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1987 October Council ProceedingsRegular Session October 5, 1987 391 CITY COUNCIL OFFICIAL Regular Session, October 5~ 1987 Council Met at 7:30 RM., in the Public Library Auditorium. Present: Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated that this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Father Joseph Herard, Pastor of Resurrection Catholic Church. PROCLAMATIONS: October 15 as "White Cane Day" received by Dorothy Brown; October 18-24 as "Library's An- nual Great Book Read Across Iowa" Month of October as "Arts Month" received by Robert BonnewelL Proof of publfdation, certified to by the Publisher, on Notice of Public Hearing to rezone property at 2234 and 2236 Cen- tral Ave., presented and read. There were no written objections received. Council Member Simon moved to sus- pend the rules to allow anyone preseBt to address the Council. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Mr. Bruce Haitz spoke to the matter and requested favorable rezoning. Councfi Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 63-87 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZON- ING MAP OF THE CITY OF DU- BUQUE, IOWA BY RECLASSIFY ING PROPERTY AT 2234 AND 2236 CENTRAL AVE. FROM R-2A ALTER- NATE TWO-FAMILY RESIDENTIAL )ISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT, said dinance having been presented and read at the Council Meeting of September 21, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 63-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASS- IFYING HEREINAFTER DESCRIB- ED PROPERTY AT 2234 AND 2236 CENTRAL FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DIS- TRICT TO C-4 DOWNTOWN COM- MERCIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Cede of Ordinances of the City o£ Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying hereinafter described property from "l~2A Alte~ nate q~vo-Family Residential District" to "C-4 Downtown Commercial District'~ to wit: Lot 2 of 6F of L.H. Langwor thy Ad- dition, Lot 2 of Lot 4D of L.H. Langwor- thy Addition, Lot 1 of Lot I of 6F of L.H. Langwor thy Addition, and to the center line of the adjoining public right of way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amefld- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa~ 392 Regular Session October 5, 1987 Passed, approved and adopted this 5th day of October, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald this 9th day of October, 1987. Mary A. Davis City Clerk It 10/9 Council Member Simon moved final adoption of the Ordinanc~ Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to reclassify property at 2640 John E Kennedy Road, presented and read. Attorney Wm. Conzett, on behalf of Bechen and Hanson, and LeRoy Tim- merman of 2363 J.F.K. requested rezon- lng. Gene Schisslng, 2585 Rosewood, I.W. Kircher, 2549 Rosewood, Jerry Jagulski, 2593 Rosewood, Kevin Conlon, 2689 Marywood, and Merlin Langkaml% ail objected to the proposed rezouing. Council Member Kronfeldt moved that the proof of publication be receiv- ed and filed. Seconded by Council Mem- ber Simoo, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaidt, Man- ning, Simon. Nays--None. An ORDINANCE Ameriding the Zen- lng Ordinance and Zoning Map of the City of Dubuque~ IA by reclassifying property at 2640 John F. Kennedy Road from R-1 Single Family Realdentiai District to OR Office Realdentiai Dis- trict, (first reading given at the meeting of 9/21), presented for further action. Council Member Kronfeldt moved that the rules be waived requiring an Or- dinance to be read at three separate meetings before finai adoption of the Or- dinancg Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--Council Members Deich, Krieg, Kronfaidt, Manning. Nays-- Mayor Brady, Council Members Klues- ncr, Simon. ORDINANCE NOT A- DOPTED DUE q~O LACK OF sA VOTE. Communication of City Manager re- questing a Public Hearing be set to grant a temporary easement to the Iowa DOT for location of dredge lines and dredge fill site, presented and read. Council Member Khiesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 272-87 RESOLUTION OF INTENT TO GRANT A TEMPORARY EASE- MENT TO THE IOWA DEPART- MENT OF TRANSPORTATION. WHEREAS, the Iowa Department of Transportation has the need for 1,200,000 cubic yards of fill for the Relocated 61 Highway project in the City of Dubuque; and WHEREAS, the Iowa Department of Transportation is interested in having a temporary easement on land owned by the City of Dubuque and FDL Foods, In~ located on the west side of Kerper Boulevard north of 19th Street Exten- sion and Fengler Street; and WHEREAS, the Iowa Department of TranspOrtation also is requesting easements on two alternatives for a dredge line from the dredge site located on the southeasterly corner of the Chaplain Schmitt Memorial Island; and WHEREAS, these aiternative dredge lines would be either installed under the river to the 16th Street Detention Basin and then northerly to the fill site or across Chaplain Schmit~ Memorial Island and the 16th Street Peosta Chan- nai bridge and then northerly to the fill site; and WHEREAS, the Iowa Department of Transportation will remove any and all trees and vegetations from the stock pile Regular Session WHEREAS, the Iowa Department of Transportation assumes no liability for any materials left in the storage site or makes no claims as to the elevation of said site upon completion of its use; and WHEREAS, termination date on the temporary easement would be on the completion of the Relocated 61 project. NOW, THEREFORE, BE IT RE- SOLVED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That t~e City of Dubuque proposes to grant temporary easements to the Iowa Department of Transporta- tion for routing of dredge lines and storage of fill materiais on City owned property. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Chapter 364.7 Disposal of Property - Code of Iowa 1987 or as amended. Passed, approved and adopted tiffs 5th day of October, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution and set Mat- ter for Public Hearing on 10-19-87 at 7:30 p.m. in the Public Library Auditorium and directed City Clerk to publish notice in the manner prescribed by law. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khies- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring documents pertaining to the vacating of a portion of the excess right- of-way which was created by the realign- merit of the Cedar Cross Road Bridge in 1985, presented and read, Council Member Kluesner moved that the communication be received and Iii- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- October 5, 1987 393 Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 273-87 RESOLUTION APPROVING PLAT OF VACATED PORTION OF EXCESS CEDAR CROSS ROAD RIGHT OF WAY FROM CRESCENT RIDGE ROAD APPROXIMATELY 320 FEET SOUTHERLY WHEREAS, there has been presented to the City Council of the City of Du- buque, Iowa a plat dated July 6, 1987 prepared by IIW Associates, P.C, Du- buque, Iowa, describing the vacated po~ tion of excess Cedar Cross Road right- of-way from Crescent Ridge Road ap- proximately 320 feet southerly; and WHEREAS~ said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July 6, 1987 prepared by IIW Associates, PC. relative to the real estate hereinabove described be and the same is hereby ap- proved, and that the Mayor and City Clerk be and they are hereby authoriz- ed and directed to execute said plat for and on behalf of the City of Dubuque, Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved a~d adopted this 5th day of October, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution, Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Kronfaldt, Manning, Simon. Nays--Nong 394 An ORDINANCE Vacating a portion oI excess Cedar Cross Road right-of-way from Crescent Ridge Road approximate- ly 320 feet santherl~; presented and read. 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 and be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 19th day of October, 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 Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 274-87 RESOLUTION DISPOSING OF CITY INTEREST IN ERSCHEN PLACE 1N THE CITY OF DUBUQUE, IOWA WHEREAS, Alice II. Erschen has re- quested the vacating of a portion of ex- cess Cedar Cross Road right-of-way from Crescent Ridge approximately 320 feet southerly in the City of Dubuque, Iowa; and WHEREAS, IIW Associates, PC., Dubuque, Iowa has prepared and sub- mitted to the City Council a plat show- ing the vacated portion of excess Cedar Cross Road right-of-way and assigned a lot number thereof, which hereinafter shall be known and described as "Erschen Place" in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of excess Cedar Cross Road right-of-way is no longer required for public use, and vacating and sale of said portion of excess Cedar Cross Road right-of-way known as Erschen Place in the City of Dubuque, Dubuque County, Iowa should be approved. NoW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RegUlar Session, October 5, 1987 Section L That the City of Dubuque intends to dispose of its interest in Erschen Place in the City of Dubuque, Iowa. Section 2. That the conveyance of Erschen Place in the City of Dubuque, Iowa be for and in consideration of the ,f court action with regard to condemnation of a portion of the pro- perty in question, and no monetary ex- change is required. Section 3. That the City reserves un- to itself a perpetual easement including the right of ingress and egress thereto, for the purpose of reconstructing, repair- ing, modifying, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be currently anthor~zed by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to ~ notice of intent to dispose of said real estate in a manner as prescribed by law. Passed, approved and adopted this 5th day of October, 1987. James E. Brady Mayor Mary A. Davis City Clerk Council Member Klueaner moved adoption of the Resolution. Seconded by Council Member Sinmn. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriegl Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting public bidding procedures for construction of a practice drill area for the Fire Department, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Regular Session RESOLUTION NO. 2754~7 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 Fire Department Drill Area, in the estimated amount of $42,745.45, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 5th day of October, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayer Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 276-87 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- tion of the Fire Department Drill Area. NOW, THEREFORE, BE IT RE- SOINED that on the 19th day of Oc- tober, 1987, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested per- sons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, October 5, 1987 395 which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed. approved and adopted this 5th day of October 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk RESOLUTION NO. 277-87 ORDERING RIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Fire Department Drill Area is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shah not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 13th day of October, 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 19th day of October, 1987. Passed, approved and adopted this 5th day of October 1987. Jan~es E. Brady Mayor ATTESq~ Mary A. Davis City Clerk 396 Regular Sessior Council Member Krieg 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 questing the tentative approval to lease property to TCI Cablevisian of Dubuque, Inc., presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Klues- ncr. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 278-87 RESOLUTION EXPRESSING INTENT TO LEASE APPROXI- MATELY 500 SQUARE FEET OF PROPERTY TO TCI CABLEVISION OF DUBUQUE, IOWA FOR CONSTRUCTION OF B-CABLE INSTITUTIONAL NETWORK HUB SITE WHEREAS, TCI Cablevision of Dubuque, Inc. an Iowa Corporation is now the grantee to the Dubuque cable service delivery franchise, Ordinance No. 42-81; and WHEREAS, under Resolution Nb 293-87 approving transfer of ownership of the cable franchise a special Channel Expansion Agreement was incorporated; and WHEREAS, one of the provisions of this agreement was that the cable com- pany would rebuild and reconflgure the B cable instltut~onal network according co specification utilizing a central hub on or before September 1. 