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1988 October Council Proceedings324 Regular Session. September 19, 1988 j. Te provide the foregoing construc- tion and maintenance at the sole expense of the subdivider. Tschigghie Excavating Company or future owner: And further provided that said Tschiggfrie Excavating Company, as owners of said subdivision secure the performance of the foregoing cbndltions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section'3. That in the event the owner shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within for ty~five (451 days after the date df the Resolution. the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval of the plat shall not be effective. Passed· approved and adopted this 19th day of September. 1988 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION We. the undersigned Tschiggfrie Ex- cavating Company, having read the terms and conditions of the Resolution No. 289-88 and being familiar with the conditions thereof hereby accepe the same and agree to the conditions required therein. There being no further business. Coun- cfi Member Heckmann moved to adjourn the meeting. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmaun. Kluesner. Pratt. Simon Voetberg. Nays--None. Absent--Council Mendier Deich. Meeting adjourned at 11:46 p.m. Mary A, Davis City Clerk Approved 1989 Adopted 1989 Mayor Council Members ATTEST: city Clerk Dated at Dubuque, Iowa this 21st day of September. 1988, Tschiggfrie Excavating Company By s/Edward D. Tschiggfrie President By s/Joan C. Tschiggfrie Secretary Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the iollowing vote: Yeas--Mayor Brady, Council Members Heckmaun. Kluesner. Pratt. Simon. Voetherg. Nays--None. Absent--Council Member Deich, Re~.gular Session CITY COUNCIL OFFICIAL Regular Session. October 3. 1988 Council Met at ?:30 P.M.. at the Public Library Auditorium Present--Mayor Brady, Council Members Deich. Heckmann. Pratt. Simon, Voetberg, City Manager W. Ken- neth Gearhart. Corporation Counsel Lindahl Absent: Council Member Kluesner Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to acc upon such business which may properly come before the Council. Invocation was given by Mayor Brady. PROCLAMATIONS: October 15. 1988 as "White Cane Safety Day" Manth of October as "National Quality Control Month" received by Rose Korouldewicez. who presented the Coun- cil with a Quality flag. Council Member Simon moved to sus- pend the rules to allow anyone present to addres~ the Council. Seconded oy Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann. Pratt. Simon, Voetberg. Nays--None. Absent--Council Member Kinesner. Proof of publication certified to by the Pabllsher. on Notice of Public Hearing to rezone property east of Keyway Drive and Keystone Drive from R-1 ~o R-3, presented and read. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Vote on the motion was as follows: Yeas-- Council Membors Heckmann. Simon. Nays--Mayor Brady, Council Members Deich, Pratt. Voetherg. Absent--Council Member Kluesner. Brian Kane. Attorney for HRW Associates requested favorable rezoning. October 3. 1988 325 Lori Prantner and Richard Kapparce ob- jected to the rezoning request. An ORDINANCE Amending Zoning Ordinance by reclassifying property located east of Keyway Drive and Keystone DriVe from "R-1 Single Fami- ly Residential District'" to "R-3 Multi- Family Residential District':. ~first reading only given at meeting of 9-19418), presented and read. Council Member Simon moved that the rules be waived requiring three seyarate readings of the Ordinance before finaJ adoption of the Ordinance and final adop- tion of the Ordlnance~ Seconded by Coun- · cil Member Pratt. Vote on the motion was as ~ullows: Yeas--Council Members Heckmann, Simon. Nays--Mayor Brady, Council Members Deich, Pratt. Voetberg Absent--Council Member Kfuesner. Mo- tion Failed. Council Member Simon Moved that this be considered the second reading of the Ordinance. Seconded by ~ouncll Member Pratt. Vote on the motion was as follows: Yeas--Council Members Pratt. Simon. Heckmann. Nays--Mayor Brady, Council Members Deich. Voetberg. Absent--Council Member Kluesner. MOTION FAILED -- OR- DINANCE NOT ADOPTED, Proof of publlqation certified to by the Publisher. on Notice of Public Hearing to amend the Conceptual Development Plan for the existing PR Planned Residential District from properey at northwest corner of Chancy Road and Asbury Road, presented and read. There were no written objections received and no oral objectors presen~ at the time of the Heoring. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried'by the following yore: Yeas-- Mayor Brady, Council Members Deich. Heckmann. Pratt. Simon. Voetberg. Nays--None. Absent--Council Member Kinesner. ORDINANCE NO. 434]8 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA. PROVIDING THAT THE CODE~OF ORDINANCES. 326 Regular Session October 3, 1988 CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THt CITY OF DUBUQUE, IOWA," BY AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR TH~ EXISTING PR PLANNED RESIDEN- TIAL DISTRICT FOR THE HERE- INAFTER DESCRIBED PROPERTY AT NORTHWEST CORNER OF CHANEY ROAD AND ASBURY ROAD, said Ordinance having been presented and read at the Council Meeting of September 19, 1988, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 43-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" BY AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE EXISTING PR PLANNED RESIDEN- TIAL DISTRICT FOR THE HERE- INAFTER DESCRIBED PROPERTY AT NORTHWEST CORNER OF CHANEY ROAD AND ASBURY ROAD. WHEREAS, Gerald Henkel, applicant and owner, have filed an application to amend a Conceptual Development Plan for certain property hereinafter described in accordance with provisions of the Planned Residential District regulations as set forth in Section 3-1.6 D of the Cede of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hearing on said amended Conceptual Development Plan; and WHEREAS, the Planning and Zoning Commission has approved said amend- ed Conceptual Development Plen subject to specific conditions and restrictions .having found that said plan conforms with the review standards appficable to such plans as set forth in Section 3-L6 D (4) of the Cede of Ordinances, Appen- dj× A thereof, of the City Of Dubuque, Iowa: and WHEREAS, the Planning and Zoning Commission has recommended concur- rence of the City Council on approval of said amended Conceptual Development Plan; and WHEREAS, the City Council has received the recommendation of the Plan- ning and Zoning Commission and has held its own public hearing on said amended Conceptual Development Plan pursuant to required published notice; and WHEREAS, the City Council has ap- )roved said amended Conceptual Development Plan subject ~o the stone specific conditions and restrictions. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accomplish the purposes ol the "Planned Residential District" and of the Zoning Ordinance, the amended Conceptual Development Plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 of Lot 1 of Lot 12 and Lot 2 of Lot I of Lot 2, both in St. Rose Place, and to the center line of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the "PR Planned Residential Dis~ictY and of the Zoning Ordinance, the property hereinabove described is subject to the following con- ditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above described PR Planned Residential District: 1. Principal Permitted Uses shall be limited to I three-unit apartment com- plex, 1 six-unit apartment complex, and 4 fou~-unit apartment complexes. Regular Session, October 3, 1988 2. Accessory Uses shall be lhuited to any use customarily incidental and subor- dlnate to the principal use it serves. B. Lot and Bulk Regulations. The ex- isting buildings shall be located as pro- posed on the attached amended Concep- tual Development Plan. C. parking Requirements. The off- street parking requirements for the prin- cipal permitted uses for the above described PR Planned Residential District shall ha a minimum af 20 garages and 28 off-street parking spaces. D. Transfer of Ownership. Transfer of ownership or lease of property in this PR planned Residential District shall include in the transfer or lease agreement a pro- vision that the purchaser or lessee acknowledges awareness of the condi- tions authorizing the establishment of the district. Passed, approved and adopted this 3rd day of October, 1988. James E. Brady Mayor ATTEST: Mary A~ Davis City Clerk Published oificially in the Telegraph Herald newspaper this 7th day of Oc- tober, ~988. Mary A. Davis City Clerk It 10/7 Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Voctberg. Carried by the following vote: Yeas--Mayor Brady, Council Member Deich, Heckmann, Pratt, Simon, Vastberg. Nays--None. Absent--Council Member Kluesner. Prenf of publlcation~ certified to by the Publisher, on Notice of Public Hearing to consider vacating Shires Avenue Ex- tension from Harbor St. tO the souther- ly end of Shiras Ave. Extension and disposing of said property to American Marina of Iowa, Inc. by lease; presented and read. No written objections were received. Joe Maguira~ representing Water Ski Club, addressed the Council advising of some of their concerns. Dave Pretaske, an behalf of American Marina 327 requested favorable action by the Council. Member Simon r~oved that the proof of pub]]catinn he received ond filed. Seconded by Council Member Veetberg. Carried by the following vote: yeas- Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetherg. Nays--None. Absent--Council Member Kkiesner. ORDINANCE NO. 44-88 ORDINANCE VACATING SHIRAS EXTENSION FROM HAR- BOR STREET TO THE SOUTHERLY END OF SHIRAs EXTENSION IN RIVERFRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been presented and read at the Council Meeting of 9/19/88, presented for final action. (OFFICIAL pUBLICATION) ORDINANCE NO. 44-88 ORDINANCE VACATING SHIRAS AVENUE EXTENSION FROM HAR- BOR STREET TO THE SOUTHERLY END OF SHIRAS AVENUE EXTEN~' SION IN RIVERFRONT SUBDIVI; SION NO. 3 IN THE CITY OF DU- BUQUE, IOWA WHEREAS, the City Council of the City of Dubuque, Iowa, has determined that Shiras Avenue Extension is no longer required for public use and should be vacated. NOW, THEREFORE, BE IT oP~ DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Shiras Avenue Extension 9corn Harbor Street to the southerly end oI Shiras Avenue Extension is hereby vacated. Section 2. The existing rights of ~ll utilities located pn former Shiras Avenue Extension, as shown on attached Exhibit B, are hereby reserved to such utilities. Section 3. The ~City Clerk is hereby authorized and directed to record a cer- tiffed copy af this Ordinance with the Ci- ty ~esessor, Dubuque County Recorder, and Dubuque County Treasurer. 