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1987 February Counci Proceedings64 Regular Session January 19, 1987 Communications from Janet Busch submitting her resignation as a Board Member of the Housing Code Appeals Board; Wn~ Ternent submitting resigna- tion as a member of the Cable Regu- latery Commission, presented and mad. Council Member Kronfeldt moved that the communication be received and fil- ed and accepted the resignation with regret. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tem Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. Group W Cable, Inc. c/o TCI of Iowa, Inc. and TCI of Illinois, Inc. submitting Petition for Waiver and Amendment pursuant to Television Franchise Or- dinance No. 42-81, presented and read. Council Member Kronfeldt:~oved that the Petition be referred to the City Mgr. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pm-Ibm Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. Communication of City Manager sub- mitring conunents on City census tracts as requested at the last Council Meeting, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tem Kluesner, Coun- cil Members De'ch, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. Communications of Corporation Counsel recommending settlement of tar damages to Wanda Schmeder in amt. of $356.72 and Mid-Cont'menj~d Bottlers in amt. of $1,480.76, presented and read. Council Member Kronfeldt moved that the communications be received and fil- ed and approved settlements. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tern Kfaesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. There being no farther business, Coun- cil Member Kroufeldt moved that the meeting be adjourned. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tem Kluesner, Coun- ciL,Members Dcich, Krieg, Kronfeldt, Nays-None. Absent~Mayor Brady, Council Member Manning. Meeting adjourned at 8:37 p.m. Mary A. Davis City Clerk Approved 1987 Adopted. 1987 Council Members ATTES~ City Clerk -- P~gular Sessior CITY COUNCIL OFFICIAL Regular Session, February 2, 1987 Council Met at 7:30 Ixro~, in the Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. KeunethGearhart, Corpora- tion Counsel Barry A. Lindai)l. Mayor Brady read the call and stated that this meeting is the REGULAR MEETING of the City Council called for the purpese to act upon such business which may properly come before the Council. INVOCATION was given by The Very Rev. R. L. Waller, Rector of St. Thomas of Canterbury Anglican Catholic Church, Februar~ 2, 1987 The Honorable James E. Brady, Mayor and Members of the City Council City Hall Dubuque, Iowa 52001 Council Members: Bids were received today covering $4,000,000 City of Dubuque, Iows, General Obligation Bonds. Thoro were eight bids received which are listed at the bottom of this letter in accordance with the attached signed bids. Upon examination, it is our opinion that the bid of Prudential-Bache Securities Inc and Associal~s is the best bid received, and it is further our opinion that it is favorable to the City and should be accepted. We therefore recommend that the bonds be awarded to that bid- der at a price of $3,960,000.00 and ac- creed interest, being at a net interest rata of 5.4785%. N~r INTEREST BATE Chemical Bank ....................... 5,7715% Febru 2 1987 Res~ectifally submitted, SPEER FINANCIAL, INC. Richard A. Pavia President Council Member Kluesner moved that the communication be received and fil- ed and made a matter of record. Second- ed by Council Member Simon. Carried by the following vote: Yeas-Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning. Nays-Non~ RESOLUTION NO. 29~7 RESOLUTION DIRECTING SALE OF $4,000,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as re- quired by law, hids have been received at public sale for the bonds described as follows and the best bid received is dete~ mined tQ b~ the following. $4,000,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS: Bidder: Prudenth~l-Bache Securities, Inc of Chicago, Illinois the terms of said being: Total Interest ....... $2,205,762.50 Less Premium ......... $40,000.00 Net Interest Cost .... $2,245,762.50 Net Interest Rate ....... 5.47858% 66 Regular Session, __ NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of in~r- marion for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds beretefom given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed and approved, this 2nd day of February, 1987. James E. Brady Mayor Attest: Mary A Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Vice Chairperson Airport Commission requesting ap- preval to use approximately $20,000 of the Airport CIP Funds te replace tbe ex- isting floor in area formerly owned by American Central Airlines, now to be leased to Federal Express, presented and read. Council Member Simon moved that the communication be received and fll- ed and approved request. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Kluesner. Krieg, Kronfeldt. Man- ning, Simon. Februar_y 2, 1987 Nays--None. Communication of City Manager re- questing approval of an agreement with the Greater Dubuque Development Co~ paration for economic development set- vices in the amount of $30,000 for FY '87, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Mauning, Simon. Nays--Council Member Kronfeldt. RESOLUTION NO. 36.87 A RESOLUTION APPROVING AN AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES WITH THE GREATER DUBUQUE DEVELOPMENT CORPORATION FOR FISCAL YEAR 1986-1987 AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE WHEREAS, the City Council of the City of Dubuqu~ Iowa desires to main- tain an economically viable community by encouraging private sector develop- ment which produces jobs for the unemployed and expands job oppor- tunitias for persons of low and moderate income; and WHEREAS, The City Council of the City of Dubuque, Iowa has determined that a progeam of economic development activitie~ and the promotion of economic development opportunities through the provision of services to local business and industry and through the provision of service~ to local business and industry and through the recruitment of new firms to the Dubuque labor market is a necessary element in a program of economic enhancement; and WHEREAS, the Greater Dubuque Development Corporation is composed of representatives of the County of Dubuque, the Dubuque Area Industrial Development Corporation, the United Labor Participation Committee, the Chamber of Commerce and the City of Dubuque; and Regular Session WHEREAS, the City of Dubuque has budgeted and committed certain Com- munity Development Block Grant funds. for tho support of tho objectives and ac- tivities noted above; and WHEREAS, the Greater Dubuque Development Corporation by virtue of its experience and other professional qualifications has proposed to enter in- to an Agreement for the prevision of economic development services hereto attached and marked Exhibit "A". NOW THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement for Economic Development Services, hereto attached and marked Exhibit "A', is hereby approved and the Mayor is hereby authorized and directed to ex- ecute said Agreement. Section 2. That the City Manager be and he is hereby authorized to make such payments to the Greater Dubuque Development Corporation as are provld- ed for in the aforesaid Agreement, in an amount not to exceed $30,000 from Com- munity Development Block Grant funds as provided for in the FY 1987 budget, according to the terms and condition~ for payment set forth in said Agreement. Passed, approved and adopted this 2nd day of February, 1987. James E. Brady Mayor ATTE S~. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Manning, Simec~ Nays--Council Member Kronfeldt. Communication of City Manager re- questing approval of a two-way radio system for activating our seventeen out~ door Warning Sirens and approve an ad- ~ 2, 1987 67 ditionai $11,300 to cover the cost of the twc-way system for a total amount of ap- pmximataly $~6,800; pr~ented and rend~ Council Member Manning moved that the communication bo recalved and ill-. ed and approved tho expenditure. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluasner, Krieg, Krenfol~t, Man- ning, Simon. Nays--None, Council Member Simon moved to sus- pend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brar~, Council Members Daich, Kfuesner, Krieg, Krenfeldt, Man. ning, Simon. Nays--None. Communication of City Manager re- questing approval to authorize a loan of $70,000 to the Dubuque Star Brewing Ce, from local Community Development Block Grant Funds and the submission of a Community Economic Betterment Account Loan application for the sum of $51,000 with the Iowa Development Commission, presented and read. Mr. John Nieblor, V.E & Sec. of Du- buque Star Brewing Cb spoke to the re- quested loan. Council Member Kronfeldt moved that the communication be receivd and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Krieg, Kmnfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 31-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREE- MENT WITH DUBUQUE STAR BREWING COMPANY 68 Regular Session WHEREAS, under provisions of Title I of the Housing and Community Devel- opment Act of 1974, as amended, the City of Dubuque has received Commun- ity Development Block Grant Funds for the purpose of stimulating economic devclopmont activities within the com- mu~ity; and WHEREAS, the City of Dubuque, Iowa desires to assist the Dubuque Star Brewing Company in its efforts to enhance and expand its existing opera- tions; to create permanent employment opportunities for its citizens; to promote the economic viability of the tourism in. dustry in the City; and to encourage the manufacture and exportation of Iowa products; and WHEREAS, a Loan Agreement is to be executed by the Dubuque Star Brew- ing Company and the same hereto at- tached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached awarding a seventy thousand dollar ($70,000) loan to the Dubuque Star Brewing Company, according to the terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Devel- opment Btock Grant entitlement fund, in accordance with the terms and con- ditions of the Loan Agreement hereto attached· Passed, approved and adopted this 2nd of February, 1987. James E. Brady Mayor ATTEST Mary A. Davis City Clerk Council Member Kronfcldt moved adoption of the Resolution. Seconded by February 2, 1987 . Council Member Simon· Carried by the following vote: Yeas--Mayor Brad:~ Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Nays--Nong RESOLUTION NO. 32-87 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT PROGRAM APPLICA- TION ON BEHALF OF THE DUBUQUE STAR BREWING COMPANY WHEREAS, the Dubuque Star Brew- lng Company is Iowa's only commereiol- size brewery; and · WHEREAS, the Dubuque Star Brew- ing Company has proposed the refur- bishing and expansion of its existing manufacturing Operations; and WHEREAS, the City Council has con- sidered said proposal and has determin- ed that it will create local employment opportunities while contributing to the economic development of the commun- ity and the State of Iowa; and WHEREAS, the City of Dubuque is eligible to apply for funding from the Community Economic Betterment Ac- count program as defined in House File 225, Acts of the 71st General Assembly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the fding of an applica- tion for participation in the Iowa Com- munity Economic Betterment Account program in behalf of the Dubuque Star Brewing Company is approved. Section 2. That the City Manager is hereby authorized and directed ~o ex- ecu~e and submit said application to the State of Iowa Development Commissmn and other appropriate agencies together with such other documents as may be required. Passed, approved and adopted this I 2nd day of February, 1987. Regular Session James E, Brady Mayor ,ATTESql. Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Simon· Carried by the following votg Yeas--Mayor Brady, Council Member Deich, Kinesner, Krieg, Kronfcldt Manning. Nays-Non~ Communication of City Manager sub- mittlng two Ordinances regarding the use of seatbalte and child restraint devices as required by the Code of Iowa, presented and read. Council Member Kluesner moved that the communication be received and ill- ed. Seconded by Council Member Simon· Carried by the following vote: Yeas--Mayor Brad~, Council Members Deich, Kluesner, Krieg, Kronfcldt, Man- ning, Simon. Nays-None. An ORDINANCE Amending the Code of Ordinances of the City by enac- ting a new Section 25-100 thereto pro- viding for the use of Safety Belts and Safety Harnesses in Motor Vehicles, presented and read. Conned 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 Ordinanca Seconded by Council Mem- ber Simon. Vote on the motion was as follows: Yeas--Council Member Kluesner, Krieg, Kronfeldt, Manning, Simon· Nays--Mayor Brady, Council Member Deice February 2,~1987 69 MOTION FAILED FOR LACK OF A 3/4 VOTE. Council Member Kluesner moved that this be considered the first reading of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members K~inesnor, Krieg, Kronfeldt, Manning, Simon, Nays--Mayor Brady, Council Member Dei~_h. ORDINANCE NO. 10-87 AN oRDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 25-101 THEREOF PROVIDING FOR THE USE OF CHILD RESTRAINT DE- VICES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 10-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 25-101 THEREOF PROVIDING FOR THE USE OF CHILD RESTRAINT DEVICES. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by enacting a new Section 25-101 thereof as follows: Section 25-101. CHILD RESTRAINT DEVICES. (a) It shall be unlawful for any person to operate a motor vehicle transporting a child under three years of age i~ a motor vehicle which is subject to registration by the State of Iowa having a gross weight of 10,000 pounds o~ less, except a school bus, motorcycle or motorized bicycle, without first securing the child in a child restraint system which meets federal motor vehicle safe- ty standards and used in accordance with the manufacturer's instructions· 70...~ Regular Session, (b) It shall be unlawful for any person to operate a motor vehicle transporting a child at least three yearn of age but under six years of age in a motor vehi- cle which is subject to registration by the State of Iowa having a gross weight of 10,000 pounds or less, except a school bus, motorcycle or moterized bicycle, without first securing the child by either a child restraint system which meets federal motor vehicle safety standards and used in accordance with the manufacturer's instructions or by a safe- ty belt or safety harness of a type ap- proved under Section 25-100 of the Code of Ordinances, {c) This section does not apply to peace officers acting on official duty, transpo~' totion of children in 1965 model year or older vehicles, authorized :emergency vehicles, a child who has been certified by a licensed physician as having a medical, physical, or mental condition which prevents or makes inedviseablo securing the child in a child restraint system, safety belt or safety harness. Passed, approved and adopted this 2nd day of February, 1987, James E. Brady Mayor ATTESq! Mary A, Davis City Clerk Published officially in the Telegraph Herald newspaper this 6th day of February, 1987, Mary A. Davis City Clerk It 2/6 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 Ordinanca Seconded by Council Mem- ber Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Kluesner, Krieg, Kronioldt, Man- ning. Simon, Nays--None, 1987 Communication of City Manager sub- mitting an Ordinance prohibiting swim- ming and wading in the waters adjacent to Rivorview Park, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Kronfoldt, Manning, Simon. Nays--Mayor Brady. ORDINANCE NO. 11-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SUBSECTION (c) TO SECTION 91/2-30 THEREOF BY ~ITING SWIMMING OR WADING ADJACENT TO RIVER- VIEW PARK, presented and read. (OFFICIAL PUBLICATIONI ORDINANCE NO. 11.87 ~,N ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE IOWA, BY ENAC- TING A NEW SUBSECTION (c) TO SECTION 9V~-30 THEREOF PROHI. BITING SWIMMING OR WADING ' PARK NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ~he Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by enacting a new Subsection (c} to Section 9 U2-30 as follows: "Sec, 9 112.30. Activities prohibited {c} No person shall swim or wade in the waters adjacent to Riverview Park." Passed, approved and adopted this 2nd day of February, 1987, James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Regular Session, Published officially in the Telegraph Herald newspaper this 9th day of F~branry, 1987. Mary A. Davis City Clerk It 2/9 Council Member Krieg 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 Manning. Carried by the following vote: Yeas--Canned Members Deich, Khies- her, Krieg, Kronfoldt, Manning, Simon. Nays--Mayor Brady. ORDINANCE NO. 12-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 25-277, 25-296, 25-311, 25-314, 25-331 and 25-332 PROVIDING FOR THE AD- MINISTRATION OF PUBLIC PARK- ING FACILITIES AND THE ISSU- ANCE OF NOTICES FOR PARKING VIOLATIONS, said Ordinance having been given first reading at the Council Meeting of January 18, 1987, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 12-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 25-277, 25-296, 25-311, 25-314, 25-331, AND 25-332 PROVIDING FOR THE AD- MINISTRATION OF PUBLIC PARK- ING FACILITIES AND THE ISSU- ANCE OF NOTICES FOR PARKING VIOLATIONS NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of O~- dianances of the City of Dubuque, Iowa be amended by repealing Sections 25-277. 25-296. 25-311 25-314. 25-331 and 25-332. Februar 2, 1987 71 Passed, approved and adopted by this 2nd day of February, 1987. James E. Brady Mayor ATTESq! Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of February, 1987. Mary A. Davis City Clerk It 2/9 Council Member Kluesner moved that this be considered the second reading of the Ordinance and the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Simon. Carried by the following vote: Yeas--Mayor Brady, Council Membe~ Dsich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--Non~ ORDINANCE NO. 13-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 2-31 THROUGH 2-55 THEREOF AND BY ENACTING NEW SECTIONS 2-31 THROUGH 2-45 IN LIEU THEREOF PROVIDING FOR RULES OF PRO- CEDURE FOR CITY COUNCIL, said Ordinance having been given first reading at the Council Meeting of January 18, 1987, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 13-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWa, BY REPEALING SECTIONS 2-31 THROUGH 2-55 THEREOF AND BY ENACTING NEW SECTIONS 2-31 THROUGH 2-45 IN LIEU THEREOF PROVIDING FOR RULES OF PRO- CEDURE FOR CITY COUNCIL. 72 Regular Session 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 Sections 2-31 through 2-55 theceof and by enacting new Sec- tions 2-31 through 2-45 in lleu thereof as follows: DIVISION 2. RULES OF PROCEDURE. SEC. 2-31. PURPOSE The purpose of the Rules of Procedure for City Council is to instill and main- tain public confidence in City b~vern- ment by: (a) Promoting the orderly and ex- peditious process of conducting City business; (bi Protecting the rights of each in- dividuel by encouraging public comment and giving every proposition under con- alderation free and full debate; and (c) Carrying out the will of a majority of the City Council while preserving tho rights of ail Council Members. SEC. 2~2. GENERAL RULES. (a) Meetings to be Publi~ All meetings of the City Council shall be called and conducted in accordance with the Code of Iowa. (bi Quorum. Four members of the City Council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a inter time The City Council may delay the start of a meeting for a maximum of 15 minutes if agreed upon by those present. (cf Compelling Attendance. The City Council may adjourn from day to day to compal the attendance of absent mem- bers. (df Minutes of Proceedings. An ac- count of all proceedings of the City Council shall be kept by the City Clerk and shall be entered in a book con- February 2, 1987 stituting the official record of the City Council. (e) Right of Floor. Any member desir- ing to speak shall be recognized by the Presiding Officer and shah confine his or her remarks to the subject under con- sideration or to be considered. (fi City Manager. The City Manager shall attend ali meetings of the City Council unless excused and shall have charge of the council meeting room. Tho City Manager may make recommenda- tions to the City Council and upon recognition by the Presiding Officer shall have the right to take part in any discus- sions of the City Council. (g) Corpomtinn Counsel. The Corpora- tion Counsel shall attend all meetings of the City Council unless excused and shall, upon request by the City Council, give an opinion, either written or oral, on questions of law. The Corporation Counsel shall act as the City Council's parliamentarian. (hi City Clerk. The City Clerk shall at- tend all meetings of the City Council unless excused and shall keep the official minutes and perform such other duties as may be requested by the City Council. (ii Rules of Order. "Roberts Rules of Order Revised" shall govern the pro- ceedings of the City Council in all cases, unless they are in conflict with these rules or the Code of Iowa. SEC. 2~3. TYPES OF MEETINGS. (a)RogularMeeting. RegnlarmeeFmge of the City Council shalibe held as re- quiredbySection 2-22 of tbeCodeof Ordinances. (bi Special Meetings. Special meetings may be called by the Mayor or by a ma- jority of the members of the City Coun- cil. The call for a special meeting shall be filed with the City Clerk in written form. except that announcement of a special meeting during any regular meeting shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting and shall list the subject or subjects co be considered. Regular Session, February 2, 1987 73 (d Recessed Meetings. Any meeting of the City Council may be recessed to a later date and time, provided that no recess shall be for a longer period than until the next Regular Meeting. (d) Work Sessions. The City Council may meet informally in Work Sessions (open the the public), at the call of the Mayor or of any four members of the City Council, to review forthcoming pro- grams of the City, receive progress repot ts on currant programs or projects, or mcalve