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1987 December Council ProceedingsRegular Session, December 7, 1987 461 CITY COUNCIL OFFICIAL Regular Session, December 7, 1987. Council Met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Mem- bers Dcich, Kluesne~; Krieg, Manning, Simon, City Manager W. Kenneth Gear- hart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Kronfeldt. 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 Rev. Loren Hirschy, Pastor of the Word of Life Ministries. PROCLAMATIONS: December 9th as "Youth in Law Enforcement Day." Council Member Dcich moved to sus- pend the rules to 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 Deicb Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Not,ce of Public Hearing on Plans and Specifications for Iowa Fuel Storage and Dispensing and Cm'd Control System at Public Works Garage, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Mem- ber Klucsner rnoved that the proof of publication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deic~ Kluesner, Krieg, Manning, Simon. Nays--None Absent--Council Member Kronfeldt. RESOLUTION NO. 33087 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 28th day of Oc- tober, 1987, plans, specifications, form of contract and estimated cost were fil- ed with the City Clerk of Dubuque, Iowa, for the City of Dubuque, Iowa Fuel Storage and Dispensing System; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTES~ 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 Delch, Kluesner, Krleg, Manning, Simon. Nays--None. Absent Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for the construction of City of Dubuque, Iowa Fuel Storage and Dispensing and Card Control System at Public Works Garage AND Communica- tion of City Manager recommending to award contract for above to PE.S., Inc. of Marion, lA, presented and read. Gouncil Member Kluesner moved that the proof and communication be receiv- ed and filed. Seconded by Council Mem- ber Dcich. Carried by the following vgte: Yeas--Mayor Brady, Council Members 462 Regular Session, December 7, 1987 Deich, Khiesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 331.87 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque Public Works Garage Fuel Storage, Dispensing and Card Con- trol System pursuant to Resolution No. 308-87 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of November, 1987. WHEREAS, said sealed proposals were opened and read on the 24th day of November, 1987 and it has been deter- xnined that the bid of EE.S. Ina of Marion in the amount of $89,179.59 was the lowest bid for the furnishing of all labor and ~nateriais and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awarded to EE.S. Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTES~ 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, Kinesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Proof of publication~ certified to by the Publisher, on Notice of Public Hearing on rezoning request of Finley to rezone properties on Delhi Street and approv- ing an amendment to the Conceptual Devaiopment Plan for the Finley Hospital ID Institutional District, presented and read. There were no writ- ten objections received and no oral ob- jectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and lied. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 70-87 An ORDINANCE AMENDING ZON- ING ORDINANCE AND ZONING MAP OF THE CITY BY RECLASS- IFYING PROPERTIES AT 1475, 1491-1499, 1503, 1543, 1555 AND 1567 DELHI, AND ADJOINING PROPER- TIES, FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT TO ID IN- STITUTIONAL DISTRICT AND AP- PROVING AN AMENDMENT TO THE CONCEPTUAL DEVELOP- MENT PLAN FOR THE FINLEY HOSPITAL TO INSTITUTIONAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of November 16, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 70-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTIES AT 1475, 1491-I499, 1503, 1543, 1555, AND 1567 Regular Session, December 7, 1987 463 DELHI, AND ADJOINING PROPER- TIES, FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT TO ID IN- STITUTIONAL DISTRICT AND AP- PROVING AN AMENDMENT TO THE CONCEPTUAL DEVELOP- MENT PLAN FOR THE FINLEY HOSPITAL ID INSTITUTIONAL DISTRICT. WHEREAS, Finley Hospital, owner and applicant, filed an application for reclassification of 1475, 1491-1499, 1503, 1543, 1555, and 1567 Delhi and adjoin- ing properties from R-2 Two Family Residential District to ID Institutional District and has filed an amendment to the conceptual development plan for cer- tain properties hereinafter described in accordance with provisions of the ID In- stutlonai District regulations as set forth in Section 3-5.2 of the Code of Or- dniances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hearing on said application for zoning reclassifica- tion and said amendment to the concep- tual devaiopment plan pursuant to re- quired published notice; and WHEREAS, the planning and Zoning Commission has approved said applica- tion for zoning reclassification and said amendment to the conceptual develop- ment plan subject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-5.2D(4) of the Code of Ordi- nances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the planning and Zoning Commission recommended the concur- rence of the City Council in approval of said amendment to the conceptual development plan and said application of zoning reclassification; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and held its own public hearing on said amendment to the conceptual develop- ment plan and said application for zen- lng reclassification pursuant to required published notice; and WHEREAS, the City Council has ep- proved said amendment to the concep- tual development plan and said applica- tion for zoning reclassification subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying from R-2 Two Family Residential District to ID In- stltutionai District, and an amendment to the conceptual development plan is hereby adopted and approved for the fdilowing described property, to wit: Lot 1, Lbt 2 of Lot 1 of Lot 2, Lot 1 of Lot 1 of Lot 2, Lot 2 of Lot 3, Lot 1 of Lot 3, all in Hughes Subdivision; Lot 4, Lot 5, Lot 1 of the North 95 feet of Lot 2 of the Sub of Lot 3, the south 151.1 feet of Lot 2 of Lot 3, Lot 2 of Lot 1 of Lot 3, Lot 2 of the north 95 feet of Lot 2 of Lot 3, and Lot 1 of Lot 1 of Lot I of Lot I of Lot 1 of Lot 3, all in Mineral Lot 172, Lot 2 of the Sub of Lot 1 in Motor Sub and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the "ID Institutional District" and of the Zoning Ordinance, the property herein above described is subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above described ID In- stitutional District: 1. Facilities and operations for diagnosis, care, and treatment of human health disorders, including examination or operating rooms, physical therapy or x-ray facilities, psychiatric treatment, convalescent care, and similar hospital related uses, but not to include commer- ciaiuses or uses listed as accessory uses for the ID Institutional District. This 464 Regular Session, December 7, 1987 provision shell include separate doctors, (b) Construction of the building clinics or other medical facilities not shall begin after June l, 1988 owned or operated by the principal in- stitution but functionally related to the institution and included in the concep- tual development plan. {36] 2. Accessory Uses. The following usually shall be permitted as accessory uses in the above described ID Institu- tional District. (a) All uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside the principal building. B. Lot and Bulk Regulations. Develop- ment Of land in the ID Institutional District shall be regulated as follows: (1) All buildings, structures and ac- tivities shall be located in conformance with the attached conceptual develop- ment plan and all final site development plans to be approved in accordance with the provisions of the ID Institutional District regulations as provided in the Zoning Ordinance of the City of Du- buque~ Iowa. (2) A minimum building setback shall be as fallows: 40' front yard setback; 50' rear yard setback on north side of property; 10' plan 2' per story for a side yard set- back; and a moximum height of 30' on front of the building and 40' at the rear of the building measured at the average ground level at the building. C. Perfurmance Standards. The devel- opment and maintenance of uses in this ID Institutional District shall be established in conformance with the following standards, as well as with the regulations of Section 3-5.2 of the ID Institutional District: 1. The proposed construction and landscaping schedule shall occur as herein described: (el Demolition of existing struc- tures and site preparation is completed by May 1, 1988. with the finished grading to be completed by March 31, 1989. (c) The buildingsites are designed and completed by March 1, 1989 with the finished land- scaping completed by May 1, 1989. (d) Tbe building is ready for oc- cupancy by June 1, 1989. D. Additional Standards. 1. The off-street parIdug requirement for the principal permitted uses for the hereinafter described ID Institutionel District shall be designated by a bracket- enclosed number next to the use, as herein described: [36] .75 spaces for each employee on the maximum shift plus 3.5 spaces for each doctor (doctors are not included as employees for calculations of this parking group) 2. A mlnimum of 162 off-street Park' lng spaces and two loading spaces will be provided on the site based on the following calculations: 30 physicians x 3.5 spaces = 105 spaces 60 support employees x.75 spaces = 45 spaces Dialysis area = 12 spaces 3. The signs permitted in this ID In- stitutional District area shall be limited as specified in Section 4-3.11 of the Zon- ing Ordinance of the City of Dubuque, Iowa. 4. The conceptuel development plan shall be valid for a period of three years provided a final site development plan for the phases is submitted within one year from the date of approval. 