328 Regular SessioN, OCtober 3, 1988 Passed. approved and adopted this 3rd day of October, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City' Clerk Published officially' in ~he Talegraph Herald newspaper this 7th day of Octo- ber, 1988. Mary A. Davis City Clerk ' It 10/7 Council Member Simon moved final adoption'of the Ordinance. Seconded by COUndl Member Voetberg. Carried by the following VOte: Yeas--Mayor Brady, council Members Daich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 290-88 RESOLUTIOrg DISPOSING OF INTEREST IN REAL PROPERTY BY LEASE WHEREAS, the City of Dubuque is the 'owner of legal title to two tracts of land shown on Exhibit A. attached and incorporated herein by reference, :as "Tract E" and "Tract F": AND WHEREAS, the City of Du- buque desires to lease Tract E and Tract F to American Marina of Iowa, Inc., upon the terms and conditions set forth in the proposed Amendment to Lease Agreement, attached hereto and inoor- porated h~rein by reference; AND WHEREAS, the City Council of the City of Dubuque, Iowa held a public hearing on the proposed Amendment to Lease Agreement on the 3rd day of Oc- toberl 1988; AND WHEREAS, the h~s determined that the Amendment to Lease Agreement should be approved: NOW THEREFORE, BE IT RE-~ SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Amendment to Lease Agreement between the City of Du- buque, Iowa ~and American Marina of Iowa; Inc., is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute such Amendment to Lease Agreement on bebaif of the City of Dubuque, Iowa. Passed, approved a~d adoPted this 3rd day of October, 1988. Jmnes E; Brady Mayor ATTEST: Mary A. Davis City Clerk CoUncil Member' Simon moved adop- tion of the Rbsolution. Seconded 'by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Heckmann, Pratt, Simon, Vootberg. Nays--None. Absant--COUncil Member Kluesner. Recess--9:18 P.M. Council reconvened at 9:33 P.M. Proof of publication, c~r tiffed to by the Publisher, on Notice of Public Hearing to vacating a portion of Cedar Cross Road and disposing of said property to Chsrles McDermott d/b/a Tri--State Im- plement Co., presented and read. No writ- ten objections were/~eceived and no oral objectors were present at the tilne of public hearing. Council Member Simon moved that the prqof of publication be received and filed. Seconded by Council Member Heckmmm. Carried by the following vote: Yeas--Mayor Brady Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. ORDINANCE NO. 45-88 AN ORDINANCE VACATING A PORTION OF CEDAR CROSS ROAD BEGINNING APPROXIMATELY 200 FEET NORTH OF STARLIGHT DRIVE, THENCE APPROXIMATE- LY 440 FEET NORTHERLY TOWARD CRESCENT RIDGE, said Ordinance having been presented and mad at the Council Meeting af September 19, 1988, presented for final action. Regular Session (OFFICIAL PUBLICATION) ORDINANCE NO. 45-88 ORDINANCE VACATING A PeR- TION OF CEDAR CROSS ROAD BE~ GINNING APPOXIMATELY 200 FEET NORTH OF 'STARLIGHT DRIVE, THENCE APPROXIMATE- LY 440 FEET NORTHERLY TOWARD CRESCENT RIDGE WHEREAS, Charles McDermott dib/a Tri-State Implement Company lias re- quested the vacating of a portion of Cedar Cross Road beginning approx- imately 200 feet north of Starlight Drive, thence approximately 440 feet norther- ly toward Crescent Ridge in the City of Dubuque, Iowa; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa has prepared and submit- ted to the City Council a plat showhig the vacated portion of Cedm' Cross Road and assigned a lot number thereof, wbAch hereinafter shall be known and described as "Lot A of Valley View Heights" in the City of Dubuque, Dubuque County, Iowa; m~d WHEREAS, the City Council of ~be City of Dubuque~ Iowa has determined that this portion of Cedar Cross Road is no longer reqaired for public use and vacating of said portion of Cedar Cross Road as Lot A in Valley View Heights in the City or'Dubuque, Dubuque Coun- ty, Iowa should be approved. Now, THEREFORE, BE IT OR- DAINED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the real estate de- scribed as Lot A in. Valley View Hcigt~ts in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the City reserves unto itself a perpetual e~sement iflcluding the right of ingress and egress thereto, for the purpose of reconstructing, repairing, modifying, owning, operating, and m~fin- raiding water, sewer, drainage, gas, telephone, t.v. cablb and electric lines as may be currently authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of October, 1988. October 3, 1988 329 James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of October, Mary A. Davis City Clerk it 10/7 Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Councli Member Kluesner. RESOLUTION NO. 291.88 WHEREAS, pursuant to resolu$ion and published notice af time and place of imaring, published in the Telegraph Herald, a newspaper of general clrcula- tlon published in the City of Dubuque, Iowa on the 2~rd day of September, 1988, the City Council af the City of Dubuque, Iowa met on the 3rd day of October, 1988, at 7:30 p.m. in the Public Library Auditorium, 11th & Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot A of Valley View Heights in the City of Dubuque, Iowa to Charles McDermott d/b/a Tri-State Implement Company: and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the pro- )osai to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Charles McDer- mott d/b/a Tri-State Implement Company. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF TI~E CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the in- terest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot A of Valley View Hcight~ in the City of Dubuque, Dubuque County, Iowa to Charles McDermott dib/a Tri-State 330 Regular Session October 3, 1988 Implement Company be and the same is hereby approved for the sum of Two Thousand Five Hundred Dollars ($2,500.00) plus cost of publication and filing fees; conveyance shall be by Quit Clalm Deed. Section 2. That the Mayor be author- izod and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby directed and authorized to deliver said deed of conveyance 'to the above named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the Office of the City Assessor, Du- buque County Recorder and the Du- buque County Treasurer. Passed, approved and adopted this 3rd day of October, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Pratt, Simon, Voetberg. Nays--None. Absent--Cannall Member Kluesner. proof of publication, certified to by the Publisher, on Notice of Public Hearing to grant a storm sewer easement across City-owned property to Sunnycrest Manor, presented and read. No written objections were received and no oral ob- jectors were present at the public hearing. Cotmcil Member Simon moved that the proof of publication be received and fried. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Heckmann, Pratt. Simon, Voetberg. Nays--None. Abeent--Council Member Kinesner. RESOLUTION NO. 292-88 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa. on the 23rd day of September, 1988, the City Council of the City of Dubuque, Iowa, met on the 3rd day of October, 1988~ at 7:30 p.m. in the Public Library Auditorium, 11th & Locust, Dubuque, Dubuque County, Iowa, to consider the proposal for the granting of a 20-foot wide permanent storm sewer easement and a 40-foot wide temporary construction easement across Lot 1-18 of Park View Subdivision to Sunnycrast Manor and; WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and alt objections, oral or written, to the ~roposal for the granting of said ease- ment to Sunnyctest Manor, NOW THEREFORE. BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section L That the granting of a 20-foot wide permanenc storm sewer easanaant and a 40-f~ot wide temporary construction easement across Lot 1-18 of Park View Subdivision to Sunnycrest Manor be and the same is hereby ap- proved for the cost of publication and ill- ing ieee, Section 2. That the Mayor be author- ized and directed to execute a grant of easement across said lot. and the City Clerk be and is hereby directed and aurhorized to deliver said grant of ease- men~ ce the above named grantee upon receipt of the purchase price m full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the Office of the City Assessor, Du- buque County Recorder, and the Du- buque County Treasurer. Passed, approved and adopted this 3rd day of October, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ~sion Council Member Simon moved ed0P' tion of the Resolution. Seconded by Council Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays~None: Absent--Council Member Kluesner. Communication of Jeld-Wen, Inc. re- questing a public hearing on proposed Variable Rate Demand Revenue Bonds, Series 1988, in an amount not to exceed $8,500,000, presented and read. CotmsilMember Simon moved timt the communication be received and filed. Seconded by Council Member Hock- mann. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch. Heckmann. Pratt. Simon. Voetherg. Nays--None. Absent-Council Member Khiesner. RESOLUTION NO. 293-88 RESOLUTION RATIFYING AC- TION BY THE CITY MANAGER AND FIXING A DATE FOR HEAR- lNG ON PROPOSED VARIABLE RATE DEMAND REVENUE BONDS. SERIES 1988 IJELD-WEN. INC. PROJECT] WHEREAS. the City of Dubuque, in the County of Dubuque, State of Iowa Ithe "Issuer"l.is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa. 1987, as amended (the "Act'q. co issue revenue bonds for the purpose of financing the cost of acquir- ing, by construction or purchase, land~ buildings, improvements and equipment or any interest thercin, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured pro~ ducts or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, min- Lng or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business: and WHEREAS. the Issuer has been re- quested by Jeld-wen Inc. Ithe "Com- pany''), an Oregon corporation, to issue its revenue bonds to finance the cost of the acquisition and installation of October 3, 1988 331 all machinery, equipment and im- provements needed for two fiber press lines to manufacture wood panels used in doors for the Company's existing manufacturing facilities (the "Project"), located 250 East 8th Street & 300 East 9th Street withi~ the Issuer, which will promote the welfare of the Issuer and its citizens; arid WHEREAS, it i~ proposed to finance the cost of the Project through the is- sugnce of Variable Rate Demand Development Revenue Bonds, S~ries 1988 (JELD:WEN, Inc. Project), of the Issuer in an aggregate principal amount not to exceed $8,500,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the ob]igatinn of which will be sufficient to paY the prin- cipal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable: and WHEREAS. before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal m issue the Bonds. all as required and provided for by Section 419.9 of tho Act and Section 147(1'1 of the Internal Revenue Code of 1986: and WHEREAS. in order to satiety the publication requirements of Section 419.9 of the Act the City Manager set the 17th day of October, 1988 at 7:30 o'clock p.m. at the Public Library Auditorium as the time and place for a public hearing and caused notice of such hearing co be published as in the form set forth in Sec- tion 2 hereof and this Council desires to ratify such action and provide for such public hearing. NOW, THEREFORE. BE IT RE- SOLVED by the City Council of the Section L The aforemenfJoned actions of the City Manager relating to the fix- ing of and publishing notice of the public hearing are hereby ratified and 6onfirm- ed. This Council shall meet at the Public Library Auditorium in Dubuque. Iowa, on the 17th day of October, 1988 at 7:30 o'clock, p.m.. at which time and place a public hearing shall be held on the pro- posal to issue vhe Bonds referred to in the preamble hereof, at which hearing all 332 Regular Session October 3, 1988 local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The publication of notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hear- lng will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Telegraph Herald, a newspaper published and having a general circulation within the Issuer is hereby ratified and ap- proved, the notice being in substantial- ly the following form: NOTICE OF INTENTION TO ISSUE VARIABLE RATE DEMAND REVENUE BONDS SERIES 1988 (JELD-WEN, Inc. Project) The City Council of the City of Du- buque, Iowa, (the "Issuer") will meet on the 17th day of October, 1988, at Public Library Auditorium, in Dubuque, Iowa, at 7:30 o'al~ck, p.m., for the purpose of conducting a public hearing on the pro. posal to issue Variable Rate Demand Revenue Bonds, Series 1988 (JELD- WEN, Inc. Project), of the Issuer, in an aggregate principal amount not to exceed $8,500,000 ftbe "Bonds"), and to loan said amount to JELD-WEN, Inc. (the "Company")~ an Oregon corporation, for the purpose of defraying the cost, to that amount, of the acquisition and installa- tion of all machinery, equipment and im- provements needed for two fiber press lines to manufacture wood panels used in doors for the Company's existing manufacturing facilities (the "Project"), located 250 East 8th Street & 300 East 9th Street the Issuer. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and in- terest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to ex- press their views for or against the pro- >osai to issue the Bonds, and at the hear- mg or any adjournment thereof, the Issuer shall adopt a resolution determin- lng whether or not to proceed with the issuance of the Bonds. Written com- ments may also be submitted to the Issuer at City Hall, 13th & Central Avenue, Dubuque, Iowa 52001, Written comments must be received by the above bearing date. By order of the City Council, this 3rd day of October, 1988. Mary A. Davis City Clerk Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict, Passed, approved and adopted this 3rd day of October, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by )ouncll Member Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None, Abeent--Council Member Kluesner. Mary Jaycox, Public Information Coordinator for the City presented the Ci- ty's Speakers Bureau folders to the Council. Council Member Simon requesting a "Progress Report on Disposal of Roosevelt park Property" and requesting affirmation or revise decision tq dispose AND Report by Rich Bean of the Roosevelt Park Study Committee on the status of Roosevelt Park disposition, presented and r¢ad. Council Member Simon moved that the petition and report be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Regular Session, Nays--None. Abeent--Councll Member Kinesner. Council Member Simon moved that~it be resolved to rescind the otiginial atat- merit and not dispose of property and that the Park & Rec. Comm. hold a public hearing for input for best usage. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voatberg. Nays--Non~. Abeent--Couneil Member Kluesner. Petition of Carnegie Stout Public Library Bd. of Trustees requesting Coun- cil approval for the purchase of the Laser Scanner by transferring salary monies to the equipment budget, presented and Council Member Pratt moved that the petition be received and filed and ap- proved purchase and concurred with the City Manager's recommendations. Seconded by Council Member Voetherg, Carried by the following vo~e: Yeas-- Council Members Deich, Heckmann, Pratt, Voetberg. Nays--Mayor Brady, Council Member Simon. Absent--Council Member Kluesner. Dubuque Benevolent and Humane Society submitting "Purchase of Services Agreement" and requesting execution by the City Council, presented and read. Council Member Simon moved that the Purchase of Services Agreement be ap- proved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner, Communication of City Manager sub- mitting amended Ordinances and policies regarding City sidewalks and tree plant- ings on public right-of-way, presented and read. Council Member Pratt moved tbat the communication be received and filed: Seconded by Council Member S~mon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voatberg. Nays--None. Absent--Council Member Kluesner. October 3, 1988 333 ORDINANCE NO. 46-88 AN ORDINANCE AMENDING coDE OF ORDINANCES BY ADOPTING NEwSEcTIONS 33-91 THRU 33-92 IN LIEU THEREOF, RELATING TO THE NOTICE TO PROPERTY OWNERS TO REPAIR, REPLACE OR RECONSTRUCT SIDEWALKS, AND THE ASSESSMENT OF COST THEREFORE AND ADOPTING · NEIN SECTIONS 33-93 THROUGH 33-95, RELATING TO THE PAY- MENT OF ASSESSMENTS AND THE LEVYING OF SPECIAL ASSESS- MENTS FOR SIDEWALK REPAIRS, AND THE ADOPTION OF A SIDEWALK REPAIR POLICY (1st reading given on 9-6-88 and 2nd reading given on 9-19-88), presented and read. (OFFICIAL PUBLICATION) : ORDINANCE NO. 46-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY RE- PEALING SECTIONS 33-91 AND 33-92 AND ADOPTING NEW SEC- TIONS 33-91 AND 33-92 IN LIEU THEREOF, RELATING TO THE NOTICE TO PROPERTY OWNERS TO REPAIR, REPLACE OR RECON- STRUCT SIDEWALKS, AND THE ASSESSMENT OF COSTS THERE- FORE, AND ADOPTING NEW SEC- TIONS 33-93 THROUGH 33-95, RELATING TO THE PAYMENT OF ASSESSMENTS AND THE LEVY- lNG OF SPECIAL ASSESSMENTS FOR SIDEWALK REPAIRS, AND THE ADOPTION OF A SIDEWALK REPAIR POLICY, NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- . ed by repealing Section 33-91 and Section 33-92. Section 2. That the Code of Ordinances of the City of Dubuquo~ Iowa, be araend- ed by adopting a new Section 33-91 thereof as follows: "Sect. 33-91. Notice to owner to repair. 334 Regular Session October 3. 1988 Whenever the City Manager shall determine that the,state of disrepair of any sidewalk as described in Section 33-90 exists, he shall serve notice by cer- tified mail on the abutting property owner, as shown by the records of the County Auditor. requiring the abutting property owner to repmr, replace or reconstruc~ the sidewalk." Section 3. That the Code of Ordinances of the City of Dubuque. Iowa. be amend- ed by adopting a new Section 33-92 thereof as follows: "Sec, 33-92. Collection of costs of repair by city. If the abutting property owner who has been notified pursuant to Section 33-91 to repair, replace, or reconstruct the sidewalk, shall fail to repair, replace or reconstruct such sidewalk Within thir- ty (30) days after the mailing of such qotice, the City Manager m~y cause the required action to be performed and assess the costs against the abutting prc~ perry for collection in the same manner as a property tax." Section 4. That the Code of Ordinances of the City of Dubuque. Iowa. be amend- ed by adopting a new Section 33-93 thereof as follows: "Sec. 33-93. Installments. If any amount assessed ageJnst proper- ty under Section 33-92 exceeds one hun- dred dollars ,$100.00). the assessmen~ may be paid in five {5) annual in- stallmente, in the same manner and with the same interest rates as provided for assessments against benefitted property under Iowa Code Chapter 384. Division IV." Section 5. That the Code of Ordinances of the City of Dubuque. inwa. be amend- ed by adopting a new Section 33-94 thereof as follows: "Sec. 33-94. Procedures for levy. The procedures for making and levy- ing a special assessment pursuant to Sec* tion 33-92 and for an appeal of the assess- men~ are the same procedures as provid- ed under the Cede of Iowa. Sections 384.59 through 384.67. and Sections 384.72 through 384.75/' Section 6. That the Cede of Ordinances of the City of Dubuque. Iowa, be amend. ed by adopting ~ new Section 33-95 thereof as follows: "Sec. 33-95. Sidewalk inspection and repair policy. The City Manager shall develop, with the approval of the City Council. a writ- ten sidewalk inspection and repair policy which shall govern the repmr, replace- merit, or reconstruction of sidewalks." Passed, approved and adopted this 3rd day of October 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of Octo- bet, i988. Mary A. Davis City Clerk It 10/7 Council Member Pratt moved finvJ adoption of the Ordinance. Seconded by Council Member Simon. Carried by the fogowing vote: Yeas--Mayor Brady, Council Members Dalch. Heckmann. Pratt, Simon Voetberg. Nays--None. Absent--Council Member Kluesner. Council Member Pratt moved approval and adoption of City" of Dubuque Sidewalk Inspection and Repair Policy. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich Heckmann. Pratt, Simon. Voetberg. Nays--None. Absent--Council Member Kluesner. ORDINANCE NO. 47-88 AN ORDINANCE AMENDING CODE OF ORDINANCES BY ENACTING A NEW SECTION 37-16 IN LIEU THEREOF AND CREATING A NEW SECTION 37-17 RELATING TO THE PAINTING AND REMOVAL OF TREES ON PUBLIC RIGHT OF WAY AND THE ESTABLISHMENT OF A Regular Session STREET TREE AND LANDSCAP- ING ON PUBLIC RIGHT OF WAY POLICY (1st reading given on 9~6~88 and 2nd reading given on 9-19-88), presented for fur~ber action. (OFFICIAL PUBLICATION) ORDINANCE NO. 47-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING .SECTION 37.16 AND ENACTING A NEW sEcTION 87.16 IN LIEU T~HEREOF AND CREAT- ING A NEW SECTION 37.17, RE- LATING TO THE PLANTING AND REMOVAL OF TREES ON PUBLIC RIGHT-OF-WAY AND THE ESTAB- LISHMENT OF A STREET TREE AND LANDSCAPING ON PUBLIC RIGHT-OF-WAY POLICY NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of ~he City of Dubuque, Iowa, be amend- ed by repealing Section 37.16. ~ Section 2. That the Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by adopting a new Section 37.16 thereof as follows: "Sec. 37.16. Planting and removal of trees; permission required. It shall be unlawful for any person, firm or corporation to plant or remove trees in the public right-of-way without the written permission of the City Manager or the City Manager's designee, and upon such terms and conditions as the City Manager shall require." Section 3. That the Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by adopting a new Section 37.I7 as follows: "Sec. 37.17. Street tree and landecap- lng on public right-of-way policy. The City Manager shall develop, with the approval of the City Council, a writ- ten street tree and landscaping on public righter-way policy which shall govern the planting, maintenance and removal October 3; 1988 335 of trees and shrabs in the public right- of-way." Passed, approved and adopted this 3rd day of October, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ~ Published officially in the Telegraph Herald' newspaper this 7th day of Oc- tober, 1988. Mary A. Davis City Clerk It 10/7 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council MemS'~r Simon. Carried by the following vote: Yeas--Cenncll Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--Mayor Brady. Absent--Council Member Kluepner, Council Member Pratt moved approval and adoption of the City of Dubuque Street Tree and Landscaping on public right-of-way policy. Seconded by Coun- cil Member Simon. Carried by the follow- lng vote: Yeas--Council Members Deich, Heckmenn, Pratt, Simon, Voetberg. Nays--Mayor Brady~ Absent--Council Member Kluesner. Con~munication from John J. Gantz Jr. President, Vendors Unlimited Corp. ob- jecting to City request to remove soft drink vending machines from parking ramps and Town Clock Plaza, presented and read. John Gantz spoke to the petition. Council Member Heckmaun moved that the communication be received and filed. Seconded by Council Membe~ Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann, Pratt, Simon, Voetberg. Nays--Council Member Deich. Abeent~ Council Member Kluesner. Communication of City Manager re- questin4~ City Council to reconfirm its earlier direction to remove soft drink vending machides from parking ramps and Town Clock Pla~a, resented and read. Council Member Heckmann moved 336 Re u~r Session that the communication be recelved and filed and reconfirmed earlier direction to remove vending machines. Seconded by Court,il Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Heckmann. Pratt. Simon. Voetberg. Nays--Council Mem- ber Defeh. Absent-Council Member Kluesner. Communication of City Manager re- questing Council clarification of the s~eps City staff should take regarding further work on a Freeway Corridor Planning. presented and read. Council Memhar Pratt moved that the communication be received and filed. Seconded,by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members De]ch, Heckmann. Pratt. Simon. Voetberg. Nays--None. Absent-Council Member Kluesner. Communication of City Manager sub- mitting responses received regarding Barge Fleeting and requesting direction presented and and read. Council Member Pratt moved that the communication 'be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members De]ch. Heckmanm Pratt. Voetberg. Nays-- ~ouncil Member Simon. Absent-- Council Member Kluesner. RESOLUTION NO. 294-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuqua Iowa. that the following having complied with the pre- visions of law relating to the sale of Cigarettes within the City of Dubuque. Iowa. be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Yen Ch]rig Restaurant Nu China. Inc. 926 Main St. Passed. approved and adopted this 3rd day of October. 1988. James E. Brady Mayor ATTES~ October 3. 