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1987 May Council Proceedings202 Regular Session May 4, 1987 CITY COUNCIL OFFICIAL Regular Session, May 4, 1987. Council Met at 7:30 p.m., in the Public Library Auditorium. Present: Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeidt, Manning, Simon, City Manager W, Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the co01 and stated this meeting is the REGULAR MON- THLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Father Rick Dagit, Associate Pastor of St. Joseph's Catholic Church. PROCLAMATIONS: Montll of May as "Community Vision Month" receiv- ed by Burton Everist; Week of May 10-16 as "National Historic Preservation Week" received by the Dubuque Coun- ty Historical Society; May 14 thru 17 as "DubuqueFest DaYs'' received by Ruth Nash[ May 10-16 as "National Pooice Week" and May ~15th as "Police Mem- orial Day" received by Police Chief John Mauss; June 28, 1987 as "Colts Drum & Bugle Corps 'Music on the March' Day"; Week of May 10-16 as "Transpor- tation Week" received by Leo Oneye~r; May 29th as Foster Grandparent Day received by Shirley Conry; May 15th as "Sertoma Candy Day" received by Den- his Althaus; Month of May as "Mental Health Month" received by Carolyn McGloughlin. Mayor Brady swore in the Mayor pro- Tern, Council Member David Simon. Council Member Kluesner moved to suspend the rules to allow anyone pre- sent to address the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas-Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Man- nlng. Simon. Nays-None. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing providing for the amendment to the cur- rent City of Dubuque Budget for the fiscal year ending June 30, 1987, presented and read. No written objec- tions were received and no oroo objectors were present at tile hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--Non~ RESOLUTION NO. 119-87 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1987 NOW, THEREFORE, BE IT RE- SOLVED BY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Following notice published April 24, 1987 and the public hearing held May 4, 1987, the current budget (as previously amended) is amended as set out herein and in the detail by fund and activity that supports this resolution which was considered at that hearing: 203 Regular Session, May 4, 1987 Passed, approved and adopted fids 4th day of May, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kreig, Kronfeldt, Manning, Simon. Nays None. RESOLUTION NO. 120-87 A RESOLUTION FOR THE PERMANENT TRANSFER OF FUNDS WHEREAS, there is now in the hands of the Treasurer the sum of $119.000 credited to the Trust and Agency Fund; and WHEREAS, there is now in tbe hands of the Treasurer the sum of $40,781 credited to the General Obligation Bond Proceeds Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $502,000 credited to the Water Operating Fund; and WHEREAS, it is desired to transfer $119,000 from tbe Trust and Agency Fund to the Tort Liability Fund in order to cover increased general liability in- surance expense; and WHEREAS, it is desired to transfer $40,781 from the General Obligation Bond Proceeds Fund to the Debt Service Fund to close out the fund prior to the new bond issue; and WHEREAS, it is desired to transfer $502,000 from the Water Construction Fund to the Water Operating Fund for purposes of covering litigation expense ($282,000) and revenue shortfalls ($220,000). NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said sum of $661,781 as set forth above, be and the same is hereby transferred from the Trust and Agency Fund, General Obligation Pro- ceeds Fund and Water Construction Fund to the Tort Liability Fund, Debt Service Fund and Water Operating Fund 204 and the City Finance Director is directed Regular Session, May 4, 1987 to correct his books accordingly. Passed, approved and adopted tins 4th day of May, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Rceolv~tinn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesne~ Krieg, Kronfeldt, Manning, Simon. Nays--Nong Proof of publication, certified to by the Publisher, on Notice of Public Hearing to dispose of interest in the property described in a proposed Lease Agree- ment with Robert's River Rides, pre- sented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof bo received and filed. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfe~dt, Manning, Simon. Nays--None. RESOLUTION NO. 121-87 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 the 24th day of April, 1987, the City Council of the City of Dubuque, Iowa met on the 4th day of May, 1987 at 7:30 p.m. in the Public Library Auditorium, llth and Locust Street, Dubuque, Dubuque County, Iowa to con- sider the proposal for disposal of interest in the property described in the propos- ed lease with Robert's River Rides under the conditions stipulated in the lease agreement; and WHEREAS, Robert's River Rides now leases 385.80 feet of waterfrontage on the north side of the Ice Harbor in the city of Dubuque, Iowa; and WHEREAS, a mutually agreed upon revised lease agreement has been negotiated with Robert's River Rides; and WHEREAS, by Resolution No. 102-87 adopted by the City Council of the City of Dubuque on April 20, 1987 set the matter for public hearing to be held May 4. 1987; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal of termination of existing lease agreement between the City of Dubuque and Robert's River Rides, dated Feb- ruary 18, 1977 and amended April 28, 1982 and adopted a new revised lease. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest in the above described real estate be and the same is hereby approved on execu- tion of the attached lease agreement bet- ween the City of Dubuque, Iowa and Robert's River Rides. Section 2. That upon execution of this lease agreement the lease agreement be- tween the City of Dubuque and Robert's River Rides dated February 18, 1977, and omendment to that lease agreement between the City of Dubuque and Robert's River Rides dated April 28, 1982 shall be terminated. Section 3. That the Mayor is hereby directed and authorized to execute the attached lease agreement between the City of Dubuque and Robert's River Rides. 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 City Assessor, Dubuque County Recorder and Dubuque County Passed, approved and adopted this 4th day of May, 1987. James E. Brady Mayor ATTESq! Mary A. Davis City Clerk 2O5 Regular Session, May 4, 1987 Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner. Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mlttlng documents for bidding pro- cedure for the addition to the Dubuque Public Works Garage, 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 Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Sin~on. Nays--None. RESOLUTION NO. 122-87 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the Dubuque Maintenance Garage Addition, in the estimated amount of $70,000.00, are hereby approv- ed and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 4th day of May, 1987. James E. Brady Mayor ATTESq~ 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, Conncil Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon, Nays--None. RESOLUTION NO. 123.87 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its prelindnary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion of the Dubuque Maintenance Garage Addition. NOW, THEREFORE, BE 1T RE- SOLVED that on the let day of June, 1987, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may ap- pear and be hem'd for or against the pro- posed plans and specifications, form of contract and cost of said in~provement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not 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 estimated cost of the improvement. Passed, approved and adopted this 4th day of May, 1987. James E. Bmdy Mayor ATTESq] MaW A. Davis City Clerk Council Member Kronfaldt 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. RESOLUTION NO. 124-87 ORDERING BIDS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Maintenance Garage Addition is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED. that the amount of ti~e security to accompany 206 Regular Session, May 4, 1987 each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the r~eipt of said bids at 2:00 p.m. on the 21st 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 1st day of June, 1987. Passed, adopted and approved this 4th, day of May, 1987. Jmnes E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kronfaldt 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--Non~ Proof of publlcatinn, certified to by the Publisher, regarding the submitting of proposals for the disposition of the former BN Depot Property; Conm~tmica- tion of City Manager submitting infor- mation on the procedures followed by Staff in the lease offering of the former BN Depot property, presented and read. Council Member Simon moved that the proof of publication and communication be received and filed. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeidt, Manning, Simon. Nays-- None. Discussion and decision on awarding for lease the former BN Depot property located at the base of 2nd St. in the Ice Harbor Area -- Mr. Wayne Norman stated that the Galena Winery would be very attractive to this area, Council Member Simon moved that they award the Lease to the National Rivers Hall of Fame for maximum of 30 months at this time, and refened to Staff for necessary document preparation (in- cluding concern of parking & traffic etc.). Communicaton of Robert Kehl re- questing not to lease to anyone the Burl- ington Depot but Robert's River Rides, between 2nd and 3rd Sts. at this time, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. CommUnication of Robert Sandberg advising several individuals are re- questing to address the City Council regarding the Storybook Hill Children's Zoo; Copy of communication of David Lelfker to C.H. Bregman advising of in- terest to save the Storybook Hill Children's Zoo; Communicatinn of Du- buque County Board of Supervisors pro- posing that the Dubuque County Con- servation Board enter into negotiation with the City to determine whether it would be feasible for the County and City to enter into an Agreement to develop a Park Facility, presented and read. Council Member Simon moved that the communications be recoived and fil- ed and stated Councils desire to continue zoo; keep liability insurance coverage excluding zoo volunteers injury to themselves, til 10-1-87; leave the mowing equipment at the Park for use of volunteers, subject to needs of City staff, and with the understanding that Coun- cirs de facto support is temporary and for this season only with the intent that no direct outlay of funds be made for this purpose. Seconded by Conner Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Manning, Simon. Nays--Council Members Kluesner, Krieg, Kronfaldt. Communication of City Manager re- questing Council to approve the rights of Dubuque Yacht Basin, Ing to exercise an option for the lease of 3.47 acres of 207 Regular Session, May 4, 1987 208 Chaplain Schmitt Memorial Island presented and read. Council member Kronfeldt moved thai the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 125-87 EXERCISE OF AN OPTION BY DUBUQUE YACHT BASIN, INC. FOR 3.47 ACRES ON CHAPLAIN SCHMITT MEMORIAL ISLAND. WHEREAS, in a letter dated April 1, 1987 to the City of Dubuque, Dubuque Yacht Basin, Inc. has informed the City of Dubuque of its plans to exercise mi op- tlon on 3.47 acres of land on Chaplain Schmitt Memorial Island; and WHEREAS, a lease agreement dated February 5, 1974 between the City of Dubuque and Dubuque Yacht Basin, In~ paragraph 2 granted the Lessee an exclusive option to this 3.47 acres; and WHEREAS, under this lease agree- ment, Lessee was to pay $100.00 per year in consideration of this exclusive option from the date of the execution of the lease agreement; and WltEBEAS, Dubuque Yacht Basin has in fact been paying the City of Du- buque $100.00 per acre per year for reser- vations of this exclusive option; and WHEREAS, on execution of the op- tion Dubuque Yacht Basin will bc pay- ing the City of Dubuque $350.00 per year lease payments for the first five years and the sixth year the annual ten- tel will be increased by 2%; and WHEREAS, on exercise of this option lessee will have control of this land for the same term as identified in the original lease agreement of February 5, 1974; and WHEREAS, Dubuque Yacht Basin, Ina is in compliance with all other pro- visions of this lease agreement. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF TtIE CIqW OF DUBUQUE, IOWA: Section 1. That the City agrees and consents that Dubuque Yacht Basin, Inc. has the right under lease agreement dated February 5, 1974 to exercise its op- tion on 3.47 acres of land as identified on Exhibit "A" as attached to lease agreement of that date. Section 2. That the City Clerk be and she is hereby directed to file a certified copy of this resolution in the offices of Dubuque County Recorder, County Auditor and County Assesso~ Passed, approved and adopted this 4th day of May, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Krieg. C~rried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner. Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager re- questing adoption of a Resolution cancelling the $5,500,000 General Bond issue, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Simon, Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Manning. Simon. Nays--Council Member Kronfaldt, Mayor Brady moved that a communi- cation be forwarded to Haynie (Bonding Counsel) requesting to reconsider the fees in the amount of $30,000. Second- ed by Council Member Dalch. Vote on the motion was as follows: Yeas Mayor Brady, Council Members Deich, Klues- ncr. Nays--Council Members Krieg, Kronfeldt. Manning, Simon. MOTION FAILED. Regular Session, May 4, 1987 RESOLUTION NO. 126-87 located at 4th and White from the City Code, presented and read. RESOLUTION RESCINDING RESOLUTION NO. 87-87, ADOPTED APRIL 6, 1987 WHEREAS, the City Council met at 7:30 EM. on April 6, 1987, for the pur- pose of acting upon bids for the sale of $5,500,000 General Obligation Bonds; and WHEREAS, the best and most favorable bid was submitted by the Clayton Brown & Associates, Inc. of Chicago, Illinois; and WHEREAS, due to the provisions of the qhx Reform Act of 1986, the City is unable to comply with the conditions of the sale as described in the Notice of Sale dated March 23, 1987, including, but not limited to, the delivery of an opi- nion of bond counsel to the City; and WHEREAS, the City deems the following action to be necessary and in its best interests. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution Number 87-87, adopted April 6, .1987, entitled, "Resolu- tion Directing Sale of $5,500,000, Esesn- rial Corporate Purpose General Obliga- tion Bonds", be and the same is hereby rescinded. Passed and approved this 4th day of May, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kinesner, Krieg. Manning, Simon. Nays--Council Member Kronfeldt. Communication of City Manager sub- mitting two Ordinances to eliminate all reference to Municipal Parking Lot #7, Council Member Kronfeldt 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, Kronfaldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 26-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (7) OF SECTION 25-304 THEREOF TO ELIMINATE PARKING LOT NO. 7 FROM THE LISTING OF MUNICI- PALLY-OWNED PARKING LOTS, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 26-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (7) OF SECTION 25-304 THEREOF TO ELIMINATE PARKING LOT NO. 7 FROM THE LISTING OF MUNICI- PALLY--OWNED PARKING LOTS. NOW, THEI~EFORE, 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~ lows, be amend- ed by repealing Subsection (7) of Section 25-304 thereof. Passed, approved and adopted this 4th day of May, 1987. James E. Brady Mayor ATTE Sq!. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of May, 1987. Mary A. Davis City Clerk It 5/8 Council Member Kronfeldt moved that this be considered the first reading 209 Regular Session, May 4, 1987 of the Ordinance" and that the require- merit that a proposed Ordinance be con- sidered 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 adop- tion of the Ordinance. Seconded by Council Member Kfuesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner Krieg, Kronfeldt, Manning. Simon. Nays--None. ORDINANCE NO. 27-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA, BY REPEALING THE THIRD AND SIXTH UNNUMBERED PARA- GRAPHS OF SUBSECTION (2) OF SECTION 25-307 THEREOF AND ENACTING A NEW UNNUMBERED FIFTH PARAGRAPH TO SUBSEC- TION (2) OF SECTION 25-307 IN LIEU THEREOF TO PROVIDE FOR THE ELIMINATION OF PARKING LOT NO. 7 FROM THE SCHEDULE OF TIMES OF OPERATION AND FEE SCHEDULES~ presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 27-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING THE THIRD AND SIXTH UNNUMBERED PARA- GRAPHS OF SUBSECTION (2) OF SECTION 25-307 THEREOF AND ENACTING A NEW UNNUMBERED FIFTH PARAGRAPH TO SUBSEC- TION (2) OF SECTION 25-307 IN LIEU THEREOF TO PROVIDE FOR THE ELIMINATION OF PARKING LOT NO. 7 FROM THE SCHEDULE OF TIMES OF OPERATION AND FEE SCHEDULES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing the third and sixth un- numbered paragraphs of Subsection (2) of Section 25-307 thereof and enacting a new unnumbered fifth paragraph to Subsection (2) of Section 25-307 in lieu thereof as follows: "Se~ 25-307. Time and fee schedule for a specific lot. (2) Notice of such restrictions in Parking Lots Nix 3, 5, 9, and 11 shall be displayed at each lot. The owner or operator of any vehicle who shall reccive notice either per- serially or by the attaching of such notice of said vehicle if said vehicle is parked in violation of this Subsection shall, within seventy-two (72) hours from the time when such notice is served upon him/her or attached to said vehicle, pay to the City Treasurer as a penalty for such violat/on the sum of five dollars ($5.00)." Passed, approved and adopted this 4th day of May, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of May, 1987. Mary A. Davis City Clerk It 5/8 Council Member Kronfaldt moved that this be considered the first reading of the Ordinance and that the require- ment that a proposed Ordinance be con- sidered 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 adop- tion of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. PETITIONS FOR BUSINESS LICENSES: The Brewing Cix request- ing to transfer their license to Town Clock Plaza at 7th and Main St. on May 15, 16 and 17th, presented and read. 210 Regular Session May 4, 1987 Council Member Deich moved that the transfer be approved. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO, 127-87 BE IT RESOLVED by the City Coun- cfi oI the City of Dubuque" Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigaret- tes and Cigarette Papers within said City. F.W. Woolworth 555 J.F. Kennedy Rd. Passed, adopted and approved this 4th day of May 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Dcich moved adop~ tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicll, Kfuesner Krieg, Kronfeld'~t, Manning, Simon. Nays--None. RESOLUTION NO. 128-87 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 Ordi- nances of this City and have filed pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Revco Discount Drug Centers, Inc. 3049 Asbury (Also Sunday Sales) CLASS "B" BEER PERMIT Nites of the Square ~able 6th and Locust (Also Sunday Sales) Passed, adopted and approved this 4th day of May 1987. James E. Brady Mayor ATTESZ Mary A. Davis City Clerk Council Member Dcich moved adop- tion of the Resolution. Seconded by Council Member Kronfaldt, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning. Simon. Nays--None. RESOLUTION NO. 129-87 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 "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club 1800 Randall Pl. (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Timothy M. Herbex 1900 Tap 1100 Lincoln Ave. D B Q, Inc. 211 Regular Session, May 4, 1987 Shot Tower Inn 4th and Locust St. (Also Sunday Sales) Hudson's 2095 Kerper Blvd. (Also Sunday Sales) Nancy Pauly The Brewing Company 951 Main St. (Sunday Sales Only) Passed, adopted and approved this 4th day of May 1987. Jmnes E. Brady Mayor ATTESq]. Mary A. Davis City Clerk Council Member Deich 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, Simon. Nays--None. MINUTES SUBMITTED: Airport Comm. of 4-8; Cable Community Telepregramming Comm. of 4-7; Dock Co~mnission of 3-3; Five Flags Comm. of 4-20; Historic Preservation Comm. of 4-14; Housing Code Review Committee of 3-18; Housing Commission of 3-17; Park and Recreation Comm. of 4-14; Plumbing Bd. of 4-14; Pnb[lc Library Bd. of rtYustees of 4-21; Trmmit Bd. submit- ting Comparative Earnings Statement mhd Statistics for 3rd Quarter of FY '87 Civil Service Comm. of 1-27, 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, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Airport Commission Minutes of 4-21, presented and read. Council Member Kronfeldt moved that the minutes be received and filed. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich. Kluesner. Krieg, Kronfeldt. Manning, Simon. Nays-- None. Comments of Iowa Airways, Inc. ad- vising of tbeir notice to provide Air Ser- vice to Midway Airport in Chicage, presented and read. Council Member Manning moved that the matter be referred to the Airport Comm. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kinesne~; Krieg, Kronfeldt, Man- rdng, Simon. Nays--None. Dismissal Notice from Iowa DOT regarding condemnatinn for certain land known as Group "B" parcel 260 in the City of Dubuque, presented and read. Councll Member Manning moved that the notice be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- net, Krieg, Kronfeldt, Manning, Sllnon. Nays--None. Communication of Iowa DOT advising of their intent to sell tract of land described as "All of Lot 104 and tbe nor- theasterly 16.1 feet of Lot 105, Linehan Park Addition" in the City of Dubuque, presented and read, Council Member Manning moved that the communication be received and fli- ed. Seconded by Council Member Kinesner. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communications of Corporation Counsel recommending settlements of tar damage claim of Cora Banmgartner in the amount of $25; David and Peggy Driscofi for tar damage in the amount of $19.76; Tar damage claim of Harry Klotz in the amount of $52.08; Proper- ty damage claim of Delbert Link in the amount of $24.96, presented and read. Council Member Mmming moved that the communications be received and ffi~ ed and approved settlements and Finance Director to issue the proper checks. Seconded by Council Member Khiesner. Carried by the following vo~e: Yeas--Mayor Brady. Council Members Dcich, Kluesner. Krieg, Kronfeldt, Man- ning, Simon. Nays--None. 212 Communications of Corporation Counsel recommending denial and/or closure of tim following claims: Avis Rent A Car, Bernard Bedtka, Dale Budde, Henry Baal, Barbara Ca[laban, Marie Graham, Dennis Healy, Renald Key, Sr., Lyle Link, Dave & Judy Link, Steven Owens, Louis Pfohl, Marie Rooney, Charles Reiily, Mrs. Wm. Rector, John Steuer, Bill Schroeder, Mae Zoller, Meiln~ da Zigenfuss, Stephen DeWitt, David Goetzinger, Marie & Ken Kunkel, Joe Kelly, Ray Gross (2), Dick R. Howefi, Jr., Joseph & Karen Walbrun, presented and read. Council Member Manning moved that the communications be received and fil- ed and approved denials/closures. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS/SUITS: Wi[liam Kochendorfer, in amt. of $164 for cra' damages; Rebert Mann, in unknown amt. for vehicle damages and personal injuries; Mrs. Robert Mann, in unknown amt. for personal injuries; Charlotte McInerney. in unknown amt. for personal injuries; Sheila Rooney, by her father, in an unknown amt. for per- sonal injuries; Terrance D. Rooney, on behalf of his daughter, Sheila, in unknown amt. for personal injuries, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Ma,ming. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of National Rivers Hall of Fame and the Dubuque Symphony Or- chestra requesting permissinn to hold a limited aerial Fireworks Display at the 2nd St. Ice Harbor on May 16th, presented and read. Council Member Manning moved that the petition be approved. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Regular Session, May 4, 1987 Krleg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Supplement No. 29 to the Code of Ordinances, presented and read. Council Member Manning moved that the communication be received and fil- ed and approved. Seconded by Council Member Kluesner. Carried by the fo[low- ing vote: Yeas--Mayor Brady, Council ~embers Deich, Kluesner, Krieg, Kron- feldt, Manning, Simon. Nays--None. RESOLUTION NO. 130417 ADOPTING SUPPLEMENT NO. 29 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, under date of November 17, 1986 the City Council, pursuant to )rdinance 93-86, reodopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and in- cluding April 21, 1986; and WHEREAS, since April 21, 1986 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement Na 29 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa from August 18, 1986 through December 15, 1986, prepared by the Municipal Code Corporation, qhlla- hassee, Florida, hereto filed in the Office of the City Clerk of the City of Dubuqu~ Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, adopted and approved this 4th day of May 1987. 213 Regular Session May 4, 1987 James E. Brady Mayor ATTES~i~ Mary A. Davis City Clerk Council Me~nber Manning moved adoption of the Resolution. Seconded by Council Member Klnesner, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Nays-None. Communication of Rick Beecber sub- mitring his resignation from the Histeric Preservation Commission, presented and read. Council Member Manning moved that the communication be received and fil- ed and accepted the resignation with regret. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. There being no further business. Coun- cil Member Kmnfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Klnesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 8:49 p.m. Mary A. Davis City Clerk Approved _ __ 1987 Adopted 1987 Mayor Council Members ATTES~ City Clerk 214 CITY COUNCIL ~n, Ma~ 18, 1987 AND SPECIFICATIONS OFFICIAL Regular Session, May 18, 1987 Council met at 7:30 p.m., at the Public Library Auditorium. Present--Mayor Brad~, ~Councfl Mem- bers Kluesnar, Krieg, Kronfeldt, Man- ning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lfudahl. Abeant--Councfl Member Dcich. 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 properly come before the Council. PROCLAMATION(s): Week of May 17, as "Tourism Week in Dubuque" received by Marilee Harrmann. Council Member Kluesner moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. proof of publication certified to by the publisher, on Notice of Hearing on Plans and Specs., proposed form of contract and estimate of cost for the A.C.C. Resurfacfug of U.S. #20 (Dodge St.) from Grandview Ave. to 165 feet west of Bluff St., presented and read. There were no written objections received. Jerry Juergens, 2151 Clarke Drive, ques- tioned who made the estimates. Council Member Yduesner moved that the proof of publication be received and filed. Seconded by Council Member Kronfcidt. Carded by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 131417 RESOLUTION ADOPTING PLANS WHEREAS, on the 15th day of April, 1987, plans, specifications, form of con- tract and estimated cost were filed witb the City Clerk of Dubuque, Iowa, for the A.C.C. Resurfacing of U.S. #20 (Dodge Street) from Grandview Avenue to 165 feet west of Bluff Street; and WHEREAS, notice of hearing on dans, specifications, form of contract, md 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 project. Passed, adopted and approved this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for the Project AND Communication of City Manager recom- mending to award contract for bid to Tschiggfrie Excavating (28.2% under est.), presented and read. Council Member Kluesner moved that the proof and communication be receiv- ed and filed. Seconded by Council Mem- ber Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Ab- sent--Council Members Deich. 215 Regular Session, May 18, 1987 RESOLUTION NO. 132-87 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the A.C.C. Resurfacing of U.S. #20 (Dodge Street) from Grandview Avenue to 165 feet West of Bluff Street pursuant to Resolution No. 109-87 and notice to bid- ders published in a newspaper publish- ed in the City of Dubuque, Iowa on the 24th day of April, 1987. WHEREAS, said sealed proposals were opened and read on the 8th day of May, 1987 and it has been determined that the bid of Tschiggfrie Excava- ting of Dubuque in the amount of $342~231.30 was the lowest bid for the furnishing of all labor and materials smd performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to Tschiggfrie Excavating subject to the concurrence of the Iowa Department of Transporta- tion emd the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Members Delch. Proof of publication, certified to by the publisher, on Notice of Hearing on Plans and Specs., proposed form of contract and estimate of cost for the 1987 Seaicoat Project, presented and read. There were no written objections receiv- ed. Jerry Juergens, 2151 Clarke Dr. questioned if this was a rehab project or sealcoating. Council Member Kluesner 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 Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 133-87 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 15th day of April, 1987, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 1987 Sealcoat Project; 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 improvement for said project. Passed, adopted and approved this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Councll Members Kluesner, Krieg, 216 Regular Session, May 18, 1987 Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for the Project; Com- muhication of City Manager recormnend- lng to award contract for bid to River City Paving Co., (23.9% under est.), presented and read. Council Member Kluesner moved that the proof and communication be receiv- ed and filed. Seconded by Council Member Kronfeldt. '(~arried by the following vote: Yeas--Mayor