5. No future access onto the alley will be allowed from site. 6. Site meets requirements of Section 4-4 and 4-5 of the Zoning Ordinance. 7. The developer shall control the flow of the storm water from the site by Regular Session, December 7, 1987 providing a temporary retention of storm water on the site and discharge into a cUrb-and-guttered street to control the Bow of water into the city sewer. No water shall be discharged onto the ad- joining alley. E. Transfer of Ownership. 1. Transfer of ownership or lease of property in this ID Instltutionel District shall include in the transfer of lease agreement a pro~/ision that the pur- chaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. F. Previous Plan. 1. The conceptual development plan for that portion of the Finley ID Institu- tional District approved by Ordinance No. 29-86 shall remain valid and in ef- fect in conjunction with this amend- ment. Passed, approved end adopted this 7th day of December, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the qblegraph Herald newspaper this 14th day of December, 1987. Mary A. Davis City Clerk It 12/14 Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. proof o~ publication, certified to by the Pabllsher, on Notice of Public Hearing, to dispose of City's interest in property located at the northwest side of Delhi St. at the intersection of Delhi Street and West 5th St., presented and read, There were no written objections received and or oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received end 465 Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfaldt. RESOLUTION NO. 332-87 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 16th day of November, 1987, at 7:30 p.m. in the 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 2 of I of Lot 3 of M.L. 172 and Lot 2 of 2 of 1of 1of 1 of 1 of 3 of M.L. 172 all in the City of Dubuque, Iowa to Finley Hospital; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and ell objections, oral or written to the interest in the City of Dubuque, Iowa in the heralnabove real estate to Finley Hospital. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque Coun- ty, Iowa in the property described as Lot ~ of I of Lot 3 of M.L. 172 and Lot 2 of 2 of 1 of 1 of 1of 1 of 3 of M.L. 172 all in the City of Dubuque, Iowa to Finley Hospital be and the same is hereby ap- proved for the sum of $8,760.00 plus cost of publication and recording costs; and that conveyance shall be by Quit Claim Deed. Section 2. That the City of Dubuque retains an easement across the proper- ty for the construction and maintenance of water mains, that buildings or struc- tures are prohibited from being con- structed on the easement but that the purchaser has the right to use the ease- ment area for parking purposes. 466 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 put- chase price in full. Section 4. That the City Clerk be and is bereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Du- buque County Recorder, and Dubuque County Treasurer. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTESm Mary A. Davis City Clerk Council Member Simon moved adop. tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Proof of publication, certified to by the publisher, on Notice of Public Hearing to vacate and release a ten foot wide public utility easement commencing at the southwesterly boundary line of Lot i of Block 1 of Clarke Crest Estates Second Addition, presented and read. There were no written objections receiv- ed and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kineaner, Krieg, Manning, Simon. Na~- Nm~o: Absent--Council Member Kronfeldt. RESOLUTION NO. 333-87 WHEREAS, pursuant to resolution and published notice of time and place of hearing, posted in the Telegraph Herald, a newspaper of general circula- tion, published on November 23, 1987 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa Regular Session, December 7, 1987 met on the 7th day of November, 1987 at 7:30 o'clock p.m. lin the Poblic Library Auditorium) to consider the vacation and release of a ten foot wide public utfl- ity granted to the public ralatlng to and affecting Lot 1 of Block 1 of CLARKE CREST ESTATES SE- COND ADDITION TO THE CITY OF DUBUQUE, IOWA, according to the recorded plat thereof filed May 26, 1987 5498-87 in the office of the Recorder of Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa deems it in the best interests of the public that said release and vacation of easement be granted and that said easement be aban- NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal to vacate and release a ten foot wide p~bllc util- ity easement conunencing at the south- westerly boundary line of Lot i of Block I of CLARKE CREST ESTATES SECOND ADDITION TO THE CITY OF DUBUQUE. IOWA, according to the recorded plat thereof fi]ed May 26, 1987 as Instrument Na 5498-87 of the Dubuque County records, and extending in a generally northerly direction to the center of said lot where said easement terminates, and the proposed abandon- ment of said publi5 utility easement to the proprietor be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby em- powered to execute any documents necessary to the releasing of said public utility easement, including this resalu- tion, and the Mayor and City Clerk are hereby empowered to certify this resoiut~on. Section 3. That the City Clerk be and she is hereby directed to file a certified copy of this resolution in the offices of the Dubuque County Recorder, Dubuque County Auditor and Dubuque County Assessor. Passed, approved and adopted this 7th day of Deccmber, 1987 Session, December 7, 1987 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolutinn. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Coundfl Members Deich, Khiesner, Krieg, Manning, Simon. Nays--None. Absent-- Council Member Kronfeldt. Communication of City Manager ad- vising of City's intent to dispose of parcel of City-owned property to Pete S. and Bessie Sfikas adjacent to their restaurant property at 4th Street and Central Ave., presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Krleg. Can tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- nor, Krleg, Manning, Simon. Nays-- None. Abeant--Canncil Member Kron- feldt. RESOLUTION NO. 334~7 RESOLUTION OF INTENTION TO DISPOSE OF CITY'S INTEREST IN PROPERTY DESCRIBED AS LOT 2 OF BLOCK 7 IN "DUBUQUE DOWNTOWN pLAZA" WHEREAS, Pete S. and Bessie Sflkas are owners of the restaurant building and property located at 4th Street and Can- tral Avenue and adjacent to a vacated alley lot still owned by Ch~ City of Du- buque; and WHEREAS, Sfikas' are interested in acquisition ot this City owned property identified as Lot 2 of Block 7 in "Du- buque Downtown plaza"; and WHEREAS. Lot 2 of Block 7 is half of a vacated alley adjacent to property owned by the Sfikas; and WHEREAS, all other portions of the alley between 4th Street and 5th Street have been merged into adjoining proper- ties; and WHEREAS, in the subdivision and the vacation of the alley the City 467 is described as "Easement L" for the installation and future mmn- tenance and repair, if any, of the sanitary sewer located therein and of the water mains located therein in the City of Dubuque, Iowa; and WHEREAS, the sanitary sewer in Easement L still exists and the City of Dubuque desires to retain it and would retain it under the proposed sale; and WHEREAS, the proposed sa]es price of the property representing 771.14 square feet is $771.14 plus recording and publication fees. 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 Block 7 in "Dubuque Downtown Plaza" in the City of Dubuque, Iowa for $771.14 plus cost of publication and recording fees. Section 2. That the exls~g "Easement L" shall remain in effect and the City fur- thor reserves unto itself, on the dispos- ed property, a perpetual easement in- cluding the right of ingress and egress thereto for the purpose of erecting, in- stalilng, constructing, reconstructing, repairing, owning, operating and main- taining water and sewer lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice to be publlshed as prescrib- ed under Chapter 364.7 Disposal of Pro- perry Code of Iowa, 1987 or as amended. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor \TTEST: Mary A. Davis City Clerk Counc~ Member Simon moved adop- tlon of the Resolution, setting Hearing for December 21, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. SeConded by Council 468 Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Daich, Khiesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kranfaldt. Communication of City Manager sub- mitring documents provkllng for the bid- ding process for the installation of new toilet rooms on the first floor of City Hall, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Krieg. Car- tied by the following vote: Yeas--Mayar Brady, Council Members Daich, Klues- nar, Krieg, Manning, Simon. Nays-- None. Abeent--Canncil Member Kran- faidt. RESOLUTION NO. 385-87 pRELIMINARY AppROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY cOUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specificatlens, form of contract and estimated cost for the New Toilet Rooms, First Floor, City Hall, Dubuque, Iowa, in the estimated amoUnt of $50,000.00, are hereby approv- ed and orderd flied in the office of the City Clerk for public inspactinn- passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, CoUncil Members Deich, Khiesner, Krleg, Manning, Simon. Nays--None. Absent-- Council Member Kronfeldt. RESOLUTION NO. 336-87 FIXING DATE OF HEARING ON pLANS AND SPECIFICATIONS Regular Session, December 7, 1987 the City Council of the City of Dubuque, Iowa, has given its pre- ilmlnary approval on the proposed plans, specifications, and form of contract and placed same on file in the of?ce of~ t?e City Clerk for public mspectlan ot the New Toilet Rooms, First Floor, City Hall, Dubuque, Iowa. NOW, THEItEFORE, BE IT RE- SOLVED that on the 18th day of January, 1988, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested per- sons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or esti- mated cost of the improvement. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution, setting Hearing for Januory 18, 1987 at 7:80 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Krieg. Carried by the following , CounCil Mem- bers Deich, Kinesner, Krieg, Manning, Simon. Nays--None. Absant--Canncil Member Kranfeldt. RESOLUTION NO. 337-87 oRDERING BIDS BE IT RESOLVED BY THE CITY cOUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the New Toilet Rooms, First Fhior, City Hall, Dubuque, Iowa is Ses~lon, December 7, 1987 hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice 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 7th day of January, 1988. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:80 p.m. on the 18th day of January, 1988. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTEST: Mary A. D~vis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Yduesner, Krieg, Manning, Simon. Nays--None. Absant-- Council Member Kranfeidt. Communicatian of City Manager submitting resolutions associated with the solicitation and award of contract for cleaning, repairing and painting of the 750 MG elevated water storage tank. College Station, presented and Cotmcil Member Simon moved that the cannnnnication be received and filed. Seconded by Council Member Ktieg. Car- tied by the following vote: yeas--Mayor Brady, Council Members Deich, Kines- ncr, Krieg, Manning, Simon. Nays-- None. Abeent--Council Member Kron- faldt. 469 RESOLUTION NO, 33847 pRELIMINARY APPROVAL OF pLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY CouNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, · of contract and estimated cost for the Cleaning, Repairing and painting of the 750 MG Elevated Water Tank -- Col- lege Station -- Dubuque, Iowa, in the estimated amount of $358,000.00 or ;395.000.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent-- Council Member Kronfaidt. RESOLUTION NO. 3394~7 FIXING DATE OF HEARING ON pLANS AND SPECIFICATONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary apprevai on the proposed plans, specilicatians, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Cleaning, Repairing and painting of the 750 MG Elevated Water Tank -- College Station -- Dubuque, Iowa. NOW, THEREFORE, BE IT SOLVED that on the 18th day of January, 1988, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested per- sons may appear and be heard for or against the proposed plans and speCilica- tions, form of contract and cost of said improvement, and the City Clerk be and 470 Regular Session, is hereby directed to cause a Kotice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or esti- mated cost of the improvement. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent-- Council Member Kronfeldt. RESOLUTION NO. 340~7 ORDERING RIDS BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Cleaning, Repairing and painting of the 750 MG Elevated Water qhnk -- College Station -- Dubuque, Iowa is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications hcre~:ofor~ 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 7th day of January, December 7, 1987 1988. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. onthe 18th day of January, 1988. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resofutian. Seconded by Cbuncil Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Ktieg, Manning, Simon. Nays--Nane. Absent-- Council Member Kronfeldt. Communication of City Manager recommending approval of a Dubuque Racing Association's requesting for four ecte (new collection booths and im- provements to entrances; central air con- ditioning of five kennel buildings; employees parking lot entrance paving md reconstruction of Winner's Circle Lounge to "Pub" or "Saloon" motif) with total amount not to exceed $134,710, presented and read. Council Member Simon moved that the be received and filed and approved request of the D.R.A. Second- ed by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicb, Kluesner, Ktieg, Manning, SLmo~ Nays--None. Absent-- Council Member Kronfeldt. planning and Zoning Chairperson, Steve Hardie, to address the Council oxid submit the final report of the 4th Street peninsula Committee and discuss the planning and Zoning Commission's time ~able for the rezoning of the m'ea, Steve Hardie spoke to the report. Council Member Simon movad that the report be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent-- Council Member Kronfeldt. Regular Sessior December 7, 1987 Communication of Malo Sand and Gravel Ca requesting Council to re[er the 4th Street Report to the City Engineer and further that this report be reviewed by the City Attorney, presented and read. Mr. Robert Molo spoke to his concerns contained with the final report. Council Member Simon moved that the com- mtmicatlon ha received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khies- net, Krieg, Manning, Simon. Nays-- None. Absent--Council Member Kran- feldt. Communication of City Manager re- questing the adoption of resolutions associated with the issuance of a Depar~ ment of Army permit for the lllllng of the 28 acre site on the west side of Kerper Blvd. between 19th St. and Fengler Ave., presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Canncil Member Kronfeldt. RESOLUTION NO. 3414~7 RESOLUTION APPROVING AN AGREEMENT WITH THE U.S. ARMY CORP OF ENGINEERS FOR A 404 PERMIT FOR FILLING 28 ACRE SITE ON WESTSIDE OF KERPER BOULEVARD BETWEEN 19TH STREET AND FENGLER STREET WHEREAS, the City of Dubuque, Iowa and FDL Foods, Inc. own approx- imately 28 acres of land west of Kerper Boulevard north of 19th Street Exten- sion and s~uth of Fengler Street in the City of Dubuque, Iowa; and WHEREAS, this land is now classilled as wetlands and the City of Dubuque, Iowa and FDL Foods, Inc. have submit- ted an appilcatinn for a Department of Army permit with the U.S. Army Corp of Engineers, Rock Island District dated April 28, 1986 for filling of this area; and 471 WHEREAS, the Iowa Department of Transportation will be using this 28 acre dte as a fill site for material to be used on the Relocated 61 project; and WHEREAS, on the completion of the Relocated 61 project the City of Dubuque and FDL Foods, Inc. are desirous in fill- big the site and developing it for in- dustcial development purpose; and WHEREAS, as part of the granting of the permit by the U.S. Army Corp of Engineers a mitigation plan must be ap- )roved by the City Council and an agree- ment on this plan between the Iowa Department of Natural Resources and the City of Dubuque on future use of the mitigated property; and WHEREAS, as a condition of the is- suance of the 404 permit by the U.S. Corp of Engineers written evidence must be submitted to document the commit- ment by the City of Dubuque for develoI~ hig the acreage on Chaplain Schmitt Memorial Island as a wetland mitigation ~rea and this mitigation to be completed within three years after the issuance of the 404 permit. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City of Dubuque agrees with the conditions outlined in the Department of Army Permit identified as CE NCR-OD-S-070-0X6-1-143040 transmitted to the City of Dubuque in a letter dated Nevember 19, 1987 from Nail A. Smart. Colonel, U.S. Army District Engineer Section 2. That the City of Dubuque agrees with the mitigation pinns stip- ulated in a letter dated October 19, 1987 from the Department of Natural Re- sources to the U.S. Army Corp of Engineers and considered a part hereof. Section 3. That thc Mayor is hereby authorized and directed to execute in ti~e name of the City of Dubuque the Depart- ment of Army permit identified as per- mit number CENCR-OD-S-070-0X6-1' 143040. Passed, approved and adopted this 7th day .of December, 1987. 472 James E. Brady Mayor ATTEST. Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Sinmn. Nays--None. Absent--Council Member Kronfeldt. Regular Sessio~ December 7, 1987 of Engineers is predicated on a written agreement between the City of Dubuque, Iowa, FDL Foods, Inc. and the Iowa Department of Natural Resources in ac- cordance with a letter dated October 19, 1987 from the Iowa Department of Natural Resources to the U.S. Army Corp of Engineers. (Considered a part hereof) RESOLUTION NO. 342-87 RESOLUTION APPROVING A MITIGATION PLAN ON CHAPLAIN SCHMITT MEMORIAL ISLAND BETWEEN THE IOWA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque, Iowa and FDL Foods, Inc. own approx- imately 28 acres of land on the west side of Kerper Boulevard north of 19th Street and south of Fengier Street in the City of Dubuque, Iowa; and WHEREAS, this land is now classi- fied as wetlands and the City of Du- buque, Iowa and FDL Foods; Inc. have submitted an application to the U.S. Army Corp of Engineers. Reck Island District dated April 28, 1986 for filling of this area; and WHEREAS, Iowa Department of ClYanspor ration will be using site dm'lng construction of Relocated 61 for storage of dredge fill: and WHEREAS, the City of Dubuque and FDL Foods, Ina are desirous on comple- tion of Relocated 61 project of filling and using area for industrial development purposes; and WHEREAS, the City of Dubuque, Iowa and FDL Foods, Inc. have devel- oped an acceptable mitigation plan for development of wetlands on Chaplain Schmitt Memorial Island and contrib- ution of $24,000 by FDL Foods, Inc. to IDNR for an off-site wildlife improve- ment; and WHEREAS, specific conditions for the issuance of a permit by the U.S. Corp NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque makes a commitment to develop, main- rain, operate the wetland mitigation area on Chaplain Schmitt Memorial Island as shown on Department of Army Permit No. CENCR-OD-S-070-0X6-1-143-040. Section 2. That the City commits itself to the completion of the wetland niltiga- tion plan on Chaplain Schmitt Memorial Island three years after issuance of the Department of Army 404 permit. Section 3. That the City shall dedicate the area on Chaplain Schmitt Memorial Island as shown on the maps attached to the permit as a mitigation and fish and wildlife habitat area with restric- tions that will preclude future habitat alteration in the dedicated area. Section 4. That the City of Dubuque agrees and an escrow account shall be set up by FDL Foods, Inc. and the Iowa Department of Natural Resources in the amount of $24,000.00 to facilities off-site mitigatinn (wetland developxnent) at a site to be selected and improved by the Iowa Department of Natural Resources. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTEST. Mary A~ Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Krleg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Regular Sessior Conununication of City Manager sub- mitting an Ordinance providing that Lincoln Ave. between Windsor and Roosevelt be designated as a "Through Street'; 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 Dalch, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO, 71-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ADD- ING LINCOLN AVE. FROM WIND- SOR AVE. TO ROOSEVELT STREET TO SUBSECTION (b) OF SECTION 25-209 THEREOF PROVIDING FOR THE DESIGNATION OF LINCOLN AVENUE FROM WINDSOR AVE- NUE TO ROOSEVELT STREET AS A "THROUGH STREET", presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 71-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING LINCOLN AVENUE, FROM WINDSOR AVENUE TO ROOSE- VELT STREET TO SUBSECTION (b) OF SECTION 25-209 THEREOF PRO- VIDING FOR THE DESIGNATION OF LINCOLN AVENUE, FROM WINDSOR AVENUE TO ROOSE- VELT STREET AS A THItOUGH STREET. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque. Iowa be amend- ed by adding Lincaln Avenue. from Windsor Avenue to Roosevelt Street to Subsection (b) of Section 25-209 thereof as follows: "Sec. 25-209. Through Streets (b) December 7, 1987 473 Lincoln Avenue, from Windsor Avenue to Roosevelt Street. Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTEST. Mary A. Davis City Clerk Published offialally in the Telegraph Herald newspaper this 14th day of December, 1987. Mary A. Davis City Clerk It 12/14 Council Member Deich 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 Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Krleg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of Council Member Krieg requesting Council consider reduc- ing the number of members representing the City on DMATS, AND Communica- tion of Mayor Brady regarding clarifica- tion of misunderstanding of DMATS quorum, presented and read. Council Member Simon moved that this matter be ;able& Seconded 53' Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfcidt. Communication of Council Member Krieg requesting discussion of the meeting rules regarding recorded votes at Council Meetings, presented and read. Council Member Krieg moved that the communication be ~ceived and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Conncil Members Dalch, Kluesner, Krieg, Manning, Simon. 474 Regular Session December 7, 1987 Nays--Nong Absent--Council Member Kronfaldt. Communication of Council Member Krieg submitting her resignation from the Operation: New View Board, pre- sented and read. Council Member Krieg moved that the communication be received and filed and accepted with regret. Seconded by Coun- cfi Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. TRANSFER REQUESTED: The Brewing Co. from 951 Main St. to First Floor CyCare Building, Town Clock Plaza on December 11th, presented and Council Member Deich moved that the transfer be approved. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich. Kluesner. Krieg, Man- nlng, Simon. Nays--Nong Absent-- Council Member Kronfeldt. RESOLUTION NO. 343-87 BE IT RESOLVED by the City Coma- cil of the City of Dubuque~ Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sail Cigaret- tes and Cigarette Papers within said Cit~ Walgreens 555 J.F.K. erin P. Johnson Bottom's Up 1601 Central Ave. Iowa Oil Co. IOCO Speede Shoppe 2335 University Ave. Iowa Oil Co. IOCO Speede Shoppe 1998 Jackson St. Iowa Oil Cc~ IOCO Speede Shoppe 3200 Central Ave. Iowa Oil Cb IOCO Speede Shoppe 3250 Dodge St. Iowa Oil Co. IOCO Speede Shoppe 1481 Dodge St~ Iowa Oil Co. IOCO Speede Shoppe 1387 Dodge St. Passed, approved and adopted this 7th day of December 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 344-87 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council Ior approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such apphcante were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW. THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT United Auto Workers, Local #94 3450 Central Ave. (Also Sunday Sales) Passed, approved and adopted this 7th day of December 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Dalch moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Regular Session, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 345~87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE New French Cafe, Inc. 255 West Sixth (Also Sunday Sales) Billy Bucks, Inc. (William-Shirley Meyer) 521 East 22nd (Also Sunday Sales) Angelina Bertolini Marie's Restaurant 1298 Main St. (Also Sunday Sales) Benevolent & Protective Order of Elks #297 2699 J.F.K. (Also Sunday Sales) Passed, approved and adopted this 7th day of Decembm; 1987. Jame E. Brady Mayor A~rTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner. Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. MINUTES SUBMITTED: Airport Commission of 11-10; Cable TV Regn- December 7, 1987 475 latory Commission of 11-18; Dock Com- mission of 11-3; Electrical Examining Board of 11-10; 4th Street Peninsula Committee of 11-18; Five Flags Commis- sion of 11-9; Housing Commission of 11-17; Housing Code of Appeals Bd. of 10-29; Human Rights Commission of 11-9; Planning and Zoning Commission of 11-4; Police Retirement Board Meeting of 11-13; Public Library of 11-17; Zoning Bd. of Adjustment of 10-22 & 11-3, presented and read. Council Member Kluesner moved that the minutes be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. REFUNDS REQUESTED: Big River Boat Co. in amount of $422.50 for unex- pired Liquor License, present and read. Council Member Kluesner moved that the refunds be approved and Finance Director to issue the proper check. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg. Manning, Simon. Nays--None. Absent--Council Member Kronfaldt. NOTICES OF CLAIMS AND SUITS: Attorney for estate of Samuel V. Hicks requesting Court to discharge the administrator and to approve all actions of said Administrator and to approve the closing of the estate without payment of debts, expenses or administration and making no distribution; Willian~ and Mildred Bendorf vs City of Dubuque (third party) et al in total amount of $50,000 for personal injuries (two claims); Erin Steckleln in amount of $15 for personal property losses; Gene Wiederholt in amount of $136.34 for car damages; In the matter of condemnation of certain rights in land by Iowa DOT for the improvement of Primary Road U.S. 61 for various properties; Notice of dismissal of condemnation; Notice of ap- praisement of danmge and time for ap- peal for Parcel ~302, presented and read, Cotmcil Member Kluesner moved that the claims and suits be referred to the 476 Regular Session, December 7, 1987 Legal Staff for investigation and report. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. proof of publication, certified to by the Publlshe~; on List of Claims paid for month of October, 1987; City Manager submitting Financial Reports for the month of October, 1987, presented and read. Council Member Kluesner moved that the proof of publication and report be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfaldt. Corporation Counsel advising of voluntary dismissal of lawsuit filed by Dubuque Yacht Basin vs. City of Du- buque, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Corporation Counsel submitting voluntary settlement of a Tax Appeal fil- ed by Arjen D. Chamberlain, presented and read. Council Member Kluesner moved that the communication be received and fil- ed, Seconded by Council Member Daich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. proof o~ publication, certified to by the Publisher, on Notlce of Finding of No Significant Effect on the Environment for various Community Development Projects. presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Deich. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Sin~on. Nays--None. Absent--Council Member Kronfaldt. Communication of City Manager re- questing approvai of Resolution author- izing a request of C.D. Funds for certain Iprojecte, presented and read. ! Council Member Kiuesner moved that the communication be received and fil- ed. Seconded by Council Member Dalch. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfaldt. RESOLUTION NO. 346-87 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuque convened an ad hoc committee on June 23, 1976 which completed an Environ- mental Assessment of the following pro- ects to be funded in the Community Development Block Grant: Residential Rehabilitation Loan Program; Operation paintbrush (free exterior paint); Tool Lending Library sponsored by Washington Tool Library, Inc., a non- profit corporation; Property Acquisition/Relocation/ Demolition Projects; and WHEREAS, pursuant to Resolution No. 240~76 adopted July 6, 1976, Public Notice of a "Finding of No Significant Effect on the Envlroment" for the above projects was published July 7, 1976 in the Dubuque Telegraph Herald, and pro- vided for a public comment period until 12:00 Noon on Friday, July 30, 1976, and notice of opportunity to review the pro- jects was published on November 17, Regular Session, December 7, 1987 1987 in the Dubuque Telegraph Herald and provided for public comment period until 12:00 noon, December 4, 1987; and WHEREAS, the City of Dubuque convened an ad hoc committee on June 12, 1978 which completed an Environ- mental Assessment of the following pro- ject to be funded in the Community Development Block Grant: Code Enforcement; and WHEREAS, pursuant to Resolution No. 210-78 adopted June 19, 1978, Public Notice of a "Finding of No Significant Effect on the Environment" for the project above was published June 20, 1978, in the Dubuque Telegraph Herald and provided for a public com- ment period until 12:00 noon, Friday July 7, 1978, and notice of opportunity to review the project was published on November 17, 1987 in the Telegraph Herald and provided for a public com- ment period until 12:00 noon, December 4, 1987; and WHEREAS, the City of Dubuque convened an ad hoc committee on June 15, 1982 which completed an Environ- mental Assessment of the following pro- ject to be funded in the Community Development ~Block Grant: Commercial/Industrial Loan Partici- pation; and WHEREAS, pursuant to Resolution No. 169-82 adopted June 21, 1982, Public Notice of a "Finding of No Significant Effect on the Environment" for the project above was published June 21, 1982, in the Dubuque Telegraph Herald and provided for a public com- ment period until 12:00 noon, Friday, July 9, 1982, and notice of opportunity to review the project was published on November 17, 1987 in the Dubuque Telegraph Herald and provided for a public comment period until 12:00 noon, December 4, 1987, and WHEREAS, the City of Dubuque convened an ad hoc committee on July 30, 1982 which completed an Environ- mentel Assessment of the following pro- ject to be funded in the Community Development Block Grant; 477 Economic Development Activities; and WHEREAS, pursuant to Resolution No. 203-82 adopted August 2, 1982, Public Notice of a "Finding of No Significant Effect on the Environment" for the project above was published August 4, 1982, in the Dubuque Tele- graph Herald and provided for a public comment period until 12:00 noon, Friday, August 20, 1982 and notice of opportun- Ry to review the project was published on November 17, 1987 in the Dubuque Telegraph Herald and provided for a public comment period until 12:00 noon, December 4, 1987; and WHEREAS, Public Notice of a "Find- ing of No Significant Effect on the En- vironment'' for the projects was sent by regular mail to various federai, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropiate to receive such a Public Notice; and WHEREAS, any and all objections, if any, to such proposals have been duly :onsidered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds to carry out the above-identified projects. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for each of the projects shall continue to remain on file in the Office of the City Clerk where said record may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment seven (7) days after publication of appropriate notice a request for release of funds to undertake the said projects. Section 3~ That the Mayor of the City of Dubuque is hereby authorized to 478 sible federal official under the National Environmanta! Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in his official capacity and on behalf of the-City of Dubuque, to accept the jurisdiction of the Federal Courts ff an action is brought to enf2rce responsibilities in ralatlan to enwron- mental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hemby authoriz- ed and directed to execute acer tificai~on pertaining to the Environmental Re- Section 6. That the City Clerk be and sbe is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification at- tached hereto and made a part hereof. Passed. approved and adopted tins 7th day of December, 1987. James E. Brady Mayor ATTES~ 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, Kinesner, Krleg, Manning, Simon. Nays--None. Absant--Council Member Kronfeldt. Co Unlcation of Flaninng n Zon: lng Commission approving fina~ pmr or Sub. of Lot 7, Block 2 of "Wolff Place in Northrange Industrial Park, presented Session, December 7, 1987 ~ineaner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 347-87 A APPROVING THE FINAL PLAT OF THE SUB- DIVISION OF LOT 7, BLOCK 2 OF "WOLFF pLACE IN NORTH- RANGE INDUSTRIAL PARK" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 7, Block 2 of "Wolff Place in e Industrial park" in the City Iowa; and wHEREAS, said final plat has been exanfined by the City Planning and Zon- ing Commission and had its approval eh- · thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Lot 7, Block 2 of "Wolff place in Northrange Industrial park" in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted tiffs 7th day of December, 1987. James E. Brady Mayor ATTESq~ Mary A, Davis City Clerk Council Member Kluesner moved and read. adoption of the Resolution. Seconded by Council Member Klueanar. moved ,th(~. Council Member Deich. Carried by the the communication be rece~veu ann n - following vote: Yeas--Mayor Brady, ecl. Seconded by Council Member Delch. Council Members Daich, Kinesner, Carried by the following vote: Yeas-- Krieg, Manning, Simon. Nays--None. Mayor Brady, Council Members Deich, Absent--Council Member Kronfeldt. Regular Session, Communication of IA DOT Commis- sion advising of the authorization of $150,000 in State Aid for relocation and expansion of ticket counter, baggage areas, car rentals and information booths and development of a hold room area at the Dubuque Municipal Airport, pre- sented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager recommending acceptance of the con- struction contract for the Fire Depart- merit Drill area north of Hawthorne Street, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kinesner, Krleg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 348-87 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Fire Department Drill Area has been com- pleted and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted according to the terms of the con- tract, plans and specifications and recommends its acceptancg NOW, THEREFORE, BE IT SOLVED by the City Council of the City of Dubuque, Iowa, that ti~e recommen- dation of the City Manager be approv- ed and that said improvement be and the same is hereby accepted, BE IT FURTHER RESOLVED that the City T~easurer be and he is hereby directed to pay to the contractor from the Revenue Sharing Fund in amount equal to the amount of his contract, less any retained percentage provided for therein, December 7, 1987 479 Passed, approved and adopted this 7th day of December, 1987. James E. Brady Mayor ATTESt. 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 Delch, Kinesner, Krieg, Manning, Simon. Nays--None. Member Kronfaldt. RESOLUTION NO. 349-87 FINAL ESTIMATE WHEREAS, the contract for the Fire Department Drill Ama has been com- pleted and the City Engineer has sub- mitred his final estimate showing the cost thereof including the cost of estimates, notices and inspection and ali mieceilaneous cost; NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the cost of said in- provement is hereby determined to be $36,125.79 and that said amount shall be paid fi, om the Revenue Sharing Fund of the City of Dubuque, Iowa. Passed, approved and adopted tiffs 7th day of December, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council member Kinesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Krleg, Manning, Simon. Nays--None. Absent--Council Member Kronfaldt. Corporation Counsel recommending denial of car damage claim of Vincent Connor; Recommending denial of car damage claim of Steven J. Plein; Recom- 480 Regular Session, mending denial of Sewer back-up claim of Francis and Margaret Conlon; Recom- mending closure of car damage claim of Edmund Cabal; Recommending closure of slip and fall claim of Eunice Gabriel, presented and read. Council Member Klueaner moved that the communications be received and fil- ed and recommendations approved. Seconded by Counail Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Tbere being no further business, Coun- cil Member Manning moved to adjourn the meeting. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kinesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfaldt. Meeting adjourned at 9:14 p.m. Mary A. Davis City Clerk Approved_ ~1988 Adopted _ ~ 1988 Mayor Council Members ATTES~ City Clerk December 7, 1987 Regular Session, December 21, 1987 481 CITY COUNCIL OFFICIAL Regular Session, December 21, 1987 Council Met at 7:30 P.M. in the Pablic Library Auditorium. Present: Mayor Brady, Council Mem- bers Kinesner, Krieg, Kronfaldt, Man- ning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. LindahL Absent--Council Member Daich. Mayor Brady read the call and s~ated 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 Dr. Egon Gerdes, Professor of Theology and Ministry at the University of Dubuque Theological Seminary. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider rezoning property at 100 E. 4th St, adjacent to the Chicago Central Railroad Tracks from HI to CR District, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Mem- ber Krieg moved that the proof of pub- lication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Klaesner, Krieg, Kron- feldt, Manning, Simon. Nays--None. Absent--Council Member Daich. Council Member Simon moved to sus- pend the rules to allow anyone to address the Council if they so desire. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Kronfcldt, Manning, Simon. Nays-- None. Absent--Council Member Delch. Mr. Ken Hartig and Mr. Steve Hardie both addressed the Council. ORDINANCE NO. 78-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINAN- CES, CITY OF DUBUQUE, IOWA, BE kMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASS- IFYING HEREINAFTER DESCRIB- ED PROPERTY AT 100 EAST 4TH STREET ADJACENT TO THE CHI- CAGO CENTRAL RAILROAD TRACKS FROM HI HEAVY INDUS- TRIAL DISTRICT TO CR COMMER- CIAL RECREATION DISTRICT, said Ordinance having been presented and read at the Council Meeting of December 16, 1987, presented for final action. (OFFICIAL pUBLICATION) ORDINANCE NO. 73-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINAN- CES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOE ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASS- IFYING HEREINAFTER DESCRIB- ED PROPERTY AT 100 EAST 4TH STREET ADJACENT TO THE CHI- CAGO CENTRAL RAILROAD TRACKS FROM HI HEAVY INDUS- TRIAL DISTRICT TO CR COMMER- CIAL RECREATION DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Code of Ordina;~ce~ of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa". to reclassify hereinafter describ- ed property from "HI Heavy Industrial District" classification to "CR Commer- cial Recreation District" classification, to wit: Lot 4 of Adams Company 1st Addition except the easterly 329.10 feet thereof, and to the center line of the adjoining right- of-way, all in the City of Dubuque, Iowa. 482 Regular Session, December 21, 1987 Section 2. That the foregoing amend- ment has heretofore been reviewed by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of December, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 29th day of December, 1987. Mary A. Davis City Clerk it 12/29 Council Member Krieg moved final adoption of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich, proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposal of City's interest in Lot 2 of Block 7 in "Dubuque Downtown Plaza", presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Comxcil Member Kinesner 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 Khiesner, Krieg, Kronfeldt. Manning. Simon. Nays--None. Absent--Council Member Deich, RESOLUTION NO. 350-87 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published inthe Telegraph Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on the 11th day of December, 1987, at 7:30 p.m. in the 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 2 of Block 7 in "Dubuque Down- town Plaza" all in the City of Dubuque, Iowa to Pete S. and Bessie Sfikas; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objectinns, oral or written to the )roposal to dispose of interest in the City of Dubuque, Iowa in the hereinabove described real estate to Pete S. and Bessie Sfikas. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque Coun- t3~ Iowain the property identified as Lot 2 of Block 7 in "Dubuque Downtown qaza" all in the City of Dubuque, Iowa to Pete S. and Bessie Slikas be and the ~ame is hereby approved for the sum of $771.14 plus cost of publication and recording costs; and that conveyance shall be by Quit Claim Deed. Section 2. That the City of Dubuque reserves unto itself an existing utility easement identified as Easement "L" on the disposed property, a perpetual ease- ment including the right of ingress and egress thereto for the purpose of erec- ting, installing, constructing, reconstruc- ting, repairing, owning, operating and maintaining water and sewer lines as may be authorized by the City of Du- buque, 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Du- buque County Recorder and Dubuque County Treasure~: Passed, approved and adopted this 21st day of December; 1987. James E. Brady Mayor Regular S ' ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resalutlon. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider expansion of the current West llth Street Historic Preservation District, presented and read. There were no written objections received and no oral objectors p~sent at the time of the Hearing. Council Member Manning moved that the proof of publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich~ Communication of State Historical Society of Iowa supporting expansion of the district, presented and read. Council Member Kronfaldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. ORDINANCE NO. 74-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY EX- TENDING THE BOUNDARIES OF THE WEST llTH STREET HIS- TORIC DISTRICT IN SECTION 19V2-6.5 THEREOF, said Ordinance hav- ing been p~sented and read at the Coun- cil Meeting of October 19, 1987, pre- sentod for final action. ~OFFICIAL PUBLICATION) ORDINANCE NO. 74-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE )ecember 21, 1987 483 CITY OF DUBUQUE, IOWA, BY EX- TENDING THE BOUNDARIES OF THE WEST 11TH STREET HIS- TORIC DISTRICT IN SECTION 19V2-6.5 THEREOF NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by enacting an addition to Section 19V~-6.5 to read as follows: "(a) Designated. The properties hereinafter described are hereby desig- nated as historic preservation district, according to the provisions of this chapter, to wit: All of Lots 6 through 12 of Cummin's Subdivision, inclusive; all of Lots 8 through 15 of Bissell's Dubuque, in- clusive; and the E. 150' of Lot 5 of City Lot 740. Passed, approved and adopted this 21st day of December, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald this 29th Day of December, 1987. Mary A. Davis City Clerk It 12/29 Council Member Kronfaldt moved final adoption of the Ordinance. Second- ed by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of Planning and Zon- ing Commission approving an amend- ment to the Zoning Ordinance regarding property owner notification and setting of Public Hearing, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesne~: Carried by the inlinwing vote: · 484 Regular Session,__~December 21, 1987 Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. An ORDINANCE Amending Zoning Ordinance and Zoning Map by repealing Section 5-3.4B, 5-3.5B and 6-2.1 and enacting a new Section 5:3.4B, 5-3.5B and 6-2.1 in lieu thereof, by clarifying and setting of public hearings for the Zoning Board of Adjustment and clari- fying the notification procedure of ad- joining property owners for applications for conditional uses, variances and zon- ing reclassifications, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 18th day of January, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk pubilsh notice in the manner prescribed by law. Second- ed by Council Members Kluesner. Car- ried by the failowing vote: Yeas--Mayor Brady, Council Members Kluesne~ Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Cogununication of Planning and Zon- ing Commission approving amendment to Zoning Ordinance to allow mini- warehousing as a conditional use in the C-2 District, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--Non~ Absent--Council Member Daich. An ORDINANCE Amending Zoning Ordinance and Zoning Map by defining mini-warehousing in Section 8 and enac- ting a new Section 3-3.2A of the C-2 Neighborhood Shopping Center District to allow mini~warehousing as a condi- tional use with certain provisions, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance, and that the reqnirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear-. ing be held on the proposed Ordinance on the 18th day of January, 1988, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice n tbe manner prescribed by law. Second- ed by Council Member Manning. Vote on the motion was as foliows: Yeas--Council Members Kronfeldt, Manning, Simon. Nays--Mayor Brady, Council Members Krordaldt, Manning, Simon. Absent-- Council Member Deich. MOTION FAIL- ED. Council Member Kluesner moved that this be considered the first reading only of the Ordinancg Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Petition of Thermolyne Corporation re questing a one-year extension to January 13, 1989 within which to commence im- )rovement of their property located on Kerper Blvd. AND Communication of City Manager submitting Resolution which tentatively approves the request subject to a Public Hearing on the mat- ter, presented and read. Coundl Member Simon moved that the petition and communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Kluesnet; Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Absent-- Council Member Deich. RESOLUTION NO. 351-87 RESOLUTION GRANTING THER- MOLYNE CORPORATION A ONE YEAR EXTENSION FROM JAN- UARY 13, 1988 FOR FULFILLING CONDITIONS ON THE DEED ISSUED THERMOLYNE CORPOR- ATION OF JANUARY 13, 1987. WHEREAS~ by Resolution No. 121-78 adopted April 17, 1978 the City Coun- cil approved an option agreement with Regular Session, Thermolyne Corporation which agree- ment provided for the sale of Lot I of Block 2 in "Riverfront Subdivision No. 3" in the City of Dubuque, Iowa; and WHEREAS, this property repre- sented 5.27 acres and agreed upon sale price was $5,000 per acre for a total sales price of $28,600; and WHEREAS, by Resolution No. 75-82 the City Council approved an amend- ment to the original option agreement which allowed Thermolyne Corporation ty within one (1) year from the date of delivery of the deed, being it understood that such improvements may consist of the construction of industrial facilities, or of other facilities, including parking facilities, necessary to support expansion of Thermolyne Corporation's manufac- turnig plant on adjacent property; and WHEREAS, the Thermolyne Cor- poratinn was issued a deed by the City of Dubuque dated December 1, 1986 and recorded in the office of the Recorder of Dubuque County on January 13, 1987 which was the date of ciosing; and WHEREAS, Thermolyne Corporation in a letter dated December 4, 1987, (copy attached) from Attorneys of the Ther- molyne Corporation that Thermolyne Corporation is requesting a one (1) year extension to January 13, 1989 for com- pliance with the improvements of the property as stipulated in the proviso of the deed issued and recorded on January 13, 1987. NOW, THEREFORE, BE IT RE- SOVLED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the City Councll agrees to the granting of a one (1) year exten- alon to the Thermolyne Corporation for compliance with the proviso of the deed within one (1) year which improvements may consist of the construction of in- dustriai facilities, or of other facilities including parking facilities necessary to support expansion of Thermolyne Cor- poration manufacturing property on ed- j acent property. Section 2. That the City Clerk be authorized and directed to publish a December 21, 1987 485 notice of public hearing for the disposi- tion of City's interest in real property as ~rescribed by the Code of Iowa, 1987 or as amended. Passed, approved and adopted this 21st day of December, 1987. James E. Brady Mayor ATTE Sq). Mary A. Davis City Clerk Conncil Member Simon moved edop- tion of the Resolution and set for public hearing on January 4, 1988. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Communication of City Manager sub- mitring Resolutlon amending Lease Agreement between the City and Du- buque Yacht Basir~ In~ dated November 23, 1987 and setting the proposed amendment for a public hearing, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 352-87 AMENDMENT TO LEASE AGREE- MENT BETWEEN CITY OF DUBUQUE AND DUBUQUE YACHT BASIN, INC. WHEREAS, the City of Dubuque and Dubuque Yacht Basin, Inc., executed a lease agreement on November 23, 1987 for 66,000 square feet (1.52 acres) of pro- perty on Chaplain Schmitt Memorial Island shown on the attached Exhibit "A" dated July 15, 1987; and WHEREAS, the lessee (Dubuque Yacht Basin) is desirous of acquiring an additional 1280 for total of 67,280 square feet (1.544 acres) as shown on Exhibit B dated December 4, 1987 to facilitate 486 Regular Session, access to proposed RN. Park on land previously leased from the City of Dubuque; and WHEREAS, the original lease agree- ment provided for a base rental of $1.00 per square foot per year initially or $6,600 and this figure will now be amended to a base rental of $6,728 per year and subject to the same cost of fiv- ing adjustment which is not to exceed a compounded rate of 5% per year for the term of the lease. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section L That the City of Dubuque proposes to amend lease dated Novem- ber 23, 1987 between the City of Du- buque and Dubuque Yacht Basin and to tentatively approve the attached amend- ed lease agreement for lease'of the addi- tional land as shown on Exhibit "B" dated December 4, 1987. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as pmsctibed mrder Section 364.7 Disposal of Property -- Code of Iowa, 1987 or as amended. Passed, approved and adopted this 21st day of December, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution and set for public hearing on 1-4-88. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Kronfeldt, Council Member Deich. Communication of Corporation Counsel Lindahl submitting a proposed draft of Section 26-11 of the Code of Or- dinances relating to Indecent Exposure, presented and read. Council Member Simon moved that December 21, 1987 filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Kronfaldt, Manning, Simon. Nays--None. Absent--Council Member Deich, 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 Krieg. Vote on the motion was as follows: Yeas--Council Member Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brad~ Absent--Council Member Deich. MOTION FAILED DUE TO LACK OF 3/4 VOTE. Cmmcil Member Simon moved that this be considered the first reading on- ly of the Ordinance. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Council Members Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brad~ Absent--Council Member Deich. Communication of Corporation Coun- sel providing additional information con- cerning Section 2-41(fl of the Code of Or- dinances regarding Method of Voting, presented and read. Council Member Simon moved that the communication be deferred to the meeting of January 18, 1988. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kron- feldt, Manning, Simon, Nays--None, Absent--Council Member Dcizh, Communication of City Manager sub- mitring Ordinance requiring veterinar- ians send copies of official rabies vaccina- tion certificates directly to the Health Services Division each month, presented and read. Council Member Khiesner moved that the eommuncation be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Kfues~ ncr, Kr~eg, Kronfaldt, Manning, Simon~ Regular Session, December 21, 1987 487 Nays--Council Member Kronfeldt. Absent--Council Member Deich. AN ORDINANCE Amending the Code of Ordinances by enacting a new Section 7-45{d) to provide that veterinar- ians shag forward copies of official rabies vaccination certificates to the Health Services Division, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- bers Simon. Vote on the motion was as fullows: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--Council Member Kron- feldt. Absent--Council Member Deich. Counag Member Kluesner moved this be considered the first reading of the Or- dfuance~ Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kfuesner, Krieg, Manning, Simon. Nays--Council Member Kronfaldt. Absent--Council Member Dcich. Communication of City Manager recommending revision of Law Enforce- ment Mutual Aid Agreement with City of Asbury' presented and read. Council Member Khiesner moved that the communication be received and ill- ed and approved Agreement. Seconded by Council Member Krlcg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kfuesner, Krieg, Kronfcidt, Manning, Simon. Nays-- None Absent--Council Member Deich. Communcation of City Manager sub- mitting two resolutions authorizing and dirocting the Mayor to execute copies of Agrecments with the IA DOT asso- ciated with improvement of Dodge St. from Concord St. to Rising St., presented and read. Council Member Khiesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Khies- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 353-87 AUTHORIZATION OF EXECUTION OF A PRE-DESIGN PROJECT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, Iowa Department of Transportation is requesting'the City to execute IDOT Agreement #88-P-006 relative to U.S. 20 {Dodge Street) from location near Concord Street to a loca- tion near Rising Street; and WHEREAS, this proposed project will provide for a four-lane divided highway beginning near Concord Street and extending easterly to a new intersec- tion of Dodge and Locust Street to be :onstructed as part of the Relocated 61 ~roject; and WHEREAS, as a part of this project a diamond exchange will be constructed at the intersection of Gmndview Avem~e and U.S. 20 with U.S. 20 being depress- ed under Grandview Avenue and Fre- mont Street in this a~ea; and WHEREAS, the proposed project will provide for the relocation and recon- struction of Bryant Street north of Curtis Street; and WHEREAS, the proposed length of the proposed project is 1.4 miles; and WttEP~EAS, under Lhis ,:greement ID(VI' will be acquiring all of the right. of-way necessary for the project but the City will have the responsiblity for all utility relocation and participation in the cost of storm sewers as proportionate to the City's benefit; and WHEREAS. the City will be commit- sttictions on the completion o~ the facility. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the Mayor be authoriz- ed and directed to execute this pre- 488 design project agreement identified as IDOT Agreement #88-P-006 for con- struction of primary road #20 as a con- trolled access facility within the City of Dubuque ~rom approximately Concord Street to Rising Street. Regular Session, December 21, 1987 City and to acquire real estate rights in ;he real estate rights needed by IDOT for the DOT all in accordance with Section 28E.12, Code of Iowa. Passed, approved and adopted this 21st day of December, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. RESOLUTION NO. 354-87 AUTHORIZATION OF EXECUTION OF A RIGHT-OF-WAY AGREEMENT ON DODGE STREET FOR CITY STREET RELOCATION AND/OR RECONSTRUCTION WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the Iowa Department of qyanspor ration is requesting the City to execute IDOT Agreement No. 88-1-068 relative to right-of-way acquisition for reconstruction of U.S. 20 (Dodge Street) beginning at Concord Street and exten- ding easterly to approximately Rising Street; and WHEREAS, under this agreement the City agreeing that IDOT shall acquire and pay for the right-of-way associated with the construction of this project; and WHEREAS, any right-of-way that will be acquired by IDOT that eventually will be part of the street system will be deeded to the City for the City's owner- ship and responsibility; and WHEREAS, property acquired under condemnation a single joint condemna- tlon proceeding shall be instituted by IDOT to acquire real estate or rights in real estate ~nd needed by the City for the NOW, THEREFORE BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the Mayor be authoriz- ed and directed to execute IDOT Agree- ment #88-1-068 relative to IDOT's acquisition of right-of-way associated with improvements of U,S. 20 from Con- cord Street to Rising Street as part of the reconstruction of U.S. 20 (Dodge Street) between these City streets in the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of December, 1987. James E. Brady Mayor qTTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich, BOARDS & COMMISSIONS: Elec- trical Examining Board -- One 3-Year Term which will expire 7-12-87 (qbrm of D. Hammel). Applicants: Dauiel J. Ham- reel and Wade Smith. Mayor Brady voted for Hammal. Council Member )eich was absent. Council Member Kluesner voted for Hammel. Council VIember Krieg voted for Hammel. Coun- cil Member Kronfeldt voted for Hammel. Council Member Manning voted for Hammel. Council Member Simon vSted for Hammel. Therefore, Daniel Hammal was reappointed to the Electrical Ex- amining Board for a term which will ex- pire 7-12-90. RESOLUTION NO. 355-87 BE IT RESOLVED by the City Coun- cil of the City o£ Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Regular Session, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Dog House Lounge 1646 Asbury Rd. Gene Kopp, Geno's 1641 Asbury Rd. Wareco System of Iowa 700 Rhomberg Ave. Dennis P. & John Dolan Union Cigar Store 336 Main St. Passed approved and adopted this 21st day of December 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 Kluesner, Krleg, Kronfeldt, Manning, Simon, Nays-- None. Absent--Council Member Dalch, RESOLUTION NO. 356-87 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected · and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Angel Investment Casey's General Store 2699 Rockdale (Also Sunday Sales) Molo Oil Co. Big "10" Mart 9th and Central (Also Sunday Sales) Passed, approved and adopted this 21st day of December 1987. James E. Brady Mayor )ecember 21, 1987 489 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 Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- Nona Absent--Council Member Deich. RESOLUTION NO. 357-87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; m~d 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 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 "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc. Iulien Motor Inn 200 Main St. (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joseph F. Bleile A & B Tavern 2600 Central Ave. David H. Hoffman The White House450 West Locust St. Kachevas, Inc. Demetris & Viking Lounge 665 Dodge (Also Sunday Sales) The Moracco, Inc. The Moracco 1413 Rockdale Rd. David A. Ungs Copper Kettle 2987 Jackson St. (Also Sunday Sales) Michael J. Weber Mike's Ten Pin Tap 601 Rhomberg (Also Sunday Sales) William C. and Steven Tong Rusty's Chinese Rest. 2600 Dodge (Also Sunday Sales) 490 Regular Session, December 21, 1987 Lenny's Avenue Top, Inc. Leonard J. TeKippe 1080 University Passed, approved and adopted this 21st day of December 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resalution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Dalch. MINUTES SUBMITTED: Cable Community Teleprogramming Commis- sion of 12-1; Five Flags Comm. of 11-23; Park & Recreation Comm. of 12-8; Plumbing Bd. of 12-9; Dubuque Transit Trustee Board of 11-12; Zoning Bd. of Adustment of 11-19, presented and read. Counall Member Simon moved that the minutes be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- net, Krieg, Kronfaidt, Manning, Simon. Nays--None. Absent--Council Member Deich. NOTICES OF CLAIMS AND SUITS: James M. LaPage in the amt. of $1000 plus punitive damages and at- torney's fees for a false arrest and malicious prosecution; IA DOT advising of an amendment to application for the appointment of a commission to ap- praise damages and 2nd amendment to notice continuing hearing; Notice of Appraisement of damages and time for appeal, presented and read. Council Member Simon moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- her, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. IA DOT advising of dismissals for Group "F" Parcel 257R and Dismissal of Group "D' Parcel 340, presented and read. Council Member Simon moved that the notice be received and filed. Second- ed by Council Member Krieg. Carried by he following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Sbnon. Nays-- None. Absent--Council Member Deich. Communication of Corporation Coun- sel recommending settlement of personal injury claim of Mr. Leckington in the amt. of $2000, presented and read. Council Member Simon moved that the communication be received and filed and settlement approved with the Finance Director to issue the proper check. Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of Corporation Counsel recommending closure of suit of Investment Counselors, Inc. and Du- buque Hotel & Convention Corp. vs City of Dubuque, presented and read. Council Member Simon moved that the communication be received and filed and approved recommendation. Second- ed by Council Member Krieg. Carried by he following vote: Yeas--Mayor Brady, Council Men, bets Kluesner, Krieg. Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Communication of City Manager · ecommending acceptance of 1987 Sealcoat Program, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- net, Kreig, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 358-87 ACCEPTING IMPROVEMENT WHEREAS, the contract for the 1987 Regular Session, December 21, 1987 491 Seaicoat Project has been completed and the City Manager has examined the work and filed his certificate staling that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approv- ed and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund and General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 21st day of Decembm; 1987. James E. Brady Mayor ATTES~P. Mary A. Davis City Clerk Council member Krieg moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays-- Nong Absent--Council Member Deich. RESOLUTION NO. 359-87 FINAL ESTIMATE WHEREAS, the contract for the 1987 Sealcoat Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous cost; NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be 5184,512.73 and that said amount shall be paid from the Street Construction Fund and General Obligation Bonds of the City of Dubuque, Iowa. Passed, approved and adopted, this 21st day of December, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner~ Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Communication of E. Eugene Perry submitting his mslgnation from the City Transit Board. presented and read. Council Member Simon moved that the communication be received and fil- ed and accepted with regret. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Communication of Dirk Voetberg sub- mitting his resignation from Human Rights Commission effective Dec. 14, 1987, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Members Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ne~; Krieg~ Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of Planning and Zon- ing Commission approving final plat of Sub. of Lot 1-1-13 in "Valley View Heights at Center Grove" as requested by Charles and Irene McDermott and Butt and Maxine Steve for property located west of Cedar Cross Road and east of Crescent Ridge, presented and read. Council Member Simon moved that the communication be received and 492 filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays None, Absent--Council Member Deich. Regular Session, December 21, 1987 following vote: Yeas--Mayor Brady, RESOLUTION NO. 360-87 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUB- DIVISION OF LOT i OF LOT I OF LOT 13 IN "VALLEY VIEW HEIGHTS AT CENTER GROVE" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Sub- divison of Lot i of Lot 1 of Lot 13 in "Valley View Heights at Center Grove" in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the final plat of the Subdivision of Lot 1 of Lot 1 of Lot 13 in "Valley View tteights at Center Grove" in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 21st day of December, 1987. James E. Brady Mayor ATTESq! Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Absent--Council Member Deich. Communication of City Manager sub- mitring Financiai Reports for the month )f November, 1987, presented and read. Council Member Simon moved that the communicarion be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communications of Corporation Counsel recommending closure of follow- ing claims: tar on car claim of Mary Jane McLaughlin; Sewer back-up claim of Robert and Virginia McNamer; Slip and fall claim of Erin Stecklein; Subrogation for a slip and fall claim of UAC for Betty Jane Candy; Small claim for a slip and fall claim of Vera Schroeder, presented and read. Council Member Simon moved that the communications be received and fil- ed and approved recommendations. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Kfues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communicarion of Rebert Rosenow expressing appreciation and "Thanks" to both Rhonda Kronfcldt and Barb Manning for the years of service of be- ing on the Council, presented and read. Council Member Kricg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Communication of Airport Commis- sion advising of the need for a vehicle in their FY '88 Budget, presented and read. Council Member Simon moved that the communication be received and Regular Session, December 21, 1987 filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kcieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Dalch. Communication of Dubuque Kennel Club, In~ requesting changes be made with Dubuque Humane Society, pre- sented and read. Council Member Krieg moved that the communication be received m~d filed. Seconded by Council Member Simon, Carried by the following vote: Yeas-- Mayor Brady, Council Members Kfues- net, Krieg, Kronfeldt, Manning, Simon, Nays--None. Absent--Council Member Dcich. There being no further business, Coun- cil Member KronfeMt moved to adjourn. Seconded by Council Member Mmmlng. Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Dcich. Meeting adjourned at 8:48 p.m. Mary A. Davis City Clerk Approved _ -- 1988 Adopted 1988 Mayor Council Members ATTESq~. City Clerk 493