1988 Mary A. Davis City Clerk Council Member De]ch moved adop- tion of the Resolution. Seconded by Council Member Simon, Carried by the following yore: Yeas--Mayor Brady, Council Members Dc]ch, Heckmann. Pratt. Simon. Voetberg, Nays--None. Absent--Council Member Kluesner, RESOLUTION NO. 295-88 WHEREAS Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and WHEREAS. The premises ~o be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond: NOW. THEREFORE. BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa. that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT West Side Athletic Club of Dubuque. Inc. 1755 Radford Rd, IAlso Sunday Sales! American Seafood Partners Long John Silver's Seafood Shoppe 1500 J.F.K. IAlso Sunday Sales} Passed. approved and adopted this 3rd day of October. 1988 James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member De]ch moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members De]ch, Heckmann. Pratt. Simon, Voetberg. Nays--None. Absent--Council Member Kluesner Regular Session RESOLUTION NO. 298-88 WHEREAS. Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and WHEREAS. The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have flied proper bonds: NOW THEREFORE. BE IT RE- SOLVED by the City Council of the City of Dubuqua Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s} a Liquor License. CLASS "B" iHOTEL-MOTEL~ BEER AND LIQUOR LICENSE Anthony A. and Betto O. Helling Dodge House Rest. 701 Dodge IAlso Sunday Sales} CLASS "C" ICOMMERCIALI BEER AND LIQUOR LICENSE The Ground Round, Irc 50 J.F,K. IAlso Sunday Sales} Elaine Kelly Coach House Hwy. 20 West Eugene L. Kopp Gene's 1641 Asbury ~Also Sunday Sales] Judith M. Sandidge The Pomp 1301 Rhomberg Passed, approved and adopted this 3rd day of October 1988, James E. Brany Mayor ATTESq! Mary A. Davis City Clerk Council Member Da]ch moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members De]ch. Heckmann th-att, Simon. Voetharg. Nays--None. Absent--Council Member Kluesner. October 3. 1988 337 Printed Council Proceedings for the month of March. 1988. for Council ap- proval, presented and read. Council Member De]ch moved that the minutes be approved as printed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Con]mil Members Deich. Heckmann. Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. MINUTES SUBMITTED: Cable Community Telepregramming of 9-6-88: Civil Service Comm. of 5-16: Electrical Examining Ed. of 9-19: Human Rights Comm. of 9-12: Five Flags Comm. of 9-i9: Transit Trustee Ed, of 9-8. presented and read, Council Member De]ch moved that the minutes be received and filed. Seconded by CoUncil Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members De]ch, Heckmann. Pratt. Simon. Voetberg. Nays--None. Absent--Council Member Kluesner. NOTICES OF CLAIMS/SUITS: Greg & Jennifer Anderson in es~, amt. of $772,:[3 for car damages; Dubuque Policemen's Protective Assn. before PERB Board submitting prohibited practice complaint; Carolyn Foht in amt. of $300 for personal injuries: Bernard Fox in amt. of $117.38 for car damages; Leo Lynch in amt. exceeding $5000 for personal injuries: Christopher McGhee by his parents David & Alice McGhee exceeding amt, of $3000 for personal juires: Herman Nauman before Job Ser- vice Employment Appeal Bd. regarding request for leave to present additional evidence: Mark Wilson in amt. of 8380.40 for vehicle damages, presented and read, Council Member De]ch moved that the claims and suits b~ referred to the Legal Staff or investigation and report. Seconded by Council Member Pratt. Car- ried by the renewing veto: Yeas--Mayor Brady, Council Members Deice Heck- mann. Pratt. Simon. Voetberg. Nays-- None. Absent--Council Member Khies. ncr. Proof of publication, ce?tiffed to by the Publisher. on List of Claims paid for month of Jniy, 1988, presanred and read. 338 Council Member De[ch moved that the preof be rdceiVed and filed. Seconded by Council Member, Pratt. Cm. ried by the following vote: Yeas--Mayor Brady, Council Members~ De[ch, Heckmann~ Pratt, Simon,-Voetberg. Nays--None. Absent--Council Member Klusener. Conununicatinn of City Manager sub- mitting Financial Reports for the month of August, 1988, presented and ~ead. Council Member De[ch moved that the communication be received and filed. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Delch, Heck~ mann, Pratt, Simon, Voetberg. Nays-- None. Absent--Council Member Klues- her. Iowa Dept. of Transportation submit- ting Notice of Appraisement of damages and time for appeal for properties owned by Reber~ and Ruth Ann Kueld and Con- lan Bldg. Co., presented and read. Council Member Deich moved that the Notice be received and filed. Seconded by Council Member Pratt. Corried by the following vote: Yeas--Mayor Brady, Council Members De[ch, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kinesner. Communication of Community Plan- ning and Development I~ivision of I~UD advising the City of Dubuque has com- plied with applicable program regula- tions of the revised Grantee Performance Report (GPR), presented and read. Council Member De[ch moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Dc[ch, Heck- n~ann, Pratt, Simon, Vcetberg. Nays-- None. Abeent--Council Member Klues- Petition of Dean Brady of Jeld Wen, Inc. requesting addition to their build- ing, presented and read. Council Member Dc[ch moved that the petition be referred to City Staff. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch~ Heckmann, Session, October 3, 1988 Pratt. Simon, Voetberg. Nays--Non~ Absent--Council Member Kinesner. Petition of Unique Boutique re- questing a Mansard Roof to extend par- tially over the sidewalk and along the en- tire front of the building which is located at 2230 Central Ave., pre~ented and read. Council Member Deich moved that the e referred to City Staff. Second- ed by Councll Member Pratt, Carried by the following vote: Yeas--Mayor Brady, Council Members De[ch, Heckmann, Pratt, Simon. Voetberg~ Nays--None. Absent--Council Member Kluesner. REFUNDS REQUESTED: Dubuque Jaycees, $225 on unexpired Beer Permit; Sifts Beverage Store, $37 on unexpired Beer Permit, presented and read. Council Member De[ch moved that the refunds be approved and Finance Direc- tor to issue proper check. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Brady. Councll Members De[ch, Heckmann, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Kluesner. 11:27 p.m. Council Member Pratt mov- ed that they gu into Cinsed Session to discuss strategy with counsel in matters that are presently in litigation or where litlgation is imminent where its dis- would be likely to prejudice or disadvantage the position of the govern- mental body in that litigation. Second- ~ed by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members De[ch, Heck- mann, Pratt, Simon, Voetberg. Nays-- None. Absent--Council Member Kfues- 11:39 p.m. Council reconvened in Regular Session. Council Member Voetberg moved that the Corporation Counsel be authorized to sign documents in Water Plant lawsuit. Seconded by Council Member De[ch. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Pratt, Simon, Voetberg. Nays--Nan~ Absent--Council Member Kluesner. There being no further business, Coun- cil Member Voetberg moved to adjourn Regular Session, October 3, 1988 the meeting. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members De[ch. Heckmann, Pratt, Simon, Voet- berg. Nays--None. Absent--Council Member Kluesner. Meeting adjourned at 1~:39 p.m. Mary A. Davis City Clerk Approved 1989 Adopted ~ 1989 Mayor Council Members ATTES~ City Clerk 339 Board of Health October 17, 1988 34O BOARD OF HEALTH OFFICIAL Regular Quarterly Meeting, October 17, 1988 Board met at 7:25 p.m., at the Public Library Auditorium. Present: Chairperson Brady, Board Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Absent--Board Member Simon. Chairperson Brady read the call and stated this is the REGULAR QUAR- TERLY MEETING OF THE BOARD OF HEALTH called for the purpose to act upon such business which may pro- perly come before the Board. There being no business, Board Mem- ber Kluesner moved.to adjourn the meeting. Seconded by Board Member Deich. Carried by the following vote: Yeas--Chairperson Brady, Board Mem- bers Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Bo~rd Member Simon. Mary A. Davis Secretary, Board of Health Approved .1989 Adopted 1989 Chairperson, Board of Health Board Members ATTEST:. Secretary. Board of Health Regular Session CITY COUNCIL OFFICIAL Regulm' Session, October 17, 1988 Council met at 7:30 p.m., at the Public Library Auditorium· Present--Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Member Simon. Mayor Brady read the call and stated this is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. Stanley Kennedy, Pastor of St. Luke's United Methodist Church. PROCLAMATION(S): October 20 as "Credit Union Day"; Month of Novem- ber as "Alzheimer's Disease Public Awareness Month"; Week of November 6-13 as "Remembrance of the Night of Pogroms"; Week of November 7-13 as "Radiaiogic Technology Week" received by Janet Swift. Proof of publication, certified to be the Publisher, on Notice of Intention to issue VARIABLE RATE DEMAND REVE- NUE BONDS SERIES 1988 (JELD- WEN, Inc. Project) in an amount not to exceed $8.500,000, presented and read. No written objections were received and no oral objectors present· Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt· Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Member Simon· Council Member Kluesner moved to suspend the rules to allow anyone pre- sent to address the Council· Seconded by Council Member Pratt. Carried by the :following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, October 17, 1988 341 Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 297-88 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF VARI- ABLE RATE DEMAND REVENUE BONDS (JELD-WEN, INC. PROJECT) OF THE CITY OF DUBUQUE, IOWA, IN AN AGGREGATE PRINCIPAL AMOUNT OF $7,500,000; THE EXECUTIO~ AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS, THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH JELD-WEN, INC. AND THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS RELATING THERETO WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuex"). is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1987, as amended (the "Act"), to issue revenue bonds for the purpose of financing the cost of acquir- ing, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facili- ty of a company that does multlstato business; and WHEREAS, the Issuer has made the necessary arrangements with JELD- WEN, Inc. (the "Company"), an Oregon Corporation, for the acquisition and in- stallation of all machinery, equipment and improvements needed for two fiber press lines to manufacture wood panals used in doors for the Company's existing manufacturing facilities (the "Project"), located at 250 East 8th Street and 300 East 9th Street within the corporate boundaries of the Issuer; and WHEREAS, it is necessary and ad- visable that provisions be made Ion the zssuance of Variable Rate Demand 342 Regular Session October 17, 1988 Revenue Bonds, Series 1988 (JELD- WEN, Inc. Project), of the Issuer in an aggregate principal amount of $7,500,000 (the "Bonds") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bonds to the Comp~n~ pursuant to the provisions of a Loan Agreement dated as of October 1, 1988 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, notice of intention te issue the Bohds has been published and tbis Council has conducted a public hear- ing pursuant to such published notice, all as required by the Act and Section 103(k) of tbe Internal Revenue Code, and has determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Bonds will be sold to institutional investors and other entities and/or individuals who customarily pur- chase tax exempt securities in large denominations (the "Purchasers") as pro- vided in a Placement Agent Agreement (the "Placement Agent Agreement") among tlie Issuer, the Company, and Security Pacific Merchant Bank and Rainier National Bank (the "Placement Agents"); NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE ISSUER, AS FOLLOWS: Section 1. In order to finance the cost of the Project, Variable Rate Demand Revenue Bonds, Series 1988 (JELD- WEN, Inc. Project) of the Issuer in an aggregate principal amount of $7,500,000 (the "Bonds") be and the san~e are hereby authorized and ordered to be issued by the Issuer pursuant to an.indenture of Trust in substantially the form presented to and considered at this meeting {the "Indenture") and contain- ing substantially the terms and provi- sions set forth therein, and the Mayor ~u~d City Clerk are hereby authorized and directed to execute and deliver the In- denture; it is the intent hereof that the Bonds be issued to bear interest at an altial Variable Interest Rate of not to ex- ceed 7V~ per annum such initial Variable Interest Rate wltbin the foregoing limit to be determined in accordance with the Indenture at the time of sale of the Bonds and reflected in tbe final drafts of the Indenture, the Bonds, and the final Placement Memorandum herein- after referred to. Section 2. The Issuer shall loan to the Company the proceeds of the Bonds pur- suant to a Loan Agreement in substan- tially the form presented to and con- sidered at this meeting (the "Loan Agreement") and containing substantial- ly the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby authorized and directed to execute and deliver the Loan Agree- Section 3. The placement and sale of the Bonds to the Purchasers pursuant to the Placement Agent Agreement in substantially the form presented to and considered at this meeting and contaln- lng substantially the same terms and provisions set forth therein is hereby authorized, approved and confirmed, and the Mayor and the City Clerk are hereby authorized and directed to execute and deliver the Placement Agent Agreement. Section 4. The Bonds will be remarketed from time to time in actor- dance with their terms and pursuant to a Remarketing Agreement (the "Re- marketing Agreement") among the Issuer, the Company and Security Pacific Merchant Bank (the "Ramarket- ing Agent") in substantially the form presented to and considered at this meeting and containing substantially the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby authorized and directed to execute and deliver the Remarketing Agreement. Section 5. The use by the pincement Agents of the preliminary Placement Memorandum relating to the Bonds is hereby approved and the Placement Agents are hereby autborized to prepare and use a final Placement Memorandum substantially in the form of the Pre- hminary Placement Memorandum with such changes therein as are required to Regular Session conform the same to the terms of the Bonds, the Indenture and the Loan Agreement, and the Mayor is authorized and directed to execute the final Place- ment Memorandum; provided that ~his authorization shall not be deemed to ira- ply review or approval of information contained in the Preliminary Placement Me~norandum or the final Placement Memorandum by the Issuer except for information and statements set forth under "The City" and "Absence of Litigation" therein. Section 6. The Issuer hereby elects to have the provisions of Section 144(a) of the Internal Revenue Code of 1986, as amended, apply to the Bonds. Section 7. That the Mayor and the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and~ ail things deemed necessary to effect the issuance and sale of the Bonds and the execution and delivery of the Loan Agreement. the Indenture, the Placement Agent Agreement, the final Placement Memorandum and the Re- marketing Agreement, and to carry out the intent and purposes of this Resolu- tion, including the preamble hereto; the Office of the City Attorney is hereby authorized and directed to assist in the final preparation and drafting of such documents and to approve any revisions thereto and the execution by the Mayor and, if required, the City Clerk, of the Bonds, the Indenture, the Loan Agree- ment, the Placement Agent Agreement. the final Placement Memorandum and the Remarbeting Agreement with the approval of the Office of the City At- tornay shall constitute conclusive evidence of their approval and this City Council's approval thereof and of any and all changes, modifications, additions or deletions therein from the respective forms thereof now before this meeting. Section 8. The provisions of this Resolution are hereby declared to be severable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 9. All resolutions and parts thereof in conflict herewith are hereby October 17, 1988 343 repealed to the extent of such conflict. Section 10. This Resolution shall become effective immediately upon its passage and approval. Pass~d, approved and adopted this 17th day of October, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Couheil Members Deich, Heckmann, Klueener, Pratt, Veetberg. Nays--None. Aheent--Councll Member Simon. Communication of Planning and Zon- ing Commission advising of their ap- proval regarding allowance of fences in Historic Districts in excess of the height limitations, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas--Mayor Brad~ Council Members Deich, Heckmann, Kineener, Pratt, Voetherg. Nays--None. Absent--Council Member Simon. An ORDINANCE Amending Appen- dix A of the Code of Ordinances, also known as the Zoning Ordinance of the City of Dubuque, Iowa. by enacting a new Section 2-8.1 in lieu thereof to allow fences in Historic Districts in excess of the height limitations as a Conditional Use, presented and read, Council Member Pratt 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 couneil 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 7th day of November, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner proscribed by law. Seconded October 17, 1988 345 344 Regula~ Session. by Council Member tteckmann. Carried by the fallowing vote:'Yeas--Mayor Brady, Council Members Deich. Heck- mann, 'Kluesner; 'Pratt. Voetberg. Nays--None. Absent--Coancll Member Simon. Petition of Attorney Brian Kane. on behalf of HRW Associates. requesting Council to reconsider the action taken at the Council meeting of October 3, 1988 regarding rezoning along Keyway Dr, presented and read. Council Member Deich moved that tile petition be received and filed. Seconded by Council Member Heckmann,'C~ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck- mann. Kluesner. Pratt Voetberg. Nays--None, Absent--Council Member Simon. Attorney Brian Kane for HRW Associates requested the Council to reconsider their denial of a second ceading, and stated that HRW is willing cc work with the Staff for presentation at the meeting of No~ 7. Council Member Voetberg moved that the Council reconsider their action on chis matter. Seconded by Council Mem- ber Pratt. Carried by the following var~: Yeas--Mayor Brady, Council Members Deich. Heckmann, Kin~sner, Pratt. Voetberg. Nays--None. Absent--Council Member Simon Council Member Pratt moved that they table a motion until the developer resubmits specific plans of the area. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady. Council Members Deich. Heckmanr-. Kluesner, Pratt. Voetberg. Nays--None. Absent--Council Member Simon Petition of Jean Becket containing approx. 393 s~gnamres requesting Coun- cil consider changing date and time for iGalloween "Trick 02 Treat": Stfld~nts of the 6th Grade at Hoover School submit- ting their thangh~s regarding Halloween "Trick or Treat". presented and read. Jean Becket and several youngsters addressed the petition, requesting Hollo- ween ~ime be changed. October 17. 1988 Council Member Deich moved that the petitions and communicattens be re- ceived and filed. Seconded by Council Memher Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich. Heckmann~ Kinesner~ Pratt. Voetberg. Nays--None. Absent--Council Member Simon, Mayor Brady recommended changing the hours of Trick or Treat on October 30th from 4 p.m. ;o 7 p,m. Council Member Pra;; moved that the hours for Halloween "Trick or Treat" be changed to 4 p.m. to 7 p.m, on Sunday. Oct. 30. Seconded by Council Member Kluesner, Carried by the following vo~e: Yeas--Mayor Brady, Council Members Deich. Heckmann, Kluesner. Pratt. Voetberg. Nays--Nong Absent--Council Member Simon. Communication of City Manager on behalf of Joint E911 Service Board. re- questing the City Council to encourage "YES" Vote on November 8th for a 25 cen~ monthly surcharge on telephone bills ~o help pay for E911 ~oscs pre- sented and teed. Council Member Kluesner xnoved that the communication be received and filed and Council to go on record to encourage "Yes" vote at Nov. 8th election. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Heckmann Kluesner, Pratt, Voetberg. Nays--None Absent--Council Member Simon. Communication of City Manager sub- tarring an Ordinance relating m Civil Penalties. presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich Heck- mann, Ktoesnm; Pratt Voetberg. Nays--None, Absent--Council Member Simon, ORDINANCE NO. 48-88 AN ORDINANCE AMENDING THE CODE OF OR~)INANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 1-16~a~ Regular Session THEREOF RELATING TO VIOLA- TIONS, PENALTIES, AND ALTER- NATIVE RELIEF AND ADOPTING THE FOLLOWING NEW SECTION 1-16(a) RELATING TO VIOLATIONS. PENALTIES AND ALTERNATIVE RELIEF, p~sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 48-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUB.UQUE, IOWA, BY REPEALING SECTION 1-16(a) THEREOF RELATING TO VIOLA- TIONS, PENALTIES, AND ALTER- NATIVE RELIEF AND ADOPTING THE FOLLOWING NEW SECTION 1-16(a) RELATING TO VIOLATIONS. PENALTIES AND ALTERNATIVE RELIEF NOW, THEREFORE, BE iT oil. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by repealing Section 1-16-(a) Viola- tions, Penalties and Alternative Relief. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adopting the following new Sec- tion 1-16(a) Violations, Penalties and Alternative Relief. "(a) A municipal infraction is punishable by a civil penalty as provid- ed in the following schedule, unless a specific schedule of civil penalties is pm- vided for specific offenses elsewhere in the Code. Schedule of Civil Penalties First Offense -- Not less than $20.00 nor more than $50.00 Second Offense -- Not lees than $50.00 nor more than $100.00 All Other Repeat Offenses -- Not less than $100.00 nor more than $200.00." Passed, approved and adopted this 17th day of October, 1988. JoShes E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of Oc- tober, 1988. Mary A. Davis City Clerk it 10/24 Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- bet Pratt, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Council Member Heckmann requesting review of the need for site plans or other similar controls pertaining to filling lots in residential zoned neighborhoods, presented and Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delcb, Nays--None. Absent--Council Member Simon. Council Member Heckmann moved further to direct the City Agency to con- trel filling areas in the City and to review lng lote in City of Dubuque when review- ing subdivision ordinance. Seconded by Council Member Kineaner. Carried by Council Members Deich, Heckmaun, Absent--Council Member Simon. Communication of Council Member Heckmann requesting designation of the block bounded by First and Second an Urban Revitalization District eligible Council Member Pratt moved that the communication be received and filed. 346 Re_~gular Sessior October 17. 