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1987 November Council ProceedingsCITY COUNCIL OFFICIAL Beguinr Session, November 2, 1987 Council Met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Mem- bets Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl, Mayor Brady read the call and stated 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 tim Rev. Robert Arndt, Pastor of the Church of the Nazarene. pROCLAMATIONS: Week of Novem- bet 1-7 as "Key Club Week" received by Dean Fromm&t; Week of Nov. 1-7 as "Telephone pioneer Week"; Month of November as "Hospice Month" receiv- ed by Barb Zeller; Month of November as "A~zheimer Disease Public Awareness Month" received by Sr. Helen Schneider; Proclamation -- "Honoring the late County Supervisor Lloyd Hayes" Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone p~per ty known as Castieridge Estates, presented and read. Council Member Simon moved to sue- pend the rules ~o allow anyone present to address the Council if they so desire. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There were no written objections received at {he time of the Hearing. Gary Kennedy, property owner and Jack Kilby requested approval of zaning request. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Simon. Vote on the motion was as 432 follows: Yeas--Council Member Deich, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Krieg, Man- ning, Simon. MOTION FAILED. An O~linance Amending ~oning Or- dinance and Zoning Map by reclassify- lng property to be known as Castleridge Estates from R-1 Single Family Residen- District to PR Planned Residential District, presented and read. Council Member IGuesner moved final adoption of the Ordinance. Seconded by Council Member Simon. Vote on the mo- tion was as follows: Yeas--Council Members Deich, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Krieg, Manning, Simon. MOTION FAILED. Council Member Kinesner moved that this be considered the second reading of the Ordinance. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Council Members Deich, Krordaldt, Manning. Nays-- Mayor Brady, Council Members Krieg, Simon. proof of publication, certified to by the Publisher, on Notice of Public Hearing to release easement and other restric- tions associated with property sold to Klauer Mfg. Co., presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Mem- ber Krleg moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 304-87 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the ~elegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on the 23rd day of October; 1987, the City Council of the City of Dubuque, Iowa met on the 2nd of November, 1987, at 7:30 p.m. in the Public Library Auditorinm for the release of easement and removal of restrictions associated 433 Regular Sessior November 2, 1987 with property sold to Klauer Manufac- turing Company in 1985 and provides an additional easement on the southeast side of proposed warehouse for main- tenance of an existing City sewer; and WHEREAS, the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal of release of easement and removal of restrictions associated with property sold to Klauer Manufacturing Company in 1985 and provides an additional easement on the southeast side of proposed warehouse for maintenance of an existing City sewer. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of easement and removal of restrictions associated with property sold to Klauer Manufac- turing Company in 1985 and provides an additional easement on the southeast side of proposed warehouse for main- tenance of an existing City sewer be and the same 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 Treasurer. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor 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 Brady, Council Members Deich, Klucsner, Krieg, Kronleldt, Manning, Simon. Nays--None. proof of publication, certified to by the Publisher, on Notice of Public Hearing to dispose of City's interest in Riverffont Subdivision #4 located on the northwest corner of the lot at 16th St. and Kerper Blvd, presented and read. No written ob- jections were received and no oral objec- tors were present at the Public 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 Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 305-87 WHEREAS, pursuant to resolution and published notice of ti{ne and place of hearing, published in the ~elegeaph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on the 23rd day of October, 1987, the City Council of the City of Dubuque, Iowa met on the 2nd of November, 1987, at 7:30 p.m. in the Public Library Auditorium for the disposal of its in- terest in a triangular section of proper- ty of dimensions of 24,6' by 54.6' on the northwest corner of Lot 1 of Riverfront Subdivision #4 in the City of Dubuque and granting of a temporary easement to the Iowa Department of Transporta- tion for a strip of property 64 wide o the east edge of Lot 1 of Riverfront Sub- division #4 in Dubuque, Iowa; and WHEREAS, the City of Dubuque, Iowa overruled any and all objections, oral or written, to the disposal of its in- terest in a triangular section of proper- ty of dimensions 24.6' by 54.6' on the northwest corner of Lot 1 of Riverfront Subdivision #4 in the City of Dubuque and granting of a temporary easement to the Iowa Department of Transporta- tion for a strip of property 64' wide on the east edge of Lot 1 of Riverffont Sub- division #4 in Dubuque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the disposal of its in- terest in a triangular section of proper- ty of dimensions of 24.6' by 54.6' on the northwest corner of Lot I of Riverfront Subdivision #4 in the City of Dubuque, Section 2. That the City ot Dubuque hereby approves the granting of a tern- porary easement to the Iowa Depart- ment of Transportation for a strip of pro- perty 64' wide on the east edge of Lot 1 of Riverfront Subdivision #4 in Du- buque, Iowa for use by the Iowa Depart. ment of qYanspor ration for the construe- tion of a bridge and installation of pip- lng system associated with dredging activities. Regular Session, Section 3. That the City will dispose of property in accordance with its agree- ment with the Iowa Department of Transportation signed on April 4, 1973, Iowa DOT Agreement -73-P-024 in which the City agreed to provide City owned land at. no charge to the State for activities associated with the construc- tion of the 61 project. Section 4. That the City.Clerk be and is hereby anthorized and directed to record a certified copy of this Resolution in the office of the City Assessor, Du- buque County Recorder and Dubuque County Treasurer. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mltting procedures for the construction of a Fuel Storage and Fuel Dispensing System for the Public Works Garage, 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 Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. November 2, 1987 434 e and Dispensing System, in the ted amount of $85,000.00, are aPproved and ordered filed in the of the City Clerk for public inspection. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor hTTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of tim Resohition. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 307-87 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its ~reliminary approval on the proposed )lans, 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 City of Dubuque, Iowa Fuel Storage and Dispensing System. NOW, THEREFORE, BE IT RE- SOLVED that on the 7th day of De- cember, 1987, a public hearing will be held at 7:30 p.m. in tim Public Library Auditorium at winch tbne 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 RESOLUTION NO. 306-87 ~ published in a newspaper having general ] cireulation in the City ef I)ui~uque, Iowa, PRELIMINARY APPROVAL OF [ which notice shall not be less than four pLANS AND SPECIFICATIONS ] days nor more than twenty days prior to ~ the day fked for its consideration. At the BE IT RESOLVED BY THE CITY ! hearing, any interested person may ap- COUNCIL OF THE CITY OF DU- [ pear and file objections to the proposed BUQUE, IOWA: ~plans, specifications, contract, or That the proposed plans, specifica- / estimated cost of the improvement. tions, form of contract and estimated ~ Passed, approved and adopted this cost for the City of Dubuque, Iowa Fuel ] 2nd day of November, 1987. 435 James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Regular Session, November 2, 1987 Council Member Krieg. Carried by the following vo~e: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfaidt, Manning, Simon. Nays--None. Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 308.87 ORDERING BIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the City of Dubuque, Iowa Fuel Storage and Dispensing System is here- by 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 shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 24th day of Novem- ber, 1987. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final ac- tion at 7:30 p.m. on the 7th day of December, 1987. Passed, adopted and approved this 2nd day of November; 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resaiutinn. Seconded by Communication of City Manager sub- mitting documents providing for the vacating of an Alley located south of Kirkwood Street, west of Blake St. and advising of City's intent to dispose of three segments of this Alley to adjoin- lng property owners, presented and read. Council Member Kluesner moved that the communication be received and ill- ~d. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesne~; Krleg, Kronfeidt, Manning, Simon. Nays--None. An ORDINANCE Vacating Alley south of Kirkwood St., west of Blake St. approx. 200 feet, 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 ~nd voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Dear- ing be held on the proposed Ordinance on the 16th day of November, 1987 at 7:30 p.m, in the Public Library Audi- torium and that the City Clerk publish notice hi the manner prescribad by law. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 309-87 WHEREAS, residents on the south side of Kirkwood Street has expressed interest in the vacation and acquisition of parcels of an alley located behind their roperty; and WHEREAS, by actions of the City Council in the adoption of Ordinance No. -87 approves the vacation of the alley; and WHEREAS, the alley is an unpaved alleyway and the City has no forseeable Regular Session____._~, November 2, need for its use transportation or util- ity systems; and WHEREAS, the property owners have secured consent of the other pro- perry owners in the proximity of the alley for its vacation and disposition by the City; and WHEREAS, Eleanor Buechele of 930 Kirkwood Street is contiguous to the subdivided lot 1 of Lot 68A of Woods Addition of the aile~; i~ interested in ac- quisition of this parcel of the alley; and WHEREAS, this parcel of the alley represents 3,800 square feet with an estimated value of 5388.38. NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se'ction 1. That the City Council stipulates its intention to dispose of Lot i of Lot 68A of Woods Addition to Eleanor Buechele, 930 Kirkwood Street, Dubuque, Iowa for $388.38. Section 2. That the City of Dubuque would reserve unto itself a perpetual easement including the right of ingress and egress thereto for the purpose of repair and maintaining existing public utilities and reserving to private utility companies its right of ingress and egress for the purpose of maintaining its facilities. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent for disposal of said real estate in a manner described by the Code of Iowa11987 or as amended. Passed, approved and adopted this 2nd day of November, 1987. Janaes E. Brady Mayor ATTESq2 Mary A. Davis City Clerk Council Member Khieaner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. 1987 436 RESOLUTION NO. 310-87 , WHEREAS, residents on the south side of Kirkwood Street has expressed interest in the vacation and acquisition of parcels of an alley located behind their property; and WHEREAS, by actions of the City ~ of Ordinance No, -87 approves the vacation of the and WHEREAS, the alley is an unpaved alleyway and the City has no forseeable need for its use transportation or util- ity systems; and WHEREAS, the property owners have secured consent of the other pro- ~erty owners in the proxi~pity of the alley for its vacation and dispoaltinn by the City; and WHEREAS, LeRey Schroader of 920 Kirkwood Street is contiguous to the subdivided Lot 2 of Lot 68A of Woods kddition of the alley is interested in ac- quisition of this parcel of the alley; and WHEREAS, this parcel of the alley represents 1,380 square feet with an stimated value of $143.16. NOW, THEREFORE BE IT RE- ~OLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council stipulates its intention to dispose of Lot 2 of Lot 68A of Woods Addition to LeRoy Schroeder, 920 Kirkwood Street, Dubuque, Iowa for $143.16. Section 2. That the City of Dubuque would reserve unto itself a perpetual easement including the right of ingress and egress thereto for the purpose of repair and maintaining existing public utilities and reserving to private utility companies its right of ingress and egress for the purpose of maintaining its facilities. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent for disposal of said real estate in a manner described by the Code of Iowa, 1987 or as amended. 437 Regular Session November 2, 1987 Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 311-87 WHEREAS, residents on the south side of Kirkwood Street has expressed interest in the vacation and acquisition of parcels of an alley located beb~d their property; and WHEREAS, by actions of the Cji Council in the adoption of Ordinance No. -87 approves the vacation of the alley; and WHEREAS, the alley is an unpaved alleyway and the City has no forseeable need for its use transportation or util- ity systems; and WHEREAS, the property owners have secured consent of the other pro- perty owners in the proximity of the alley for its vacation and disposition by the City; and WHEREAS, Ruth Pfiffner of 908 Kirkwood Street is contiguous to the subdivided Lot 3 of Lot 68A of Woods Addition of the alley is interested in ac- quisition of this parcel of the alley; and WHEREAS, this parcel of the alley represents 801 square feet with an estimated value of $68.46. NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1, That the City Council Stipulates its intention to dispose of Lot 3 of Lot 68A of Woods Addition to Ruth pfiffner. 908 Kirkwood Street, Dubuque, Iowa for $68.46. Section 2. That the City of Dubuque would reserve unto itself a perpetual easement including the right of ingress and egress thereto for the purpose of repair and maintaining existing public utilities and reserving to private utility companies its right of ingress and egress for the purpose of maintaining its facilities. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent for disposal of said real estate in a manner described by the Code of Iowa, 1987 or as amended. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- ~nitting documents providing for public hearing on the lease of 66,000 square feet (1.52 acres) of property on Chaplain Schmitt Memorial Island to Dubuque Yacht Basin, Inc., presented and read. Council Member Simon moved that the communication be received and ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Member Deich, Kluesne~; Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 312-87 RESOLUTION OF INTENTION TO LEASE CITY OWNED PROPERTY TO DUBUQUE YACHT BASIN, INC. WHEREAS. Dubuque Yacht Basin, Inc. has its principal business au 1630 E. 16th Street. Dubuque Iowa: and WHEREAS, Dubuque Yacht Basin. Inc. has expressed an interest in leasing Rear Sessior 66,000 square feet of property, approx- imately (1.52 acres) now owned by the City of Dubuque; and WHEREAS, Dubuque Yacht Basin, Ina will be using this property as a prin- cipal entrance to 3.47 acres of land recently leased from the City of Du- buque on an exercise of ~n option on April 1, 1987; and WHEREAS, Dubuque Yacht Basin, Inc. plans to utilize the 3.47 acres option- ed on April 1, 1987 ahd 1.52 acres under this lease agreement as facilities for an RV park; and WHEREAS, the termination date of this lease agreement will be concurrent with an existing lease agreement be- tween the City of Dubuque and Du- buque Yacht Basin, Inc. dated February 5, 1974; and WHEREAS, this lease agreement pro- vides for an annual rental of $6,600.00 plus adjustment for cost of living, and wharfage charges; if not collected under other lease agreements with Dubuque Yacht Basin, Inc.; and WHEREAS, this lease agreement stipulates that the lessee must make im- provements of a value of not less than $200,000.00 on the leased property or ad- joining 3.47 acres of leased property within 8 years from the execution date of this lease agreement (attached and considered a part hereof). NOW, THEREFORE BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa proposes te lease 66,000 square feet of land (1.52 acres) as identified under the attached lease agreement and shown on Exhibit I dated October 2, 1987 and made a part thereof of the lease agree- ment for a period beginning November 15,.1987 and ending February 5, 2024. Section 2. That the City reserves to itself a 20' utility easement as shown on the attached Exhibit I to the lease agreement. Section 3. That the City Clerk be and is hereby authorized and directed to November 2, 1987 438 cause a notice to be published as pre- scribed under Section 364.7 - Disposal of Property - Code of Iowa, 1987 or as amended. Passed, approved and adopted this 2nd day of November, 1987. Jame E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolutinn. Seconded by Council Member Deich. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of Nancy Mullin requesting that various residents be allowed to ad- lress the Council regarding the outcome of the recent Vehicle qhx Referendum, presented and read. Nancy Mu]lin, David Maiers, Paul Sut- ten and Bernie Fox all spoke requesting Council postpone decision of street pro- gram. Council Member Kronfaldt mov- ed that the petition be received and ill- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesne~; Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 313-87 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1987 ASPHALT PAVING PROJECT WHEREAS, ~e City Council has pro- posed a Resolution of Necessity for the 1987 Asphalt Paving Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place 439 Regular Session, November 2, 1987 set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Deferred for later consideration to a City Council meeting to be held on the 7th day of March, 1988, next, at 7:30 P.M. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourn- ed meeting. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 314-87 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1987 P.C. CONCRETE PAVING PROJECT WHEREAS, the City Council has pro- posed a Resolution of Necessity for the 1987 P.C. Concrete Paving Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Deferred for later consideration to a City Council meeting to be held on the 7th day of March, 1988, next, at 7:30 P.M. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the ad- iourned meeting. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. COUNCIL RECESSED AT 9:18 P.M. COUNCIL RECONVENED AT 9:29 P.M. Communication of City Manager responding to petition received regarding use of land located at 4304 Peru Read; Communication of Corporation Counsel Lindahl supporting the findings regar- ding the use of land at 4304 Peru Read, )resented and read. Council Member Simon moved that the communications be received and fil- ed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None, Communication of FAc Jones, Medical Officer of Dubuque Fire Department, re- questing to address the Council to report on the final outcome of the "New Horizons in Emergency Care" Con- ference that was co-sponsored by the Regular Session Fire Dept. on Oct. 15th & 16th, presented and ~,ead. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Mml- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Mayor of India- nolo, IA. requesting donation to promote cities and the State of Iowa at the Na- tional League of Cities Conference to be held in Las Vegas from December 12th through the 16th, presented and read. Council Member Deich moved that the communication be received and filed and authorized donation in the amount of $500.00. Seconded by Council Member Simon. 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 two Ordinances to repeal the City regtdatinns governing blasting and the storage of dynamite, presented and read. Council Member Simon moved that the communication be received and fi[- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deicb Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 65-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REPEALING SECTION 26-10 THEREOF REGULATING THE USE OF DYNAMITE, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 65-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 26-10 THEREOF REGULATING THE USE OF DYNAMITE NOW THEREFORE, BE IT OR- November 2, 1987 440 DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque~ Iowa, be amend- ed by repealing Section 26-10 thereof. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor ATTE S~P. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of November, 1987. Mary A. Davis City Clerk It 11/9 Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon, Nays--None. ORDINANCE NO. 66-87 AN ORDINANCE AMENDING CODE OF ORDINANCES BY RE- PEALING SECTIONS 26-44 THROUGH 26-48 AND SECTIONS 26-55 THROUGH 26-57 THEREOF REGULATING BLASTING, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 66-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 26-44 THROUGH 26-48 AND SECTIONS 26-55 THROUGH 26-57 THEREOF REGULATING BLASTING NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 441 Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by repealing Sections 26-44 through 26-48 and Sections 26-55 through 26-57 thereof. Regular Session, November 2, 1987 Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayer ATTES~P. Mary A. Davis City Clerk Published officially in the qblegraph Herald newspaper this 9th day of November, 1987. Mary A. Davis City Clerk It 1U9 Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement tliat a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- bet Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communicationof City Manager sub- mittlng an Ordinancerepealing Section 36-21 of the Code of Ordinances, presented andrea& Council Member Simon moved that the comunication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Kcieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 67-87 AN ORDINANCE AMENDING CODE OF ORDINANCES BY RE- PEALING SECTION 36-21 THERE- OF PRESCRIBING THE DUTIES OF OFFICERS FOR THE SEWAGE TREATMENT PLANT AND COL- LECTION OF SEWERAGE CHARGES, presented and read. (OFFICIAL pUBLICATION) ORDINANCE NO. 67-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 36-21 THEREOF DESCRIBING THE DUTIES OF OFFICERS FOR THE SEWAGE TREATMENT PLANT AND COLLECTION OF SEWERAGE CHARGES THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Section 36-21 thereof. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Published in the Telegraph Herald newspaper this 9th day of November, 1987. Mary A. Davis City Clerk It 11/9 Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mena- hers Deich, Khiesner, Kcieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Ordinance regulating the block- ing of crossings by railroads, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Regular Session, November 2, 1987 Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 68.87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY RE- PEALING SECTION 32-1 THEREOF REGULATING THE BLOCKING OF CROSSINGS BY RAILROAD COM- PANIES presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 684~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 32-1 THERE- OF REGULATING THE BLOCKING OF CROSSINGS BY RAILROAD COMPANIES NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Section 32-1 thereof. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk published in the Telegraph Herald newspaper this 9th day of November, 1987. Mary A. Davis City Clerk Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- bet Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfektt, Man- ning, Simon. Nays--None. 442 Communication of City Manager sub- mitting Ordinance to eliminate the General Special Assessment Fund, presented and read. Council Member Simon moved that the communication be received and fib ed. Seconded by Council Member Krelg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 69-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY RE- PEALING SECTION 2-6 THEREOF {LIMINATING THE GENERAL SPECIAL ASSESSMENT FUND, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 69-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 2-6 THERE- OF ELIMINATING THE GENERAL SPECIAL ASSESSMENT FUND NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Section 2-6 thereof. Passed, approved and adopted this 2nd day of November, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published in the Telegraph Herald this 9th day of November, 1987. Mary A. Davis City Clerk It 1U9 Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which 443 Regular Session, it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- bet Krleg. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kron~eldt, Man- ning, Simon. Nays--None. LIBRARY BOARD: One unexpired term which will expire 7-1-89 (Term of Mortensen), Applicants Garry A. ttam- mond, Jean E Hunter, Floyd G. Rundle, Mayor Brady voted for Hammond. Council Member Deich voted for Ham- mond. Council Member Kluesner voted for Hammond. Council Member Krieg voted for Hammond. Council Member Kronfeldt voted for Hammond. Council Member Manning voted for Hammond. Council Member Simon voted for Ham- mond. Therefore, Gm'fy A. Hammond was appointed to fill tt~e unexpired term on the Library Board which will expire 7-1-89, RESOLUTION NO. 315-87 WHEBEAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the stone have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW THEREFORE BE IT 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 West Side Athletic Club of Dubuque (Charles &Linda Westphal) 1755 Radford Road (Also Sunday' Sales) CLASS "E" BEER PERMIT Rainbo Oil Company Kwik Stop Food Mart 2297 University (Also Sunday Sales) Eagle Food Centers, Inc. Eagle Food Center #109 200 S. Locust IAlso Sunday Sales) November 2, 1987 Eagle Food Centers, Inc. Eagle Food Center #130 1800 Elm St. (Also Sunday Sales) Eagle Food Centers, Inc. Eagle Food Center #320 2050 J.F.K. (Also Sunday Sales) Passed, adopted and approved this 2nd day of November 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, Nays--None. RESOLUTION NO. 316-87 WHEREAS, Applications for Liquor Licenses have been suhinitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. "cLAss "C" (coMMERCIAL) BEER AND LIQUOR LICENSE Lynn Lindecker park Square Tavern 600 Central Ave. Dog Gone, Inc. Dog House Lounge 1630 Asbury Rd. (Also Sunday Sales) Claire A. Woodman Aragon TaP 1103 Iowa St. (Also Sunday Sales) Passed, adopted and approved this 2nd day of November 1987. Regular Session, November 2, 1987 James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Krieg moved adop- tlon of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nay--None.. Printed Council Proceedings for the month of June~ 1987, presented for Coun- all approval. Council Member Manning moved that the proceedings be approv- ed as printed. Seconded hy Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, Nays-- None. MINUTES SUBMITTED: Airport Commission of 10-20; Five Flags Comm. of 10-19; 4th Street Peninsula Commit- tee of 10-21; Historic preservation Com- mission of 9-30 & 10-13; Housing Code of Appeals Bd. of 10-1; Planning and Zoning Commission of 10-7; Plumbing Bd. of 10-20; Public Library Bd. of 10-13; Human Rights of 10-12; Planning & Zon- ing and Z~)nlng Bd. of Adjustment of 9-16; Zoning Bd. of Adjustment of 9-24 & 10-8, presented and read. Council Member Manning moved that the minutes be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None, NOTICES OF CLAIMS AND SUITS: Jim Brimeyer in amt. of $12.48 for car damages; Francis and Margm~t Conlan in amt. of $188.58 for backed-up sewer damages and personal injuries; Charles & Ruth Ellis in amt. of $2004.64 for backed-up sewer damages; Eunice Gabriel in total amount of $700 for per- sonal injuries and personal property losses, presented and read. Council Member Manning moved that the clnims and suits be referred to the Legal Staff for investigation and report. 444 Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kuesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Thnothy A. Moler disclosing of his interest in participating in City funded loan program, presented and read. Council Member Manning moved that the communication be received and fil- ed and approved participation. Second- ed by Council Member Krieg. Carried by vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Intent to file a Release of Funds for the Thelsen Supp- ly, Inc. Project, presented and read. Council Member Manning moved that the proof be received and filed. Second- ed by Council Membex Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel recommending settlement in the amt. of $7500.00 for personal injuries claim of Steven Carnaha~ presented and read, Council Member Mannhig moved that the communication be received and fil- ed and settlement approved and Finance Director to issue the proper check. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Dubuque-Delaware Substance Abuse Services Center submitting the First Quarter Report FY '88 on High-Risk Youth, presented and read. Council Member Manning moved that the report be received and filed. Second- ed by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. 445 Regular Session, November 2, 1987 Petition of Peoples Natural Gas re- questing permission to cut a 10 year street on Roosevelt St., presented and read. Council Member Krieg moved that the petition be received and filed and approv- ed, and further moved to investigate the possibility of controlling street-cut situa- tions. Seconded by Council Member Simon, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Corporation Counsel Lindahl again recommending denial of the sewer hack-up claim of Dale and Tammy Gansen, presented and read. Conncil Member Kronfeldt moved that the communication be received and filed and that they pay Mr. Gansen $395 and that Finance Director to issue pro- per check. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Krieg, Kronfeldt, Manning, Simon. Nays--Council Members Deice Kluesne~: NOTICES in the matter of condenma- tion of certain rights in land by the Iowa DOT for the improvement of Primary Road US. 61 in the City for the follow- lng: Part of Block i of Dubnque Harbor Co. Addn: Lot 198 and the South 4 feet 5 inches of Lot 197; Lot 1 of Lot 2 of the Subdivision of the North 150 feet of lot "D" Cooper's Subdivision; and Lot 3 of Milwaukee Industrial Tract No. 1, presented and read. Council Member Manning moved that the notices be received and filed and referred to the Legal Staff. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch. Kfuesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. NOTICE Of Amendment to application to the Chief Judge of the 6th Judicial District for the appointment of a com- mission to appraise damages and mnend- ment to Notice in the matter of the con- demnation of certain rights in land by the Iowa DOT for the improvement of Primary Road Na U.S. 61 in the City of Dubuque, presented and read. Council Member Manning moved that the notice be received and filed. Second- ed by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None~ Dismissal in the matter of the condem- nation of certain rights in advertising devices by the IA DOT for improvement of Primary Road U.S. 61 for device lo- cated on Lot 747 in the City; Lot i of Lot 2 of the Subdivision of the North 150 feet of Lot "D" in Cooper's Subdivi- sion; Lots 8, 9, and 10, Lots i and 2 of Lot 11, Lots 14, 15, 12 and 17. all in Ran- dali's Subdivision No. 2, presented and read. Council Member Manning moved that this dismissal be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Them being no further business, Coun- cil Member Simon moved to adjourn the meeting at 10:21 P.M. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Manning, Sknon. Nays--None. Mary A. Davis City Clerk Approved __ 1988 Adopted _ 1988 Mayor Council Members ATTES~ City Clerk Re~lar Session, CITY COUNCIL OFFICIAL Regular Session, November 16, 1987. Council Met at 7:30 o'clock p.m., Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. City Manager V~ Kenneth Qearhar t, Corpora- tion Counsel Barry A. Lfudahl. Mayor Brady read tbe call and stated this is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. INVOCATION was given by Msgr. Justin Kress of St. Patrick's Catholic Church. PROCLAMATIONS: Jim Wessles Chef de Gar Voiture #632 40/8 making a presentation to the City (A flag to be flown in honor of Ed Tschlrgi, late City Treasurer); November 15 through 21 as "Education Week" received by Dick Saylor; Proclamation Observing Thanks- giving 1987. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider Lease Agreement between the City and Dubuque Yacht Basin, In~, 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. Second.ed by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Simon moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Mannfug. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. November 16, 1987 446 RESOLUTION NO. 317-87 WHEREAS, pursuant to resolution and pubfished 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 6th day of November, 1987, the City Council of the City of Dubuque, Iowa met on the 16th day of November, 1987, at 7:30 p.m. in the Public Library Auditorium, 1 lth and Locust, Dubuque, Dubuque County, Iowa to consider the ~roposal for the lease of real estate lescribed as follows: Property comprising 66,000 square feet on Chaplain Schmitt Memorial Island in the City of Dubuque. (Detail of leased land shown on Exhibit "A' dated August 5, 1987 as part of the lease agreement and considered a part hereto). WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to lease the 66,000 square feet owned by the City of Dubuque in the heralnabove described property to Dubuque Yacht Basin, Inc.; and NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the lease of the City of Dubuque~ Dubuque County, Iowa, 66,000 square feet to Dubuque Yacht Basin, Inc. be and the same is hereby ap- proved for the sum of the basic rental of $6,600.00 plus adjustment for cost of liv- ing and wharfage charges if not collected under other lease agreements with the Dubuque Yacht Basin, Inc. Section 2. That the Mayor be authoriz- ed and directed to execute the lease agreement, and the City Clerk be and she is hereby authorized to deliver said lease to the above nan~ed grantee upon receipt of rental price. Passed, approved and adopted this 16th day of November, 1987. James E. Brady Mayor 447 Regular Session, November 16, 1987 ATTESq~. Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to vacate an alley south of Kh-kwood St., west of Blake Street, approximately 200 feet, presented and read. There were no written objections received m~d no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof be received and filed. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. ORDINANCE NO. 70A-87 AN ORDINANCE VACATING ALLEY SOUTH OF KIRKWOOD STREET WEST OF BLAKE STREET AP: PROXIMATELY 200 FEET, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 70A-87 ORDINANCE VACATING ALLEY SOUTH OF KIRKWOOD STREET WEST OF BLAKE STREET A~ PROXIMATELY 200 FEET WHEREAS, LeRoy Schroeder, Mrs. Ted Buechele and Mrs. L.M. Pfiffner are all property owners in the 900 block of Kirkwood Avenue in Dubuque, Iowa; and WHEREAS, they are interested in having the City of Dubuque vacate a platted alleyway which runs parallel to Kirkwood Street and which is located between their property and lots owned by William J. Klauer; and WHEREAS, William J. Klauer has agreed to sell property on the south skje of the alley to the above respective pro- )erty owners; and WHEREAS, the alley has been sub- divided into Lot 1 of Lot 68A Woods Ad- dition, Lot 2 of Lot 68A Woods Addition and Lot 3 of Lot 68A of Woods Addition in accordance with the plat filed with the City by Bartels & Byrne Engineering Company, 2590 Rockdale Road, Du- buque, Iowa. 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 an alley located south of Kirkwood Street and west of Blake Street with a width of 30.70 feet and a length of 204.19 feet on the north boundary and 194.13 feet on the south boundary 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 repairing and retain- ing existing public utilities and reserv- ing to the private utility companies its right of ingress and egress for the pur- pose of maintaining its existing facilities. Section 3. That the City Clerk be and she is t~ereby authorized and directed to record a certified copy of this Ordinance in the office of City Assessor, Dubuque County Recorder and Dubuque County qYeasurer. Passed, approved and adopted this 16th day of November, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in tt~e Telegraph Herald newspaper this 20th day of November, 1987. Mary A. Davis~ City Clerk It 11/20 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Regular Session, November 16, 1987 448 Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public ttearing to dispose of Cityfs interest in Lot I of Lot 68A of 'Woods Addition to Eleanor Buechale in amount of $388.38; Lot 2 of 68A of Woods Addn. to LeRoy Schroeder in the amount of $143.16 and Lot 3 of 68A of Woods Addition to Ruth pfiffner in amount of $68.46, presented and mad. There were no writteh objections receiv- ed and no oral objectors present at the time of the Hearing. Council Member Kronfaldt moved that the proof be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesnm; Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 318-87 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegrapb- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on the 6th day of November, 1987, the City Council of the City of Dubuque, Iowa met on,the 16th day of November, 1987 at 7:30 p.m. in thc Public Library Auditorium, 11th and Locust Streets, Dubuque, Dubuque County, Iowa to con- sider the proposal of the sale of real estate described as: Lot I of 68A of Woods Addition in the City of Dubuque. to Eleanor Buechele; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of tbe City of Dubuque, Iowa in the hereinabove described real estate to Eleanor Buechele. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc disposal of interest of the City of Dubuque, Dubuque Coun- ty, Iowa in the property described as Lot 1 of 68A of Woods Addition in the City of Dubuque, Iowa to Eleanor Buechale be and the same is hereby approved for of $388.38; and that the con- veyance shall be by Quit Claim Deed. Section 2. That the City of Dubuque reserves unte itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, in- stalling, constructing, reconstructing, repairing, owning, operating, and main- taining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby directed and authorized to dalivcr deed of conveyance conveying the above described real estate to the above- named party upon receipt of the pu~ chase price in full. Section 4. That the City Clerk be and she is hereby authorized and directed to ~ of this Resolution in the offices of the City Assessor, Dubuque County Recorder, and Du- buque County Treasurer. Passed, approved and adopted this 16th day of November, 1987. James E. Brady Mayor ATTEST. Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 319-87 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegrapb- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on the 6th day of November, 1987, the City Council of the City of Dubuque, Iowa met on the 16th day of November, 1987 at 7:30 p.m. in the Public Library Auditorium, 11th and Locust Streets, 449 Regular Session, November 16, 1987 Dubuque~ Dubuque County, Iowa to con- sider the proposal of the sale of real estate described as: Lot 2 of 68A of Woods Addition in the City of Dubuque to LeRoy Schroeder; and WHEREAS, the City Council of the City of Dubuque, Iowa overrnied any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to LeRoy Schrooder. NOW, THEREFORE, BE IT RE- SOINED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque Coun- ty, Iowa in the property described as Lot 2 of 68A of Woods Addition in the City of Dubuque, Iowa to LeRoy Schroeder be and the same is hereby approved for the sum of $143.16; and that the con- veyance shall be by Quit Claim Deed. Section 2. That the City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, in- stalling, constructing, reconstructing, repairing, owning, operating, and main- raining wato~; sewer, drainage, gas, telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby directed and authorized to deliver deed of conveyance conveying the above described real estate to the above- named party upon receipt of the pur- chase price in full. Section 4. The City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Dubuque County Recorder, and Du- buque County Treasurer. Passed, approved and adopted this 16th day of November, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 320-87 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 6th day of November, 1987, the CiW Council of the City of Dubuque, Iowa met on the 16th day of November, 1987 at 7:30 p.m. in the Public Library Auditorium, llth and Locust Streets, Dubuque, Dubuque County, Iowa to con- sider the proposal of the sale of real estate described as: Lot 3 of 68A of Woods Addition in the City of Dubuque to Ruth Pfiffner; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Ruth Pfiffnen NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque County, Iowa in the property described as Lot 3 of 68A of Woods Addition in the City of Dubuque, Iowa to Ruth pfiffner be and the same is hereby approved for the sum of $68.46; and that the con- veyance shall be by Quit Claim Deed. Section 2. That the City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, in- stalling, constructing, reconstructing, repairing, owning, operating, and main- taining warm; sewer, dralnage, gas, telephone, t,v. cable and electric lines as Regular Session, November 16, 1987 may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby directed and authorized to daliver deed of conveyance conveying the above described real estate to the above- named party upon receipt of the pur- chase price in full. Section 4. That the City Clerk be and she is hereby authorized and directed to record a certified Co~y of this Resolution in the offices of the City Assessor, Dubuque County Recorder, and Du- buque County Treasurer. Passed, approved and adopted this 16th day of November, 1987. James E. Brady Mayor ATTES'fi Mary A, Davis City Clerk Council Member Kronfaldt moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 321-87 RESOLUTION APPROVING A GRANT OF EASEMENT FOR A 20' WIDE UTILITY EASEMENT FOR WATERMAIN TO THE CITY OF