Brady, Council Members Kluesner. Krieg, Kronfeldt, Manning, Simon. Nays-- Nong Absent--Council Member Deich. RESOLUTION NO. 134-87 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the 1987 Sealcoat Project pursuant to Resolution No. 106-87 and notice to bid- ders published in a newspaper publish- ed in the City of Dubuque, Iowa on the 24th day of April, 1987. WHEREAS, said sealed proposals were opened and read on the 12th day of May, 1987 and it has been detormin- ed that the bid of River City Paving, Inc. of Dubuque in the amount of $225,391.60 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 CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to River City Paving, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 18th day of May. 1987. James E. Brady Mayor ATTEST: Mary A. Da¥is City Clerk Council Member Kluesner moved adoption of Resolution No. 134-87. Seconded by Coundfl Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of Planning & Zoning Commission approving the Conceptual Development Plan for an existing ID In- stitutional District for Emmaus Bible College, 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 Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Absent--Council Member Deich. An ORDINANCE Revising Appendix A of the Code of Ordinances by approv- ing a Conceptual Development Plan for the ID Institutional District for Em- maus Bible College, presented and read. Council Member Kronfaldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1st day of June, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib- ed by law. Seconded by Council Member Manning. Catwled by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg. Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of National Associa- tion of Letter Carriers requesting eh- 217 Regular Session, May 18, 1987 forcement of the Leash Law, presented and read. Mike Birkett of the Assn. of Letter Carriers submitted dog bite statistics. Council Member Kronfeldt moved that the communication be received and Iii- ed. Seconded by Council Member Man- ning. Carried by the followfug vote: Yeas--Mayor Brady, Council Members Kfuesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Dcich. Petition of Airport Commission Chair- person requesting to expend funds to hire a Washin~on-based law firm to assist in current essential ah. service con- troversy, presented and read. Council Member Simon moved that the petition be received and filed and authorized retention of law firm penc~ng the approval of the Airport Commission; expend up to $20,000 and less if Waterloo and the Board of Supervisors (County) participates. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Man- ning, Simon. Nays--None. Abstain-- Council Member Kronfeldt. Absent-- Council Member Deich. Petition of Glenna Williams et al (86 signers) recommending that the steps between Fairvlew Place and Montrose Terrace be reopened, presented and read. Council Member Kronfehlt moved that the petition be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Ms. Williams requested that these steps be repaired as they are util- ized by many. Communication of City Manager recommending approval of lease for pro- perry known as the former BN Depot, with the National Rivers Hall of Fame, presented and read. Council Member Kronfeldt moved that this matter be tabled, referring it to the Committee. Seconded by Council Member Simon, Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Kfuesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Ab- sent--Council Member Deich. Proof of publication, certified to by the PubIisher, on Notice of Availability of Environmental Assessment for the Cedar Cross Corridor Project, AND Communication of City Manager re- questing approval of Environmental Assessment of the Dubuque Cedar Cross Corridor from U.S. #20 to High- ways 61/151/52 dated March 25, 1987 and further recommending that the Iowa DOT and the Federal Highway Administration approve the document, presented and read. Council Member Krieg moved that the proof of publication be received and fil- ed. Seconded by Council Member Klues- ncr. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None, Absent--Council Member Deich. RESOLUTION NO. 135-87 RESOLUTION ADOPTING THE EN- VIRONMENTAL ASSESSMENT OF THE DUBUQUE CEDAR CROSS CORRIDOR FROM U.S. #20 TO U.S. HIGHWAYS 61/151152 DATED MARCH 25, 1987 WHEREAS, the City Council adop- ted a Resolution #18-83 on February 7, 1983 for a contract for professional ser- vices with Brite, Petrides & Associates, Inc., Waterloo, Iowa for conducting a corridor location study for the Cedar Cross alignment; and WHEREAS,' subsequently the City Council adopted a Resolution #28-84 on February 6, 1987 to conduct a cultural resource study, phase I of the selected alignment; and WHEREAS, a further detailed cul- rural resource study identified as phase II was required for the segment of the project from U.S. #20 to North Cascade Road, with plans for a subsequent study of the second segment at a future date; and WHERE'AS, a number of meetings have been held loc~dly relative to the 218 Regular Session, May 18, 1987 selection of the corridor location and matters associated with its environmen- tal impact; and WHEREAS, copies of the Environ- mental Assessment have been submit- ted to Federal and State agencies and groups that have interest in environ- mental impacts of projects; and WHEREAS, studies and response have been made to the respective agen- cies and groups that have expressed en- vironmental concerns; and WHEREAS, a notice has been pub- lished in the Telegraph Herald on April 5, 1987 notifying the public of the op- portunity for review of the Environ- mental Assessment Study; and WHEREAS, the closing day for com- ments was May 5, 1987 and no com- ments have been received relative to the study by the Department of Public Works. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Assessment Study dated March 25, 1987 (a copy attached and considered a part hereto) for the Dubuque Cedar Cross Corridor from U.S. #20 to U.S. Highways 61/151/52 in Dubuque, Du- buque County, Iowa be hereby approved. Section 2. That copies of the vironmental Assessment be submitted to appropriate offices of the Iowa Depart- ment of Transportation and the Federal Highway Administration with the recommendation for approval by those respective agencies. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded 'bY Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Communication of City Manager sub- mitting 4 resolutions regarding the Dubuque Star Brewing Co. Expansion Project, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 136-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COM- MUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH DUBUQUE STAR BREWING COMPANY WHEREAS, under provisions of Title I of the Housing and Community Development Act of 1974, as amend- ed, the City of Dubuque has received Comnmnity Development Block Grant Funds for th~ purpose of stimulating economic development activities within the community; and. WHEREAS, the City of Dubuque, Iowa desires to assist the Dubuque Star Brewing Company in its efforts to enhance and expand its existing opera- tions; to create permanent employment opportunities for its citizens; and to en- courage the manufacture and exporta- tion of Iowa products; and WHEREAS, a Loan Agreement is to be executed by the Dubuque Star Brew- ing Company and the same hereto at- tached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse tl)e accep- tance of the City of Dubuque, Iowa upon 219 Regular Session, May 18, 1987 the Loan Agreement hereto attached, awarding a twenty-one thousand dollar ($21.000) loan to the Dubuque Star Brewing Company, according to the terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Devel- opment Block Grant entitlement fund, in accordance with the terms and con- ditions of Loan Agreement hereto attached. Passed, approved and adopted this 18th day of May. 1987 James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried hy the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- Non~ Absent--Council Member Deich. RESOLUTION NO. 137-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUN- ITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS, the Community Eco- nomic Betterment Account program (CEBA) has been created to assist in the economic deveinp~nent efforts of local jurisdictions; and WHEREAS, the City of Dubuque; Iowa has been awarded a loan from the Community Economic Betterment Ac- count (CEBA) program from the Iowa Department of Economic Development; and WHEREAS, the City of Dubuque, Iowa desires to assist the Dubuque Star Brewing Company in its efforts to enhance and expand its existing opera- tions; to create permanent employment opportunities for its citizens; and to en- courage the manufacture and exporta- tion of Iowa products; and WHEREAS, a CEBA Loan Agree- ment is to be executed between the Iowa Department of Economic Development and the City of Dubuque, Iowa and the same hereto attached and by this refererce made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tm~ce of the City of Dubuque, Iowa upon the Loan Agreement hereto attached. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Eco- nomic Betterment Account Program, in accordance with the terms and condi- tions of Loan Sub-Agreement hereto attached, Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTESq~ Mary A Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays-- Nong Absent--Council Member Deich. RESOLUTION NO. 138-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMU- NITY ECONOMIC BETTERMENT ACCOUNT LOAN SUB-AGREE- MENT WITH THE DUBUQUE STAR BREWING COMPANY WHEREAS, the City of Dubuque, Iowa has been awarded a loan from the Community Economic Betterment Ac- count (CEBA) program from the Iowa Department of Economic Development; and WHEREAS, the City of Dubuque, Iowa desires to assist the Dubuque Star 220 Regular Session May 18, 1987 Brewing Company in its efforts to en- hance and expand its existing opera- tions; to create permanent employment opportunities for its citizens; and to en- courage the manufacture and oxporta- tion of Iowa products; and WHEREAS, the City of Dubuque, Iowa has agreed to loan the amount of twenty-seven thousand and five hundred dollars ($27,500.00) to the Dubuque Star Brewing Company to assist them in their efforts to renovate the brewery's Bottle House and to ~o~gin restoration work on the exterior of their historical facility; and WHEREAS, a CEBA Loan Sub- Agreement is to be executed by the Dubuque Star Brewing Company and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, awarding a twenty-seven thousand five hundred dollar ($27,500.00) CEBA loan to the Dubuque ~ter Brewing Company, according to the terms specified therein, Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Eco- nomlc Betterment Account program, in accordance with the terms and condi- tions of Loan Sub-Agreement hereto attached. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- Non~ Absent--Council Member Deich. RESOLUTION NO. 139-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUN- ITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH DUBUQUE STAR BREWING COMPANY WHEREAS, Under provisions of Title I of the Housing and Community Devel- opment Act of 1974, as amended, the City of Dubuque has received Commun- ity Development Block Grant Funds for the purpose of stimulating economic development activities within the com- munity; and WHEREAS, the City of Dubuque, Iowa desires to create permanent employment opportunities for its citizens; and to encourage the manufac- ture and exportation of Iowa products; and WHEREAS, the City of Dubuque, Iowa has previously expressed a desire to assist the Dubuque Star Brewing Company in its efforts to enhance and expand its existing operations; and WHEREAS, a Revised Loan Agree- ment, evoking and replacing the Original Loan Agreement adopted by the City Council on the 2nd day of Februar~ 1987 is to be executed by the Dubuque Star Brewing Company and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque, Iowa upon the loan Agreement hereto attached, awarding a forty-nine thousand dollar ($49,000) loan to the Dubuque Star Brewing Company, according to the terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Devel- opment Block Grant entitlement fund, in accordance with the terms and con- ditions of the Loan Agreement hereto attached. 221 Regular Session May 18, 1987 Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Communication of City Manager re- questing acceptance of deed from Henry Koehler, owner of property at 1919 Elizabeth Place, presented and read, Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Kinesnen Carried by the following vote: Yeas-- Mayor Brad:~ Council Members Klues- ner, Krieg, Kronfaldt, Manning, Simon, Nays--None. Absent--Council Member Deich. RESOLUTION NO. 140-87 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE ON ELIZABETH PLACE WHEREAS, the City of Dubuque Community Development Department has determined that a structure located at 1919 Elizabeth Place is an unsafe structure and needs to be demolished and WHEREAS, the owner of Lot 15 in Jackson School Subdivision has offered to deed the property to the City of Du- buque at no cost to the City. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the foRewing described property. Lot 15 in Jackson School Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof. at no cost to the City of Dubuque. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Kluesnen Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None, Absent--Council Member Deich, Communication of City Manager sub- mitting amendment to City Code pro- viding authority for the City to assess ~nd collect deamup costs in connection with spills of hazardous substances, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None, Absent--Council Member Deich. ORDINANCE NO. 28-27 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING NEW SECTIONS 26-69 THROUGH 26-72 THEREOF PRO- VIDING THAT PERSONS RESPON- SIBLE FOR THE STORING, HAND- LING AND TRANSPORTATION OF HAZARDOUS MATERIALS SHALL AT THEIR OWN COST CLEAN UP ~NY SPILLS OF THOSE MATER. IALS, PROVIDING REMEDIES FOR THE CITY TO CLEAN UP SPILLS IF THE RESPONSIBLE PARTY FAILS TO DO SO, AND TO RECOVER THE COSTS OF SUCH CLEAN UP FOR THE CITY, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 28-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE 222 Regular Session, May 18, 1987 CITY OF DUBUQUE, IOWA, BY ENACTING NEW SECTIONS 26-69 THROUGH 26-72 THEREOF PRO- VIDING THAT PERSONS RESPON- SIBLE FOR THE STORING, HAND- LING AND TRANSPORTATION OF HAZARDOUS MATERIALS SHALL AT THEIR OWN COST CLEAN UP ANY SPILLS OF THOSE MATER- IALS, PROVIDING REMEDIES FOR THE CITY TO CLEAN UP SPILLS IF THE RESPONSIBLE PARTY FAILS TO DO SO, AND TO RECOVER THE COSTS OF SUCH CLEAN UP FOR THE CITY, NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by enacting new Sections 26-69 through 26-72 thereof as follows: ARTICLE IV HAZARDOUS SUBSTANCES SEC. 264~9. Purpose. In order to reduce the danger to public health, safety and welfare from the spills of hazardous substances, these regula- tions are promulgated to establish re- sponsibility for the'removal and clean up of spills within the cit~ SEC. 26-70. DEFINITIONS. The following words when used in this article shall have the following mean- ings: (a) "Hazardous waste" means thosd wastes which are included by the detini- tion in section 455B.411, subsection 3, paragraph a, Code of Iowa, and the rules of the Iowa Environmental Protection Commission. (b) "Hazardous substance" means any substance as defined in section 455B.381, subsection 1, Code of Iowa. (c) "H~zardous condition" means the same as set out in section 4~5B.381, subsection 1, Code of Iowa. (d) "Person having control over a hazardous substance" means the same as set out in section 455B.381, subsec- tion 8, Code of Iowa. (e) "Clean up" means the same as set out in section 455B.381, subsection 6, Code of Iowa. (fl "Treatment" means a method, technique, or process, including neutra- 0zatinn, designed to change the physical, chemical or biological character or com- position of a hazardous substance so as to neutralize it or to render the substance nonhazardous, safe for transport, amen- able for recovery, amenable for storage, or to reduce it in volume. "Treatment" includes any activity or processing designed to change the physical form or chemical c~mpoaltion of hazardous substance to render it nonhazardous. SEC. 26-71. CLEAN UP REQUIRED. (a) Whenever a h~zardans condition is created by the deposit, injection, dump- ing, spilling, leaking or placing of a hazardous waste or substance, so that the hazardous substance or waste or a constituent of the hazardous waste or substance may enter the environment or be emitted into the air or discharged in- to any waters, including ground water, the responsible person shall cause the condition to be remedied by a clean up, as defined in the preceding section, as rapidly as feasible to an acceptable, safe condition. The costs of dean up shall be borne by the person having control over a hazardous substance. If the person having control over a hazardous sub- ~ not cause the clean up to begin in a reasonable time in relation to the hazard and circumstances of the in- aldant, the city may proceed to procure dean up services and to bill the cost of such clean up services to the respansi- ble person. (b) If the cost ~or such clean up se~ vices is not paid within thirty (30) days, the Corporation Counsel shall proceed to obtain payment by all legal means. ~c) If the cost of the clean up is beyond the capacity of the city to finance, the City Manager shall report that fact to the City Council and immediately seek any available state or federal technical assistance and/or funds for such clean up. 223 Regular Session May 18, 1987 SEC. 26-72. NOTIFICATION (a) The first city employee who arrives at the scene of an incident involving hazardous substances shall notify the Director of Public Works. lb) The City employee, if not a police of- ficer, shall also notify the Police Depart- ment which shall notify the p~oper state office in the manner as required by law. Passed, adopted and approved this 18th day of May, 1987. James E. Brady Mayor ATTES~E Mary A. Davis City Clerk Published in the Telegraph Herald Newspaper this 27th day of May, 1987. Mary A. Davis City Clerk Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Kronfeldt. Carried by the following vote: Yeas--Mayor Bredy, Council Mem- bers Kluesner, Krieg, Kronfeldt, Man- nfug, Simon. Nays--None. Absent-- Council Member Deich. Cotmnunication of City Manager sub- mitting Ordinances regarding the restric- tion of parking on the north side of Roosevelt Street Extension, presented and read, Council Member Kronfeldt moved that tt~e communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. ORDINANCE NO. 29-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING ROOSEVELT STREEt' EX- TENSION TO SUBSECTION (c) IN SECTION 25-257 PROVIDING FOR TWO HOUR PARKING ON ROOSE- VELT STREET EXTENSION, pre- sented and read. {OFFICIAL PUBLICATION) ORDINANCE NO. 29-87 ~-N ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY AD- DING ROOSEVELT STREET EX- TENSION TO SUBSECTION (c) IN SECTION 25-257 PROVIDING FOR TWO HOUR PARKING ON ROOSE- VELT STREET EXTENSION. NOW, THEREFORE, BE IT OR- )AINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adding Roosevelt Street Extension to Subsection (c) in Section 25-257 thereof as follows: Sec. 25-257. Prohibited on Designated Streets Or Portions Thereof. (c) Time zones designated. T~o Hour Time Zones Roosevelt Street Extension, north side, from Kerper Boulevard to Ri{gore Street, Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of May, 1987. Mary A. Davis City Clerk Council Member Kronfaldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two 224 Regular Session May 18, 1987 council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. ORDINANCE NO. 30-87 AN ORDINANCE AM.ENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY AD- DING KILGORE STREET AND HAMILTON STREET EXTENSION TO SUBSECTION (d) OF SECTION 25-257 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING ON KILGORE STREET AND HAM- ILTON STREET EXTENSION, pre- sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 30-87 ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY AD- DING KILGORE STREET AND HAMILTON STREET EXTENSION TO SUBSECTION (d) OF SECTION 25-257 THEREOF PROVIDING FOR THE PROHIBIq~ING OF PARKING ON KILGORE STREET AND HAM- ILTON STREET EXTENSION. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque~ Iowa be amend- ed by adding Kilgere Street and Ham- ilton Street Extension to Subsection (d) of Section 25-257 thereof as follows: "SEC. 25~. PROHIBITED OR DESIGNATED STREETS OR PO~ T1ONS THEREOE (d) No-parking-at-any-time zones designated Kilgore Street, east side, from Roose- velt Street Extension to Ham{{ten Street Extension Hamilton Street Extension, both' sides, from Kilgore Street to Kerper Boulevard:' Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor kTTES~. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of May, 1987. Mary A. Davis City Clerk Council Member Kronfeldt moved ;hat this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidereal 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 adop- tion of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Da{ch. Communication of City Manager sub- mittfug Resolution providing for a snow and ice control and removal policy for the City of Dubuque, presented and read. Council Member Kronfaldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Krongaldt, Manning, Simon, Nays--None. Absent--Council Member Deich. RESOLUTION NO. 141-87 APPROVING A SNOW AND ICE CONTROL AND REMOVAL POLICY FOR THE CITY OF DUBUQUE, IOWA WHEREAS, Section 668.10 of the Code of Iowa provides that a municipal- ity shall not be assigned a percentage of fault for the failure to remove natural or or to place sand, salt, or other abrasive material on a highway, road, or street if 225 Regular Session May 18, 1987 the municipality establishes that it has complied with its policy or level of ser- vice for snow and ice removal or placing sand, salt, or other abrasive material on its highways, roads, or streets; and WHEREAS, the City Council has previously recognized and established a policy or level of service for the City of Dubuque as a part of its ammal budget process, and by this resolution intends to establish such policy or level of ser- vice formally under Section 668.10 of the Code of Iowa. WHEREAS, attached hereto and made a part hereof is a policy statement of the City's program or level of service for tbe control and removal of accumula- tions of snow and ice from the public ways of the City of Dubuque, Iowa; and WHEREAS, such policy statement incorporates by reference the snow and ice controllremoval program end certaln sections of the Code of Ordinances of the City of Dubuque, Iowa, relating to such programs. NOW THREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council finds that tbe attached Snow and Ice Control and Removal Policy for the City of Dubuque, Iowa, is reasonable and establishes a feasible level of service for the removal of snow and ice from the public rights-of-way within the City of Dubuque, Iowa. Section 2. That the City Council hereby adopts the attached Snow and Ice Con- trol and Removal Policy as its policy or level of service for snow and ice removal from the public rights-of-way within the City of Dubuque, Iowa. Section 3. That tbe City Clerk be and is hereby authorized and directed to publish a summary of the Snow and Ice Control and Removal Policy for tl~e City of Dubuque, Iowa. Passed, adopted and approved this 18th day of May 1987. Jmnes 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 following vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Kronfeldt, Manning, Sbnon. Nays-- None, Absent--Council Member Deich. Communication of City Manager re- questing authorization in City's par- ticipation in 1987 Federal Rental Rehabilitation Program, presented and read. 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 Klues- ncr, Krieg, Kronfeldt, Manning, Simon, Nays--None. Absent-Council Member Deich. RESOLUTION NO. 142-87 AUTHORIZING THE MAYOR TO EXECUTE STATEMENT OF INTENT TO PARTICIPATE IN FEDERAL RENTAL REHABILITA- TION PROGRAM, DIRECTING THE CITY MANAGER TO SUBMIT PROGRAM DESCRIPTION, AND AUTHORIZING THE MAYOR TO EXECUTE ALL APPLICATIONS TO PARTICIPATE IN THE RENTAL REHABILITATION PROGRAM AND THE SECTION 8 VOUCHER PROGRAM WHEREAS, the City of Dubuque has been allocated an entitlement amount of $63,000 in the Federal Rental Rehabili- tation Program for fiscal year 1987; and WHEREAS, the City of Dubuque has a need for continued rental retmbilltation assistance; and WHEREAS, the City of Dubuque has been a successful participant in the State of Iowa's Rental Rehabilitation Program for fiscal years 1984, 1985, and 1986; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL 226 Regular Session, May 18, 1987 OF THE CITY OF DUBUQUE, IOWA, that: Section 1. The Mayor is authorized and directed to submit a statement of intent for the City of Dubuque's par- ticipation in the fiscal 1987 federal en- titlement for Rental Rehabilitation Funds. Section 2. The City Manager is authorized and directed to, submit a pro- gram description similar to the currently administered program used by the City of Dubuque under contract with the State of Iowa, and the mayor is authoriz- ed and directed to sign the necessary ap- plications to support the City's state- ment of intent including, but not limited to, required legal documents for the Ren- tal Rehabilitation Program as well as the Section 8 Housing Voucher Program. Section 3. That the City of Dubuque Housing Conunission is hereby directed to conduct the necessary public hearings regarding this application as soon as possible in accordance with require- ments of Chapter 438.28 of the Code of Iowa, and to review and/or approve or suggest modifications of the plans for program design a~,~d administration of this proposed program. Section 4. That the City Manager is hereby authorized and directed to for- ward said applications and resulting standard executed contracts to the respective agencies in a timely fashion and as required by the United States Department of Housing and Urban Development. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Krleg moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Conm~unication of City Manager sub- mitring Collective Bargaining Agree- ments between the City and the Du- buque Professional Firefighters Associa- tion, Local #353; General Drivers and Helpers Union, Local #421; Amal- gamated Transit Union, Local #329; and 1988 Compensation Package and Wage Plan for nonbargaining unit employees, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Dalch. RESOLUTION NO. 143-87 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL #353 AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT WHEREAS, the Sixty-FiRh General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the Dubuque Profes- sional Firefighters Association, Local #353 is an employee organization within the meaning of Section 3(4) of the Public Employment Act; and WHEREAS, the Dubuque Profes- sional Firefighters Association, Local #353 submitted a request to bm'gain col- lectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 227 Regular Session, May 18, 1987 Section 1. That the terms of the agree- ment be accepted and the Mayor authorized to sign the collective bargain- ing agreement. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. RESOLUTION NO. 144-87 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE GENERAL DRIVERS AND HELPERS UNION, LOCAL #421 AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT WHEREAS, tbe Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421 is an em- ployee organization within the meaning of Section 3(4) of the Public Employ- ment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421 submitted a request to bargain collectivaiy on behalf of the employees within its representa- tion; and WHEREAS, bargaining between the parties has eccurred and an agreement has been concluded. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- ment be accepted and the Mayor authorized to sign the collective bargain- ing agreement. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. RESOLUTION NO: 145-87 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE AMALGAMATED TRANSIT UNION, DIVISION #329 AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT WHEREAS, tbe Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the Amalgamated Tran- sit Union, Division #329 is an employee organization within the meaning of Sec- tion 3(4) of the Public Employment Rela- tions Act; and WHEREAS, the Amalgamated Tran- sit Union, Division #329 submitted a re- quest to bargain collectively on behalf of the employees within its ~epresenta- tion; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 228 Regular Session, May 18, 1987 Section 1. That the terms of the agree- ment be accepted and the Mayor authorized to sign the collective bargain- ing agreement. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member ~luesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. RESOLUTION NO. 146-87 ADOPTING THE FISCAL YEAR 1988 COMPENSATION PACKAGE AND WAGE PLAN FOR NONBAR- GAINING UNIT EMPLOYEES WHEREAS, it has been the practice to provide a compensation package to nonbargaining unit employees similar to the compensation package to be receiv- ed by bargaining unit employees; and WHEREAS, the proposed compensa- tion package and wage plan for non- bargaining unit employees for Fiscal Year 1988 represents an increase of 3.0% consistent with the compensation package to be received by four of the City's five bargaining units in Fiscal Year 1988. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the compensation package and wage plan for nonbargaln- lng unit employees for Fiscal Year 1988, which reflects an across the board in- crease of 3.0% effective July 1, 1987, is hereby approved. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-None. Absent--Council Member Deich. City Council discussion on Format of Boards and Commissions Dinner, presented and read. Council Member Simon moved that this matter be tabl- ed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfaidt, Manning, Simon. Nays--None. Absent--Council Member Deich. APPOINTMENTS TO PLANNING & ZONING COMMISSION: Communi- cation of City Manager submitting meeting attendance record for Planning and Zoning Commission applicants who have applied for reappolntment, upon motion received and filed. Three 3-year terms which will expire 5-24-90 (terms ofW. Delauey, D. Maack, D. White). Ap- plicants: Wm. Delaney, Dorothy Fitch, Tom Giese, Gerald Guy, Dennis Maack, Nicholas Schrup, Dennis White, Judy McCoy. Mayor Brady voted for Fitch, Guy & White; Council Member Deich -- Absent; Council Member Kluesner voted for Delaney, Guy & McCoy, Coun- cil Member Krieg voted for Daianey, Guy & McCoy, Council Member Krieg voted for Dalaney, Guy & McCoy, Coun- cA1 Member Kronfeldt voted for Delaney, Fitch & Guy, Council Member Manning voted for Delaney, Fitch & Guy, Coun- cil Member Simon voted for Dalaney, Fitch & Guy. Therefore Wm. Daiauey, Dorothy Fitch & Gerald Guy appointed to 3 year terms on the Planning & Zon- ing Commission which will expire 5-24-90. RESOLUTION NO. 147-87 BE IT RESOLVED by the City Court- cfi of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cig- 229 Regular Session, May 18, 1987 arettes and Cigarette Papers within said City. Dennis Althaus Family Beverage Center 3400 Central Family Mart, Inc. Dennis A. & Jean Ann Althaus 3201 Central C. K. Of Dubuque, Inc. Country Kitchen 3187 University Lira Gee Monte Carlo Restaurant 378 Main St. Hartlg Drug Stores, Inc. 700 Town Clock Plaza Hartig Drug Stores, Inc. 2225 Central Ave. Hartig Drug Stores, Inc. 2255 J. F. Kennedy Hartig Drug Stores, Inc. 97 Locust Lucky Stores, Inc. Eagle Food Center #109 200 So. Locust Lucky Stores, Inc. Eagle Food Center #130 1800 Ehn St. Lucky Food Stores, Inc. Eagle Food Center #320 2050 J. F. Kennedy Angela Mangeno The Hard Times Tavern 1401 Elm St. Robert & Jane Mehrl Milk House #2 2311 Windsor Ave. Shirley Mihalakls River City Tap & Grill 1406 Pine St. Beverly Miller Sid's Beverage Store 260 Southern Ave. Lee W. Potter, Sr. West Locust Mart 408 West Locust Ken Fenehin Finer Foods Rest, Inc. 3130 Jackson St. Angel Investment Co. Casey's General Store 2699 Rockdale Rd. Miracle Car Wash, Inc. 255 Locust St. 1618 Central Ave. 1689 Elm St. 2600Dodge St. RenaldJ. Pothoff John W. Noonan Noonan'sTop Eugene A. Otting The Dip Top Palmer Drug C~ Riverside Bowl, Inc. 1860 Hawthorne Bruce VanGorden Vango Amoco 205 Locust St. Beecher C~, Inc. Beverage Store #2 1691 Asbury Rd. Beecher Cb, Inc. Beverage Store #1 2399 White St. Cue Master Limited Cue Master Billiards 882 Central Ave. Heinz Convenience Stores Oky Doky #7 3301 Pennsylvania Jerry L. James Neighbor's Tap 1899 Rockdale Rd. The Lincoln Co. Casey's General Store 4003 Peru Rd. LeRoy A. Miller Whitey's Bar-X 2616 Windsor Ave. Mulgrew Oil Co. Amoco Food Shop 1450 Lores Blvd. Mulgrew Oil Co. Amoco at the Bridge 351 Dodge St. Mulgrew Oil Co. Asbury Fastop 3300 Asbury Rd. Mulgrew Oil Co. Mr. Fix-It Automotive 2600 Dodge St. Allen C. Tressel Fenelon's Market 2528 Central Ave. Passed, approved and adopted this t8th day of Ma~ 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. RESOLUTION NO. 148-87 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 Or- dinances of this City and have filed pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued 230 Regular Session, May 18, 1987 to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Kevin McGiffin's Kitchen, Inc. 3500 Dodge (Also Sunday Sales) CLASS "C" BEER PERMIT Beecher Company, I1/c~ 2399 White St. (Also Sunday Sales) CLASS "E" BEER PERMIT Beecher Co., Inc. 1691 Asbury Rd. (Also Sunday Sales) Walgreen Co. 555 J.F. Kennedy (Also Sunday Sales) Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Council Member Kluesner moved adoption of the Resolu- tion. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 149-87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the stone have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rele- rant 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 appli- cant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Donna Gint er Silver Dollar 342 Main St. (Also Sunday Sales) Beverly A. Larsen Denny's Lux Club 3050 Asbury Rd. fAlse Sunday Sales) Riverside Bowl Inc. Riverside Bowl 1860 Hawthorne (Also Sunday Sales) Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. MINUTES SUBMITTED: Airport Commission of 4-12; Historic Preserva- tion Commission of 4-28; Housing Code Appeals Bd. of 4-15; Housing Code Review Committee of 3-25; Housing Commission of 4-21; Planning and Zon- ing Commission of 4-29 & 5-6; Transit Bd. of 4-9; Zoning Bd. of Adjustment of 4-23; Cable Community Teleprogram- ming Comm. of 5-5, presented and read. Council Member Manning moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas Mayor Brady, Council Members Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. NOTICES OF CLAIMS AND SUITS: John Callahan for son Kody Callahan, in amount of $106 for personal injuries; Notice of Forfeiture of real estate contract for Josel~ P & Deborah 231 .Regular Session, May 18, 1987 J. Conley; William Dress, in unknown amount for car damages; Gloria Kramer, in amount of $10,000 for personal in- juries; Gloria Kramer, in amount of $10,000 for backed-up sewer damages, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation mrd report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ncr, Krieg, Kronfcidt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of Iowa Airways sub- mitting their schedule for service be- tween Dubuque and Midway Airport at Chicago, presented and read. Council Member Manning moved that the communication be referred to the Airport Commission. Seconded by Coun- cil Member Kronfcidt. Carried by the fol- lowing vote: Yeas--Mayor Brady, Conn- cil Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Proof of publication on List of Claims paid for month of March, 1987; Proof of publication on Notice of Intent to file a release of funds for the Dubuque Trolley, Inc, Economic Development Project, presented and read. Council Member Manning moved that the proof be received and filed. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None Absent--Council Member Deinh. Petition of Dubuque Golf & Country Club requesting permission to display fireworks on July 4, 1987 on their grounds, presented and read. Council Member Manning moved that the petition be approved, subject to the approval of the City Manager. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas-- Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of Zoning Bd. of Ad- justment advising of a variance request for property known as 1210 Park St., presented and read. Council Member Manning moved that the communication be received and fil- ed, Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfcidt, Manning, Simon. Nays--Nong Absent--Council Member Deich, Communication of Merchants Bond- ing Co. submitting their Certification of Authority and Certification for the year 1987 'to be placed on file, presented and read. Council Member Mannh~g moved that the communication be received and fil- ed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of Mary S. Ransdell, Housing Commissioner, advising of her application for a housing loan on propm- ty located at 775 Hill St., presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of Kring Bros. Ice Corp. requesting amendment to the Or- dinance regarding prohibiting parking on both sides of Nightengale Lane, presented and read. Council Member Manning moved that the communication be referred to the City Manager. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kron- feldt, Manning, Simon. Nays--Nong Absent--Council Member Deich. Cormmtminatinn of Planning & Zoning Commission approving plat of Clarke 232 Regular Session May 18, 1987 Crest Estate Second Addition, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kron- faldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-None. Absent-Council Member Deich. RESOLUTION NO. 150.87 RESOLUTION APPROVING THE FINAL PLAT OF CLARKE CREST ESTATES SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Clarke Crest Estates Second Addition in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear streets to be known as Spires Drive, Kuhn Lane, a portion of Knight Court and a portion of Spires Court, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that Spires Drive, Kuhn Lane, Knight Court and Spires Court have not been improved; and WHEREAS, the City Council concum in the conditions of approval establish- ed by the City Planning and Zoning Commission. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Spires Drive Spires Court, Knigixt Court and Kuhn Lane, together with the ease- ments for public utilities as the same ap- pear upon said plat, be and the same are hereby accepted; Section 2. That the final plat of Clarke Crest Estates Second Addition 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, provided the owners of said property herein named, execute their written acceptance hereto attach- ed agreeing: a, To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Spires Drive, Spires Court, Knight Court and Kuhn Lane with bituminous concrete, or with con- crete paving with integral curb, all in ac- cordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the pIat; d. To install storm sewers and catch- basins in accordance with plans submit- ted with the plat; g qb install concrete sidewalks as re- quired by Ordinances, and where di- rected by the City Engineer and the City Manager; f. TO install boulevard street lighting in accordance with City specifications; g. TO construct the foregoing im- )rovements in accordance with plans and specifications approved by the Ci- ty Manager, under the inspection of the City Engineer, and in a manner approv- ed by the City Manager; h. To construct said improvements, except sidewalks, prior to two years from the date of acceptance of this Resolution; i. To maintain the foregoingimprove- ments for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; j. ~[b provide the foregoing construc- tion and maintenance at the sole expense of the subdivider, Dubuque Land Devel- opment Ltd., or future owner; 233 Regular Session, May 18, 1987 And further provided that said