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1987 July Council Proceedings263 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 ATTEST. Mary A. Davis City Clerk Council Member Kkiesner moved adoption of the P~solutinn. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner Kronfaldt, Manning, Simon. Nays-- None. Absent--Council Member Krieg. Communications of Corporation Counsel recommending settlemente of following claims: property damage dahn of Linde Maas in amt. of $351.95; Pro- perty damage claim of Judy Paulsen in amt. of $31.20, presented and read. Council Member Kluesner moved that the communications be received and fil- ed and settlements be approved and Finance Director to issue the proper cheeks. 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. Communications of Corporation Counsel recommending denial/closure of the following claims: property damage of William J. Dress; Slip and fall of Charlotte McInerney; Property damage of CeCelia M. Vosberg, presented and read. Council Member Manning moved that the communications be received and Iii- 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--Non~ Absent--Council Member Krieg. John Moore objected to actions of the City in various respects. 10:10 P.M. -- Council Member Klues- June 15, 1987 ncr moved that they go into Closed Ses- sion in accordance with Chapter 21.5(1)c to discuss strategy with Counsel in mat- ters tha~ are presently in litigation. 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. 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, Kluesner, Kronfeldt, Manning, Simon. Neys--None. Absent--Council Member Krieg. Meeting adjourned at 10:42 P.M. Mary A. Davis City Clerk Approved__ 1987 Adopted _ 1987 Mayor Council Members ATTEST. City Clerk Regular Session July 6, 1987 264 CITY COUNCIL OFFICIAL Regular Session, July 6, 1987. Council Met at 7:30 p.m. in the Public Library Auditorium. Present -- Mayor Brady, Council Members Deich, Kreig, Manning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Council Members Kluesner, Kronfeldt. Mayor Brady read the call and stated this is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. INVOCATION was given by Pastor Ed Novak oI St. Peter's Lutheran Church. PROCLAMATIONS: July 11 as "Joe Hoerner Day" received by Bill O'Neill. July 13, 14 & 15 as "Dubuque Legi- slative Days" received by Bob Peacock. Week of July 12-18 as "Elderhostel Week" received by John Hess. Council Member Simon moved that the rules be suspended to allow anyone present to address the Council if they should so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Krieg, Manning, Simon. Neys--Nong Absent--Council Members Kluesner, Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on proposed plans and specs., proposed form of contract and estimate of cost for the VentiIation System for Keyllne Transit Facility, 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 be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfaldt. RESOLUTION NO. 177~87 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 10th day of June, 1987, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Ventilation System for Keyline Transit Facility; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT 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 esthnated cost for said improvements for said project. Passed, approved and adopted this 6th day of July, 1987. Jan~es E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Mann- ing, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. Proof of publication, certified by the Publisher, on Notice to Bidders of the Receipt of Bids for Project (contract to be awarded at meeting of 7-20-87), presented and read. Council Member Simon moved that the proof be received and filed. Second- ed by Council Member Krieg. Carried by the following vote: Yess--Mayor Brady, Council Members Deich, Krieg, Mann- ing, Simon. Nays--None. Absent-- Council Members Kinesner, Kronfeldt. 265 ~on July 6, 1987 proof of publication, certified to by the Publisher, on Notice of Public Hearing on proposed plans and specs., proposed form of contract and estimate of cost Ior the Eagle Point Filter/Pump Building Roof Replacement, presented and read. There were no written objections received and no oral objectors were pre- sent at the time of the Hearing. Council Members Simon moved that the proof be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Manning, Simon. Nays--None Absent--Council Members Kluesner, Kronfeldt. RESOLUTION NO. 178~7 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 1st day of June, 1987, plans, specification, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Eagle Point Filter/Pump Building Roof Replacement; and WHEREAS, notice of hearing on plans and specifications, form of con- tract, and estimated cost was published as required 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- tione, form of contract and esthuated cost for said improvements for said project. passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTESm Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Khiesner, Kronfeldt. Proof of publication, certified te by the Publisher, on Notice to Bidders of the Receipt of Bids for Project AND Com- munication of City Manager recommen- ding to award contract for above to Geisler Bros. Ca, presented and read. Council Member Simon moved that the proof and communication be receiv- ed and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Dalch, Krieg, Manning, Simon. Nays--Nong Absent--Council Members Klueaner, Kranfeldt. RESOLUTION NO. 179-87 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Eagle Point Filter/Pump Building Roof Replacement pursuant to Resolu- ,ion No. 158-87 and notice to bidders )ublished in a newspaper published in the City of Dubuque, Iowa on the 5th day of June, 1987. WHEREAS, said sealed proposals were opened and read on the 23rd day of June, 1987 and it has been determin- ed that the bid of Geisler Brothers Co. of Dubuque in the amount of $39,850.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for hi 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 Geisler Brothers Co. 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 6th day of July, 1987. James E. Brady Mayor Regular Session July 6, 1987 266 ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Mann- ing, Simon. Nays--None. Absent-- Council Members Khiesner, Krordeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to dispose of City's intere~t~in property identified as Lot 2 of Subdivision of Lot 1 of Kerper Industrial Subdivision No. 1, presented and read. Council Member Simon that the proof be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Khiesner, Kronfeldt. RESOLUTION NO.l~7 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 June 24, 1987, the City Coun- cfi of the City of Dub~uque, Iowa met on July 6, 1987, at 7:30 p.m. in the Public Library Auditorium, 11th and Locust Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 2 of Subdivision of Lot 1 of Kerper Industrial Subdivision N(x I in the City of Dubuque, Dubuque County, Iowa. . te the par tnership of Joim Mihalakis and Richard Bilhi~eyer; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the pro- posal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to the partnership of John Mihalckis and Richard Bilimeyer. NOW, THEREFORE, BE iT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque Coun- ty, Iowa in the property described as Lot 2 of Subdivision of Lot i of Kerper In- dustrial Subdivision No. 1 in the City of Dubuque, Dubuque County, Iowa to the ~artnership of John Mihilakis and Richard Billmeyerlbe and the san~e is hereby approve~l for the sum of $11,235.00 plus cost of platting, publica- tion and recording. Section 2. That all these easements of records shall remain in effect. Section 3. That conveyance shall be by Quick Claim Deed and the Mayor be and he is hereby authorized and directed to execute the Quick Claim Deed conveying the above described property to the part- nership of John MLhilakis and Richard Bilimeyer. Section 4. That the City Clerk be and she is hereby directed and authorized to deliver a Deed of conveyance conveying the above described real estate to the above named party upon receipt of the purchase price in full plus cost of platting, publication and recording expenses. Section 5. 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 6th day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolutior- Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfeldt. Communication of City Manager sub- mit ting documents providing for the bid- ding process for replacement of parking equipment and installation of a Security System in the Iowa Street Parking Ramp, )resented and read. 267 Regular Session J~1987 Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brad~ Council Members Daich, Krieg. Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfeldt. RESOLUTION NO. 181-87 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 Parking Equipme~t for Iowa Street Parking Ramp, in the estimated amount of $90,000.00, me hereby approv- ed and ordered filed in the office of the City Clerk for public inspection, Passed, approved and adopted this 6th day of July. 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. RESOLUTION NO. 182-87 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- 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 dans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Mann- lng, Simon. Nays--None. Absent-- Council Members Kinesner, Kronfeldt. RESOLUTION NO. 183-87 ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the parking Equipment for Iowa Street Parking Ramp is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. tion of the Parking Equipment for Iowa That the City Clerk is hereby directed Street Parking Ramp. to advertise for bids for the constraction NOW, THEREFORE, BE IT RE- of the improvements herein provided, to SOLVEDthatonthe3rddayofAugust, be published in a newspaper having 1987 a public hearing will be held at 7:30 general aireulation in the City of Du- p.m. in the Public Library Auditorium ~ buque, Iowa, which notice shall not be at which time interested persons may ap- | less than four days nor more than Regular Session July 6, 1987 268 twenty days prior to the receipt of said bids at 2:00 p.m. on the 23rd day of July, 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 3rd day of August, 1987. Passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Krieg, Mann- ing, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. Communication of P'atrlcia Care re- questing to address the Council about the Final Environmental Statement for the Highway 20 Project (from Concord St. to Bluff St.), presented and read. Council Member Simon moved that the comnmnication be received and filed and Mayor directed to express concerns to the IA DOT.,Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfeldt. Mrs. Carr spoke to the Council on behalf of the St. Joseph's St., Marion St., and Concord St. area. Petition of Tom Sherman et al (4 signers) requesting the investigation on the possibility of instituting a Sanitary Sewe~ Project for the Gillespie Street area, presented and read. Council Member Sbnon moved that this matter be referred to the city Mgr. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Krieg, Manning, SimOn. Nays--None. Absent--Council Members Kluesner, Kronfeldt. Mr. Leonard Drees question~ ed the possibility of getting a Sanitary Sewer. Communication of City Manager sub- mitring Resolutions regarding the F.H. Uelner Precision Tools & Dies Co. Relocation and Expansion Project, presented and read. Council Member Deich 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, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfeldt. RESOLUTION NO. 184-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH F.H. UELNER PRECISION TOOLS AND DIES, INC. WHEREAS, under provisions of Ti- tle I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Com- munity Development Block Grant Funds for the purpose of stimulating economic development activities within the community; and WHEREAS, the City of Dubuque, Iowa desires to assist F.H. Uelner Preci- sion Tools and Dies, Inc. in its efforts to relocate and expand its existing operations; to create permanent employ- merit opportunities for its citizens; and to encourage the manufacture and ex- portation of Iowa products; and WHEREAS, a Loan Agreement is to be executed by F.H. Uelner Precision Tools and Dies, Inc. and the same hereto and 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 one-hundred thousand dollars ($100,000) loan to F.H. Uehier Precision Tools and Dies, Inc., according to the terms specified therein. 269 Regular Session, July 6, 1987 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. Passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. RESOLUTION NO. 185-87 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1986 with the U.S. Department of Hous- ing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended, and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds: and WHEREAS an ad hoc Environmen- tal Review Committee on June 15. 