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1986 December Council ProceedingsRegular Session Members Deichi Kluesnor, Krieg, Kronfeldr, Manning, Simon. Nays--None. · Corporation Counsel submitting rul- ing in the Telegraph Herald case re- ,questing minutes of the Dubuque Rac- ing Association Meetings, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kmnfoodt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Communication of Wm. Blum, City Solicitor, recommending settlement of claim filed by Micheile Cole, in the amount of $2000, presented and road· Council Member Kranfeldt moved that the communication be received and fil- ed and approved settlement with Finance Director to issue the proper checks. Seconded by Council Membe. Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kineaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. At 11:01 P.M., Council Member Simon moved that this Council Meeting be recessed until 7:00 P.M. on Tuesday, November 18th in the Library Auditorium. Seconded by Council Member Kluesnor. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Recessed Session, November 18, 1986 of November 17, 1986. Council met at 7:03 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart. Absent at Roll Co01: Council Member Klueaner. Absent: Council Member Deich. Council Member Kluesner entered the Chambers at 7:07 P.M. Communication of Cit,- ' November 17, 1986 ~ents regarding discussion for ~luest of "Worksessinn', presented and read. Following discussion and put, Council Member Manning moved that the communication be received and filed and accept the recommendations with modifications. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. Absant--Canncil Member Deich. There being no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. Absent--Canncll Member DOOch. Meeting adjourned at 8:53 P.M, Mary A. Davis City Clerk Approved --~ 1987 Adopted 1987 Mayor Council Members ATTEST: City Clerk Regular Session, December 1, 1986 ~ ORDINANCE NO. 94-86 AN ORDINANCE OF THE CITY OF 0~:[:[C[~L DUBUQUE, IOWA, PROVIDING Regular Session, December 1, 1986. THAT THE CODE OF ORDINANCES, Council met at 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Members Deich, Kronfeldt. Mayor Brady read the call and stated this meeting in the REGULAR MON- THLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. The Invocation was given by Rev. Ron Couch, Pastor of hmuanuel United Church of Christ. Council Member Manning moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Proof of publication, certified to by the publisher, on Notice of Public Hearing to reclassify property located west of J.F. Kennedy Road and one lot north of Foothill Road from OR to OS; Com- municatian of Our Redeemer Lutheran Church supporting the zoning proposal subject to some conditions, presented m~d read. Dick M~I~c of Our ~cdeem~r Lutheran Chm'eh addressed the Coun- cil and stated specific requests. Bob Klauer, owner of property and Bob Neuwoehner, developer of property, re- quested favorable zoning and respond- ed to specific queries. Council Member Simon moved that the proof and com- munication be received and filed. Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSI- FYING PROPERTY LOCATED WEST OF J.F. KENNEDY ROAD AND ONE ~ NORTH OF FOOTHILL ROAD ?ROM OR OFFICE RESIDENTIAL DISTRICT TO OS OFFICE SERVICE DISTRICT, said Ordinance having been presented at the meeting of November 17, 1986, presented for final adoption. Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Manning. Carried by vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, ORDINANCE NO. 94-86 kN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OtI~DI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF J.F. KENNEDY ROAD AND ()NE LOT NORTH OF FOOTHILL ROAD 423 Regular Sessio~ amendment has heretofore been approved by the Plai]ning and Zoning Colnmissim~ of the City of Dubuque, PASSED, ADOPTED AND APPI~OVED tiffs 1st day of Decem- ber, 3986. James E. Brady Mayor ATTEST: Mm'y A. Davis City Clerk Published officially in the Telega'aph Herald newspaper this 8th day of December, 1986. Mm'y A. Davis City Clerk It 12/8 Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider vacation and release of an 8 foot wide sanitary sewer easement in the proxir~ity of 3199 University, presented and read. There were no written objec- tions received and no oral objectors pre- sent at the time of the Heating. Coun- cfi Member Khiesner moved that the proof o~ publication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich Kronfeldt. RESOLUTION NO. 253-86 WHEREAS, pursuant to Resolutinn and published notice of time and place of hearing, posted in the Telegraph Herald, a newspaper of general circula- tion published on November 21, 1986 in the City of Dubuque, Iowa; the City Council of the City of Dubuque, Iowa, met on the 1st day of December, 1986 at 7:30 o'clock p.m. (in the Public Library Auditorium) to consider the vacation and release of an eight-foot wide sanitary sewer easement granted to the public relating and effecting Lot 2 of "Sara S. & Edward Barrels Place in Center Grove", in Mineral Lot 243 in the City of Dubuque, Iowa, all as shown on the plat flied January 16, 1970, in Book 34, page 102, 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 interest of the public that said Release and Vacation be granted and December 1, 1986 that said easement be abandoned to the proprietor. NOW, THEREFORE, be it resolved by the City Council of the City of Dubu- Section 1: That the proposal to vacate and release an eight-foot wide sanitary imate center of Lot 2 of "Sara S. & Ed- ward R. Barrels Place in Center Grove", in Mineral Lot 243 in the City of Dubu- the abandonment of said easement be to the proprietor and the same is hereby approved. Section 2: That the Mayor and City Clerk be and they are hereby empowered the releasing of said easement, including this Resolution, and the Mayor and Ci- ty Clerk are hereby empowered to cer- tify this Resolution. Section 3: Thee 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, Auditor Passed, adopted and approved this 1st day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by , Council Member Simon. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to provide for a text amendment in the Zoning Ordinance by deleting the tem- porary use of Asphalt or Concrete Batch Plants in the LI Light Industrial District, presented and read. Tbere were no written objections received. Dave Setter on behalf of Spahn & Rose Lumber Co. and Mike Coyle, on behalf of Flynn Co., spoke to the matter. Court- cil Member Kluesner moved that the proof of publication be received and fil- ed. Seconded by Council Member Man- ning. Carr ed by the £alinwing vote: Regular Session, December 1, 1986 Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Canncil Members Deich, Kronfeldt. AN ORDINANCE providing that the Code of Ordinances, be mnended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by repealing Section 3-4.1E (1) by deleting the temporary use of Asphalt Batch Plants in the LI Light Industrial District, said Ordinance having been previously presented and read at the Council meeting of November 17, 1986, presented for final adoption. Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Manning. Vote on the motinn was as follows: Yeas--None. Nays--Mayor Brady, Council Members Kluesner, Krleg, Manning, Simon. Absent--Council Member Dalch~ Kronfeldt. MOTION FAILED. Council Member Krieg moved that to refer this Ordinance back to the plann- ing and Zoning Commission for other alternatives. Seconded by Council Member Manning. Can, led by the follow- ing vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfaldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on intention to issue Industrial Develop- ment Revenue Bonds (Swiss Valley Farms Project), presented and read. There were no written objections receiv- ed and no oral objectors present at the ~ime of the Hearing. Council Member Kluesner 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 Khiesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. RESOLUTION NO. 254-86 RESOLUTION RATIFYING, CONFIRMING AND APPROVING PUBLICATION OF NOTICE OF PUBLIC HEARING AND RELATING TO HOLDING OF A PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $5,200,000 AGGREGATE PRINCIPAL AMOUNT OF FLOATING RATE WEEKLY DEMAND INDUSTRIAL DEVELOP- MENT REVENUE BONDS (SWISS VALLEY FARMS CO., INC. PROJECT) SERIES 1986, OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque, a municipal corporation of the State of Iowa (the "Issuer"), is authorized by Chapter 419 of the Iowa Code, as amend- ed (the "Act"), to issue revenue bonds for the purpose of defraying the cost of acquisition of land, buildings, im- provements and equipment suitable for use by the Company for its manufactur- ing, processing or assembling of agricultural or manufactured products (tbe "Project"), and to loan the proceeds from the sale of such revenue bonds, put- Valley Farms Co., Inc., an Illinois cor- potation (the "Borrower"), to be used for the aforesaid purposes; and WHEREAS, said Project will create additional employment opportunities for residents of the Issuer and the surroun- ding area; will enhance the tax base of the Issuer and overlapping taxing jurisdictions amt will provide and induce other public benefits flowing fi-om the conducting of increased industrial opera- tions which will add to the welfare and prosperity of the Issuer and its in- habitants; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $5,200,000 aggregate principal amount of Floating Rate Weekly Demand In- dustrial Development Revenue Bonds (Swiss Valley Farms Co., Inc. Project) Series 1986, of the Issuer has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other com- ments relating to such Bonds have been heard and it is deemed to be in the best interests of the Issuer that said Bonds 425 424 Regular Session, December 1, 1986 be issued as proposed; and NOW, THEREFORE, be it resolved by the City Council of the Issuer as follows: Section L That the action of the City Clerk, at the request of the Company, to set a public hearing on December 1, 1986 at 7:30 o'clock P.M.., before this City Council in the Public Library Auditorium in the City of Dubuque, Iowcs on the proposal to issue not to ex- ceed $5,200,000 in aggregate principal amount of the Issuer's Floating Rate Weekly Demand Industrial Develop- ment Revenue Bonds (Swiss Valley Farms Co., Inc. Project) Series 1986, shall be and hereby is ratified, confirm- ed and approved. Section 2. That the form of Notice of Public Hearing on Intention to issue the Bonds, which was published in the Telegraph-Herald on November 13, 1986, a legal newspaper published and having a general circulation within the Issuer, is hereby ratified, confirmed and approved. Section 3. That it is hereby determin- ed tkat it is necessary and advisable that tke Issuer proceed with the issuance of its Floating Rate Weekly Demand In- dustrial Development Revenue Bonds (Swiss Valley Farms Co., Inc. Project) Series 1986 (the "Bonds "), in an amount not to exceed $5,200,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Borrower all upon terms and condi- tions mutually satisfactory to the Issuer and the Borrower Section 4. Tkat at the public hearing conducted by this City Council, in acco~ dance with the provisions of Section 419.9 of the A ct and Section 147 (19 of the Internal Bevenue Code of 1986, as amended, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds. Section 5. That it is hereby determin- ed that any and all objections to the is- suance of said Bonds are hereby overrul- ed and this City Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonabie advance ru~tice from the Bo~ rower that satisfactory financing torres have been agreed upon with the propos- ed purchasers and the required documen- ration has been prepared by Bond Coun- scl, and approved by all other parties, including the Issuer's Attorney. Section 6. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said project and shall never constitute an indebtedness of the Issuer, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said Issuer, or a charge against its general credit or taxing powers. Section 7. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved December 1, 1986. City of Dubuque, Iowa James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. RESOLUTION NO. 255-86 RESOLUTION AUTHORIZING THE ISSUANCE OF $5,200,000 IN AG- GREGATE PRINCIPAL AMOUNT OF THE CITY OF DUBUQUE, IOWA, FLOATING RATE WEEKLY DE- MAND INDUSTRIAL DEVELOP- MENT REVENUE BONDS (SWISS VALLEY FARMS CO., INC. PRO- JECT), SERIES 1986, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO SWISS VALLEY FARMS, CO., INC., FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF TIlE COST OF THE ACQUISITION OF LAND, IMPROVEMENTS AND EQUIPMENT SUITABLE FOR USE BY THE COM- PANY FOR ITS MANUFACTURING, PROCESSING OR ASSEMBLING OF AND MANUFAC- TURED PRODUCTS; THE EXECU- TION AND DELIVERY OF AN 426 Regular Session, December 1, 1986 INDENTURE BY AND AMONG THE ISSUER AND THE TRUSTEE; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BY AND AMONG THE ISSUER AND THE COMPANY, ALL AS HEREINAFTER DEFINED; THE SALE OF SAID BONDS; THE USE OF AN OFFICIAL STATEMENT; APPOINTMENT OF THE TRUSTEE, THE INDEXING AGENT AND THE REMARKETING AGENT; AND RELATED MATTERS. WHEREAS, the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (the "Issuer"), proposes to issue its Floating Rate Weekly De- mand Industrial Development Revenue Bonds (Swiss Valley Farms, Co. Project) Series 1986, in the aggregate principal amount of $5,200,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loaned by the Issuer to Swiss Valley Farms, Co., an Illinois cor- poration (the "Company"), for the pur- pose of defraying the cost of acquisition of land, buildings, improvements and equipment suitable for use by the Com- pany for its manufacturing, processing or assembling of agricultural or manufactured products located at 3510 Central Avenue, Dubuque, Iowa (the "Project"), the Project to be owned and operated by the Company, with the financing of the Project to be under- taken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and WHEREAS, the Bonds are to be issued pursuant to provisions of this Resolution and an Indenture (the I - denture") dated as of December 1, 1986, between the Issuer and United States Trust Company of New York, New York, New York, as Trustee thereunder (the "Trustee"); and WHEREAS, the proceeds fi'om the sale of the Bonds are to be loaned by the Issuer of the Company pursuant to pro- visions of a Loan Agreement (the "Agreement") dated as of December 1, 1986, between the Issuer and the Com- pany; and WHEREAS, pursuant to the Loan Agreement, the Company will make payments in anmunts equal to the prin- cipal of, premium, if any, and interest on the Bonds, which payments will be assigned by the Issuer of the Trustee pursuant to the Indenture; and WHEREAS, as security for the payments of principal of and a certain of accrued interest on r has obtained an Irrevocable Letter of Credit (the "Let- ter of Credit") from Cooperatieve Cen- trale Ralffeisen-Boerenleenbank B.A. (the "Bank") in favor of the Trustee which authorizes the Trustee to request draws under the Letter of Credit in the amount necessary to pay the principal of and a certain nmnber of days of ac- interest on the Bonds; and WHEREAS, as additional security for payment of the Bond and the Com- pany's obligation s under the Letter of Credit and Reimbursement Agreement dated as of December 1, 1986 by and between tbe Bank and the Company, the Company has agreed to execute a Real Estate Mortgage and Security Agree- ment {the "Mortgage") dated as of December 1, 1986, between the Com- as the mortgagor, and the Trustee and the Bank, as the mortgagees, thereunder, pursuant to which the Com- pany grants and conveys to the Trustee and the Bank a first mortgage lien in the real estate described in the Mortgage and a first security interest in the fix- tures and improvements acquired with the proceeds of the Bond, subject to Per- mitted Encumbrances, as defined in the Loan Agreement and such other col- lateral as may be described therein; and WHEREAS, the rights and interest of the Issuer in and to the Agreement will be assigned by the Issuer to the Trustee pursuant to the Indenture; and WHEREAS, the Bonds will be pur- chased by E.F. Hutton & Co. Inc., Des Moines, Iowa {the "Underwriter"); and WHEREAS, there has been presented to tltls meeting the following documents, proposes to enter into: 1. The form of Agreement by and among the Issuer and the Company; and 2. Tbe form of Indenture between the Issuer and the Trustee setting for rix the terms of the Bonds including (without limitation) the maturity date or dates, or rates of interest and redemption provisions, and the conditions and security for payment of the Bonds; and 3. The form of Inducement Letter (the "Inducement Letter"), from the Com- pany, respectively, to the Issuer and the Underwriter; and 4. The form of a Preliminary Official Statement and final Official Statement relating to the Bonds (collectively refer- red to as the "Official Statement") us- ed by the Underwriter in the sale of the 427 Regular Session, December 1, 1986 Bonds; and 5. The form of Bond purchase Agree- ment (the "Bond Purchase Agreement") by and between the Underwriter, the Company and the Issuer relating to the issuance, sale and purchase of the Bonds; and 6. The form of Investment Restriction Agreement dated as of December 1, 1986 (the "Investment Restriction Agreement"), by and among the Issuer, the Company and the Trustee. 