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1987 June Council Proceedings237 Regular Session, May 18, 1987 Adopted _ 1987 Mayor Council Members ATTESq~ City Clerk CITY COUNCIL OFFICAL Regular Session, June 1, 1987 Council Met at 7:30 p.m. at the Public Library Auditorium. Present--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W Kermoth Gearhart, Corporation Counsel Barry A. Lindahl. . . Mayor Brady read the call and stated that this is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. David Swartz, Pastor of Dubuque Bap- tist Church. 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 Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Noti~ of Public Hearing on proposed plans and specifications. proposed form of contract and estimate of cost for the Dubuque Maintenance Garage Addition, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 154-87 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 29th day of April, 1987, plans, specifications, form of con~ 1, 1987 238 tract and estimated cost were filed with the City Clerk of Dubuqu~ Iowa, for the Dubuque Maintenance Garage Addition; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 1st day of June, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon 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. Proof of publication, certified to by the Publisher, on Notice of Bidders of the Receipt of Bids for the construction of Dubuque Maintenance Garage Addition AND Communication of City Manager recommending to award contract for pro- ject, presented and read. Council Member Simon moved that the proof and communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--Nong RESOLUTION NO. 155-87 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the 239 Regular Session, June 1, 1987 Addition to Public Works Garage pur- suant to Resolution No. 124-87 and notice to bidders published in a news- paper published in the City of Dubuque, iowa on the 7th day of May, 1987. WHEREAS, said sealed proposals were opened and read on the 21st day of May, 1987 and it has been determined that the bid of Prism Corp. Southwest of Hazel Green, Wisconsin in the amount of $54,922.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to Prism Corp. Southwest and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 1st day of June, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaidt, Manning, Simon, Nays--None. Proof of publication, certified to by the Fublisher. on Notice of Public Hearing to consider an Ordinance to approve a Conceptual Development Pim~ for the ID Institutional District for Emmaus Bible College, presented and read. There were no written objections received and no oral objectors p/esent at the time of the Hearing. Council Member Simon moved that the proof be received and filed. Second- ed by Council Member Kronfaidt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kines- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 31-87 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA, THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZON- ~NG ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" TO APPROVE A CONCEP- TUAL DEVELOPMENT PLAN FOR THE tD INSTITUTIONAL DIS- TRICT FOR EMMAUS BIBLE COL- LEGE, said Ordinance having been presented and read at the Council Meeting of May 18th, presented for fur- ther action. (OFFICIAL PUBLICATION) ORDINANCE NO. 31-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZON- ING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" TO APPROVE A CONCEP- TUAL DEVELOPMENT PLAN FOR THE ID INSTITUTIONAL DIS- TRICT FOR EMMAUS BIBLE COLLEGE. WHEREAS, Emmans Bible College, owner and applicant, has filed a Concep- tual Development Plan for certain pro- perties hereinafter described in accor- dance with the provisions of the ID In- stitutional District regulations as set forth in Section 3-5.2 of the Code of Or. dinances. Appendix A thereof, of the City of Dubuque, Iowa: and WHEREAS the Planning and Zoning Commission has held a Public Hearing on said Conceptual Development Plan Regular Session June 1, 1987 240 pursuant to required published notice; and WHEREAS, the Planning and Zoning Commission has approved said Concep: tual Development Plan subject to specific conditions and restrictions hav- ing found that said Plan conforms with the review standards applicable to such plans as set forth in Section 3-5.2D(4) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission recommended the concur- rence of the City Council in approval of said Conceptual Devalopment Plan; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and held its own Pubhc Hearing on said Con- ceptual Development Plan pursuant to required published notice; and WHEREAS, the City Council has ap- proved said Conceptual Development Plan subject to the same specific condi- tions and restrictions. NOW, THEREFORE, BE IT OR- DA/NED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubffque, Iowa be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," hereby adopting and approving the Conceptual Development Plan for the following described property, to wit: Lot i of St. Rose Place and Lot 1 of Red Cross/University Park Subdivision and the adjoining public right-af-way to the center line of Asbury Read and Chancy Read, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the ID "Institutional District" and of the Zoning Ordinance, the property herein above described is subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above described ID Institutional District: (1) Principal permitted uses shall be limited to the following: (a) Colleges and University [45]. (b) Vocational Schools [45]. (c) Seminaries [45]. [45]. (d) Offices for administrative person- nel or other institutional em- ployees or affiliates [14]. (e) Churches [7], libraries, and museums [13]. (f) Classrooms, laboratories, lecture halls, auditoriums and similar places for institutional assembly [45[. (g) Off-street parking and loading [NA]. (h) Recreational or athletic facilities for the primary use and benefit of institutional residents or affil- intes [45]. (i) Single4amlly, two-family, [11] or multi-family dwelbngs for the housing of institutional residents or affiliates [9], (2) Accessory uses. The following uses shall be permitted as accessory uses in the above described ID Institutional District: (a) All uses customarily incidental to the principal permitted use in conjunction with which such ac- cessory uses operated or main- tained, but not to include com- meraial uses outside the prin- cipal building. (3) No conditional uses will be al- lowed. B. Lot and Bulk Regulations. Development of land in the ID Institu- tional District shall be regulated as follows: (1) The proposed back stop for the athletic field shall be located a minimum of 20 feet from the southern property line abutting Asbury Read. All side ~ards shall have a 20 foot aide-yard set~ back. No buildings shali be located within 100 feet from the southern pro- perty line abutting Asbury Read. C. Site Development Standards. The site development standards for this 241 Regular Session, June 1, 1987 ID Institutional District shall be established as follows: (1) The landscaping and screening requ!rements shall be established in ac- cordance with the requirements of Sec- tion 4-5 of the Zoning Ordinance of the City of Dubuque~ Iowo. The e~isting con- iferous trees along the southern proper- ty line adjoining Asbury Rdad shall be maintained in any development that occurs. (2) All other site development stan- dards of Section 4~4 shall apply (3) Lighting for the athletlc fields shall be a maximum of eighty (80) feet in height, projecting into the site. {D) Parking Requirements. The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be designated by bracket - enclosed number next to the use~ as herein described: Parking Group [ 7] 1. space for each 4 permanent [ 9] 1.5 spaces for each dwelling unit [11] 2 spaces for each dwelling unit [13] i space for each 500 sq. ft. of floor area accessible to the general public [14] 1 space for each 400 sq. It. devoted to office use or 1 space for each employee