east of J.F. Kennedy Road and south of the Fire Station from R-3 to C-2 District AND Petition of Delos Dorweiler 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, Kluesrer, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Brendau Quann~ Attorney, requested favorable consideration of the zoning. 1987 155 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 DISTRICT, soid 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 ?HAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS [~HE "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 Cen~r Dis- trict", to wit: Lot 2 of Lot 2 of Asbury Spring Sub- division No. 5 in ~he City of Dubuque, Iowa. 156 Regular Session, April 6, 1987 Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of April, 1987. Mary A. Davis City Clerk It 4/14 Council Member Kluesner moved final adoption of the Ordinance. 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 City Manager responding to a request by Richard and Alice Kelly to vacate a portion of the City alley south of Farragut Street and west of Kerper Boulevard and requesting Public Hearing be set for disposal and sale of the property, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kluesner, Kriag, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 82-87 RESOLUTION APPROVING PLAT OF A VACATED PORTION OF THE ALLEY SOUTH OF FA~ RAGUT STREET AND WEST OF KERPER BOULEVARD WHEREAS, there has been presented to the City Council of the City of Du- buque, Iowa, a plat dated February 24, 1987 prepared by Barrels and Byrne Engineering Company, Dubuque, Iowa, describing the vacated portion of the alley south of Farragut Street and west of Kerper Boulevard; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW. THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the plat dated Februory 24, 1987, prepared by Bartels and Byrne Engineering Company relative to the real estate hereinabove described be and the same is hereby approved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed. approved and adopted this 6th day of April, 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. An ORDINANCE vacating a portion of the AHey south of Farragut Street and west of Kerper Boulevard, presented and read. Council Member Kronfeldt moved that this be considered the first reading of the Ordirmnce, and that the requirement tJaat a proppsed Ordinance be considered and voted on for passage at two counc'fl meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- lng be held on the proposed Ordinance on the 20th 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 Counc'fl Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Regular Session April 6, 1987 157 Kronfeldt, Manning, Simon. Nays-- None. Communication of City Manager sub- mitting a Resolution approving the disposition of two (2) City owned pieces of property (one parcel at intersection of 4th and White and the other on Kerr]gan Read) to the Iowa DOT to be used for the Highway 61 Project and directing notice to be published, presented and read. Council Member Kronfeldt moved that the communication be recejyad and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kluesner, Kriag, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 83-87 RESOLUTION FOR THE INTEN- TIONS OF DISPOSITION OF CITY OWNED PROPERTY TO THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the Iowa Department of Transportation and the City of Dubuque, Iowa have entered into an agreement for freeway 561/Relocatod 61 agreement identified as 73-P-024 and executed by the City and the Iowa Department of Trausporation on March 6 and April 4, 1973, respectively; o~hd WHEREAS, provisions of this agree- ment are that tho City shall be responsi- ble for providing without cost to the State all right-of-way which involves: (a) dedicated streets or alleys; (b) other City owned property subject to the con- dition that the State shall reimburse the City for the value of the improvements situated on such City owned property; and WHEREAS, the Iowa Department of Transportation bas requested the City to deed the foilowing two pieces of proper- ty to them for the Relocated 61 Project. These parcels are identified as follows: 1. Lot 2A of 3 of Subdivision of Lot 304 and Lot 2 of Subdivision of the South half of Lot 305, according to the record- ed plat of said respective subdivisions in the City of Dubuque, Iowa, Dubuque County. 2. Lot 47 of the Subdivision of Mineral Lot 39; Lot 1 of Lot 19, and Lot 16 of Randall's Subdivision No. 2 in the City of Dubuque, Iowa, Dubuque County; and WHEREAS, there ave no improve- ments on these pieces of property so con- sequently there will be no exchange of money and the property will be deeded to the Iowa Department of Transporta- tion in recognition of mutual benefit and where all existing easements of records shall remain in effect or be subject to relocation as outlined in project agree- ment #73-P-024. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: S ectlon 1. The City of Dubuque intends to dispose of its interest in the above described real estate to the Iowa Depart- ment of Transportation and in considera- tion of the mutual benefits of both parties. Section 2. That all existing easements of record shall remain in effect or be sub- ject to relocation as outlined in Project Agreement #73-P-024. Section 3. That the City Clerk be and she is hereby authorized and directed to cause a notice to be published as pre- scribed under Chapter 364.7 - Disposal of Property - Code of Iowa, 1985, or as amended. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolulf~on, set~Ymg Public Hearing on this for April 20, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice of the hearing in the manner prescribed by law. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriag, Kronfeldt, Man- ning, Simon. Nays--None. 158 Regular Session, April 6, 1987 Communication of City Manager per- raining to a revised Lease Agreement with Robert's River Rides, Inc., AND a Resolution providing for a Public Hear- ing on City's intent to modify the Lease with Robert's River Rides, Inc.. pre- sented and read. Council Member Kronfaldt moved that the communication and Resalution be deferred to a later date. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays-- None. Communication of Planning and Zon- ing Conunissinn approving final plats of Subdivision of Lot 1 of 2 of 1 of Block 8 Riverfront Subdivision No. 3 and final plat of Lots i thru 6 Lake Peosta Sub- division, presented and read. Council Member Kronfeldt moved that the communication be reccived and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Ktieg, Kronfcidt, Manning, Simon. Nays--None. RESOLUTION 84-87 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUB- DIVISION OF LOT 1-2-1 BLOCK 8 RIVERFRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 1-2-1 Block 8 Riverfront Sub- division No. 3 in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been exmnined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the final plat of the Subdivision of Lot 1-2-1 of Block 8 River- front Subdivision No. 8 in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved aud adopted tins 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Klueaner, Krieg, Kronfeldt, Marming, Simon. Nays-- None. RESOLUTION ~-87 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-6 LAKE PEOSTA SUBDIVISION IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of Lots 1-6 Lake Peosta Subdivision in the City of Dubuque, Iowa; and WHEREAS, said final plat ha~s been examined by the City Plmming and Zen- lng Commission and had its approval en- dsrsed thereon; and WHEREAS, said plat has been ex. amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lots 1-6 Lake Peosta Subdivision in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the Regular Session, April 6, 1987 159 City of Dubuque, Iowa, upon said final plat. . Passed, approved and adopted tins 6th day of April, '1987. James E. Brady Mayor A~[~EST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resalution~ Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members DeicK Klueener, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Communication of City Manager per- talning to the sale of a portion of City right-of-way adjacent to 2010 Kerper Boulevard (Lot 6 of Lake Peosto Subdivi- sion) to Bieciner Electric, Inc, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 86-87 RESOLUTION DISPOSING OF CITY INTEREST OF PROPERTY IDENTIFIED AS LOT 6 LAKE PEOSTA SUBDIVISION, DUBUQUE, IOWA WHEREAS, Biechler Electric, Inc., has interest in acquiring a por~ion of City owned tight-of-way adjacent to the former Rowley Interstate building located at 2010 Kerpcr Boulevard; and WHEREAS,~a plat has been prepared by IIW Asscciates, P.C. on which plat is identifying this property as Lot 6 in Lake Peosta Subdivision in the City of Dubuque, Iowa; and WHEREAS, tins Lot 6 represents square footage of 12,787.27 square feet; and WHEREAS, Biec!dar Electric, Inc., is owner of LOt 1 of Lake Peosta Subdivi- sion, tins lot representing 26,072.19 square feet; and WHEREAS, Blachler Electric, Inc., is willing to exchange and de~d to the City of Dubuque, Lot 1 in exchange for Lot 6 on the premises that Bieciner Electric, Inc., would have right of refusal to put- chase Lot i should the City of Dubuque plan to dispose in the future this proper- ty at then prevailing prices. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 6 of Lake Peosta Subdivision in the City of Dubuque, Iowa. Section 2. That the City of Dubuque in consideration of the disposal of Lot 6 is willing to accept in exchange by receipt of a Warranty Deed, Lot 1 in Lake Peosta Subdivision in the City of Du- buque, Iowa on the condition that Biechler Elactric, Inc., or its successors would have right of first refusal in the ac- quisition of tins property should the City of Dubuque elect to dispose of it at the then prevailing prices. Section 3. That purchaser, Bieetfler Electric, Inc., shall be responsible for all platting, publishing and recording costs. Section 4. That aH existing easements of record shall remain in effect on Lot 6 and Lot 1. Section 5. That the City Clerk be and is hereby authorized to direct and cause a notice to be published as prescribed under Chapter 364.7 - Disposal of Proper- ty - Code of Iowa, 1985, or as amended. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfaldt moved adoption of the Resolution, setUmg it for Public Hearing on April 20, 1987 at 7:30 160 Regular Session, April 6, 1987 p.m. in the Public Libary 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 Dalch, Kluesner, Krieg, Kronfaidt, Manning, Simon. Nays-- None. Proof of Publication, certified to by the Publisher, on Notice of Sale of $5,500,000, City of Dubuque General Obligation Bonds, presented and read. Council Member Kluesner moved that the proof be received and filed. Second- ed by Counc'd Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, .Simon. Nays-- None. April 6, 1987 The Honorable James E. Brady, Mayor and Members of the City Council City Hall Dubuque, Iowa 52001 Council Members: Bids were received today covering $5,500,000 City of Dubuque, Iowa, General Obligation Bonds. There were eight bids received which are listed at the bottom of this letter in accordance with the attached signed bids. Upon examination, it is our opinion that the bid of Clayton Brown & Associates is the best bid received, and it is further our opinion that it is favorable to the City and should be ac- cepted. We therefore recommend that the bonds be awarded to that bidder at a price of $5,445,012.59 and accrued in- terest, being at a net interest rate of 6.5101%. Respectfully submitted SPEER FINANCIAL, INC. Richard A. Pavia President Council Member Kluesner moved that the communication be received and filed and that it be made a matter of record. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady. Council Members Deich, Kluesner. Krieg, Kronfeldt, Manning, Simon. Nays--None, RESOLUTION NO. 87-87 RESOLUTION DIRECTING SALE OF$5,5~,0~ ESSENTIAL CO~ PORATE PURPOSE GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as re- quired by law, bids have been received at public sale for the bonds described as follows and the best bid received is deter- mined to be the following: $5,500,000ESSENTIAL CO~ PORATEpURPOSE GENERAL OBLIGATION BONDS: Bidder: Clayton Brown & Associates, Inc. of Chicago, IL the terms of said bid being: Total Interest ....... $4,586,658.43 Plus Discount ........... 54,987.41 Net Interest Cost .... $4,641,645.84 Net Interest Rate ........ 6.5101% Regular Session~ April 6, 1987 161 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid re calved and, said bonds are hereby award- ed based on said bid. Section 2. That the statement of infor- mation for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bends heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed and approved this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Ye,~s--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. ORDINANACE NO. 24-87 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 VEHICLE TAX, said Ordinance having been presented and read at the Council Meeting of March 16, 1987, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 24-87 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 VEHICLE TAX 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 33-120 thereof as follows: ARTICLE VII. LOCAL VEHICLE TAX "Sec. 33-120. Intent and purpose. la) The proceeds of the locai vehicle tax shall be applied in its entirety to the elimination of the assessible portion to property owners of the cost of the rehabilitation and/or reconstruction of streets in the annual street program of the City. (b) It shall be uniawinl for the City Council to divert any of the proceeds of the local vehicle tax for any purpose other than specified in Subsection (a) of this section." Section 2. That this Ordinance shall take effect from and after the date the ,lectorate of Dubuque County, Iowa, voting on the question favor imposition of a local vehicle tax. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of ApFfl, 1987. Mary A. Davis City Clerk It 4114 Council Member Kronfeldt moved that the requirement that a proposed Or- dinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further mov- ed final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Coundfl Members Deich, Kluesner, lC-leg, Kronfeldt, Manning, Simon. Nays-- Mayor Brady. 162 Regular Session, April 6, 1987 Proof of Publication, on Notice of Discussion of 3rd Street Overpass AND Communication of Chamber of Com- merce going on record as supporting of the 3rd Street Overpass and Commuinca- tion of City Manager requesting citizen input relative to the proposed 3rd Street Overpass and l~questlng Council decision as to the Overpass and inclusion of specific proposed amenities, presented and read. Council Member Kluesner moved that t.he proof and communications be received and filed. Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Kluesner, Krieg, Simon. Nays-- Council Members Kronfcidt, Manning. RESOLUTION NO. 88-87 AFFIRMATION FOR CONSTRUC- TION OF 3RD STREET OVERPASS WHEREAS. the Iowa Department of Transportation has incorporated the con- struction of the 3rd Street Overpass in the Relocated 61 Project; and WHEREAS, there has been many posit~ons presented relative to the impor- tance of tbe facility for the economic develepment of the 4th Street exea; and WHEREAS, the Council has provid- ed an opportunity for citizen input relative to the community's opinion of the 3rd Street Overpass in order to have a documented assessment of its need and merits. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council af- firms and supports the construction of the 3rd Street Overpass as an element of the Relocated 61 Project. Section 2. That a copy of tins Resohi- tion be forwarded to the Iowa Depart- ment of Trauspoc~ation as evidence of the City's desire and support for this im- provement and requesting the Iowa Department of Transportation to proceed with the design and construction of this facility. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluasner moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Simon. Nays--Council Members Krun- faldt, Manning. Council recessed at 9:00 p.m. Council reconvened at 9:15 p.m. Commuincation of Attorney Dave Set- ter. on behaff of Lyle Whalen, requesting consent to a proposed agreement for water frontage use between Dubuque Yacht Basin, Inc., and Big River Boat Co., presented and read. Council Member Kluesner moved that the communication be received and filed and approved subject to transmittal from Dubuque Yacht Basin, Inc., within one week. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Khiesner, Krleg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Corporation Coun- sel recommending denial of sewer back- up claim of Marian Walsh; Conmminca- tion of Attorney Brendan Quann re- questing to speak on behalf of Marion Walsh relative to proposed denial of sewer cisim, presented and read. Council Member SLman moved that the communications be received and filed. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dsich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Council Member Kluesner moved that they deny the claim. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich~ IGuasner, Krieg, Kronfaldt, Manning, Sinaon. Nays-- None. Regular Session, April 6, 1987 163 Communication of City Manager sub- mitring his recommendation regarding the financing of the Fire Assn. Arbitra- tion Award, presented and read. Council Member Kluesner moved that they receive and file the communication and approve the recommendation to delay filling the vacant firefighter posi- tions until July 1st and lengthen the am- buinnce replacement schedule from three years to four years. Seconded by Coun- cil Member Kronfeldt~ Carried by the following vote: Yeas--Council Members Dcich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--Mayor Brady. RESOLUTION NO. 89.87 ABOLISHING ONE FIREFIGHTER POSITION WHEREAS, in August, 1986, the Dubuque City Council adopted the Fiscal Year 1988 Budget Guidelines which prc~ vided, in part. that salary increases over the budgeted amount be financed within the department of the benefitting employees; and WHEREAS, an arbitrator's award entered on March 19, 1987, provides a Fiscal Year 1988 wage package for all employees represented by the Dubuque Professional Fire'fighters Association that will exceed the Fiscal Year 1988 budget for the Fire Department by ap- proximately $3L500 in the General Fund. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That one (1) firefighter posi- tion be and is hereby abolished effective April 7, 1987, which reduces the bud- geted complement for the classification of firefightor from thirty (30) to twenty- nine (29) positions. Section 2. That this resolution shall serve as certification as required by Chapter 400 of the Code of Iowa to the Civil Service Commission of the City of Dubuque to abolish one (1) firefightor position and that the City Clerk is hereby authorized and directed to provide a cer- tified copy of this resolution to the Civil Service Commission. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner ~noved adop- tion of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays-- Mayor Brady. Communication of Rick Krueger of Tbenno-King, Inc., requesting to speak concerning his request to purchase City property at the corner of 16th and Kerpor Boulevard presented and read. Mr. Krueger spoke to the communication. Council Member Kluesner moved that the communication be received and filed and referred to Staff for further con- sideration and report back at the next meeting. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. Communication of City Manager sub- ~nitting two resolutions and a Loan Agreement authorizing an $80,000,000 CD Block Grant Loan Agreement with F.H. Uehier Precision Tools & Dies, Inc., and authorizing the filing of a Commun- ity Economic Betterment Account Pro- gram Application on behalf of the F.H. Uelner Precision Tools and Dies, Inc., presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Klues- ncr, Krleg, Kronfaidt, Manning, Simon. Nays--None. RESOLUTION NO. 90-87 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT AC- COUNT PROGRAM APPLICATION ON BEHALF OF THE F.H. 164 UELNER PRECISION TOOLS AND DIES, INC. Regular Session, April 6, 1987 Kronfeldt, Manning, Simon. Nays-- None. WHEREAS, the F.H. Ueiner Precision Tools and Dies, Inc., is a local tool and die manufacturer and has proposed the relocation and expansion of its existing operations; and WHEREAS, the City Council has con- sidered said proposal and has determhmd that it will create high-skilled, well-paying local employment opportunities; and WHEREAS, the said proposal will enhance the strength of the State and the local economy by aiding an Iowa manufacturing firm which exports a growing share of its products out-of- state; and WHEREAS, the City of Dubuque is eligible to apply for funding from the Community Economic Betterment Ac- count Program as defined in House File 225, Acts of the 71st General Assembly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the filing of an applica- tion for participation in the Iowa Com- munity Economic Betterment Account Program in behalf of the F.H. Uelner Precision Tools and Dies, Inc., is approved. Section 2. That the City Manager is hereby authorized and directed to execute and submit said application to the State of Iowa Development Commission and other appropriate agencies together with such otber documents as may be required. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Communication of City Manager distributing the City Council Workses- sion Schedule, presented and read. 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 Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing approval for an increase in the General Progrmn Guidelines for the Com- munity Development Block Grant Homeowner Rehab Loans to $15,000 from the current $7,500 presented and read, Council Member Kluesner moved that the communication be received and filed and guidelines approved. Seconded by Council Member Simon. Carried by the fofiowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- None. BOARDS AND COMMISSIONS: DOCK BOARD: Two terms to expire 11-26-89 (Terms of A. Gourley and E. Ryan). Applicants: A. Ganrley, E. Ryan, W. Curfman. Vote was as follows: Mayor Brady voted for Ryan and Curfman; Council Member Dalch voted for Gourley and Curfman; Council Member Kluesner voted for Gourley and Curfman; Council Member Krieg voted for Ryan and Curl- man; Council Member Kronfeldt voted for Ryan and Curfman; Council Member Manning voted for Ryan and Curfman; Council Member Simon voted for Ryan and Curfman. Therefore. Ed Ryau and Walter Curfman appointed to the Dock Board fbr terms which will expire 11-26-89. MECHANICAL BOARD: Six Vacancies ENGINEER POSITION: Term to ex- pire 3-16-89, now filled by T. Walsh. Applicant: C. Marsden. Council Regular Session, April 6, Member Deich moved that Mr. Marsden be appointed as the Engineering Representative to the Mechanical Board. MOTION FAILED FOR LACK OF A SECOND. SHEET METAL CONTRACTOR POSITION: Term to expire 3-16-90, now filled by T. Geisler. Applicant: Mack Pat- terson. Consensus of Council ogreed that Mr. Mareden and Mr. Patterson are not eilgible for eppalntment as they live out- side the City limits, and that present in- dlviduals stay in the positions. pIPEFITTER POSITION: Term to ex- pire 3-16-88, now filled by F. Schwartz. Applicants: G. Hammel and F. Schwartz. Vote on the appointment was as follows: Yeas--Mayor Brady for Schwartz; Coun- cil Member Deich for Hammel; Council Member Kinesner for Schwartz; Council Member Krieg for Schwartz; Council Member Kronfeldt for Schwartz; Court- cfi Member Manning for Schwartz; Coun- cil Member Simon for Schwartz. There- fore, Frank Schwartz appointed to the Pipefitter position on the Mechanical Board with the term to expire 3-16-88. REFRIGERATION CONTRACTOR POSITION: i term which will expire 3-16-89, now filled by P. Brashaw. Ap. plicante: P. Brashaw and J. Borcbers. Mayor Brady vote~ for Brashaw, Court- cil Member Deich for Brashaw, Council Member Kluesner for Brashaw; Council Member Krieg for Borcbers; Council Member Manning for Botchers; Council Member Simon for Brashaw. Therefor( Paul S. Brashaw reappointed to a term to expire 3-16-89. REFRIGERATION WORKER POSI- TION: I term to expire 3-16-89, now filled by R. Bush. Applicants: J. Botchers and R. Bush.~ Mayor Brady voted for Bush; Council Member Deich for Bush; Coun- cil Member Kluesner for Bush; Council Member Krieg for Borcbers; Council Member Kronfeldt for Bush; Council Member Manning for Borcbers; Council Member Simon for Bush. Therefore Robert Bush reappointed to a term to ex- pire 3-16-89. SHEET METAL WORKER POSI- TION: Term to expire 3-16-90, now filled by C. Evauoff. Applicants: D. Grothe and M. Patterson. Council Member Kluesner 1987 165 moved that David Grothe be appointed to the term which will expire 3-16-90. Seconded by Council Member Deich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kines- ner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ZONING BOARD OF ADJUSTMENT: One five-year term to expire 3-25-92, term of C. Laltch. Applicants: D. Goodmann and C. Leitch. Mayor and all Council Members voted for C. Lcitch. RESOLUTION NO. 91-87 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law ralath~g ~o the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigaret- tes and Cigarette Papers within said City. Gerald C. Kirchberg (My-Cap Vendors) Cubby Bear Lounge 3203 Jackson St. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- None. RESOLUTION NO. 92-87 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- cupied by such applicants were inspected and found to comply with the Ordinances of the 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 166 Regular Session, April 6, 1987 be authorized to cause to be issued to the following named applicants a Beer Permit. CI~SS "C" BEER PERMIT Palmer Drug Company Palmer Drug Store 2600 Dodge (Also Sunday Sales) Sunshine Mart of Dubuque, Ltd. Sunshine Mart 430 Rhomberg (Also Sunday Sales) Wareco Systems of Iowa Wareco 700 Rhomberg (Also Sunday Sales) CLASS "B" BEER PERMIT Oak Ridge Athletics, Inc. Admiral Sheehy Drive (Also Sunday Sale) Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Counc'd Members Deich, Kluesner, Ktieg, Kronfaldt, Manning, Simon. Nays-- None. RESOLUTION NO. WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE. BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Judith A. Botsfurd Botsy's 1027 Rhomberg Dubuque First China, Inc. Yen Ching Restaurant 926 Main (Also Sunday Sales) Knights of Columbus Council #510 781 Locust (Also Sunday Sales) Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays-- None. MINUTES SUBMITTED: Airport Comm. of 3-3; Cable Community Tale- programming Comm. of 3-10; Cable TV Regulatory Comm.. of 3-11; Dubuque In Futuro. Inc., of 3-10; Electrical Examin- ing Board of 3-10; Fire Retirement Board of 3~19; Five Flags Comm. of 3-16; Historic Preservation Comm. of 3-12 and 3-24; Mechanical Board of 3-17; Park & Recreation Comm. of 3~10; Pabllc Library Board of 3-17; Transit Trustee Board of 3-12, presented and read. Council Member Manning moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Cyril Droessler, in unknown amount for personal losses; State Farm Insurance, on behalf of Wm. Fuerste, seeking subrogation claim in amount oI $206.72; Marie Miller, in amount of $5.92 for car damages; John Moore, submitting peti- tion to Quiet Title with Small Claims Regular Session, April 6, 1987 167 Court; Steven Neenan, in amount of $271.20 for truck damages~ Thomas Shaffer, individually and as next friend for Brian I. and Susan Shaffer, vs City of Dubuque et al in unknown amount for personal injuries; Terry Sprague, in est. amount of $963.78 for car damages; Dolores Timmerman, in unknown amount for personal injuries, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigutinn and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of John and Jackie Nelson submitting comments from last Counsil Meeting, presented and read. Council Member Manning moved that tho communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Randall's International, Inc., $150 on unexpired Beer Permit, presented and read. Council Member Manning moved that the refund be approved and Finance Director to issue the proper check. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Donna Smith, Chairperson of Dubuque County Board of Supervisors, advising DMATS Po]icy Committee, has recommended that the County and City explore the feasibility of submitting a. joint application for R.LS,E. funding for the Northwest Arterial Extension, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Iowa Department of Transportation advising of letting a Bridge Deck Overlay Project on Primary Road No. U.S. No. 20 on May 6, 1987, and Iowa Department of Transpertatinn advising of repair work on the bridge over the abaadoned CGW Railroad on the south leg of Iowa Highway 386 to begin March 30, 1987, presented and read. Council Member Manning moved that the notices be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Coun- sel recommending settlement of car damage claims of Gerald Muller in amount of $568.23 plus court costs in the amount of $17.60, presented and read. Council Member Manning moved that the communications be received and filed and settlements approved with Finance Director to issue proper check. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. prcoI of Publlcatinn, on Notice of In- tent to file a release of funds for the Dubuque Star Brewing Co. Economic Development Project; List of claims paid for month of February, 1987; Notice that a summary of the adopted City Budget showing the intended uses of General Revenue Sharing Funds are available for inspection for tho public, presented and read. Council Member Manning moved that the proofs be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfaldt, Manning, Sim~)n. Nays--None. Communication of HUD advising of receipt of copies of the audit for the City of Dubuque, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kluesner. 168 Regular Session April 6, 1987 Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Krleg, Kronfeldt, Maturing, Simon. Nays--None. Communication of Matt Devlin sub- matting Iris resignation from the Human Rights Commission, presented and read. Council Member Manning moved that the communication be received and filed and resignation accepted with regret. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Park and Recreation Commission Chairperson submitting a report relative to the proposed Murphy Park Fees, presented and read. Council Member Manning moved that this matter be brought forward at the next meeting as an action item. Second- ed by Council Member Kronfeldt. Carried by tile following vote: Yeas--Mayor Brady, Council Members Daich, Klues- net, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning & Zoning Commission approving final plat of Super 8 Subdivision located at 2730 Dodge Street, presented and read. Council Member Manning moved that the comn~unicatlen be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 94-87 A RESOLUTION APPROVING THE FINAL PLAT OF SUPER 8 SUBDIVISION IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a finvl plat of Super 8 Sub- division in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordlnm~ces relating thereto. NOW, THEREFORE, BE IT R]~]- SOLVED BY THE CIqW COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Super 8 Subdivision in the City of Dubuque, Iowa, be and the same is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Du- buque, Iowa, upon said final plat. Passed, approved and adopted tins 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Communication of planning and Zon- ing Commission approving final plat of Dubuque Industrial Center Sixth Addi- tion, presented and read. Council Member Manning moved that the coinmunication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 95-87 A RESOLUTION APPROVING THE FINAL PLAT OF DUBUQUE INDUSTRIAL CENTER SIXTH ADDITION IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of Dubuque Regular Session Industrial Center Sixth Addition in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City plmming and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes und ordinances relating thereto. ' NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Du- buque Industrial Center Sixth Addition in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- Communication of Planning and Zon- lag Commission approving final plat of Subdivision of Lot 1 of Lot 2 of Block 14 Riverfront Subdivision No. 3, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. April 6, 1987 169 RESOLUTION NO. 96-87 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVI- SION OF LOT 1 OF LOT 2 OF BLOCK 14 OF RIVERFRONT SUBDIVISION NUMBER 3 IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 1 of Lot 2 of Block 14 of River front Subdivision No. 3 in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances rela. ting thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the final plat of the Subdivision of Lot 1 of Lot 2 of Block 14 of Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the Ci- ty of Dubuque, Iowa, upon said final plat. Passed, approved and adopted tins 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carded by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Communication of City Manager sub- matting Resolution authorizing publica- tion of Notice of Enviromnental Review Findings for the Dubuque Trolley, Inc., Project, presented and read. 170 Council Me~nber Manning moved that Regular Session, April 6, 1987 the communication be received and fried. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Ktieg, Kronfeidt, Manning, Simon. Nays--None. RESOLUTION NO. 97-87 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDINGS FOR CERTAIN COM- MUNITY DEVELOPMENT BLOCK GRANT PROJECT WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1986 with the U.S. Department of Hous- ing and Urban Development, providing for finaneia! assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Deveiopment, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen- tei Review Committee on March 12, 1987 has after due consideration made a determination that the project is not a major Federal action significantly af- fecting the quality of the human en- vironment. NOW. THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Sigulfi- cant Effect on the Envffonment for the fullowh~g identified project, and to make the Environmental Review Record for said project available for public inspec- tion. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. * Dubuque Trolley, Inc. Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of April 6, 1987 authorizing the submission of a request to the U.S. Department of Housing and Community Development to undertake the project. Passed, approved and adopted this 6th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Klansner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Kluesner, Ktieg, Kronfeldt, Manning, Simon. Nays-- None. Park and Recreation Connnission sub- mitting their report on Four Mounds Park, presented and read. Council Member Manning moved that the report be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Klues- net, Krieg, Kronfeidt, Manning, Simon. Nays~None. Communication from City Manager submitting an updated report on problem vacant housing, presented and read. Council Member Kronfeidt moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Mmming, Simon. Nays--None. Communication of Personnel Assistant advising of Youthqn-Government Pro- gram activities, presented and read. Council Member M~ming moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeidt, Manning, Simon. Nays--None. Regular Session April 6, 1987 There being no further business, Coun- cil Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kineener, Krieg, Kronfeidt, Manning, Simon. Nays--None. Meeting adjourned at 11:49 p.m. Mary A. Davis City Clerk Approved Adopted __ ~1987 __1987 Mayor Council Members ATTEST: City Clerk 171 172 BOARD OF HEALTH Board of Health~1987 Chairperson OFFICIAL Regular QuarterlyMeeting, April 20, 1987 Board met at 7:25 o'clock p.m. in the Public Library Auditorium. Present: Board Chairperson Brady, Board Members Deich, Klueener, Krieg, Kronfaldt, Manning. Absent: Board Member Simon. Chairperson Brady read the call and stated this is the REGULAR QUAR- TERLY MEETING of the Board of Health called for the purpose to act upon such business which may properly come before the Board. Communication of City Manager sub- mitring Fiscal Year 1988 Application for State Funds for Public Health Nursing Services and requesting Board of Health Chairperson to execute said application, presented and read. Board Member Kluesner moved that the communication be received and fried and approved Application with Cha~q~er- son directed to execute. Seconded by Board Member Krenfeldt. Carried by the following vote: Yeas--Chairperson Brady, Board Members Deich, Kluesner Krieg, Kronfaldt, Manning. Nays--None. Absent--Board Member Simon. There being no further business, Board Member Krieg moved to adjourn. Seconded by Board Member Mending. Carried by the following vote: Yeas-- Chairperson Brady, Board Members Deich, Kluesner, Krieg, Kranfaldt, Man- ning. Nays--None. Absent--Board Member Simon. Meeting adjourned at 7:30 p.m. Mary A. Davis Secretary, Board of Health .1987 Approved -- 1987 Adopted Board Members ATTEST: Secretary, Board of Health ~iar Session CITY COUNCIL OFFICIAL Regular Session, April 20, 1987. Council met at 7:30p.m. in the Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. . . Absent: Council Member Simon. Mayor Brady read the call and stated this is the REGULAR MEETING of the City Council calh ~. for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Robert Williams, Executive Director of the Dubuque Rescue Mission. PROCLAMATIONS: Week of April 26 thru May 2 as "American Home Week" received by Bee Bisenins~ Week of April 27 thru May 3 as "Low Vision Week" received by Bob Fisch; May 2nd as "Art Miller Memorial Crop Walk"' received by Barb Fischer. YOUTH IN GOVERNMENT: Mayor Brady swore in Youth in Government Officials: Mayor - Jeff Doerr, City Clerk - Lore Clemens, Corporation Counsel - Scott Prechaeka and City Manager - Mary Pat Hennagir. The Youth in Government Mayor swore in Youth Council Members: Cindy Cox, Jedy Vanderah, Mira Schlitz, Kristen Klauer, Andrea Lampe and Greg Simpson. Council Member Kranfeldt moved that the rules be suspended so as to allow anyone present to address the Council if they so desire. Seconded by Council Member Manning. Carried by the fonow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to vacate portion of the alley south of Farragut Street and west of Kerper Boulevard, said real estate now platted and known as Lot 60 "A'; in Ham's April 20, 1987 173 Addition, AND Petition of Thermolyne Corp. requesting the City split this unim- proved property and sell one-half to Mr. Kelly and one-half to Tbermolyan, pre- sented and read. Jack Wertzberger, on behalf of the Kenys and Attorney B~bert Bertsch, on behalf of Thermolyne ad- dressed the Council and spoke to the petition. Council Member Kluesner moved that the Proof of Publication and petition be received and filed. Seconded by Council Member Kronfeldt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kron- Ieldt, Manning. Nays--None. Absent-- Council Member Simon. AN ORDINANCE vacating a portion of the alley south of Farragut Street and west of Ke~per Boulevard and convey- ing said property to Richard John and Alice R. Kelly upon payment of $500 plus platting, publication and fdlng fees, said Ordinance having being presented and read at the Council Meeting of April 6, 1987, presented for final adoption, Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--None. Nays--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kranfaldt, Man- ning. Absent--Council Member Simon. Council Member Kluesner moved that the Ordinance be referred back to Staff. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. A RESOLUTION approving disposal of interest in the vacated alley south of Farragut St. and west of Kerper Boule- vard, now knov~ as Lot 60 "A" in Ham's Addition to Richard John and Alice R. Kelly in the sum of $500 plus cost of pub- lication and filing fees, presented and read. Council Member Kluesner moved to refer the Resolution to Staff. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deick, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. 174 Regular Session April 20, 1987 Absent--Council Member Simon. Proof of Pabilcation, certified to by the Publisher, on Notice on Public Hearing to consider disposal of Lot 6 hi Lake Peosta Subdivision in exchange for Lot I in Lake Peosto Subdivision, presented and read. No written objections were received and no objectors were present at the Public Hearing. Attorney Russel Neuwohner addressed the Council on behalf of Balshler Electric requesting approval. Council Member Kronfaldt moved thai the Proof of Publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 99-87 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa, on April 10, 1987, the City Coun- cil of the City of Dubuque. Iowa, met on April 20, 1987 at 7:30 p.m. in the Publi( Library Auditorium, 11th and Locust Street, Dubuque, Dubuque County, Iowa, to consider the proposal for the disposition of City owned real estate described as follows: Lot 6 in Lake Peosta Subdivision in the City of Dubuque, Dubuque County, Iowa, to Beicbler Electric, Inc., Dubuque, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Balcbler Electric, Inc. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque County Iowa, in the property described as Lot 6 in Lake Peosta Subdivision. City of Dubuque, Dubuque County, Iowa, to Beichler Electric, Inc., be and the same is hereby approved by conveyance by means of a Quit Cinim Deed in considera- tion of Beicbler Electric, Inc., deeding to the City of Dubuque by means of a Wa~ ranty Deed property described as Lot I of Lake Peosta Subdivisinn, City of Dubuque, Dubuque County, Iowa to the City of Dubuque. Section 2. That all existing recorded easements shall remain in effect. Section 3. That the City Clerk be and she is hereby directed and authorized to deliver a Quit Claim Deed of conveyance conveying the above described real estate to the above nmned party upon receipt of a Warranty Deed from Beicbler Elec- tric, Inc. Oh property described as Lot 1 of Lake Peosta Subdivision, City of Dubuque, Dubuque County, Iowa. Section 4. That the City Clerk be and she is hereby authorized and directed to record a certified copy of the Resolution in the office of City Assessor, Dubuque County Recorder and Dubuque County Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kcenfaldt moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to consider disposing of two City owned pieces of property to the Iowa Depart- ment of Transportation which will be used for the Relocated Highway 61 Pro- ject, presented and read. No written ob- jections were received and no objectors were present at the public hearing. Regular Session, A_.~pril 20, Council Member Kluesner moved that the Proof of Publication be received and filed. Seconded by Council Member ~Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Kranfeldt, Man- ning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 99.87 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion, published in the City of Dubaque, Iowa on April 10, 1987 the City Council of the City of Dubuque, Iowa met on April 20, 1987 at 7:30 p.m. in the Public Library Auditorium, 11th and Locust Street, Dubuque, Dubuque County, Iowa to consider the proposal for the disposition of City owned real estate described as follows: Lot 2A and 3 of Subdivision of Lot 304 and Lot 2 of Subdivision of the south one half of Lot 305, according to the record- ed plat of said respective subdivisions in the City of Dubuque, Dubuque County, Iowa Lot 47 of the subdivision of M.L. 39; Lot 1 of Lot 19, and Lot 16 of the Ran- dall's Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque in the hereinabove describ- ed real estate to the Iowa Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the in- terest of the City of Dubuque, Dubuque County, Iowa in the property described hereinabove is hereby approved in accor- dance with previous agreement executed by the City and the Iowa Department of Transportation relative to City ovmed land to be utilized in the construction of the Relocated 61 Project in ~he City of Dubuque. 1987 175 Section 2. That all existing recorded easements shall remain in effect. Section 3. That the City Clerk be and she is hereby directed and authorized to deliver Quit Claim Deeds of conveyance conveying the above described real estates to the Iowa Department of Transportation. Section 4. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Assessor, Dubuque County Recorder and Dubuque County Treasurer, Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kiuesner moved adop- tion of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Proof of Publication, certified to by the Publisher, on Notice of Hearing on pro- posed plans and specifications, etc. for the new HVAC System, second floor of City Hall, presented and read. No writ- ten objections were received and no oral objectors were present at tho Public Hearing. Council Member Krieg moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION NO.l~7 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the llth day of March, 1987, plans, specifications, form of contract and estimated cost were filed 176 Regular Session, April 20, 1987 with the City Clerk of Dubuque, Iowa, for the new HVAC System, second floor, City Hall; 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 RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications. form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 20th day of April. 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfaldt, Manning. Nays--None. Absent--Council Member Simon, Proof of Publication, certified to by the Publisher, on Notice of Bidders of the receipt of bids for the construction of the new HVAC System, Second Floor, City Hail AND Communication of City Man- ager recommending to award contract for project to Geisler Brothers Company presented and read. Council Member Krleg moved that the proof and communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaldt, Man- ning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 1014~7 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the HVAC System, Second Floor, City Hall, pursuant to Resolution No.. 64-87 and notice to bidders published in a news- paper published in the City of Dubuque, I0wa on the 20th day of March, 1987. WHEREAS, said sealed proposals were opened and read on the 9th day of April, 1987 and it has been determined that the bid of Geisler Brothers Company of Dubuque in the amount of $24,933.00 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 RE- SOLVED BY THE CIq~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above ira- provement be awarded to Geisler Brothers Company and the Manager be and is hereby directed to execute a con- tract 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 rethrn the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Kronfaidt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kron- fefilt, Manning. Nays--None. Absent-- Council Member Simon. Communication of City Manager sub- mitring a proposed revised Lease with Robert's River Rides for review and re- questing adoption of Resolution setting matter for a Public Hearing, presented and read. Regular Session Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Krieg. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- net, Ktieg, Kronfeldt, Manning. Nays-- None. Absent--Council Member Simon. RESOLUTION NO. 102-87 LEASE AGREEMENT WITH ROBERT'S RIVER RIDES WHEREAS, negotiatiofis have been conducted with the oysters of Robert's River Rides relative to a revised lease agreement for their operations in the Ice Harbor area; and WHEREAS, Robert's River Rides now leases 385.80 feet of waterfrontage on the north side of the/ce Harbor in the City of Dubuque, Iowa; and WHEREAS, there is existing lease agreement between Robert's River Rides and the City of Dubuque dated February 18, 1977 and an amendment to that lease agreement dated April 28, 1982; and WHEREAS, there is a desire on the part of both parties to update the lease agreement of February 18, 1977 and the amendment o£ April. 28, 1982; and WHEREAS, a mutually agreed upon revised lease agreement has been negotiated with Robert's River Rides. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of interest in the proper~y described in the proposed lease agreement with Robert's River Rides under the conditions stipulated in the lease agreement. Section 2; That upon the execution of this revised lease agreement, the lease agreement between the City of Dubuque and Robert's River Rides dated February 18, 1977, amendment to that lease agree- ment between the City of Dubuque and Robert's River Bides dated April 28, 1982 shall be terminated. ' April 20, 1987 177 Section 3. That all existing easements ~n record shall remain in effect. Section 4. That the City Clerk is hereby authorized and directed to cause a notice to be published of the proposed lease agreement as prescribed under Chapter 364.7 - Disposal of Property - Code of Iowa, 1985, or as amended. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution and Public Hearing be held on May 4, 1987 at 7:30 p.m. in the Public IJbrary Auditorium. Seconded by Council Member Krieg. Car- ried by the fullowing vote: Yeas--Mayor Brady, Council Members Deich, Klues- her, Krieg, Kronfaldt, Manning. Nays-- None. Absent--Council Member Simon. Communication of City Manager sub- mitring proposed amendment to the Fiscal Year 1987 Budget and requesting a Public Hearing to be held as required, presented and read. Council Member Kluesner moved that the communication be received wad filed. Seconded by Council Member Krieg. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ner, Krieg, Kronfeldt, Manning. Nays-- None. Absent--Council Member Simon. RESOLUTION NO. 103-87 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PRO- POSED AMENDMENT TO THE FISCAL YEAR 1987 BUDGET AND DATE OF PUBLIC HEARING WHEREAS, it is proposed that the City of Dubuque amend its Fiscal Year 1987 Budget; and WHEREAS, Section 384.16 of the Code of Iowa stipulates that a Public Hearing nmst be held on such a budget amendment. 178 Regular Session, April 20, 1987 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of Publi~ Hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. David City Clerk Council Melnber Kluesner moved adop- tion of the Resolution and Public Hear- ing to be held on May 4, 1987 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Krleg. Car- tied by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Krieg, Kronfaidt, Manning. Nays--None. Absent--Council Member Simon. Communication of City Manager in- !tiatir4~ the public bidding procedures for a portion of the 1987 Paving Project (seelcoating Project), presented and reed. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Delch, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 104.87 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 1987 sealcoat Project, in the es- timated amount of $374,739.76, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resalution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krleg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 105-87 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 1987 sealcoat Project. NOW, THEREFORE, BE IT RE- SOLVED that on the 18th day of May, 1987, a Fublic Hearing will be held at 7:30 p.m. in the Public Library Audi- torium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said im- provement, and the City Clerk be and Js hereby directed to cause a notice of time and p!ace of such hearing to be publish- ed in a newspaper having general circula- tion hi the City of Dubuque, Iowa, which notice shall not be less thau four days nor more than twenty days prior to the day fixed for its consideration. At the hear- lng, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session April 20, 1987 179 Council Member Kronfaldt moved adoption of the Resolution. Seconded by Council Member Kluesne~. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfaldt, Manning.. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 106-87 ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF THE ~ITY OF DU- BUQUE, IOWA: That the 1987 Sealcoat Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an mnount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the 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 day~ nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 12th day of May, 1987. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 18th day of May, 1987. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the foliowlrg vote: Yeas--Mayor Brady, Council Members Delch, K]uesner, Krleg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Communication of City Manager in- itiating the public bidding procedures for the Asphalt Resurfaciug of U.S. #20 (Dodge Street) from Grandview Avenue to a point approximately 165 feet west of Bluff Street, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Krieg. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kines- ner, Krieg, Kronfeldt, Manning. Nays-- None. Absent--Council Member Simon. RESOLUTION NO. 107-87 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the A.C.C. Resurfaelng of U.S. #20 (Dodge Street) from Grandview Avenue to.~ 165 feet west of Bluff Street, in the estimated amount of $576,540.20, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner ~noved adop- tion of the Resolution. Seconded by Council Member Kriag. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kriag, Kronfeldt, Manning. Nays--N~one. Aheent--Councfl Member Simon. RESOLUTION NO. 108-87 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 180 Regular Session April 20, 1987 plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the A.C.C. Resurincing of U.S. #20 (Dedge Street) from Grandvlew Avenue to 165 feet west of Bluff Street. NOW, THEREFORE, BE IT RE- SOLVED that on the 18th day of May, 1987, a Public Hearing will be held at 7:30 p.m. in the Public Library Auditerium at which time interested per- sons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulatlen in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or es- timated cost of the improvement. Passed, approved and adopted this 20th day of April, 1987. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoI~ tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krleg, Kronfaldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 109-87 ORDERING BIDS BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the A.C.C. Resurfacing of U.S, #20 (Dodge Street) from Graudview Avenue to 165 feet west of Bluff Street is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in 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 gen- eral circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 8th day of May, 1987. Bids shall be opened and read by the City Clerk at said time and wdi be submitted to the Council for final action at 7:30 p.m. on the 18th day of May, 1987. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member K~uesner moved adop- tion of the Rceolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Klueaner, Krieg, Kronfdidt, Manning. Nays--None. Absent--Council Member Sbnon. Communication of City Manager reconunendin~. (a) transfer of Cable Fran- chise from Group W Cable (ARP) to GWC 107; (b) change of control from Buyers Consortium to TCI of Iowa/II- lindis; (c) waiving requirement that the transfer be approved by au election; (d) waiving "parent company" guarantee, and (e) setting conditions for the approval of the transfer, presented and read. Council Member Kluesner moved that the communication be received and filed and approved the recommendations of the City Manager. Seconded by Council Member Kronfeldt. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Regular Session, April 20, 1987 RESOLUTION NO. 110-87 RESOLUTION (1) APPROVING AND CONSENTING TO THE TRANSFER OF THE DUBUQUE CABLE SERVICES DELIVERY FRANCHISE, ORDINANCE NO. 42-81, FROM GROUP W CABLE, INC., TO GWC 107, INC.; (2) WAIV- ING THE ELECTION REFERRED TO IN SECTION 4.4 OF OR- DINANCE NO. 42-81; (3) APPROV- ING AND CONSENTING TO THE TRANSFER OF CONTROL OF GWC 107, INC., TO TCI OF IOWA, INC., AND TCI OF ILLINOIS, INC.; ALL SUBJECT TO CERTAIN CON- DITIONS AND AGREEMENTS AS ATTACHED WHEREAS, Group W Cable, Inc., (now known as ARP Cable, Inc.) is the Grantee to the Dubuque Cable Services Delivery Franchise, Ordinance No. 42.81; and WHEREAS, the City Council of the City of Dubuque, Iowa, on April 21, 1986, approved a change of control of Group W Cable, Inc., from Westinghouse Broadcasting and Cable, Inc., to a con- sortium o£ five operators (the "Censor- tinm"), consisting of: American Televi- sion and Conununications Corporation, Century Southwest Cable Inc., Comcast Corporation, Daniels & Associates, Inc., and Tele-Communi cations, Inc.; and WHEREAS, the City Council, on September 15, 1986 received, filed, and referred to the City Manager £or in- vestigation a ~luest by Group W Cable, . Inc., to transfer the Dubuque Cable Fran- chise to GWC 107, Inc., (a subsidiary of the Consortium), as well as a request to approve a change of control of GWC 107 Inc., to TCI of Iowa, Inc., and TCI of Illinois, Inc.; and WHEREAS, following a detailed eom- piling of information by City Staff as to the legal, financial and teclmical qualifica- ti(ms of the proposed transferee, the City Council, on January 19, 1987, author- ized the appointment of an evaluation team consisting of the City Manager, Corporation Counsel, Cable Franchise Administrator, and two members of the Cable TV Regulatory Corm~ssion to 181 review the cerapfled material and engage in negotiations with Group W Cable, Inc., regarding the requests; and WHEREAS, the evaluation team has conducted an exhaustive assessment of the qualifications of the proposed transferee as well as the status of current franchise compliance, several waivers re- quested by the Cable Operator, the im- pact of the Cable Communications Policy Act of 1984 upon the transfer process and franchise enforcement and numerous related items; and WHEREAS, the evaluation team is recommending that the City Council ap- prove the requested transfer and change of control subject to certain conditions and agreements; and WHEREAS, it is in the interests of the Cable Subscribers, the Cable Operator and the City of Dubuque, to complete the recommended transfer and change of con- trol in a reasonable and timely fashion. NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the transfer of the Dubuque Cable Services Delivery Fcan- chise, Ordinance No. 42-81, from Group W Cable. Inc., to GWC 107, Inc., is hereby approved and consented to. sub- ect to the conditions and agreements at- tached hereto. Section 2. That the election provided for in Section 4.4 of the Cable Services Delivery Franchise, Ordinance No. 42-81, is hereby waived in accordance with ~he request of Group W Cable, Inc., as pro- vided for in Section 4.9 of the Dubuque Cable Services Delivery Franchise, Or- dinance No. 42-81, subject to the condi- tions and agreements attached hereto. Section 3. That the transfer of control of GWC 107, Inc., from the Consortium to TCI of Iowa, Inc., and TCI of Illinois, Inc., is hereby approved and consented to, subject to the conditions and agree- 1 hereto. Section 4. That the Mayor of the City of Dubuque, Iowa, is hereby authorized to execute any documents necessary to accomplish the intent of this Resolution. 182 ~ Regular Session April 20, 1987 Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg~ Kronfeldt, Manning. Nays--None. Absent--Council Member Simon, Petition of Karen Hickson et al (con- taining 1561 signatures) requesting to ad- dress the Council to express their con- cerns regarding the funding situations of the Story Book Zoo, presented and read. Karen Hickson, Mary Willey, Holly Kamm, Margaret Canlon, Julle Burg- meyer, Carl McCarthy and Ted Swanek all requested that the Story Book Zoo be kept open. Council Member Kluesner moved that the petitions be received and filed. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas-- Mayer Brady, Council Members Dalch, Kluesnerl Ktleg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Mayor Brady moved that Staff be in- structed to continue insurance coverage and allowing usage of riding mowers un- til closure of sale of land with no ex- penses to be insured by the City. Second- ed by Council Member Manning. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Man~ ning. Nays--Council Members Kluesner, Krieg, Kronfaldt. Absent--Council Member Simon. MOTION FAILED. Council recessed at 9:24 p.m, Council reconvened at 9:35 p.m. Coannunicatlon of Park and Recrea- tion Commission submitting their com- ments regarding admission fee at Mur- phy Park, presented and read. Tom Hickey, Kathryn Drury and Richard Kracht objected to the proposed fee. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Kronfeldt. Nays--Council Members Krieg, Mmming. Absent-- Council Member Simon, Council Member Manning moved that they reverse the Council's decisions and remove the entrance fee from Murphy Park. Seconded by Council Member Ktleg. Vote on the motion was as follows: Yeas--Council Members Kreig; Marm~g. Nays--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt. Absent-- Council Member Simon. MOTION FAILED - Fee Stays. Communlcction of park & Recreation Conunisslon Chairperson requesting that the Mayor forward a communication to the Iowa Peace Institute inviting them to consider the Four Mounds Park as a site for their institute, presented and read, Council Member Kluesner moved that the communication be received and filed and Mayor directed to forward letter to Peace Institute. Seconded by Council Member Krleg. Carried by the fuilowlng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Abeent--Councfl Member Simon. Communication of Greater Dubuque Development Corporation (GDDC) re- quesUmg to reschedule their work session with the City Council to May 11, presented and read. Council Member Krieg moved that the conununication be received and fred and approved request. Seconded by Council Member Manning. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Arnold Honkamp, Chairperson of the Airport Commission, gave a verbal rupert on Airport issues; Consensus of Council in agreement for pursuit of retention of services and slots at O'Hare Airport; Chicago, Illinois. Airport Commission and Air Task Force of Chamber of Corn- Regular Session merce requesting City Council adopt a Resolution supporting continuation of Air Service between Dubuque and Chicago O'Hare Airports, presented and read. Council Member Kluesner moved that the request be received and fded. Second- ed by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfeldt, Manning. Nays --None. Absent--Council Member Simon. - - RESOLUTION NO. 111-87 PROTESTING THE TERMINA- TION OF ESSENTIAL AIR SER- VICE TO CHICAGO O'HARE FIELD BY AIR WISCONSIN, INC. WHEREAS, Air Wisconsin, Inc., operating as United Express; has serv- ed the City of Dubuque a ninety day notice of its intent to terminate all of the services they currently provide between Dubuque, Iowa, Municipal Airport and Chicago, Illinois, O'Hare l~eld; and WHEREAS, eighty-three percent of the 91,682 passengers boarding at the Dubuque, Iowa, Municipal Ah~port for the period of 1983 through 1986 flew to O'Hare Field; a~d WHEREAS, the majority of such passengers depend upon O'Hare Field for connecting flights to eastern, southern and overseas destinations; and WHEREAS, the termination of Du- buque's sole link to O'Hare Field by Air Wisconsin, Inc., is a serious breach in the essential air service vital to the economic growth and development of the entire Dubuque trade area. NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Dubuque City Council finds that air service between Dubuque, Iowo, and the Chicago, Illinois, O'Hare Field is essential air service to meet the needs and the orderly economic growth of the Dubuque trade area. April 20, 1987 183 Section 2. That the Dubuque City Council protests the intent of Air Wisconsin, Inc., to terminate the air set- vice they currently provide between Dubuque, Iowa, and Chicago O'Hare Field. Section 3. That the Dubuque City Council petitions the Office of Essential Air Service, U.S. Department of Trans- portation, to order Air Wisconsin, Inc., to continue to malutah~ the scheduled air service they currently provide between Dubuque, Iowa, and the Chicago O'Hare Field until such tlme as adequate and suitable substitute air service to O'Hare Field is secured and in place. Section 4. That the City Clerk is hereby authorized and directed to provide cer- tified copies of th'm Resolution to Air Wisconsin, Inc., and to the Office of Essential Air Service, U.S. Department of Transportation. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesuer moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Kluesner, Krleg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 112-87 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,500,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incor- porated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, said City is in need of funds to pay costs of adjusting, exten- ding and refunding existing general obligation indebtedness of the City as is 184 _Regular Sessio~ more fully set forth in the schedule of Bonds to be refunded, hereinafter set forth as Exhibit "A', attached to this Resolution, and it is deemed necessary and advisable that said City should issue its General Obligation Bonds to the amount of $5,500,000. for said essential corporate purpose; and WHEREAS, it presently appears that benefits may be realized and at the same time savings may be effected in the debt service fund requirements of the City by refunding of the bonds set forth in the schedule set forth as Exhibit "A", at- tached to this Resolution and made a part hereof by this reference; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the pro- posal to institute proceedings for the is- suance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, pursuant to the provi- sions of Chapter 75 of the Code of Iowa. the above mentioned bonds were hereto- fore sold at public sale and action should now be taken to issue said bonds confer- ming to the terms and conditions of the best bid received at tho advertised public sale. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text express- ly or by necessary implication requires otherwise: (a) "Issuer" and "City" shall mean the City of Dubuque, Iowa; (b) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the stone duties and respon- aibilities with respect to tbe recording and payment of the Bonds issued here- under; (c) "Bonds" shall mean $5,500,000 General Obligation Bonds, authorized to be issued by this Resolution; Apri.._._~l 20, 1987 (dl "Project Fund" shall mean the fund required to be established by this Resolution for the depeeit of the prcceeds of the Bonds. · (e) "Rebate Fund" shall mean the fund so defined in and established pur- suant to the Tax Exemption Certificate. (f) "Registrar" shall be Bankers Trust Company of Des Moinee, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the bonds. Unless other- wise specified, the Registrar shall also act as Transfer Agent for the bonds. (g) "Paying Agent% shall be the Bankers Trust Company, or such suc- cessor as may be approved by Issuer as ~rovided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of prin- cipal of and interest on the Bonds as the same shall become due. (h) "Tax Exemption Certificate" shall mean the Tox Exemption Cer- tificate executed by the Treasurer and delivered at the time of issuance and delivery of the bonds. (i) "Trustee" shah be the American Trust and Savings Bank, Dubuque, Iowa. Section 2. Levy. and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued and the bonds of the issue dated October 1, 1984, which remain outstanding and are not refunded from proceeds of the Bonds, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: Amount FizcalYear(Julyl to June 30) Year of Collectlan $940,225 1988/1989 $939,025 1989/1990 $934,860 1990/1991 Regular Session April 20, 1987 185 $937,970 1991/1992 $932,775 t992/1993 $932,865 1993/1994 $936,225 1994/1995 $935,465 1995/1996 $931,485 1996/1997 $817,735 1997/1998 $920,060 1998/1999 $941,000 199~2000 $932,530 200~2001 $931,130 2001/2002 $921,080 2002/2003 $917,620 2003/2004 (NOTE: For example, the levy to be made and certified against the taxable valua- tions of January 1, 1986, will be collected during the fiscal year commencing July 1, 1987.) lb) Resolution to be Filed With Coun- ty Auditor. A certified copy of this Resolution should be filed with the Coun- ty Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tox hereby authorized in Section 2 of this Resolution, in like manner as other toxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be cal- lected in llke manner as other taxes of the City are conected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in an- ticipation of said tax, and for no other purpose whatscever. lc) Additional City Funds Available. principal and interest coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from cun'ent funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. (d) The levy of ta~es for the Debt Service Fund of the City for collection during the fiscal year July 1, 1987, to June 30, 1988, in the amount of $966,700 is hereby transferred to and shall be curity for the payment of principal of and interest on the Bonds hereinafter author- ized to be issued. The tax levies provid- ed in Section 2a of Resolution No. 317-84 adopted September 17, 1984, are amend- ed with respect to all future years com- mencing with 198811989 to ~onfurm to the respective levies set forth in subsection (a) above. Tax levies heretofore made pursuant to the provisions of Chapter 76 of the Code of Iowa, for payment of the issues of bonds being refunded, as set forth in the schedule attached as Exhibit "A", shall remain in effect but need not be includ- ed in the budget, spread upon the tax rolls or collected in any year in which the Trustee of the Refunding Trust Agree- ment authorized by Section 15 hereof shall certify to the City and the City shall certify in turn to the County Auditor that the Trustee has available maneys with which to pay the principal and interest ~f said bonds being refunded. Section 3. Bond Fund. Said tax shall ~e collected each year at the same time and in the same manner as, and in addi- tion to. all other taxes in and for the City, and when collected they shall be con- vetted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1987 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the prin- cipal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of ta~es received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond pre, ceeds. Proceeds of the Bonds other ~han accrued interest except as may be pro- vided below shall be credited to the Pro- ject Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not im- mediately required for its purposes may be invested not inconsistent with limita- tions provided by law or this Resolution. Accrued interest, if any, shall be de- posited in the Bond fund. Section 5. Investments of Bond Fund 186 Regular Session, April 20, 1987 Proceeds. Ali moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in direct obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or FSLIC or its equivalent suc- cessor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. Ali such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption, (a) Bond Details. General Obliga- tion Bonds of the City in the amount of $5,500,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the afore- said purpose. The bonds shall be de- signated "GENERAL OBLIGATION BOND", be dated May 1, 1987, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest ~ay- able on September 1, 1987, and sen~i~ annually thereafter on the tet day of March and September in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the fac- simile signature of the Mayor and at- tested by the facs'nnlle signature of the Clerk, and printed or impressed with the seal of the City and shall be fully regi- stered as to both principal and interest as provided in this Resolution; principal. interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 each or multiples thereof. Said Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount March 1st 5.00% $ 80,000 1988 5.50% $ 80,000 1989 5.80% $ 80,000 1990 5.80% $ 80,000 1991 5.80% $ 90,000 1992 5.80% $ 95,000 1993 5.80% $105,000 1994 5.80% $ 95,000 1995 5.80% $110,000 1996 6.00% $100,000 1997 6.10% $100,000 1998 6.20% $630,000 1999 6.30% $690,000 2000 6.40% $725,000 2001 6.50% $770,000 2002 6.60% $810,000 2003 6.70% $860,000 2004 (b) Redemption. Bonds maturing March 1, 1988-1998, inclusive, are non- callable. Bonds maturing on and after March 1, 1999, are callable prior to maturity from any funds regardless of source on any interest payment date on or after March 1, t998, in whole, or from time to time in part, in inverse order of maturity and within a maturity by lot, upon terms of par and accrued interest plus a premium of one-bell of one percent (Va of 1%) of the principal amount of any such bends called for such redemption for each year or fraction thereof between the redemption date and the stated matur- ity of such bonds, but in any event not to exceed two percent (2%) of the prin* cipal amount of such bonds, by giving thirty days' notice of redemption by registered mall, to the registered owner of the bond. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of bonds to be called has been reached. Section 7. Registration of Bonds; Ap- pointment of Registrar;, Transfer, Owner~ ship; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of owner- Regular Session, April 20, 1987 187 ship of the Bonds, and in no other way. Bankers Trust Company is hereby ap- pointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provi- sions for registration and transfer con- rained in the Bonds and in this Resolution. (b) Transfer. The ownership of any bond may be transferred only upon the Registration Books kept for the registra- tion and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registra- tion is to be made in the name of multi- pie individuals, of all such transferees). In the event that the address of the registered owner,of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information per talnlng to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denomina- tions permitted by this Resalution in ag- gregate principal amount equal to the un- matured and unredeemed principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registra- tion Books, the Bonds, in accordance with the provisions of this 'Resalution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- merit of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and el- fectual to satisfy and discharge the liabil- ity upon such Bond, including the in- terest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelied by the Registrar. Ail Bonds which are cancelled by the Registrar shall be destroyed and a cer- tificate af the destruction thereof shall be furnished promptly to the Issuer; provid- ed that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, ff funds suf- ficlent to pay such interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or pay- mant of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted ex- clusively to such funds for any claim of whatever nature on his part under this Resalution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall con- tinue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fix- ed for redemption thereof, or otherwise, at which time and Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any clahn under this Resolution by the Owners of such in- 188 Regular Session terest or Bonds of whatever nature shall be nmde upon the Issuer. (g) Registxation and Transfer Fees. The Registrar may ~umish to each owne~ at the IssueFs expense, one bond for each annual maturity. The Registrar shall fur- nish additional bonds in lesser denomina- tions (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case oa~y outstanding Bond shall become mutilated or be destroyed, stolen or lost the Issuer shall at the request of Registrar authenticate and dehver a ney Bond of like tenor and amount as the Bond so mutilated~ destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon fur- nishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the pay- ments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authen- ticate the Bonds and deliver the same to or upon order of the Furchaser. No Bond shall be valid or obligatory for any pur- pose or shall be entitled to any right or April 20, 1987 benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certifi- cate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been du- ly issued under this Resolutinn and that the holder hereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and un- til there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the autbentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorweller, Haynie, Smith & Allbee, Bond Counsel concerning the validity and legality of all the Bonds pro- posed to be issued. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the Araerican Standards Institute substantially in the form as follows: Regula__r Session, April 20, 1987 (8) J (1) J (9) (lO) (continued on the back of this Bond) (11)(12)(13) ] 1[_~4)l (15) (10) (Continued) FIGURE 1 (16) (17) FIGURE 2 (Back) 189 190 The text of the Bonds to be located threon at the item numbers shown shall be as follows: Item 9, fibmre I = The City of Du- buque, Iowa, a municipal corporation organized and existing under and by vir- tue of the Constitution and laws of the State of Iowa (thc "Issuer'S). for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figal'e t = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, fig~urc 1 = or registered assigns, the principal sum of (principal amount written out) Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, only upon presentation and sur- render hereof at the office of Bankers Trust Company, Paying Agent of this issue, or its successor, with interest on said sum from thc date hereof until p~id at the rate per annum specified above, payable on September 1, 1987, and semi- annually thereafter on the 1st day of March and September in each year, Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership main- tained by the Registrar as of the 15th day of the month next prece~ng such interest payment date. Interest shall be com- puted on the basis of a 360-day year of twelve 30-day months. This Bond is issued by the City of Dubuque, Iowa, pursuant to the provi- sions of Section 384.25~ of the City Code of Iowa, for the purpose of paying costs of adjusting, extending and refunding ex- isting general obligation indebtedness of the City of Dubuque, Iowa, the proceeds Regular Session April 20, 1987 of the Bonds of this issue being deposited in trust, pursuant to the terms of a Refunding Trust Agreement, and in- vested in such manner as to pay, when due, the installments of principal of and interest on the City's presently outstand- ing general obligation bonds to be refund- ed from the process of tiffs issue, in con- fortuity to a Resolution of the Council of said City, duly passed and approved. Bonds maturing March 1, 1988-1998, inclusive, are noncallable. Bonds matur- ing on and after March 1, 1999 are callable prior to maturity from any funds regardless of source on any interest pay- ment date on or after March 1, 1998, in whole, or from time to time in part, in in- verse order of maturity and within a maturity by lot, upon terms of par and accrued interest plus a premium of one- half of one percent (~a of 1%) of the prin- cipal amount of any such bonds called for such redemption for each year or fraction thereof between the redemption date and the stated maturity of such bonds, but in any event not to exceed two percent (2%) of the principal amount of such bonds, by giving thirty days' notice of redemption to the registered owner of the bond. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the offiqe of the Registrar, together with an assignment duly ex- ecuted by the owner liereof or his duly authorized attorney in thc form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. Ali Bonds shall be negotiable as provid- ed in Article 8 of the Uniform Commer- cial Code and Sect;mn 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. Regular Session This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)/3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and cer- tified that all acts, conditions and things requisite, according to the laws and Con~ stitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that pro- vislon has been made for the levy of a suf- ficient continuing annual to~x on all the taxable property within the territory of the Issuer for the payment of the prin- cipal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including tiffs Bond~ does not exceed the constitutlonal or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of s~ald City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Bankers Trust Com- pany of Des Mdines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 -- This is one of the bonds described in the within mentioned resolutlon~ as registered by Bankers Trust Company. Bankers Trust Company By Registrar Item 13, figure i = Registrar and Transfer Agent: Bmtkers Trust Company Paying Agent: Bankers Trust Company April 20, 1987 191 Item 14, figure 1 = (Seal) Item 15, figure i = [Signature Block] City of Dubuque, Iowa By: (fucsimile signature) Mayor Attest: (facsimile signature) City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond council issued as of the date of delivery of the issue of which this Bond is a part. (facsimile signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = ]Assignment Block] [Informatlon Required for Registration] ASSIGNMENT For valua received, the undersigned hereby sells, assigns and transfers unto--(Social Security or Tax Identification No. __.) the within Bond and dces hereby irrevocably constitute and appoint__ attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitu- tion in the premises. Dated (Person(s) executing this Assignment sign(s] here) SIGNATURE) GUARANTEED) IMPORTANT--READCAREFULLY The signature(s) to this Power must cor- respond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature gnm. antee should be made by a member or member organization of the New York Stock Exchange, members of other Exchanges having signatures on 192 Regular Session April 20, 1987 file with transfer agents or by a commer- cial bank or trast company. INFORMATION REQUIRED FOR REGISTRATON OF TRANSFER N amc of Transferee{s) Address of qYansferee(s) Social Security or Tax Identification Number of Trtmsfereels)_ Transferee is a(n): Individual* _ Corporation __ Partnership .Trust_____ *II the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though writ- ten out in full according to applicable laws or regulations: TEN COM-as tenants in common TEN ENT-as tenants by tbe entireties JT TEN-as joint tenants with right of survivorship and not as tenants in IA UNIF TRANS MIN ACT -- .......... Custodian ............ (Cust) {Minor) under Iowa Uniform Transfers to Minors Act .......................... (State) Section 13. Contract Between Issuer and Purchaser. This Resolution con- stitutes a contract between said City and the purchases of the Bonds. Section 14. Non-Arbitrage Covenants. The proceeds from the sale of the bonds shall be deposited in trust as provided in tbe following Section hereof. None of the proceeds of the Bonds, and none of the investment income therefrom, will be used in a manner whicb would cause any of the bonds to be an bitrage bond" within the meaning of Sec- tions I48(a) and (b) of ti~e Internal Revenue Code of 1986, as amended; and on and before the date of the delivery of the Bonds the Treasurer shall issue a cer- tificate to establish the reasonable expec- tations regarding the use of the proceeds of the Bonds in the manner required by Sections 148(a) and (b) of the Internal Revenue Code and regulations issued or proposed thereunder. To the best knowledge and belief of the Issuer, there are no facts or alrcum- stances that would materially change ti~e foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the bonds to be ar- bitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provi- sions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete tbe Tax Exemp- tion Certificate in all respects and to ex- eente and deliver the Tax Exemption Cer- tificate at issuance of tbe Bonds to cer- tify as to the reasonable expectations and covenants of the Issuer at the date. Any funds received from tim Trustee for use of the Bankers Trust Company, as Paying Agent, to pay principal and in- terest on the bonds to be refunded shall be held in cash or non:interest bearing de- mand deposits separate from all other City moneys or accounts. Section 15~ Deposit of Proceeds In Escrow. All of the proceeds derived from the sale of the Bonds herein authorized, save for accrued interest which shall be deposited in the Bond Fund created by Section 3 of this Resolution, shall be plac- ed in escrow with tbe American Trust and Savings Bank as trustee under tbe Refunding Trust Agreement dated as of May 1, 1987, which Trustee shall 1) hold such proceeds in a special and irrevocable trust fund, 2) invest such proceeds only in cash or direct obligations of the United States, and 3) apply such proceeds and earnings thereon only in accordance with the terms and conditions of said Refund, ing Trust Agreement. All the terms and conditions of the Refunding Trust Agree- ment are hereby incorporated by ref- erence in this Resolution as if set forth herein in flJ!l. Section 16. Additional Covenants, Representations and Warranties of the Regular Session; April 20, 198~7 Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, fa) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemp. tion Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined ih'tbe Tax Ex- eruption Certificate); (d) pay to tim United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and sup- porting docueaents as may be required and in a timely manner; and {f) if deem- ed necessary or advisable by its officers, to employ and pay fiscal agents, finan- cial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without tbe consent of any owner of the Bonds if, in the opinion of bond counsel, such amend- ment is necessary to maintain tax exemp- tion with respect to the Bonds under ap- plicable Federal law or regulations. Section 18. Qualified Tax-Exempt Obligations. For the sole purpose of quali- fying the Bonds as "Qualified Tax Ex- empt Obligations" pursuant to the Inter- nal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations mad represents that the reasonably an- ticipated amount of tax exempt govern- ment and Code Section 501(c)3 obliga- tions which will be issued during the cur- rent calendar year will not exceed Ten (10) Million Dollars. Section 19. Repeal of Conflicting Resolutions or Ordinances. That all or- dinances and resolutions and parts of or- dinances and resolutions in conflic- therewith are hereby repealed. Passed and approved this 20th day of April, 1987. James E. Brady. Mayor 193 ATTEST: Mary A. Davis CiW ~e~ SCHEDULE A TO DUBUQUE REFUNDING TRUST AGREEMENT Refunded Bonds $7,900,000 principal amount of General Obligation Bonds, dated October 1, 1984, {now outstanding in the principal mnount of $7,725,000) the refunded bonds portion ($4,340,000), maturing on March 1st of the years 1998 to 2004, and bearing in- crest as follows: principal Interest Maturity Amount Rate March 1st $115,000 9.50% 1998 $550,000 9.70% 1999 $600,000 9.80% 2000 $675,000 9.80% 2001 $725,000 10.00% 2002 $800,000 10.00% 2003 $875,000 10.00% 2004 Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Communication of City Manager pro- viding additional information on request of Richard Krueger, Dubuque Thermo King, Inc,, regarding purchase of city owned property at 16th & Kerper Boulevard, presented and read. Council Member Kluesner moved that the communication be received and filed and concurred to retain property. Second- ed by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfeldt, Manning. Nays~ None. Absent--Council Member Simon. Communication of City Manager sub- mitring an Ordinance providing for the vacating of Brunswick Addition to the North Property Line of Elbow Street, presented and read. 194 Regular Session Couned Member Kronfeldt moved that the communication be received and fred. Seconded by Council Member Dcich. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich. Klues- net, Krieg, Kronfeldt, Manning. Nays-- None. Absent--Council Member Simon. ORDINANCE NO. 25-87 AN ORDINANCE VACATING BRUNSWICK STREET FROM THE WEST PROPERTY LINE OF LOT 160 IN BELMONT ADDITION TO THE NORTH PROPERTY LINE OF ELBOW STREET, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 25-87 ORDINANCE VACATING BRUNS- WICK STREET FROM THE WEST PROPERTY LINE OF LOT 160 IN BELMONT ADDITION TO THE NORTH PROPERTY LINE OF ELBOW STREET. WHEREAS, the City Council of the City of Dubuque approved the acquisi- tion of abutting properties and the clos- ing of Brunswick Street between Peru Road and Elbow Street on October 7, 1985; and WHEREAS, acquisitions of aH abut- ting properties and demolition of residences is now complete; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that the street is no longer required for public use and vacating of said street known as Brunswick Street from the west property llne of Lot 160 in Belmont Addition to the north property line of Elbow Street in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the street known os Brunswick Street from the west proper- ty line of Lot 160 in Belmont Addition to the north property line of Elbow Street in the City of Dubuque, Iowa be and the same is hereby vacated. ~1986 ~ Section 2. That City staff is directed to place appropriate "Read Closed" signs and barricades to prohibit vehlcu]ar ac- cess to the vacated street. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Ordinance, after its passage, with the City Assessor, Dubuque County Recorder, and Dubuque County Treasurer of Dubuque County, Iowa. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of April, 1987. Mary A. Davis City Clerk It 4/27 Council Member Kronfeldt 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 Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Kronfaldt, Man- ning. Nays--None. Absent--Council Member Simon. Communication of City Manager sub- mitt'rog two Ordinances providiug for the City Traffic Code to conform with the State Code regarding handicapped park- ing and for the uniformity of fines for cer- tain local traffic violations; an ORDI- NANCE Amending the Code of Ordl- nances by repealing Section 25-274(2) thereof and enacting a new Section 25-274(2) in lleu thereof revising the penalty for Street Storage AND an OR, DINANCE Amending the Code of Or- dinances by repealing Section 25-348 and enacting a new Section 25-348 in lieu thereof revis'mg the penalty for improper Regular Session, April 20, 1987 195 use of handicapped parking places, presented and read. Council Member Manning moved that the Ordinances and communication be tabled. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kkiesner, Krieg, Kronfeldt, Man~ng. Nay--None. Absent--Council Member Simon. Communication of Planning and Zon- kig Commission advising of their denial on a request from E¥51yn Hames to rezone property at 971 West Third Street from R-3 Residential to OR Office Residential District, presented and read. CounCil Member Kronfeldt moved that the communication be received and fried and concurred with the denial, Seeond- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- her, Krieg, Kronfaldt, Manning. Nays-- None. Absent--Canncil Member Simon. CommunicaUlon of City Manager re- questing authorization for the Mayor to execute a Contract with Project Concern covering the mini-bus operations for the Fiscal Year beginning July 1, 1987, presented and read. Council Membeg Kluesner moved that the communication be received and ap- proved Mayor to sign contract. Second- ed by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klues- net, Krleg, Kronfeldt, Manning. Nays-- None. Absent--Council Member Simon. BUSINESS LICENSES: Lores Col- lege requesting transfer of the Class "B" Beer Perm/t to Cox Street Parking Lot at Cox Street and Lores Boulevard on April 25, 1987, presented and read. Council Member Kluesner moved that the transfer be approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 113-87 BE IT RESOLVED by th~ City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to se[[ Cigaret- tes and Cigarette Papers withi~ said City. Miller Nell, Inc. Ruegnitz Drug 1920 Elm Street Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adol> tion of thb Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klaesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 114~87 WHEREAS, Applicatens for Beer Per- mits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RE- SOLVED by the City Coundfl 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 Dubuque Downtown Association Town Clock Plaza, 7th & Main (14 day Permit) Edward F. Morene Submarina 3265 Central Avenue Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor 196 Regular Session April 20, 1987 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: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 115417 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE. BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE ARA Leisure Services, Inc. Dubuque Greyhound Park Track E. 16th Extension (Also Sunday Sales) Donna M. Ginter West Dubuque Tap 1701 Asbury Road (Also Sunday Sales) Jeanulne A. Kersch Idle Hour 1555 Central Avenue (Also Sunday Sales) Marco's Italian and American Foods 2022 CentrulAvenue Maylo J. Turner Lucky Lady Saloon 2417 Rhomberg (Also Sunday Sales) James J. Webb Jim's Web 2393 Washington (Also Sunday Sales) Clair A. Woodman Central Tap 1046 Central Avenue Passed, approved and adopted this 20th day of April, 1987. James E. Braddy Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner xnoved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg. Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. MINUTES SUBMITTED: Airport Commission of 3-23; Dubuque In-Future, Inc., of 3-23; Historic Preservation Comm. of 4:3; Housing Cede Appeals Board of 3-18; Housing Cede Review Committee of 3-11; Plumbing Board of 4-1; Planning &Zouing Comm. of 4-1; Zoning Board of Adjustment of 3-26; presented and read. Council Member Manning moved that the nfinutes be received and filed. Second- ed by Council Member Kronfeldt. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. NOTICES OF CLAIMS AND SUITS: AETNA Insurance, on behalf of Du- buque Thermo King, submitting subro- gation rights on claim for an employee in the amount of $259.26; John Duccini vs. Dubuque Human Rights Commission submitting petition for Judicial Review regarding final findings; Tracy Hirsch, in amount of $200 for car damages; Con- stance Ann and Bruce Kerkenbush. in amount of $10,000 for invasion of privacy and defamation of character; Eric Lyons, in amount of $400 for car damages; Moracco Supper Club, in amount of $394 for property damages; Robert E. Pell, Sr., in amount of $88 for personal injuries, presented and read. Council Member Manning moved that tho claims and suits be referred to the Legal Staff for investigation and report. Regular Session, April 20, 1987 Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, I~Juesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. State of Iowa advising of condemna- tion of certain rights in land by the Iowa DOT for the improvements of Primary Road No. U.S. 61 thru the City of Du- buque, presented mhd read. Council Member M an~.i, ng moved that the notice be received and filed. Seconded by Council Member Krenfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt. Manning. Nays--None. Absent--Council Member Simon. Communication of Corp. Counsel recommending denials of slip and fall claim of Mrs. Albe~t Reisch; Car damage claim of Louis Green; Car damage claim of Wm. C. Fuerste, presented and read. Council Member Manning moved that the communications be received and filed and approved denials. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Conm~unication of Corporation Coun- sel recommending payment of car dmnage claim of Kathy Brown, in amount of $36.95; Car damage claim of Marie E. Miller, in amount of $5.92; Truck damage claim of Steven J. Neenan, in amount of $263.09, presented and read. Council Member Mmming moved that the communication be received and filed and approved settlements and directed Finance Director to issue the proper checks. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning. Nays--None. Absent--Council Member Simon. Comnmnication of City Manager re' questing authorization for release of funds for certain Conununity Develop- ment Block Grant Project~. presented and read, 197 Council Member Manning moved that the communication be received and fried. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kranfeldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 116-87 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS WHEREAS, the City of Dubuque, Iowa, in conformance with the Environ- mental Review Procedures for the Com~ munity Development Block Grant Pro- gram, convened an Ad Hoc Committee on March 12, 1987, which completed an mvironmental assessment of the following: Dubuque Trolley. Inc. - Economic Development Pt. eject; and; WHEREAS, pursuant to Resolution No. 97-87, adopted April 6, 1987, public notice of a "Finding of No Significant Ef- fect on the Environment" for the above projects was published April 7, 1987 in the Dubuque Telegraph Herald, a news- paper of general circulation, and provid- ed for a public comment period until 12:00 noon on Friday, April 24, 1987; and WHEREAS, public notice of a "Fin- ding of No Significant Effect on the En- vironment'' for the projects was sent by regular mall to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be appro- priate to review such a public notice; and, WHEREAS, any and all objectionsl if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Hous- ing and Urban Development for the release of funds to carry out the above- identified projects. 198 Regular Session, A.__pril 20, 1987 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 fde in the Office of the City Clerk where said record may be ex- amined and copied by any interested party. Section 2, That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment a request for release of funds to undertal~e 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 respons- ible federal official under the National Environmental Projection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development responsibilities for review, decialon-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 DuhaquO 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 au action is brought to enforce responsib'flities 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 pertaining 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 Public Notice attached hereto and made a part thereo£ Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor Aq~EST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Counc'd Members Deich, Kluesner, Krieg. Kronfe]dt, Manning. Nays--None. Absent--Council Member Simon. Counsel for Air Wisconsin, Inc. sub- mitring ninety day notice of intent to ter- minate service between Dubuque, Iowa and Chicago, Illinois, presented and read. Council Member Manning moved that the notice be received and filed. Second- ed by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfaldt. Manning. Nays-- None. Absent--Council Member Simon. City Manager submitting Financial Reports for the month of March, 1987, presented and read. Council Member Manning moved that the reports be received and Rled. Second- ed by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ner, Krieg. Kronfeldt, Manning. Nays-- None. Absent--Council Member Simon. Communication of Robert Ber~seh, At- torney for Dubuque Y~ht Basin, Inc., re- qusting Council approval for an Agree- ment between Dubuque Yacht Basin, Inc., and Big River upon such terms and conditions as shall be negotiated between those two parties, presented and read. Council Member Manning moved that the communicaton be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaldt, Manning. Nays--None. Absent--Council Member Simon. Pecof of Publication, certified to by the publisher, on Notice of Opportunity for Public Hearing on design of Northwest Arterial from Asbury Road to John F. Kennedy Road, presented and read. Council Member Manning moved that the proof be received and filed. Second- ed by Council Member Kronfeldt. Carried Regular Session, April 20, 1987 by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Ktieg, Kronfaldt, Manning. Nays-- None. Absent--Council Member Simon. Finance Director submitting outstan- ding Council Travel advances as of March 31, 1987, presented and read. Council Member Manning moved that the report be received and filed. Second- ed by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kinesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. ARP Cable, Inc., submitting their 1986 Am~ual Report, presented and read. Council Member Manning moved that the report be received and filed. Second- ed by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kines- net, Ktieg, Kronfeldt, Manning. Nays-- None. Absent--Council Member Simon. communication of John Nelson regar- ding the sanitary sewer for Roosevelt Road presented and read. Council Member Manning moved that the communication be received and flied. Seconded by Coundfl Member Kronfaldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. Proof of Publication, certified to by the Publisher, on Notice of Finding of No Significant Effect on the Environment ,for the Dubuque Trolley, Inc., Project, presented and read. Council Member Manning moved that the proof be received and filed. Second- ed by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kines- ncr, Krieg, Kronfeldt, Manning. Nays-- N~one. Absent--Council Member Simon. Delawm'e, Dubuque Substance Abuse Services Center submitting their Third Quarter Report, presented ~nd read. 199 Council Member Krieg moved that the report be received and filed. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg. Man- ning. Nays--Council Member Kronfeldt. Absent--Council Member Simon. Petition of Klauer Manufacturing Company, Riverside Tractor-Trailer, and Rowley Interstate Transportation re- questing a 15 minute packing area on the northeast side of Roosevelt Extension from the Klauer entrance to the intersec- tion with Kligore Street, presented and read. Council Member Manning moved that the petitio~i be received and filed and referred to the City Manager and Staff for report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning. Nays--None. Absent--Council Member Simon. Communication of Planning and Zon- ing Commission approving final plat of Robert Clewell Estate for property located on Eagle Point Drive, presented and read. Council Member Manning moved that the communication be received and fried. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Kcieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. RESOLUTION 117-87 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVI- SION OF LOT 1 OF LOT 1 OF LOT 1 of LOT 1 OF LOT 2 OF POTTERS PLACE IN MINERAL LOT 310 IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 2 of Potters Place in Mineral Lot 310 in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commissinn and they find that the 200 Regular Session April 20, 1987 same conforms to the statutes and or- dinances relating thereto, except that Lot 2 of the Sub of Lot i of Lot 1 of Lot 1 of Lot I of Lot 2 of Potters Place in Mineral Lot 310 has insufficient frontage and no frontage on a public street; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the condition that Lot 2 of the Sub of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 2 of Potters Place in Mineral Lot 310 is undevelopable unless part of an adjacent lot; and WHEREAS. said final plat has been examined by the City Council and they find the same conforms to the statutes and ordinances ralating thereto; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby ap- proved and the Mayor and Clerk be and are hereby authoritzed and directed to en- dorse the approval of the City of Du- buque upon said plat, provided that the owner of said property shall execute a written acceptance hereto attached acknowledging and agreeing: (a) Lot 2 of the Sub of Lot I of Lot I of Lot i of Lot i of Lot 2 of Pot~ers Place in Mineral LOt 310 is undeveinpable unless part of an adjacent lot. Section 2, That in the event the owner fare to execute the Acceptance provid- ed for in Section 1 berein within forty-five (45) days after the date of the Resolution the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 117-87 We. the undersigned First National Bank of Dubuque. Executor of the Estate of Robert W. Clewell, having read the terms and conditions of the Resolution No. 117-87 and being familiar with the con- ditions theeof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa, this 28th day of April, 1987. The First National Bank of Dubuque Executor of the Estate of Robert W. Clewell By Mark J. Willging, Vice President and Trast Officer By James A. Kerkhove Trust Officer Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt. Manning. Nays--None. Absent--Council Member Simon. Communication of planning and Zon- ing Commission approving final plat for Red Cross Association lccated on Asbury Road, presented and read. Council Member Manning moved that the communication be received and fried. Seconded by Council Member Kroafeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Abeent--Council Member Simon. RESOLUTION NO. 118~7 A RESOLUTION APPROVING THE FINAL PLAT OF RED CROSS/ UNIVERSITY PARK SUBDIVI- SION IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of Red Cross/University Park Subdivision in the City of Dubuque, Iowa; and Regular Session, April 20, 1987 WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the M~ry A. Davis City Council finds that the same con- City Clerk forms to statutes and ordinances relating thereto. Approved _ NOW, THEREFORE, BE IT RE- Adopted SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Red CrossfUnlverslty Park Subdivision in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 20th day of April, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member K~.onfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning. Nays--None. Absent--Council Member Simon. Communication of Dubuque County Historical Society advising of the historical significance of the north end of the park grounds of F.D.R. Park presented and read. Council Member Manning moved that the communication be received and filed and referred to the Park and Recreation Department. Seconded by Council Member Kronfaldt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Absent--Council Member Simon. There being no further business, Coun- cil Member Kronfeldt move~] to adjourn. Seconded by Council Member Manning. 201 Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning. Nays--None.. Absent--Council Member Simon. 1987 _1987 Mayor Counall Members AT'rEST: City Clerk