7. The form of the Bonds, as set forth in the Indenture; and 8. The form of Letter of Credit. WHEREAS, it appears that each of the instrmnent s above referred to, which are now each of the Council Mer~b?rs of the City Council of the Issuer, ~s ~n ap- propriate form and is an appropriate in- strument for the purposes intended; NOW, THEREFORE, be it resolved by the City Council of the Issuer as follows: Section 1. That the Issuer defray all or a portion of the cost of financing the acqulsition of land, buildings, im- provements and equipment suitable for use by the Company for its manufactu~ lng, processing or assembling of agricultural or manufactured products (~the "Proieet") by issuing the Bonds and aning ~the proceeds of the sale of the Bonds to the Company, which Project qualifies under the Act for financing with the proceeds of the Bonds and which Project will promote the health, safety, general welfare and prosperity of the inhabitants of the city in which the Project is located and surrounding eh- virons, and of the State of Iowa and otherwise promote the public purposes set forth in the Act. Section 2. That in order to finance the cost of the Project, the issuance of the Bonds in the aggregate principal amount of $5,200,000, maturing on such date or dates, in such amounts and bear- ing the rate or rates of interest as set forth in the Indenture with such initial rate of interest for tho first interest period to be approved, confirmed and certified by the Mayor and/or City Clerk at a rate not to exceed ten percent (10%) per annum, in substantially the form and content set forth in the Indenture now before this meeting, subject to ap- propriate insertion and revision in order to comp y with provisions of the Inden- ture, be and the same hereby are n all respects authorized, approved and con- and the form and content of the Bonds set forth in the Indenture now before this meeting be and the same hereby are in all respects authorized, ap- and the Mayor and/or City Clerk (the "Issuer Of- I are authorized, empowered and directed to execute, whether by manual or facsimile signatures, impress the of- the Issuer (or cause to have thereon and leliver for and on behalf of the Issuer the : to the Trustee forauthentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limitation the maturity date or dates, ntorest and redemption ,visions) be and the same hereby are I and ~re incorporated herein by reference. Section 3. That the Issuer loan to the Company, pursuant to the Agreement, to be used to finance all or a portion of the costs of the Project which Agree- ment provides for repayment by the Company of an amount equal to prin- clpal of, premium, if any, and interest on the Bonds when and as due and the form and content of the Agreement, the pro- visions of which are incorporated herein by reference, be and the same hereby are in ali respects authorized, approved and confirmed and the Issuer Officials be and they hereby are authorized, em- powered and directed to execute, attest, seal and deliver the Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the Issuer, including necessa~W counterparts in substantially the form and content now before this meeting but with such d~ar. ges, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute con- cluslve evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Agreement now before ~is meeting, and that from and after the raent, the t~saer Offir:i~I~ ~r. lwrch¥ authorized, empowered and directed to do all such acts and things and to ex- the provisions of the Agreement as Company of New York, New York, New Regular Session, December 1, 1986 York is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provisigns of which are incorporated herein by reference, which provisions include, but are, not limited to, the appointment of Bemarketing Agent and the assignment of the Issuer's rights and interest in and to the Agreement (with certain excep- tions as stated in the Indenture) be and the same hereby are in all respects authorized, approved and confirmed, and the Issuer Officials be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Indenture for and on behalf of the Issuer to the Trustee for the security of t!~e Bonds and the interest thereon, zn- eluding necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute con- clusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture now before this meeting, and that from and after the ex- ecution and delivery of the Indenture, the Issuer Officials are hereby authoriz- ed, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provb sions of the Indenture as executed. Section 5. That the sale of the Bonds to the Underwriter subject to the terms and conditions set forth in the Bond pur~ chase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bo nd Purchase Agreement be and the same hereby are authorized, approved ~ud ~l~, lii~d the Mayor and the City Clerk be, and they hereby are authorized, empowered and directed to accept and deliver to the Underwriter the Bond Purchase Agree- ment for and on behalf of the City, in- cluding necessary counterparts in substantially the form and content now before this meeting but with such necessary, desirable or appropriate, their execution thereof to constitute con- clusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Bond Purchase Agree- ment now before this meeting, and that and after the execution and ~elivery of the Bond Purchase Agree- ment, the Mayor and the CYty Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and corn- , with the provisions of the Bond Pu~ chase Agreement as executed. Section 6. That the purchase of the Bonds by the Underwriter at the pur- chase price of 98. 70% of the par value thereof is hereby authorized, approved and confirmed and the Issuer Officials are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out the sale of the Bonds to the Underwriter. Section 7. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Issuer Officials be, and they hereby are, authorized, em- powered and directed to accept the In- ducement Letter for and on behalf of the Issuer by execution thereof, including necessary counterparts in substantially the form and content now before this meeting but with such changes. modifications, additions or deletions as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Inducement Letter now before this meeting, and that from and after the ex- ecution and delivery of the Inducement Letter, the Issuer Officials are hereby authorized, empowered and directed to do all such ac~s and things and to ex- ecute all such documents as may be necessary to carry out and comply_ with Section 8. That the form and content of the Investment ~estriction Agree- ment be and the same hereby are authorized, approved and confirmed and the Issuer Officials be, and they hereby are, authorized, empowered and directed and on behalf of the Issuer, incluamg the form and content now before this modifications, additions or deletions 429 Regular Session, December 1, 1986 thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the before this meeting, and that from and after the execution and delivery of the Investment Restriction Agreement, the Issuer Officials are hereby authorized, empowered and directed to do all such acts and things and to execute all such out and comply with the provisions of the Investment Restriction Agreement Section 9. That the Issuer Officials of the Issuer be and they hereby are authorized to execute and deliver for and on behalf of the Issuer any and al! a.ddi- or other papers and perform all other acts (including without limitation and filing of I.R.S. Form 8038, and the filing of financing statements, if any, or any a security interest on the properties and revenues pledged or assigned under the Indenture and the Agreement and the execution of all closing documents as may be required by Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, as Bond Counsel, and the acceptance of any documentation evidencing indemnifica- tion of the Issuer by the Company ~n templated hereby) as they may deem plement and carry out the intent and purposes of this Resolution. Section 10. That the Agreement quires the Company in each yeaqr to pay amounts of principal of, premium, if any, due, and the payment of such amounts by the Company to the Trustee pursuant to the Ag_reemfnt is. h~r~Oy authorized, Section 11. That the Bonds are limited obligations of the Issuer payable solely out of the Bond proceeds, amounts re- auired to be paid by the Company pu~ sions of the Agreement, and to the ex- tent of principal and a certain number of days of accrued interest, from draws by the Trustee under the Letter of Credit, and, as further provided in the Indenture, and are secured pursuant to and in accordance with provisions of the Indenture, the Mortgage and the Letter of Credit. The Bonds and interest debtedness o for a charge either against the Issuer, the State of lowa or any sub- division thereof, within the meaning of any constitutional or statutory debt limit, or against the general credit or tax- ing powers of the Issuer. Section 12. That the use by the Under- writer of the Official Statement in con- nection with the sale of the Bonds is hereby authorized and approved; provid- ed, such authorization and approval shall not be deemed to include authoriza- tion and approval of information con- ~alned in the Official Statement other than information contained under the caption THE ISSUER but nothing contained in this Resolution shall be con- strued as prohibiting or limiting the Underwriter and the Company from in- cluding such information as they deem appropriate. Section 13. That the Issuer hereby elects to have the provisions as to the exempt small business limitation of $10,000,0~0 under Section 144 (a) (4) (A) of the Code, apply to the Bond, and the Mayor or the City Clerk are hereby directed to file or cause to be filed an ap- statement relating to such election with the Internal Revenue Service. Section 14. That the provisions of this Resolution are hereby to be separ, a~le and if any section, phrase or prowszon shall for any reason be declared to be in- valid, such declaration shall not affect the validity of the remainder of the sec- tions, phrases or provisions. Section 15. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such con- ~ict, hereby repealed and this R~olu~on shall be in full ~orce aha etie~ ~' mediately upon its adoption. Adopted and approved this 1st day of City of Dubuque, iowa James E, Brady Mayor Mary A. Davis City Clerk Council Member Kluesner moved adoption ot the Resolution. Seconded by Council Member Manning, Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Manning, Simon. Regular Session, December 1, 1986 Absent--Council Members Deich, Kronfeldt. Communication of Assistant City torney O'Brian requesting approval of Indemnity Agreement with Swiss Valley Farms and authorizing the Mayor and City Clerk to execute the Agreement, presented and read. Council Member Kinesner 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, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. RESOLUTION NO. 256-86 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDEMNITY AGREEMENT BY AND BETWEEN SWISS VALLEY FARMS CO., INC. AND THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque, a municipal corporation of the State Iowa (City), has been requested to in- demnify Swiss Valley Farms Co., Inc. (Swiss Valley) for any costs it may have to expend as a result of judgments and inheritance tax ]~ens wl~ch appear in the abstract of title to certain real estate, which is the subject matter of an agree- ment between the City and Swiss Valley, all as more fully set forth in the Indemnity Agreement attached hereto; and WHEREAS, the City is required by agreement to provide Swiss Valley with WHEREAS, Swiss Valley has raised City of Dubuque, Iowa James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by · the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Communication of City Manager sub- documents providing for the Construction of Offices for the Transit Garage Operations, presented and read. Council Member Kluesnor moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Dalch, Kronfeldt. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 257-86 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated ~ for the Construction of Offices for the Transit Garage Operation, in the estimated amount o~ $130,000.00, are hereby approved and ordered filed in the office of the City Clerk for public Passed, adopted and approved this day of December, 1986. Jam~s E. Brady Mayo~ ATTEST: Mary A. Davis City Clerk adoption of the Resolution. Seconded by Council Member Manrdng. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krieg, Manning, Simon. Nays--None. 431 Regular Session, December 1, 1986 Absent--Council Members Deich, Kronfeldt. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 258-86 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice o£ the City Clerk for public inspec- tion of the Construction of Offices for the Transit Garage Operation. NOW, THEREFORE, BE IT RESOLVED that on the 5th day of January, 1987, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its con- sideration. At the hearing, any in- terested person may appear and file ob- jections to the proposed plans, specifica- tions, contract, or estimated cost of the improvement. Passed, adopted and approved this 1st day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. ORDERING BIDS RESOLUTION NO. 259-86 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Construction of Offices for the Transit Garage Operations is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accom- pony 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 Dubu- que, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 18th day of December, 1986. Bids shall be opened and read by the City Clerk at said time and will be ~ubmitted to the Council for final action at 7:30 p.m. on the 5th day of January, 1987. Passed, adopted and approved this 1st day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member I~luesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by ;he following vote: Yeas--Mayor Brady, Council Members Kluesner, Kriag, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Petition of Ruth Nash requesting to address the Council regarding the development of "Bed and Breakfast" facilities in the community, presented and read. Council Member Sin~on mov- ed that the petition be received and fil- ed and referred to the Planning and Zon- lng Commission. Seconded by Council Member Ktieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Copies of communications fi'om cities of Centralia, Holy Cross, and Sherrill 432 Regular Session, December 1, 1986 requesting repeal of Local Sales and Ser- vices Tax, AND Communication of Ci- ty Manager submitting Resolution pro- viding for repeal of Local Option Sales Tax, presented and read. Council Member Simon moved that the communications be received and ill- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfaldt. RESOLUTION NO. 260-86 RESOLUTION CALLING AN ELECTION ON THE REPEAL OF A LOCAL SALES AND SERVICES TAX IMPOSED IN SOME AREAS OF DUBUQUE COENTY, IOWA. WHEREAS, on November 4, 1986, at the regular general election there was a proposition relating to the imposition of a local sales and services tax in the amount of 1% throughout Dubuque County, Iowa; and WHEREAS, the said tax was passed in Dubuque County, Iowa, and in the communities of B alltown, Centralla, Ho- ly Cross and Sherrili; and WHEREAS, the local option sales and services tax would have proved beneficial to each of the communities had it also passed in the City of Dubu- que; and WHEREAS, the City Council of Dubuque, Iowa, has been requested by representatives of those communities to assist them in calling for an election on the repeal of the local sales and services tax in their communities; and WHEREAS, pursuant to Chapter 422B, Code of Iowa, 1985 Supplement, an election may be had respecting l~epeal upon filing witii the County Commis- sioner of Elections motions requesting such, adopted by the governing bodies within Dubuque County, Iowa, represen- ting at least one-half of the population of the County; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the County Commis- sioner of Elections of Dubuque County is hereby directed to give notice of and conduct at the earliest opportunity a special election for the purpose of ~ubmitting to the voters of the cities of Balltown, Centralia, Hol~ Cross and Sherrill, Iowa, the followingf~roposi~ion: "To authorize the repeal of the local s and service tax to be effective March 31, 1986." Section 2. That the City Clerk is authorized and directed to provide a cer- Hfled copy of this resolution to the Coun- ty Commissioner of Elections of Dubu- que County and to the County Board of Supervisors of Dubuque County. Section 3. That the City Council of Dubuque, Iowa, in adopting this resolu- ~ion does under the condition that such adoption does not prejudice the right of ~he city of Dubuque to petition the Dubuque County Commissioner of Elec- tions and the Dubuque County Super- visors to call another election on the im~ position ora local sales and services tax at a date yet to be determined. Passed, approved and adopted this 1st day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk City of Dubuque, Iowa Council Member Krieg moved adop- the Resolution. Seconded by Council Member Manning. Carried by tixe following vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfaldt. Communication of City Manager re- ; to declare the repairs to the Ice Harbor Floodwall Gates as an emergen- cy repair project AND Communication of IIW Associates, Inc. recommending a contract be awarded to States Con- struction and Notices to Proceed be issued as soon as possible to expedite repairs on Floadwall Gates, presented and read. Council Member Krieg mov- ed that the communications be receiv- ed and filed. Seconded by Council Member Manning. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. 433 Regular Session, December 1, 1986 Absent--Council Members Deich, Kronfaldt. RESOLUTION NO. 261-86 WHEREAS, the north side of the Ice Harbor floodwall gate structure was damaged on October 22, 1986; and WHEREAS, it is necessary for the Ci- ty to enter into a contract for repairing the damage; and WHEREAS, it is necessary that the repair work be initiated prior to freez- ing of the Mississippi River, and nmst be completed by March 15, 1987 to be ready for the 1987 spring floods. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the delay of public advertising and a public letting could cause serious loss or injury to che C/ty. Section 2. That the City Council deems the emergency repair of the Ice Harbor gate structure to be advisable and necessary for the public welfare. Section 3. That the City Manager is hereby authorized and directed to enter into a contract with States Construction Company of Des Moines, Iowa in the amount of $31,333.00 for the necessary repairs. Passed, approved and adopted this let day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Councit Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfaldt. Communication of City Manager sub- mittlng Ordinance to formally record slx Parks and Recreation tvaciliti~ City Code of Ordinances, presented and Council Member Kluesner moved that the communlcatinn be received and fib ed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. An ORDINANCE Amending the Code of Ordinances by enacting new Sections 27-116 through 27-121 thereof providing for the designation of certain Park and Recreation areas (Madison Park, Louis Murphy Park, Veterans Memorial park, Eagle Point Park and Ham House Museum, Bunker Hill Gall Course and Municipal Swimming Peal), presented and read. Council Member Kluesner moved that this be the first reading of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Communication of City Manager sub- matting two Ordinances to name a Street on Schmitt Memorial Island as Shanley and the other to authorize the erection of a "Yield" sign at the intersection of Shaniey Drive and Admiral Sheehy Drive, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Simon. Nays--Council Members Kluesner, Krieg, Manning. Absent--Council Members Deich, MOTION FAILED. An ORDINANCE Amending the Code of Ordinances by adding a new Yield intersection to subsection (3) of Section 25-212 thereof providing for traffic eastbound on Shanley Drive to ylald before entering the intersection with Admiral Sh~chy Drive. wesented and read. Council Member Simon mov- ed that this be considered the first reading of the Ordinance. Seconded by Council Member Kluesner. Vote on tbe motion was as follows: Yeas--Mayor Brady, Council Member Simon. 434 Regular Session, December 1, 1986 Nays--Council Members Khiesner, Krieg, Manning. Absent--Council Members Deich, Kronfaldt. MOTION FAILED. An ORDINANCE Amending the Code of Ordinances by adding a new Yield Intersection to Subsection (3) of Section 25-21:2 thereof providing for traffic eastbound on Shanley Drive to yield before entering its intersection with Admiral Sheehy Drive, presented and read. Council Member Simon mov- ed that this be considered the first reading of the Ordinance. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Simon. Nays--Council Members Khiesner, Krleg, Manning. Absent--Council Members Deich, Kronfaldt. MOTION FAILED. Council Member Krieg moved to reconsider the above ~notions. Second- ed by Council Member Marning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Dalch, Kronfaldt. Communication of City Manager sub- matting two Ordinances to name a street on Schmitt Memorial Island as Sharley and the other to authorize the erection of a "Yield" sign at the intersection of Shaniey Drive and Admiral Sheehy Drive AND an ORDINANCE Amen- ding the Code of Ordinances by adding a new Yield Intersection to subsection (3) of Section 25-212 thereo~ providing for traffic eastbound on Shanley Drive to yield before entering its intersection with Ad~niral Sheehy Drive, presented and read. Council Member Kluesner moved that the communication be received and filed and that this be con- aldered the first reading of the Or- dinance. Seconded by Council Member Manning. Carried by- the fallowing vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Dalch, Kronfeldt. Council Member Krieg moved that they table the ORDINANCE Naming treet running westerly and souther- ly from Admiral Sheehy Drive as Shanley Drive. Seconded by Council Member Manning. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Klansner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfaldt. Petition of Executive Director of Substance Abuse Services Center re- questing Council appoint Mr. Pat Quinn as a Board Member of Substance Abuse Services Center, presented and read. Council Member Manning moved that the petition be received and filed and Council concur with their appointment of Pat Quinn. Seconded by Council Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Kluesner, Manning, Simon. Nays--Canncil Member Krieg. Absent--Council Members Deich, Kronfeldt. RESOLUTION NO. 262-86 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 in- spected and found to comply with the State Law and all City Ordinances tale- vant thereto and they have filed proper bonds; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause ~o be issued to the following named appli- cant(s) a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Benevolent & Protective 2699 J.F.K. Order of Elks #297 (Also Sunday Sales) New French Cafe 255 West 6th St. New French Cafe Passed, adopted end approved this 1st 435 Regular Session, December 1, 1986 day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resalution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kronfeldt. MINUTES SUBMITTED: Airport Commission of 11-4; Cable TV Regulatory Meeting of 11-12; Dock Commission of 11-18; Dubuque In- Futuro, Inc. Board of Directors of 7-25 & 11-13; Electrical Examining Board of 11-12; Housing Code Review Committee of 10-22, 10-29, & 11-5; Park and Recrea- tion Commission of 11-6; Dubuque Tran- sit Trustee Board of 11-13; Zoning Board of Adjustment of 10-23 & 11-3; Fire Retirement Board of 11-25, presented and read. Council Member Manning moved that the minutes be received and flied. Seconded by Council Member Kluesner. Carded by the follow- ing vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Kronfeldt, NOTICES OF CLAIMS AND SUITS: Ronald Coates, in amt. of $24 for property damagce; Robert Donner in amt. of $276 for car damages; M.D. & Betty Guenther, in amt. of $18.20 for car dtunages; Tholnas Schlueter, in amt. of $33 for ~ar damages: Marion E. Walsh in est. amt. of 52000 for backed-up sewer damages, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for invesl,iga;mn and report. Seconded by Council Member tiioesaer Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. REFUNDS REQUESTED: Nites of the Square Table Inc. $150 on unexpired Beer Permit: Church of the Nativity, ;253.12 on unexpired Beer-Wine- License, presented and read. Council Member Manning moved that the ~pproved and Finance Direc- tor to issue the proper checks. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. ~.bsent--Councll Members Deich, Iowa DOT advising of "Dismissal" in matter of the condemnation of cer- tain rights in land by the Iowa Depart- ment of Transportation for the improve- ment of Primary Road U.S. 61 in the Ci- ty of Dubuque, presented and read. Council Member Manning moved that the notification be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absant--Counall Members Deich, Kronfeldt. Communication of Stephen Hardie, President of Hardie Advertising, Inc. advising of their intent to remove seven of their units now in place on Hill Street by April 1, 1987, presented and read. Council Member Manning 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, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfaldt. Communication of Director of Com- munlty Plarming and Development Divi- 1986, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- 436 Regular Session bers Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Connnunication of City Manager sub- mitting Resolution authorizing the ill- lng with the Dept. of HUD of a request for releases of Community Development Block Funds for various projects (Residential Rehabilitation Loan and Grant Program, Emergency Home Repair Program, Tool Lending Library Program, Property Acqulsition/Reloca- tian~Demolltion Projects, Housing Code Enforcement, Commercial/Industrial Loan participation, Economic Develop- ment Activities), presented and read. Council Member Manning moved that the communication be received and ill- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Dalch Kronfaldt. RESOLUTION NO. 263-86 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PROJECTS. WHEREAS, the City of Dubuque convened an ad hoc committee on June 28, 1976 which completed an Eh- vironmental Assessment of the follow- ing projects to be funded in the Com- munity Development Block Grant: Residential Rehabilitation Loan and Grant Pcogram in Coramunity Develop- ment Project Areas; Emergency Home ttepair in Gore munity Development Project Areas; Toal Lending Library sponsored by Washington Tool Library~ Inc., a non- profit carporation; Property Acquisition/Reloca- tionlDemolition Projects; and WHEREAS. pursuant to Resolution No. 240 76 adopted July 6, 1976 Public Notice of a "Finding of No Significm~t Effect on the Environment" for the pro- jects above was published on July 7, 1976, in the Dubuque Telegraph Herald, and provided for a public comment period until 12:00 noon, Friday, July 30, 1976, and notice of opportunity to December 1, 1986 review the projects was published on November 18, 1986 in the Dubuque Telegraph Herald and provided for a public comment period until 12:00 noon, December 5, 1986; and WHEREAS, the City of Dubuque convened an ad hoc committee on June 15, 1982 which completed an En- vironmental Assessment of the follow- ing project to be funded in the Com- munity Development Block Grant; Commercial/Industrial Loan Par- ticipation; 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 18, 1986 in the Dubuque Telegraph Herald and provided for a public comment period until 12:00 noon, December 5, 1986; and WHEREAS, the City of Dubuque :onvened an ad hoc committee on July 30, 1982 which completed an En- vironmental Assessment of the follow- ing project to be funded in the Com- munity Development Block Grant: 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 Telegraph Herald and provided for a public comment period nutS112:00 noon, Friday, August 20, 1982 and notice of opportunity ~o review the projec~ was published on November 18, 1986 in the Dubuque Talegraph Herald and provid- ad for a public comment period until 12:00 noon, December 5 1986: WHEREAS, Public Notice of a "Fin- ding of No Significant Effect on the En- vironment'' for the projects wa~s sent by 437 Regular Session dnly considered; and WHEREAS, it is the intent of the Ci- ty Council to authorize the suhinission 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. THERFORE, BE IT RESOLVED BY THE CITY COUN- C~L OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Environmental Review Board for each of the projects shall continue to remain on file in the Of- fice of the City Clerk, where said records may be examined and copied by any in- terested party. Section 2. That the Mayor of the Ci- ty 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 receipt from HUD of approved application for Calen- dar Year 1987Block Grant funds, a re- quest for release of funds to undertake the said projects. Section 3. That the Mayor of the Ci- ty of Dubuque is hereby authorized to sible Federal official under the National Environmental Protection Act, insofar as the provisions of tke said Act apply to the U.S. Department of Housing and Urban Development's responsibilities for review, decision-making, and action assumed and carried out by the City of Section 4. That the Mayor of the Ci- ty of Dubuque is hereby authorized to consent personally, in his official capaci- ty and on behalf of the City of Dubuque, to accept the jurisdiction of tke federal courts if an action is brought to enforce responsibilities in relation to en- vironmental reviews, decision-making and action. Section 5. That the Mayor of the Ci- ty of Dubuque be and he is hereby authorized and directed to execute a ee~ tification pertaining to the environmen- tal review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification at- tached hereto and made a part hereof Passed, approved and adopted this 1st day of December, 1986. James E. Brady December 1, 1986 Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by .he following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Communication of Corporation Counsel advising of dismissal, in District Court, of the Paula Post Selchert, et al vs. State of Iowa, et. al. suit, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Petition of Delos Dorweiler requesting to extend the OS Zoning of 2095 Ken- nedy Road to include 3315 Foothill Road and 2105 Kennedy Road, presented and read. Council Member Manning moved that the petition be received and filed and referred to the planning and Zon- ing Commission. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Communication of Keith A. Shaw, M.D. submitting his resignation from the C6-Directership of the Dubuque Fire Department Ambulance Service effec- tive 1-1-87, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Manning, Simon. Nays--None. 438 i Regular Session, December 1, 1986 Absent--Council Members Deich, Kronfeldt. petition of Randall Stecher requesting to rename the former section of U.S. Highway 52 from Rockdale Road to pre- sent Highway 61 to "Twin Valley Drive" AND Communication of Dubu- que County Road Name Advisory Com- mittee requesting Council to grant the request of Mr. Randall Stecher, presented and read. Council Member Manning moved that the petition and communication be received and filed and matter referred to the Staff for im- plementation. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Communication of City Manager sub- mitting Resolution providing for the adoption of Supplement No. 28, presented and read. Council Member Manning moved that the communica- tion be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. RESOLUTION NO. 264-86 ADOPTING SUPPLEMENT NO. 28 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, under date of November 17, 1986 the City Council, pursuant to Ordinance 93-86, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including April 21, 1986; and WHEREAS, since April 21, 1986 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances and WHEREAS, Section 380.8 of the Code of Iowa provides that sup- plemente, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 28 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Duhaque, Iowa from April 21, 1986 through August 18, 1986, prepared by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of December, 1986. James E. Brady Mayor ~ST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfaldt. Communications of Corporation Counsel recommending denials of the following claims: Kendall Day for pro- perty damage; Alice Eberhart for pro- perty damage; Charles Ellis for proper- ty damage; Timothy Furry for proper- ty damage; James Kemp for property damage; Paul Mootz for property damage; Gerald Muller for property damage; Donald Remakel for sewer back-up damages; Brian Schlarmann for · damage; Erwin Vierkeant for damage; Leroy Weidemann for property damage, presented and read. Council Member Manning moved that the communications be received and fli- ed and approved denials. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Ktieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. 439 Regular Session December 1, 1986 Communications of Corporation Counsel recommending settlements of the following claims: Carol Ernst for tar damage in amount of $14.04; Bruce Kel- ly for property damage in amount of $96.88; Margaret Rizzo for tar damage in amt. of $15.60; Jan Sweeney for tar damage in amt. of $20.80, presented and read. Council Member Manning moved that the communication be received and filed and approve settlements. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfaldt. Communicatinn of City Manager questing approval to assume ownership of a waterline servicing 612 Peru Road in order to proceed with the acquisition of a piece of property associated with vacation of Brunswick St. (Elbow St.), presented and read. Council Member Manning moved that the communica- tion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members t~luesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich Kronfeldt. RESOLUTION NO. 265-86 ACCEPTANCE OF OWNERSHIP OF A WATERLINE FROM 3141 BRUNSWICK STREET TO 612 PERU ROAD WHEREAS, The City Council by Resolution No. 328-85 approved the closing of Brunswick Street from Elbow Street to Peru Road and further authorized the City Manager to proceed with the acquisition of properties con- tiguous to Brunswick Street from Elbow Street to Peru Road and clearing the sites of the buildings; and WHEREAS, there is a vacant lot 158 of Belmont Addition bordering Brunswick Street that has to be ac- quired in order to proceed with the ceca- tion of Brunswick Street; and WHEREAS, crossing lot 158 is a water service to property located on lot 162 of Belmont Addition, or identified further as 612 Peru Road; and WHEREAS, the property owner of lot 162 is also property owner of lot 158 and is currently the owner of the existing water service line from 3141 Brunswick Street to his property at 612 Peru Road; and WHEREAS, as part of the negotia- tions for acquisition of lot 158 the pro- petty owner is desirous of transferring ownership and rights of mdintenance responsibilities of the water service line to the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the City of Dubuque, Iowa assumes ownership of the 1" cop- per water line from 3141 Brunswick Street to property located at lo t 162 Bel- mont Addition or 612 Peru Road. Section 2. That ownership of this water line will be assumed on delivery of a Quit Claim Deed from the property owner to the City of Dubuque, lowa. Passed, approved and adopted this 1st day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by tlie following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Communlcatinn of City Manager sub- mittlng response regarding request from Gerald Swift, 1777 Old Mill Road for Ct- ty sanitary sewer service, presented and read. Council Member Manning moved that tile communicatinn be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Si~non. Nays--None. Absent--Council Members Deich, Kronfeldt. Communication of Attorney Robert M. Bertsch, on behalf of Thermolyne Corporation, advising of their intent to 440 Regular Session exercise its option to purchase the pro- perty described in the Agreement at- tached to Resolutinn No. 121-78 and amended by Resolution No. 75-82, presented and read. Council Member Manning moved that the communica- tlon be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt, RESOLUTION NO. 266-86 EXERCISING OF OPTION AGREEMENT BY THERMOLYNE CORPORATION WHEREAS, the Thermolyne Cor- poration ("Thermolyne") on November 19, 1986 has notified the City of its in- tention to purchase the following described property, Lot 1 of Block 2 in"River Front Sub- division No. 3" in the City of Dubuque, Iowa and WHEREAS, by Resolution No. 121-78 adopted April 17, 1978 the City Council approved an Option Agreement with Thermolyne which agreement pro- vided for the sale of the above describ- ed real estate totalling $5.27 acres at a sales price of $5,000/acre for a total sales price of $28,600.00; and WHEREAS, the option agreement has provisions that upon one year notice by the City that "Thermolyne" would have one year to exercise its option; and WHEREAS, communications was directed to "Thermolyne" dated January 14, 1986 as notification of Ct- ty's plans of disposition o£ the proper- ty and notifying "Thermolyne" of the commencement of the one year period for exercising the option; and WHEREAS, Section 4 of the option agreement associated with Resolution No. 121-78 provided as follows: "Section 4. That in the event the op- tion to purchase provided for in this Agreement is exercised by the optionee, the optlonee agrees to commence con- struction of a plant within one (1) year from the date of delivery of deed, and fur ther agrees to complete the construction within two (2) years of delivery of deed" and WHEREAS, by Resolution No. 75-82 December 1, 1986 Section 4 the 1978 option agreement was amended and a new Section A was adopted in lieu therof, as follows: "Section 4. Tkat in the event the op- tion to purchase provided for in this Agreement is exercised by optionee, the optionee agrees to commence improve~ ment of the property within one (1) year from the date of delivery of deed, it be- lng understood that such improvement may consist of construcSon of industrial facilities, or of other facilities, including parking facilities, nece, ssary to support expansion of optionee s manufacturing plant on adjacent property." NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That a Quit Claim Deed be delivered to the "Thermolyne" in acco~ dance with option attached to Resolu- tion No. 121-78. Section 2. That the City of Dubuque reserves all easernents for sewer, water and utilities and the City reserves an easement for the location and maintenance of such utilities together with the right of ingress therein and egress therefrom for the purpose of repairing and maintenance of said Section 3. That the City Clerk be and she is hereby directed and authorized to deliver a Deed of Conveyance conveying the above described real estate to the above named party upon receipt of put- chase price in full. Section 4. That the City Clerk be and she is hereby authorized and directed to record the certified copy of this resolu- tion in the office of the City Assessor, Dubuque County Recorder and Dubu- ique County Treasuren Passed, approved and adopted this 1st day of December, 1986. ,James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by tixe following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Manning, Simon. Nays--None. Absent--Council Members Deich, 441 Kronfeldt. Communication of City Manager sub- mitring recommended street construc- tion program for the next five year period, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members gluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. RESOLUTION NO. 267-86 RESOLUTION APPROVING A TENTATIVE FIVE YEAR STREET CONSTRUCTION PROGRAM AND SUBMITTING SAME TO THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, there has been prepared a tentative street construction program for fiscal year 1987 throught 1991; and WHEREAS, said construction pro- gram must be filed with the Iowa Department of Transportation by December 1, 1986 for the purpose of allocating Road Use Tax Funds to municipalities; and WHEREAS, this Council has review- ed the tentative street construction pro- gram as submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa. Section 1. That the tentative five year street construction program for fiscal years 1987 throught 1991 be and the same is hereby approved, and the Mayor is hereby authorized and directed to sign this resolution. Section 2. That the City Manager is hereby authorized and directed to for- ward the required documents relating to the five year street construction pro- gram to the Iowa Department of ~¥ansportation. Passed, approved and adopted this 1st day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Regular Session, December 1, 1986 uncil Member Klueaner. Carried by Yeas--Mayor Brady, Council VIembers Kluesner, Krieg, Manning, Simon. Nays--None. ~.bsent--Council Members Deich, At 9:34 P.M. Council Member ~r moved to go into Closed See- n in accordance with Chapter 91.5 1 (c) to discuss strategy with Counsel in presently in litigation. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Nays--None. Absent--Council Members Deich, Council reconvened at 9:40 P.M. Council Member Manning moved that ;he following settlement proposals in the Water and Wastewater cases be approv- ed and that the Corporation Counsel be authorized to sign the necessary releases and associated documents in connection with these settlement proposals: 1. In the water case, settlement with Honeywell, J.P. Cullen, Waldinger Contractors) for the sum of $50,000. 2. Settlement with Westphalin the Water case (both Phase I m~d Phase III for the total sum of $25,000.3. Set- tlemant with Peabody-Barnes in the Waste Water case for the total sum of $15,000. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Manning, Nays--None. Absent--Council Members Deich, Kronfeldt. There being no further business. Coun- cil Member Manning moved that the meeting adjourn. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Erieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. Meeting adjourned at 9:45 P.M. 442 Regular Session, December 1, 1986 Mary A. Davis City Clerk Approved 1987 Adopted - -- 1987 Mayor Council Members ATTEST: City Clerk 443 Regular Sessior CITY COUNCIL OFFICIAL Regular Session, December 15, 1986. Council met at 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. Mayor Brady called the meeting to order and stated this session is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Les Maloney, Minister of the Church of Christ. Communication of City Manager recommending to set a Public Heoxing regarding change in ~corded security in- terests to accommodate agreements bet- ween FDL Foods, Inc. and Iowa DOT, presented and read. Council Member Kluesner moved that the communication be received and ill- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 268-86 A RESOLUTION DECLARING THE INTENT OF TIlE CITY OF DUBUQUE, IOWA, TO DISPOSE OF INTERESTS IN CERTAIN REAL ESTATE. WHEREAS, FDL Foods, Inc. ex- ecuted and delivered a Real Estate Mor- tgage to the City of Dubuque, Iowa, ill- ed December 9, 1982, as Instrument No. 6742-82, and a Financing Statement ill- ed December 9, 1982, as Instrument No. 6743-82, both in connection with UDAG Grant Agreement, UDAG Grant Number B-81-AA-19-0016(4); and WHEREAS, Lot I of Block 2 & Lot i of Block 5, Dubuque Packing Com- pany Addition; Lot 2 of Lot 2 of River- front Subdivision No.4; Lots 469, 470, & 471 of East Dubuque Addition No. 2 in the City of Dubuque, Dubuque Court- ty, Iowa, were among the real estate parcels described in said Mortgage and Financing Statement; and WHEREAS, FDL Foods, Inc. has entered into a Partial Acquisition December 15, 1986 Contract with Iowa Department of Transportation for right-of-way acquisi- ;ion for U.S. Highway 61, Project No. F-61-8(22)--20-31, filed in the Office of the Dubuque County Recorder on November 20, 1986, as Instrument No. 11232-86; and WHEREAS, those portions of the following: Lot 1 of Block 2 & Lot 1 of Block 5, Dubuque Packing Company Addition; Lot 2 of Lot 2 of Riverfront Subdivision No. 4; Lots 469, 470, & 471 of East Dubuque Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, designated for right-of-way ac- quisition in the drawings attached to the Iowa Department of Transportation Partial Acquisition Contract filed November 20, 1986, as Instrument No. 11232-86, are to be conveyed by FDL Foods, Inc., to Iowa Department of Transportation in consumnmtion of said partial Acquisition Contract; and WHEREAS, the liens of the City of Dubuque on the property to be conveyed to Iowa Department of Transportation need to be released to expedite con- veyance; and WHEREAS, said disposition of in- retest in real estate is supported by good and sufficient consideration; and WHEREAS, execution of a Partial Release of Real Estate Mortgage and a Partial Release of Financing Statement on behalf of the City of Dubuque is determined to be in the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. It is the intent of the City Council of the C~ty of Dubuque, Iowa, to release the liens arising out of a Mo~ tgage filed December 9, 1982, as Instru- ment No. 6742~2, and a Financing State- ment filed December g, 1982, as Instru- ment No. 6743~2, as to the following described real estate located in the City of Dubuque, Iowa only: Those portions of the folio wing: Lo t I of Block 2 & Lot 1 of Block 5, Dubuque Packing Company Addition; Lot 2 of Lot 2 of Riverfront Subdivision No. 4; Lots 469, 470, & 471 of East Dubuque Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, designated for right-of-way acquisition in the drawings attached to tke Iowa Department of Transportation PartialAcquiaition Con- tract filed November 20, 1986, as Instru- ment No. 11232~6. 444 Regular Session, Section 2. That the City Clerk is hereby directed to give notice in the manner required by law ofa public hear lng to be held on January 5, 1987, at 7:30 P.M. in the Public Library Auditorium, 11th and Locust Streets, in the City of Dubuque, Iow~ at which time and place all interested parties will be given an op- portunity to be heard for or against the proposal to dispose of the real estate in- terests herein described. Passed, adopted and approved this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of planning and Zon- lng Commission approving rezoning of property located at 3100 Raven Oaks Drive from PR to R-4 Multi-Family Residential District, presented and read. Council Member YAuesner moved that the communication be received and fib ed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending the Code of Ordinances by revising Appen- dix A thereof by reclassifying property at 3100 Raven Oaks Drive from PR Planned Residential District to R-4 Multi-Family Residential District presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Or- dinance be considered and voted on for passage at two councli meetings prior to the meeting at which it is to be finally adopted be suspended and further mov- ed that a Public Hearing be held on the proposed Ordinance on the 5th day of January, 1987 at 7:30 p.m. in the Pubfic Library Auditorium and that the City Clerk be instructed to publish notice in the manner prescribed by law. Second- ~ecember 15, 1986 ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving reclassifica- tion of property owned by Key Gate Center and Trausch Realty, located at the northwest corner of the junction of Highway 52, 61 and 151 from AG Agriculture to C-3 General Commercial District, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending the Code of Ordinances by revising Appen- dix A thereof by reclassifying property at the northwest corner of the junction of Highways 52, 61 and 151 from AG Agriculture to C-3 General Commercial District, presented and read. Council Member Kluesner moved that his be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered md 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 5th day of January, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Ie. ronfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving zoning reclassification and Conceptual Develop- ment Plan Approval for property south of Asbury Road, north of Dana Drive and east of Southway Drive from R-4 and OR to PC as requested by DuTrac Community Credit Union, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member 445 Regular Session, December 15, 1986 Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending Zoning Ordinance by reclassifying property located south of Asbury Road, north of Dana Drive and east of Southway Drive from R-4 Multi-Family Residential District and OR Office Residential District to PC planned Commercial District, 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 that a Public Hear- lng be held on the proposed Ordinance on the 5th day of January, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of plm}ning o~.d Zon- ing Commission approving zomng re- quest of Loras College to reclassify cer- tain residential properties and Concep- tual Development plan of the Loras Col- lege ID Institutional District, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the fallow- ing vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending Appen- dix A of the Code of Ordinances by reclassifying property at the northeast corner of Cox Street and West 17th St. from R-2 Alternate Two Family Residential District to ID Institutional District: by reclassifying property at 1047, 1065 and 1091 Loras Blvd. from R-1 Single Family Residential District to ID Institutional District; by reclassi- fying property south of West 16th St. and west of May Place from R-3 Multi- Family Residential District to ID In- stltutional District; and to approve a Conceptual Development Plan for the Loras College ID Institutional District, presented and read. Council Member Klueaner moved that this reading be considered the first reading and that it be set for Public Hearing on the 5th day of January, 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 Coun- cil Member Simon. Carried by the fuilowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Main Street Ltd. to address the Coun- cil to give Progress Report on program, presented and read. Council Member Kluesner moved that the report be received and filed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None, Bill McGoewen, Melissa Nebelsick, and Pat Friedman spoke to the matter. Four Mounds Foundation report regarding Four Mounds Parks; White Pine Group, Iowa Chapter Sierra Cinb, expressing concerns about plans to drop development of the Four Mounds area; Nelson Gronan, requesting further information regarding plans for Burden Park; Dubuque Symphony Orchestra League Board of Directors supporting the work of Four Mounds Foundation in creating a public facility at Four Mounds, presented and read. Council Member Krieg moved that the com- munications be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Kinesner, Krleg, Man- nlng, Simon. Nays--Council Member Kronfeldt. Karen Lyness, Jane Callahan, Ruth Nash and John Gronen all spoke to the matter. Council Member Kireg moved that it be resolved that the decision regarding the Burden property - to re- r return it be made when the Park & Rec. Budget is considered in February. Seconded by Council Member Kronfeldt. Council Member Delch mov- ed to amend the motion to add that the 446 Regular Session, December 15, 1986 Staff look at all the alternatives and other options for disposal or otber uses. Seconded by Council Member Manning. Amendment was carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Ktieg, Manning. Nays--Council Members Kinesner, Kronfeldt, Simon. Motion as amended, was carried by the following vote: Yeas--Council Members Kluesner, Krleg, Kronfaldt, Manning, Simon. Nays--Mayor Brady, Council Member Deich. Council recessed at 8:57 P.M. Council reconvened at 9:06 PM. Communication of planning and Zon- ing advising of their decision not to reconsider their previous denial for rezoning of 468-470 Lincoln Ave. as re- quested by Frederick Boyes: Cem- munication of Mrs. Ruth Latham endor- sing planning and Zoning ComnSssion's decision not to rezone Boyes' property: Communication of Fred & Klm Boyes submitting petition containing 55 signatures supporting the rezoning cf 468-470 Lincoln and the railroad proper- ty owned by the Boyes from Rhomberg to 21st Street only, presented and read. Cotmcfl Member Kluesner moved that the communications be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Manning. Simon. Nays--Council Members Krleg, Kronfeldt. An ORDINANCE Amending the Zon- ing Ordinance by revising Appendix A thereof to reclassify property at 468-470 Lincoln and adj nining railroad right-of- way from R-2A ARernate Two-Family Residential District to CS Commercial Service and Wholesale District, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinances and that it be set for Public Hearing on January 19, 1987 at 7:30 p.m. in the Pubtlc Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Manning, Nays--Council Members Krieg, ~ronfaldt. Communication of City Manager re- questing approval of 4 Resolutions relative to the awarding of a $300,000 Grant from the State of Iowa's Com- munity Economic Betterment Funds and a Community Development Block Grant Loan Agreement with CyCare Systems, Inc., and authorization to publish the Notice of Environmental Review Findings for the project, presented and read. Council Member Rrieg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 269-86 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT GRANT WITH TIlE STATE OF IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS. under provisions of the ;tare of Iowa's 71st General Assembly, House File 225 as anmnded, the City of Dubuque prepared and submitted an ap- for a Community Economic Betterment Grant in behalf of CyCare Systems, Inc.: and WHEREAS, the application has been approved for the City of Dubuque in the amount of 5300,000 to provide such assistance to CyCare Systems, Inc.; and WHEREAS, a Grant Agreement covering the activities proposed to be out with State of Iowa Com- munity Economic Betterment Funds has been tendered the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement, authorized by the State of lowa Depart- ment of Economic Development on August 25, 1986, is hereby accepted. Section 2. That the Mayor of the Ci- ty of Dubuque be and he is hereby authorized and directed to execute a Community Economic Betterment Fund Grant Agreement identified as Grant Agreement CEBA-86~54 for submission 447 Regular Session, December 15, 1986 to the State of Iowa Department Economic Development. Passed, approved and adopted this 15th day of December, 1986. James E. Brady Mayer 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 Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 270-86 A RESOLUTION AUTHORIZING ACCEPTANCE OF A sUBGRANT AGREEMENT PROVIDING FOR THE GRANT OF STATE OF IOWA COMMUNITY ECONOMIC BETTERMENT FUNDS TO CY CARE SYSTEMS, INC. wHEREAS, the City of Dubuque~ Iowa desires to assist CyCare Systems, Inc. in the purchase of real property and the enhancement of its economic viabili- ty by making certain capital im- provements, modification and repairs to property, and equipment additions, for the purpose of creating permanent employment opportunities for its citizens; and WHEREAS, a Subgrant Agreement has been executed by CyCare Systems, Inc., and the same is hereto attached and by this refexence made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY cOUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and tke Ci- ty Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque, Iowa upon the Subgrant Agreement hereto attach- ed, providing for the Grant of $300,0~0 to CyCare Systems, Ina, according to terms specified therein. Section 2. Tkat the City Manager be and he is hereby authorized to disburse funds according to the Subgrant Agree- ment from the State of Iowa Communi- ty Economic Betterment Fund. passed, approved and adopted this 15th day of December, 1986. 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 Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 271-86 A RESOLUTION AUTHORIZING ACCEPTANCE OF AN AGREEMENT PROVIDING FOR THE LOAN OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO CY CARE SYSTEMS, INC, WHEREAS, a Loan Agreement has been executed by CyCare Systems, Inc., and the same is hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of D~buque, Iowa upon the Loan Agreement hereto attached, providing for the loan of $2~0,000 to CyCare Systems, Inc., according to terms specified therein. Section 2. That the City Manager be ~ authorized to disburse to the Loan Agreement the Community Development Fund. Passed, approved and adopted this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Krleg moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. 448 Regular Session, December 15, 1986 RESOLUTION NO. 272~86 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT WHEREAS, the City of Dubuque is proposing to enter into a Grant Agr. ee- ment for the Calendar year commencing January 1, 1987 with the U.S. Depart- merit of Housing and Urban Develop- ment, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen' tn! Review Committee has affer due con- sideration made a determination that the project is not a major Federal action significantly affecting the quality of the human environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY cOUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review ~ecord for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof * CyCare Systems, Inc. Economic Development Project Section 2. Tkat the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of January 5, 198Z authorizing the submission ora re- quest to the U.S. Department of Hous- ing and Community Development to undertake the project. Passed, approved and adopted this 15th day of December, 1986. 