other similar info ~rmation from the City Manager. SEC. 2-34. ATTENDANCE OF MEDIA AT CITY COUNCIL MEETINGS. All meetings of the City Council shall be open to the media, freeiy subject to recording by radio, television and photographic services at any time, pro- vided that such arrangements do not in- terfere with the orderly conduct of the meetings. SEC. 2-35. PRESIDING OFFICER. (a) Presiding Officer. The Mayor shall preside as the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor ProTein sh~ll presida In the absence of both the M~yor and the Mayqr Pro-Tern, the City Council shah elect a Presiding Officer. (bi Call to Order. The meetings of the City Council shall be called to order by the Mayor or, in his/her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tern, the meeting shall be called to order by the City Clerk for the election of a temporary Presiding Officer. (c) Preservation of Order. The Pre- siding Officer shall preserve order and decorum, prevent attacks on personal- ities or the impugning of members' motives, and confine members in debate to the question under discussion. (!) The Mayor pr~Tem shall sit to the immediate fight of the Mayor. (2) While the Mayor is putting the question, no member shall walk across or out of the Council Room. (3) While a member is speaking, no member shall entertain private dis- (4) No member shall leave the sitting of a City Council meeting with out per~ mission of the Presiding Officer. (d) Points of Order. The Presiding Of- Reer shall determine ali points Qf order, subject to the right of any member to ap- peal the the City Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" (e) Motion to Reconsider. A motion to reconsider shall not be entertained ex- cept at the same City Council meeting, or at the next succeeding regular City Council meeting after the meeting on which the vote was taken and shall be made only by a member who voted with the prevailing side. (fi Substitution for Presiding Officer. The Mayor may coil upon the Mayor Pro- Tern or in the absence of the Mayor Pro- Tern any other member to temporarily chair the City Council meeting in order to take part in debate, to make a motion, or to cover a temporary absence. Such substitution shall not continue beyond adj ournmant. SEC. 2-36. MOTIONS. A motion is a proposal that tho City Council take formal action. (a) Classification of Motions, 1. Main Motions. A main motion is one which independently presents an idea for consideration. Only one main motion can be considered at a given time, and such a motion, when introduc- ed, excludes all other main motions un- til it has been voted upon or disposed of otherwise 2. Sulieldiary Motions. A subsidiary motion is one growing out of and applied to another motion aiready unde~ con- sideration. Their existence as motions depend entirely upon the principal mo- tion to which they are subordinata Such motions must be voted upon before voting upon the motion to which they apply. 74 Regular Session 3. Privileged Motions. A privileged motion is one which is so vital in character that it takes precedence over all other morions. Such motions have no connection with the motion under con- sidsrarion. A privileged motion sots aside temporarily any business under consideration. 4. Incidental Motions. An inciden- tal motion is one growing out of another motion already under consideration. Such a motion must be disposed of before the main motion or other business under consideration. (b) Progress of Motions. 1. A Council Member Addresses the Presiding Officer. The presiding officer should be addressed by title. 2. The Council Member is Recogniz- ed by the Presiding Officer. The pre- siding officer recognizes the council member by name or by a nod. Having received formal recognition from the presiding officer, the council member is said to "have the floor" and is the only member entitled to present or discuss a motion. 3. The Council Member Proposes a Motion. A motion is always introduced in the form, "I move that" followed by a statement of the proposal. Aside from very brief explanatory remarks, it is not permissible to discuss the merits of a motion prior t(~ or immediately follow- ing, the formal proposal of the motion. All discussion must wait until the Pre- siding Officer has stated the motion and has asked for discussion. 4. Another Council Member Seconds the Motion. Another council member, without addressing the presiding officer, may say, "I second the motion." Sceon- ding the motion is merely an indication that the council member seconding it wishes ~he matter to come to the City Council for consideration. If no one seconds the motion, the Presiding Of- fleer may ask. "Is there a second to the motion?" If there is none. the Presiding Officer may declar~ "The motion is lost for wane of a second:' 5. The Presiding Officer States the Motion to the City Council. When a mc- February 2, 1987 tion has been properly proposed and seconded, the Presiding Officer repeats the motion to the City Coancfl. After the motion has been formally stated to the City Council, the motion may be spoken of as "a question", "a proposition", or "a measure", 6. The City Council Discusses or Debates the Motion. After the motion has been formally stated by the Pre- siding Officer, any council member has a right to discuss the issue. Council members must obtain the floor in the same manner as when presenting a mo- tion. Normally the first person who asks recognition is entitled to speak, All discussion must be confined to the ques- tion under consideration. The Presiding OffiCer should always show preference to the proposer of the motion. A council member who has not spoken before has claim over a council member who has already discussed the question, or who has proposed another motion. If the Presiding Officer knows the opinions of the various council members regarding the measure, he/she should alternate between those favoring the measure and those in opposltion to tho The Presiding Officer should recognize a council member who seldom speaks in preference to a council member who frequently speaks. 7. The Presiding Officer T~kes the Vote on the Motion. When all council members who desire to discuss the ques- tion have done so, the Presldlng Officer "puts the motion to a vote". Before tak- ing the vote, the Presiding Officer may inquire. "Is there any further discus- sion?" or "Are you ready for the ques- tion?'' If no council member responds. the Presiding Officer presumes discus- sion is closed. The presiding officer will proceed to instruct the City Clerk to take a roll call var~ 8. The Presiding Officer Announces the Result of the Vote. The presiding of- ricer formaky announces the result of the vote. saying. "The motion is carried" or Regular Session February 2, 1987 75 "The motion is lost." As soon as the vote has been announced, another mo- tion is in order. SEC. 2-37. AMENDMENTS TO MOTIONS Any amendment to a motion changes a motion by adding to it, taking from it, or by altering it in some other way. The purpose of the motion to amend is to modify a motion that has already been presented in such a manner that it will be more satisfactory to the council members. An amendment to a motion may be hostile, but it must be germane. By "germane" it is meant having direct bearing upon the subject matter of the motion; that is, relevant, or relating to it. (a) Methods of Amending Morions. 1. By Addition or Insertion -- To add something to the motion which it did not contain. 2. By Eliminating or by Striking Out -- To subtract or eliminate some- thing from a motion that was original- ly a part of the motion. 3. By Substlturion -- This method is a combination of the first two methods, since in amending by substitu- tion something is stricken out and some- thing inserted hi its place. The substitu- tlon may consist of a word, a phrase, or an entirely new motion. ~b) Progress of Amendments. L Types of Amendments Amendments of the first rank. This is an amendment to the motion. Amendments of the second rank. This is an amendment to the amend- ment. This type of amendment must modify and relate direcriy to the amend- ment and not to the main motion. Other- wise, it is out of order. It is not in order to propose more than one amendment of each rank at one time. If a council member wi~has to amend two separate and related parts of a motion, this must be done by two amendments of the second rank, and one must be voted upon before the other is proposed. It is permissible to have a mo- tion, one amendment to the motion (amendment of the first rank), and one amendment to the amendment (amend- ment of the second rank) before the City Council at once. Until the amendment of the second rank has been voted upon, no other amendment of the second ra~k is in order. Until the amendment of the first rank is voted upon, no other amend- ment of the first rank can be proposed. 2. Order of Voting Amendments are voted upon in inverse order; that is, the amendment of the second rank is disposed of first. Discussion is held and the vote taken upon the amendment to the amendment. Discussion is held and the vote taken upon the amendment to the motion. When the vote on the amend- ments have been taken, discussion upon the original or the main motion as amendment is held aud when completed, a vote is taken upon the original or main motion as amended. SEC. 2-38 CHART OF PREFERENCE OF MOTIONS. PRIVILEGED MOTIONS Yes Limited Maj. Amend, Reconsider' Yes No Maj. None Yes Limited Maj. Amend No No eh~ir rules All NO Ne None None Yes Ne Maj. None 76 Regular Session. , February 2, 1987 To adjourn (qualifi0d) No No Yea No 2/3 Reconsider Y0s Lbnited 2/3 Amend, Reconsider Yes Limited Maj. Amend, Reeon., Prey. Quos. Yes Limited Maj. Amend, Rotan. Prev. Quos, Yes Yc~s Maj. Amend, P~con., Pr0v, Quos. Yes Yes Mai. l~mit Deb. Prey. Quos., Rec. Yes Yes Maj. All Yes No Maj. None Yes Yes Mai, L/m, Deb., Prey. Quea., Table None until Postpone definitely Yes No called for None Yes Yes 2/8 All Yes Yes 2/8 All Yes Yes Maj. All Ques., Lira. Deb, INCIDENTAL MOTIONS To suspend rules No Yes No % None To withdraw a motion No No No Maj. Reconsider To read papers No Yes No Maj. A~I To object to consideration Yes No No % All chair rules TO rise to a point of order Yes No NO or Maj. None TO rise to parliamentary inquiry Yes NO No None None TO appeal from the decision of the chair Yes Yes Limited Maj. All except amend To call fey a division of the house Yes No No Maj. All To call for a division of a question No Yes No Maj. All KIND OF MOTION To lay on tbs table To call for the previous question SEC. 3-39. MOTIONS FOR SPECIAL PURPOSES. OBJECT EFFECT Clear the floor for more Delays action mBent business Secure immediate vote on Ends debat~ pending question Provides more or less time for Shor~ns or lengthens discussion discussion period Often gives more t~me for Delays action informal discussion and for securing fogowars To enable more careful Delays action consideration to be given To improve the motion , To chm~ge the original motion To prevent a vote on the question TO suppress Els question Regular Session, February 2, 1987 77 Suppress the motion Secure more careful consideration Secures action by parts Continue tho consideration