1987 has after due consideration made a deter- mination that the project is not a ma- jor Federal action significantly affecting the quality of the human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. *E H. Uelner Precision Tools and Dies Company, Inc. Project Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of April 6, 1987 authorizing the submission of a re- quest to the U.S. Department of Hens- lng and Community Development to undertake the project. Passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. RESOLUTION NO. 186-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS. the Community Econ- omic Betterment Account ICEBA) pro- gram has been created by the Iowa Depar;men; of Economic Devalopmen~ to assist in the economic development el- forts of local jurisdictions: and Regular Session July 6, 1987 270 WHEREAS, the City of Dubuque, Iowa has been awarded an $80,000 grant from the Community Economic Better- ment Account (CEBA) program by the Iowa Department of Economic Develop- ment; and WHEREASi THE City of Dubuque, Iowa desires to assist the EH. Uelner Precision Tools and Dies Company, Inc. in its efforts to relocate and expand its existing operations: to create permanent omphiyment opportunities for its citi- zens: and to encourage the manufacture of Iowa products; arid WHEREAS, a CEBA Grant Agreement 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 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 Grant Agreement hereto attached. Section 2. That the City Manager be and he is hereby authorized to disburse g~ant funds from the Community Economic Betterment Account Program, in accor- dance with the terms and conditions of Grant Agreement hereto attached. Passed. approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Khiesner, Kronfaldt. RESOLUTION NO. 187-87 A RESOLUTION AUTHORIZING THE DISTRIBUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT GRANT TO THE F.H. UELNER PRECISION TOOLS AND DIES COMPANY, INC. WHEREAS, the EH. Uehier Precision Tools and Dies Company, Ina is a local tool and die manufacturer and has pro- posed the relocation and expansion of its existing operations; and WHEREAS, the City Council has con- sidered said proposal and has determin- ed that it will create high-skilled, wall- paying local employment opportunities; and WHEREAS, the said proposal will enhance the strength of the State and the local economy by aiding an Iowa manufacturing firm which exports a growing share of its products out-af- state; and WHEREAS, the City of Dubuque has applied for and received from the Com- munity Economic Betterment Account program as defined in House File 225, Acts of the 71st General Assembly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and the City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Subgrant Agreement hereto at- tached, providing for the Grant of $80,000 to F.H. Uelner Precision Tools and Dies Company, Ina according to terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse funds according to the Subgrant Agree- ment from the State of Iowa Commun- ity Economic Betterment Fund. Passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk _271 Regular Session J___uly 6, 1987 Council Member Deich moved adop- appeals by Boards and Commissions; An tion of the Resolution. Seconded by ORDINANCE Amending the Code Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Kinesner, Kronfaldt. An ORDINANCE amending the Code of Ordinances of the City Of Dubuque, Iowa, by repealing Section 25-348 and enacting a new Section 25-248 in lieu thereof revising the penalty for improper use of Handicapped Parking Places, said Ordinance having been previously pre- sented and read at the Council Meeting of June 15, 1987 presented and read for inrther discussion. Council Member Simon moved that the reading just had be considered the second reading of the Ordinanc~ Second- ed by Council Member Manning. Carried by the following vote: Yeas--Council Member Defeh, Krieg, Manning, Simon. Nays--Mayor Brady. Absent--Council Members Kinesner, Kronfeldt. Conununfeatinn of Handicapped Per- sons, Inc. submitting comments regard- lng violators of the handicapped park- ing on the City, presented and read. Council Member Simon moved that the communication be received and ill- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Council Members Deich, Krieg, Manning, Simon. Nays--Mayor Brady. Absent--Council Members Kinesner, Kronfaldt. Communication of City Manager sub- mltting Ordinances on proposed regula- tions est abilshing a process to eliminate dangerous buildings within the City, AND AN ORDINANCE Amending Code of Ordinances by enacting new Sec- tion 10-17 thru 10-26 in lieu thereof pro- riding for a procedure to remove or repair dangerous buildings, the conduc- ting of appeals from decisions of the Building Official, Assessing costs of removal of dangerous buildings and ira- posing penalties for violations of orders of the Building Official; An ORDI- NANCE Amending the Code of Or- dinances by enacting new Section 1-20 through 1-25 thereof providing a pro- cedure for the conducting of hearing Ordinances by enacting a new Section 2488 thereof authorizing the Civil Ser- vice Commission to adopt its own rules governing the conduct of hearing ap- peals, presented and read. Council Member Daich moved that the communication and Ordinances be tabl- ed to the next meeting. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--Non~ Absent-- Council Members Kluesner, Kronfeldt. Communication of City Manager sub- mitring 10 ordinances to amend various ~ections of the City Code relating to the )arking system under the jurisdiction of the City, was 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 Deich, Kreig, Manning, Simon. Nays--None. Absent--Council Members Khiesner, Kronfeldt. The following ordinances were pre- sented and read: AN ORDINANCE Amending the Code of Ordinances by enacting a new Section 25-305 and sub- section (1) and the first unnumbered ~aragraph of Section 25-307 in lieu thereof providing for parking meters in Lot 10 in Town Clock Plaze; AN ORDI- NANCE Amending the Code of Ordi- nances by enacting new subsections (2) and (7) of Section 25-274 in lieu thereof increasing the fines for illegal alley parking and street storage; AN OR- DINANCE Amending the Code of Ordi- nances by repealing subsection (2) of Sec- tion 25-328 and enacting a new subsec- tion (5) to Section 25-327 and a new subsection (2) to Section 25-328 in lieu thereof establishing parking meter District D and the parking meter rate and maximum parking time for parking meter District E; AN ORDINANCE Amending Code of Ordinances by deleting certain areas in parking meter Districts A and C in Section 25-326 thereof and adding cextain areas in Park- lng Meter Districts A, B, C, D and E in Section 25-326 in lieu thereof providing Regular Session July 6, 1987 272 for the placement of certain parking meter spaces in other districts; AN OR- DINANCE Amending Code of Ordi- nances by deleting Bluff Street between Third and Fourth Streets from the two house time limit parking zone in subsec- tion (c) of Section 25-257 thereof pro- viding that Bluff Street between Third and Fourth Streets be placed in the two hour Parking Meter District B; AN OR- DINANCE Amending Code of Ordi- nances by repealing Section 25-308 and subsection (b) of S~c. tinn 25-325 in lieu thereof and enacting a new Section 25-308 and a subsection (b) of Section 25-325 in lieu thereof providing that the hours of operation for all parking meters shall be from 8:00 A.M. to 5:00 EM. Monday through Saturday, except holidays; AN ORDINANCE Amending Code of Ordinances by enacting a new Section 25-221 thereto providing for the issuance of Parking Meter Hoods/ Placards upon prepayment of a fee; AN ORDINANCE Amending Code of Ordi- nances by repealing Section 25-347 thereof and enacting a new subsection 25-347 in lieu thereof providing for the use of handicapped parking signs bear- ing the International Symbol of Ac- cessibliity; AN ORDINANCE Amen- ding Code of Ordinances by enacting a new subsection (12) to Section 25-304 and a new subsection (4) to Section 25-307 thereof~providing for the designa- tion and use of the Municipal Parking Lot located in the Second Street Harbor Arco; AN ORDINANCE Amending the Code of Ordinances by repealing Section 25-349 and enacting a new Section 25-349 in lieu thereof providing for the impoundment of motor vehicles illegal- ly parked in Handicapped Parking Spaces. Council Member Krieg moved that the readings just had be considered the first reading of the Ordinances. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Kinesner. Kronfaldt. Conmaunicatinn of City Manager recommending to approve the Historic Preservation Commission's request to forego the appointment of additional members and to extend the terms of those currently serving on the Board, presented and read. Council Member Manning moved that the communicatinn be received and fil- ed and approve the recommendation to delay appointment for six months. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kluesner, Kronfeldt. Council Member Krieg moved that appointments to the Park & Recreation Commission and Library Board be defer- red to 7/20/87. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich. Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfeldt. Gene Thompson, Park & Rec. Board Member, requested reappointment to that Board. The Brewing Cb requesting to transfer their Ciass"B" Beer Permit to 9th & Town Clock Plaza on 7/10/87, presented aud read. Council Member Daich moved that the transfer request be approved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Krieg, Mann- ing, Simon. Nays--None. Absent-- Council Members Kinesner, Kronfaldt. RESOLUTION NO. 188-87 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that ~he 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 Cigaret- tee and Cigarette Papers within said City. ARA Services, Inc. FDL Food, Inc. Cafeteria 701 E. frith St. ARA Services, Inc. Wm. C. Brown Publisher's 2460 Kerper Blvd. ARA Services, Inc. Flexsteel Industries, Inc. 3200 Jackson St. ARA Services, Inc. A.Y. McDonald 4800 Chavenelle Rd. 273 Regylar Session July 6, 1987 Nelda A. Bennet The Old Shang 1091 Main St. Eagle Point Tavern, Ltd. Windsor Tap 2401 Windsor Ave. Grandma's Pantry, Inc. SBkas Restaurant 401 Central Ave, Wayne P. Schollmeyer Paul's Tavern 176 Locust St. ARA Services, Inc. Dubuque Greyhound Park Schmidt Island FDL Foods, Inc. Retail Store Kevin C. Kruser K.C;s AMOCO Phillip R. Love The Lounge 701 East 16th St. Pennsylvania & JFK 481 Locust St. Passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member De{ch moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members De{ch, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. RESOLUTION NO. 1894~7 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- cup{ed 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 RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Pusateri Bros., Inc. Pusateri Peppe Pizza 2400 Central CLASS "C" BEER PERMIT Kristina Chapman OKY Doky #14 1050 University (Also Sunday Sales) Heinz Convenience Stores, Inc. Oky Doky #7 3301 Pennsylvania (Also Sunday Sales) Passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTESm Mary A. Davis City Clerk Council Member De{ch moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members De{ch, Krieg, Mann- ing, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. RESOLUTION 190.87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approvai and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fei{owing named appli~ cant(s) a Liquor Licensg CLASS "B" {HOTEL-MOTEL) BEER AND LIQUOR LICENSE WCB Restaurants, Inc. Hoffman House Rest. 3100 Dodge (Also Sunday Relesl CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kenneth Jerome Love Grand Tap 802 Central (Also Sunday Sales) Regular Session July 6, 1987 274 House of China Co. House of China 2235 J.F.K. (Also Sunday Sales) Fitzpatrick's Ltd. 2600 Dodge Fischer & Company, Inc. Fischer Bowling Lanes 880 Locust {Also Sunday Sales) Curtis L. Gerhard Knicker's Saloon 2186 Central (Also Sunday Sales) Michael F. Pusateri ' MerCurin's Italian Rest. & Lounge 1555 J.F.K. 1555 J.F.K. (Also Sunday Sales) Passed, adopted, and approved this 6th day of July 1987. James E: Brady Mayor ATTESt. Mary A, Davis City Clerk Council Member De{ch moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas-Mayor Brady, Council Members De{ch, Krieg. Man- ning, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfaldt. MINUTES SUBMITTED: Airport Comm. of 6-2; Civil Service Comm. of 4-28 & 5-7; Historic Pres. Comm. of 6-9 Housing Code Appeals Bd. of 5-27 & 6-18; Human Rights Comm. of 6-8; Park & Recreation Corem. of 6-9; Public Library of 5-19 & 6-17; Planning & Zon- ing Comm. of 6-17, presented and read. Council Member Manning moved that the minutes be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members De{ch, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfaldt. NOTICES OF CLAIMS & SUITS: Phyllis Adams in amount of $605.68 for personal injuries; Avenue Tap, in amount of $1,521.19 for property damages; Ed Carew, in unknown amount for personal injuries; Dee Ann Duffle, in unknown amount for personal injuries; Cletus Golinvaux, Roger O'Brlen, Dave Weis, Cyril Oswald & David DeBolt vs. City of Dubuque et ai for back payments due on their pension or service retirement allowance; Richard Nelson, in amount of ;377.45 for personal injuries; Lonnie R. Paul vs. City of Dubuque, in amount of $3000 for personal injuries; John Raper in amount of $795 for personal injuries; Rick Schmitt, in unknown amount for car damages; John Moore submitting Petition for repeal of Resolution No, 54~87, a copy of letter to the President of the U.S., Notice of Service of Notice of Default, Notice before Small Claims Court in amount of $150; Alfrieda Miersen, in amount of $139.85 for per- sonal injuries; Diane Harris, in est{- mated amount of $189.76 for car dam- ages, 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 Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members De{ch. Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfeldt. Communications of Corporation Counsel Lindahl recommending denial/closure of personal injury claim of Iohn Callahan for his son Kody Caliahan; Property damage claim of Roger Huber; Property damage claim of Ben Merritt; Property damage claim of Edward Krueger; Property damage claim of LaVon Tmpf, presented and rea& Council Member Manning moved that the communications be received and fil- ed and approved recommendations. Seconded by Council Member Krieg. Carried by the in{lowing vote: Yeas-- Mayor Brady, Council Members De{ch, Krieg. Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfeldt. Communication of Corporation Counsel recommending settlement of personal injury and property damage claim of Robert Becker in amount of $3500, presented and read. Council Member Manning moved that the communication be received and filed 275 and approved settlement and Finance Director to issue the proper checks. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfeldt. Regular Session July 6, 1987 Krieg, Manning, Simoh. Nays--None. Absent--Council Members Kluesner, (ronfeldt. Petition of Pete Sfikas requesting re- fund on $100 on unused Cigarette Per- ' mit, presented and read. Council Member Manning moved that the refund be approved and Finance Director to issue the check. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfaldt. Communication of City Manager ad- vising of listing of Market Place Du- buque Property for sale by Dubuque In Futuro, Ink, presented and read. Council Member Manning moved that the communication be received and ill- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kinesner, Kronfeldt. Copy of letter from IA DOT to Arnie Honkamp advising of appropriation of monies for the purpose of terminal ira- provement at "Essential Air Service" Airports, presented and read. Council Member Manning 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, Krieg, Manning, Simon. Nays-None. Absent-Council Members Kinesner, Kronfeldt. Communication of City Manager sub- mltting Financial Reports for the month of May, 1987, presented and read. Council Member Manning 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, Communication of Richard Firzlaff & Diane Kennedy disclosing their interest in participating in a City funded Loan Program, presented and read. Council Member Manning moved that the communication be received and fil- ed and approved. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Krieg, Manning, Simon. Nays--Nona Absent~-Council Members Kinesner, Kronfaldt. Petition of Dubuque Jaycees re- questing permission to display fireworks on July 13th in vicinity of Eagle Point Park, in connection with Legislative Days, 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 Kcieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Mann- ing, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. Communication of Iowa Airways, Inc. submitting their proposal to provide Essential Air Service in the Dubuque- Chicago Market, presented and read. Council Member Manning 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, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kinesner, Kronfeldt. Communication of City Manager re- questing authorization to publish Notice of Environmental Review Findings for the Dubuque Data Services Project, presented and read. Council Member Manning 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, Krleg, Manning, Simon. Nays--None. Absent--Council Members Kinesner, Kronfeldt. ~on July 6, 1987 276 RESOLUTION NO. 191-87 Passed, approved and adopted this 6th A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1986 with the U.S. Department of Hous- lng and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen- tal Review Committee on June 15, 1987 has after due consideration made a deter~ ruination that the project is not a ma- jor Federal action significantly affecting the quality of the human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Sig- nificant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public in- spection. Such notice shall be in the form of Exhibit 'W: attached hereto and made a part hereof. * Dubuque Data Services Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of April 6, 1987 authorizing the submission of are- quest to the U.S. Department of Hone- ing and Community Development to undertake the project. day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krleg, Man- ning, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. Communication of planning & Zohing Commission approving final plat of Clarke Crest Estates Third Addition, )resented and read. Council Member Deich moved that the :ommunication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfeldt. RESOLUTION NO. 192-87 RESOLUTION APPROVING THE FINAL PLAT OF CLARKE CREST ESTATES THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of Clarke Crest Estates Third Addition in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear a street to be known as Spires Court, ~ogether with certain public util- ity easements which the owner by said plat has dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Conunlssion 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 Court has not been improved; and 277 Regular Session July 6, 1987 WHEREAS, the City Council concurs 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 dedication of Spires Court, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the final plat of Clarke Crest Estates Third 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 proper~ ty herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard service Spires Court with bituminous concrete, or with concrete paving with integral curb, ali Lq accor- dance with City of Dubuque standard specifications; b. qb install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the final plat; c. To install water mains and water service laterals in accordance with plans submitted with the final plat; d. To install storm sewers and catch- basins in accordance with plans submit- ted with the final plat; e. To install concrete sidewalks as re- quired by Ordinances, and where dir- ected by the City Engineer and the City Manager; f. To Lqstall boulevard street lighting in accordance with City specifications; g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City 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 (2) years from the date of acceptance of this Resolution; i. To maintain the foregoLqg improve- ments for a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide the foregoing construc- tion and maintenance at the sole expense of ~he subdivider, Dubuque Land Development Ltd., or future owner; And further provided that said Du- buque Laud Development Ltd., as owner of said subdivision, secure the perfot~ mance of the foregoing conditions by providing security in such form and with such SUrOti~ ~ 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 final plat shall not be effective. Passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 192-87 I, the undersigned Dubuque Land Development Ltd., having read the terms and conditions of the Resolution Nb 192-87 and bging familiar with the conditions thereof, hereby accept the same and agree to the conditions re- quired therein. Dated at Dubuqu~ Iowa this 8th day of July, 1987. Dubuque Land Development, Ltd. By Edward D. Tochiggfrie President and Secretary TO: Mary A. Davis City Clerk Regular Session July 6, 1987 This is to certify that the security pro- vided by the foregoing Resolution No. 192-87 has been furnished by the Owner. Dated at Dubuqu~ Iowa this 8th day of July, 1987. W. Kenneth Gearhart City Manager Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas:2Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Kluesner, Kronfeldt. Communication of Planning & Zoning Commission approving final plat of Joseph Vogt Subdivision No. 3 located at 654 Kane Street, presented and read. Council Member Manning 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, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kfuesner, Kronfeldt. RESOLUTION 193-87 RESOLUTION APPROVING THE FINAL PLAT OF "JOSEPH VOGT SUBDIVISION NO. 3" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Joseph Vog~ Subdivision No. 3 in the City of Du- buque~ Iowa; and WHEREAS, upon said final plat ap- pears a Lot 3 which the owner, by said plat, has 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 on- domed thereon; 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 NOW, THEREFORE, BE IT RE. 278 SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot 3 of Joseph Vogt Subdivision No. 3 as the same appears upon said plat, be and the same are hereby accepted. Section 2. 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 final plat. Passed, approved and adopted this 6th day of July, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Nays--Nona Absent-- Council Members Kluesner, Kr0nfeldt. Petition of Dennis M. Ryan request- ing vacation of adjacent parcel of land to his property located on N. Main Street, presented and read, Council Member Manning moved that the petition be referred to the City Manager. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayer Brady, Council Members Deich, Krieg, Manning, Siroon. Nays-- Nona Absent--Council Members Klues- nor, Kronfeldt. Communication of City Manager recommending acceptance of the Old Mili Road Sanitary Sewer, Lq the vicin- ity of Reckdaie Read, presented and read. Council Member Manning 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, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kluesner, Kronfaldt, 279 Regular Session July 6, 1_.987 RESOLUTION NO. 1944~7 SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ACCEPTING IMPROVEMENT WHEREAS, the contract for the Old Mill Road Sanitary Sewer has been com- pleted and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- 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 recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of July, 1987. Janaes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Cmmcil Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Krieg, Man- ning, Simon. Nays--None. Absent- ' Council Members Kluesner, Kronfeldt. RESOLUTION NO. 195.87 FINAL ESTIMATE WHEREAS, the contract for the Old Mill Road Sanitary Sewer has been com- pleted and the City Engineer has sub- mitted his final estimate showing the cos~ thereof including the cost of estimates, notices, inspection, miscel- laneous costs, and preparing the assess- ment and plat. NOW. THEREFORE, BE IT RE- Section L That the cost of said im- provement is hereby determined to be $42,347.25. Section 2. That $18,527.56 of the cost thereof shall be assessable upon private property and $23,819.69 shall be paid from the Sanitary Sewer Construction Fund. Passed, approved and adopted tins 6th day of July, 1987. James E. Brady Mayor ATTESq! Mary A. Davis City Clerk Council Member Manning moved adoption of the Resalution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Members Kluesnen Kronfeldt. RESOLUTION NO. 196-87 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR OLD MILL ROAD SANITARY SEWER, INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accom- panymg plat showing the assessments proposed to be mede for the construction of the Old Mill Road Sanitary Sewer under conerac~ with ~echiggfrie Ex- Regular Session July 6, 1987 280 cavating of Dubuque, winch final plat and schedule were fried in the office of the Ci- ty Clerk on the 1st day of July, 1987, that said schedule of asssessmente be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditionally against the respective'propertie~ benefit- ted by the improvements as shown in the schedule, subject to the provisions of Sec- tion 384.63, Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty4ive percent of the value of same. Assessments of $50.00 or more are payable in 10 equal annual installments, with interest on the unpaid balance, all as provided in Section 384.65, City Code of Iowa. Conditional deficiency assess- ments, if any, may be levied against the gpplicable property for the same period of years as the assessments are made payable. Assessments may be paid in full or in part without interest at the office of the County Treast!~er, at any time within 30 days after the date of the first publica- tion qf this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless said assess- ments are paid in hill within said thirty day period all unpaid assessmente will [raw annual interest computed at 12 per~ cent (commencing on the date of accep- once of the work) computed to the December 1st next following the due dates of the respective installments. Each installment will be delinquent on September 30th following its due date on July 1st in each year. Property owners may elect to pay any annual instalhnent semiannually in advanca That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cer- tification once each week for two con- secutive weeks in the manner provided in Section 362.3, the first publication of winch shall be not more than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notic~ and mailing to be on or before the date of the second publication of the notice~ all as provided and directed by Section 384.60 of the Code of Iow~ P~ssed, approved and adopted tins 6th day of July, 1987. James E. Brady Mayor kTTES~ Mary A. Davis City Clerk CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS FOR OLD MILL ROAD SANITARY SEWER Special Assessment Fund No. 1333 Bernice C & Backes Mills Jamea J. & Kay M, Wall MINERAL LOT 501 ROCKDALE 281 Council Member Mmming moved adop- tion of the Resolution. Seconded by Coun- cil Mombe~ Krieg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deieh, Krieg, Manning, Simon. Nays--None. Abeant--Counefl Members Klueanor, Kronfeldt. Communication of City Manager recommending acceptance of the con- strUctinn contract for the Restroom Facifity on Schmitt Island, in the vicin- ity of the Boat Launching Ramp, presented and read. Coune'fl Member Manning moved that the communieatlon be received and filed. Seconded by Council Member Krieg. Car~ tied by the following vote: Yeas-- Mayor Brady, Council Members Delch, Krieg, Manning, Simon. Nays--None. Absent--Council Members Klueaner, Kmnfaidt. RESOLUTION NO. 107-87 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Sthmitt Island Restmom Facility bas been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptanc~ NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 'recommendation of the City Manager be approved and that said im- provement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Revenue Sharing Fund in amount equal to the amount of ins contract, less any re- tained percentage provided for therein. Paesed, approved and adopted tins 6th day of Jni~ 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Session July 1987 Council Member Simon moved adop- tion of the Resolution. Seconded by Coun- cil Member Krieg. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Membem Deich, Krieg, Manning, Simon~ Nays--None. Absant-~Council Members Kluesner, Kronfeldt. RESOLUTION NO. 198-87 FINAL ESTIMATE WHEREAS, the contract for the Schmlte Island Restroom Facility has been completed and the City Engineer has submitted ins final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~ian 1. Tliat the cost of said im- provement is hereby determined te be $44,526.00 and that said amount shall be paid from the Revenue Sharing Fund of the City of Dubuque, Iowa. Passed, approved and adopted tbls 6th day of July, 1987. James E. Brady Mayor ATTESq2. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resofutio~ Seconded by Coun- cfi Member Krieg. Carried by the foilow- Yeas--Mayor Brady, Council ~ Daich, Kdeg, Manning, Simon. [ Members Kluesner, Kronfeldt. proof o~ publication, certified to by the Publisher, on List of Claims for month of May, 1987, presented and read. Council Member Simon moved that proof of publication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deicb, Krleg, Manning, Simon. Nays--None. Abeent~Councll Members Kinesner, Kronfaidt. Regular Session July 6, 1987 Them being no further business, Coum cil Member Krieg moved to adjourn the meeting. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Manning, Simom Nays-- None. Absent--Council Members Kluesner, Kronfeldt, Meeting adjourned at 9:02 P.M. Mary A. Davis City Clerk __ 1987 Approved Adopted _ __1987 Mayor Council Members ATTESq~. City Clerk 282 283 Board of Health Jul~ 20, 1987 BOARD OF HEALTH OFFICIAL Regular QuarterlyMeeting, July20, 1987. Board Met at 7:20 p.m. in the Public Library Auditorium. Present: Board Chairperson Brady, Board Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon· Chairperson Brady read the call and stated this is the REGULAR QUAR- TERLY MEETING of the Board of Health called for the purpose to act upon such business which may properly come before the Board. Petition of John Nelson appealing the installation of a Sanitary Sewer service for Roosevelt Road and appealing the decision by the City Health Services Division to not issue a Septic System Permit for his residence located at 1080 Roosevelt, presented and read. Mr. Nelson requested temporary sewer for his residence. Board Member Manning moved that it be directed that the petition be received and filed. Seconded by Board Member Kronfaldt. Board Member Kluesner amended the motion and directed Staff to provide costs of Roosevelt Street sewer and determine whether project will be coming out of the FY '88 or FY '89 Budget. Seconded by Board Member Dalch. Motion, as amended, carriad by the following vote: Yeas--Chairperson Brady, Board Mem- bers, Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business. Board Member Kronfeldt moved that the Board of Health Meeting adjourn -- 8:12 P.M. Seconded by Board Member Manning. Carried by the following vote: Yeas--Mayor Brady, Board Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Mary A. Davis Secretary, Board of Health Approved. Adopted 1987 1987 Chairperson, Board of Health Board Members ATTEST: Secretary, Board of Health Regular Session1987 CITY COUNCIL OFFICIAL Regular Session, July 20, 1987. Council Met at 8:12 p.m. in the Public Library Auditorium. Present: Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt Manning, Simon, City Manager W. Ken- neth 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. Communication of City Manager sub- mitting documents regarding the City of Dubuque 1987 Asphalt Paving Pro- ject and 1987 P.C. Concrete Paving Pro- jects, 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 Daich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. . RESOLUTION NO. 199.87 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, specillca- tions, form of contract and estimated cost for the i987 Asphalt Paving Project, in the estimated amount of $1,067,705.17, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 284 Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 200-87 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public in- spection of the 1987 Asphalt Paving Project. NOW, THEREFORE, BE IT RE- SOLVED that on the 24th day of August, 1987, a public hearing will be held at 7:30 p.m. in the Five Flags Theater at which time interested per- sons may appear and be heard for or against the proposed plans and speci- fications, 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 )ublished in a newspaper having general circulation Lq 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 appear and file objections to the pro- posed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. 