1988 Seconded by Council Member Heck- mann Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Heckmanm Khiesi~er, Pratt Vcetberg. Nays--None. Absent--Council Member Simon. Communication of Historic Preserva- tion Commission requesting approval from City Council to conaider nominating the entire Eagle Point Park to the Na- tional Historic Places. presented and Council Member Kluesner moved that the communication be received and filed and refcrred to the Park and Recreation Comfalsaion for follow-up Seconded by Councal Member Deich, Carried by the te]lbwing vote: Yeas--Mayor Brgdy, Council Members Dalch. Heckmann Kluesner. Pratt. Voetberg: Nays--None, Absent--Council Member Simon. Communication of City Manager ap- proving request 6f 'Jeld~Wen Fiber Pro- ducts of IA to construct a building enclosure, presented and read. Council Member moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich. Heckmann, Kluesner, Pratt. Veetberg. Nays--None. Abeen~--Council Member Simon. ORDINANCE NO, 49-88 AN ORDINANCE AUTHORIZING JELD-WEN FIBER PRODUCTS OF IOWA 250 EAST 8TH STREE~[- A BIJILDING ENCLOSURE WITHIN THE PUBLIC RIGHT-OF-WAY ON JACKSON STREET. presented and read. IOFFICIAL PUBLICATION) ORDINANCE NO. 49-88 AN ORDINANCE ~kUTHORIZING JELD~WEN FIBER PRODUCTS OF IOWA. 250 EAST 8TH STREET TO CONSTRUCT A BUILDING ENCLO- SURE WITtIIN THE PUBLIC RIGHT -OF-WAY ON JACKSON STREET NOW.. THEREFORE. BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Jeld-Wen Fiber Pro, ducts as owners of the premises known as 250 Easl 8th Street. Dubuque. Iowa and legally described as City Lot 403 be and they are hereby granted the revocable permit and authority to con- struct and maintain a building enclosure and underground pit under the terms and conditions sec forth in this Ordinance. Section 2, That such construction shall be done ~n accordance with plans heretofore submitted by permitters and approved by the City Manager. under the supervision and direction of the City Manager, and in accordance with all ap- plicable state and federal laws and regula- tions, and the Ordinances of the City of Dubuque. Section 3. That the permlsaion herein granted is expressly conditioned on per- mittees' agreement to: al Assume any and all ]lability for damages ;o persons or property which may result from the existence, location, installation, construction or maintenance of said building enclosure and underground pit; b) Pay on behalf of the City of Du- buque, all sums which the City of Du- buque shall become obligated to pay~by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence construction or maintenance of said building enclosure and underground pit sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Du- buque arising an; of the location, installa- tion, existence, cons;ruction or maintenance of the building enclosure and underground pit and ~o pay reasonable attorney fees therefore: and cl Indemnify, defend and hold the Ci- ty of Dubuque free and harmless from any and all claims, loss. liability and ex- pense for death andior injuries to third persons or damages ;o property of third persons, or for damage to any proper~y of the City of Dubuque which may occur as a result of or in connection with the kication, installation, construction, Regular Session maintenance and repair of the facility, work or improvement perteitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittoes' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their suc- cessors in interest, as owners of the abut- ting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at thefr own ex- pense, remove said building enclosure and underground pit and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said building enclosure and underground pit at permittses' expense and dispose of the same,, and the permitter shall have no claim against the City or its agents for damsges resulting from the removal of said building enclosure and underground pit. Section 5. That permitters convenant and agree that the revocable permit herein granted does not constitute an ap~ proval of the design, erection, location, construction, repair or malntenenace of said facility and said permittees hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for degth, personal injuries and/or proper- ty damage against the permittees aris- lng out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Jeld-Wen Fiber Products of Iowa when this Ordinance has been adopted by the City Council and the terms and condi- tions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this 0~ dinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of October, 1988. James E. Brady Mayor October i7, 1988 347 kTTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 4988 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 49-88 hereby, for themselves, their successors or assigns, ~s owners of the abutting property, ac- cept the same and agree to be bound by the conditions and agreements therein contained to be performed by permitters. Dated: 10/19/88 By: s/Peter T. Ttiolo Vice President Published officially in the Telegraph Herald newspaper this 24th day of Oc- tober, 1988. Mary A. Davis City Clerk It 10/24 Council Member Pratt moved that this be considered 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 md further moved final adoption of the Ordinance. Seconded by Council Member V~etberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Member Simon. Communication of City Manager ap- proving request of Hartig Drug Store to construct a roof/soffit which will overhang the public right-of-way of Locust St., presented and read. Council Member Voetberg moved that he communi~ation be received and filed. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. ORDINANCE NO. 5~88 348 Regular Session October 17, 1988 AN ORDINANCE AUTHORIZING RICHARD HARTIG TO CONSTRUCT A ROOF-SOFFIT PROJECTION OVER THE CITY SIDEWALK LOCATED AT 2ND AND LOCUST STREET. presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 50-88 AN ORDINANCE AUTHORIZING RICHARD HARTIG TO CONSTRUCT A ROOF/SOFFIT PROJECTION OVER THE CITY SIDEWALK. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Richard Hartig, as owner of the premises known as Hartig Drug ~tore, 2nd & Locust Street. Du- buque; Iowa, a~d 19gaily desctibed as city lots 117 & 1i8 be and they are hereby granted the revocable permit and authority to construct and maintain a fixed roof/soffit projection under the terms and conditions set forth in this Ordinance. Sectaon 2. That such construction shall be done in accordance with plans l~ereto~ore submitted and approved by the City Manager, u~der the supervision qnd directi°n of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinanoes'~of the City of Dubuque. Section 3'. That the permission herein granted is expressly conditioned on per- mittees' agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said rouf/projection; b) Pay on behalf of the City of Du- buque,~ all sums which the City of Du- buque shall, become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any k~d resulting from the location, installation, existence; construction or maintenance of said roof/projection sustained by any pe~ son or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of the rouf/projection and to pay reasonable at- torney fees therefore; and c) Indemaify, defend and hold the City of Dubuque flee and harmless from any and all claims, loss, liability and ex- pense for death and]or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permlttees, or their suc- cessors in interest, as owners of the abut- ting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own ex, pease, remove said roof/projection and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said roof/projection at permJttees' ex- pense and dispose of the same, and the permittee shall have no claim against the City or its agents for d~waages resulting from the removal of said roof/projection. Section 5. That permittees convenant and agree that the revocable permit herein granted does not constitute an ap- proval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and]or proper- ty damage against the permittees aris- ing out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Richard Hartig when this Ordinance has been adopted by the City Council and the terms and conditions thereof ac- cepted by permittees by acceptance en- dorsed on this Ordinance. ReguLar Session Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this Or- dinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of October, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Cl?k ACCEPTANCE OF ORDINANCE NO. 50-88 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 50-88 hereby, for themselves, their successors or assigns, as owners of the abutting property, ac- cept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. Dated: October 17, 1988 By: s/Richard Hartig President Published officially in the Telegraph Heraid this 21st day of October, 1988. Mary A. Davis City Clerk It 10/21 Council Member Voetberg 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 whcib it is to be finally adopted be suspended and further moved finai adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Dalch, tteckmann, Kluesner, Pratt, Vcetberg. Nays--None. Absent--Council Member Simon. Communication of City Manager ap- proving request of Unique Boutique to construct a canopy overhanging the public right-of-way at 2230 Central Ave.. presented and read. Council Member Heckmann moved October 17, 1988 349 that the communication be received and filed. Seconded by CounCil Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Heckmann, Kluesner~ Pratt, Voetberg. Nays--None. Absent--Council Member Simon. ORDINANCE NO. 51-88 AN ORDINANCE AUTHORIZING UNIQUE BOUTIQUE TO CON- STRUCT A MANSARD ROOF ON WEST SIDE OF BUILDING 55' LONG, 48" WIDE, 8V~ FEET ABOVE SIDEWALK. presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 51-88 AN ORDINANCE AUTHORIZING UNIQUE BOUTIQUE, BRUCE HEITZ, 2230 CENTRAL TO CON- STRUCT MANSARD ROOF ON WEST SIDE OF BUILDING 55I LONG, 48" WIDE, 8V2 FEET ABOVE SIDEWALK NOW. THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Bruce and Mary Lou Haltz (husband & wife), as owners of the premises known as Urdque Boutique, 2230 Central Ave., Dubuque, lA 52001 and legally described as Lot 2-1-4D L.H. Langworthy's addition Lot 2 of 4D and Lot 2 of 6F in L.H. Langworthy's addi- tion be and they are hereby granted the revocable permit and authority to con- struct and maintain Mansard Roof under the terms and conditions se~ forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittoes and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all ap- plicable state and federal laws and regula- tions, and the Ordinances of'the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on per- mlttees' agreement to: a) Assume any and all liability for '350 Regular Session October 17, 1988 damages to persons or property which may res~al~ from~ the ex!stence, location. installation, construction or maintenance of sa/d Mansard Roof; b) Pay on behalf of the City of Du- buque, all sums which the City of Du- buque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the iocation, installation, existence, construction or maintenance of said Mansard Roof susta'med by any per- son or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of Mansard Roof and to pay reasonable attorney fees therefore; and c) Indemnify, defend and hold t~e City of Dubuque free and harmless from any and all claims, loss, liability and ex- pense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Coundd, permittees, or their suc- cessors in interest, as owners of the abut- ting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own ex- pense, remove said Mansard Roof and hi the event of their failure so to do, the City of Dubuque shall be authorized to remove said Mansard Roof at permlttees' ex- pense and dispose of the same, and the permiteee shall have no claim against the City or its agents for damages resulting from the removal of said Mansard Roof. Section 5. That permittees convenant and ogree that the revocable permit he~e'm granted dcas not constitute an approval of the design, erection, location, construc- tion, repair or maintenance of said facility and said permittees hereby convonant and agree not te assert such claim or defense against the City of Dubuque in the event of claim asserted for death, per- sonal injuries and/er property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. Tb/s Ordinance shall become effective and the rights hereunder accrue to Unique Boutique when this Ordinance has been adopted by the City Council and the terms and conditions thereof ac- cepted by permittees by acceptance en~ domed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense, a copy of this Or- dinance in the office of the Recorder in and for Dubuque County. Iowa. Passed, approved and adopted this 17th day of October, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 51-88 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 51-88 hereby, for themselves, their successors or assigns, as owners of the abutting property, ac- cept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. Dated: 9/20/88 By: s/Burce J. Haltz Property Owner Published officially in the Telegraph Herald newspaper this 21st day of Oc- tober. 