1988: and WHEREAS. the City of Dubuque agreed in this same agreement to provide ehe land for such a building to be located on City properry at a minimum charge; and WHEREAS. a site has been mutual- ly selected by the City of Dubuque and TCI Cablevision of Dubuque on prope~ October 5, 1987 ty owned by the City of Dubuque south of Finley Hospital and adjacent to the College Street water reservoir; and WHEREAS, the attached lease agree- ment (considered a part hereto) provides that any building or other structures constructed on the property must be of non-combustible construction and the property must be completely fenced; and WHEREAS, the lease agreement fur- ther provides that in event that the pro- perty should conflict with any of the Ci- ty water operations the lease may be ter- minuted on a 30 day notice to lease; and WHEREAS, the term of the lease would be from October 15, 1987 through September 30, 2001, date of termination of the cable franchise. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached lease agreement is tentatively approved, sub- ject to a public hearing, for lease of ap- proximately 500 square feet of proper- ty to TCI Cablevision of Dubuque, an Iowa corporation for a term beginning October 15, 1987 and ending September 30, 2001. Section 2. That the City Clerk be directed and authorized to publish a notice of a public hearing as prescribed under Chapter 364.7 Disposal of Interest in Real Estate -- Code of Iowa, 1987 or as amended. Passed. approved and adopted this 5th day of October 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. setting it for Public Hearing on October 19, 1987 at 7:30 p.m. in the Fublic Library Audi- terinm and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kinesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich. Regular Session Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Kenneth Hindman, Chairperson of Human Rights Commis- sion, submitting their report on certain matters designated by the Council, presented and read. Council Member Kfuesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Coundil Members Delch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Petition containing 56 signatures re- questing Council review the current use of land located at 4304 Peru Read which is owned and operated as a Greyhound Dog Kennel, presented and read. Roger Massey, 4640 Cinnamon, stress- ed declining property values because of this usage. Thomas Miller of Peru Rd. Melvin Kelly, Bob McClain, Ren Ludo- vissy and Linda Gage all spoke to the matter. Council Member Krieg moved that the petition be received and filed and referred to the City Staff for in- vestigation and report back to Council. Seconded by Council Member Delch. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Airport Commie~ sion requesting support to endorse the Commission's effort to promote the con- tinued structured growth of the Airport with a terminal renovation project, 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 Kluesner, Krleg, Manning, Simon. Nays--Council Member Kronfeldt. RESOLUTION NO. 279-87 RESOLUTION AUTHORIZING APPLICATION FOR ESSENTIAL AIR SERVICE TERMINAL IMPROVEMENT PROGRAM (EASTIP) FUNDS October 5, 1987 397 WHEREAS, the City of Dubuque desires to apply for EASTIP funds to ac- complish certain improvements at the Dubuque Municipal Airport consisting of: Improving lendslde access by separating enplaning and deplan- ing passengers at curbeide; Improving flexibility of operation by consolidating ticket counters in a single area. This will make the airline changeovers, which seem to be occurring more often since d~regulation, more manag~ able; Create a secured hold room so screening can be done in advance of actual bom~ling, relieving con- gestion at peak periods; Reorganize existing layout to pre- vide for future growth and expan- sion while maximizing use of ex- isting space; and WHEREAS, the City of Dubuque en- dorses said project and allows the Air- port Commission to adjust its current CIP to commit funds Ior the local mat- ching share not to exceed $28,500; and WHEREAS, the City of Dubuque agrees to maintain improvements fund- ed by EASTIE NOW, THEREFORE, BE IT RE- SOLVED that on the 5th day of October, 1987, the Dubuque City Council did authorize the Chairman of the Airport Commission to sign the application for an EASTIP project on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of October 1987. James E. Brady M~yor ATTESt. Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--Council Member Kronfeldt. 398 Regular Session Communication of City Manager responding to petition from Mr. Merlin Langkamp and recommending denial of his request for the city to provide rip- rap for placement along the banks of the ditch located along West 32nd Street, presented and read. Mr. Langkamp spoke to the matter. Council Member Simon moved that the communication be received and filed and approved recommendation of the City Manager. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, gronfeldt, Manning, Simon. Nays--Mayor Brady, Council Member Deich. RESOLUTION NO. 280-87 RESOLUTION PROVIDING FOR THE ISSUANCE OF $300,000 STREET IMPROVEMENT BONDS WHEREAS, on July 16, 1986, the City of Dubuque, Iowa, entered into con- tract with HorsReld Construction, Inc. of Epworth, Iowa, for the construction of the 1986 Asphalt Paving Project hereinafter sometimes referred to as the "project", within the City; and WHEREAS, the construction of the project has been completed and was, by resolution of this Council duly passed and approved on January 19, 1987, ac- ceptcd as having been constructed in ac- cordance with the plans, specifications and contract; and WHEREAS, the Council did on January 19, 1987~ by a resolution duly adopted, levy and assess a special tax on all of the abutting and adjacent proper- ty within the benefited area of the 1986 Asphalt Paving Project, and against the owners thereof in the sum of $224,415.44, being the portion of the cost of said improvement assessable against benefited property, and a cer- tificate of the levy of te~x, certified as cor~ rect by the Clerk, has been filed with the official of Dubuque County, Iowa designated by law to receive the said fil- ing and to cause the assessments to be cdilectcd; and WHEREAS, on July 9, 1986, the City of Dubuque, Iowa, entered into contract October 5, 1987 with Flynn Company, Ink of Dubuque, Iowa, for the construction of the 1986 Concrete Paving Project hereinafter sometimes referred to as the "project", within the City; and WHEREAS. the construction of the project has been completed and was, by resolution of this Council duly passed and approved on January 19, 1987, ac- cepted as having been constructed in ac- cordance with the plans, specifications ~nd contract; and WHEREAS, the Council did on January 19, 1987, by a resolution duly adopted, levy and assess a special tax on all or, the abutting and adjacent proper- ty within the benefited area of the 1986 Concrete Paving Project, and against the owners thereof in the sum of $521,467.52, being the portion of the cost of said improvement assessable against benefited property, and a cer- tificate of the levy of tax, certified as coo rect by the Clerk, has been filed with the official of Dubuque County, Iowa designated by law to receive the said fil- ing and to cause the assessments to be collected; and WHEREAS, of the aforesaid assess- ment of tax there remain unpaid fdilow- ing the initial collection period assess- ments, after provision for a default fund, in total sum not less than the principal amount of the Bonds hereinafter authorized as to the legality or regular- ity of the assessment of which no ap- peals have been taken, and which assess- monte are payable in equal annual in- stallments payable during the month of September in each year; and WHEREAS, it is necessary that Bonds be issued in anticipation of the collection of unpaid special assessments in order to provide funds for the present payment of the proper costs of the project. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text ex- pressly or by necessary implication re- quires otherwise: Regular Session (a) "Bonds" shall mean $300,000 Street Improvement Bonds, authorized to be issued by this Resolution; (b) "Issuer" and "City" shall mean the City of Dubuque, Iowa; {c) "Paying Agent" shall be the Bankers q~ust Company or such suc- cessor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of prin- cipal of and interest bn the bonds as they shall become due. (d) "Project Fund or Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. (e) "Rebate Fund" shall mean the fund so defined in and established pur- suant to the qhx Exemptinn Certificate. (i) "Registrar" shall be the Bankers Trust Company of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register ef the owners of the Bonds. Unless othe~ wise specified, the Registra~ shall also act as Transfer Agent for the Bonds. (g) "Tax Exemption Certificate" shall mean the Tax Exemption Ce~ tificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. (h) "Treasurer" shall mean the C~ty Treasurer or such other officer as shall succeed to the same duties and respon- sibilities with respect to the recording and payment of the Bonds issued hereunder; Section 2. Assessments. The assess- ments heretofore levied on the property subject to assessment for the construc- tion of the project and benefited by the improvement heretofore authorized and ordered to be made are directed to be paid in ten (10) equal annual install- ments in the same manner as the September semiannual payment of or dinary taxes beginning with the install- ment due in 1987. October 5, 1987 399 Unpaid assessments and each install- ment thereof shall be payable at the of- lice of the County Treasurer on or before the time above set forth, and each in- stallment shall include interest on the unpaid balance of the assessment from and after the date of acceptance of the improvements for which the assessment is made, not only until paid but also un- til December 1st following the date on which payment is made for the amount of the installments, at the rate of nine per centum per annum, with the Sop- tember payment of ordinary taxes in each year, and the County Treasurer shall compute and shall collect the in- terest computed to the 1st day of December next succeeding the maturity of the installments. Section 3. Application of Bond Pro- ceeds. Proceeds of the Bonds other than accrued interest except as may be pro- vided beinw shall be credited to the Pro- ject Fund and expended therefrom for the purposes of issuance. Any amounts ~n hand in the Project Fund shall be available for the payment of the prin- cipal of or interest on the Bonds at any time that other funds shall be insuffi- cient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not im- mediately required for its purposes may be invested not inconsistent with limita- tions provided by law or this Resolution. Accrued interest, if any, shall be de- posited in the Bond Fund. Section 4. Bond Details, Execution and Registration. (a) Bond Details. In anticipation of the collections of the several installments of the assessments and in order to provide )resently for the necessary funds to pay a part of the cost of the construction of the project, Street Improvement Bonds of the City in the amount of $300,000 shall be issued pursuant to the provi- sions of Section 384.68 of the City Code of Iowa, The Bonds shall be designated STREET IMPROVEMENT BOND", be dated September 1, 1987, and bear in- terest from the date thereof, until pay- ment thereof, payable at the office of the Paying Agent. Interest shall be payable 400 Regular Session October 5, 1987 December 1, 1987 and annually thereafter on the 1st day of December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the facsimile signature of the Mayor and at- tested by the facsimile signature of the Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and in- terest as provided in this Resolution. The Bonds shall be numbered from I to 60, both numbers inclusive and shall be in the denomination of $5,000 each. The Bonds shall mature and bear interest as follows: (b) Redemption. Bonds maturing after December 1, 1987 ~nay be called for redemption by the Issuer and paid before maturity from any funds regardless of source, in whole or from time to time in part, in the order of their numbering on or within 45 days after said date or any succeeding interest payment date by giv- lng ten days' notice of redemption by registered mail, to the registered owner of the Bond. A copy of said notice of redemption may also be given, by regular mail, to the original purchaser of the Bonds. The terms of redemption shall be par, plus accrued interest to date of call, Section 5. Registration of Bonds; Ap- pointment of Registrar; Transfer Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for tbe registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with he Issuer filed herewith which is made a part hereof by this reference, and registration is to be noted on the reverse side of the Bonds by the Bond Registrar. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of prin- alpai of and interest on the Bonds as pro- vided in this Resolution. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Sec- ;ion 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registra- tion and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social secur- ity number or federal employer iden- tification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all suci~ transferees). In the event that the ad- dress of the registered owner of a Bond (other than a registered owner which is the nominee of the hi~)ker or dealer in question) is that of a broker or dealer; there must be disclosed on the Registra- tion Books the information pertaining to the registered owner required above. Upon the transfer of any Bond, the Registrar shall note the transfer on the back of the Bond and deliver the Bond to the new owner or as otherwise di- rected by him, If necess a~, tbe Registrar shall cause to be prepared a new Bond which may be substituted for the old Bond which shall be cancelled. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register the Bonds at he earliest practicable time, on the Registration Books, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the ~erson in whose nanae the ownership shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absohite owner for Regular Session ali purposes, and payment of or on ac- count of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest there- on, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been ~leemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Regi- strar shallbe destroyed and a certificate of the destruction thereof shall be fur- nished promptly to the Issuer; provid- ed that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shalibe the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or prin- cipal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any re- maining funds so held to the Issuer, whereupon any claim under this Resolu- tion by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 6. Reissuance of Mutilated, October 5, 1987 401 Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, ,he Issuer shall at the request of Regi- strm' authenticate and deliver a new Bond of like tenor, number and amount as the Bond so mutilated~ destroyed, stolen or lost, in exchange and substitu- tion for such mutilated Bond to Regi- strar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence saris- factory to the Registrar and Issuer that such Bond has been destroyed, stolen or 10st and proof of ownership thereof, and upon furnishing tbe Registrar and Issuer w~th satisfactory indenmity and comply- ing with such other reasonable regula- tions as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 7. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the regi- stered holder thereof or to their desig- nated agent appearing on the books of the Registrar on the 15th day of the month preceding the payment date. Such payments shall fully discharge the obligations of the Issuer respecting the Bonds to the extent of the payments madg Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 8. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the Bonds to or upon order of the Purchasel: No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the registrar shall duly endorse and execute on such Bond a Certificate of Authen- tication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolu- tion and that the halder thereof is entitled to the benefits of this Reso- lution. 402 Regular Session October 5, 1987 No Bonds shall be authenticated and delivered by tim Registrar unless and un- til there shall have been provided the following: 1. A certified copy of the resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer, directing the authen- tication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorwaller Haynie, Smith & Allbee, Bond Counsel, concerning the validity and legality of all the Bonds pro- )osed to be issued. Section 9. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Prying Agent upon giving prompt written notice to each registered bondhalder, Section 10. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the Amar- ican Standards Institute substantially in the form as follows: (1) (2) (9) (9A) (10) (continued on the back of this Bond) (11)(12)(13) ] ~j [ (15) FIGURE 1 (Front) Regular Session, October 5, 1987 403 (10) (Continued (16) (17) (18) FIGURE 2 (Back) The text of the bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figaro = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" Item 9, figure 1 = The City of Du- buque~ Iowa, a municipal corporation or- ganized and existing under and by virtue of the Constitution and laws of the State of Iowa tthe "Issuer"), for value receiv- ed, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = the owner of record of this Bond (noted on the reverse hereof) or registered assigns Item 10, figure 1 = the principal sum of (principal amount written out) Thou- sand Dallars in lawful money of the United States oi A~nerica, on bbc matur- ity date shown above, only upon presen- tation and surrender hereof at the office of Bankers Trust Company, Paying Agent of this issue, or its successon with interest on said sum from the date hereof until paid at the rate per annum speci- fied above~ payable on December 1, 1987, and annually thereafter on the 1st day of December in each yeaz. Interest and principal shall be paid to the registered owner of the Bond as shown by the records of ownership main- tained by the Registrar as of the 15th day of the month next preceding the due date. Interest shall be computed on the 404 Regular Session October 5, 1987 basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Section 384.68 of the City Code of Iowa, for the purpose of paying costs of the 1986 Asphalt Paving Pro- ject and the 1986 Concrete Paving Pro- ject, in conforndty to a Resolution of the City Council of the Issuer duly passed and approved, the terms of which are in- corporated herein by reference. This Bond is one of a series of bonds of like tenor and date, except maturity and interest rate, numbered from I to 60 both numbers inclusive, in the amount of $5,000 each, and is issued for the pur- pose of defraying a part of the cost of construction of the 1986 Asphalt Pav- ing Project and the 1986 Concrete Pav- ing Project within the City, which cost is payable by the benefited property abutting and adjacent to said improve- ment project and made by law a lien on all said property. Said assessment is payable in ten (10) equal annual in- stallments with interest on ail deferred payments at the rate of nine per centum per annum. This Bond and the issue of which it is a part are payable only out of the Fund created by the collection of said special tax, and said Fund can be used for no other purpose. Bonds maturing after December 1, 1987, may be called for redemption by the Issuer and paid before maturity from any funds regardless of source, in whole or from time to time in part, in the order of their numbering on or within 45 days after said date or any succeeding interest payment date by giving ten days' notice of redemption by registered mail, to the registered owner of the Bond. A copy of said notice of redemption may also be given, by regular mail, to the original purchaser of the Bonds. The terms of redemption shall be par, plus accrued in- terest to date of call. This Bond is registered as to owner- ship of principal and interest in the name of the holder on the books of the Issuer in the office of the Registrar, such registration to be endorsed by notation or~ the back herebf by said Registrar, after which no transfer shall be valid unless made on said books and similar- ly noted hereon. Bankers Trust Company of Des Malnes, Iowa has been appointed to serve as Registrar of this bond. Issuer reserves the right to substitute the Registrar and Paying Agent, but shall, however, promptly give notice to registered bondholders of such change. All Bonds shall be negotiable as provid- ed in Article 8 of the Uniform Commer- cial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in the Bond Resolution. And it is hereby certified and recited that all the acts, conditions and things requisite, according to the laws and con- stitution of the State of Iowa, to exist, to be had, to be done, or to be perform- ed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law and said resolution, and for the assessment, col- lection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque, Iowa, are hereby irrevocably pledged. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Bankers Trust Com- pany, Des Molnes, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned resolution, as registered by Breakers Trust Company. Bankers Trust Company By Registrar Item 13, figure 1 = Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Company Item 14, figure I = (Seal) Regular Session Item 15, figure 1 = [Signature Binck] City of Dubuque, Iowa By ( - facsimile signature - ) Mayor Attest: ( - facsim~) City Clerk Item 16, figure 2 = It is certified that the following is a correct and com- plete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. ( - facsimile signature - ) City Clerk [Opinion of Bond Counsai] Item 17, figure 2 = A separate Assign- ment of this Bond may be made in writing substantially in the form below: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Name of Transferee) (Social Security or Tax Identification No. __ ) the Street Improvement Bond of the City of Dubuque, Iowa, dated September L 1987, NumlJer ~ and does hereby irrevocably constitute and appoint (Bankers Trust Company of Des Moines, Iowa), Registrm; attorney in fact to transfer the said Bond on the books kept for registration of the said Bond, with full power of substitution in the premises. Dated [Date) (Signature of registered owner(s) (Person(s) executing this Assignment ~n(s) here) SIGNATURE ) GUARANTEED) (See note below) IMPORTANT READ CAREFULLY The signature(s) to this Power must correspond with the name[s) as written upon the back of the Bond(s) in every particular without alteration or enlarge- ment or any change whatever. Signature October 5, 1987 405 guarantee should be made by a member or member organization of the New York Stock Exchange, members of other Ex- changes having signatures on file with transfer agents or by a commercial bank or trust company. Item 18, figure 2 = [Information Re- quired for Registration -- Printer to Provide as Many Lines as Practicable[ REGISTRATION OR OWNERSHIP INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is aln): Individual* Corporation Partnership __ qYust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one ad- dress and social security number must be provided. The follo~ving abbreviations, when us- ed in the inscription on the back of this Bond, shall be construed as though writ- ten out in full according to applicable laws or regnlations[ TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - ......... Custodian ........... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ................ (State) Section 11. Contract Between Issuer and Purchaser. This Resalution con- 406 stitutes a contract between said City and the purchaser of the Bonds. All sums collected as payment of prin- cipal installments of the assessments or interest tliereon shall be placed in a trust fund and applied to the payment of the Bonds and interest thereon in the order of maturity, Any sums accumulated iu the trust fund in excess of the annual re- quiremente of principal and interest fall- ing due in any year shall be applied to the call and redemption prior to matur- ity of such additional Bonds as may be retired within the available amounts. Any amounts on hand in the trust fund may be invested for the benefit of the fund in direct obligations of the United States Government for a period not exceeding twelve months and in no event maturing later than three days prior to the maturity date of the Bonds falling due in the calendar year of their receipt. Section 12. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use v~ll be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage Bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circum- stances that would materially change the foregoing statements or the conclu- sion that it is not expected that the pro- ceeds of the Bonds will be used in a man- ner that would cause the Bonds to be ar- bitrage bonds. Without limiting the generality of the foregoing, tlie Issuer hereby agrees to comply with tbe provi- sions of the qbx Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to inake and insert all calculations and determina- tions necessary to complete the Tax Ex- emption Certificate in all respects and to execute and deliver the Tox Exemp- tion Certificate at issuance of the Bonds Regular Session, October 5, 1987 to certify as to the reasonable expecta- tions m~d covenants of the Issuer at that date. Section 13. Severability Clause. If any sectinn, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the re- malfung provisions hereof, and this Resolution shall become effective im- mediately upon its passage and ap- proval. Section 14. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and cove- nants with the purchasers and holders of the Bonds from time to time out- standing that the Issuer through its of- ricers, (a) will make such further specific covenants, representations and assur- ances as may be necessary or advisable; (b) comply with all representations, con- venants and assurances contained in the ~ Exemption Certificate, which ~x Exemption Certificate shall constitute a part of the contract between the Issuer md the owners of tbe Bonds; (c) consult with bend counsel/as defined in the ~ax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be re- quired and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 15. Amendment of Resolution o Maintain Tax Exemption. This Reso- lution may be amended without the con- sent of any owner of the Bonds if, in the opinion of bond counsel, such amend- emption with respect to the Bonds under applicable Federal law or regulations. Section 16. Qualified ~[hx-Exempt Obligations. For the sole purpose of qualifying the Bonds, as "Qualified ~x Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified trax exempt obligations and represents that the reasonably anti- cipated amount of tax exempt govern- Regular Session, October 5, 1987 ment and Code Section 501(c)3 obliga- tions which win be issued during the cur- rent calendar year will not exceed Ton {10) Million Dollars. Section 17. Repeal of Conflicting Resolutions or Ordinances. That all or- dinances and resolutlons and parts of or- dinances and resolutions in conflict herewith are hereby repealed. passed, approved and adopted tliis 5tli day of October, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfaldt, Manning, Simon. Nays--Nong Communication of Council Member Manning regarding appointment to the Dubuque Racing Association; submit- ting resignation effective now and re- questing endorsement of Dave Sfumn, presented and read. Council Member Manning moved that the communication be received and fil- ed and approved endorsement of Dave Simon. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Khiesner, Krieg, Kronfeldt, Man- ning. Nays--None. Abstain--Council Member Simon. BOARDS AND COMMISSIONS: HOUSING COMMISSION: 3 - 3-Year terms which will expire 8-17-90/terms of McDonald, Ransdall, & LaRue). Ap- plicante: Ray LaRue, Mary Ransdell and Linda McDonald. Council Member Krleg moved that Ray LaRue, Mary Ranedefi and Linda McDonald be reap- pointed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfaldt, Man- ning, Simon: Nays--None. BOARD OF ELECTRICAL APPEAL: 407 One 3-Year Term which will expire 7-12-90 (term of Grothe) - must be a Journeyman Electrician. Applicant: David J. Meyers. Council Member Krieg moved that David J. Meyers be ap- pointed. Seconded by Council Member t. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Khiesner, Krieg, Kronfaldt, Man- ning. Sfuxon. Nays--None. PARK & RECREATION COMMIS- SION: One unexpired term which will expire 6-30-89 (term of Jane White). Ap- plicant: Paul Hoffmann, D.D.S. Council Member Krieg moved that Paul Hoff- mann be appointed. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khresner, Krieg, Kronfaldt, Manning, Simon. Nays--None, HOUSING CODE APPEALS n which will expire 1-11-88. Applicant: Edward A. Swift. Council Member Krieg moved that Edward Swift be appointed. Seconded by CounCil Member Krordaldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Khiesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. TRANSIT BOARD: One 3-Year term which will expire 7-30-90 Iterm of W. pregler). Applicant: E. Eugene Perry. Mr. Perry spoke to the Council Council Member Krieg moved that Mr. Perry be appointed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Petitlon of Loras College requesting to transfer their Beer Permit to Cox St. Parking Lot on October 10th, was . and read. Counail Member Kluesner moved ap- proval of the request. Seconded by Coun- cil Member Simon. Vote on the motion was as follows: Yeas--Council Members Kluesner, Krieg, Simon. Nays--Mayor Brady, Council Membem Deich, Kron- inldt, Manning. MOTION FAILED. RESOLUTION NO. 281-87 WHEREAS, Applications for Beer 408 Regu_lar Session Permits have been submitted and flied to tlds Council for approval and the stone have been examined and approved; and WHEREAS, The premises to be oc- cupied by such apphcants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW, THEREFORE, BE IT RE- SOLVED by the Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Transport Sales, Co. Kwikst op Food Mart 1075 Dodge St. (Also Sunday Sales) Passed, approved and adopted this 5th day of October; 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Delch moved adop- tlon of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Kluesner, Krieg, Kronfaldt. Manning. Nays-- None. RESOLUTION NO. 282~7 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply witb the State law and all City Ordinances relevant thereto and they have filed proper bonds; NOV~ THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa. that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. October 5, 1987 CLASS .B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O, Heliing Dodge House Motel & Restaurant 701 Dodge St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eugene L. Kopp Gene's 1641 Asbury (Also Sunday Sales) Judith M. Sandidge The Pump ' 1301 Rhomberg Passed, approved and adopted this 5th day of October. 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk ' Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfaldt, Manning. Nays-- None MINUTES SUBMITTED: Airport Commission of 9-15; Electrical Examin- ing Bd. of 9-14; Five Flags Commission of 9-21; Fourth Street Peninsula Com- mittee of 9-9 & 9-23: Historic Preserva- tion Commission of 9-22; Housing Com- ission of 9-15: Mechanical Bd. of 9-8; Public Library of 9-15; Transit Trustee Bd. of 9-10, presented and read. Council Member Kronfeldt moved tha~ the minutes be received and filed. Seconded by Council Member Manning. Carried by the following vo~e: Yeas- Mayor Brady, Council Members Deich, Kluesner. Kronfaldt, Manning, Simon. Nays--Nong NOTICES OF CLAIM SUITS: Vin- cen~ Conner in am~. of $99.99 for car damages; Attorney Joseph Bitter on behaff of Jalm Davis, in amt. of at least $50.000 for vm. ious reasons; Carl & Mildred Datisman vs. City and DRA in unknown am~. for personal injuries: Edmund Gabel in u~known am~. for tire Regular Sessior damages; Mary June Johns in amt. of $300 for personal injuries; Robert McCarron in unknown amt. for car damages; Leona Sauser in unkown amt. for personal injuries, presented and read. Council Member Kronfeldt moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, K)'_ie g, Kronfeldt, Man- ning, Simon. Nays--None. REFUNDS REQUESTED: Church of the Nativity, $225 on unexpired Beer Permit; Dubuque JayCees, $225 on unexpired Beer Permit; Wm. Bantu, $75 on unexpired Cigarette License~ and presented and read. Council Member Kronfeldt moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- hint, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Finding of No Significant Effect on the Environment for the Th6isen Supply, Inc. Project, presented and read. Council Member Kronfeldt moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Manning. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kron- feldt, Manning, Simon. Nays--None. City Manager transmitting the Finan- cial Reports for the month of August, 1987, presented and read. Council Member Kronfeldt moved that the reports be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Iowa D(YlTM advising of their proposal to let a pavement repair project on Primary Read Ng US 61 from the October 5, 1987 409 Jackson County Line northerly to the City of Dubuque on January 19~ ~988, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of City Manager sub- mitting City's Annual Financial Report for FY ending 6/30/87, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- hint, Simon. Nays--None. Communication of City Manager re- questing the release of irmds for Theisen Economic Development Project, pre- sented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 283-87 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR THE THEISEN SUPPLY, INC. ECONOMIC DEVELOPMENT PROJECT. WHEREAS, The City of Dubuque, Iowa in conformance with the Envi- ronmental Review Procedures for the Community Development Block Grant Program convened an Ad Hoc Commit- tee on September 8, 1987 which com- pleted an environmental assessment of the following identified project: Tl~alsen Supply, Inc. Economic Development Project WHEREAS, pursuant to Resolution No. 266-87, adopted September 21, 1987, 410 Regular Session, October 5, 1987 public notice of a "Finding of No Signifi- cant Effect on the Environment" for the above project was published September 22, 1987 in the Dubuque Telegraph Herald, a newspaper of general circula- tion and provided for a public comment period until 12:00 Noon on Friday, Oc- tober 9, 1987; and, WHEREAS, public notice of a "Find- lng of No Significant Effect on the En- vironment'' for the project was sent by regular mall to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be appro- priate to receive such a public notice; and, WHEREAS, any and all objections, if any, to such proposal will be duly con- sidereal; 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 project. 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 project shall con- tinue to remain on file in the Office of the City Clerk where said record may be examined and copied by an 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 of funds to undertake the said project. Section 3, That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the s~atus of a respons- ible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply co the U.S. Department of Housing and Urban Development responsibilities for review, decision-making, and action assumed and carried out by the City of Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in his official capacity and on behalf of the City of Dubuque to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to 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 uest for Release of Funds in the form of Public Notice attached hereto and made a part thereof. Passed, aPproved and adopted tbis 5th day of October, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Patricia L. Cart, St. Joseph Street spokesperson, submitting comments regarding the Highway 20 Project from Concord Street te ius~ west of Blnff St.. presented and read. Ms. Carr spoke m the Council re- questing their suppor~ for sound barrier highway is constructed. Council Member M annhag moved that the communication be recexved and fil- ed and requested thal additional ques- tions be put in writing. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt. Manning, Simon. Nays--None. Regular Session Communication of City Manager responding to petition for the extension of Sanitary Sewer Service to Gillespie Street, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Krenfeldt, Manning, Simon. Nays--None. Communication of. City Manager recommending acceptance for the con- struction contract for the grading of the NW Arterial from Pennsylvania Ave. to Asbury Read, presented and read. Council Member Kronfeldt moved that the comnmnicatinn be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays-None. RESOLUTION NO. 284-87 ACCEPTING IMPROVEMENT WHEREAS, the Northwest Arterial Grading and Drainage contract, from Pennsylvania Avenue to Asbury Read has been completed and the City Manager has examined the work and fil- ed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its acceptehce. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa. that the recom~nen- datinn of the City Manager be approv- ed and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from General Obligation Bonds and the storm sewer fund in amount equal to the amount of his contract, less any retain ed percentage provided for therein. Passed, approved and adopted this 5th day of October, 1987. James E. Brady Mayor October 5, 1987 411 ATTES~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESoLuTIoN NO. 285-87 FINAL ESTIMATE WHEREAS, the Northwest Arterial Grading and Drainage contract, from Pennsylvania Avenue to Asbury Read has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RE- sOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said iin- provement is hereby determined to be $700,698.71 and that said improvement shall be paid from General Obligation Bonds and the Storm Sewer Construe- tion Fund of the City of Dubuque, Iowa. Passed approved and adopted this 5th day of October, 1987. James E. Brady Mayor ATTES~ 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, Kinesner, Kcieg, Kronfeldt, Manning, Simon. Nays None. Communication of City Manager recommending acceptance of construc- tion of offices for Transit Garage Opera- tions; presented and read. Council Member Kronfeldt moved that the communication be received and 412 Regular Session, October 5, 1987 filed. Seconded by Council Member including the cost of estimates, notices Manning. Carried by the following vote: and inspection and ail miscellaneous Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 286.87 ACCEPTING IMPROVEMENT WHEREAS, the contract fc struction of Offices for the Transit Garage Operations has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approv- ed and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Capital Improvement program with 80% UMTA and 20% local funds in an~ount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, approved and adopted this 5th day of October, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Secanded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Sbnon. Nays--None. RESOLUTION NO. 287-87 FINAL ESTIMATE WHEREAS, the contract for the Con- struction of Offices for the Transit Garage Operations has been completed and the City Engineer has submitted his final estimate showing the cost thereof costs; NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa: Section L That the cost of said im- provement is hereby determinad to be $147,669.87 and that said amount shall be paid from the Capital Improvement program with 80% UMTA and 20% local funds of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of October, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kfuesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending approval of a third ~mendment to the Lease Agreement with Hodge Transit Warehouse Co., presented and read. Council Member Krenfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 288-87 RESOLUTION AMENDING LEASE AGREEMENT WITH HODGE TRANSIT WAREHOUSE CO. WHEREAS, Hodge Transit Ware- house Co. has a lease agreement with the City of Dubuque dated April 29, 1969 and an amendment to said lease agree- ment dated May 13, 1969; and a second mnendment dated May 13, 1969; and WHEREAS, amendment to lease Regular Session, October 5, 1987 agreement dated May 13, 1969 makes reference to the "bank" as being Amer- ican Trust & Savings Bank, Dubuque, Iowa; and WHEREAS, Section 13 of the amend- ment to lease agreement provides that at least sixty {60) days prior notice be given to the bank prior to the termlna- tion of the lease in event of default by lessee; and WHEREAS, Lessee is now desirous of including the First National Bank of Dubuque as a bank to be identified in the lease agreement; and WHEREAS, the third amendment to the lease agreement changes bank to banks and define banks as American 2[~ust & Savings Bank of Dubuque, Iowa and First National Bank of Dubuque, Iowa; and WHEREAS, Section 13 of amend- ment to lease agreement dated May 13, 1969 is changed to make reference to banks rather than bank and that sixty ~60) days advance notice shall be given by the City prior to termination of lease in event of breach of lease. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Approved__ Section 1. That the Third Amendment Adopted. te Lease Agreemant be hereby approv- ed and the Mayor be directed and authorized to execute the third amend: merit to the lease agreement. Section 2. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this resolution and third amendment to the lease agree- ment with the offices of the City Treasurer, Dubuque County Recorder and Dubuque County Treasurer. Passed, approved and adopted this 5th day of October, 1987. Jan~es E. Brady Mayor ATTESt- Mary A. Davis City Clerk Council Member Kronfaldt moved adoption of the Resolution. Seconded by 413 Council Member Manning. Carried by g vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending approval, as requested by Dubuque In-Futuro for staff assistance to expand Dubuque Industrial Park, presented and read. Council Member Kronfeldt moved hat the communication be received and filed and approved. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Councl Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. There being no further business, Court- cfi Member Manning moved to adjourn the meeting. Seconded by Council Member Kronfeldt. Carried by the fol- lowing vote: Yeas--Mayor Brady, Coun- cil Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Meeting adjourned at 10:52 P.M. Mary A. Davis City Clerk __1988 1988 Mayor Council Members ATTESt. City Clerk 414 Board of Healt__.~_~_h October 19, 1987 BOARD OF HEALTH OFFICIAL Regular Quarterly Meeting, October 19, 1987, Board Met at 7:15 P.M., Public Library Auditorium. Present--Board Members Kluesner, Krieg, Kronfeldt, Sliuon. Absent--Chairperson Brady, Board Members Manning, Deich. Chairperson Pro;rem Simon read the call and stated this is the REGULAR QUAll, 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 requesting response regarding Roosevelt Road Sanitary Sewer Extension, presented and read. Mr. Nelson spoke, requesting that something be done as soon as possible. Board Member Kluesner moved that the petition be received and filed. Seconded by Board Member Kronfeldt. Carried by the following vote: Yeas-- Chairperson Pro'~Ibm Simon, Board Members Kluesner, Krleg, Kronfaldt. Nays--None. Absent--Chairperson Brady, Board Members Deich, Manning. Communication of City Manager sub- mitting findings regarding Septic Pro- blems on Roosevelt Read, presented and read. Board Member Kluesner moved that the communication be referred to the C.I.P. (Budget) Process. Seconded by Board Member Kronfeldt. Carded by the following vote: Yeas--Chairperson Pro- Tem Simon, Board Members Kluesner, Krieg, Kronfeldt, Nays--Nong Absent-- Chairperson Brady, Board Members Deich, Manning. Them being no further business, Board Member Kronfeldt moved to adjourn the Board of Health Meeting. Seconded by Board Member Krieg, Carried by the following vote: Yeas--Chairperson Pro- Tern Simon, Board Members Kluesner, Krieg, Kronfeldt. Nays--None. Absent-- Chairperson Brady, Board Members Deich, Manning. Meeting adjourned at 7:29 P.M. Mary A, Davis Secretary, Board of Health Approved __ 1988 Adopted 1988 Chairperson Board MembErs kTTES~ Secretary, Board of Health CITY COUNCIL OFFICIAL Regular Session, October 19, 1987. Council Met at 7:30 p.m. in the Public Library Auditorium. Present: Mayor Pro-Tern Simon, Coun- cil Members Kluesner, Krieg, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Mayor Brady, Council Mem- bers Deich( Manning. Council Member Deich entered Chambers at 7:33 p.m. Mayor Pro-Tern Simon read the call and stated this is the REGULAR SES- SION of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Mr. Rebert Serpliss, Dean of Students and Faculty Member of Emmaus Bible College. PROCLAMATION: Week of Nov. 2-8 as "RADIOLOGIC TECHNOLOGY WEEK" Council Member Kluesner moved that the rules be suspended to allow anyone present to address the Council if they should so desire. Seconded by Council Member Kronfeldt. Carried by the fol- lowing vote: Yeas--Mayor Pro~Tem Simon, Council Members Delch, Klues- net, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Proof of publication, certified to by tbe Publisher, on Notice of Public Hearing on Plans and Specs. for the Fire Depart- ment Drill Area, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kronfeldt moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Prorlbm Simon, Council Members Deich, Kluesner, Krieg, Kronfeldt. October 19, 1987 415 Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 289-87 RESOLUTION ADOPTING pLANS AND SPECIFICATIONS WHEREAS, on the 30th day of September, 1987, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Fire Department Drill A~ea; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 19th day of October, 1987. David L. Simon Mayor pr o-Tern ATTES'R Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor pro-qbm Simon, Council Members Daich, Klues- net, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady; Council Member Manning. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for construction of a Fire Department Drill Area AND Communi- cation of City Manager recommending to award contract for the project, presented and read. Council Member Kronfaldt moved that the proof of publicati°n and com- munication be received and filed. 416 Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor prc-q~m Simon, Council Members Deich, Kluesner, Kring, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 290.86 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Fire Department Drill Area pursuant to Resolution No. 277-87 and notice to bid- ders published in a newspaper publish- ed in the City of Dubuque, Iowa on the 8th day of October, 1987. WHEREAS. said sealed proposals were opened and read on the 13th day of October; 1987 and it has been deter- mined that the bid of River City Paving, Ina of Dubuque in the amount of $28,042.00 was the lowest bid for tlie fu~ nishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to River City pav- ing, Inc, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th day of October, 1987. David L. Simon Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the Regular Session, October 19, 1987 following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Klues- ncr, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider vacating a portion of excess Cedar Cross Road right, of-way frem Crescent Ridge Road approximately 320 feet southerly and advising of intent to dispose of said property to Alice H. and Ben E. Erechen, presented and read. There were no written objections and no oral objectors present at the time of the Hearing. Council Mem- ber Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor pro-Tern Simon, Council Mem- bers, Dalch, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. ORDINANCE NO. 64-87 ORDINANCE VACATING A POR- TION OF EXCESS CEDAR CROSS ) RIGHT OF WAY FROM CRES- CENT RIDGE ROAD APPROX- IMATELY 320 FEET SOUTHERLY, said Ordinance having been presented and read at the Council Meeting of Oc- tober 5th, presented for final action. IOFFICIAL PUBLICATION) ORDINANCE NO. 64-87 ORDINANCE VACATING A POtI~ TION OF EXCESS CEDAR CROSS ROAD RIGHT OF WAY FROM CRES- CENT RIDGE ROAD APPROX- IMATELY 320 FEET SOUTHERLY WHEREAS, Alice H. Erschen has re- quested the vacating of a portion of ex- cess Cedar Cross Road right, of-way from Crescent Ridge Road approximately 820 feet southerly in the City of Dubuque, Iowa; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa has prepared and sub- mitred to the City Council a plat show- ing the vacated portion of excess Cedar Cross Road right;of-way and assigned a Regular Session, October 19, 1987 lot number thereof, which hereinafter shall be known and described as "Erschen Place" in the City of Dubuque, Dubuque, County, Iowa; and WHEREAS, the City CounCil of the City of Dubuque, Iowa has determined that this portion of excess Cedar Cross Road right-of.way is no longer ~quired for public use and vacating of said por- tion of excess Cedar Cross Road fight- of-way known as Erschen Place in the City of Dubuque, ,Dubuque, County, Iowa should be approved. NOW. THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real eState describ- ed as Erschen Place in the City of Du~ buque, Iowa, be and the same is hereby vacated. Section 2. That the City reserves un- to itself a perpetual easement including the right of ingress and egress thereto, for the purpose of reconstructing, repai~ lng, modifying, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be currently authorized by the City of Dubuque, Iowa. Passed, a~reved and adopted this 19th day of October, 1987. David L. Simon Mayor Pro-Tern ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald this 26th day of October 1987. Mary A, Davis City Clerk R 10/26 Coundl Member Kinesner moved final adoption of the Ordinance, Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Prorpem Simon, Council Members, Daich, Kines- ncr, Kring, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 291-87 WHEREAS, pursuant to resolution and 417 published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on the 9th day of October, 1987, the City Council of the City of Dubuque, Iowa met on the 19th day of October. 1987, at 7:30 p.m. in the Public Library Auditorium, llth & Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as Erschen Place in the City of Dubuque, Iowa to Alice H. Erschen and Ben E. Erschen; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal of interest of the City of Du- buque, Iowa in the herainabove describ- ed real estate to Alice H. Erschen and Ben E. Erschen. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the disposal of interest of the City of Dubuque, Dubuque Coun- ty, Iowa in real property described as Erschen Place in the City of Dubuque, Dubuque County, Iowa to Alice H. Erschen and Ben E. Erschen be and the same is hereby approved. In conaldera- tion of the settlement of court action, to be no monetary excbange; con- veyance shall be by Quit Claim Deed, Section 2. That the Mayor be authotiz- ed and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby directed and authorized to deliver said deed of conveyance to the above named grantee. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the office of the City Assessor, Du- buque County Recorder and the Du- buque County Treasurer. Passed, approved and adopted this 19th day of October, 1987. David L. Simon Mayor pro-Tem ATTESq~ Mary A. Davis City Clerk 418 Regular Session, Council Member Kluesner moved adoption of the Resolutlon. Seconded by Council Memher Delch. Carried by the following vote: Yeas--Mayor proqhm Simon, Council Members Deich, Klues- ncr, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. proof of publication, cer tilled to by the Publisher, on Notlce of Public Hearing to consider granting temporary ease- ment to the Iowa Dept. of Transporta- tion for routing of dredge lines and storage of fill materials on City-owned property, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Pro-Tem Simon, Council Members Deicli, Kluesner, Krieg~ Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 292-87 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on the 9th day of October, 1987, the City Council of the City of Dubuque, Iowa met on the 19th day of October, 1987, at 7:30 p.m. in the Public Library Auditorium for the granting of tem- porary easements to the Iowa Depart- ment of Transportation for installation of dredge lines on Chaplain Schmitt Memorial Island and west side of Kerper Boulevard and storage of fill materials on City owned property located on the west side of Kerper Boulevard north of 19th Street Extension and south of Fengler Street; and WHEREAS, the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal of gran- ting a temporary easement in the here- inabove described properties to the Iowa Department of Transportation. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: October 19, 1987 Section 1. That the granting of tem- asement to the Iowa Depart- ment of Transportation for routing of dredge lines and storage of fill materials on City owned property be and the stone is hereby approved. Section 2. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the office of the City Assessor, Du- buque County Recorder and Dubuque County Treasurm: Passed, approved and adopted this 19th day of October, 1987. David L. Simon Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolugion. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tem Simon, Council Members Deich, Klues- ncr, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Proof of publication, certified to by the Publisher on Notice of Publle Hearing to consider leasing approximately 500 square feet of property to TCI Cablevi- sion of Dubuque~ for construction of B- Cable Institutional Network Hub Site, presented and read. There were no written objections and no oral objectors present at the time of the Hearing. Council Member Krleg moved that the proof of publication be received and filed, Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Pro-Tem Simon, Conned Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 293-87 WHEREAS, pursuant to Resolution and published notice of time and place of hearing published in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque on the 19th day of October, 1987, the Regular Session, October 19, 1987 City Council of the City of Dubuque, Iowa, met on the 19th day of Octebcr, 1987 at 7:30 p.m. in the Public Library Auditorium to consider leasing of pro- perty to TCI Cablevislon of Dubuque, Inc., Dubuque, Iowa; and WHEREAS, the City is owner of tract of property consisting of approximate- ly 500 square feet (more or less located in Lot 25 of Finley Home Addition in tbe City of Dubuque~ Iowa) and further described in an attachment A as incor- porated as part of the lease agreement; and WHEREAS, tlie City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written te the proposal to execute a lease agreement on this property with TCI Cablevision of Dubuque, Inc. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA~ Section L That the leasing of approx- imately 500 square feet of property located in Lot 25 of Finley Home Addi- tion in the City of Dubuque, Iowa to TCI Cablevision of Dubuque, Inc., Iowa for the terms and conditions outlined in the hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authoriz- ed to execute said lease agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of Octohe~; 1987. David L. Simon Mayor Pro-qbm ATTESq~ Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor pro-Tern Simon. Council Members Deich, Klues- ncr, Krleg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. 419 Communication of Planning and Zon- ing Commission approving the rezomng request of Gary and Kathleen Kennedy to reclassify property located East of N. Grandview Ave between Kanhnann Ave~ and Kant St., presented and read. Council Member Kluesner moved that the communication be received and fil- ~d. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Pro-Tem Simon, Council Memhers Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. ORDINANCE Amending Zoning Ordinance and Zoning Map by reclassi- fying property known as Castle Ridge Estates from P~I Single Family Residen- tial District to PR Planned Residential District, presented and read. Council Memher Kluesner moved that ;his be considered the first reading of thc Ordinance and that it be set for Public Hearing on Novemher 2, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Second- ed by Counell Member Krieg. Carded by the following vote: Yeas--Mayor pro-Tern Simon, Council Members Deich, Klues- ncr, Krieg, Kronfektt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of City Manager recommending to extend boundaries of the West 1 lth St. Historical District and set matter for public hearing on December 21, 1987, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Delch, Kluesner, Krleg, Kron- feldt. Nays--None. Aheent--Mayor Brady, Council Member Manning. An ORDINANCE Amending Section 19~/~-6.5 of the Code of Ordinances by ex- tending the boundaries of the W. 11th Street Historic Preservation District, presented and read. Council Member Deich moved that this be considered the first reading of the 420 Ordinance and that it be set for Public Hearing on December 21, 1987 at 7:30 p.m. in the Public Library Auditorium mid that the City Clerk publish notice in the manner prescribed by law. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Daich, Klues- ncr, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of City Manager re~ questing to approve disposing of City's interest in City-owned property to the Iowa DOT for Relocated 61 Project, presented and read. Council Member Kronfaldt moved that the communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Krieg, Kron- feldt. Nays--Nons Absent-Mayor Brady, Council Member Manning. RESOLUTION NO. 294-87 RESOLUTION OF INTENT TO DISPOSE OF CITY OWNED PRO- PERTY TO THE IOWA DEPART- MENT OF TRANSPORTATION WHEREAS, the Iowa Department of Transportation and the City of Dubuque entered into an agreement for the Relocated 61 project on April 4. 1973, agreement identified as 73-P-024; and WHEREAS, provisions of this agree- ment are that the City shall be respon- sible for providing without cost to the State: all right-of-way which involves a) dedicated streets or alleys; b) other City owned land subject to the conditions of the State shall reimburse the City for the value of the improvements situated on such City owned land; and WHEREAS, the Iowa Department of Transportation has needs for acquiring a piece of property located on the north- west corner of a lot located at the north- west corner of 16th and Kerper Boule- yard and also has needs inr a ~emporary easement along east edge of the proper- ty parallel to Kerper Boulevard for in- stallation of pipes associated with dredg- ing activities for the expressway project; and Regular Session, October 19, 1987 WHEREAS, the property for acquisi- tion is described as triangle 24.6 feet on the westerly edge and 54.6 feet on the northerly edge of River front Subdivisian #4 Lot I in the City of Dubuque, Iowa and the easement area is described as the east 64 feet of Lot 1 Riverfront Sub- division #4 in Dubuque~ Iowa; and WHEREAS, said easement shall be considered a temporary easement with termination upon completion of the highway project and the Iowa Depart- ment of Transportation will secure such a release of easement and de fiver a copy of such release to the City of Dubuque, NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in a triangular section of property of dimen- sinns of 24.6' by 54.6 feet on the north- west corner of Lot I of Riverfront Sub- r of Dubuque, Iowa. Section 2. That the City of Dubuque intends to grant a temporary easement to the Iowa Department of Transporta- tion for a strip of property 64' wide on the east edge of Lot I of River front Sub- division #4 in Dubuque, Iowa for use by the Iowa Department of Transportation for the construction of a bridge and in- stallation of piping system associated with dredging activities. Section 3. That the City o~ Dubuque will dispose of property in accordance with its agreement with the Iowa Department of Transportation signed on April 4, 1973, Iowa DOT Agreement ~-P-024 in which the City agreed to , owned land at no charge to ~ State for activities associated with the construction of the 61 project. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Chapter 364.7 Disposal nterest in Property -- Code of Iowa, 1987 or as amended. Passed, approved and adopted this 19th day of October, 1987. David L Simon Mayor Prorfem Regular Session, October 19, 1987 421 ATTES~ Mary A. Davis City Clerk Council M~mber Kronfeldt moved adoption of the Resolutinn. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Dalch, Klues- ne~; Krleg, Kronfaldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of City Manager recommending approval for release of easement regarding property sold to Klauer Mfg. C(~, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. , RESOLUTION NO. 295-87 WHEREAS, The City of Dubuque, Iowa, sold and conveyed Lot 2 of Sub of Lot 1 of Lot 1 of Lot I of Block 1, in River Front Subdivision No. 5, in the City of Dubuque~ Iowa, to Klauer Manufacturing Company pursuant to Resniutinn No. 91-85, which deed of con- veyance was filed for record in the Office of the County Recorder, Dubuque Coun- ty, Iowa, on June 7, 1985, as Instrument No. 4650-85; and WHEREAS, said deed of conveyance: (a) Contains several restrictions relative to construction, excavations and improvements on the property by Kinuer; and (b) Reserves to the City of Dubuque perpetual easements and rights of entry to repair, maintain and replace existing flood control levee; and (c) Reserves existing easement for water and sewer lines and utilities with respect to ingress and egress to repair, inspect and maintain the same; and WHEREAS, Klauer Manufacturing Company desires now to construct a building on said described real estate as ~ on the attached plat marked Ex- hibit "A;' which building is to be erected on the area shaded grey-black, and the U.S. Corps of Engineem has determined and so advised the City of Dubuque that suctx construction w6ald not adversely affect the functioning of the protective ~ facilities and has no objection to the proposed construction project by Klauer; and WHEREAS, the City Council of the City of Dubuque deems it in the best in- terest of the public that said releases, abandonments, vacations and dis- charges of the aforesaid restrictions, reservations and easements be approv- ed to the extent hereinafter provided; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section L That the restriction in the fforesald deed and Resolution No. 91-85 relative to the restriction on excavation, construction or operation of machinery should be released and Klaner Manufac- turing Company freed to construct the proposed building, located as shown on attached Exhibit "A:' pursuant to plans submitted to the City of Dubuque, Iowa. Section 2. City of Dubuque should release and cancel its reserved easements and rights of entry across Lot 2 of Lot I of Lot 1 of Lot I of Block 1 in River ; Subdivision Na 5, in the City ? Dubuque, Iowa, to maintain, repair, operate, patrol or replace the existing flood control levee and also to clear, cut, fill, remove and dispose of any and all timbers, trees, underbrush, buildings, improvements and other obstructions Section 3. The existing recorded ease- ment for sanitary sewer across said Lot 2 of Lot I of Lot i of Lot 1 of Block 1 in River Front Subdivision Nt~ 5 should remain in force and effect, but the 30-foot-wide easement for city well water across said lot which is located in the ama outlined in red on attached Exhibit "A'; and marked "Vacated City Well Easement:' should be vacated, abandon- ed and transferred to Klauer Manufac- turing Company free of such easement. 