on the maximum shift whichever is greater [45] Dormitories - 1 space of each bed Gymnasiums - 1 space for each 6 Lecture Hails - 1 space for each 6 Employees - .75 spaces for each employee on the maximum shift F, Time Limitation. The timetable for construction and submittal of a Final Site Development Plan shall be established in conformance with folinwing standards: (1} The Conceptual Development Plan shall be valid for a period of five {5~ years, provided the Final Site Development Plan is submitted within five year's from the date of approval. G. Transfer of Ownership. Transfer of ownership or lease of pro- perty as an ID Institutional District shall include in the Transfer of Lease Agreement, a provision that the pur- chaser or leasee acknowledges awareness of the conditions authorizing the establishment of the district. Section 3. A Final Site Development Plan shall be approved by the City Development Planner. If found to be in conformance with the approved Concep- tual Development Plan, and if found to be in conformance with said Plan, the is- suauce of m%v necessary permits shall be permitted. Following approval of a Final Site Development Plan, no construction may take place except in substantial con- formance with such Plan. Passed, approved and adopted this 1st day of June, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published official in thie Telegraph Herald this 8th day of June, 1987. Mary A. Davis City Clerk It 6/8 Council Member Simon moved final adoption of the Ordinance, Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager in- itiating the bidding procedures for the Eagle Point Filter/Pump Building Roof Replacement, 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 Daich. Kluesner. Krieg. Kronfeldt. Man- ning, Simon. Nays-Nons RESOLUTION NO. 156~7 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Regular Session, June 1, 1987 242 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the Eagle Point Filter/Pump Building Roof Replacement, in the estimated amount of $35,000.00, are hereby approved and order filed in the office of the City Clerk for public inspection. Passed, approved add adopted this 1st day of June, 1987. James E. Brady Mayor ATTESq~ 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, CounciI Members Deich, Krieg, Kron- faidt. Manning, Simon. Nays-None. RESOLUTION NO. 157-87 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WItEREAS, the City Council of the City of Dubuqde, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- lice of the City Clerk for public inspec- tion of the Eagle Point Filter/Pump Building Roof Replacement. NOW, THEREFORE, BE IT RE- SOLVED that on the 6th day of July, 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 heard for or against the pro- posed plans and speclfications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having genera] 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 1st day of June, 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 Daich, Kluesner, Krieg, Kronfeldt. Manning, Simon. Nays-None. RESOLUTION NO. 158-87 ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BIJQUE, IOWA: That the Eagle Point Filter/Pump BuiMing Roof Replacement is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the mnount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be pub!ished in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m, on the 23rd day of June, 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 6th day of July, 1987. Passed, approved and adopted this 1st day of June, 1987. Jan~es E. Brady 243 Regular Session, June 1, 1987 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 Deich, Kluesner, Kreig, Kronfeldt, Manning, Simon. Nays-None. Communication of City Manager re- questing that the Council set a public hearing on the rezoning of the former BN Depot and surrounding properties, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady; Council Members Daich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. AN ORDINANCE Amending Code of Ordinances by revising Appendix A to reclassify property in the Second Street Ice Harbor Area from HI Heavy In- dustrial District to CR Commercial Recreation District, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and 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 klear- lng be held on the proposed Ordinance on the 15th day of June, 1987, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Second- ed by Coundfl Member Kluesner Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ne~; Krieg, Kronfeldt, Manning, Simon. Nays--Non~ Verbal recommendation of Tcanait Bd. that fare increases not be implemented because of the additional UMTA Operating Assistance not anticipated when budget was adopted. Council Member Kronfeldt moved )that they con- cur with the recommendation of the Transit Board not to increase the fare, Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Council Members Deich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--Mayor Brady. Communication of City Manager sub- mitting Lease between City and the Na- tional Rivers Hall of Fame, requesting approval subject to several stipulations (tabled from meeting of 5-18), presented and read. Council Member Krieg moved that the communication be received and filed and lease approved with the conditions that it be amended by giving 30 months for the building plus 10 ft. and 30 days for the paving and roadway; and that the fencing between the trailer and depot be aesthetically acceptable to the museum and the city and to be installed by the city at a cost not to exceed $1500. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Ordinance regulating the con- sumption of alcoholic beverages in the Hawthorne Street area, presented and 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, Simon. Nays--None. ORDINANCE NO. 32-87 An Ordinance amending the Code of Ordinances of the City of Dubuque, Iowa, by enacting a new subsection (d) to Section 9Va-30 thereof prohibiting the use of alcoholic beverages in the Haw- thorne Street area~ presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 32-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACT~ING A NEW SUBSECTION Regular Session, June 1, 1987 244 (d) TO SECTION 9Vz-30 THEREOF PROHIBITING THE USE OF ALCO- HOLIC BEVERAGES IN THE HAW- THORNE STREET AREA NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DIIBUQUE, IOWA: Section 1. That the Code of Ordinances of thc City of Dubuque, Iowa, be amend- ed by enacting a new Subsection (d) to Section 9V2-30 thereof as follows: "Sec. 9~/z-30. Activities prohibited. (d) It shall be unlawful for any per- son to use or consume alcoholic liquors, wines or beer in the Hawthorne Street area described as being that section of land bordered on the east by the Mississippi River, on the south by the Peosta Channel, on the west by the mooring slips of the Dubuque Marina, and on the north by Volunteer Drive; pro- vided, however, the dispensing of beer for consumption in the Itawthonm Street area shall be permitted by a licensed beer permit holder who has obtained written approval from the City Manager or his designee authorizing the use of the Hawthorne Steet area for such purpose." Passed, approqed and adopted this 1st day of June, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the qblegraph Herald this 8th day of June~ 1987. Mary A. Davis City Clerk It 6/8 Council Member Kronfeldt 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 Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing approval of a Purchase of Ser- vices Agreement with the Chmnber of Commerce for the fiscal year beginning July 1, 1987, covering the City's finan- cial participation in the Chamber's Con- vention and Visitor's Council, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and approved. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kron- feldt, Manning, Simon. Nays--None, Communication of City Manager re- questing approval of a Purchase of Ser- vices Agreement with the Retired Senior Volunteer Program (RSVP) for the fiscal year beginning July 1, 1987, presented and read. Couned Member Krieg moved that the communication be received and filed and approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays-None. Communication of City Manager re- questing approval of a Purchase of Ser- vices Agreement with Operation: New View for the fiscal year beginning July 1, 1987, presented and read. Council Member Krieg moved that the communication be received and filed and approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Council Discussion on format of Boards and Commissions Dinner (tabl- ed from meeting of 5/18). Council Member Manning moved that a task force be formed consisting of two Coun- cil Members (Donald Deich & Barbara Manning), Gent Wittenberg, Bob Drary and long term commissioners to look at alternatives. Seconded by Council Member Kronfaldt. Carried by the 245 Regular Session, June 1, 1987 following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 159417 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigaret- res and Cigarette Papers within said Cit~ Barr & F Enterprises, Inc. Vasco Drugs 703 Town Clock Plaza Canfield Hotel, Inc. 36 West 4th St. Yah C. Chen House o1 China 2245 J.F. Kennedy Cremer Grocery Co. 731 Rhomberg Ave. Creslanes Bowling, Inc. 255 S. Main Dodge House, Corp. Dodge House Motel 701 Dodge St. Barbara Dougherty Dougherty's United 229 West 3th St. Fischer & Company, Inc. Fischer Lanes 880 Locust St. Fischer & Company, Inc. Office Grill 9th and Main Happy's Place, Inc. 2323 Rockdaie Pl. Hog Ryan's, Inc. Hog Ryans Cabaret 1375 Locust St. Holiday Oil Dist., Inc. Derby Service Station 400 Rhomberg Holiday Oil Dist., Inc. Derby Service Station 605 Dodge St. Holiday Oil Dist.. Inc. Derby Service Station 14th & Central Holiday Oil Dist.. Inc. Derby Service Station 1685 J.F. Kennedy K-Mart Corp. 2600 Dodge St. Liberty Restaurants. Inc. Sfikas Restaurant & Lounge 401 Central Ave. Molo Oil Company Big "10" Marl 9th and Central Molo Oil Company Big "10" Marl 2100 J.F. Kennedy Molo Oil Company "76" Car Wash 1875 J.F. Kennedy Rainbo O11 Company KWIK Stop Food Mart 2255 Kerper Blvd. Rainbo Oil Company KWIK Stop Food Mart 2297 University Ave. Toansport Sales Co. KWIK Stop Food Mart 1075 Dodge St. Earl Schumacher Oky Doky Foods #5 2204 Central Ave. TFM Co. Oky Doky #6 1256 Iowa St. TFM Co. Oky Doky #11 1101 Rhomberg Ave. Sunshine Mart of Dubuque, Ltd. 430 Rhomberg Ave. Torget Stores, Inc. 3500 Dodge St. Joseph BleRe A & B Tap 2600 Central Ave. Robert J. Braltbach Oky Doky #9 51 W. 32nd St. William F. Dunne Dunne Conoco 54 Locust St. James W. Goetzinger Goetz's 2776 Jackson St. Kenneth J. Love Grand Tap 802 Central Ave. McCann's Service, Inc. 690 W. Locust Joseph Roalo The Kegger Beer Store 3412 Pennsylvania C. L. Swanson Corp. W~. Brown Restaurants Hoffman House 3100 Dodge C.L. Swanson Corp. Dubuque Municipal Airport R.R. 3 Passed, approved o~nd adopted this 1st day of June, 1987. James E. Braay Mayor ATTES~ Mary A. Davis City Clerk Council Member Dalch moved adop- tion 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--Nong RESOLUTION NO. 160-87 WHEREAS. Applications for Liquor Licenses have been submitted to this Regular Session, June 1, 1987 246 Council for approval and the same have been examined and approved; and WItEREAS, 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 app!icant(s) a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Susan J. Saffran Kennel Club 1097 Jackson Dubuque Post 6 American Legion 1306 Delhi (Also Sunday Sales) Town Clock, Inc. (Stephanie and Phillip E. Nelson) The Channel 2010 Kerper Blvd. (Also Sunday Sales) Passed, approved and adopted this 1st day of June, 1987. James E. Brady 19layor ATTES~fi Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution, Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Airport Comm. of 5-5, 5-19 & 5-22; Dubuque In Futoro, Ina of 5-13; Electrical Examin- ing Bd. of 5-11; Historic Pres. Comm. of 5-12; Park & Recreation Comm. of 5-11; Tcanslt Trastee Bd. of 5-14; Zoning Bd. of Adjustment of 5-7, presented and read. Council Member Dalch moved that the minutes be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krteg, Kronfeldt, Manning, Simon. Nays-None, NOTICES OF CLAIMS/SUITS: Carole Cushing, in amt. of $167.39 for car damages; Mary C. Folsom, in unknown amt. for personal injuries; Linda Maas, in est. amt. of $35L94 for car damages; Judy Paulsen, in amt. of $31.20 for bicycle damages; Tri-J Con- tractors, Inc. in amt. of $3,190.75 as sub- contractor for construction under prin- cipal Contractor, States Construction Co. for work done on Rockdale Rd. Bridge Project; Adallne Urbaln, in amt. of $286 for personal injuries; Cecilia M. Vosberg, in amt. of $189.76 for paint damages to car; LaVon Tropf, in amt. of $475 for car damages, presented and read. Council Member Deich moved that the claims and suits be referred to the Legal Staff for investigation and report, Seconded by Council Member Manning, Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. State Appeal Bd. subnfitting findings regarding public hearing held on the Ap- peal filed by citizens against the 1987-1988 Dubuque City Budget, presented and read, Council Member Deich moved that ti~e findings be received and filed. Second- ed by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfeldt, Manning, Simon, Nays--None. City Manager transmit~mg the Finan- cial Reports for the month of April, 1987, presented and read. Council Member Deich moved that the reports be received and filed. Seconded Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Iowa DOT advising of delaying of two highway improvement projects in Du- buque County as shown in the depart- 247 Regular Session, June 1, 1987 menus current Five Year Program, presented and read. Council Member Deich moved that this be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesnm Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Assistant City At. terney O'Brien advising of Judge's raver- sal in the Flynn Case and that a Notice of Appeal has been prepared and filed in order to vigorously pursue such appeal, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Manniug. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kiuesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel recommending settlement of personal injury claim of Robert Peil in the amount of $83; Sewer back-up claim of Marion E. Welsh in the amount of $1500, presented and read. Council Member Deich moved that the communications be received and filed and settlements approved with the Finance Director to issue the checks. Seconded by Council Member Simon. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Krleg, Mmmlng, Simon. Nays--Council Members Kluesner, Kronfeldt. Communication of Corporation Coun- sel recommending settlement of proper- ty damage claim of Patrick Green in amount of $602.00, presented and read. Coundfl Member Deich moved that the communication be received and filed and that the settlement be approved and Finance Director to issue the proper check. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. Dubuque Jaycees requesting permis- sion to conduct fireworks on July 4, 1987, presented and read. Council Member Deich moved that the request be approved, subject to the ap- proval of the City Manager. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeidt, Manning, Simon. Nays--None. John Moore spoke regarding his suit for the property on Hill St. There being no further business, Coun- cil Member Kronfeldt moved to adjourn. Seconded by Council Member Manning, Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None~ Meeting adjourn- ed -- 8:50 EM. Mary A. Davis City Clerk Approved _1987 Approved __1987 Mayor Council Members ATTESq] City Clerk Regular Sessior CITY COUNCIL OFFICIAL Regular Session, June 15, 1987. Council met at 7:30 o'clock p.m., in the Public Library Auditorium, Present -- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon, City Manager ~ Kenneth ~earhart, Corpora- tion Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR 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 Re~ Mark Moore, Associate Pastor of St. Ma~y's Catholic Church. Communication of City Manager re- questing preliminary approval for disposition of Lot 2 of Subdivision of Lot 1 of Kerper Industrial Subdivision No. 1 and set the matter for public hearing, presented and read. Council Member Kronfeidt moved that the communication be received and filed. Seconded"by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeidt, Simon. Nays--None. RESOLUTION NO. 161-87 RESOLUTION DISPOSING OF CITY INTEREST IN PROPERTY IDENTIFIED AS LOT 2 OF SUBDIVISION OF LOT 1 OF KERPER INDUSTRIAL SUBDIVISION NO. 1 IN THE CITY OF DUBUQUE, IOWA WHEREAS, John Mihalakis and Richard Billmeyer partners have ex- pressed an interest in acquiring Lot 2 of Subdivision of Lot 1 of Kerper Industrial Subdivision No. i in the City of Du- buque, Iowa; and WHEREAS, this partnership is pro- posing to construct a 40' x 200' building on this property and have tentative , June 15, 1987 248 plans for establishment of a bait and sporting goods shop in the proposed structure; and WHEREAS, Lot 2 of Subdivision Lot 1 of Kerper Industrial Subdivision No. 1 represents a square footage of 14,980 square feet and the price on this proper- ty has been established at 75¢ per square foot for a market value of $11,235.00; and WHEREAS, the partnership is will- ing to acquire this property for the cost of $11,235.00 plus cost of platting, publication and recording fees; and WHEREAS, all existing easements of record would remain in effect on this parcel. NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of itc interest in Lot 2 of Subdivision of Lot 1 of Kerper In~ dustfial Subdivision No. 1 in the City of Dubuque, Iowa, Dubuque County. Section 2. That in consideration of disposal of this property the purchasers are willing to pay the City of Dubuque $11,235.00 plus platting, publication and recording costs. Section 3. That all existing easements of record shall remain in effect on this property. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Chapter 364.7 -- Disposal of Property -- Code of Iowa, 1987 or as amended. Passed, approved and adopted this 15th day of June, 1987. James E. Brady Mayor ATTESm Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution, setting this matter for Public Hearing on July 6, 249 Regular Session, June 15, 1987 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon· Nays--None. Communication of City Manager sub- mitting documents providing for the ventilation system for Keyline Transit Facility, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon, Nays--Council Member Kronfeldt. RESOLUTION NO. 162-87 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the Ventilation System for Keyline Transit Facility, in the estimated amount of $155,000.00, are hereby ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 15th day of June, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--Council Member Kronfeldt. RESOLUTION NO. 163-87 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the 3ity of Dubuque, Iowa, has given its preliminary 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 Ventilation System for Keyline Transit Facility. NOW, THEREFORE, BE IT RE- SOLVED that on the 6th day of July, 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 heard for or against the pro- posed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general 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, speciIications, contract, or estimated cost of the improvement. Passed, approved and adopted this 15th day of June, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution, setting mat tot for P. Hearing on July 6, 1987 at 7:30 p.m. in the Public Library and that the City Clerk publish notice in the manner )rescribed by law. Seconded by Council Member Kluesner. ~arried by the Ioliow- Lng vote: Yeas--Mayor Brady. Council Members Deich Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. RESOLUTION NO. 164-87 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Ventilation System for Keyline Transit Facility is hereby Regular Sessior ordered to be advertised for bids for BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 2nd day of July, 1987. Bids shall be opened and read by the City Clerk at said time and will be sub- mitred to the Council for final action at 7:30 p.m. on the 6th day of July, 1987. Passed, approved and adopted this 15th day of June, 1987. James E. Brady Mayor ATTES'fi Mary A, Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kinesner, Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Krieg, Manning. Simon· Nays--Council Member Kronfeldt. Communication from Lyle Galliart, Chairperson of Park and Recreation Commission responding on process of development plan for Four Mounds Park and disposal of FDR Park and recom- mending Lease Agreement between City and Four Mounds Foundation, presented and read· Council Member Simon moved the rules be suspended to allow anyone pre- sent to address the Council if they so desire. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady Council Members Dcich, Kluesne~; Krieg. Kronfeldt, Man- ning, Simon. Nays-None. June 15, 1987 250 Council Member Kluesner moved that the communication be received and fil- ed and approved lease, also directed the Corporation Counsel to seek a Declar- atory Judgment on the matter. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klues- ncr, Krieg, Kronfeldt, Manning, Simon, Nays--None. Chip Murray of the Park and Rec. Commission, Frank Bertsch of the Iowa Natural Heritage Committoe and Douglas Henry, representing some of the Burden property heirs, all spoke to the matter. Communication of Stephen Hardie, Vice Chairman of the Planning and Zon- ing Commission, requesting consldera- tion be given contracting with a consul- taut to help them in the study of the 4th Street PenlnsuloJIce Harbor area from Heavy Industrial to Commorcial Recrea- tion, presented and read, Stephen Hardie & Dick Hartig spoke to the matter. Council Member Kluesner moved that the communication be received and filed. Seconded l~y Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Kronfaidt, Manning, Simon, Nays--None. Communication of Planning and Zon- ing Commission advising of tabling in- definitely the request for reclassification of property in the 2nd Street Ice Har- bor area from HI Heavy Industrial District to CR Commercial Recreation District, 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 Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Request of Jerome A. Enzler, in behalf of National Rive~ Hall of Fame, re- questing permission to sublet a portion of the BN Depot to the Dubuque Cellars Winery, presented and read. Council Member Kluesner moved that 251 Regular Session June 15, 1987 the request be received and filed. Second- ed by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon~ Nays--None. Request for City Council concurrence that the certain uses (boat building, food processing (fish), in-door restaurant and winery) are consistent with the City Council's intended use of the building when agreeing to the lease, presented and read. Council Member Kluesner moved that the request be received and filed and ap- proved concurrence with the lease to allow these modifications. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Nong Communication of City Manager re- commending City Council authorize agreement with Brutger Hospitahty Group, St. Cloud, Minnesota, to jointly investigate and develop an offering for downtown hotel project, presented and · read. Council Member Kluesner moved that the communication be received and fil- ed and approved the agreement with the Brutger Group. Seconded by Council Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning. Simon. Nays-- None. Communication of City Manager re- questing City Council's certification of Keyline's special efforts to transport the handicapped and to adopt the Keyline Transit System Program for mass trans- portation services for handicapped per- sons, presented and read. Council Member Kluesner moved that the communication be received and Iii- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTI°N NO. 1654~7 A RESOLUTION CERTIFYING THAT SPECIAL EFFORTS ARE BEING MADE BY KEYLINE FOR HANDICAPPED PERSONS WHEREAS, Keyline does provide transit service within the city; and WHEREAS, Keyline does receive UMTA Section 9 operating and capital assistance; and WHEREAS, the Urban Mass Trans- portation does require a report address- ing its nondiscrimination on the Basis of Handicap in Financial Assistance Pro- grams requirement; and WHEREAS, Keyime does provide special transit service for handicapped persons; and WHEREAS, A Program for Mass Transportation Services for Handicap- ped Persons bas been prepared by Keyline and East Central Intergovern- mental Association staff; and WHEREAS; the program has been approved by DMATS and the Trensit Advisory Board. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council does hereby certify that Keyline makes special efforts to provide service to the handicapped in its service area and hereby adopts the Keyline Transit System Program for Mass Transporto- tion Services for Handicapped Persons. Section 2. That the City Clerk is hereby authorized and directed to sub- mit a certified copy of this resolution to appropriate Urban Mass Transpor~atinn Administration officials. Passed, approved and adopted this 15th day of June. 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Regular Session, June 15, 1987 252 Council Member Kluesner ~noved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesnel Krieg, Kronfeldt, Manning, Simon. Nays--None, Communication of the City Manager requesting authorization to execute Pur- chase of Services Agreement with the Hmnane Society, presented and read, Council Member S~mon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 166-87 A RESOLUTION APPROVING A PURCHASE OF SERVICES AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE HUMANE SOCIETY AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. WHEREAS. t~e City of Dubuque does not operate its own shelter for dogs, cats and other animals which may be taken up or received pursuant to Arti- cle II of Chapter 7 of the Code of Or- dinances of the City; and WHEREAS, the Dubuque Humane Society is an incorporated society for the prevention of cruelty to animals and does maintain a shelter for the custody of lost, strayed or homeless dogs, cats or other animals and for the disposition and/or destruction of such animals not redeemed and/or diseased; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to enter into an agreement with the Du- buque Humane Society to provide animal shelter services for the City. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Purchase of Services Agreement by and between the City of Dubuque, Iowa and Dubuque Humane Society be and the same is hereby approved. Section 2. That the Mayor be and he is hereby authorized and directed to ex- ecute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of June, 1987. James E. Brady Mayor ATTES~ Mvxy A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by the Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Mayor Brady moved for an amend- ment to the Agreement adding a Section 18 to read that the Society be required to furnished written minutes of annual meetings and report to the City a list of their officers. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Mexnbers Daich, Kluesner, Kronfeldt, Manning, Simon. Nays--Council Member Krieg. Communication of City Manager Sub- ~nitting Funding Agreement between Phone-A-Friend, Inc. and authorizing and directing the City Manager to ex- ecute said Agreement on behalf of the City, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 167:87 A RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF 253 Regular Session June 15, 1987 DUBUQUE AND THE PHONE-A- FRIEND, INC. AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque~ Iowa, has negotiated with the Phone-A- Friend, Inc. to continue to provide for the seventh year services for the express purpose of aiding the City of Dubuque meet the social and economic needs of the low and moderate income persons and long-term unemployed; and WHEREAS, the terms and conditions under which Phone-A-Friend, Inc. will be funded for providing the above- described services are set forth in the Funding Agreement, a copy of which Agreement is 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 attached Funding Agreement by and between the City of Dubuque, Iowa and the Phone-A-Friend, In~ be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque. Passed, approved and adopted this 15th day of June, 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. Corried by the following vote: Yeas--Mayor Brad~ Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-None. Communication of City Manager sub- mitting Funding Agreement between the City of Dubuque and Dubuque Moln Street, Ltd., for FY '88, presented and read. Pat Friedman submitted the Business Recruitment Program and spoke to it. Council Member Simon mov- ed 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- ding, Simon. Nays--None. RESOLUTION NO. 168.87 A RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE MAIN STREET, LTD. AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque, Iowa has negotiated with Dubuque Main Street, Ltd. to provide and implement a Downtown Revitalization program; and WHEREAS, the terms and conditions under which Dubuque Main Street, Ltd. is to be funded for providing such ser- vices are set forth in a Funding Agree- ment, a copy of which Agreement is hereto attached and by this reference made a part hereof; and 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 Dubuque Main Street, Ltd. be and the same is hereby approved. Section 2. That the City Manager be and 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 15th day of June, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Regular Session, June 1, 1987 Council Member Manning. Carried by the fullowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Funding Agreement between the City and the Greater Dubuque Development Corporation for Fiscal Year 1988~ presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by 'Council Member Kluesner. Carried by the fo[lowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 169-87 A RESOLUTION APPROVING AN AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES WITH THE GREATER DUBUQUE DEVELOPMENT CORPORATION FOR FISCAL YEAR 1987-1988 AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE WHEREAS, the City Council of the City of Dubuque, Iowa desires to main- tain an economically viable community by encouraging~private sector develop- ment which produces jobs for the unemployed and expands job oppor- tunities for persons of low and moderate income; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that a program of economic development activities and the promotion of economic development opportunities through the provision of services to local business and industry and through the recruit- ment of new firms to the Dubuque labor morket is a necessary element in a pro- gram of economic enhancement; and WHEREAS, the Greater Dubuque Development Corporation is composed of representatives of the County of Dubuque, the Dubuque Area Industrial Development Corporation, the United Labor Participation Committee, the Chamber of Commerce and the City of Dubuque~ and 254 WHEREAS, the City of Dubuque has budgeted and committed certain Com- munity Development Block Grant funds for the support of the objectives and activities noted above; and WHEREAS, the Greater Dubuque Development Corporation by virtue of its experience and other profesaional qualifications has proposed to enter in- to an Age, cement for the provision of economic development services hereto attached and marked Exhibit "A'. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement for Economic Development Services, hereto attached and marked Exhibit "A', is hereby approved and the Mayor is hereby authorized and directed to ex- ecute said Agreement. Section 2. That the City Manager be and he is hereby authorized to make Such payments to the Greater Dubuque Development Corporation as are provid- ed for in the aforesaid Agreement, in an amount not to exceed $30,000 from Com- mufuty Development Block Grant funds as provided for in the FY 1988 budget, according to the terms and condi- tions for payment set forth in said Agreement. Passed, approved and adopted this 15th day of June, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing approval for the painting and repair of the Five Flags Fire Escape~ presented and read. 255 Council Member Kluesner moved that the communication be received and fil- ed and approved the expenditure. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Manning, Simon. Nays-None. Communication of City Solicitor Blum submitting legal opinion regarding a penalty in excess of $15 relating to ban- dlcapped parking spaces, AND Com- munication of City Manager submitting Ordinance regarding handicapped park- ing (tabled from meeting of 4-20-87), presented and read. Council Member Kronfeldt moved that the communications be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kranfeldt, Krieg, Man- ning, Simon. Nays--None. Council Member Kronfeldt moved that this be the first reading of an ORDINANCE Amending the Code of the City by repealing Section 25-348 and enacting a new Section 25-348 in lieu thereof, revis- ing the penal~y for improper use of han- dicapped parking spaces. Seconded by Council Member Kluesner. Council Member Kring left the Coun- cil Chambers at 9:25 EM. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays- Mayor Brady. Absent--Council Member Ktieg. Comimmicatinn of City Manager sub- mltting Ordinance regarding the "No parking" restriction along both sides of Nightengale Lane from Cedar Cross Rood to the westerly corporate limits AND Communication of Attorney David Leifker, on behalf of residents on Nightengale Lane, requesting that O~ dlnance stay as it currently reads AND Communication of Mike Adams express- ing no change in Ordinance as it is, Regular Session, June 15, 1987 Yeas--Mayor Brady. Council Members Deich, Kinesner, Kronfeldt, Manning, Simon. Nays--Nong Absent--Council Member Krieg. ORDINANCE NO, 33-87 AN ORDINANCE REPEALING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN THE "NO pARKING AT ANY TIME" ZONE DESIGNATED IN SUBSEC- TION (d) IN SECTION 25-257 THERE- OF AND ADDING CERTAIN AREAS IN THE "NO PARKING AT ANY TIME" ZONE DESIGNATED IN SUBSECTION (d) IN SECTION 25-257 IN LIEU THEREOF PROVIDING FOR NO PARKING AT ANY TIME ON NIGHTENGALE LANE, pre- sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 334~7 ORDINANCE REPEALING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN THE "NO PARKING AT ANy TIME" ZONE DESIGNATED IN SUBSEC- TION Id) IN SECTION 25-257 THERE- OF AND ADDING CERTAIN AREAS "NO PARKING ANY TIME" ZONE DESIGNATED IN SUBSEC- TION (d) IN SECTION 25-257 IN LIEU THEREOF PROVIDING FOR NO PARKING AT ANY TIME ON NIGHTENGALE LANE NOW THEREFORE, BE IT O1~ DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by deleting the following areas in Subsection Id) of Section 25-257 thereof as follows: Sec. 25-257 Prohibited on designated streets or portions thereof. presented and read. (d) No Parking at any time zones' designated. Council Member Krenfeldt moved that the communications be received ~ Nightengale Lane, both sides, from and filed. Seconded by Council Member [ Cedar Cross Road to the westerly cor- Deich. Carried by the following vote: I porate limits. Regular Session Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by adding the following areas in Subsection (d) in Section 25-257 thereof as follows: Sec. 25-257. Prohibited on designated streets or portions thereof. (d) No parking at any time zones designated. Nightengale Lane, b6th sides, from Cedar Cross Road ~outh and south- westerly to a point approximately 150 feet east of its westerly terminus; north side, 150 feet east from its westerly terminus. Passed, approved and adopted this 15th day of June, 1987. James E. Brady Mayor ATTESq~ Mary A, Davis City Clerk Published officially in the Telegraph Herald this 22nd day of June, 1987. Mary A. Davis City Clerk it 6/22 Council Member Kronfeldt 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 Deich. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Delch, Kluesner, K~nfeldt, Manning, Simon. Nays--None. Absent-- Council Member Krieg. Communicatinn of City Manager re- questing concurrence in the City's pro- posed Legislative Statements for 1988 to be submitted to the League of Municipalities, presented and read. Council Member Simon moved that the communicatinn be received and fil- ed and concurred with the Statements. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch June 15, 1987 256 Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. RESOLUTION NO. 170-87 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted g permit to sell Cigaret- tes and Cigarette Papers within said City. Velma Curran Toni's Cafe 2372 Central Ave. Lloyd Dalsing The Chateau 3750 Central Ave. Mary Demmer El Toro Lounge 1445 Central Ave. Dubuque Golf & Country Club 1800 Randall Place Gratton-Wheaton Enterprises, Inc. K & K Foods 2013 Central Ave. KC & S Concessions Five Flags 4th and Locust Miller-Neil, Inc. Ruegnitz Drug 1900 Elm Palmer-McDonough Grandview Drug 486 N. Grandview Revco Discount Drug Centers, Inc. 3049 Asbury Rd. Dan Meyer, Admiral's Hi-Hat West In~ 253 Main St. David D. Turner Finale Lounge 1701 Central Ave. William J. Baum Baum Shelter Tap 500 Rhomberg David Ungs Copper Kettle 2987 Jackson Inn's of Iowa Dubuque Inn Best Western 3434 Dodge Nash Finch Co. Econofoods Store//471 3355 JFK Circle Maryann Whelan Grendview Milk Housb 620 S. Grandvlew Hy-Vee Food Stores, Inc. Hy-Vee Food Store 3500 Dodge St. Curtis L. Gerhard Knicker's Saloon 2186 Central Catherine Meyer Meyer's Tavern 530 E. 22nd St. 257 Kristina L. Chapman Oky Daky Foods #14 1050 University Jena, Inc. Oky Doky #15 1545 S. Grandview Lynn LaPage Park Square Tavern 600 Central Judlth Sandidge The Pump 1301 Rhomberg Joseph L. Specht Specht Pipe Inn Kennedy Mall Heron, Inc. Walnut Tap 709 University David H. Hoffman The White House Tap 450 W. Locust George K. Arvanitis Busy Bee Cafe 1958 Central Ave. Eugene J. Bechen Betty & Nick's Tap 342 W. 8th Ave. James R. Ferring Dubuque Bowling Lanes 10291A Main St. Clara L. Johnson Lucky "13" Tap 385 E. 13th St. Marvel Kennedy Kennedy's Tap 3453 Jackson St. Billy Buck's Inc. Billy Buck's East St. Tap 521 E. 22nd St. William Tam - Steve Tong Rusty's Chinese Restaurant 2600 Dodge St. Will-Co. Inc. Oky Doky Foods #10 805 West 5th St. Zayre Corp Zayre #314 255 J. F. Kennedy Rd. Carroll & Judith Clark Quick Clean Laundry 1614 Lincoln My-Cap Vendors, Inc. Capital Tobacco Co. 175 West 32nd St. Steve Smith Gomer's Bar 1105 University Ave. Walter J. Kunnert Shot Tower Inn Clarke College Regular Session, June 15, 1987 J~udy Botsford 4th and Locust St. 1550 Clarke Drive American Legion Dubuque Post #6 1306 Delhi Aragon Tap (Clair Woodman) Aragon Top 1103 Iowa St. Robt. J. Kehl The Barge 2nd St. Harbor C. Burchette/P. Dunne Beanie's Cafe 1400 Central Betsy's 1027 Rhomberg John Hall Bridge Rest. & Lounge 31 Locust St. Clair Woodman Central Tap 1046 C~ntral Ave. Dave Adams Civic Center '76 5th & Locust Elaine Kelly Coach House Hiway 20 West Gerald' C. Kirchberg Cubby Bear Lounge 2303 Jackson Beverly Larson Denny's Lux Club 3050 Asbury James Kachevas Demetri's Rest. 665 Dodge Elbe Corp. Dr. R's Billiards & Ice Cream Parlor 2095 Kerper Apartments Ltd. Dubuque Mining Cb Kennedy Mall Ben. Order of Elks Elk's Lodge #297 2699 Kennedy Road John Fitzpatrick Fitzpatrick's 2600 Dodge Fret. Order of Eagles #568 Eagles Club 1175 Century Drive Ground Round Ground Round 50 JFK Road Joe Minard Heartland Inn 4025 Dodge Holiday Inn, Inc. Holiday Inn Inc. 1111 Dodge ~ Kersch Idle Hour 1555 Central Key City Bowling Inc. Imperial Lanes 3503 Steneman Road James Web Jim's Web 2093 Washington Susan Saffran Kennel Club 1097 Jackson Patricia A. Crocker King of Clubs 1902 Central Maylo Turner Lucky Lady 2417 Rhomberg Richard J. Ring Maid-Rite Restaurant 115 W. llth St. , Giunta Marco's Italian & American Food 2022 Central Angelina A. Bertolini Marie's Italian Rest. 1298 