DUBUQUE WHEREAS, there has been prepared a plat showing a 20' wide utility easement for watermaln in Lot 2-1-3 and Lot 2-2-1-1-1-1-3 all of Mineral Lot 172 in the City of Dubuque, Iowa; and WHEREAS, the City of Dubuque is owner of the aformentioned lots and in- tends to dispose of said properties. NOW, THEREFORE, BE IT SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby grants unto itself a perpetual utility easement for watermain in Lot 2-1-3 and Lot 2-2-1-1-1-1-3 all of Mineral 450 Lot 172 in the City of Dubuque, Iowa, and the Mayor is hereby authorized and directed to sign the attached Grant of Easement. Section 2. That the City Clerk is hereby authorized and directed to file said Grant of Easement in the office of the Dubuque County Recorder. Passed, approved anti adopted this 16th day of November, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by tixe following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commissinn approving zoning reclassification for Finley Hospital and amended Conceptual Development Plan, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Krleg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. An ORDINANCE Amending Zoning Ordinance and Zoning Map by reclass- ifying described properties at 1475, 1491-1499, 1503, 1548, 1555 and 1567 Delhi St. and adjoining properties from R-2 Two Family Residential District to ID Institutional District and approving an amendment to the Conceptual Devniopment Plan for the Finley Hospital ID Institutional District, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended 451 Regular Session, November 16, 1987 and further moved that a Public Hear- ing be held on the proposed Ordinance on the 7th day of December, 1987, at 7:30 p.m, in the Public Library Audi- torium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager m- questing a public hearing be held to vacate a public utility easement located in Lot I of Block i of Clarke Crest Estates Second Addition, presented and Council Member Simon moved that the communication be received and fil- ed and approved request with Public Hearing scheduled for December 7, 1987 at 7:30 p.m. in the Public Library Audi- torium and directing the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Krleg, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfaldt, Man- ning, Simon. Nays--None. Communication of City Manager recommending tentative approval for the disposition of property owned by the City of Dubuque at the northwest cor- ner of Delhi and West 5th Street and also autborizing the Mayor to execute an easement document for the Water Main on the City owned lots, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried hy the following vote: Yeas-- Mayor Brady, Council Members Deicb Kluesner, Krieg, Kronfeldt, Manning, Simon, Nays None. RESOLUTION NO. 322-87 INTENTION OF DISPOSAL OF CITY INTEREST IN PROPERTY LOCATED ON THE NORTHWEST SIDE OF DELHI STREET AT THE INTERSECTION OF DELHI STREET AND WEST FIFTH STREET IN THE CITY OF DUBUQUE, IOWA WHEREAS, Finley Hospital has an interest in acquiring City owned proper- ty at the northwest side of Delhi Street at the intersection of Dalhl Street and West 5th Street this property being described as follows: Lot 2 of 1 of Lot 3 of M.L. 172 and Lot 2 of 2 of 1of 1of 1 of 1of 3 of M.L. 172 all in the City of Dubuque, Iowa and WHEREAS, this site was once used for water storage tanks but the water storage tanks have now been demolish- ed; and WHEREAS, the City has no further need for this property for water storage tanks but would retain a 20' easement for maintenance and construction of water mains essential for operation of water system; and WHEREAS, purchaser would be pro- hibited from constructing a building or structure on the easement but could use the easement area for parking purposes; and WHEREAS, there is 14,602 square feet of area represented in this property and it has been appraised at a value of $8,760.00; and WHEREAS, Finley Hospital is will- ing to purchase the property for its ap- praised value at $8,760.00 plus publica- tion and recording costs. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2 of 1 of Lot 3 of M.L. 172 and Lot 2 of 2 of 1 of 1of 1 of 1of 3 of M.L. 172 all in the City of Dubuque~ Iowa to Finley Hospital. Section 2. That the City of Dubuque would retain an easement across the pro- perty for the construction and main- tenance of water mains and buildings or structures would be prohibited from be- ing constructed on the easement but the purchaser would have the right to use the easement area for parking purposes. Regular Session, November 16, 1987 452 Section 3. That the City of Dubuque, Iowa proposes to dispose of its inteFest with the exception of retaining of an easement on this property for the con- sideration of the payment by the pur- chaser of $8,760.00 plus publication and recording expenses, Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Cha~ter 364.7 Disposal of Property -- Cod~ of Iowa, 1987 or as amended. Passed, approved and adopted this 16th day of Novemben 1987. James E. Brady Mayor ATTESq]. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Memher Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Receipt of,Petition regarding imposi- tion of Local Option Sales and Services Tax, presented and read. Council Member Simon moved that the petition be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 3234]7 RESOLUTION CALLING FOR AN ELECTION TO AUTHORIZE THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX IN THE CITY OF DUBUQUE, IOWA, AT THE RATE OF ONE PERCENT (1%) TO BE EFFECTIVE ON APRIL 1, 1988 WHEREAS, Chapter ~22B of the Iowa Code authorizes the imposition of certalb local option taxes after an elec- tion in which the majority of the electors vote in the affirmative; and WHEREAS, the imposition of a local sales and services tax to provide proper- ty tax relief and to provide local finan- cial self-sufficiency would be in the best interest of the City of Dubuque to pro- vide long'term financial stability of both the operating and capital budgets of the City; and WHEREAS, the City Council of the City of Dubuque declares its intent to hold a special election for the purpose of electorate to pass upon the proposition of imposing a one per- cent (1%) sales and services tax for the City of Dubuque. NOW, THEREFORE, BE IT fiE- SOLVED, BY THE CITY CO~JNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the County Commis- sioner of Elections of Dubuque County is hereby directed to give notice of and conduct a special election at the earliest possible date for the purpose of submit- ting to the voters al the City of Dubuque the following proposition: '"lb authorize the imposition of a local sales and services tax in the City of Dubuque at the rate of one percent (1%) to be effective on April 1, 1988." Section 2. That revenues from the sales and services tax are to be allocated hi the City of Dubuque as follows: "Fifty percent (50%) for property tax tel'el. The special purposes for which the ~e shall otherwise be expended are: "Thirty percent (30%) for reduc- tion by at least seventy-five per- cent (75%) of street special asses- sments, and maintenance and repair of streets. q~venty percent (20%) for upkeep of City-owned property such as sidewalks, steps, storm sewers, walls, curbs, traffic signals and signs, bridges, and buildings and facilities (e.g., airport, parks, swimming pools, Five Flags Center, library, fire stations, Law Enforcement Center, City Hall); 453 Regular Session, November 16, 1987 for transit equipment; for river- front and wetland development and for economic development." Section 3. That the City Clerk is hereby authorized and directed to pro- vide a certified copy of this resolution to the County Commissinner of Elections of Dubuque and Dubuque County and to the County Board of Supervisors of Dubuque County. Passed, approved and adopted this 16th day of November, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution, as amended. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Simon. Nays--Council Members Manning, Kronfeldt. Communication of City Manager recommending approval for Dubuque Yacht Basin, Inc. to sublease certain facilities on property leased from the City to Anderson Marine Co. of Rockford and Davenport, presented and read. Council Member Krieg moved that tile Communication be received and filed. Seconded by Council Member Kluesne~: Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 3244]7 RESOLUTION GRANTING APPROVAL OF DUBUQUE YACHT BASIN TO SUBLEASE UNDER LEASE AGREEMENT TO ANDERSON MARINE COMPANY OF ROCKFORD, ILLINOIS WHEREAS, a letter dated October 10, 1987 addressed to the Dubuque Dock Commission from Dubuque Yacht Basic Inc. request approval of a sublease of three buildings and land leased from the City of Dubuque to Anderson Marine Company of Rockford, Illinois and Davenport, Iowa; and WHEREAS, Dock Commission adopted a motion at their regular meeting on November 3, 1987 in which motion they recommended to the City Council approval of the sublease; and WHEREAS, under lease agreement with Dubuque Yacht Basin, Inc. dated April 8, 1970 Dubuque Yacht Basin, Inc. has a right to sublet or assign any of its rights in the leased property to any per- son or concern with the prior written ap- proval of the City to the end that the City's interest shall be fully protected and which approval of the City shall not be unreasonably withheld. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That approval be granted to Dubuque Yacht Basin, Inc. to lease ce~ tain facilities on leased property covered by lease agreement dated April 8, 1970 to Anderson Marine Company of Rock- ford, Illinois and Davenport, Iowa. Passed, approved and adopted this 16th day of Novembm; 1987. James E. Brady Mayor 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 Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending Zoning Ordinance and Zoning Map by reclass- ifying property known as Castleridge Estates, located east of Grandvlew Ave. between Kaufmann Ave. and Kane St. from R-1 Single Family Residential District to PR Planned Residential Distfrct (1st reading given 10-19; 2nd Reading given 11-2), presented and read. Council Member Kluesner moved that thls be the third reading of the Ordi- nance and final adoption of the Ordi- nance. Seconded by Council Member Deich. Vote on the motion was as follows: Regular Session, November 16, 1987 454 Yeas--Council Members Deich, Klues- ncr. Nays--Mayor Brady, Council Mem- bers Kronfeldt, Manning, Simon, Abstain--Council Member Krieg. MO- TION FAILED. ORDINANCE N(YP ADOPTED. Communication of Attor~aey David Lelfker being of opinion this matter is a conflict of interest for Council Member Krieg, was presented. Council Membe~ Kluesner moved to receive and file the communication, Seconded by Council Member Dalch. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Recessed at 8:50 P.M. Council Reconvened at 9:00 P.M. Council Member Krleg left the Chambers at 9:00 P.M. Communication of Planning and Zon- ing Commissidn advising of their denial to rezone property owned by Krieg Boys Ice located south of Cedar Cross Read and west of Nightengale Lane; Com- munication of Attorney David Lcifker, representing residents who live along Nightongale Lane, protesting the propos- ed rezoning in area; Communication of Greg and Mike Adams submitting con: cerns pertaining to the proposed rezon- lng of the property belonging to Krieg Ice Co.; Communication of Attorney Gary Norby requesting the Council to set this rezoning request for a Public Hearing, presented and read. Council Member Kronfeldt moved that they received and file all of the com- munications m~d regretably concur with the deniel. Seconded by Council Member Simon. Vote on the motion was as follows: Yeas--Council Members Klues- ncr, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Manning, Simon. Absent--Council Member Krieg. MOTION FAILED. Mayor Brady moved Chat they receive and file and concur, Seconded by Coun- cil Member Kinesner. Vote on that mo- tion was as follows: Yeas--Mayor Brady, Council Member Kluesner. Nays-- Council Members Deich, Kronfaldt, Manning, Simon. Absent--Council Member Krieg. MOTION FAILED. Council Member Kronfeldt moved that they receive and file the com- munications. Seconded by Council Mem- ber Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Council Member Krieg entered the Chambers at 9:22 P.M. Communication of Planning and Zon- ing Commission advising of their denial to rezone property adjoining 100 East 4th St. (Harbor Place Development Cor- poration) from HI to CR Commercial Recreation District; Communication of Kenneth Hartig and John Thompson re- questing consideration be given to set ;his matter for public hearing, presented and read, Council Member Manning moved that tl~e communications be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None, An ORDINANCE Amending Zoning Ordinance and Zoning Map to reclassify ~ at 100 East 4th Street adjacent to the Chicago Central Ralfroad tracks from HI Heavy Industrial District to CR Commeralal Recreation District, presented and read. Council Member Manning moved that e considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further nmved that a Public Hear- ing be held on the proposed Ordinance on the 21st day of December, 1987 at 7:30 p:m. in the Public Library Auditorium and that the City Clerk publish notice in the mariner prescribed by law. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. 455 Regular Session, November 16, 1987 Communication of City Manager recommending suspension of Beer Per- mit issued to the Mulgrew Oil Co. for the AMOCO Food Shop at 1450 Lores for 14 days, presented and read. Council Member Kronfeldt moved that the communication be received and filed and approved suspension for 14 days. Seconded by Council Member Shnon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ningi Simon. Nays--None. Communication of City Manager re- questing approval of an amendment to the current Funding Agreement with the Greater Dubuque Development Corpora- tion, presented and read. Council Member Simon moved that the communication be received and fll- ed and approved amendment to the funding agreement. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing Council approval for commit- ment of City funds in the amount of $7,647 as local match for $22,941 of a $30,588 Narcotics Control Grant which has been awarded by the Governor's Alliance on Substance Abuso, presented and read. Council Member Krieg moved that the communication be received and filed and approved expenditure. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. PLUMBING BOARD: One ~Ibrm that will expire 11-02-89 (Person must have a B.S. Degree) -- Term of Hoffmann; q~vo qbrms that will expire 11-02-90 (Must be Master Plumbers) -- Terms of Darner & Willenborg. APPLICANTS: Joseph A. Danner, Jeffrey J. Schwartz, Mike Steve Harlan Wifienborg. Curtis Wright. Coun- cil Member Kronfeldt moved that Cur- tis Wright be appointed to fill an unex- pired term that requires the B.S. degree and which will expire 11-2-89. Seconded by Council Member Krieg. Carried by ;he following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. For the other two positions which will expire 11-02-90, vote on those appoint- ments was as follows: Mayor Brady voted for Danner and Steve; Council Member Deich voted for Steve and Wfilenborg; Council Member Kluesner voted for Dammr and Steve; Council Member Krieg voted for Danner and Steve; Council Member Kronfeldt voted for Schwartz and Steve; Council Member Manning voted for Danner and Steve; Council Member Simon voted for Dan- net and Steve. Therefore, Joseph Danner and Mike Steve be appointed to fill three yem' terms which require them to be Master Plumbers and terms which ex- pire 11-02-90. The Brewing Co. requesting to transfer their Beer Permit to the first floor of CyCare Building on December 1st and Loras College requesting to transfer their Beer Permit to Graber Athletic Center, Lores Campus for an all-school dance on December 4th, presented and read. Council Member Kluesner moved that the transfers be approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 325-87 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Or- dinances of this City and have filed pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. Regular Session, November 16, 1987 456 CLASS"B"BEER PERMIT Lores College College Center Alta Vista &Loras CLASS "C" BEER PERMIT Hartig Drug Co. 2225 Central Ave. (Also Sunday Sales) TFM Co. Oky Doky #6 1256 Iowa St. (Also Sunday Sales) Iowa Oil Company IOCO Speede Shoppe #93 3250 Dodge ST (Also Sunday Sales) CLASS"BE"BEER PERMIT Hartig Drug Co. 700 Main Hartig Drug Co. 2255 J.F.K. (Also Sunday Sales) Passed, adopted and approved this 16th day of November 1987. James E. Brady Mayor ATTESql Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 326-87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the stone have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to co~nply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT 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 Licens~ CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Shirley Mihalakis River City Tavern & Restaurant 1406 Pine Street (Also Sunday Sales) Passed, approved and adopted this 16th day of November 1987. James E, Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Councll Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Historic Preservation Commission of 11-3; Hous- ing Comnfission of 10-20; Park & Recrea- tion Commission of 10-13; Keyline's Comparative Earnings Statement and Statistics for First Quarter of FY '88; Cable Teleprogramming of 11-3; Park & Recreation Commission of 11-3; Fourth St. Peninsula Committee of 10-28, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klucsner, Krieg, Kronfeldt, Manning, Simon. Nays--None, NOTICES OF CLAIMS AND SUITS: Mary Jane McLaughlin in anat. of $12.48 for car damages; Carole Snodgrass in amt. $4.94 for car damages, presented and read. Council Member Deich moved that the claims be referred to the Legal Staff for investigation and report. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg~ Kronfeldt, Manning, Simon. Nays--None, Communication of State Historical Society of Iowa advising that Central 457 ~ar Session, November 16, 1987 High School, 1500 Locust St., has been removed from the National Register of Historic Places effective September 23, 1987, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by ti~e following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims paid for month of September, 1987, presented and read. Council Member Deich moved that the proof be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Nites of the Square Table, Inc. $150 on unexpired Beer Permit, TFM Co., Oky Doky #11, $18.75 on unexpired Beer Permit, pre- sented and read. Council Member Deich moved that the refunds be approved and Finance Direc- tor to issue the proper check. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Coun- sel advising the Court has set a trial date for the Four Mounds Declaratory Judg- ment Case, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager re- questing authorization to submit to the Department of HUD a proposed pro- gram state of intent for Calendar Year 1988, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 327-87 A RESOLUTION AUTHORIZING THE FILING OF A STATEMENT OF INTENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CITY OF DUBUQUE. WHEREAS, the City of Dubuque is entitled to participate in the Commun- ity Devalopment Block Grant Program authorized under the provisions of Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Dubuque has been declared eligible for funding in the approximate amount of $850,000 for Calendar Year commencing January 1, 1988; and WHEREAS, the Community Devel- opment Block Grant Proposed State- ment of Intent has been developed so as to give maximum feasible priority to ac- tivities which will benefit low and moderate income persons and aid in the prevention or elimination of slums and bligi~t; and WHEREAS, the City of Dubuque has provided the citizens of the community with opportunities to comment on the Statement of Intent. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of a Propos- ed Statement of Intent for participation in the Community Development Block Grant Program is hereby approved, and the Mayor of the City of Dubuque is hereby authorized and directed to ex- ecute the necessary documentation on behalf of the City of Dubuque. SectiOn 2. That the City Manager is hereby authorized and directed to sub- mit, in the required number of copies, the Regular Session, November 16, 1987 458 proposed Statement of Intent to the U.S. Department of Housing and Urban Development and other appropriate agencies together with such other documents as may be required. Passed, approved and adopted this 16th day of November. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution, Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner Krleg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing authorization to publish Notice of Environmental Review Findings for the following projects: Washington Neighborhood Tool Library; Operation paintbrush; Housing Rehabillation Loan Program; Property Acquisition/Reloca- tion/Demolition Program; Commercial/ Industrial Loan Participation; Economic Development Activities and Code En- forcement, presented and read. Council Member Deich moved that the communications be received and filed, Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich Kluesner, Krieg, Kronfeldt, Mmming, Simon. Nays--None. RESOLUTION NO. 328-87 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COM- MUNITY DEVELOPMENT BLOCK GRANT PROJECTS, WHEREAS, the City of Dubuque is proposing to enter into a Grant Agree- ment for the Calendar Year commencing January 1, 1988 with the U.S. Depart- ment of Housing and Urban Develop- ment, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described projects to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen- tal Review Committee has after due con- sideration made a determination that the projects are not a major Federal ac- tion significantly affecting the quality of tixe hmnan environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby auti~orized and directed to ~ubfish a Notice of Finding of No Significant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for said projects available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. *Washington Neighborhood Tool Library *Housing Rehabilitation Loan Program *Property Acquisition/Relocation/ Demolition Program *Code Enforcement *Operation Paintbrush *Commercial]Industrial Loan participation *Economic Development Activities Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of December 7, 1987 authorizing the submission of a request to the U.S. Department of Hous- ing and Community Development for release of funds to undertake the above- mentioned projects. Passed, approved and adopted this 16th day of November, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk 459 Regular Session, November 16, 1987 Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--Non~ NOTICES in the matter of the Con- demnation of certain rights in land by Iowa DOT for the improvement of Primary Read No. U.S. 61 in the City of Dubuque for "Lot 2 of Lot 2 of Lot 3 of City Lot 505"; and Lot 2 of Lot 1, and Lots 2, 3, 4 and 5, ali of the Subdivision of City Lots 578A and 579 City Lot 579A; Lot 2 of part of Lot 34 of Union Addition (sometimes described as Lot 2 of Lot 34 Union Addition); and Lots 7, 8 and 9 of Block 13 in Dubuque Harbor Co.'s Addition; and Lots 10 and 11 and Lot 2 of Lot I of Lot 12, all in Block 13 Dubuque Harbor Co.'s Addn. were presented and read. NOTICE of amendment ~o application by removing name of L & ! Building Ca c/o Lester R. Weber and by adding L & I Building Co.. c/o Elaine Baxter and removing names of Chicago Central and Pacific RR cio John Haley and CMC Real Estate Corp. to Chicagc~ Milwaukee, St. Paul and Pacific RR cio C T Corporation System, presented and read. Council Member Deich moved that the Notices be received and filed. Seconded by Council Member Simon Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending approval of tentative Five Year Street program, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 329-87 RESOLUTION APPROVING A TENTATIVE FIVE YEAR STREET CONSTRUCTION PROGRAM AND SUBMITTING SAME TO THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, there has been prepared ~ tentative street construction program for fiscal year 1988 through 1992; and WHEREAS, said construction pro- gram must be filed with the Iowa Department of Transportation by December 1, 1987 for the purpose of allocating Read Use Tax Funds to municipalities; and WHEREAS, this Council has review- ed the tentative street construction pro- gram as submitted. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Tentative Five Year Street Construction Program for fiscal ~ears 1988 through 1992 be and the same is hereby approved, and the Mayor is hereby authorized and directed to sign this Resolution. Section 2. That the City Manager is hereby authorized and directed to for- ward the required documents relating to the Five Year Street Construction Pro- gram to the Iowa Department of Transportation. Passed, approved and adopted this 16th day of November, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing authorization to execute a Lease Agreement with Frank Hardie Advertising, Inc. for a period of 30 months conunencing on August 15, 1987 Regular Session, November 16, 1987 and terminating on February 14, 1990, presented and read. Council Membm' Deich moved that the communication be received and fil- ed and approved authorization. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfaldt, Manning, Simon. Nays--None. ' There being no fi~rther business, Cram- cji Member Manning moved to adjourn the meeting. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Meeting Adjourned at 9:50 P.M. Mary A. Davis City Clerk Approved Adopted __1988 __1988 Mayor Council Members ATTESq~ City Clerk 460