of the question To reconsider the question Secures further consideration and mlother vote on the question SEC. 2d0. ORDER OF BUSINESS AND AGENDA. (a) Order of Business. The general rule as to the order of business in regular meeting§ shall be as follows: 1. Reading of the Call 2. Roll Call 3. Proclamations 4. Public Hearings 5. Items to Be Set for Public Hearing 6. Action Items 7. Appointments to Boards and Commissions 8. Granting of Business Licenses 9. Consent Items 10. Public Input 11. Adjournment (b)Agenda. The order of business of each regular meeting shall be as contain- ed in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of subjects to be considered by the City Council and shall be made available or delivered to members of the City Council with supporting documents at least seventy-two (72) hours preceding the meeting to which it pertains. (c) Presentation by Members of Coun- cil. The Mayor or any Council Member may bring before the City Council any business that he/she feels should be deliberated upon by the City Council. These matters need not be specifically listed on the Agenda, but formal action on such matters shall be deferred until a subsequent City Council meeting. SEC. 2-41. ORDINANCES, RESOLU- TIONS, AND MOTIONS. (a) Form. Ordinances and resolutions shall be presented to the City Council 78 Regular Session only in printed or typewritten form. (b) Ordinances: Confined to One Sub- ject; Exceptions. No ordinance except an appropriation ordinance, an ordinance adopting or embodying an administra- tive or governmental code, or an ordi- nance adopting a cede of ordinance, shall relate to more than one subject which shall be clearly stated in itc title. (c) Review by City Manager and Cot- poratian Counsel. All ordinances and resolutions shall be "Reviewed By" the City Manager and approved by the Co~ poration Counsel as necessary. (d) Reading by Title Only. Upon being introduced, each proposed ordinance or resolution shall be read by title only, unless a member of the City Council re- quests a full reading of the ordinance or resolution, (e) Recordings of Votes. The ayes and nays shall be taken upon the passage of all ordinances, resolutions or motions and entered upon the minutes of the City Council. {f) Method of Voting. When any vote is called each Council Member shall res- pond "yes (aye)", "no (nay)", "abstain", or "not voting", An abstention vote shall be considered as an aye vote in the affirmative. (gl Tie Vote. In the event of a tie in votes on any motion, the motion shall be considered lost. A Council Member may then direct to place the item on the next agenda. (h) Numbering Ordinances and Resolu- tions. Upon passage a number shall be assigned to each ordinance or resolution by the City Clerk. (i) Ordinance Passage Procedure. When passed by the City Council, an ordinance shall be signed by the presiding officer, attested to by the City Clerk, publish- ed in the designated newspaper and thereafter preserved in the office of the City Clerk. SEC. 2-42. ESTABLISHMENT OF COMMMITTEES. BOARDS AND COMMISSIONS. Citizen Committees. Boards and February 2, 1987 -- Commissions. The City Council may establish committees, boards, and com- missions to assist in the conduct of the operation of the City government with such duties and powers as the City Council may specify not inconsistent with the code of Ordinances or the laws of the State of Iowa. (b) Membership and Selections. Membership and selection of members of Boards and Commissions shall be as specified in the Code of Ordinances or the Code of Iowa. Any committee, board, or commission so established shall cease to exist upon the accom- pllshmant of the special purpose for which it was created, or when abolish- ed by a majority vote of the City Coun- cil or as specified in the Code of Iowa. (c) Nominations. A nomination is the formal presentation to the City Council of the name of a candidate for a position to be filled. Applications for vacancies shall be received by the City Clerk and presented to the City Council for con- elderatinn at a regular or special coun- cil meeting. The nominations procedure shall be as follows. (1) Nominations are in order as soon as the Presiding Officer calls for them. (2) Nominations do not require a second. (3) As a nomination is made, the Presiding Officer shall repeat the name. (4) No Council Member may nomi- nate more than one candidate for each office. (5) If there are no further nomina- tions, the Presiding Officer may declare the nominations closed. (6) A motion to reopen nominations requires a two-thirds vote. (7) Prior to voting but following the formal closing of nominations, heroins- lions may be reopened by a motion which requires only a mai ority to carry. (81 After the nominations are cins- ed. the City Council proceeds co vote upon the names by a roll call vote. If a candidate receives amajority vote of the Regular Sessio~ City Council, that candidate is ap- pointed. (9) If no candidate receives a majo~ ity vote of the City Council, a second roll call vote is then taken on those can- didates voted upon the first time. (10) If no candidate is elected on the second roll call vote, a motion that only the two highest candidates on the pre- vious roll call vote be considered on the third ron cell vote is in order. (d) Oath of Office. Each person upon appointment or reappointment to a Board or Commission shall execute an Oath of Office at the City Clerk's office within ten days of appointment or reappointment. (e) Records. The City Clerk shall main- taln all applications, oaths of office, and appointment records of all members of Boards and Commissions. Applications of unsuccessful candidates for appoint- ment to Boards and Commissions shall be maintained by the City Clerk for one year after which time such application forms may be destroyed. (f) Removal of Members of Boards and Commissions. The City Council may remove any member of any board or commission whlch~it has established. SEC. 2-43. RIGHTS OF THE PUBLIC. (a) Addressing the City Council. Any person desiring to address the City Council by oral communication shall first secure the permission of the Presiding Officer, provided; however, preference will be given to those persons who have notified the City Clerk by noon of the Wednesday immediately pre- ceeding the regular Council Meeting of their desire to speak in order that their name may be placed on the agenda. (b) Manner of Addressing the City Council -- Time Limit. Each person ad- dressing the City Council shall step up to the microphone, shall give bAs/ber name and address and if representing an organization or another person, shall so state, in an audible tone of voice for the record, and, unless further time is granted by the Presiding Officer, shall limit their address to five minutes. All February, 2, 1987 79 remarks shall be addressed to the City Council as a bevy, not to any city officer or employee. No person, other than members of the City Council and the per~ son having the floor, shall be permitted to enter into any discussion, either directly or through the members of the City Council. No questions shall be ask- ed of individual Council Members nor of any city officer or employee, except through the Presiding Officer. (c) Personal and Slanderous Remarks. Any person making personal, imperti- nent or slanderous remarks, or who shall become boisterous, while addressing the City Council may be requested to leave the meeting and may be by the Pre- siding Officer barred from further au- dience before the City Council. (d) Reading of Protests. Interested persons, or their authorized represents- tires, may address the City Council for the reading of protests, petitions or com- munications relating to any matter over which the City Council has control wben the item is under consideration by the City Council, if a majority of the City Council present agrees to let them be heard. (e) Written Communications. Inter- ested parties, or their authorized repre- sentatives, may address the City Coun- cil by written communication in regard to any matter concerning the City's business or over which the City Coun- cil has control at anytime by direct mail or by addressing the City Clerk. Ail such written communications must be receiv- ed by the City Clerk by noon of the Wednesday immediately preceding the regular council meeting in order that such material may be placed on the agenda for such meeting. SEC. 2-44 SUSPENSION OF RULES. Any provision of these rules not other- wise governed by the Cede of Ordi- nances or the Code of Iowa may be tem- porarily suspended by a vote of three~ fourths of the Council members present. SEC. 2-45. AMENDMENT OF RULES. These rulek may be amended, or new 80 Regular Session, rules adopted, by a majority vote of all members of the City Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior regular City Council meeting. Passed, approved and adopted this 2nd day of February, 1987. James E. Brady Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 11th day of February, 1987. Mary A. Davis City Clerk It 2tll Council Member Khiesner moved that this be considered the second reading of the Ordinance and the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Simon. Carried by the following Yeas--Mayor Brady, Council Mem- bers Deleh, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 14-87 AN ORDINANCE AUTHORIZING JELD-WEN, INC., FIBER PRO- DUCTS OF IOWA DIVISION, TO CONSTRUCT A SUPERSTRUCTURE TO SUPPORT STEAM AND CON- DENSATE LINES, said Ordinance having been g~ven first reading at the Council Meeting of Janoary 18, 1987, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 14-87 AN ORDINANCE AUTHORIZING JELD-WEN~ inc.. FIBER PRODUCTS OF IOWA DIVISION. TO CON- STRUCT A superstructure to support steam and condensate l~nes. February, 2, 1987 NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That JELD-WEN inc., FIBER PRODUCTS OF IOWA DIVI- SION as owners of the premises known as 250 EAST 8th St. Dubuque, Iowa, and legally described as City lots 410, 411, 412, 413, 414 be and they are hereby granted the revocable permit and authority to construct and maintain a superstructure to support steam and condensate lines between our property on city lots 416 and 509 across Wash- ington Street under the terms and con- ditions 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 regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on peo mlttece~ agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or mainte- nance of said superstructure and asso- clated equipment b) Pay on behalf of the City of Dubu- que, all sums which the City of Dubuque shall l~eoeme obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind re- sulting from tho location, installation, existence, construction or maintenance of said superstructure and associated equipment 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 loca- tian, installation, existence, construction or maintenance of said superstructure and associated equipment and to pay reasonable attorney fees therefore and c~ Indemnify and hold City of Du- buque free and harmless from any and all claims, loss. liability and expense for death and/or injuries to third persons or Regular Session, February, 2, 1987 