Du- buque Land Development Ltd., as owners of said subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event the owner shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval of the plat shall not be effectiw Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 150-87 I, the undersigned Dubuque Land Development, Ltd., having read the terms and conditions of the Resolution No. 150-87 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions re- quired therein. Dated at Dubuque, Iowa this 22 day of May, 1987. Dubuque Land Development, Ltd. By Edward D. Tschiggfrie President and Secretary TO: Mary A. Davis City Clerk This is to certify that tlie security pro- vided by the foregoing Resolution No. 150-87 has been furnished by the Owner. Dated at Dubuque, Iowa this 22nd day of May, 1987. W. Kenneth Gearhart City Manager Council Member Manning moved adoption of the Resolution. Seconded by Council Member Krordeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- Nong Absent-Council Member Deich. Communication of Planning & Zoning Commission approving the final plat of Subdivision of Lot 2-1 South Grandview Park Addition adjoining 870 Southern, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kron- faldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluepner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent-Council Member Deich. RESOLUTION 151-87 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVI- SION OF LOT 2 OF LOT 1 SOUTH GRANDVIEW PARK ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with tlie City Clerk a final plat of the Subdivi- sion of Lot 2 of Lot 1 South Grandview Park Addition in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinance; relating thereto, except that Lot 1-2-1 and Lot 2-2-1 have insufficient lot size and insufficient 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 1-2-1 and Lot 2-2-1 be retained with adjoining lots for development purposes; and WHEREAS, said final plat has been examined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission; 234 Regular Session May 18, 1987 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 authorized and directed to en- dorse the approval of the City of Du- buque, Iowa upon said plat, provided that the owner of said property shall ex- ecute a written acceptance hereto attach- ed, acknowledging and agreeing: (a)Lot 1-2-1 and Lot 2-2-1 be retain- ed with adjoining lots for development purposes. Section 2 That in the event the owner fails to execute the Acceptance provid- ed for in Section i herein within forty- five (45) days after the date of this Resolution~ the provisions herein shaU be null and void and the approval of the Plat shall not be effective. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTESrJ~ Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 151-87 We, the undersigned Calvin G. Chris- tians and Shame B. Christians, having read the terms and conditions of the Resolution Na 151-87 and be'mg familiar with the conditions thereof, hereby ac- cept the same and agree to ti~e condi- tions required therein. l~ated at Dubuque, Iowa this 19th day of June, 1987. By Calvin G. Christians By Sharee B. Christians Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent-Council Member Deich. Communication of City Manager re- questing approval of Funding Agree- ment between the City of Dubuque and the Washington Neighborhood Tool Library for Fiscal Year 1987-88, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kron- faldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Dalch. RESOLUTION NO. 152-87 WHEREAS, the City of Dubuque, Iowa, has negotiated with the Washing- ton Neighborhood Tool Library, Inc. to provide previously supplied services for the expressed purpose of aiding the Ci- ty of Dubuque to prevent the spread of slum and blight within the City; and WHEREAS, the terms and conditions under which Washington Neighborhood Tool Library, Inc. will be funded for pro- viding the above-described services are set forth in a Funding Agreement, a copy of which Agreement is hereto at- tached and by this reference made a part thereof; and WHEREAS, the activities as deli- neated in the Funding Agreement com- ply with the primary objectives of the Housing and Community Development Act of 1974 as amended [570.200(3)], and comply with one or more of the "Na- tional Objectives" [570.208(a)]. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa, and the Washington Neighborhood Tool Library, Inc. be and the same is hereby approved. Section 2. That the City Manager be mhd he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of May, 1987. 235 Regular Session, May 18, 1987 James E. Brady Mayor ATTES~ 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, Council Members Kluesner, Krieg, feldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communications of Corporation Counsel recommending denial of proper- ty damage claim of Mrs. Jeannette Agnitsch; Right to privacy, defamation claim of Constance Ann and Bruce Kerkenbush; Car and motorcycle acci- dent claims of Nicholas G. Saul and Chad Streff; Property damage claim of Terry Sprague, presented and read. Council Member Manning moved that the communications be received and fil- ed and approved recommendation. Seconded by Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communications of Corporation Coun- sel recommending settlements of per- sonal injury claim of Cyrfi Droesaler, in amt. of $30; Property damage claim of Wm, B. Kochenderfer, in the amt. of $161.90; Property damage claim of Moracco Supper Club, in amt. $394; Pe~ sonal injury claim of Deloras Timmer- man, in amt. of $368.20, presented and read. Council Member Manning moved that the communications be received and fil- ed and settlements approved and Fi- nance Director /:o issue the proper checks. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Absent-Council Member Deich. Peoples Natural Gas submitting their 1987 Dubuque Annual Budget Report; Community Development submitting their Annual Report; Bethany Home submitting their financial statements for years ending December 31, 1986 and 1985, presented and read. Council Member Manning moved that the reports be received and filed. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brady, Councfi Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Petition of Inez Buell requesting con- sideration be given regarding the space between the curb and the bus steps regulations, presented and read. Council Member Manning moved that the petition be referred to the City Manager. Seconded by Council Member Kro/~faldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon, Nays--None. Absent--Council Member Deich. Communication of City Manager sub- mitting Certificate of Insurance cover- ing the general liability of the Dubuque Racing Assn., presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kron- faldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Absen~Council Member Deich. Communication of City Manager re- commending approval of three destlna- tion signs to the City of Asbury along the N/W Arterial, presented and read. Council Member Manning moved that the communication be received and fil- ed and approved recommendation. Se- conded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ne~; Krleg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communications of Corporation Counsel recommending denial/closure of malicious prosecutlon claim of Joseph J. Bitter; Property damage claim of Mar- vin E. Gearhard, Sr.; Property damage claim of Wm. Hos & Ralph Lyons; Sllp and Fall claim of Barbara Kretschmer; Slip and fall claim of Gary R. Larson; 236 Regular Session, May 18, 1987 Towing bill of Larry McCoy; False arrest claim of Gino Quillici; Slip and fall claim of Mallitta Richter; Car accident claim of Joseph A. Schubert; Slip and fall claim of Patti Jo and Donald Schumacher, presented and read. Council Member Manning moved that the communications be received and fil- ed and approved recommendations. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ncr, Krieg, Kronfeldt, Manning. Simon, Nays--None, Absent--Council Member Deich. Communication of City Manager ad- vising of proposed settlement of City's interest in real estate, Irma Nagele case for Housing Rehab. Loan, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesnm; Krieg, Kronfaldt, Manning, Si~non. Nays--None. Absent-Council Member Daich. RESOLUTION NO. 153-87 ACCEPTING' OFFER OF THE ESTATE OF IRMA M, NAGELE, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EX- ECUTE LIEN RELEASE FOR CITY OF DUBUQUE HOUSING REHABILITATION LOANS UPON RECEIPT OF SETTLEMENT OFFER. WHEREAS, the City of Dubuque holds valid liens on the property of Irma M. Nagele, at 2461 Central, Dubuque, Iowa, securing loans taken out by Irma M. Nagele for housing rehabilitation in late 1980 and early 1981; and WHEREAS, the lien documents re- quire repayment if the property is sold before the end of the seven year term; and WHEREAS, the City of Dubuque liens will expire by April 5, 1988; WHEREAS, Irma M. Nagele passed away in February of 1987; and WHEREAS, the estate of Irma M. Nagele has offered partial cash settle- ment in the amount of $887.36 reflecting prorated amount of the unused deferred payment loan amount from the date of death; and NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THA~I} Section 1. The City Council accepts the offer of the estate for settlement of the liens. Section 2. That the City Manager is authorized and directed to execute lien releases for all City of Dubuque Hous- ing Rehabilitation loans which are secured by the property at 2461 Central Ava, Dubuque. Iowa, upon receipt of the $887.36 settlement from the estate of Ir- ma M. Nagele. Passed, approved and adopted this 18th day of May, 1987. James E. Brady Mayor ATTESq~. 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, Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Mary Leu Breitbach of 2450 Pearl re- quested the City check RR tracks on E. 7th St. There being no further business, Coun- cil Member Manning moved to adjourn the meeting at 9:48 RM. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent-Council Member Deich. Mary A. Davis City Clerk Approved. 1987