285 Regular Session, JulY 20, 1987 RESOLUTION NO. 201-87 RESOLUTION OF NECESSITY WHEREAS, Proposed plans have beer/duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the 1987 Asphalt Paving Project. BE IT THEREFORE RESOLVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk· That the cost and expense of making said ira- provement will be assessed partially or totally against privately owned proper- ty lying within the assessment limits, and in an amount not to exceed that pro- vided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from General Obligation Bonds and the Street Construction Fund, and special assessments bonds may be issued in an- ticipatinn of deferred payments of performed and accepted, and the pro- ceeds thereof used to pay the contractor. The above resolution was introduced approved and ordered placed on file with the City Clerk this 20th day of July, 1987. Approved and placed on file for final action· James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deiak, Kluesner. Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 202-87 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY WHEREAS, the City Council of the City 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. for the 1987 Asphalt Paving Pro- ject, and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW, THEREFORE, BE IT RE- SOLVED, that on the 24th day of August, 1987, a public hearing will be held at 7:30 o'clock p.m. in the Five Flags Theater in the City of Dubuque at which time the owners of property subject to assessment for the proposed ~mprovement or any other person hav- ing an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and 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 be published once each week for two consecutive weeks, the first ~ubfication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the Regular Session, July 20, 1987 Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Sin~on. Nays--None. RESOLUTION NO. 203-87 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 36 in- clusive, are hereby determined to be the schedule of proposed assessments for the 1987 Asphalt Paving Project and the valuations set out herein are hereby approved. Passed, adopted and approved this 20th.day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 204-87 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 286 That the proposed plans, speaifica- ,ions, form of contract and estimated cost for the 1987 P.C. Concrete Paving Project, in the estimated amount of $1,064,086.88, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resointion. 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. 205-87 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion of the 1987 P.C. Concrete Paving Project. NOW, THEREFORE, BE IT RE- SOLVED that on the 24th day of August, 1987, a public hearing will be held at 7:30 p.m. in the Five Flags Theater at which time interested ~ersons may appear and be heard for or against the proposed 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 Dubu- que, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its con- aideratinn. At the hearing, any in- terested person may appear and file ob- j ections to the proposed plans, specilica- tions, contract, or estimated cost of the improvement. 287 Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session, July 20, 1987 The portion of the cost which shall be borne by the City will be paid from General Obligatinn Bonds and the Street Construction Fund, and special assessment bonds may be issued in an- ticipation of deferred payments of assessments when a contract has been )erformed and accepted, and the pro- ceeds thereof used to pay the contractor. Council Member Kronfaldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich~ Khiesner, Krieg, Kronfoldt, Manning, Simon. Nays--None. RESOLUTION NO. 206.87 RESOLUTION OF NECESSITY WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the 1987 P.C. Concrete Pav- ing Project. BE IT THEREFORE RESOLVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resulution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be assessed partially or totally against privately owned proper- ty lying within the assessment limits and in an amount not to exceed that pro- vided by law, and in proportion to the special benefits conferred. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of July, 1987. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 207-87 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY WHEREAS, the City Council of the City 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- rice of the City Clerk for Public inspec- tion, for the 1987 P.C. Concrete Paving Project, and. WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW, THEREFORE, BE IT RE- SOLVED, that on the 24th day of August, 1987, a public hearing will be held at 7:30 o'clock p.m. in the Five Flags Theater in the City of Dubuque at which time the owners of property subject to assessment for the proposed ~mprovement or any other person Regular Session, having an interest in the matter may ap- pear and be heard for or against the making of the improvement, the boun- daries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authoriz- ed and directed to cause a notice of time and place of such hearing to be publish- ed in a newspaper having general cir- culation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fix- ed for its consideration. Unless proper- ty owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the Resolution of Necessity they shall be deemed to have waived ail ob- jections thereto. Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mefihbers Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 208-87 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, I to 18 in- clusive, are hereby determined to be the schedule of proposed assessments for the 1987 P.C. Concrete Paving Project and the valuations set out herein are hereby approved. Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk July 20, 1987 288 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. Communication of Planning & Zoning Commission approving rezoning request of Alice Erschen to reclassify property located east of Cedar Cross Road from AG Agricultural to CS Commercial Ser- vice District, presented and read. Council Membex Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayer Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Silnon. Nays--None. An ORDINANCE Revising Appendix A of the Code of Ordinances by reclass- ifying property South of the Cedar Cross Road Bridge and East of Cedar Cross Road from AG Agricultural District to CS Commercial Service and Wholesale District, presented and read. Council Member Kluesner moved that this be conaidered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 17th day of August, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of John Moore requesting to address the City Council regarding con- cerns with the Dubuque Police Depart- ment, presented and read. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, 289 Regular Session July 20, 1987 Kluesner, Krieg, Manning, Simon. Nays--Council Member Kronfeldt. Communication of City Manager responding to concerns of John Moore, presented and read. Council Member Kluesner 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, Manning, Simon. Nays--Council Member Kronfeldt. Petition of Al Polsean requesting to address the Council on various items, presented and read. Council Member Kronfeldt moved that the petition be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Mr. Polsean spoke to the petition. Communication of Corporation Counsel recommending denial of per- sonal injury claim of Richard Nelson, presented and read. Council Member Kronfeldt moved that the communication be received and filed and concurred witb recommenda- tion. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- nlng, Simon. Nays--None. Petition of Richard E. Nelson re- questing to address the Council regard- ing the above claim, presented and read. Council Member Kronfeldt moved that the petition be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krleg, Kronfaldt, Manning, Simon. Nays--None. Communication from Thomas McKay, on behalf of FDL Foods re- questing adoption of Resolution correct- lng Releases of Liens on FDL Property to be acquired by IDOT, presented and read. Council Member Kronfeldt moved that the communicaUlon be received and filed. 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. 2094~7 A RESOLUTION AUTHORIZING THE CITY OF DUBUQUE, IOWA, TO EXECUTE CORRECTED PARTIAL RELEASES OF REAL ESTATE MORTGAGE AND PARTIAL RELEASES OF FINANCING STATEMENT AS TO CERTAIN PROPERTY OWNED BY FDL FOODS, INC. AND DESIGNATED FOR RIGHT-OF-WAY ACQUISITION BY THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, pursuant to Resolution and published Notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion of the City of Dubuque, Iowa, on December 23, 1986, the City Council of the City of Dubuque, Iowa, met on the 5th day of January, 1987, at 7:30 o'clock P.M. in the Public Library Auditorium, llth and Bluff Streets, in the City of Dubuque, Iowa, to consider the proposal to dispose of interests in certain real estate by executing Partial Releases of a Real Estate Mortgage filed December 9, 1982, as Instrument No. 6742-82, and a Financing Statement filed December 9, 1982, as Instrument No. 6743-82; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to dispose of interests of the City of Dubuque, Iowa, and adopted Resolution No. 2-87, authorizing the execution of said Release documents; and WHEREAS, the Mayor of the City of Dubuque, Iowa, and the City Clerk did execute such instruments on or about January 5, 1987; and WHEREAS, Iowa Department of Transportation has objected to the form of said Releases and requested corrected Releases be executed; and Regular Session July 20, 1987 290 WHEREAS, the real estate sought to be released under the new Releases is identical to that set forth in Resolution No. 2-87 and in the prior Releases, with a slightly different legal description; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby directed and authorized to execute a corrected Partial Release of real estate llen aris- ing out of a Mortgage filed December 9, 1982, as Instrument No. 6742-82, and the City Clerk be and she is hereby directed and authorized to attest said in- strument and deliver the same for recor- dation by Iowa Department of Trans- portaU~on with the Recorder of Dubuque County, Iowa. Section 2: That the Mayor of the City oI Dubuque be and he is hereby directed and authorized to execute a Partial Release of Financing Statement arising out of a Financing Statement filed December 9, 1982, as Instrument No. 6743~82, and the City Clerk be and she is hereby authorized to deliver said in- strument forthwith to Iowa Department of Transportation for recordation with the Recorder of Dubuque County, Iowa. Section 3: That the City Clerk be and she is' hereby authorized and directed to prepare and deliver a certified copy of this Resolution to Iowa Department of Transportation for recordation in the of- rice of the Dubuque County Recorder. Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg; Kronfeldt, Manning, Simon. Nays--None. Communication from the City Man- ager requesting approval to fill Police Training position at Sergeant level rather than Captain, 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-- Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- Mayor Brady, Council Member Deich. RESOLUTION NO. 2104~7 ABOLISHING ONE (1) POLICE CAPTAIN POSITION AND CREATING ONE (1l POLICE SERGEANT POSITION WHEREAS, the City Council adopted the fiscal year 1988 budget which provides for a complement of six (6) police captains and seven (7) police sergeants; and WHEREAS, an evaluation of the staf- fing needs of the department concluded that the training activities can be ade- quately performed by a police sergeant. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That one (1) police captain position be and is hereby abolished ef- fective July 20, 1987, which reduces the budgeted complement for the classifica- tion of police captain from six (6) to five f5) positions. Section 2. That one (1) police sergeant position be created effective July 20, 1987, which increases the budgeted com- plement for the classification of police sergeant from seven (7) to eight (8) positions. Section 3. That this resolution shall serve as certification as required by Chapter 400 of the Code of Iowa to the Civil Service Commission of the City of Dubuque to abolish one Il) police cap- rain position and that the City Clerk is hereby authorized and directed to pro- vide a certified copy of this resolution to the Civil Service Commission. Passed, adopted and approved this 20th day of July, 1987. 