81 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 loca- tion, installation, construction, main- tenance and repair of the facility, work or improvement permitted herein. Section 4. That the permiesinn herein granted is expressly conditioned upon permittces' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittece, .or their suc- oessorS in interest, as owners of the 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 Superstructure and in the event of their failure so to do, the City of Dubuque shall be anthoriz- ed to remove said at permittees' expense and dispose of the same, and the permit- tee shall have no claim against the City or its agents for damages resulting from the removal of said Superstructure. Section 5. That permlttees convenant and agree that the revocable permit' herein granted does not constitute an ap- proval of the design, erection, location, construction, repair or malntenanoe of said facility and said permittoes hereby convenant and agree not to assert such claim or defense against the City of Ddbuque in the evens of claim asserted for death, personal injuries and/or pro- perry damage against the permlttees arising out of or in any way connected with the location, installation, con- struction, design, repair and mainte- nance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights here- under accrue to JELD-WEN, Inc., FIBER PRODUCTS OF IOWA DIVI- · SION when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and he is authorized and directed to file at permiteees' expense a copy of this Or- dinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 2nd day of February, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 14-87 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 14-87 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 permitteee. Dated: February, 2 1987 H.D. Brady General Manager Published officially in the Telegraph Herald newspaper this 6th day of February, 1987. Mary A. Davis City Clerk It 2/6 Council Member Kluesner moved that this be considered the second reading of the Ordinance and the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Kronfeldt. Carried by the folloWing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kinesner, Krieg~ Kronfeldt, Manning, Simon. Nays--None Communication of City Manager prc~ viding further information and recom- mendation on Third Street Overpass AND Communication of Wayne Nor- man of Greater Dubuque Development Corporation (GDDC) relative to 3rd Street Overpass, presented and read. Wayne Norman spoke to the com- munication. Council Member Simon moved that 82 the communications be received and ill- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Khiesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Regular Session, February, 2, 1987 Passed, adopted and approved this 2nd day of February 1987~ Council Member Simon moved that it be resolved that Council Member Loras Kluesner be appointed as their represen- tative to the Greater Dubuque Develop- ment Commission (GDDCI, with term to expire 12-31-87, Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 33-87 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW THEREFORE BE IT 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 Common Stock Trust of Ellis I. Levitt & Central Management Corporation Long John Silver's 1500 JFK IAlso Sunday Sales) Gollnvanx, Inc. Pizza Hut 2075 JFK (Also Sunday Sales) CLASS "E" BEER PERMIT Lucky Stores, Inc. Eagle Food Center #320 2050 JFK IAlso Sunday Sales] James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Khiesner, Krieg, Krunfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 34-87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premlses to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appli- cant(s) a Liquor Licence. CLASS "B"IHOTEL-MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa Ltd. Dubuque Inn 3434 Dodge St. (Also Sunday Sales) CLASS "~C" (COMMERCIAL) BEER AND LIQUOR LICENSE Sehroby~s, Inc. Schroby's (Thomas J. Schrobilgen) 1121 University James W. Goctzinger Goetz's 2776 Jackson St. (Also Sunday Sales) Regular Sessior Passed, adopted and approved this 2nd day of February 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt Manning, Simon. Nays--None. Communication of City Manager sub- mitting Budget and Documents for Fiscal Year 1988, AND Communication of City Manager submitting three Resolutions authorizing the publication of the Official Notices of the Public Hearings required in connection with the adoption of the Fiscal Year 1988 City Budget, presented and read. Council Member Kronfaldt moved that the communications be received and filed and referred to the Budget. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 35-87 SETTING THE DATE OF PUBLIC HEARING ON THE FISCAL YEAR 1988 BUDGET FOR THE CITY OF DUBUQUE WHEREAS, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Section 362.3 of the Code of Iowa. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: February, 2, 1987 83 Section 1. That the City Council shall conduct a public hearing on the propos- ed 1987-1988 budget of the City of Dubuque at the Carnegie Stout Public Library Auditorium, llth and Bluff Streets, Dubuque, Iowa on Monday, February 23, 1987, beginning at 7:30 Section 2. That the City Clerk be and is hereby authorized and directed to publish according to law notice of public hearing together with the required budget information. Passed; approved and adopted this 2nd day of February, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adol~ tion of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Member Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 36-87 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed five year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the capital projects for the first year are included in the Fiscal Year 1988 budget for the City of Dubu- que; and WHEREAS, it is deemed to be ih the best interest of the City of Dubuque to conduct a public hearing and to adopt the five year Capital Improvement Pro- ,,ram simultaneously with the public hearing and adoption of the Fiscal Year 1988 budget for the City of Dubuque. 84 Re ular Session NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council shah conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Library Audi- tarium, 11th and Bluff Streets, Dubu- que, Iowa on Monday, February 23, 1987, beginning at 7:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this 2nd day of February, 1987. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk Council Member Klueener moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kmnfeldt, Man- ning, Simon. Nays--Non~ RESOLUTION NO. 37-87 AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974, as amended, to certain Community Development Block Grant Funds; and WHEREAS. the regulations govern- lng the submission of a statement of in- rant for such funds require that citizens be provided with adequate information ~oncerning the Community Develop. ment Block Grant program and an ade- quate opportunity to participate in the development of the submission and in the deveinpmen~ of any revisions. changes or amendments: and February, 2, 1987 WHEREAS, it has been deemed to be in the best interest of the Community Development Block Grant Pmgrum to hold a hearing to supplement prevlous- ly held meetings with private and public agencies, City Manager's budget meetings, and the public meeting con- ducted by the Community Development Department; and WHEREAS, it is further deemed to be in the best interest of the City of Dubuque to hold such public hearing simultaneously with the public hearing on the five year Capital Improvement Program and the Fiscal 'Year 1988 budget for the City of Dubuque. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form of Exhibit "A" attached hereto and made a part thereof. Passed, approved and adopted this 2nd day of February, 1987. James E. Brady Mayor ATTEST Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kineaner, Krieg, Kronfeldt, Man- ning Simon. Nays--None. printed Council Proceedings for the months of October and November, 1986 for Council approval, presented and ~ead. Council Member Manning moved that the proceedings be approved as printed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady. Council Members Dalch Kluesner, Krieg, Kranfaldt, Man- ning, Simon. Regular Session Nays--Nona MINUTES SUBMITTED: Airport Comn~ of 1-6; Civil Service Comm. of 11-7 & 12-10; Electrial Examining Bd. of 1-13; Historic Preservation Comm~ of 1-13; Hansing Code Review Committee of 12~18; Park and Recreation Comm. of 1-6; Planning and Zoning Conun. of 1-21; Plumbing Bd. of 1-20; Transit Trustee Board of 1-8; Transit Bd. submitting their Earnings Statement and Statistics for 2nd Quarter of FY '87, presented and mad.'- Council Member Manning moved that the minutes be received and filed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueener, Krleg, Kronfaldt, Man- ning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Marian Brade~Kelly, in amount of $30 for tar damages; Louis Green, in amount of $125 for vehicle damages; Charles Schnee in amount of $1,285 for backed-up sewer damages, preeented and Council Member Manning moved that the Claims be referred to the Legal Staff for investigation and report. Seconded by Council Member Deich. Carried by the following v~te: Yeas--Mayor Brady, Council Members Dalch, Klueener, Krleg, Kronfaldt, Man- ning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Intent to file a Release of Funds for various projects (Economic Development Projects: The Country Wagon, CyCare Systems, Inc. and Market Place, Dubuque), presented and read. Council Member Manning moved that the proof be received and filed. Second- ed by Council Member Deice Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. February_2, 1987 85 Nays--None. Petition of John Nelson requesting usponse in writing detailing the City's decision regarding installation of Sanitary Sewer Service on Roosevelt Road Area, presented and read. Council Member Manning moved that the petition be referred to the City Manager. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Corporation Counsel recoromanding denial of Harold Nachtman claim, presented and read. Council Member Manning moved that the communication be received and fil- ed and approved denial. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueener, Krieg, Krenfeldt, Man- ning, Simon. Nays--None. REFUNDS REQUESTED: Terry Frederick, $211.25 on unexpired Liquor License, presented and read. Council Member Manning moved that the refunds be approved and Finance Director directed to issue proper check. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayer Brady, Council Members Deich, Klueaner, Krieg, Krenfaldt, Man- ning, Simon. Naye--Nona January 27, 1987 Honorable Mayor and Members of the City Council Pursuant to a request of the Fire Chief and in accordance with the provisions of Chapter 400 of the 1985 Cede of Iowa, the Civil Service Commission conducted 86 Regular Session February, 2, 1987 written examinations on November 12, 1986 and Physical Agility Tests on January 12, 1987 for the position of "FIREFIGHTER" on the entrance level. We do hereby certify that the following have successfully passed the written ex- am and physical agility test for the posi- tion of Fimfighter. Robert J. Baker Steven Tigges Ronald S. Swartz Mark Ludescber Daniel E. Gansen Patrick DeHeck Frederick Walke Bruce Miller Jeff Udelhofan Christopher Miller Dave Seeugling A second list is available if needed. Respectfully submitted Robert M. Miller Chairperson Gerald J. Koppes Civil Service Commission ATTES~ Mary A. Davis Secretary Council Member Manning moved that the communication be received and ill- ed and made a matter of record. Second. ed by Council Member Deice Carried by the following vote: Yeas--Mayor Brady, Council Membem Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. January 27, 1987 Honorable Mayor and Members of tho City Council In accordance with Rules and Regula- tions established by the Civil Service Commission on February 13, 1984, wedo hereby certify that the following have successfully passed the required exams and have attained the necessary ceo tificatinn for the position of "AM- BULANCE MEDICAL OFFICER". Michael Burds James Imhof Gerald Rogers Terryl Stewart Respectifully submitted, Robert M. Miller ~ Chairperson Gerald Koppes Civil Service Commission ATTES~ Mary A. Davis Secretary Council Member Manning moved that the communication be received and ill- ed and made a matter of record. Second- ed by Council Member Deice Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays-None. Communcation of Iowa Department of Economic Development submitting Audit Report for our Fiscal Yea/ending 6-30-86, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Deice Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesnor, Kriog, Kronfaldt, Man- ning, Simon. Nays--None. Substance Abuse Service Center sub- mitting their Second Quarter Report, presented and rea& Council Member Manning moved that the report be received and filed. Second- ed by Council Member Deice Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None~ Dubuque Metropolitan Area Solid Waste Agency submitting their adopted Budget for the FY '88, presented and read. Council Member Manning moved that the report be received and filed. Seconded by Council Member Deich, Carried by the following vote: Yeas--Mayor Brady, Council Members Regular Session Deich, Klansner, Krieg, Kranfeldt, Man- ni0g, Simon. Nays--None. Dubuque Racing Assn. submitting their Fiscal Year 1986 Financial Statements, presented and read. Coun- cil Member Manning moved that the report be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, K~onfeldt, Man- nlng, Simon. Nays--None. Communication of City Manager re- questing approval of Project Agreement with Iowa Department of Transporta- tion, presented and read. Council Member Manning moved that the com- municatten be received and filed. Seconded by Council Member Deice Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 38-87 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANS- PORTATION FOR THE REHABIL- ITATION OF DODGE STREET FROM GRANDVIEW AVENUE TO BLUFF STREET IN THE CITY OF DUBUQUE WHEREAS, it is deemed advisable to rehabilitate U.S. Primary Highway 20 (Dodge Street) from Grandview Avenue to Bluff Street in the City of Dubuque, Iowa; and WHEREAS~ it will be necessary in the rehabilitation of the street to remove cer- rain quantities of asphaltic concrete materials from the surface and resurface it with an equivalent amount of asphal- tic concrete materials; and WHEREAS, the total cost of the pro- ject is $380,000.00 with the City respon- February, 2, 1987 87 alble for designing, awarding, construc- ting, inspecting and administrating the project; and WHEREAS, the City in addition to the design and associated construction costs will contribute $10,000.00 to the Iowa Department of Transportation towards the construction cost; and WHEREAS, the City will assume the responsibility for all costs necessary for curb, gutter and intake mpaire; and WHEREAS, the City will assume the responsibility for all coat of replacement of loop detecWrs for traffic control at the intersections of Grandview Avenue, Bryant Street and Bluff Street; and WHEREAS, the Iowa Department of Transportetion will be responsible for all other construction costs associated with this project. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be authoriz- ed and directed to execute the attached agreement identified as #87-6-075 with the Iowa Department of Transportation for the rehabilitation of U.S. Primary Highway 20 (Dodge Street) from Grand- view Avenue to Bluff Street in the City of Dubuque, Iowa. Passed, adopted and approved this 2nd day of February, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Corporation 88 Regular Sessio_~n February, 2, 1987 Counsel advising of verdict ruling to awarding settlement to Harriet Love in the amount of 59,500 plus interest at the rate of 10% per annum from August 2, 1983 together with court costs of $137 also advising the case of Danne and Masy Chase has been discussed at no cost to the City, presented and read. Council Member Manning moved that the communication be received and fil- ed and approved Love settlement and received and filed the dismissals. Second- ed by Council Members Deich. Carried by the following vo~e: Yeas--Mayor Brady, Council Members Deich, Klueener, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Paul J. Peckeeh submitting his resignation from the Historic Preservation Commission, presented and read. Council Member Manning moved that the communica- tion be received and filed and accepted with regret. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Zoning Board of Adjustment advising of a Sign Appeal, Docket 64-86, December 11, 1986, presented and read. Council Member Manning moved that the communica- tion be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch. Klueener, Krieg. Kronfeldt. Man- ning, Simon. Nays--None. Communication of Corporation Counsel recommending settlemente of following car damage claims: Marian Brade-Keliy, in o_me. of $30: Mike Burgmeyer in amt. of $35: Dubuque by Co. in amt. $11.44: Edward Gansen in amt. of $54.08: Terry Gansen in of $54.08: Operation: New View in amt. of $35; and Slip and Fall Claim of Esther M. O'Neill in the amount of $222.50 presented and rea& Council Member Manning moved that the communications be received and fil- ed and approved settlements and Finance Director to issue the proper checks. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Corporation Counsel recommending denial of proper- ty damsge (car) claim of Ruth A. Reuter, presented and read. Council Member Manning moved that the communication be received and ed and approved denial. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kmnfeldt, Man- ning, Simon. Nays--None. Mr. John Miller of John Deere Road submitted 1500 signatures opposing the seat belt law, There being no further business, Coun- cil Member Manning moved to adjourn -- 11:05 EM. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner. Krieg, Kronfeldt. Man- ning, Simon. Nays--None. Mary A. Davis City Clerk Approved 1987 Approved _ 1987 Mayor Regular Session February, 2, 1987 Council Members ATTES~ City Clerk 89 90 Regular Session February 16, 1987 CITY COUNCIL OFFICIAL Regular Session, February 16, 1987 Council Met at 7:30 O'clock p.m. in the Public Library Auditorium. Present: Mayor Brady, Council Membera De{ch, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Mayor Brady read the call and state~ that this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Don Schrum, Commander of the Iowa American Legion. PROCLAMATIONS: Week of February 22-28 as "Engineer's Week" received by D. Burchett & S. Balachandran; Week of March 1-8 as "Seabse Week" in Dubu- que; March 1 thru April 19, 1987 as "Easter Seal Weeks" received by Mary Biggins. Council Member Kluesner moved to suspend the rules to allow anyone pre- sent to address tho Council if they so desir~ Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members De{ch, Kluesner, Krieg, Kronfeldt, Man- ning Simon. Nays--Nons Proof of publication, certified to by the Publisher, on Notice to property owners for construction of Old Mill Read Sanitary Sever, presented and read. There were no written objections receiv- ed. Herb Greve, Jim Wail and Bernice Mills ail objected to specifics of the project. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Membem De{ch, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 39-87 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLU- TION OF NECESSITY PROPOSED FOR THE OLD MILL ROAD SANITARY SEWER. WHEREAS, the City Council has pro. posed a Resolution of Necessity for the Old Mill Road Sanitary Sewer, has given notice of the public hearing thereon as required by law; end WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, tbls is the time and place set as provided for the taking of action on the proposed Resolution of Necessity NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and ail objections filed or made having been du- ly considered am overruled, Passed, adopted and approved this 16th day of Februar~ 1987. James E. Brady Mayor ATTESt. Mary A. Davis City ,Clerk Council Member Slinon moved adop- tion of the Resolution. Seconded by Council Member Kluesnor. Carried by the following vote: Yeas--Moyor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Man- ning, Simon. Nays--None Regular Session. February, 16, 1987 91 Proof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specificat/ons for Sanitary Sewer in Old Mill, in the vicinity of Rockdale Road, presented and read. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the fo.{lowing vote: Yese--Mayor Brady, Council Members Da{ch, Klusener, Krieg, Kronfeldt, Man- ning, Simon. 'Nays--None. {RESOLUTION ADOPTING PLANS AND SPECIFICATIONS) RESOLUTi'ON NO. 40-87 WHEREAS, on the 13th day of Jan- uary, 1987, plans, specifications, fprm of contract and estimated cost were fil- ed with the City Clerk of Dubuque, Iowa for the Old Mill Road Sanitary Sewer; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost gas published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, adopted mad approved this 16th day of February, 1987. James E. Brady Mayor ATTEST Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kinsener. Carried by the following vote: Yeas--Mayor Brady, Council Members De{ch, Klusener, Krieg, Kwnfeldt, Man- ning, Simon. Nays--None. {ORDERING BIDS) RESOLUTIONS NO, 41-87 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Old Mill Road Sanitary Sewer is hereby ordered to be advertis- ed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to aecompaay each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and Specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 5th day of Mawh, 1987. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the Council for final action at 7:30 lxm. on the 16th day of March, 1987. Passed, adopted and approved this 16th day of February, 1987. James E. Brady Mayor ATTE S~. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Klusener. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Klu~aner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. 