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: Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing anthorization to distribute to "The Country Wagon", $26,500 from the C,o. mmunity Development Block Grant s Commercial and Industrial and Minority Business Participation Program, and anthoriza- tion to publish a Notice of Environmen- tal Review Findings, presented and read. Council Member Kluesner moved that ~ be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council tbers Deich, Kluesner, Krieg, Manning, Simon. Nays--None. RESOLUTION NO. 273-86 A RESOLUTION AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE COUNTRY WAGON WHEREAS, under provisions of Ti- tle I of the Housing and Community Developmant Act of 1974, as amended, tbe City of Dubuque has received Com- munity Development Block Grant fund. s for the purpose of stimulating economic development activities within the com- munlty; and wHEREAS, the City of Dubuque, Iowa desires to assist The Country Wagon in its efforts to enhance its economic vlabflity; to create permanent employment opportunities for its citizens; and to encourage the efforts of local female entrepreneurs; and WHEREAS, a Loan Agreement has been executed by The Country Wagon and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY cOUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and tkey are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, 449 Regular Session, December 15, 1986 awarding a twenty-five thouand dollar ($25,~0) loan to The Country Wagon, ac- cording to the terms specified therein. Section 2. Tkat the City Manager be and he is hereby authorized to disburse loan funds from the Community Development Block Grant entitlement fund, in accordance with the terms and conditions of the Loan Agreement hereto attached. Passed, approved and adopted this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 274-86 A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE COUNTRY WAGON WHEREAS, under provisions of Ti- tle I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Com- muhity Development Block Grant funds for the purpose of stimulating economic development activities with the com- munity; and WHEREAS, a Minority Loan par- ticipation Program has been developed by the City of Dubuque under the auspices of the Community Develop- ment Block Grant Program for the ex- pressed purpose of increasing minority, female and disadvantaged business par- ticipation in the community; and WHEREAS, the City of Dubuque, Iowa desires to assist The Country Wagon in its efforts to enhance its economic viability; to create permanent employment opportunities for its citizens; and to encourage the efforts of local female entrepreneurs; and WHEREAS, a Grant Agreement has been executed by The Country Wagon and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Mayor and City clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Grant Agreement hereto attached, awar- ding a one thousand five hundred dollar ($1,560) grant to The Country Wagon, cording to the terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse grant funds from the Community Development Block Grant entitlement fund, in accordance with the terms and conditions of the Grant Agreement hereto attached. Passed, approved and adopted this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 275-86 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1986 with the U.S. Department of Hous- ing and Urban Devalopment, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter decribed project to be financed with Community Development Block Grant ~unds; and WHEREAS, an ad hoc Environmen- tal Review Comraittee on December 1, 450 Regular Session, December 15, 1986 1986 has after due consideration made a determination that the project is not a major Federal action significantly af- fecting the quality of the human environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof * The Country Wagon Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of January 5, 1987, authorizing the submission ora re- quest to the U.S. Department of Hous- lng and Community Development to undertake the project. Passed, approved and adopted this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krleg, Kronfeldt, Manning, Simon. Nays--None- Communication of City Manager re- questing authorization to distribute to Dubuque In-Futuro, Inc. a sum of $100,000 from Community Develop- ment Block Grant Funds to support Market Place Dubuque and to publish a notice of Environmental Review Fin- dings, presented and read. Council Member Kluesner moved that the commuhication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Manning. Nays--Council Members Kronfeldt, RESOLUTION NO. 276-86 RESOLUTION AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH DUBUQUE IN-FUTURO, INC. WHEREAS, Dubuque In-Futuro, Inc. owns and operates a certcin proper- ty known as Market Place Dubuque in Town Clock plaza; and WHEREAS, Dubuque In-Futuro, Inc. has requested that the City of Dubuque lend to Dubuque In-Futuro, Inc. funds in the amount of $100,000 to fid in the management, maintenance and marketing of said property; and WHEREAS, a Loan Agreement and accompanying Promissory Note have been executed by Dubuque In-Futuro, Inc., anti the same are attached hereto and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L Tkat the City Council of the City of Dubuque, Iowa hereby finds and that a public purpose is to be served by the loan of funds to Dubu- que ln-Futuro, Inc. Section 2. That the Mayor and the City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, in- cluding the Promissory Note, providing for the loan of $100,000 to Dubuque In- Futuro, Inc. according to terms specified therein. Section 3. That the City Manager be and he is hereby authorized to disburse funds according to the Loan Agreement from the City's Community Develop- ment Block Grant Funds. Section 4. That the City of Dubuque goes on record requiring the immediate listing of the building for sale. Passed, approved and adopted this 15th day of December, 1986. 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: 451 Regular Session, December 15, 1986 Yeas--Mayor Brady, Council Members Deich, Khieaner, Krieg, Manning. Nays--Council Members Kronfeldt, Simon. RESOLUTION NO. 27%86 A RESOLUTION AUTHORIZING pUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1986 with the U.S. Department of Hone- lng and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen- tal Review Committee on December 1, 1986 has after due consideration made a determination that the project is not a major Federal action significantly af- fecting the quality of the human environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review t~ecord for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. * Dubuque In-Futuro, Inc. "Market Place Dubuque" Project Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of January 5, 2987, authorizing the submission ora re- quest to the U.S. Department of Hous- ing and Community Development to undertake the project. Passed, approved and adopted this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Manning. Nays--Counc~ Members Kronfeldt, Simon. Communication of City Manager sub- mitting Ordinance to aliminate fire ser- outside of the City except to pro- tect City-owned property or in accor- tanee with mutual aid agreement, presented and filed. Seconded by Coun- cil Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Deich, Klueaner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 95-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, BY DELETING SECTIONS 14-25 AND 14-28 THEREOF AND ENACTING A NEW SECTION 14-25 IN LIEU THEREOF PROHIBITING FIRE SERVICE OUT- ~IDE THE CITY EXCEPT TO PRO- TECT CITY-OWNED PROPERTY OR PURSUANT TO A MUTUAL AID AGREEMENT, presented and read. Council Member Kiuesner 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 whici~ it is to be flnaily adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Vlember Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, ~ronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 95.86 ~N ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE 452 Regular Session, December 15, 1986 CITY OF DUBUQUE, IOWA, BY DELETING SECTIONS 14-25 AND 14-28 THEREOF AND ENACTING A NEW SECTION 14-25 IN LIEU THEREOF PROHIBITING FIRE SERVICE OUTSIDE THE CITY EXCEPT TO pROJECT CITY- OWNED PROPERTY OR pURSU" ANT TO A MUTUAL AID AGREE- MENT NOW THEREFORE, BE IT ORDAINED BY THE CITY coUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by deleting Sections 14-25 and 14-28 thereof and enacting a new Section 14-25 in liew thereof as fol- lows: "Sec. 14-25, Service outside the city restricted. No fire service shall be rendered out- side the limits of the city by i~refghting eqaipment and City personnel except as follows: (a) to protect property of the City located outside the corporate limits of the city; or . (b) pursuant to a written mutual a~d agreement for emergency fire service on a reciprocal basis with another gov- ernmental entity. Passed, approved and adopted this 15th day of December, 1986. /s/James E. Brady Mayor ATTEST: /s/Mga~ A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of December, 1986. Mary A. Davis City Clef It 12/22 Communication of City Manager outliplng the procedure for handling the street storage of motor vehicles that have accumulated five or more unpaid parking tickets, presented and read. Council Member Khiesner moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the followi~g vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 96-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING NEW SECTIONS 25-380, 25-383, 25-384, 25-386, 25-387, 25-388, 25-389, 25-391, 25~392, and 25-393 PROVIDING FOR THE TOWING OF VEHICLES HAVING ~IVE OUTSTANDING UNPAID VIOLATIONS OR LEFT UNATTEND- ED IN OR ABOUT PUBLIC WAYS, presented and read. Council Member Khiesner moved that this be considered the first reading of the OrdinanCe, and that the requirement that a proposed Ox~ dinanee 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 mov- ed final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 96-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY kCTING NEW SECTIONS 25- 380, 25-383, 25-384, 25-386, 25-387, 25- 389, %5-391, AND 25-393 THEREOF PROVIDING FOR THE TOWING OF VEHICLES HAVING FIVE OUTSTANDING UNPAID VIOLA- TIONS OR LEFT UNATTENDED IN OR ABOUT pUBLIC WAYS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA that: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting new Sections 25-380, 25-383, 25-384, 25-386, 25-387, ~5-388, 25-389, 25-391, 25-392 and 25- 393 thereof as follows: ARTICLE IX. IMPOUNDMENT OF VEHICLES Division L General "Sec. 25-380. Intent and purpose. Tiffs Article is enacted as an eni'orce~ merit procedure for protection of the public peace, safety and welfare and shall be used generally for the preven- tion and removal of traffir hazards, prevention and abatement of public nuisances arising from traffic viola- hone, and ibr the protection of public fights in the use of city streets and thorougtffar . Division II. Scofflaw "Sec% 25-383. Removal and impoundment. Any vehicle having against it five (5) 453 Regular Session, December 15, 1986 or more unpaid violations issued within been moved within twenty-four (24) a twelve (12) month period, charging hours from the time of notice of fine, that such vehicle is parked, stopped or or if there is evidence that thc vehi- standing hi violation of any law, ordi- cie has been parked for more than hence or local authority of the City forty-aighi hours before recaiving the shall be deemed a public nuisance and notice of fine, the Police Department the Police Department hereby author- ized to remove or cause to be removed, such vehicle at the sole cost and expense of the habitual violator. The Police Department shall have the power and is hereby authorized to remove the vehicle by either private or governmental equipment as it may deem advisable." "Sec. 25-384. Owner responsibility. The registered owner of a vehicle having against it five (5) or more out- standing unpaid violations shall be presumed to be the owner at the tline the violations were in fact issued and shall be severally responsible for the offenses and the impoundment, except where the use of the vehicle was secm'ed by the operator without the Division III. Street Storage "Sec. 25-386. Intent and purpose. The presence of unattended and mmmved motor vehicles in or about public places for more than twenty- four (24) hours tends to impede traf- fic in the street; interfere with the enjoyment of property; reduce the value of private property; invite van- dalism and plundering; create fire haz- ards; extend and aggravate urban blight; and result in a serious hazard to the public health, safety, comfort, community welfare and happiness of the residents of the city.' "Sec. 25-387. Definition, An unattended motor vehicle, for the purpose of this division, means an operable or non-operable vehicle which has remained in a starionary po~ition on a public way for twenty-four (24) may cause removal of the vehicle. When conditions permit, the Police Department shall make a reasonable effort to contact the last registered owner of the vehicle before stunmarily removing the vehicle." "Sec. 25-389. Exclusion. Nothing in this division shall pre- clude the immediate removal by the Police Department of a motor vehicle which is parked in violation of any oti~er section of this cbapter." Division IV. Towing and Storage "Sec. 25-391. Notice to owner. ia) Whenever the Police Department has impounded a vehicle pursuant to this Article and such vehicle has not been rechiimed, a notice shall be pro- vided within twenty (20) days by certi- fied mail to the last known registered owner of the vehicle and all lienholders of record, addressed to their last addresses of record, that the has been taken into custody. ~ shall be deemed given when (b) The notice shall describe the make, model and serial number of the vehicle, set forth the location of tim facility where the vehicle is being held, inform the owner and the lien- holders of theli' right to reclaim the vehicle within twenty-one (21) days after accrued fines and costs for each outstanding violation, towing, preser- vation and storage charges resulting from placing the vehicle in custody and upon payment of the costs of notice required pursuant to this section. (c) The notice shall also state tbat the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time period provided "Sec. 25-388. Unattended vehicles. ~ail be deemed a waiver by the owner ia) It shall be unlawful for any per- son to permit an unattended vehicle to and ali lienholders of ali right, title, stand or park in or about a public claim and interest in the vehicle and place for twenty-four (24) hours or that such failure is deemed consent to more without such vehicle being the sale of the vclficle at public auc- moved. (b) The police Depm'tment, upon its own initiative or upon complaint, may take into custody any vehicle standing or parking in violation of tiffs division. (c) Upon evidence that tim vaiticle has been parked on a public way for tion or disposal to a demohsfier. If the lienholders do not exercise their right to reclaim such vehicle within the twenty-one (21) day reclaiming period, such owner and lien- holders sball no longer have any right, title, claim or interest in or to such more than twenty-four (24) hours vehicle. without being moved, the Police id) If the identity of the last regis- ' " tered owner cammt be determined, or Depm'tment shall issue a nohce of ime under Section 25-274 of the Code of if the registration contains no address Ordinances. If such vehicle has not for the owner, or if it is knpossible to Regular Session, December 15, 1986 determine with reasonable certainty the identity and addresses of all lien- holders, notice by on~ publication in one newspaper of general circulation shall be sufficient to meet the require- ments of notice under this section. (e) The owner or any lienholder may, by written request, deliver to the Police Department prior to the expira- tion of the twenty-one (21) day reclaiming period, obtain an additional fburteen days within which the vetficle may be reclaimed." "Sec. 25-392. Unathorized removal of vehlcle. ia) It shall be unlawful for any per- son to remove a vehicle from the facil- ity where it is being hem without the prior payment of accrued fines and costs for each outstanding violation, towing, preservation and storage charges resulting from placing the vehicle in custody and the costs of the notice requirred pursuant to Section 25-391. (b) The Police Department is authorized to summarily re-impound