291 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution- Carried by the following vote: yeas--Council Man~bers Kfuesner, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brady, Council Member Deich. Communication of City Manager sub- mitting Ordinance amending the City Code of provisions on Civil Penalties for Municipal Infractions, presented and read. Council Member Kranfaldt moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klueaner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 344~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SUBSECTION (a) OF SECTION 1-15 AND SUBSECTION (d) (1) OF SECTION 1-17 IN LIEU THEREOF PROVIDING A DEFINI- TION FOR THE TERM "MUNICI- PAL INFRACTION" AND IDENTI- FYING VIOLATOR AS A DEFEN- DANT, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 34~87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWAi BY REPEALING SUBSECTION (a) OF SECTION 1-15 AND SUBSECTION (d)(1) OF SECTION 1-17 THEREOF AND ENACTING A NEW SUBSEC- TION (a) OF SECTION 1-15 AND SUBSECTION (d)(I) OF SECTION 1-17 IN LIEU THEREOF pROVID- ING A DEFINITION FOR THE TERM ,,MUNICIPAL INFRAC- TION'' AND iDENTIFYING A VIOLATOR AS A DEFENDANT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY CouNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, 1987 Section 1: That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Subsection (a) of Section 1-15 and Subsection (d)(1) of Sec- tion 1-17 thereof and enacting a new Subsection (a) of Section 1-15 and Subsection (d)(1) of Section 1-17 in lieu thereof as fallows: "SEC. 145. DEFINITIONS. (a) Municipal Infraction: Except those ~ provided under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple misdemeanor under Chap- ters 687 through 747 of the Iowa Code, the doing of anY act prohibited or declared to be unlawful, an offense or a misdemeanor by the Code of Ordi- nances, City of Dubuque, or any or- dinance or code herein adopted by or omission or failure to per- form anY act or duty required by the Code of Ordinances, City of Dubuque, or any ordinance or code herein adopted by reference, is a"munlcipal infraction" and is punishable by civil penalty as prc~ herein." "SEC. 147. CIVIL CITATIONS. (d) The citation shall serve as notifica- tion that a civil offense has been com- mitted and shall contain the following information: (1) The name and address of the defendant." Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 28th day of July, 1987. Mary A Davis City Clerk It 7128 Council Member moved that this be considered the first read!ng of the Ordinance and that the reqmre- Regular Session, July 20, 1987 292 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 adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mittlng Ordinance tp incorporate recent- ly enacted changes in the State Law regulating Liquor Control Licenses, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning. Simon. Nays--None. ORDINANCE NO. 35~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY RE- PEALING SECTIONS 5-4, 5-21 AND 5-23 THEREOF AND ENACTING NEW SECTIONS 5-4, 5-21 AND 5-23 IN LIEU THEREOF REPEALING THE FIFTY PERCENT GOODS AND SERVICES TEST TO QUALIFY FOR SUNDAY SALES OF ALCOHOLIC BEVERAGES OR BEER BY CER- TAIN LICENSE HOLDERS AND REVISING BOND REQUIREMENTS FOR ALL LIQUOR CONTROL LI- CENSES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE 35-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 5~4, 5-21 AND 5-23 THEREOF AND ENAC- TING NEW SECTIONS 5-4, 5-21 AND 5-23 IN LIEU THEREOF REPEAL- ~NG THE FIFTY PERCENT GOODS AND SERVICES TEST TO QUALIFY FOR SUNDAY SALES OF ALCO- HOLIC BEVERAGES OR BEER BY CERTAIN LICENSE HOLDERS AND REVISING BOND REQUIRE- MENTS FOR ALL LIQUOR CON- TROL LICENSES. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Section 5-4 thereof and enacting a new Section 5-4 in lleu thereof as follows: SEC. 5-4. SUNDAY SALES (a) Any club, hotel, motel, or commer- cial establishment holding a liquor con- trol license may apply for and receive permission to sell and dispense alcoholic liquor and wine to patrons on Sunday for consumption on the premises only, and beer for consumption on or off the premises between the hours of 10:00 a.m. and 12:00 midnight on Sunday. (b) Any club, hotel, motel, or commer- cial establishment holding a Class B beer permit may apply for and receive permission to sell and dispense beer to patrons on Sunday for consumption on or off the premises between the hours of 10:00 a.m. and 12:00 midnight on Sunday. (c) Any Class C beer permittee may sell beer for consumption off the premises between the hours of 10:00 a.m. and 12:00 midnight on Sunday. (d) The holder of a Class E liquor con- trol license may sell alcoholic liquor for consumption off the premises between tile hours of 10:00 a.m. and 12:00 mid- night on Sunday. The holder of such license is not required to apply for a Sun- day sales privilege, nor required to pay a fee for a Sunday sales privilege. (e) A holder of any class of liquor con- trol license or the holder of a Class B beer permit may sell or dispense alcohol, liquor, wine or beer to patrons for con- sumption on the premises between the hours of 10:00 a.m. Sunday and mid- night Sunday when that Sunday is the day before New Year's Day." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Subsection (d) of Section 5-21 thereof and enacting a new Subsection (d) in lieu thereof as follows: 293 Sec.5-21. CLASSES OF LIQUOR CONTROL LICENSES. (d) Class E. A Class E Liquor control license may be issued and shall authorize the holder to purchase alcoholic liquor from the Iowa Alcoholic Beverages Divi- sion only and to sell the alcoholic liquor to patrons for consumption off the licensed premise and to other liquor control licensees. A Class E license shall not be issued to premises at which gasoline is sold. A holder of a Claee E liquor control license may hold other retail liquor control licenses or retail wine or beer permits, but the premises li- censed under a Claes E liquor control license shall be separate from other licensed premlses. However, the holder of a Class E liquor control license may also hold a Claes B wine or Class C beer permit or both for the premises lb censed under a Class E liquor control license:' Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repeafing Subsections (a) and (b) of Section 5~23 thereof and enac- ting new Subsections (a) and (b) of Sec- tion 5-23 in lieu thereof as follows: "SEC. 5-23. APPLICATION BOND. (1) With any Class A, B, C, F, G, or H Liquor Control License the bond shall be five thousand dollars 155,000.00). (b) The bond for a Class E Liquor Con- trol License shall be a sum of not lees than five thousand dollars ($5,000.00) nor more than fifteen thousand dollars ($15,000.00) as determined on a sliding scale established by the Iowa Alcoholic Beverages Division; however, a bond shall not be required if all purchases of alcoholic liquor of said division by the licensee are made by cash payment or by means that ensures that said division will receive full payment in advance of delivery of the alcoholic liquor." Passed, approved and adopted this 20th day of July, 1987, James E. Brady Mayor ATTEST: Regular Session~. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tins 28th day of July, 1987. Mary A. Davis City Clerk It 7/28 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 adoptlon of the Ordlnance. Seconded by Council Mem- ber Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, KronfeIdt, Manning, Simon. Nays-- None. Communication of City Manager sub- mitting Ordinance regulating the place- ment of Newsracks in public places, 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-- Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brady. ORDINANCE No. 36-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY EN- ACTING A DIVISION 3 TO ARTI- CLE VI OF CHAPTER 33 COMPRIS- ED OF SECTIONS 33-120 THROUGH 33-127 THEREOF PROVIDING FOR THE REGULATION OF NEWS- RACKS IN THE CITY, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 36-37 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA. BY EN- ACTING A DIVISION 3 TO ARTI- CLE VI OF CHAPTER 33 COM~ PRISED OF SECTIONS 33-120 THROUGH 33-127 THEREOF PRO- Regular Session, July 20, 1987 294 VIDING FOR THE REGULATION OF NEWSRACKS IN THE CITY NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the Code of Or- dinances of the City of Dubuque, Iowa be amended by enacting a Division 3 to Article VI of Chapter 33 comprised of Sections 33420 through 33-127 thereof as follows: DIVISION 3.-NEWSRACKS "Sec. 33-120. DEFINITIONS. (a) Distributor shall mean the person responsible for placing and maintaining a newsrack in a public place. (b) Newsrack shall mean any self- service or coin operated box, container, storage unit or other dispenser install- ed, used or maintained for the display and sale of newspapers or other news periodicals. This definition shah not in- clude a portable platform or stand used by a person to distribute printed materials on a temporary basis, which is removed from the public place when not in use, so long as its use conforms to the location restrictions contained in this division. (c) Public place or places shall mean public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing separations and approaches, public ways, squares Sec. 33-121. LOCATION AND SIZE. (a) No newsrack shall be located where it would endanger the safety of persons or property, obstructs the vision of motorists or unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic or the ingress into and egress from any building. (b) No newsrack shall be located: (1) within six (6) feet of any fire hydrant or other emergency facility: (2) where it projects beyond any curb line onto the roadway; (3) within three (3) feet of any mark- ed crosswalk; (4) within three (3) feet of the curb return at an intersection; (5) within three (3) feet of any curb return on any driveway; (6) where it unreasonably interferes with access to a bus shelter or a bus bench; (7) where it unreasonably interferes with loading or unloading at the front or rear door of buses; (8) in any handicap access ramp; (9) in such a manner as to reduce the clear space for the passageway of pedestrians to less than three (3) feet; and (10) on any planted public place im- proved with lawn, flowers, shrubs, or other landscaping. (c) No newsrack shah exceed five (5) feet in height, thirty (30) inches in width or two (2) feet in depth. Sec. 33-122. STANDARDS. (a) No newsrack shall be used for advertising or publicity purposes other than dealing with the display, sale. or purchase of a newspaper or new period- ical sold therein. (b) Each newsrack, except those news- racks dispensing publications without charge, shall be equipped with a coin return mechanism to permit a person using the machine to secure an im- mediate refund in the event be/she is unable to receive the publication paid for. The coin return mechanism shall be maintained in good working order. (c) Each newsrack shall have affixed to it, in a readily visible place, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call or report a malfunction or to secure a refund in the event of a mal- function of the coin return mechanism, (d) Each newsrack shall be maintain- ed in a neat and clean condition and in a good state of repair. Sec. 33-123. IDENTIFICATION. Any person who places or maintains a newsrack in a public place or places 295 Regular Session, July 20, 1987 shall inform the City Engineer, in writing, where it has located a newsrack within seven (7) business days after plac- lng the newsrack in a public place. Sec. 33-124. INSURANCE. (a) Any person placing newsracks in or about a public place or places within the city shall provide proof of general public liability insurance in the mini- mum amount of five hundred thousand dollars ($500,000) for each occurrence and one million dolloxs ($1,000,000) in the aggregate, and fifty thousand dollars ($50,000) for property damages. (b) SMd insurance policy or policies shall name the City of Dubuque as an additional insured and shall provide for ten days written notice by certified mail to the City Engineer of any material change or cancellation of said policy. (c) A Certificate of Insurance in a form approved by the Corporation Counsel shall be delivered to the City Engineer prior to the placement of any newsrack in a public place. A single policy of surance may cover more than one (d) The failure of any person to main- rain said policy or policies in full force and effect shall be grounds for the City Manager to declare that the newsrack has been installed, used or maintained in violation of the provisions of this Division, subject to a written order to correct the offending condition as pro- vided in Section 33-125 of this Division. SEC. 33-125. VIOLATIONS (a) Upon determination by the City Manager that a newsrack has been in- stalled, used, or maintained in violation of the provisions of this division, the City Manager shall issue a written order to correct the offending condition to the owner of the newsrack. The order shall specifically describe the offending condition. (b) Failure by the owner to properly correct the offending condition within seven (7) calendar days after the mall- lng date of the order shall result in the newsrack being summarily removed by the City. SEC. 33-126. APPEALS. (a) Any person aggrieved by a finding, determination, notice or action taken under the provisions of this Division may appeal to the City Manager. (b) A written appeal to the City Coun- cil from the decision of the City Manager shall be filed by the aggrieved person with the City Clerk within ten days of the decision of the City Manager. The time and place for the hearing of the ap- peal shall be set by the City Council and written notice thereof given. The ag- grieved person may present evidence to the City Council by way of the public hearing as to why the decision of the City Manager should not be upheld. (c) The taking of an appeal to the City Council shall suspend the removal of any newsrack until the City Council makes its determination unless, in the judg- ment of the City Manager, the newsrack presents a clear and present danger of eminent personal injury or property damage. (d) Nothing contained in this section shall be interpreted to limit or impair the exercise by the City of its police power in the event of any emergency to remove any such newsrack. SEC. 33-127. ABANDONMENT. ty for a period of ten (10) continuous days, the newsrack is deemed abandon- ed and ]nay be summarily removed." Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 28th day of July, 1987. Mary A. Davis City Clerk It 7/28 Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement Regular Session, July 20, 1987 296 that a proposed Ordinance be considered affd v6ted 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--Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brady. ORDINANCE NO. 37-87 AN ORDINANCE ~AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING SECTION 25-348 AND ENACTING A NEW SECTION 25-348 IN LIEU THEREOF REVISING THE PENALTY FOR IM- PROPER USE OF HANDICAPPED PARKING PLACE S. (1 st reading given on 6/15, 2nd reading on 7/6), presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 37-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-348 AND ENACTING A NEW SECTION 25-348 IN LIEU THEREOF REVISING THE PENALTY FOR IMPROPER USE OF HANDICAPPED PARKING PLACES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Section 25-348 thereof and enacting a new Section 25-348 in lieu thereof as follows: SEC. 25-348. PROHIBITED USE OF PARKING PLACES OR IDENTIFI- CATION DEVICES DECLARE VIOLATION. The use of a handicapped parking space, located on either public or private property, by a motor vehicle not display- ing a special identification device issued by the Iowa Department of Transporta- tion, or by a motor vehicle displaying such a device but not being used by a handicapped person, as operator or passenger, is a misdemeanor. A fine may be imposed upon the owner, operator or lessee of the motor vehicle. The fine for each violation is fifteen dollars ($15.00). Passed, approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 28th day of July, 1987. Mary A. Davis City Clerk It 7/28 Council Member Kronfeldt moved final adoption of the Ordinance. Second- ed by Council Member Krieg. Carried by the following vote: Yeas-- Council Mem- bers Deich, Kluesner, Kriag, Kronfaldt, Manning, Simon. Nays--Mayor Brady. Conununication of City Manager sub- mitting Ordinances on proposed regula- tions establishing a process to eliminate dangerous buildings within the City (deferred from meeting of 7/6), presented and read. Council Member Simon moved that the communication be received and filed. Seco~ded by Council Member Krieg. Carried by the following vote: Yeas-- Council Members Kluesner, Kring, Kronfeldt, Manning, Simon. Nays-- Mayor Brady, Council Member Deich. An ORDINANCE Amending the Code or Ordinances by enacting new Section 10-17 thru I0-26 in lieu thereof providing for a procedure to remove or repair dangerous bnlldings, the conduc- ting of appeals from decisions of the Building Official, assessing costs of removal of dangerous building and im- posing penalties for violations of orders of the Bufiding Official; an ORDI- NANCE Amending the Code of Or- dinances by enacting new Section 1-20 through 1-25 thereof providing a pro- cedure for the conduct of hearing ap- peals by Boards & Commission; an OR- DINANCE Amending the Code of Ordi- nances by enacting a new Section 2-188 thereof authorizing the Civil Service 297 R__egular Sessi?n, July 20, 1987 Commission to adopt its own rules CITY OF DUBUQUE, IOWA, BY governing the conduct of hearing ap- REPEALING SECTION 25-305 AND peals, presented and read. Council Member Simon moved that tins be considered the first reading of the Ordinances. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Mayor Brady, Council Member Deich. Mayor Brady amended the mo- tion to direct the City Clerk to publish the Ordinances as proposed before the next Council Meeting. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kinesner, Krieg, Kronfeldt, Manning, Siman. Nays--None. Conununication of City Manager sub- mitting 10 Ordinances to amend various sections of the City Code relatlng to the parking system under the jurisdiction of the City, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ding, Simon. Nays--None. ORDINANCE NO, 38~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-305 AND SUBSECTION (1) AND THE FIRST UNNUMBERED PARAGRAPH OF SECTION 25-307 THEREOF AND ENACTING A NEW SECTION 25-305 AND SUBSECTION (1) AND THE FIRST UNNUMBERED PARA- GRAPH OF SECTION 25-307 IN LIEU THEREOF PROVIDING FOR PARKING METERS IN LOT l0 IN TOWN CLOCK PLAZA, said Ordi- nance having been previously read at the meeting of July 6, 1987, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 384~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE SUBSECTION (1) AND THE FIRST UNNUMBERED PARAGRAPH OF SECTION 25-307 THEREOF AND ENACTING A NEW SECTION 25-305 AND SUBSECTION (1) AND THE FIRST UNNUMBERED PARA- GRAPH OF SECTION 25-307 IN LIEU THEREOF pROVIDING FOR PARKING METERS IN LOT 10 IN TOWN CLOCK PLAZA. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 25-305 thereof and enacting a new Section 25-305 in lieu thereof as follows: "SEC. 25-305. METERS -- INSTALLATION AUTHORIZED AND DIRECTED. The City Manager is hereby authoriz- ed and directed to install parking meters in those municipally owned parking lots designated numerically as lots number I through 6, 8 and l0 for the purpose of, in such numbers and at such places as may be necessary to the regnlatinn, control and inspection of the parking of motor vehicles therein." Section 2. That the Code of Or- dinances of the City of Dubuque, Iowa be amended by repealing subsection (1) and the first unnumbered paragraph of in Section 25-307 thereof and enacting a new subsection II), and the first unnumbered paragraph to subsection (3) to Section 25-307 in lieu thereof as follows: SEC. 25-307. METERS -- TIME AND FEE SCHEDULE FOR SPECI- ~ LOTS. "(1) On parking lots numbers 1, 2, 3, 4, 5, 6, 8, and 10, the amount of fee shall be displayed on each parking meter and shall indicate the period of time allowed for the particular United States coin deposit after meter has been pinc- ed in operation. The maximum parking Regular Session time allowed shall be indicated on the parking meter assigned to the meter space to which it applies." "(3) Parking lot 10; All of the park- ing with the exception of the metered parking spaces shall be reserved exclu- sively for the parking of motor buses used for the transportation of people for compensation, the Town Clock Plaza maintenance vehicle and the loading mad unloading of motor trucks except semi- trailers. Excluded ~rom parking in said lot are school buses conveying school children." Passed, approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 3rd day of August, 1987. Mary A. Davis City Clerk it 8/3 Council Member Kronfeldt moved that the rule be waived requiring an Or- dinance to b0~ read at two separate meeiings before final action is taken, and further moved final adoption of ihe Ordinance. Seconded by Council Mem- ber Simon. Carried by the following vote: Ye~s--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. An ORDINANCE Amending the Cede of Ordinances by enacting new subsec- tions (1), (2) and (7) of Section 25-274 in lieu thereof increasing the fines for illegal alley parking and street storage (1st reading given on 7/6), presented and read. Council Member Kronfeldt moved that this be considered the second reading of the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. July 20, 1987 298 ORDINANCE NO. 39-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (2) OF SECTION 25-328 AND ENACTING A NEW SUBSECTION (5) TO SECTION 25-327 AND A NEW SUBSECTION (2) TO SECTION 25-328 IN LIEU THEREOF ESTABLISHING PARK- ING METER DISTRICT E AND THE PARKING METER RATE AND MAXIMUM PARKING TIME FOR PARKING METER DISTRICT E, said ordinance having been previously read at the meeting of July 6, 1987, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 39-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (2) OF SECTION 25-328 AND ENACTING A NEW SUBSECTION t5) TO SECTION 25-327 AND A NEW SUBSECTION (2) TO SECTION 25-328 IN LIEU THERE- OF ESTABLISHING PARKING METER DISTRICT E AND THE PARKING METER RATE AND MAXIMUM PARKING TIME FOR PARKING METER DISTRICT E, NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting a new subsection (5) to Section 25-327 thereof as follows: "SEC. 25.327. FEE SCHEDULE. (5) In parking meter district E such meters shall show legal parking for fif- teen (15) minutes upon deposit of each five-cent ($0.05) coin or thirty (30) minutes upon deposit 5f one ten-cent ($0.10) coin, but not more than a total of one hundred and twenty (120) minutes at any one time." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa 299 be amended by repealing subsection (2) of Section 25-328 thereof and enacting a new subsection (2) of Section 25-328 in lieu thereof as follows: ~n~1987 (OFFICIAL PUBLICATION) ORDINANCE NO. 40-87 "SEC. 25-328. MAXIMUM PARKING TIMES. (2) District B and District E, not longer than two (2) hours.'! Passed, approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 3rd day of August, 1987. Mary A. Davis City Clerk It 8/3 Council Member Kronfeldt moved that the rules be waived requiring an Ordinance to be read at two separate Council Meetings before final action is taken and further moved final adoption of the Ordinance. Seconded by Council Member Simon Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kron- feldt, Manning, Simon. Nays--None. ORDINANCE NO. 40.87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN PARKING METER DISTRICTS A AND C IN SECTION 25-326 THERE- OF AND ADDING CERTAIN AREAS IN PARKING METER DISTRICTS A, B, C, D AND E IN SECTION 25-326 IN LIEU THEREOF PROVIDING FOR THE PLACE- MENT OF CERTAIN PARKING METER SPACES IN OTHER DIS- TRICTS, said ordinance having been previously read at the Council Meeting of July 6, 1987 presented for further action. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN PARKING METER DISTRICTS A AND C IN SECTION 25-326 THERE- OF AND ADDING CERTAIN AREAS IN PARKING METER DISTRICTS A, B, C, D AND E IN SECTION 25-326 IN LIEU THEREOF PROVIDING FOR THE PLACE- MENT OF CERTAIN PARKING METER SPACES IN OTHER DIS- TRICTS. NOW THEREFORE, BE IT DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by deleting certain areas in parking meter districts A and C in Sec- tion 25-326 thereof as follows: "SEC. 25-326. DISTRICTS. Parking Meter District A, Sixth Street, both sides, between Locust and Bluff Streets Ninth Street, north side, between Iowa and Locust Streets Thirteenth Street, both sides, between Central Avenue and Iowa Street Cer~tral Avenue, both sides, between Fourth and Eighteenth Streets Main Street, both sides, between First and Fourth Streets Main Street, both sides, between Tenth and Eleventh Streets Parking Meter District C Fifth Street, both sides, between Iowa and Bluff Streets Section 2. That the Code of Ordi- nonces of the City o£ Dubuque, Iowa be amended by adding certain areas in parking meter districts A, B, C, D and E in Section 25-326 thereof as follows: Regular Session, July 20, 1987 300 SEC. 25-326. DISTRICTS. Parking Meter District A Sixth Street, north side, between Locust and Bluff Streets Sixth Street, south side, from Locust Street to a point approximately 100 feet west of Locust Street and from Bluff Street to a point approximately 135 feet east of Bluff Street Ninth Street, north~ side, from Iowa Street to a point approximately 60 feet east of Locust Street Thirteenth Street, north side, between Central Avenue and Iowa Street Thirteenth Street, south side, from Central Avenue to a point approxi- mately 75 feet west Central Avenue and from Iowa Street to a point ap- proximately 120 feet east of Iowa Street Central Avenue, both sides, between Fourth and Seventh Streets Central Avenue, west side. between Seventh and Eighth Strects Central Avenue, east side, from a point approximately 75 feet north of Seventh Street to Eighth Street Central Avenue, both sides, between Eighth and Eighteenth Streets Main Street, east side, between First and Fourth Street Main Street. ~st side, between Tenth and Eleventh Street Main Street, east side, from a point approximately 70 feet north of Tenth Street to Eleventh Street parking Meter District B Fifth Street, both sides, between Locust and Bluff Streets Bluff Street. both sides, between Third and Fourth Streets Parking Meter District C Third Street, both side~ between Locust and Bluff Strects Fifth Street, both sides, between Iowa and Locust Streets Parking Meter District D Sixth Street, south side, from a point approximately 135 feet east of Bluff Street to a point approximately 100 feet west of Locust Street Ninth Street, north side, from Locust Street east approximately 60 feet Thirteenth Street, south side, from a point approximately 120 feet east of Iowa Street to a point approximately 75 feet west of Central Avenue Central Avenue, east side, from Seventh Street north approximately 75 feet Main Street, east side, from Tenth Street north approximately 70 feet Parking Meter District E Main Street, west side, between First and Fourth Streets" Passed, approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of August, 1987. Mary A. Davis City Clerk It 8/10 Council Member Kronfeldt moved that the rules be waived requiring an Or- dinance to be read at two separate meetings before final action is taken and further moved final adoption of the Or- dinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 414~7 AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING BLUFF STREET BE- TWEEN THIRD AND FOURTH STS. FROM THE TWO HOUR TIME LIMIT PARKING ZONE IN SUB- SECTION (c) OF SECTION 25-257 301 Regular Session July 20, 1987 THEREOF PROVIDING THAT BLUFF ST. BETWEEN THIRD AND FOURTH STS. BE PLACED IN THE TWO HOUR PARKING METER DISTRICT B (1st reading given on 7/6), presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 41-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING BLUFF STREET BET- WEEN THIRD AND FOURTH STREETS FROM THE TWO HOUR TIME LIMIT PARKING ZONE IN SUBSECTION (C) OF SECTION 25-257 THEREOF PROVIDING THAT BLUFF STREET BETWEEN THIRD AND FOURTH STREETS BE PLACED IN THE TWO HOUR PARKING METER DISTRICT B. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nonces of the City of Dubuque, Iowa, be amended by deleting Bluff Street bet- ween West First Street to West Fourth Street in subsection lc) of Section 25-257 thereof as follows: Sec. 25-257. Prohibited on Designated Streets or Portions Thereof. (c) Time Zones Designated. Bluff Street, both s~des, from West First Street to West Fourth Street Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by adding Bluff Street bet- ween West First Street to West Third Street in subsection {c) of Section 25-257 as follows: Sec. 25~57. PROHIBITED ON DE- SIGNATED STREETS OR POR- TIONS THEREOF. (c) Time Zones Designated. Bluff Street, both sides, from West First Street to West Third Street Passed, approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Publiaked officially in the Telegraph Herald newspaper this 3rd day of August, 1987. Mary A. Davis City Clerk it 8/3 Council Member Kronfeldt moved ,hat the rules be waived requiring an Or- dinance to be read at two separate meetings before final action is taken and further moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kron- feldt, Manning, Simon. Nays--None. ORDINANCE NO. 42~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-308 AND SUBSECTION (B) OF SECTION 25-325 THEREOF AND ENACTING A NEW SECTION 25-308 AND A SUBSECTION (B) OF SECTION 25-325 IN LIEU THEREOF PRO- VIDING THAT THE HOURS OF OPERATION FOR ALL PARKING METERS SHALL BE FROM 8:00 A.M. TO 5:00 P.M. MONDAY I~HROUGH SATURDAY, EXCEPT HOLIDAYS, said Ordinance having been previously read at the meeting of July 6, 1987, presented fur further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 42~87 ANORDINANCEAMENDINGTHE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY Regular Session, July 20, 1987 302 REPEALING SECTION 25-308 AND SUBSECTION (b) OF SECTION 25-325 THEREOF AND ENACTING A NEW SECTION 25-308 AND A SUBSECTION (B) OF SECTION 25-325 IN LIEU THEREOF PRO- VIDING THAT THE HOURS OF OPERATION FOR ALL PARKING METERS SHALL BE FROM 8:00 A.M. to 5:00 P.M., MONDAY THROUGH SATURDAY, EXCEPT HOLIDAYS. NOW THEREF0~E, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordi- nances of the City of Dubuque, Iowabe amended by repealing Section 25-308 thereof and enacting a new Section 25-308 in lieu thereof as follows: "Sec. 25-308, METERS- DEPOSIT OF COINS REQUIRED AT CERTAIN TIMES. When parking spaces are established and marked and parking meters install- ed adjacent thereto in municipally own- ed parking lots, it shall be unlawful for any person to be parked within such space for the time during which the meter is showing a signal indicating that such space is'illegaily in use. Such mete?s shall be placed in operation by deposit of appropriate coin therein dur- ing the hours of 8:00 a.m. to 5:00 p.m. inclusive Monday through Saturday of each week, except holidays. Holidays shall include the following days only: the first day of January, Memorial Day, the fourth day of July, the first Monday in September, Thanksgiving Day and the twenty-fifth day of December." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing subsection (b) of Section 25-325 and enacting a new subsection (b) of Section 25-325 in lieu thereof as follows: "SEC. 25-325. WHEN OPERATIONS IS REQUIRED," "(b) Such parking meter shall be operated to show legal parking in such parking meter zones between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday of each week." Passed, approved and adopted this 20th day of Juiy, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officialiy in the Telegraph Herald newspaper this 27th day of July, 1987. May A. Davis City Clerk It 7/27 Council Member Kronfeldt moved that the rules be waived requiring an Ordinance to be read at two separate Council Meetings beIore final action is taken and further moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. ORDINANCE NO. 43-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 25-311 THERETO PROVIDING FOR TI~IE ISSUE OF PARKING METER HOODS/PLACARDS UPON PRE- PAYMENT OF A FEE (1st reading given on 7/6), presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 43-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 25-331 THERETO PROVIDING FOR THE ISSUE OF PARKING METER HOODS/PLACARDS UPON PREPAY MENT OF A FEE. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 303 Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting a new Section 25-331 thereto as follows: "SEC. 25-331. PREPAID PARKING METER HOODSIPLACARDS. (a) Parking meter hoods/placards shall be defined as a permit to park a vehicle at a parking meter upon the streets in any parking meter district or in a municipal public parking lot. When a validly issued parking meter hood/ placard is displayed upon a parking meter, the person operating such vein- cie shall be exempt from the provisions of this chapter from depositing coins in the parking meter so covered. Regular Session, Ju~! 20, 1987 of any person who violates any condition under which the hoed/placard was issued without making any refund or proration of the prepaid fee. Passed. approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of July, I987. Mary A. Davis City Clerk It 7/27 (b) Parking meter hoods/placards shall be only issued to a person actually engaged in a construction, maintenance or aloading/unloading activity at a site adjacent to or within a reasonable distance of a parking meter. (c) Parking meter hoods/placards shall not be issued for a period exceeding one (1) month. (d) No person shall knowingly repre- sent or intentionally falsify any informa- tion which is required in order to obtain a parking meter hood/placard. (e) No person or firm shall park a vehi- cle using a parking meter hood/placard at their place of business. (i) The City Manager is hereby author- ized to establish a fee for the issuance of a parking meter hood/placard. Such fee shall bear a reasonable relationship to the income received by the City from the operation of the meters in the park- lng meter distr'lct or in the municipal parking lot in which the meter is located. No parking meter hood/pincard shall be issued until the fee therefor has been prepaid. (g) The City Manager in addition to establishing a prepaid parking rental fee, may collect a deposit to insure the safe and prompt return of the parking meter hood/placard.' (h) The City Manager is authorized to revoke the parking meter hoed/placard Council Member Kronfaldt moved that the rules be waived requiring an Ordinance to be presented and read at two separate meetings before final ac- t/on is taken and further moved final adoption of the Ordinauca Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 44.87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-347 THEREOF AND ENACTING A NEW SUBSECTION 25-347 IN LIEU THEREOF PROVIDING FOR THE USE OF HANDICAPPED PARKING SIGNS BEARING THE INTERNA- TIONAL SYMBOL OF ACCESSI- BILITY (1st reading given on 7/6), presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 44-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 25-347 THEREOF AND ENACTING A NEW SUBSECTION 25-347 IN LIEU THEREOF PROVIDING FOR USE THE USE OF HANDICAPPED PARKING SIGNS BEARING THE INTERNATIONAL SYMBOL OF ACCESSIBILITY. Regular Session, July 20, 1987 3O4 NOW, THEREFORE. BE IT OR- DAINED BY THE CITY COUNCIl OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 25-34q thereof and enacting a new section 25-347 in lieu thereof as follows: "SEC. 25-347. SIGNS TO RE PLACED AT DESIGNATED PARKING PLACES INDICATING USl~ LIMITATION. ' (a) Parking spaces designated as special parking places for handicapped persons shall be identified with the han- dicapped parking sign bearing the inter- national symbol of accessibility. (b) Any person who owns or leases rev/ property in the city and is required to provide handicapped parking spaces by the Iowa Cods shall identify each park- ing space with a handicap parking sign bearing the international symbol of accessibility. Passed, approved and adopted this 20th day of July, 1987. Ja~nes E. Brady Mayor ATTEST: Mqry A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of July, 1987. Mary A. Davis City Clerk It 7~27 Council Member Kronfeldt moved that the rules be waived requiring an Ordinance to be presented at two separate meetings before final action is taken and further moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members De/ch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- None. ORDINANCE NO. 45-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SUBSECTION (12) TO SECTION 25-304 AND A NEW SUBSECTION (4) TO SECTION 25-307 THEREOF PROVIDING FOR THE DESIGNATION AND USE OF THE MUNICIPAL PARKING LOT LOCATED IN THE SECOND STREET HARBOR AREA, (first reading given on 7/6), presented for fur- ther action. (OFFICIAL PUBLICATION) ORDINANCE NO. 45-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SUBSECTION (12) TO SECTION 25-304 AND A NEW SUBSECTION (4) TO SECTION 25-307 THEREOF PROVIDING FOR THE DESIGNATION AND USE OF THE MUNICIPAL PARKING LOT LOCATED IN THE SECOND STREET HARBOR AREA. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting a new subsection (12) to Section 25-304 thereof as fallows: SEC. 25-304. DESIGNATED. (12) Lot 12: The Lot situated at the foot of Second Street running parallel to the Ice Harbor." Section 2. That the Code or Ordi- nances of the City of Dubuque, Iowa be amended by enacting a new subsection (4) to Section 25-307 thereof as follows: "SEC. 25-307. METERS -- TIME AND FEE SCHEDULE FOR SPECIFIC LOTS. (4) Parking Lot 12: Short-term park- ing not to exceed four (4) hours without charge for vlaltors/patrons of riverfront activities or for special events upon application to and by written approval of the City Manager." Regular Session, July 20, 1987 306 3O5 Passed, approved and adoptedthis 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of July, 1987. Mary A. Davis City Clerk It 7/27 Council Member Kronfaldt moved that the rules be waived requiring an Ordinance to be presented at two separate meetings before final adoption. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Men, hers Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 46-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-349 THEREOF AND ENACTING A NEW SECTION 25-349 IN LIEU THEREOF PROVIDING FOR THE IMPOUND- MENT OF MOTOR VEHICLES IL- LEGALLY PARKED IN HANDICAP- ' PED PARKING SPACES (llrst readlng given on 7/6), presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 464~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-349 THEREOF AND ENACTING A NEW SECTION 25-349 IN LIEU THEREOF PROVIDING FOR THE IMPOUND- MENT OF MOTOR VEHICLES- ILLEGALLY PARKED IN HANDI- CAPPED PARKING SPACES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordl- nances of the City of Dubuque, Iowa, be Regular Session, July 20, 1987 amended by repealing Section 25-349 thereof and enacting a new Section 25-349in lieu thereof as foliows: SEC. 25-349. AUTHORITY TO IM- POUND VEHICLES PARKED IN VIOLATION OF DIVISION. (a) Any motor vehicle located or park- ed in a special parking place designated for handicapped persons in violation of Section 25-348 may be towed or remov- ed by or under the direction of the Police Department. fb) The towing and storage of motor vehicles parked in violation of this divi- sion shall be in accordance with Section 25-391, 25-392, and 25-393 of the Code of Ordinances. Passed, approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day oI July, 1987. Mary A. Davis City Clerk It 7127 Council Member Kronfeldt moved that the rules be waived requiring an Ordinance to be rpad at two separate meetings before final action is taken and further moved final adoption of the Or- dinance. 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 Speer Financial, Inc. submitting proposal for their pro- fessional services as financial consul- tante for the City, in connection with all revenue and general obligation bonds issued by the City for a period of three years from the date of acceptance, presented and read. Council Member Kronfeldt moved that the communication be received and filed and approved proposal. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Deich, Khiesner, Krieg. Kronfeldt, Manning, Simon. Nays-- Mayor Brady. Communication of City Manager responding to traffic control petition of Dave Stockeland concerning intersec- tions of Kaue St. and Kaufmann Ave. and North Grandview Ave. Extension (East branch) at Kaufmann Ave. and recommending to convert the existing Stop sign at the'intersection of N. Grandview Ave. Extension (East brauch from a Stop Sign to a Yield Sign), presented and read. Council Member Simon moved that the communication be received and fil- ed and concurred with the recommenda- tinn, Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Deich, Krieg, Kronfeldt, Manning. Nays--Mayor Brady, Council Member Kluesner. APPOINTMENTS TO BOARDS & COMMISSIONS: LIBRARY BOARD: Two Six-Year Terms which will expire 7-1-93 (terms of D. Kent and J. Higley). Applicants: Larry Cremer, Ann Boaltinghouse, Jean Hunter, Floyd Rundle and Garry Ham- mond. Vote ~on the applicants was as follows: First vote: Mayor Brady voted for Hunter & Rundle. Council Member Deich voted for Boultinghouse & Cremer. Council Member Khiesner voted for Boultinghouse and Cremer. Council Member Krieg voted for Cremer and Hmnmond. Council Member Krun- feldt voted for Cremer and Hammond. Council Member Manning voted for Cremer and Hunter. Council Member Simon voted for Boultinghouse and Cremer. Therefore, Larry Cremer was appointed to a six year term wliich will expire 7-1-93. Second vote: Mayor Brady voted for Hunter; Council Member Deich voted for Boultinghouse; Council Member Kinesner voted for Boultlng- house; Council Member Krieg voted for Hammond; Council Member Kronfeldt voted for Hammond; Council Member Manning voted for Hunter. Council Member Simon voted for Boulting- house. There being no majority vote, a Third Vote was taken. Mayor Brady voted for Rundle. Council Member Deich voted for Boultinghouse. Council Member Kluesner voted for Boulting- house. Council Member Krieg voted for Boultinghouse. Council Member Kron- feldt voted for Boultingliouse. Council Member Manning voted for Hunter. Council Member Simon voted for Boultinghouse. Therefore, Larry Cremer and Ann Boultinghouse were appointed to six year terms expiring 7-1-93 on the Library Board. PARK AND RECREATION COM- MISSION: Two -- 3 Year terms which will expire 6-30-90 (terms of L. Galliart & G, Thompson). Applicants: Harry Bemis, Lyle Galliart, Ralph Hartlep, John Miller, and Gene Thompson. Mr. John Miller addressed the Council. Vote on the applicants was as follows: Mayor Brady voted for Miller and Thompson. Council Member Deich voted for Galllart and Thompson. Coun- cil Member Kluesner voted for Galiiart & Thompson. Council Member Krieg voted for Galllart & Tbompsol~ Council Member Kronfeldt voted for Galliart and Thompson. Council Member Man- ning voted for Galllart and Thompson. Council Me~nber Simon voted for Galliart and Thompson. Therefore, Lyle Gaillart & Gene Thompson reappointed to a three year term on the Park & Rec. Commission which will expire 6-30-90. RESOLUTION NO. 211-87 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettos within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers witlfin said City. Vendors Unlimited Cycare Plaza Town Clock Plaza Vendors Unlimited Julien Motor Inn 200 Main Street Vendors Unlimited Loras College -- Beckman Hall 1450 Alta Vista Vendors Unlimited Loras College -- Keane Hall 1450 Alta Vista Vendors Unlimited Loras College -- Snack Bar 1450 Alta Vista 307 Regular Session, July 20, 1987 Vendors Unlimited CLASS "C" BEER PERMIT Sunnycrest Manor 2375 Roosevelt Family Mart, Inc. Vendors Unlimited Dennis Althaus 3201 Central Ave. Union Bus Depot 485 Central Ave. IAlso Sunday Sales) Vendors Unlimited Super "8" Motel Highway 20 West Vendors Unlimited U. of D. Studgnt Union 2050 University William J. Murphy Murph's South End Tap 139 Locust St. Michael J. Sawvell Butter's Ear 1700 Central Ave. Passed, approved and adopted this 20th day of July 1987. James E. Brady Mayor ATTEST: 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 Dalch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 212-87 WHEREAS, Applicatinns for Beer P~rmits 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 in- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT St. Columbkilie's Church 1240 Rush St. (Also Sunday Sales) Iowa Oil Company IOCO Speede Shoppe 1998 Jackson St. (Also Sunday Sales) Iowa Oil Company IOCO Speede Shopp~ 2335 University Ave. (Also Sunday Sales) CLASS "E" BEER PERMIT Dennis A. Althaus Family Beverage Center 3400 Central Ave. (Also Sunday Sales) Passed, approved and adopted this 20th day of July 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Dcich 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--None. RESOLUTION NO. 21347 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been exa~vined and approved; and WHEREAS, The premises to be o.c- cupied by such applicants were re- spected and found to comply with the State Law and all City Ordinances rele- vant 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. Regular Session, July 20, 1987 308 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ethel K. Schwartz Airport Inn 574 East 16th St. (Also