1988. Mary A. Davis City Clerk Council Member Heckmann moved that this be considered tbe first reading of the Ordinance, and that the require- ment that a proposed Ordinance be Regular Sessior 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 adop, tion of the Ordinance. Seconded by Coun- cil Member Voetberg. Carried by the following vote: Yeas--Meyer Brady, Council Members Deich, Heckmann Kluesner, Pratt, Voetberg. Neys--None. Absent--Council Member Simon. Communication of City Manager ap- proving request of Interstate power Co. to construct portions of a building on public right-of-way presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voctberg. Neys--None. Absent--Council Member Simon. ORDINANCE NO. 52418 AN ORDINANCE AUTHORIZING INTERSTATE POWER CO. (1000 MAIN ST.) TO CONSTRUCT A ONE STORY BUILDING WITH FULL BASEMENT, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 52-88 AN ORDINANCE AUTHORZING IPC DEVELOPMENT CO, 1000 MAIN STREET. DUBUQUE, IA 52001 TO CONSTRUCT A ONE STORY BUILDING WITH FULL BASE- MENT NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That IPC Devalopment Co. as owners of the premises known as Lot 38 Dubuque, Iowa, and legally described as Lot 38 be and they are hereby granted the revocable permit and authority to construct and maintain a one story building including full basement to match existing building at 1000 Main Street. Proposed building would encroach from 4~/2" on the southwesterly comer te 9V~" on the nocthwesterly corner and from 7V2" on the southeasterly comer to 9V2" on the northeasterly corner on city , October 17, 1988 ' 351 property under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all ap- plicable state and federal laws and regula- tions, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on per- mittees' agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said one story building including full baspmeri~; b) Pay on behalf of the City of Du- buque, all sums which the City of Du- buque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said one story building sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of said building and to pay reasonable attorney fees therefore; and c) Indemnify, defend and hold tho Ci- ty of Dubuque free and harmless from any and all claims, loss, liability and ex- pense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with tho location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon )ermittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their suc- cessors in interest, as owners of the 3~ Regular Sessio~ October 17. [988 abutting property, shall within ten [10) days after receipt of written notice from the City Manager, so to do. at their own expense, remove said building and in the event of their failure so do to. the City of Dubuque shall be authofized to remove said building ar permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its egente for damages resulting from the removal of said building. Section 5. That permittees convenant and agree that the revocable permit herein granted does not constitute au provai of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby convenant and agree not ~o assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or proper- ty dmnage against the permittees aris- ing out of or in any way connected with the location, installation, construction, design, repair and, maintenance of the facility herein permitted. Section 6, This Ordinance shall become effective and the rights hereunder accrue to IPC Development Co. when this Or- dinance has been adopted by the City Council and the terms and conditinn~ thereof accepted by pbrmittees by accep- tance endorsed on this Ordinance. This Ordinance shall be terminated ninety (90) days after adoption or sooner if proper- ey is deeded to Interstate Power Com- pany by the City. Section 7. That the City Clerk be and she is hereby authorized and directed to file at permittoes' expense a copy of this Ordinance in the office of the Recorder in and for Dubuque County, Iowa. Passed. approved and adopted this 17th day of October, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 52-88 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 52-88 hereby, for themselves, their successors or assigns, as owners of the abutting property. cept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees, Dated: Oct. 12 1988 By: s/Alfred D. Cordes President or Vice-President or Property Owner By: s/R.L. Schreiber Secretary or Other Officer Published officially in the Telegraph Herald newspaper this 20th day of Oc- tober, 1988. Mary A, Davis City Clerk it 10/20 Council Member Heckmann moved that this be considered the first reading of the Ordinance. and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage ae two council meetings prior to the meeting at which it is ~o be finally adopted be suspended and furtbe~ moved final adop- tion of the Ordinance. Seconded by Coum cil Member Voetberg. Carried by the fofiowing vote: Yeas-Mayor Brady, Council Members Deich. Heckmann. Kinesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Corporation Counsel submitting Ordinance regarding "Rules of Construction" in order ~o con- form with the City Code to State Law. presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Heck- mann Carried by the following vo~e: Yeas--Mayor Brady, Council Members Deinh. Heckmann. Kinesner~ Pratt. Voetberg. Nays--None, Absent--Counckl Member Simon. ORDINANCE NO. 53-88 AN ORDINANCE AMENDING TFiE CITY OF DUBUQUE, CODE OF OR- DINANCES BY REPEALING IN SEC. 1-2. "RULES OF CONSTRUC- TION'' THE UNNUMBERED PARA- I GRAPH "COMPUTING TIME: Regular Session LEGAL HOLIDAYS" AND SUBSTI- TUTING IN LIEU THEREOF A NEW UNNUMBERED PARAGRAPH "RULES OF CONSTRUCTION, COM- PUTING TIME; LEGAL HOLI- DAYS.'', presented and read. IOFFICIAL PUBLICATION) ORDINANCE NO. 53-88 AN ORDINANCE AMENDING THE CITY OF DUBUQL~E, CODE OF OR- DINANCES BY REPEALING IN SEC. 1-2 "RULES OF CONSTRUC- TION'' THE UNNUMBERED PARA- GRAPH "COMPUTING TIME; LE- GAL HOLIDAYS" AND SUBSTITU- TING IN LIEU THEREOF A NEW UNNUMBERED PARAGRAPtt "RULES OF CONSTRUCTION, COM- PUTING TIME; LEGAL HOLI- DAYS.'' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Sec. 1-2 of the City of Du- buque Code of Ordinances is mnended by repealing the unnumbered paragraph "Computing Time: Legal Holidays." Section 2. Sec. 1-2 of the City of Du- buque. Cede of Ordinances is amended by adding the following new unnumbered paragraph: Computing time--legal holidays. In computing time. the first day shall be ex- cinded and the last included, unless the last falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday. However. when hy the provi- sions of a statute or rule pre~ribed under authority of a statute, the last day for the ceedinge, the filing of a pleading or mo- tion in a pending action or proceedings, or the perfecting or filing of an appeal from the decision or award of a court, board, commission, or official falls on a Saturday, a Sunday, the first day of January, the third Monday in January, the twelfth day of February, the third Monday in February, the last Monday in May, the fourth day of July, the first Monday in September. the eleventh day of November the fourth Thursday in November. the twenty-fifth day of October 17, 1988 353 December, and the following Monday when any of the foregoing named legal holidays fall on a Sunday, and any day appointed or recommended by the gover- nor of Iowa or the president of the United States as a day of fasting or thanksgiv- ing, the time shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday named in this subsection. Section 3. This Ordinance shall take el- feet immediately upon its publication as provided by law. Passed, approved and adopted this 17th day of October, 1988. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of Oc- tober, 1988. Mary A. Davis City Clerk It 10/24 Council Member Klue~ner 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 Heckmann. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kinesner, Pratt, Voetberg. Nays--None. Absent-- Council Member Simdn. Communication of Corporation Counsel submitting Ordinance to correct a typographical error that appears in the current Airport Zoning Regulations Or- dinance, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Membars Deich, Heck- mann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. 354 Regular Session October 17, 1988 ORDINANCE NO. 54-88 AN ORDINANCE AMENDING THE ~ITY OF DUBUQUE. CODE OF OR- DINANCES BY REPEALING IN SECTION 4-63 DEFINITIONS. THE UNNUMBERED PARAGRAPH "STRUCTURE" AND BY ADOPTING A NEW UNNUMBERED PARA- GRAPH ~'STRUCTURE" RELATING TO AIRPORT ZONING REGULA- TIONS, presented and read. (OFFICIAL PUBLICATION~ ORDINANCE NO. 54.88 AN ORDINANCE AMENDING THE CITY OF DUBUQUE, CODE OF .OR- DINANCES BY REPEALING IN SECTION 4-63 DEFINITIONS. THE UNNUMBERED PARAGRAPH "STRUCTURE" AND BY ADOPTING A NEW UNNUMBERED PARA- GRAPH "STRUCTURE" RELATING TO AIRPORT ZONING REGULA- TIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF. DU- BUQUE, IOWA: Section 1, Sec. 4~63 of the City of Du- buque, Cede of Ordinances is hereby amended by repealing unnumbered paragraph "Structure," Section 2. Sec. 4-63 is hereby amend- ed by adding the following new un- numbered paragraph: "S~ruc~ure means any object con- s~ructed or installed by humans, in- cluding, but without limitation. buildings, ~owexs, smokestacks, and overbead transmission lines, including the poles or otber structures supporting Section 3. This Ordinance shall take ef- fect immediately upon its publication as provided by law. Passed. approved and adopted this 17th day of October, I988. James E. Braay Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of Oc- tober. 1988. Mary A. Davis C~ty Clerk it 10/24 Council Member Pratt moved that this be considered the first reading of the Or~ dinauce, and that the requirement that a proposed Ordinance be considered and voted on for passage at ~wo 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 Kl~esner, Carried by the following vo~e: Yeast-Mayor Brady, Council Members Deich. Heckmann. Kluesner, Pratt. Vcetberg. Nays--None. Absent--Council Member Simon. Coinmunicatinn of Corporation Counsel submitting Ordnance regarding Food and Beverage Vending Machines to conform to State Law. presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vo~e: Yeas-- Mayor Brady, Council Members Deich. Heckmann Klueener. Pratt. Voetherg. Nays--None. Abeent~Council Member Simon. ORDINANCE NO. 55.88 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF OR- DINANCES BY REPEALING IN SECTION 16-17. DEFINITIONS. THE UNNUMBERED PARAGRAPH "DE- PARTMENT'' AND ADOPTING IN LIEU THEREOF A NEW UNNUM- BERED PARAGRAPH "DEPART- MENT":, BY REPEALING IN SEC- TION 16-17 THE UNNUMBERED PARAGRAPH "REGULATORY AUTHORITY" AND ADOPTING IN LIEU THEREOF A NEW UNNUM- BERED PARAGRAPH "REGULA- TORY AUTHORITY": BY ADDING IN SECTION 16-17 A NEW UNNUM~ BERED PARAGRAPH "DIRECTOR": BY REPEALING SECTION 16-181aL "LICENSE TO OPERATE" AND ADOPTING IN LIEU THEREOF A NEW SECTION 16-181aL "LICENSE Regular Session TO OPERATE": BY REPEALING SECTION 16-19(a), "APPLICATION FOR LICENSE" AND ADOPTING IN LIEU THEREOF A NEW SECTION 16-19(a), "APPLICATION FOR LICENSE": AND BY REPEALING SECTION 16-25, "DISCIPLINARY ACTION FOR VIOLATIONS OF AR- TICLE, UNSANITARY CONDI- TIONS, ETC." AND ADOPTING IN LIEU THEREOF A NEW SECTION 16-25, "DISCIPLINARY ACTION", presented and read, IOFFICI~L PUBLICATION) ORDINANCE NO. 55-88 AN ORDINANCE AMENDING THE CITY OF DUBUQUE, CODE OF OR- DINANCES BY REPEALING IN SECTION 16-17, DEFINITIONS, THE UNNUMBERED PARAGRAPH "DE- PARTMENT'' AND ADOPTING IN LIEU THEREOF A NEW UN- NUMBERED PARAGRAPH "DE- PARTMENT'': BY REPEALING IN SECTION 16-17 THE UNNUMBERED PARAGRAPH "REGULATORY AUTHORITY" AND ADOPTING IN LIEU THEREOF A NEW UN- NUMBERED PARAGRAPH "REGU- LATORY AUTHORITY": BY ADD- ING IN SECTION 16-17 A NEW UN- NUMBERED PARAGRAPH "DIREC- TOR'': BY REPEALING SECTION 16-18(a)i "LICENSE TO OPERATE," AND ADOPTING IN LIEU THERE- OF A NEW SECTION 16-18(a), "LICENSE TO OPERATE": BY REPEALING SECTION 16-19(al, "AP- PLICATION FOR LICENSE" AND ADOPTING IN LIEU THEREOF A NEW SECTION 16-19(a), "APPLICA- TION FOR LICENSE": AND BY REPEALING SECTION 16-25~ "DISCIPLINARY ACTION FOR VIOLATIONS OF ARTICLE, UN- SANITARY CONDITIONS, ETC." AND ADOPTING IN LIEU THERE- OF A NEW SECTION 16-25, "DISCI~ PLINARY ACTION." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section L Sec. 16-17 of the City of Dubuque, Code of Ordinances is hereby ainended by repealing the unnumbered paragraph "Department." October 17, 1988 355 Section 2. Sec. 16-17 is hereby amend- ed by adopting the following new un- numbered paragraph: "Department" means the depart- ment of inspections and appeals. Section 3. Section 16-17 of the City of Dubuque, Code of Ordinances is hereby amended by repealing tbe unnumbered paragraph "Regulatory authority." Section 4. Section 16-17 is hereby amended by adopting the following new unnumbered paragraph: "Regulatory authority" means tbe department of ~nspections and ap- peals or local board of bealth that has entered into an agreement with the director of the depart- ment of inspections and appeals or the chief inspector or the inspec- tions division of the department of inspections and appeals pursuant to Iowa Code Sec. 191A.14 for authority to enforce the food and beverage vending machine ]aw~ in this jurisdiction. Section 5. Section 16-17 is hereby amended by adopting the following new unnumbered paragraph: "Director" means the director of the department of inspections and appeals or the chief inspector of the inspections division of the department of inspections and appeals. Section 6, Section 16-18(a) of the City of Dubuque, Code of Ordinances is hereby repealed. Section 7, The following new Section 16-18(a) is hereby adopted: License to operate, No person shall operate one or more vending machines u~til a vending machine operator's license has been obtained from the regulatory authority. The annual license shall expire one year from the date of original issuance and is renewable. Vending machines dispensing only ball gum, or similar nonperishable snacks as 356 Regular Session prescribed and defined by regula- tion of the the director, or bottled or canned soft drinks shall not re- quire a license or be subject to the fee schedule provided in this chapter, but £hey may be in- spected pursuant co section 191A.8. Section 8. Section 16-19(a) of the City of Dubuque, Code of Ordinances is hereby repealed. Section 9. The following new Section 16-19~al is hereby adopted: Application. An application for a vending machine operator's license shall be made upon a form furnished by the regulatory authority. The ap- plication form shall provide for ob- taining information relating to ownership of commissaries, loca- tion of comnussaries, location of shops and other servicing cen~ers, and the total number of licensable vending machines by general pro- duct type owned and operated by the applicant and other informa- tion required by the director. The operator shall agree in the applica- tion to maintain within the jurisdiction of the regulatory authority a complete list of all vending machines and machine locations operated by the appli- cant and to make the list available to the regulatory authority at the time of inspection or auditing. Section 10. Section 16-25 of the City oi Dubuque. Code of Ordinances is hereby repealed. Section 11. The following new Section 16-25 is hereby adopted: Disciplinary action. A license issued under this chapmr may be revoked by the regulatory authority [or violation by the licensee of a provision of this chapter or an applicable rule of the department. In lieu of license revocation, the regulatory authori- ty may require the immediate discontinuance of operation of a vending roaching or comvmssary if it finds unsanitary conditions or October 17. 1988 other conditions which constitute a substantial hazard to the public health. The order shall apply on- ly to the vending machines, com- m~ssary, or product involved, A pa'son whose license is revokedi or who is ordered to discontinue the operation of a vending machine or corcamssary, may appeal that deci- sion to the director. The director or the chief hearing officer of the department shall schedule and hold a hearing upon the appeal not later than thirty days from the time of revocation or the order of discontinuance. The dh~ctor or the chief hearing officer shall issue a decii~on immediately following the hearing. Judicial review may be sought in accordance with the terms of the Iowa administrative procedure Act. Section 12. This Ordinance shall take effect immediately upon its publication as provided by law. Passed approved and adopted this 17th day of October. 1988 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of Oc- tober. 1988 Mary A. Davis City Clerk It 10/24 Council Member Voetberg moved that this be considered the first reading of the Ordfi~ance and that the requirement that a proposed Ordinance be considered and voted on for passage au cwo council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinauce. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich Heckmann. Kluesner. Pratt. Vcetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 2~8 WHEREAS Applications for Beer Regular Session Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS. The premises to be oc- cupiod by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bond; NOW. THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" PERMIT Clara L. Johnson Lucky "13" Tap 385 E. 13th St. Also Sunday Sales) J & P O'Ham. Inc. Happy Joe's Old Fashioned Ice Cream & Pizza Parlour 855 Century Drive ~Also Sunday Sales) CLASS "C" BEER PERMIT Robert J. Breitbach Oky Daky #9 51 West 32nd St. IAlso Sunday Sales) Transport Sales KWIK Stop Food Mart 1075 Dodge St. ~Also Sunday Sales) CLASS "E' BEER PERMIT Eagle Food Center #109 200 S. Locust Also Sunday Sales) Eagle Food Center #130 1800 Elm St. Also Sunday Sales) Eagle Food Center //320 2050 J.F. Kennedy Also Sunday Sales) Passed. approved and adopted this 17th day of October, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk October 17, 1988 357 Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. RESOLUTION NO. 299~88 WHEREAS, Application for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEEEFORE, BE IT RE- SOLVED by tl~e City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kenneth J. Love and James P. Kohl The Grand Tap 802 Central Ave. (Also Sunday Sales) Nelda L. Bennett The Old Shang 1091 Main St. (Also Sunday Sales) Key City Bowling Lanes, Inc. Imperial Lanes 3505 Stoneman Road (Also Sunday Sales) New Harbor Development Co., Inc. Yardarm Eagle Point (Also Sunday Sales) Eagle Point Tavern, Ltd. Windsor Tap 2401 Windsor Ave. (Also Sunday Sales) Dennis J. Zirkelbach Benny's 2617 University Ave. (Also Sunday Sales) Passed, approved and adopted this 17th day of October, 1988. James E. Brady Mayor 358 Regular Session October 17, 1988 ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann Kluesner, ]Pratt, Voetberg. Nays--None. Absent--Council Member Simon. MINUTES SUBMITTED: Airport Commission of 9-20; Cable Community Teleprogramming Commission of 10-4: Cable TV Regulatory Comm. of 9-29; Historic Preservation Commission of 9-27; Park and Recreation Comm. of 9-19; Planalng and Zoning Commisaion of 9-7 and 10-5; Public Library of 9-20; Zoning Bd, of Adjustment of 9-22; presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carded by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Member Simon. NOTICES OF CLAIMS/SUITS: J.S. Hemphill, D:D.S. in est. amt. of $135.70 for property dan~ages; IDOT vs. Conlon Bldg. Co. advising of appeal regarding award granted by the Compensation Commission; and Dubuque Pollcemen's Protective Assn. before Public Employ- ment Relations Bd. submitting Pro- hibited Practice Complaint, presented and read. Council Member Daich moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetherg. Nays--None, Absent--Council Member Simon. IA DOT advising of dismissal in mat- ter of condemnation with Zephyr Alum'mum Products, Inc., presented and read. Council Member Daich moved that the Notice be received and fried. Seconded by Coundfl Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Iteckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Councri Member Simon. Communication of Corporation Counsel recommending closure of case regarding Duane Jasper and Ralph A. Jasper vs. Interstate Power Co. and the City of Dubuque~ presented and read. Council Member Deich moved that the communication be received and filed and approved closure. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent-- Council Member Simon. Communication of Finance Director submitting outstanding travel advances to the Mayor and Members of the City Council, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Conncil Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Conned Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Proof of publication, certified to by the Publisher, on List of Claims paid for month of August, 1988, presented and read. Council Member Dcich moved that the proof of publication be received and fiI- ed. Seconded by Council Member Kluesner, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--CoanciI Member Simon, Communication of City Manager sub- mitting Financiai Reports for the month of September, 1988. presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Regular Session Communication of City Manager sob- mitring Quarterly Investment Report for period of April I, 1988 and ending June 30, 1988 presented and read. Council Member Daich moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communicatioo of City Manager sub- mitting Annual Investment Report for period of July 1, 1987 and ending June 30, 1988, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich. Heckmann, Kluesner, Pratt, Voetherg. Nays--None. Absent--Council Member Simon. REFUNDS REQUESTED: St. Col- umbkille's Church, $225 on unexpired Beer Permit, Market Place Cafe, $150 on unexpired Beer Permit, presented and read. Coundd Member Daich moved that the refunds be approved and Finance Direc- tor to issue~roper checks. Seconded by CounCil Member Kluesner. Cm tied by the following vote: Yeas--Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon. Communication of Corporation Counsel advising trial for case of City of Dubuque vs. HDR et al has been set for June 13, 1989 at the Federal Courthouse in Cedm' Rapids, presented and read. Council Member Deich moved that the communication be received and bled. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Heckmann, Kluesner, Pratt, Voetberg. Nays--None. Absent--Council Member Simon, Dick Her rig addressed the CouncS1 and stated that the City Zoning Ordinance is October 17, 1988 359 in error in that it allows public utilities to erect power poles without considera- tion etc. There be'nag no further business, Coun- cil Member Kluesner moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Heckmann, Kluesner, Pratt, Voetberg. Nays--Conned Member Deich. Absent--Council Member Simon. Meeting adjourned at 10:42 p.m. Mary A. Davis City Clerk Approved 1989 Adopted 1989 Mayor Council Members ATTEST: City Clerk