any vehicle removed in violation of this Section." "Sec. 25-393. Auction of vehicles. If a vehicle has not been reclalined as provided in Section 25-391 the Police Department shall dispose of such vehicle as provided by the Code of Iowo2' Passed, approved and adopted this 15th day of December, 1986. /s/James E. Brady ATTEST: Mayor /s/Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of December, 1986. Mary A. Davis City Clerk It 12/22 Communication of City Manager sub- rm~ting Ordinance to update portions of Chapter 26 and several sections of Chapter 27 of the Code of Ordinances, presented and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ,PEALING SECTIONS 26-1 26-7, 26-9, 26-11, 26-15, THROUGH 26-17, 26-29 THROUGH AND SECTIONS 27-47, 27-48, 27-52 AND 27-53 THEREOF AND ~NACTING NEW SECTIONS 26-1 THROUGH 26-16, 26-29, AND 26-30 IN LIEU THEREOF PROVIDING FOR THE UPDATING OF THE CRIMINAL SECTIONS OF THE CODE OF OR- DINANCES, presented and read. Coun- cil Member IGuesner moved that this be the first reading of the Or- dinance, 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 Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 97-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY tEPEALINGSECTIONS 26-1 THROUGH 26-7, 26-11, 26-15 THROUGH 26-17, 26-29 THiIOUGH AND SECTIONS 27-47, 27-48, 27-52 AND 27-53 THEREOF AND ]NACTING NEW SECTIONS 26-1 THROUGH 26-16, 26-29 AND 26-g0 IN LIEU THEREOF PROVIDING [,'OR THE UPDATING OF THE ',RIMINAL SECTIONS OF THE ~1 OF ORDINANCES. NOW TttEREFORE, BE IT )RDA1NED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, 10WA: Section 1. That the Code of Ordi- mnces of tbe City of Dubuque, Iowa, be amended by repealing Sections 26- 1 through 26-7, 26-9, 26-11, 26-15 through 26-17, 26-29 through 26-32 and Sections 27-47, 27-48, 27-52 and 27-53 thereof and euacting new Sections 26- 1 tln'ough 26-16, 26-29 and 26-30 in liew thereof as follows: ARTICLE 1. GENEltALLY SEC. 26-1. DISORDERLY COUNDUCT. It shall be unlawthl for a person to do any of the following: ORDINANCE NO. 97-86 ia) Engage in fighting m' violent AN ORDNANCE AMENDING THE behavior hi any public place or in or near any lawlul assembly of persons CODE OF ORDINANCES OF THE CI- Im' invite o' defy another person to TY OF DUBUQUE, IOWA, BY · 455 454 Regular Session, December 15, 1986 fight, provided, that participants in athletic contests ~nay engage in such conduct which is reasonably related to that sport. (b) Make loud and raucous noice in the vicinity of any residence or hos- pital wtffch causes unreasonable dis- tress to the occupants thereof. (c) Willfully suffer or permit in any house or upon any premises owned, occupied, possessed or controlled by her/him any unusually loud or excessive noice in such a manner cal- culated to provoke a breach of the pe~ce of others, or the public quiet of ttxe neighborhood. (d) Directs abusive epitaphs or makes any threatening geture which the person knows or reasonably should know is likely to provoke a violent reaction by anther. (e) Without lawfal authority or color of authority, disturbs any iawfal assembly or meeting of persons by conduct intended to disrupt the meet- lng or assembly. (f) Knowingly and publicly uses the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expecta- tion that such use will provoke or encore'age anott~er to cmnmit a public (g) Without authority or justifica- tion, obstructs any street, sidewalk, bighway or other public way with the intent to prevent or hinder its lawful use by others. SEC. 26-2. RINGING OF BELLS, GONGS, ETC. It shall be unlawfal for any persn witl~n the corporate lintits of this city to ring or sound any bell, auction bell, gong, or similar device upon the streets or alleys within the city, or in front of any place of business or dwelling house, or upon any vchicls for the pun- pose of advertising any auction or the peace of others. SEC. 26-3. HARRASSMENT OF CIq~ EMPLOYEES. (a) It shall be unlawful for any per- son to willfally pre,Jent or attempt to prcvent any city employee from the performance of any official duty. (b) It ~m]l be unlawful for any per- threat of bodily or property harm to any city employee or the city employee's family during the course of, or as the result of, the performance of any official duty by the city employee in which the city employee is identified as such. SEC. 26-4. FALSE AND FRAUDULENT REPORTS. It shall be unlawful for any person to intentionally and without good cause give a false or fl. audulent report of a crime, a fire, or an accident by calling any peace officer, physician, hospital, ambulance service, or fire department, or by crying or sounding an alarm, or by performing any act calculated to cause such report or alarm, or who intentionally communi- cates false or fl'audulent information with reference to a crime, a fire, or an accident to any peace officer, phys- ician, hospital, ambulance service, or fire department, or by words or action, initiates or circulates a report of warn- lng of epidemic or other castastrophe. SEC. 26-5. REFUSING TO ASSIST A POLICE OFFICER It shall be unlawful for any person to unreasonably and without lawful cause, refuse or neglect to render assis- tance when requested or ordered by a )olice officer to render the police offi- cer assistance in making or attompting to make an arrest or to prevent the commission of any criminal act. ~EC. 26-6. FALSE REPRESENTA ['ION OF RECORDS OR PRO- CESS. It shall be unlawful for any person represent any document or paper to be a public record or any civil or crimi- ual process when the person knows such representation to be false. SEC. 26-7. USE OF BOWS AND ARROWS, SLINGSHOTS, ETC It shall be unlawful for any person within the corporate finfits of this city to have in l~s possession or to use any slingshot of any kind, m' to willfully or carelsssly throws any stone, stick or other ntissile in such a manner as to vindow or other property or for any person within the co~orate limits of the city to hunt with a bow and SEC. 26-9. INTOXICATION It shall be unlawful for any person to become drunk or intoxicated or Iound in a state of intoxication, or if ~ound in a state of intoxication, refuse the offer of a police officer to be taken SEC. 26-11. INDECENT EXPOSURE It shall be unlawful for any person to expose the person s gcmtal or pubes n view ora third person. SEC, 26-14. UNAUTHORIZED 456 Regular Session COMPUTER ACCESS. It slml] be unlawful for any person to knowingly and without authoriza- tion access a computer, computer sys- SEC. 26-15. CRIMINAL MISCHIEF. It shall be unlawful for any person to damage, deface, alterate or destroy any tangible property when done intentionally by one who has no right SEC. 26-16. TRESPASS. (a) It shall be unlawful for any per- son to knowingly trespass upon the property of another. (b) For the purpose of this section the term "trespass" shall not mean entering upon the property of another for the sole purpose to retrie¼ng per- sonal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown on the property of another, provided that the person retricving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. ARTICLE Il. ASSEMBLIES. SEC, 26-29, PERMIT REQUIRED. Before any association, company, society, order, exhibition or agg~'egation of persons shall collect or gather together or parade or march upon the streets or public places of the city, they shall first obtain a permit fi'om the city manager, which permit, when issued, shall be without charge, and shall state the time, manner and conditions of SEC. 26-30. UNLAWFUL ASSEMBLY. (a) Any unlawful assembly is three with them or any of them acting in violent manner, and with intent that they or any of them wll cmnmit a public offense or causing other persons to be intimidated, harassed or placed in fear of bodily hax~a~. (b) It shall be unlawful for a person to willingly join in om' ~emain a part of an unlawful assembly, knowing or having reasonable grounds to believe that it is such. (c) It shall be unlawful for any per son within the hearing distance of a po]ice officer who orders the partici- pants in an unlawful assembly of per- sons in the flmncdiate vicinity of an unlawful assembly to refuse to dis- (d) Notl~ng in this section shall be December 15, 1986 ;athering together in orderly or law- ful assemblies and which will not result in the dis.turbance of the peace or dis- orderly conduct. PASSED, ADOPTED AND APPROVED tiffs 15th day of Decem- ber, 1986. /s/James E. Brady MAYOR ATTEST: /s/Mary A. Davis CITY CLERK Pubfished officially in the Telegraph Herald newspaper this 23rd day of December, 1986. Mary A. Davis City Clerk It 12/23 Communication of City Manager sub- mitting three Ordinances repealing ob- solete provisions in the City Code of Or- dinances, presented and read. Council Member Kluesner moved that the com- munication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeast-Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 98-86 kN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 26-84 ~HROUGH 26-88 THEREOF PRO- VIDING FOR REGULATING SALE AND USE OF MODEL GLUE, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered ~nd voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning. Simon. Nays--None. ORDINANCE NO. 98-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY 457 Regular Session__.~___LDeceraber 15, 1986 REPEALING SECTIONS 26-84 THROUGH 26-88 THEREOF pRO- VIDING FOR REGULATING SALE AND USE OF MODEL GLUE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by ~epealing Sections 26- 84 througi~ 26-88. passed, approved and adopted this 15th day of December, 1986. /s/James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of December, 1986. Mary A. Davis City Clerk it 12/22 ORDINANCE NO. 99-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE C1- TY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 26-69 THROUGH 26-72 THEREOF PRO- VIDNG FOR PROHIBITING GAMBL- ING, 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 Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 99-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 26-29 THROUGH 26-72 THEREOF PRO- VIDING FOR PROHIBITING GAM- BLING NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repeMing Sections 26- 69 through 26-72.' Passed, approved and adopted this 15th day of December, 1986. /s/James E. Brady Mayor ATTEST: Me~'y A. Daivs City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of December, 1986. Mary A. Davis City Clerk It 12/22 ORDINANCE NO. 100-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 8-1 THROUGH 8-6 AND SECTIONS 8-27 THROUGH 8-32 THEREOF PRO- ¥IDING FOR REGULATING AUC- TIONS AND AUCTIONEERS, presented and read. Coundl 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 Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 100-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 8-1 THROUGH 8-6 AND SECTIONS 8- 27 THROUGH 8-32 THEREOF PRO- VIDING FOR REGULATING AUC- TIONS AND AUCTIONEERS NOW THEREFORE, BE IT ORDAINED BY THE CPPY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Sections 8-1 ttu'ough 8-6 and Sections 8-27 th~-ough 8-32. Passed, approved and adopted tbis 15th day of December, 1986. /s/James E. Brady Mayor Regular Session,__.~Deceraber 15, 1986 ATTEST: Mary A. Davis City Clerk Pubhshed officially in the Telegraph Herald newspaper this 22nd day of December, 1986. Mary A. Davis City Clerk It 12/22 ORDINANCE NO. 101-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY AD- DING A NEW YIELD INTERSEC- TION TO SUBSECTION (3) OF SEC- TION 25-212 THEREOF PROVIDING FOR THE DESIGNATION OF YIELDS SIGNS AT THE INTERSEC- TION OF ADMIRAL SHEEHY DRIVE AND THE UNNAMED STREET 220 FEET SOUTH OF U.S. HIGHWAY 61-151, said Ordinance having been presented and read at the Council Meeting of 12-1-86, presented for further action. Council Member Kluesner mov- ed that the requirement that a propos- ed 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 fur- ther moved final adoption of the Or- dinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 101-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW YIELD INTER- SECTIN TO SUBSECTION (3) OF SECTION 25-212 THEREOF PRO- VIDING FOR THE DESIGNATION OF YIELD SIGNS AT THE INTER- SECTION OF ADMIRAL SHEEHY DRIVE AND THE UNNAMED STREET 220 FEET SOUTtI OF U.S. HIGHWAY 61-151 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances to the City of Dubuque, Iowa, be amended by adding a new yield intersection to Subsection (3) of Sec- tion 25-212 thereof as follows: "Sec. 25-212. Yield intersections. (3) Eastbound vehicles. Eastbound rehicles must yield befbre entering the intersection of: Admiral Sheehy Drive and the remained street 220 feet south of U.S. Highway 61-151. PASSED, APPROVED AND ~DOPTED tbJs 15th day of December, 1986. /s/James E. Brady Mayor ATTEST: Mary A. Davis City Clm'k Published officially in the Telegraph Herald newspaper this 19th day of December, 1986. Mary A. Davis City Clerk ORDINANCE NO. 102-86 AN ORDINANCE AMENDING TIlE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ENAC- lNG NEW SECTIONS 27-116 , THROUGH 27-121 THEREOF PROr VIDING FOR THE DESIGNATION OF CERTAIN PARK AND RECREATION AREAS, said Ordinance having been presented and read at the Council Meeting of 12-1-86, presented for further action. Council Member Kluesner mov- ed that the requirement that a propos- ed 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 fur- ther moved final adoption of the Or- dinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 102.86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING NEW SECTIONS 27416 THROUGH 27-12I THEREOF PRO- VIDING FOR TIlE DESIGNATION OF CERTAIN PARK AND RECITE- ATION AREAS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF ~HE CITY OF DEBUQUE, IOWA: Section 1. That ffie Code of Ordi- lmnces of the City of Dubuque, Iowa be amended by enacting Sections 27- 459 458 Regular Session,_~December 15, 1986 116 through 27-121 thereof as follows: SEC. 27-116. MADISON PARK Thc following described parcel of real estate is and shall be continued to be known, called and named as "Madison Park" and placed under the jurisdiction of the Park and Recreation Commi~ion. Lots 32, 33 and 34 of the Subdivsion of Lots 676 and 677 in L.H. Lang- worthy Addition; Lot 5 of the Subdi- vision of Lot 674 in L.H. Langworthy Addition; Lot 1 of Lot 2 of the Sub- division of Lots 676 and 677 in L.H. Langworthy Addition; Lot 3 of Lot 3 of ti~e Subdivision of Lots 676 and 677 in L.H. Langworthy Addtion; and two unnmnbered Lots lying between Lots 677 and 678 in L.H. Langworthy Addition, all in the City of Dubuque, U VsWA. SEC. 27-117. LOUIS MURPHY PARK The following described parcel of real estate is and shall be continued to be known, called and named as "Louis Mm'phy Park", also tbrmerly known as Grandview Park, and placed under the jm%dictiou of the Park and Recreation Commission. That part of Lots 1, 2 and 4 of Min- eral Lot 37 lying Southerly of High- way 61; that part of Lots 1, 2, 3, 4 and 5 of O'Connor's Subdivision lying southerly of Idighway 61; Westerly 42 feet of Lot 2 and the Westerly 42 feet of Lot 2 of Lot 15 in Sununer H~I1 Addition; Lots 14, 15, 16 and 17 in Rowan's Addition; Lot t of Lot 1 of the Subdivision of Mineral Lot 36A; Lot 1 of Lot 2 of Mineral Lot 38; and that part of Lot 6 and all of Lots 7, 8, 9, 10, I1, 12 and 13 lying Easterly of Highway 61, all in the City of Dubuque, Iowa. SEC. 27-118. VETERANS MEMORIAL PARK. The following described parcel of ~eal estate is and sbail be continued to be known, called an,d, named as "Veterans Memox~al Park' and placed under the jurisdictiion of the Park and Recreation Commission. Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1 of Mineral Lot 383, Min- eral Lot 384 and part of Lot 1 of Lot l of Lot 2 of Mineral Lot 385 lying South of TbJrty Second Street, ail in the City of Dubuque, Iowa. SEC. 27-119. EAGLE POINT PARK AND HAM HOUSE MUSEUM. The following described p~rce] of redi estate is and shall be continued to be known, called and named ~ "Eagle Point Park" and includes the land upon which the Ham House Museum is situated and placed under the jurisdiction of the Park and Rec- reation Com~nission. Lot 1 through Lot 7 in Berendes Sub- division; Lot 2 in Chris Braun's Place; Lot I of Lot I of Lot 2 of Lot 2A in Clark's Subdivision; Lot 2 of Lot t, Lot 2 di'Lot 1 of Lot 1, and Lot 2 in Eagle Point View; Lot 2 of Lot 6, Lot 2 of Lot I of Lot 6, and Lot 107 through Lot 124 in Fountain Hill Resubdivision; Lot 529 through Lot 534 in Ham's Addition; Lot 503 through Lot 515 in Ham's Addition (Eagle Point); Lot 2 of Lot 221, Lot 1 of Lot 222, Lot 223 and Lot 224 in Julien Addition; Lot I through Lot 6 in Kattmrlne Place; Lot 2 of Lot I of Lot i of Lot 1 in Potter Place; Lot 1 through Lot 10 in Potter's Shiras Avenue Place; Lot i of Lot 2 of Lot 3 and Lot 2 of Lot 3 in Shiras Subdi- vision; and parts of Mineral Lots 305A, 308, 309A, 310, 311 and 312, all in the City of Dubuque, Iowa. SEC. 27-120. BUNKER HILL GOLF COURSE The following described parcel of redi estate is and shdil be continued to be known, called and named as "Bunker Hill Golf Course" and placed under the jarisdiction of the Park and Recreation Commission. Part of Lot 2 in Highland Farms Addition; Lot 16 in Pfohl's Subdivi- sion; Mineral Lots 189, 200, 201, 202, 210, 270, 336 and 370; and parts of Mineral Lots 190, 265 and 340, all in the City of Dubuque, Iowa. Sec. 27-121. MUNICIPAL SWIMMING POOL The fdilowing described parcel of real estate is and shall be continued to be known, called and named as "Municipal Swimming Pool" and placed under the jurisdiction of the Park and Recreatinn Commission. Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333 in Hmn's Addition; that part of vacated Garfield Avenue lying adjacent to Lots 45, 46, 331 and 332 in Ham's:~ Addition; that part of vacated Summer Street lying adja- cent to Lots 44, 45, 46, 47, 48, 331,332 and 333 in Ham's Addition; and that part of the vacated alley lying adja- cent to Lots 46 and 47 in Ham's Addition, all in the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 15th day of Decem- ber, 1986. /s/James E. Brady Mayor 460 Regular Session, December 15, 1986 ATTEST: Mary A. Davis CITY CLERK Pub5shed officially in the Telegraph Herald newspaper this 23rd day of December, 1986. Mm'y A. Davis It 12/23 City Clerk Communication of City Manager recommending approval of an Agree- ment for Milk Sanitation Laboratory Services with Dale R. Cooper, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 278-86 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DALE R. COOPER, D/B/A MANCHESTER MILK SANITATION UNIT, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA WHEREAS, the City, through a Memorandum of Understanding with the Iowa Department of Agriculture, has the authority and responsibility to administer and enforce Chapter 192 (Production and Sale of Dairy Products), Code of Iowa, 1985; and WHEREAS, the City desires to ob- tain the services of a laboratory certified to perform tests to determine the sanitary quality of milk and dairy pro- ducts for public report; and WHEREAS, Dale R. Cooper, d/b/a Manchester Milk Sanitation Unit, is cer- tified to perform such tests pursuant to the provisions of Iowa Code, Section 192.63; and WHEREAS, an Agreement between the City of Dubuque, Iowa and Dale R. Cooper, d/b/a Manchester Milk Sanita- tion Unit, has been prepared and presented to the parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Agree- merit between the City of Dubuque, Iowa and Dale R. Cooper, d/b/a Man- chester Milk Sanitation Unit, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute said Agreement on behalf of the C~ty of Dubuque, Iowa. Passed, approved and adopted this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Resolution providing for the ap- pointment of Dr. Charles Griffin and Dr. Mark Singsauk as C~-Medical Directors of the City of Dubuque's Ambulance Service, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 279-86 APPOINTING MEDICAL DIRECTORS FOR THE CITY OF DUBUQUE'S ADVANCED EMERGENCY MEDICAL CARE AMBULANCE SERVICE WHEREAS, the rules of the Iowa Department of Health require that an advanced emergency medical care am- bulance service authorized by that Department be under the direction, ad- vice or orders by a medical director who supplies professional expertise for ad- vanced emergency medical care; and WHEREAS, the Dubuque County Medical Society has recommended that Dr. Charles Griffin and Dr. Mark Singsank be appointed as Co-Medicdi Directors of the City of Dubuque's ad- vanced emergency medical care a~n- bulance service; and WHEREAS, Drs. Griffin and 461 Regular Session, December 15, 1986 Singsank have consented to such ap- pointment and said appointments would be in the best interest of the city of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Dr. Charles Griffin andZ)n Mark Singsank be and they are hereby appointed as Co-Medical Diree- tots of the City of Dubuque's twenty- four hour advanced medical care am- bulance service authorized by the Iowa Department of Health. Passed, adopted and approved this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfaidt, Manning, Simon. Nays--None. BOARDS AND COMMISSIONS: Five Flags Civic Center: Applicants: Greg Cigrand, Ruth Nash, Neal McEvoy and Betty Cordes. Vote was as follows: Mayor Brady voted for McEvoy, Council Member Deich voted for McEvoy, Council Member Kluesner voted for Gig-rand, Council Member Kcieg voted for McEvoy, Council Member Kronfaidt voted for McEvoy, Council Member Manning voted for McEvoy, Council Member Simon voted for McEvoy. Therefore Neai McEvoy appointed for an unexpired term which will expires 6-29-88. RESOLUTION NO. 280-86 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a perntit to sell Cigarettes and Cigarette Papers within said City. Lynn A. LaPage 600 Central Ave. Park Square Ta':etn Passed, adopted and approved this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 281-86 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Mole Oil Co. 9th and Central Big "10' Mart (Also Sunday Sales) Angel Investment Co. 2699 Rockdale Rd. Casey's Store (Also Sunday Sales) Passed, adopted and approved this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 282-86 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 in- spected and found to comply with the 462 Regular Session, December 15, 1986 State Law and ail City Ordinances rale- vant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appfi- cant(s) a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND L1QEOR LICENSE Design Center, Inc. 200 Main St. Julien Motor Inn (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE J. Richman - R. Spiegel 1060 Univeraity Avenue Tap (Also Sunday Sales) Joseph P. Bleile 2600 Central A&B Tavern Angelina Bertolini 1268 Main St. Marie's Italian Rest. Lounge (Also Sunday Sales) Moracco, Inc. 1412 Rockdale Gary and Jeanne Helar The Rib Tickler, Inc. 1895 J.F.K. Allan Tigges-Bev Ready (Also Sunday Sales) Kachevas, Inc. 666 Dodge Demetris Rest.-¥iking Lounge(Also Sunday Sales) BSly Bucks, Inc. 621 E. 22nd St. Wm. & Shirley Meyer (Also Sunday Sales) Wm. C, Tam - Steven Long 2600 Dodge St. Rusty's Chinese Restaurant (Also Sunday Sales) Nancy Pauly 951 Main St. The Brewing Co. Passed, adopted and approved this 15th day of December, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg Kronfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Dock Comm. of 12-2; Five Flags Comm. of 11-17; Housing Code Review Committee of 11-12; Public Library Board of Trustees of 11-25; Joint Worksesaion of planning and Zoning Comm. & Historic Preservation Comm. of 11-12 & 11-19; Planning and Zoning Comm. of 12-3; Zoning Bd. of Adjustment of 11-20; presented and read. Com~cil Member Manning moved that the minutes be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims for month of October, 1986, presented and read. Council Member Manning moved that the proof be received and filed. Second- ed by Councll Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kcieg, Kronfeldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Terry Frederick, $50 on unexpired Cigarette License; Mary Turner $50, on unexpired Cigarette License, presented and read. Council Member Manning moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Alice Eberhart expressing dissatisfac- tion with denial of claim for property damage due to water from alley in heavy rainfall, presented and read. Council <xonfeldt moved that this mat- ter be referred to the Staff for summary ~f the incident and long range plans as to the impact to the entire City for in- cidents. Seconded by Council Member Manning. Carried by the following vo~e: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Mrs. James Hall, in amount of , for backed-up sewer damages; ITT Financial Services, Inc. vs. Sharon L. Dull et al submitting Petition in Equi- ty, presented and read. Council Member Manning moved tbat the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communications of Corporation Counsel recommending denial of the following claims: Sewer back-up of 463 Regular Session, December 15, 1986 Lloyd Pluemer; Sewer back-up of Mike Pluemer; Sewer back-up of Dale Droessler; Sewer back-up of Wm. Frey; Sewer back-up of Terry Eglscfier; and Property damage claim of Mary Sauser, and letter from Cindy Duve, presented and read. Council Member Kronfeldt moved that the communications be referred back to Staff with direction for response at the next Council Meeting. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfaldt, Manning, Simon. Nays--None. Dennis Ryan, General Manager of KDTH & KAT-FM, advising of their tent to match dollar for dollar all adver- tieing placed with their stations on behalf of the Airport Marketing Cam- paign, 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 Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring response to petition of residents of Aurora Street regarding a drainage problem and recommending City offer to pay 50% of construction for underground storm sewer and the re- maining 50% be assumed to the proper- ty owners, presented and read. Council Member Kronfeldt moved that the communication be received and filed and directed Staff to rewrite the Or- dinance which would authorize discon- nection of such drains that would en- danger public safety. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Krieg, Kronfeldt, Manning, Simon. Nays--Council Members Deich, Kluesner. Communication of Roger M. Massey, of HUD, advising of the approval of the City's request for recertification of eligibility for UDAG program, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, KIuesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communications of Corporation Counsel recommending settlements of tm' damages to the following: Clark Glover, in amt. of $24.96; Janice Grot- john, in amt. of $19.16; Linda Hafel, in amt. of $15.55; Deborah Herman, in amt. of $22.88; Sonia Hickson, in amt. of $24.96; Sharon Hues, in amt. of $18.72; Mrs. Louis Pottebanm, in amt. of $33.28; Ray Schmitt, in amt. of $23.50; Janaes Schute, in amt. of $19.78, presented and read. Council Member Manning moved that the communication be received and fil- ed and approved and Finance Director to issue proper checks. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Assistant City At- torney O'Brien submitting Resolution providing for correction of name in the Indemnity Agreement with Swiss Valley Farms Co., presented and read. Council Member Manning 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, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 283-86 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDEMNITY AGREEMENT BY AND BETWEEN SWISS VALLEY FARMS, CO. AND THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque, a municipal corporation of the State of Iowa (City), has been requested to in- demnify Swiss Valley Farms, Co. (Swiss Valley) for any costs it may have to ex- pend as a result of judgments and in- heritance tax liens which appear in the abstract of title to certain real estate, which is the subject matter of an agree- ment between the City and Swiss Valley, all as more fully set forth in the 464 Regular Session, December 15, 1986 Indemnity Agreement attached hereby and WHEREAS, the City is required by agreement to provide Swiss Valley with merchantable title; and WHEREAS, Swiss Valley has raised questions concerning these matters; and WHEREAS, it appears that execu- tion by the City of an Indemnity Agree- ment to Swiss Valley Farms, Co. is ap- propriate under the circumstances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City as follows: The Mayor and the Ci- ty Clerk are hereby authorized to ex- ecute the attached Indemnity Agreement. Adopted and approved December 15, 1986. City of Dubuque, Iowa; James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Co~nmunicatinn of Assistant City At- torney O'Brien submitting Resolution authorizing Mayor mad City Clerk to ex- ecute a Deed from the City to Swiss Valley Farms, Co., presented and read. Council Member Manning 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, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 284-86 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A QUIT CLAIM DEED FROM THE CITY OF DUBUQUE, IOWA TO SWISS VALLEY FARMS, CO. WHEREAS, the City of Dubuque, a municipal corporation of the State of Iowa (City), and Swiss Valley Farms, Co. (Swiss Valley) have previously entered into an agreement for the sale of certain real property legally described as follows, to-wit: Lot 1 of Lot 74; Lot 1 of Lot 2 of Lot 75, except the southwesterly 2 feet thereof; Lot 1 of Lot 82, Lot 1 of Lot 2 of Lot 83; Lots 80 and 81; Lot 2 of Lot 2 of Lot 83; Lot 2 of Lot 82; Lot 82A; Lot 1 of Lot 83; Lot 2 of Lot 84; Lot 83A; Lot 1 of Lot 84; Lot 2 of Lot 85; Lot 84A; Lot 1 of Lot 85; Lot 85A; Lots 90 and 91; Lot 92; Lot 93; the Norther- ly half of the vacated alley abutting said Lots 90, 91, 92 and 93; and an interest in the vacated alley adjoining and abut- ting Lots 80 and 81; except that part of Lot 81 and the vacated alley abutting ~aid Lot conveyed to the State of Iowa by Warranty Deed at Book of Lands No. 58, page 703, records of Dubuque Coun- ty, Iowa, according to the recorded Plats thereof; all in Linehan park Addition, in the City of Dubuque, Iowa, according to the recorded Plats thereof. WHEREAS, said agreement has previously been authorized in accor- dance with the authority granted in Ci- ty Council Resolution Nos. 148-86 and 209-86; and WHEREAS. the parties now wish to transfer title to the said property. NOW, THEREFORE, BE IT RESOLVED by the City Conncll of the City as follows: The Mayor and the Ci- ty Clerk are hereby authorized to ex- ecute the Quit Claim Deed attached hereto. Adopted and approved December 15, 1986. City af Dubuque, Iowa; James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business, Coun- cfi Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. 465 Regular Session, December 15 1986 Nays--None. Meeting adjourned at 11:46 P.M. Mary A. Davis City Clerk Approved _ 1987 Adopted _ __ 1987 Mayor Council Members ATTEST: City Clerk 466