Sunday Sales) CLASS "LE" LIQUOR LICENSE Beecher Co., Inc. 1691 Asbury Rd. Passed, approved and adopted this 20th day of July 1987. James E. Brady Mayor ATTEST: 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 Deich, Kluesner Krieg, Kronfeldt, Manning, Simon· Nays--None· MINUTES SUBMITTED: Airport Comm. of 6-23; 4th St. Peninsula Com- mittee of 6-24; Historic Preservation Comm. of 6-26; Housing Comm. of 6-30 In-Futuro, Inc. of 6-19; Planning & Zon- ing Comm. of 7-1; Plumbing Bd, of 6-30, presented an(~ read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Kluesner, Krieg. Kronfeldt, Manning, Simon· Nays--None. Communication of Corporation Counsel recommending settlement of personal injuries and property damage claim of Kenneth L. Ney in the amt. of 51500, presented and read. Council Member Deich moved that the commuhicatinn be received and fil- ed and settlement approved and Finance Director to issue the proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Conncil Members Dcich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Coun- sel closing claims of Larry Abresch, Edward Carew, Diane Harris, and West American Insurance Co. for Jeff & Robin McFarlane and denial of claim of Tracy Hirsch, presented and read. Council Member Deich moved that the communications be received and fil- ed and approved the closings/denials. Seconded by Council Member Kronfeklt. Carried by the following vote: yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfcidt, Manning, Simon. Nays--None· Notices of Claims/Suits: Ralph Schtegen in amt. of $1571 for vehicle damage, presented and read. Member Deich moved that the claim be referred to the Legal Staff for investigation and report· Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kines- net, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of Attorney Russel Neuw- oehner requesting vacation of plat for )roperty in Knob Hill Subd., d and read. Council Member Dcich moved that the petition be received and filed· Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kinesner, Krieg, Kronfeldt, Manning, Simon· Nays--None, RESOLUTION NO. 214-87 RESOLUTION RESCINDING THE PREVIOUSLY APPROVED RESOLUTION NO. 268-84 AND VACATING THE FINAL PLAT DATED MAY 25, 19§4 OF COUNCIL OF DUBUQUE, IOWA, AND VACATING THE VACATION PLAT DATED MAY 25, 1984 OF THE FIVE FEET WIDE PUBLIC UTILITY EASEMENTS BETWEEN LOT 3 AND LOT 4 OF BLOCK 10 OF "KNOB HILL" IN THE CITY OF DUBUQUE, IOWA WHEREAS, Resolution No. 268-84 approved the final plat of Council Hill 309 Regular Session, July 20, 1987 Subdivision in the City of Dubuque, Iowa and also approved the vacation plat of the five feet wide public utility easement between Lot 3 and Lot 4 of Block 10 of "Knob Hill" in the City of Dubuque, Iowa; and WHEREAS, the restrictive covenants for Knob Hill Subdivision precluded the subdividing of Block 10 in "Knob Hill"· Subdivision; and WHEREAS, said final plat of Coun- cil Hills Subdivision was recorded on June 10, 1985 as Instrument No. 4685-85; and WHEREAS, Section 409.18 of the Code of Iowa permits the proprietor to vacate said plat with the consent of the City. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the vacation plat dated May 25, ~984 of the five feet wide public utility easement between Lot 3 and Lot 4 of Block 10 of "Knob Hill" Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the final plat dated May 25, 1984 of Council Hills Subdivi- sion in the City of Dubuque, Iowa, be and the same is hereby vacated as per the request of the property owners, Thomas J. Beurskens and Margaret A. Beurskens. Section 3. That this resolution rescinds and nullifies Resolution No. 268-84. Passed. approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: 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, Kronfaldt, Manning, Simon. Nays--None. Petition of Attorney James G. Schill- ing requesting vacation of a platted alley which runs parallel to Kirkwood Street, presented and read, Council Member Deich moved that the petition be received and filed and raatter referred to City Manager and Staff for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Substance Abuse Services Center expressing "Thanks" for funding for adolescent treatment which was received in FY 87, presented ~nd read. Council Member Deich moved that the communciation be received and filed, Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Ktieg, Kronfeldt, Manning, Simon. Nays--None. Proofs of publication on Notice of Finding of No Significant Effect on the Environment for the Dubuque Data Set- vices Project and Notice of Finding of No Significant Effect on the Environ- ment for the F. H. Uelner Precision Tools and Dies Co., Inc. Project, pre- sented and read. Council Member Deich moved that the proofs be received and filed. Second- ed by Council Member Kronfeldt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting update on the status of Vacant Building Program in the Housing SerA vice Division, presented and read. Council Member Dalch moved that ;he 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. Communication of Dubuque In- Future. Inc. requesting that Mr. Jim Regular Session, July 20, 1987 310 Theisen be approved for membership on the D.I.F. Board of Directors, presented and read. Council Member Deich moved that the communication be received and fil- ed and approved appointment. Second- ed by Council Member Kronfaldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- net, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting a Resolution authorizing a re- quest for release of funds for certain C.D. Block Grant Projects, presented and read. Council Member Deich 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, Krleg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 215.87 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOP~MENT BLOCK GRANT PROJECTS WI~IEREAS, the City of Dubuque, Iowa, in conformance with the En- vironmental Review Procedures for the Community Development Block Grant Program, convened an Ad Hoc Commit- tee on June 15, 1987 which completed following: F.H. Uelner Tools and Dies Co. - Economic Development Projects Dubuque Data Systems and WHEREAS, pursuant to Resolution No.'s 185-87 and 191-87, adopted July · 6, 1987, public notice of a "Finding of No Significant Effect on the Environ- menU' for the above projects was published July 7, 1987 in the Dubuque Telegraph Herald, a newspaper of gen- eral circulation, and provided for a public comment period until 12:00 Noon on Friday, July 24, 1987; and WHEREAS, public notice of a "Find- ing of No Significant Effect on the En- vironment'' for the projects was sent by regular mall to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be ap- propriate to receive such a public notice; and WHEREAS, any and all objections. if any, to such proposals have been du- ly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds to carry out the above-identified projects. NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the projects shall con- tinue to remain on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment a request for release of funds to undertake the said projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assmne the status of a responsi- ble federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decisinn-maklng, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal Courts if an action is brought to enforce 311 responsibilities in relation to environ- mental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authoriz- ed and directed to execute a certification pertaining to the environmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Eelease of Funds in the form of Public Notice attached hereto and made a part thereof. Passed, approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: 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--Mayar Brady, Council Members Delch, Kluesner, Krleg, Kranfaidt, Manning, Simon· Nays--None· Communication of planning & Zoning Commission approving final plat of Sub. of Lot I of Northrange Subdivision No. i located at the northeast corner of Pennsylvania Ave~ and Radford Road, presented and read. Council Member Daich moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kineaner, Krieg, Kronfaidt, Manning, Simon. Nays--None. RESOLUTION 216.87 A RESOLUTION APPROVING THE FINAL PLAT OF THE sUBDIVISION OF LOT ! OF NORTHRANGE SUBDIVISION NO. ! IN THE CITY OF DUBUQUE, IOWA. WHEREAS~ there has been filed with the City Clerk a final plat of the Subdivi- Regular Session, July 20, 1987 sion of Lot i of Northrange Subdivision No. 1 in the City of Dubuque, Iowa; said final plat has been examined by the City plannlng and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds the same conforms to statues and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Lot 1 of Northrange Sub- division No. 1 in the City of Dubuque, I0wa be and the same is hereby approv- ed, and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- of the Resolution· Seconded by Council Member Kronfaidt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None· Communication of City Manager sub- mitting a Resolution amending Resolu- tion No. 196-87 which provided for adop- tion of the Final Assessment Schedule for the Old Mill Road Sanitary Sewer, changing the i2% interest rate to 9%, and read. Council Member Daich moved that :ommunication be received and ill- · Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ning, Simon· Nays--None. Regular Session, July 20, 1987 312 RESOLUTION NO. 217-87 RESOLUTION AMENDING RESOLUTION NO. 196-87 WHICH PROVIDED FOR THE ADOPTION OF THE FINAL ASSESSMENT SCHEDULE FOR THE OLD MILL ROAD SANITARY SEWER. WHEREAS, Resolution No. 196-87 adopted the final assessment schedule for the Old Mill Road Sanitary Sewer project on July 6~ '1987; and WHEREAS, said resolution inadver- tently set the annual interest rate for un- paid assessments at 12%, instead of 9%. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the fourth unnum- bered paragraph of Resolution No. 196-87 which reads 12 percent be amend- ed to read 9%. Section 2. That all other terms and conditions of Resolution No. 196-87 re- mcin in full force and effect. Passed, adopted and approved this 20th day of July, 1987· James E. Brady Mayor ATTEST 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, Khiesner, Krieg, Kronfeldt, Manning, Simon· Nays--None. Communication of City Manager sub- mitring Resolutions accepting Dubuque Wastewator Treatment Facility Main- tenance Building Project performed by the Prism Corp, in the amt. of $70,724 presented and read. Council Member Deich moved adoption of the Resolution· Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Khiesner, Krieg, Kronfaidt, Manning, Simon. Nays--None. RESOLUTION NO. 218-87 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Dubuque Wastewater Treatment Facil- ity Maintenance Building has been com- pleted and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- 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 recom- mendation of the City Manager be ap- proved and that sa/d improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the CIP in amount equal to the amount of his contract, less any retained percen- tage provided for therein. Passed, adopted and approved this 20th day of July, 1987. James E. Brady Mayor ATTEST 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 Dcich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 219-87 FINAL ESTIMATE WHEREAS, the contract for the Dubuque Wastewater Treatment Facil- ity Maintenance Building has been com- pleted and the City Engineer has sub- mitred his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; Regular Session, July 20, 1987 314 313 Regular Session July?, 1987 NOW, THEREFORE~ BE IT RE- according to the recorded plat thereof. SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said ira- provement is hereby determined to be $70,724.00 and that said amount shall be paid from the CIP of the City of Dubuque. Iowa. Passed, approved and adopted, this 20th day of July, 1987. James E. Brady Mayor ATTEST: 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. Communication of City Manager sub- mltting Resalutions accepting two deeds for property acquired for the construc- tion of the NW Arterial from Penn- sylvania Ave. to Asbury Rd. and for the construction of the Cedar Cross Road Bridge, presented and read. Council Member Deich moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 220-87 WHEREAS, the City of Dubuque, Iowa has acquired the real estate hereinafter described from Dubuque Development, Incorporated; and WHEREAS, said Corporation has delivered a Warranty Deed conveying the real estate to the City of Dubuque, Iowa described as: Lots D & F in Embassy West Subdivi- sion in the northeast quarter of the southeast quarter of Section 20, T89N, R2E of the 5th P.M. in the City of Du- buque Iowa, Section 1. That the Warranty Deed delivered by said Corporation, convey- ing to the City of Dubuque, Iowa the hereinabove described real estate, be and the same is hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be record- ed in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forward a certified copy of this Resolution to the Dubuque City Assessor and the Dubuque Coun- ty Auditor. Passed, approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: 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 Deich, Klueaner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 221-87 WHEREAS, the City of Dubuque, Iowa has acquired the real estate hereinafter described fi.om Jean Connol- ly of the City of peterborough, Province of Ontario Canada; and WHEREAS, said individual has delivered a Quit Claim Deed conveying the real estate to the City of Dubuque, Iowa described as: An undivided one-half interest in Lot 2 of I of M.L. 21lA, Lot 2 of 2 of M.L. 231, and Lot 2 of 1 of M.L. 231, all in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 1. That the Quit Claim Deed delivered by said individual, conveying to the City of Dubuque, Iowa the hereinabove described real estate, be and the same is hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be record- ed in the Office of the Dubuque County Recorder, together with a certified copy of this resolution. Section 3. That the City Clerk be and is hereby directed to forward a certified copy of this resolution to the Dubuque City Assessor and the Dubuque Coun- ty Auditor. Passed. approved and adopted this 20th day of July, 1987. James E. Brady Mayor ATTEST: 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. Communication of City Manager re- questing authorization for the Mayor to execute a Bicentennial Community Ap- plicatlon, presented and read. Council Member Deich moved that the communication be received and fil- ed and approved the application. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. 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 Dbich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourn- ed 9:32 P.M. Mary A. Davis City Clerk Approved Adopted __1987 1987 Mayor Council Members ATTEST: City Clerk