422 Section 4. In conslde~ foregoing vacation, release and abandon- ment of easements and restrictions, Klauer Manufacturing Company shall grant to the City of Dubuque, Iowa, perpetuity, two easements, as follows: (a) A 30-foot-wide underground ease- ment for City-owned utilities (water, sanitary sewer and storm sewer), as shown on the plat attached hereto mark- ed Exhibit "A" and marked in blue as "30' wide city-owned utility easement." (b) An underground water, sanitary sewer and/or storm sewer easement across said Lot 2-1-1-1, Block 1, River Front Sub. Na 5., as shown on the at- tacbed plat marked Exhibit "B" and outlined in red. Section 5. That the City Clerk be and she is hereby directed to publish notice of this Resolution of the intent of the City of Dubuque to dispose of interest in real estate as herein provided, all as by law provided. Passed, approved and adopted this 19th day of October, 1987. David L. Simon Mayor Pro-Tern ATTE Sq!. Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Klues- ncr, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of Dubuque Citizens for a Nuclear Test Ban submitting a Resolution which calls for a mutual verifiable ban on underground nuclear testing, presented and mad. Francine Banworth, Deborah Lagare and Marilyn Conrad spoke to the com- munication, submitting signed petitions. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Krieg. Carried by the following yom: Mayor Pro-Tern Simon. Council Members Deich, Kluesner, Krieg, Kronfaldt. Nays--None Regular Sessior October 19, 1987 Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 296-87 ENDORSING A BAN ON NUCLEAR TESTING WHEREAS, A Nuclear War would result in death, injury and disease on a scale unprecedented in buman history; and WHEREAS, Spending for the arms race is contributing to record budget deficits that threaten our nation's econ- mic security and in particular, the wall- being of urban and rural Iowa; and WHEREAS, A ban on nuclear testing would promote the security of the United States by constraining new developments in tbe U.S. Soviet Nuclear Arms competition and by streng~henlng efforts to prevent the spread of nuclear weapons to non-nuclear countries; and WHEREAS, A ban on nuclear testing would be a concrete and easily achievable first step towards deep reductions of ever expanding nuclear arsenals; and WHEREAS, A ban on nuclear testing can be verified with high confidence by a worldwide network of seismic moni- tors, satellites, and otber verification technology operated by the United States and other nations. NOW THEREFORE BE IT RE- SOLVED that the City Council of the City of Dubuque, Iowa, calls upon the President of the United States to im- mediately respond to the Soviet offer to halt testing by joining them in a mutual and verifiable suspension of testing as a first step towards freezing and revers- ing the arms race; BE IT FURTHER RESOLVED that the City Council of Dubuque, Iowa calls upon the members of the Iowa congres- sional delegation to support legislation that would enact a moratorium on nuclear testing, to be continued as long as the Soviets do not test. and until a formal Comp~shensive Test Ban qYeaty can be negotiated; BE IT FURTHER RESOLVEE. that the City Council of Dubuque. Iowa calls Regular Session upon the Presidential candidates to pledge to initiate a nuclear testing moratorium, provided the Soviets agree to join the moratorium. Passed, adopted and approved this 19th day of October, 1987. David L. Simon Mayor pro-Tem ATTES~ Mary A. Davis City Clerk Council Member D~i~h moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carrie~ by the following vote: Yeas--Mayor Proqhin Simon, Council Members Deich, Klues- ncr, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of Council Member Krieg advising of her election to the Ex- ecutive Board of the Iowa League of Municipalities and requesting reim- bursement for necessary travel to attend the meetings, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and approved request for reimburse- ment. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Mannlng. Communication of Council Member Krieg recommending newly-elected Council meet as a group to review and update tim goals and long-range plans that the Council has developed and evolved over the recent years and sug- gesting this be before the budget pro- cess, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Kron- faldt. Carried by the fallowing vote: Yeas--Mayor Pro-Tem Sixnon, Council Members Deich, Kluesner, Krleg. Nays--None. Abstain--Council Member Kronfeldt. Absent--Mayor Brady, Coun- cil Member Manning. RESOLUTION NO. 297-87 WHEREAS Applications for Beer October 19, 1987 423 Permits have been submitted and filed to this Cotmcil for approval and tbe same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Clara L. Johnson Lucky "13"Tap 385 E. 13th St. (Also Sunday Sales) Janet Saberian Bi Jan's 1271 Dodge St. (Also Sunday Sales) J & P O'Hara, Inc. Happy Joe's Old Fashioned Ice Cream and Pizza Parlor 855 Century Dr. (Also Sunday Sales) Passed, adopted and approved this 19th day of October 1987. David L. Simon Mayor Pro-~rem ATTESq~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro- Tem Simon, Council Members Deich, Khiesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 298-87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law 424 Regular Session, October 19, 1987 and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Nelda L. Bennett Old Shang 1091 Main (Also Sunday Sales) The Ground Round, Inc, The Ground Round 50 J.F.K. (Also Sunday ,Sales) Key City Bowling Lanes, Inc. Imperial Lanes 3505 Stoneman Rd. {Also Sunday Sales) William J. Murphy Murph's South End Tap 139 Locust (Also Sunday Sales) New Harbor Development Co., Inc. Yardarm Eagle Point (Also Sunday Sales) David D. Turner Finale 1701 Central Passed, approved and adopted this 19th day of October 1987. David L. Simon Mayor Pro-Tom ATTESq~ Mary A. Davis City Clerk Council Member Dalch moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Proffem Simon, Council Member Dalch, Klues- ncr, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Printed Council Proceedings for month of May, 1987, presented for Coun- cil approval. Council Member Kluesner moved that the proceedings be approv- ed as printed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent-- Mayor Brady, Council Member Man- nmg. MINUTES SUBMITTED: Airport Commisalon of 9-28 & 10-6, Cable Com- munity Toleprogramming Commission of 94 & 10~6; Cable TV Regulatory Comm. of 9-9; Civil Service Commissinn of 944; Park & Recreation Comm. of 9-2, pre- sented and read. Council Member Kluesner moved that the minutes be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor pr o-Tern Simon, Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. NOTICES OF CLAIMS AND SUITS: Roger Spensley in est. amt, of $2,117.81 for truck damages; Ste~en Plain in amt. of $52.21 for tire damages; Deborah Graf in unknown amt. for pe~~ sonalinjuries; Janice Packard in amt. of ~439.74 for car damages, presented and read. Council Member Kluesner 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 Pr~-Tem Simon, Council Members Daich, Kluesner, Kring, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Proof of publication, certified to by the Publisher, on List of claims paid for nonth of August, presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tem Simon, Council Kluesner, Krieg, Kron- feldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of President of Du- buque In-Future-Inc. ~questing appro- val of the appointment of Mr. "Ibm Uelner of Uelner Tools and Dies, Inc. as membership on the D.I.F. Corporate Board, presented and read. Regular Sessior Council Me~nber Kluesner moved that the communication be received and fil- ed and approved appointment. Second- ed by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro:Ibm Simon, Council Members Dalch, Klues- ner, Krieg, Kronfeldt. Nays--None, Absent--Mayor Brady, Council Member Manning. October 7, 1987 Honorable Mayor and Members of th9 City Council In accordance with Chapter 400 of the 1987 Code of Iowa, the Civil Service Commission conducted written examina- tions on Angust 18, 1987 and September 2, 1987 and Physical Agility Test on September 30, 1987 for the position of Police Officer-Entrance Level We hereby certify that the following individuals have successfully passed both the written and physical agility tests and are hereby qualified to be con- sidered for the position of Police Officer for the City of Dubuque, Iowa. Cory Sommer Dennis Walker Paul Onufrak Michael Schmit Steven Eastvedt Russell Long Patricia Falger Keith Jeschke John Hefel Timothy Eich A second list is available for certifica- tion when needed. Respectfully submitted, Robert M. Miller Chairperson Gerald J. Koppes Civil Service Commission ATTESq~ Mary A. Davis Secretary Council Member Kluesner moved that it be resolved to make this a matter of record. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kluesner, Krieg, Kron- feldt~ Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of City Manager re- questing approval of Supplement Nc~ 30 of the Code of Ordinances, presented and read. October 19, 1987 425 Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Proqbm Simon, Council Members Daich, Kluesner, Krieg, Kronfcldt. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 299-87 ADOPTING SUPPLEMENT NO. 30 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, under date of November 17, 1986 the City Council, pursuant to Ordinance 93-86, readopted the Code of Ordinances of the City of Dubuque~ Iowa for ordinances adopted up to and in- ciuding April 21, 1986; and WHEREAS, since April 21, 1986 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 30 of the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa from December 15, 1986 through June 15, 1987, prepared by the Municipal Code Corporation, qhllahassee, Florida, hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adop- ted and becomes part of the Code of Or- dinances of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of October, 1987. David L. Simon Mayor Pro-qbm ATTESq~ Mary A. Davis City Clerk 426 ~ Council Member Kluesner moved adoption of the Resolution, Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Daich, Klues- ncr, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of Dave Burkart ex- pressing appreciation for courtesy and consideration given to him by various City Staff employees of the Building Dept. and the Zoning Comisaion, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor pr c-Tem Sin~on, Council Members Deich, Khiesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of J. Duane Morten- sen, submitting his resignation as a Trustee of the Carnegie-Stout Public Library effective October 31, 1987, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and resignation accepted with regret. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor pro-~em Simon, Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Conununlcatlon of U.S. Dept of Trans- portation submitting an Order amend- lng Air Service determination and selec- ting carriers, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Proqbm Simon, Council Members Deich, Kluesner, Krieg, Kronfaldt. Nays--None. Absent--Mayor Brady, Council Member Manning. U.S. Dept. of Transportation advising of applications of Western Airlines Inc., Aerial Transit Ca, Suncoast Airlines, Inc., Piedmont Aviation, Inc. & North- west Airlines, Inc. for certificates of October 19, 1987 public convenience and necessity under Section 401 of the Federal Aviation Act of 1958, as amended, presented and read. Council Member Kluesner moved that the notification be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor pro-Tern Simon, Council Members Daich, Kluesner, Krieg, Kronfaldt. Nays--None. Absent--Mayor Brady, Council Men, abet Manning. Communication of Corporation Coun- sel Lindahl requesting authorization to ~ a Release in case of Leo Link vs. the City of Dubuque et al, on behalf of the City and to proceed with the settle- ment on the terms indicated, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and approved authorization for execu- tion. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Members Daich, Kluesner, Krieg, ys--None. Absent--Mayor Brady, Council Member Manning. Petition containing 110 signatures re- quest a "STOP" sign at the intersection of Decatur & Lincoln, and Hamilton & Lincnin, presented and read. Council Member Kluesner moved that the petition be referred to the City Manager and Staff. Seconded by (~oun- cil Member Krleg. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Khiesner, Krieg, Kronfeldt. Nays--None. Absent-- Mayor Brady, Council Member Marming. Conm~unication of planning & Zoning Commission approving final plats of Lot Df Woods Addn., and Subdivision of Lot 68 of Woods Addn. located at orner of Blake & Kirkwood Streets, presented and read. Council Member Kluesner moved that the communication be received and fil- ed, Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor pro-Tern Simon, Council Members Deich, Kluesner, Krieg, Krordeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Regular Session October 19, 1987 427 RESOLUTION 300-87 RESOLUTION APPROVING THE FINAL PLAT OF LOT 68A OF WOODS ADDITION IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of Lot 68A of Woods Addition in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by theCity Planning and Zon- ing Commission and they find that the same conforms to the statues and or- dinances relating thereto, except that Lot 1 and 2 of Lot 68A of Woods Addi- tion has no frontage on a public street and Lot 3 does not have adequate Iron- rage; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the condition that Lot 1, Lot 2 and Lot 3, all of Lot 68A of Woods Addition can only be developed in conjunction with a lot providing ade- quate street frontage; and WHEREAS, said final plat has been examined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby ap- proved and the Mayor and Clerk be and are hereby authorized and directed to en- dorse the approval of the City of Du- buque upon said plat, provided that the owner of said property shall execute a written acceptance hereto attached acknowledging and agreeing: a) Lot 1, Lot 2 and Lot 3, all of Lot 68A of Woods Addition can only be developed in conjunction with an adjoin- lng lot with adequate street frontage. Section 2. That in the event the owner fails to execute the Acceptance provid- ed for in Section 1 herein within forty- five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, approved and adopted this 19th day of October, 1987. David L. Simon Mayor Pro-Tem hTTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 300-87 We, the undersigned Jame E. Brady, Mayor of the City of Dubuque, and Mary A, Davis, City Clerk, having read the terms and condition of the Resolution No. 300-87 and being familiar with the condition thereof, hereby accept the same and agree to the condition required herein. Dated at Dubuque, Iowa this 19th day of October, 1987. By David L. Simon, Mayor Pro-Tem By Mm'y A. Davis, City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tem Simon, Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent-Mayor Brady, Council Member Manning. RESOLUTION 301-87 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVI- SION OF LOT 68 OF WOODS ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 68 of Woods Addition in the City of Dubuque, Iowa; and WHEREAS, said final plat has been exmrfined by the City Planning and Zon- ing Commission and they find that the 428 Regular Session, October 19, 1987 same conforms to the stat~TTESq~ .... ~xcent Lot 3 I Mary A Davis dinances relat ng ~nere~o, ..... .- ' of the Subdivision of Lot 68 of Woods City Clerk Addition dces not provide adequate fron- tege on a public street and Lot 1 and Lot 2 do not front on a public street; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the condition that Lot 1, Lot 2 and Lot 3, all of ti~e Sub- division of Lot 68 of Woods Addition can only be developed in conjunction with an adjoining lot containing adequate street frontage; and WHEREAS, said final plat has been examined by the City Council and they find ttxe same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the above-described final plat be and the same is hereby ap- proved and the Mayor and Clerk be and are imreby authorized and directed to en- dorse the approval of the City of Dubu- que upon said plat, provided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: a) Lot 1, Lot 2 and Lot 3, all of the Subdivision of 68 of Woods Addition in the City of Dubuque, Iowa can only be developed in conjunction with an adjoin- lng lot providing adequate street frontage. Section 2. That in the event tlie owner fails to execute the Acceptance provid- ed for in Section 1 herein within forty- five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 19th day of October, 1987. David L. Simon Mayor Pro-Tem ACCEPTANCE OF RESOLUTION NO. 301-87 I, the undersigned William J. Klauer, having read the terms and condition of ~ Resolution No. 301-87 and being familiar with the condition thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa this 19th day of October, 1987. By William J. Klauer, Owner Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tern Simon, Council Member Deich, Klues- ne~; Krleg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of planning & Zoning Commission approving final plat of Sub- division of Lot 2 111 of Beverly P~n located south of Kelly Lane and West of Pego Court, presented and read. Council Member Kluesner moved that [ communication be received and fil- ed, Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Prorfem Simon, Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, [ Member Manning. RESOLUTION NO. 302.87 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVI-- LOT 2 OF LOT I OF LOT 1 OF LOT i OF"BEVERLY PINES" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 2 of Lot 1 of Lot 1 of Lot 1 of "Beverly Pines" in the City of Du- buque, Iowa; and WHEREAS, said final plat has been examined by the City Pluming and Zon- ing Commission and they find that the Regular Session same conforms to the statutes and or- dinances relating therete, except that tixe proposed Lots 1, 2, 3, and 4 do not front on a public street; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the condition that Lot 1, 2, 3 and 4 are not developable ex- cept with an adjoining lot with adequate street frontoge; and WHEREAS, said ,final plat has been examined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby 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, provided that the owner of said property shall execute a written ac~ceptance hereto attached, acknowledging and agreeing: a) That Lot 1, Lot 2, Lot 3 and Lot 4 of the Subdivision of Lot 2 of Lot i of Lot 1 of Lot 1 of "Beverly Pines" are not developable except in conjunction with an adjoining lot with adequate street frontage. Section 2. That in the event the owner fails to execute the Acceptance provid- ed for in Section 1 herein within forty- five (45) days after the date of this Resalutior~ the provlsions heroin shall be null and void and the approval of the Plat shall not be effective. Passed, approved and adopted this 19th day of October, 1987. David L. Simon Mayor Pro-qbm ATTES~ Mm'y A. Davis City Clerk October 19, 1987 429 ACCEPTANCE OF RESOLUTION NO. 302-87 We, the undersigned Donald H. Knisrud and Judith K. Kolsrud, having read the terms and condition of the foregoing Resolution No. 802-87 and be- ing familiar with the condition thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa this 7th day ~f October, 1987. By Donald H. Kolsrud By Judith K. Kolarud Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krjeg. Carried by the following vote: Yeas--Mayor Pro-Tem Simon, Council Members Deich, Klues- net, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of City Manager sub- mitting Financial Reports for the month of September, 1987, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Pro-qbm Simo~ Council Members Daich, Kluesnel; Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of Jerry L. Bauer, Manager of HUD, extending apprecia- tion for the City's commitment to and support of the Housing Voucher Pro- gram in our community, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Pro-~m Simon, Council Members Daich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Convention and Visitors Bureau sub- mitring their quarterly report, presented and read. 430 Regular Session, October 19, 1987 Council Member Kluesner moved that the report be received and filed. Second- ed by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-qbm Simon, Council Members Deich, Klues- net, Krieg, Kronfaldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of City Manager re- questing Mayor be authorized to execute a preconstruction Agreement with the IA DOT for work related to the dredg- ing activities associated with the relocated Highway 61 Project, presented and read. Council Member Kluesner moved that the communication be received and fil- ed, Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Pmqbm Simon, Council Members Deich, Kluesner, Krieg, Kronfaldt. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO, 303-87 AUTHORIZING EXECUTION OF A PRECONSTRUCTION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Iowa Department of Transportation is requesting the City to execute [DOT Agreemen~ #86-16-014 relative m dredging activities on the P~elocated 61 project; and WHEREAS. the Iowa Department of Transportation is proposing letting two dredging contracts for approximately 1.2 mill]on cubic yards of material to be removed from the Mississippi River: and WHEREAS, the specific location for the stockpile mamriai will be on the west side of Kerper Blvd. north of 19th Street ex~nded and south of the public right- of-way south of Fengler Street and east of Milwaukee corporation property; and WHEREAS, the dredging and stock- piling of the material will be done by IDOT at no cost to the City; and WHEREAS. under this agreemen~ the City will be consenting to curb cuts for ingress and egress to the stockpile site from Kerper Blvd. these access loca- tions to be located opposite either ex- isting or proposed median breaks; and WHEREAS, this agreement is in ac- cordance with the original pre-design project agreement, I6r Relocated 61 IDOT agreement #73-P-024 executed by the City on March 6, 1973. NOW, THEREFORE, BE IT RE- SOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be authoriz- ed and directed to execute the precon- struction agreement identified as IDOT Agreement #86-16-014 with the Iowa Department of Transportation for ac- tivities associated with the dredging of 1.2 million cubic yards of sand material from the Mississippi River to a stockpile site to be located on the west side of Kerper Blvd. north of 19th Street ex- tended and south of the public right-of- way south of Fengler Street and east of Milwaukee corporation property. Passed. approved and adopted this 19th day oI October, 1987. David L. Simon Mayor Pro-Tern ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vo~e: Yeas--Mayor Pro-Tern Simon, Council Members Daich. Klues- ner~ Krieg, KronIeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of City Manager recommending 60 day extension oI Agreemen~ with Brutger Companies, Inc. and authorizing and directing presented and read. Council Member Kronfeldt moved that the communication be received and filed and approved execution of Agree- ment. Seconded by Council Member Krieg. Carried by the fullowing vote: Yeas--Mayor Pro-Tern Simon. Council Members Dalch, Kluesner. Krieg, Kronfaldt. Nays--None. Absent--Mayor Brady, Council Member Manning, Regular Session Verbal request of Council Member Deich requesting approval to attend the National League of Cities meeting in Las Vegas, Nevada on Dec. 11-17th. Council Member Kluesner moved that the re- quest be approved. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Mayor Pro-~em Simon, Council Members Deich, Kluesner, Krieg, Kronfcidt. Nays--None. Absent-- Mayor Brady, Council Member Man- ning. Communication of Corporation Coun- sel Lindahl recommending denial of Sewer back-up claim of Dale and Tam- my Gansen, presented and read. Council Member Kronfeldt moved that the communication be referred back to Stair for more investigation. Second- ed by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pfc,Tern Simon, Council Members Deich, Kfues- net, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. Communication of Corporation Counsel recommending closures oI fullowlng claims; Car damage claim of Phyllis Adams; Property damage claim of Avenue Tap; Car dmnage claim of Ran- dy Bau~nhover; Property damage claim of Crescent Electric; Personal injury claim of John Davis; Police Problem claim of Kenneth Haugen; Slip and Fall claim of Gloria Kramer; Sewer back-up claim of Gloria Kramer; Car danmge claim of Eric Lyons; Personal injury claim of John Moore; Car damage claim of Robert and Mildred Mann; Car damage claim of Robert McCarron; Per- sonal injury claim of Christopher McGhee; Car dmnage claim of Janice Packard; Car damage claim of John Raper; Personal injury claim of Terrance and Alice Rooney; Personalinjury claim of Sheila Rooney; Car damage claim of Ralph Schetgen; Car damage claim of Rick Schmitt; Cra' damage claim of Jet- frey Sedam; Car damage claim of Roger Spenaley, presented and read. Council Member Kronfaldt moved that the communication be received and approved the recommendations. Second- ed by Council Member Krieg. Carried by the Iollowing vote: Yeas--Mayor Pro- Tam Simon, Council Members Deich, October 19, 1987 431 ~ronfeldt. Nays--None. Absent--Mayor Brady, Council Member Manning. There being no further business, Coun- '.il Member Kronfeldt moved to adjourn the meeting. Seconded by Council Member Krieg. Carried by the fallowing vote: Yeas--Mayor Pro-Tern Simon, Council Members Deich, Kfuesner, Krieg, Kronfeldt. Nays--Nong Absent-- Mayor Brady, Council Member Man- nmg. Meeting adjourned at 8:24 P.M. Mary A. Davis City Clerk Approved~1988 Adopted. 1988 Mayor Council Members ATTESt. City Clerk