Main WCB Hotels Inc. Midway Motor Lodge 3100 Dodge Regular Session Mike Weber Mike's Ten Pin Top 601 Rhomberg Moracco Supper Club Moracco Supper Club 1413 Rockdale Road Patrlcia Lombardi Schuster Ms. Pat's New French Cafe, Inc. The New French Cafe Tim Herber Nineteen Hundred Tap Perkin's Inc. P.O. Box 174 225 E. 6th St. llO0 Lincoln 3500 Dodge 1895 JFK Road 1185 Dodge 1121 University 342 Main 2095 Kerper Perkin's Restaurant ' Rib Tickler Rib Tickler Paul E. Anthony Ring's Fine Foods Thos. Schrobllgen Schroby's, Inc. Donna Ginter Silver Dollar Soupy's Inc. Hudson's Steve Weiland Steve's University '76 2480 University Eagle Point Assoc. Inc. The Tolibridge Inn 2800 Rhomberg Stephanie Nelson Town Clock Inn Town Clock Plaza Trausch Baking Cb (Hellman Baking Co.) Trausch Bakery ~ 25 Main St. Tri-State Blind Tri-State Independent Blind Soc. 1098 Jackson United Auto Workers Loc. #94 UAW Local #94 3450 Central Marco Restaurants, Inc, Village Inn 1940 JFK Road Donna M. Ginter West DBQ Tap 1701 Asbury Gary L. Kuperschmldt Whiskey River 1064 University Passed, approved and adopted this 15th day of June, 1987. James E. Brady Mayor ATTESq]. Mary A. Davis City Clerk Council Member Kronfaldt moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the June 15, 1987 258 following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council member Krieg. RESOLUTION NO. 171-87 WHEREAS, Applications for Beer Permits have been submitted and filed to tl~is Council for approval and the same have been examined mxd approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Or- llnances of this City and have filed pro- ~er bond; NOW THEREFORE, BE IT SOLVED by the City Council of the City of Dubuque, Iowa, that the Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit, CLASS "B" BEER PERMIT Catherine M. Meyer Meyer's Tavern 530 E. 22nd St. Dubuque Jaycees Dubuque Jaycees 1023Vz Main St. CLASS "C" BEER PERMIT Gratton & Wheaten Enterprises, Inc. K & K Foods 2013 Central (Also Sunday Sales) Jena, Inc. Oky Doky Foods #15 1545 S. Grandview (Also Sunday Sales) Cremer Grocery Co: 731 Rhomberg (Also Sunday Sales) Palmer Drug Co. Grandview Drug 486 N. Grandview (Also Sunday Sales) CLASS "E" BEER PERMIT Hy-Vee Food Store, Inc. 3500 Dodge St. (Also Sunday Sales) Passed, adopted and approved this 15th day of June 1987. James E. Brady Mayor ATTESq]. Mary A. Davis City Clerk 259 R~n Council Member Kronfaldt moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kron- feldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. RESOLUTION NO. 172.87 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 applicants(s) a Liquor License. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Loyal Order of Moose Dubuque Lodge //355 12th & Main (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lloyd Dalsing The Chateau 3750 Central (Also Sunday Sales) Marvel I. Kennedy Kennedy's Tap 3453 Jackson Joter, Inc. Bridge Rest. & Lounge 3135 Locust IAlso Sunday Sales) Heron, Inc. (Ron & Helen Walner) Walnut Tap 709 University Wayne Paul Schallmeyer Paul's Tap 176 Locust St. (Also Sunday Sales) Michael John Sawvefi Butter's Bar 1700 Central (Also Sunday Sales) Crealanes Bowling, Inc. 255 S. Main IAlso Sunday Sales) James Ferrlng Dubuque Bowling Lanes (New) 1029V~ Main St. Eugene Bechen Betty & Nicks Tap (New) 342 W. 8th St. Eugene A. Otting The Dip Tap 1689 Elm St. June 15, 1987 L~le J Whalen B~g River Boat Co. (New) 1635 E. 16th St. (Also Sunday Sales) James E. Bauer Jerry's Tap 431 Rhomberg Passed, adopted and approved this 15th day of June 1987. James E. Brady Mayor ATTE~Sq~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the folinwing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays-- None, Absent--Council Member Krieg. The Brewing Co. requesting to transfer their Beer License from 951 Main St. to 9th & Town Clock Plaza on 6-19-87, presented and read. Council Member Kronfeldt moved that the request be received and filed and transfer approved. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaldt, Manning, Simon. Nays--Nong Absent-- ~ounall Member Krieg. MINUTES SUBMITTED: Cable TV Regulatory Comm. 5-20; Dock Comm. 6-2; Five Flags Comm, of 5-18; Historic Pres. Comm. of 5-26; Housing Comm, of 5-26; Planning & Zoning Comm. of 5-20 & 6-3; Public Library Bd. of Trustees of 5-19; Zoning Bd. of Adjustment, pre- sented and read. Council Me~r~ber Kluesner moved that the minutes be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. NOTICES OF CLAIMS/SUITS; Larry Abresch in amt. $93.45 for tire damage; Roger Huber in amt. of $150.80 for tire damage; Edward Kruger in est. amL of $413 for coo damage; Ohio Regular Session Casualty on behalf of Jeff & Robin McFarlane in amt. of $142 for car damage; Ben Merritt in amt. of $299 for car damage; Dubuque Savings and Loan Association vs. James R. Sullivan, City of Dubuque et al submitting Foreclosure Petition, presented and read. Council Member Kluesner moved that the notices and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Simon. Carried by the fallowing vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communication of Planning and Zon- ing Commission approving final plat of Hinz Subdivision located west of Bunker Hill Road and north of Clarke Drive, presented and read, Council Member Kluesner moved that the communicatian be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None, Absent--Conncil Member Krieg. RESOLUTION NO. 173-87 A RESOLUTION APPROVING THE FINAL PLAT OF HINZ SUBDIVISION IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of Hinz Sub- division in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Com~nission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statues and ordinances relating thereto. NOW, THEREFORE, BE IT RE; SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: June 15, 1987 260 Section 1. That the final plat of Hinz Subdivision in the City of Dubuque, Iowa be and the same is hereby approv- ed, and the Mayor and City Cle~ck are hereby authorized and directed to en- dorse the approval of the City of Du- buque, Iowa upon said final plat. Passed, adopted and approved this 15th day of June, 1987. James E, Brady Mayor ATTES~ 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 Deich, Klueaner, Kron- feldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communication of Planning and Zon- ing Commission approving final plat of he Subdivision of Lot 1 of Kerper In- dustrial Subd. Na 1 located cast of Kerper Blvd. and north of E. 19th St., ~resented and read, Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by tbe following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon, Nays--None. Absent--Council Member Krieg. RESOLUTION 174-87 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT 1 OF KERPER INDUSTRIAL SUBDIVISION NO. 1 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, them has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 1 of Kerper Industrial Sub- division No. 1 in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City planning and Zon- ing Commission and tbey find that the same conforms to the statutes and or 261 Regular Session June 15, 1987 dinances relating thereto, except that Lot 2 of the Subdlvision of Lot 1 of Kerper Industrial Subdivision N~ 1 does not have frontage on an improved public right-of-way; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the condition that Lot 2 of Subdivision of Lot i of Kerper Industrial Subdivision No. 1 in the City of Dubuque, Iowa, is not developable unless used in conjunction with a lot with sufficient frontage on a public right- of-way; 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 concum in the condition of approval established by the City Planning and Zoning Commission; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby ap- proved and the Mayor and Clerk be and are hereby authorized and directed to en- dorse the approval of the City of Du- buque upon said plat. provided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: (a) Lot 2 of the Subdivision of Lot l of Kerper Industrial Subdivision No. 1 in the City of Dubuque, Iowa is not developable unless used in conjunction with a lot with sufficient frontage on a public right-of-way, Section 2. That in the event the owner fails to execute the Acceptance provid- ed for in Section 1 herein within forty- five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, approved and adopted this 15th day of June, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution, Seconded by Council Member Siman. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Kron- feldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communications of Corporation Coun- sel recommending denials of personal in- jury claim of Adeline M. Urbaln; Sewer back-up claim of Charles J. Schnee; Pro- petty damage alaim of Carole M. Cushing; and personal injury claim of Clarence L. Armbruster; presented and read. Council Member Kluesner moved that the communications be received and fil- ed and denials approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kronfeldt, Manning, Simon. Nays-None. Absent--Council Member Krieg. Proof of publication, certified to by the Publisher, on list of Claims for month of April, 1987, presented and read. Council Member Kluesner moved that the proof be received and filed. Second- ed by Council Member Sin~on. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kines- nor, Kronfaldt, Manning, Simon. Nays-- None. Absent--Council Member Krieg. Communication of Council Member Manning advising of her intent to apply for Home Improvement Loan through the City's program, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and approved intent. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krenfeldt, Simon. Nays--None. Abstain --Council Member Manning. Absent-- Council Member Krieg. Communication of Dave Steckaland suggesting that the yield sign at Kauf- mann and Kane be exchanged with the Regular Session June 15, 1987 262 stop at the Kaufmann and Grandview in- tersection, presented and read. Council Member Kluesner moved that the communication be referred to the City Manager. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Kranfeldt, Manning, Simon. Nays--Non~ Absent-- Council Member Krieg. Simmons Airlinq Inc~ submitting pro- posals to provide essential air service at Waterloo and Dubuque to O'Hare in Chicag~ presented and read. Council Member Kluesner ~noved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the followhig vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Kronfeldt, Manning. Simon, Nays--Non~ Absent--Council Member Krieg, Communication of Sally Madden sug- gesting the possible sharing of the school/city swimming pool in the future at Senior High School, presented and read. Council Member Kronfeldt moved that the communication be received and filed and that tl~ey give concurrence on not approving or giving substance o~ ap- proval at this tinge so as to keep options open. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt. Manning, Simon. Nays--None. Abeent--Councll Member Krieg. Communicatian of City Manager recommeding acceptance of Skywatk connecting Iowa Street Parking Romp to Gallery Court, presented and read. Council Member Kinesner moved that communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Kronfeldt, Manning, Sin~on. Nays--None. Absent--Council Member Krieg. RESOLUTION NO. 175-87 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Skywalk Connecting Iowa Street Park- lng Ramp to Gallery Court has been completed and the City Manager has amined the work and filed his certificate stating that the san~e has been pleted according to the terms of the con- tract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approv- ed and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City q~easurer be and he is hereby directed to pay to the contractor from the Parking Construction Fund in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 15th day of June, 1987. James E. Brady Mayor ATTES~ 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 Dalch, Klueaner, Kronfeldt, Manning, Simon, Nays-- Nong Absent--Council Member Krieg. RESOLUTION NO. 176~87 FINAL ESTIMATE WHEREAS, the contract for the Skywalk Connecting Iowa Street Park- ing Ramp to Gallery Court has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT SOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $47,818.00 and that said amount shall be 263 paid from the parking Construction Fund of the City of Dubuque, Iowa. ' Passed, approved and adopted, this 15th day of June, 1987. James E. Brady Mayor ATTES~ 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 Deich, Kluesner Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Krieg. Communications of Corporation Counsel recommending settlements of following claims: property damage claim of Linda Moas in amt. of $351.95; Pro- petty damage claim of Judy Paulsen in amt. of $31.20, presented and read. Council Member I<luesner moved that the communications be received and fil- ed and settlements be approved and Finance Director to issue the proper checks. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communications of Corporation Counsel recommending denial/closure of the following claims: property damage of William J. Dress; Slip and fail of Charlotte Mclnernay; Property damage of CeCalia M. Vosberg, presented and Council Member Manning moved that the communications be received and fll- ed and approved recommendations. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady. Council Members Deich. Kluesner Kronfaidt. Manning, Simon. Nays--None. Absent--Council Member Krieg. John Moore objected to actions of the City in various respects. i0:lC P.M. -- Council Member Kines- June 15, 1987 ncr moved that they ge into Closed Ses- sion in accordance with Chapter 21 to discuss strategy with Counsel in mat- ters that are presently in litigation. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krordeldt, Manning, Simon. Nays--Nona Absent--Council Member Krieg. Council reconvened at 10:41 P.M. There being no further business, Coun- cil Member Deich moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khieaner, Krordeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Meeting adjourned at 10:42 P.M. Mary A. Davis City Clerk Approved 1987 Adopted. 1987 Mayor Council Members ATTES~ City Clerk Regular Session, June CITY COUNCIL OFFICAL Regular Session, June 1, 1987 Council Met at 7:30 p.m, at the Public Library Auditerium. Present--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart; Corporation Counsel Barry A. Lindahl. . - Mayor Brady read the call and stated that this is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. David Swartz, Pastor of Dubuque Bap- tist Church, 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 Deich, Kluesner, Krieg, Kranfeldt, Man- ning, Simon. Nays--None. Proof of publicption, certified to by the Publisher, on Notice of Public Hearing on proposed plans and specifications, proposed form of contract and esthnate of cost for the Dubuque Maintenance Garage Addition, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Cmmcil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kinesnen Krieg, Kronfeldt Manning, Simon. Nays--None. RESOLUTION NO. 154417 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 29th day of April, 1987, plans, specifications, form of con- 1, 1987 238 tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Dubuque Maintenance Garage Addition; and WHEREAS, notice of hearing on plans, specifications, form of contract, and es~;imated 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 improvemente for said project. Passed, adopted and approved this 1st day of June, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Simon 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. Proof of publication, certified to by the Publisher, on Notice of Bidders of the Receipt of Bids for the construction of Dubuque Maintenance Garage Addition AND Communication of City Manager recommending to award contract for pre- ject, presented and read, Council Member Simon moved that the proof m~d communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 155-87 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the