92 Regular Session, February, 16, 1987 Communication of City Manager re- questing authorization to submit FY '88 Consolidated State Transit Assistance Application and Section 9 FY '88 Operating/Capital Assistance Applica- tion and set for Public Hearing on March 16, 1987, presented and read. Council Member Klueaner moved that the communication be received and fil- ed and set for Hearing on March 16, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the fuliowing vote: Yeas--Mayar Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--Council Member Kronfeldt. RESOLUTION NO. 42-87 RESOLUTION AUTHORIZING THE FILING OF A CONSOLIDATED GRANT APPLICATION FOR OPERATING AND SPECIAL PRO- JECTS ASSISTANCE WITH THE STATE TRANSIT ASSISTANCE PROGRAM AND AUTHORIZING THE ENTERING INTO OF A CON- TRACT WITH THE IOWA DEPART- MENT OF TRANSPORTATION NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized to sub- mit and execute on behalf of the City of Dubuque a consolidated grant applica- tion for 1.9832% of formula funds (ap- proximately $40,000) and 517,600 in Special Projects assistance to aid in financing the rehabilitation of two 35' buses, with the State Transit Assistance Program and is further authorized to enter into a contract with the Iowa Department of Transportation for such operating and special projects assiztanc~ Section 2. That the Transit Manager is hereby authorized to furnish such ad- dit~onol information as the Iowa Depart- ment of Transportation may require in connection with such grant application. Passed, adopted and app~ved this 16th day of February, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the l~sulution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--Council Member Kronfeldt. RESOLUTION NO. 43-87 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANS- PORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTA- TION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Trans~ pectation is authorized to make grants for a mass transportation program of projects; WHEREAS, the contract for financial assistance will impose certain obligation upon the applicant, including the provi~ sion by it of the local share of the pro- ject costs in the program; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connec- tion with the filing of and application far assistance under the Urban Mass Transportation Act of 1964, as amend- ed, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Depart- ment of Transportation requirements thereunder; and WHEREAS, it is the goal of the ap- plicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum construction contract, sup- plies, equipment contracts, or consultant and other services. Regular Session, February, 16, 1987 93 kNOW, THEREFORE, BE IT RE- Council Member Kluesner moved SOLVED BY THE CITY COUNCIL adoption of the Resolution. Secondedby OF THE CITY OF DUBUQUE, IOWA: Council Member Simon. Carried by the following vote: Section 1. That the'Mayor of the City of Dubuque is authorized to execute and Yeas--Mayor Brady, Council Members file applications on behalf of the City of Deich, Kluesner, Krieg, Manning, Simon. Dubuque With the U.S. Department of Transportation to aid in the financing of Nays--Council Member Kronfeldt. an operating assistance project and the financing for the rehabilitation of two 35' Communication of City Manager sub- buses, the purchase of one replacement mitting documents and procedures for handicapped accessible mim'-bus and the the construction of a Restroom Facility purchase of miscellaneous* shop equip- on Schmitt Island, in the vicinity of the ment pursuant to Section 9 of the Ur~ Boat Launching Ramp, presented and ban Mass Transportation Act of 1964, as read. amended. Council Member Kluesner moved that Section 2. That the Mayo~ of the City the communication be received and fil- of Dubuque is authorizgd to execute and ed. Seconded by Council Member Simon. file with such applications an assurance Carried by the following vote: or any other document required by the U.S. Department of Transportation effec- Yeas--Mayor Brady, Council Members tuating the purposes of Title VI of the Deich, Kinesner, Krieg, Kronfeldt, Man. Civil Rights Act of 1964. ning, Simon. Section 3. That the Transit Manager is authorized to furnish such additional Nays--Nona information as the U.S. Department of Transportation may require in connec- (PRELIMINARY APPROVAL OF tion with the application for the program PLANS AND SPECIFICATIONS) of projects. RESOLUTION NO. 44-87 Section 4. That the Mayor ul the City of Dubuque is authorized to set forth BE IT RESOLVED BY THE COUNCIL and execute affi~native minority OF THE CITY OF DUBUQUE, IOWA: business policies in connection with the program of projects' procurement needs. That the proposed plans, specifica- tions, form of contract and estimated Sectinn5. That the Mayor of the City cost for the Schmitt Island Restroom of Dubuque is authorized to execute Facility, in the estimated amount of grant agreements on behalf of the City $47,680.38, are hereby approved and of Dubuque with the U.S. Department ordered filed in the office of the City of Transportation for aid in the financ- Clerk for public inspection. lng of the operating/capital assistance program of projects. Passed, adopted and approved this 16th day of February, 1987. ~Tbe undersigned duly qualified and ac- ting Mayor of the City of Dubuque cer- James E. Brady titles that the foregoing is a true and co~ Mayor rect copy of a resolution, adopted at a legally convened meeting of the City ATTESt. Council of the City of Dubuque, Iowa, Mary A. Davis held on February 16, 1987. City Clerk James E. Brady Council Member Kinesner moved Mayor adoption of the Resolution. Seconded by Council Member Simon. Carried by the ATTESt. following vote: Mary A. Davis City Clerk Yeas--Mayor Brady, Council Members 94 Re ular Session, February, 16,1987 Daich, Kluesner, Krieg, Kmnfeldt, Man- nlng, Simon. Nays--Non~ (FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS) RESOLUTION NO. 45-87 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion of the Schmitt Island Rastroom Facility. NOW, THEREFORE, BE IT RESOLV- ED that on the 16th day of March, 1987, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at winch time interested persons may ap- pear and ha heard for or against the pro- posed plans and specifications, form of c~ntract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, winch notice shell not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the pmpes- ed plans, specifications, contract, or estimated cost of the improvement. Passed. adopted and approved this 16th day of February, 1987. Jame E. Brady Mayor ATTE S~. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the fonowing vo~e: Yeas--Mayor Brady, Counc'd Members Deich, Kluesner. Krieg, Kmnfeldt, Man- ning, Simon. Nays--None. (ORDERING BIDS) RESOLUTION NO. 46-87 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Schmitt Island Restmom Facility is hereby ordered to be advertis- ed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to occompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on tbe 3rd day of March, 1987. Bids shall be opened and read by the Cf- ty Clerk at said time and will be submit- ted to the Council for final action at 7:30 p.m. on the 16th day of March, 1987. Passed, adopted and approved this frith day of February, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kinesner moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner. Krieg, Kronfaldt, Man- ning, Simon. Nays--Non~ RESOLUTION NO. 47-87 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,000,000 GENERAL OBLIGA- TION BONDS AND LEVYING A TAX TO PAY SAID BONDS Regular Session February, 16, 1987 95 WHEREAS, the Issuer is duly incor- porated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to .pay costs of construction, reconstruction and repairing of street improvements and impmvemente to the municipal airport, an essential corporate purpese, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $4,000,000 be issued for said purpose; an.d WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bond; and WHEREAS, pursuant to the provi- sions of Chapter 75 of the Code of Iowa, the above mentioned bonds were here- tofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RE- SOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Definitions. The following terms shall have the following meanings in this Resolution unless the text ex- presaly or by necessary implication re- quires otherwise: (a) "Issuer" and "City" shall mean the City of Dubuque, Iowa; (b) "~easurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and respon- aibilities with respect to the recording and payment of the Bonds issued here- under; (c) "Bonds" shall mean $4,000,000 General Obligation Bonds, authorized to be issued by this Resolution; (d) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the pro- ceeds of the Bonds. (e) "Rebate Fund" shall mean the fund so defined in and established pur- anant to the Tax Exemption Certificate. (f) "Registrar" shall be Bankers q~ust Company of Des Mdines, Iowa, or such successor as may be approved by Issuer as provided heroin and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the bonds. Unless other- wise specified, the Registrar shall also act as Transfer Agent for the bonds. (g) "Paying Agent" shall bo the Bankers Trust Company, or such suc- cessor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of prin- cipal of and interest on the Bonds as the same shall become due. (h) "Tax Exemption Certificate" shall mean the qhx Exemption Certi- ficate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. Section 2. Levy and Certification of Annual ~ax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the to_xable property in Dubuque, Iowa, to- wit: Fiscal Year (July 1 to June 30) Year of Collection: $321,138 198W1988 $282,675 1988/1989 $229,375 1989/1990 $278,275 1990/1991 $274,975 1991/19~2 $471,525 1992/1993 $433,325 1993/1994 $495,825 199411995 $504,250 1995/1996 $536,050 1996/1997 $539,850 1997/1998 $591,900 1998/1999 $639,400 1999/2000 $607,200 2000/2001 96 Regular Session (NOTE: For example the levy to be made and certified against the taxable valua- tions of January 1, 1986, will be collected during the fiscal year commencing July 1, 1987). (b) Resolution to be Filed With County Auditor. A certified copy of this Resointion should be flied with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby in- structed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resalutlon, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available, Principal and interest coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addi- tion t~ all other taxes in and for the City, and when collected they shall be con- verted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1987 No. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the prin- cipal of and interest on the Bonds here- inefter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revqnue. Section 4. Application of Bond Pro- ceeds. Proceeds of the Bends other than accrued interest except as may be pro- vided below shall be credited to the Pro- ject Fund and expended therpfrom for the purpose of issuance~ Any amounts FebruarY_,16, 1987 on hand in the Project Fund shall be available for the payment of the prin- cipal of or interest on the Bonds at any time that other funds shall be insuffi- cient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not im- mediately required for its purposes may be invested not inconsistent with limita- tions prevlded by law or this Rasalutlon. Accrued interest, if any, shall be de- posited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in direct obligations of the United States Govern- ment or deposited in financial institu- tions which m~ members of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or FSLIC or its equivalent successor in any one finan- cial institution shall, be continuously secured by a vafid pledge of dircet obliga- tions of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $4,000,000 shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid pur- posa The bonds shall be designated "GENERAL OBLIGATION BOND", be dated March 1, 1987, and bear in- terest from the date thereof, until pay- ment thereof, at the office of the Paying Agent. said interest payable on Novem- ber 1, 1987, and semiannually theraftor on the 1st day of May and November in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the facsimile signature of the Mayor and tested by the fucsimlle signature of the Clerk, and printed or impressed with the Regular Session, seal of the City and shall be fully registered as to both principal and retest as provided in this resolution; prin- cipal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 each or multiples thereof. Said Bonds shall mature and bear interest as follows: interest Principal Maturity Rate Amount May 1st 4.40% $ 75,000 1988 4.40% $ 75,000 1989 4.40% $ 25,000 1990 4.40% $ 75,000 1991 4.60% $ 75,000 1992 4.80% $275,000 1993 5.00% $250,000 1994 5.10% $325,000 1995 5.20% $350,000 1996 5.30% $400,000 1997 5.40% $425,000 1998 5.50% $500,000 1999 5.60% $575,000 2000 5.60% $575,000 2001 lb) Rederaption. Bonds maturing on and after May 1, 1998 may be called for redemption prior to maturity from any funds regardless of source on any in- terest payment date on or after May 1, 1997, in whole, or fr%m time to time in part, in inverse order of maturity and within a maturity by lot, upon terms of par and accrued interest plus a premium of one-half of one percent (1/2 of 1%) of the principal amount of any such bonds called for such redemption for each year or fraction thereof between the redemp- tion date and the stated maturity of such bonds, but in any event not to exceed two percent (2%) of the princlpal amount of such bonds, by giving thirty (30) days' . notice of redemption by registered mail to the registered owner of the bond. If selection by lot within a maturity is required, the Registrar shall by ran- dom salection of the names of the regi- stered owners of the entire annual maturity select the bonds to be redeem- ed until the total amount of bonds to be called has been reached. Section 7. Registration of Bonds; Ap- pnintment of Registrar; Transfer; Ownership; Delivery; and Cancellation. February, 16, 1987 (a) Registratinn~ The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this mferenc~ Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal ef and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this resolution. {b) Transfer. The ownership of any Bond may be transferred only upon the Registration Bouke kept for the registra- tion and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duty executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social sacur- ity number or federal employer iden- tification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such trans- farces). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owne~r required above. Upon the transfer of any such Bond, a new ful- ly registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rat9 and maturing on the same date or dates shall be delivered by the Registrar. (al Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registra- Regular Session._.____._~, February 16, 1987 tion Books, the Bonds, in accordance with the provisions of this Reeolutlon. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- ment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the regi- stered owner thereof or his legal representative. All such payments shah be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the ex- tent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. AH Bonds which are cancelled by the Registrar shall be destroyed and a cer- tlficate of tho destruction thereof shah be furnished promptly to the Issuer; pro- vided that if the Issuer shall so dlmct, the Registrar shall forward the cancell- ed Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check repreeen- ting payment of interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, aH Rebflity of the Issuer to the owner thereof for such interest or payment of such Bonds shah forthwith cease~ terminate and be completely dis- charged, and thereupon it shah be the duty of the Paying Agent to bold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his par~ ,under this Resolution or on, or with respect ~ such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal re two years and six months following the date on which such interest or prin- cipal became dub whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any re- maining funds so held to the Issuer, whereupon any claim under this Resolu- tion by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of llke tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon fur- nishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses.as the Issuer · may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the regis- tered holder thereof or to their desig- nated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the paymen~ date. All such payments shall fully discharge 'the obligations of the Issuer in respect of such Bonds to the exten~ of the payments so mad~ Payment of principal shall only be made upon sur- render of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor Regular Session, and Clerk shall execute and deliver the Bonds to the Registrar, who shall ' authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authenti- cation substantially in the form of the Certificate herein set forth. Such Certi- ficate upon any Bond executed on behalf of the Issuer sliall be conclusive evidence that the Bond so authenticated has been duly issued under this Re~dlution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and un- til there shall have been provided the following: 1. A certified copy of the resolution of Issuer authorizing the issuance of the Bonds; February 16, 1987 99 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee~ Bond Counsel, concerning the validity and legality of all the Bonds pm- posed to be issued. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substan- tially in the form as follows: (1) (9) (9A) (10) (continued on the back of this Bond) FIGURE 1 (Front) 100 (lO) (Continued) Regular Session, February 16, 1987 (16) (17) FIGURE 2 (Rack) The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1. figure 1 = "STATE dF IOWA" '*COUNTY OF DUBUQUE" "OITY OF DUBUQUE' "GENERAL OBLIGATION BOND *'ESSENTIAL CORPORATE PURPOSE." Item 9. figur~ [ = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by rue of the Constitution and laws of the State of Iowa {the "Issuer'% for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A. figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Ownerl. Item 10. figure 1 = or registered assigns, the principal sum of (prlncipal amount written curl Thousand Dollars in lawful money of the United States of America. on the matumty date shown above, only upon presentation and su~ rendor hereof at the office of Bankers Trust Company, Paying Agent of this Issue. or its successor, with interest on said sum from the date hereof until paid at the rare per annum specified above. payable on November 1. 1987. and semi- annually thereafter on the let day of May and November in each year Interest.and principal shall be paid to the registered holder of the Bond as shown on the records of ownership main- tained by the Registrar as of the 15th day of the month next preceding such in- terest payment dato. Interest shall ce computed on the basis of a 360-day year of twelve 30~day months. This Bond is issued pursuant to the Regular Session provisions of Section 384.25 of the City Code of Iowa, for the purpose of paying costs of construction, reconstruction an( ~epalrlng of street improvements and ira- provements to the municipal airport, in conformity to a Resolution of the Coun- cil of said City duly passed and approved. Bonds maturing on and after May 1, 1998 may be called for redemption prior to maturity from any funds regardless of source on any interest.payment date on or aRer May 1, 1997, in whole, or from time to time in part, in inverse order of maturity and within a maturity by lot, upon terms of par and accrued interest plus a premium of one-half of one per~ cent (1/2 of 1%) of the principal amount of any such bonds called for such re- demption for each year or fraction there- of between the redemption date and tN stated maturity of such bonds, but in any event not to exceed two percent (2%) of the principal amount of such bonds, by giving thirty (30) days' notice of redemption to the registered owner of the bond. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this Bond may be trans- ferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized at- torney in the form as shall be satis- factory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bond- holders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Sec- tion 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Reso- lution. And it is hereby represented and cer- tiffed that all acts, conditions and things requisi~ according to the laws and Con- February 16, 1987 101 stitutinn of the State of Iowa, to exist, to be had, to be done, or to be perform- ed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that pro- vision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the prin- cipal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of tho Issuer including this Bond, does not exceed the constitutional or stat- utory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Bankers Trust Com- pany, Des Moirles. Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure I = This is one of the bonds describ- ed in the within mentioned resolution, as registered by Bankers Trust Company, Bankers Trust Company By Registrar Item 13, figure 1 = Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Company Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block( City of Dubuque, Iowa By: (facsimile s~ Mayor Attest: (facsimile s~ure) City Clerk 102 Regular Session, FebruarY 16, 1987 Item 16, figure 2 = It is certified that the following is a correct and com- plete copy of the opinion of bond counsel issued as the date of de- livery of the issue of which this Bond is a part. (facsimile si ature) City Clerk [Opinion of Bond Counsel[ Item 17, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or ~ Identification Na .) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the witMn Bond, w~th full power of substitution in the premises, Dated (Persan(s} executing this Assignment sign(s) here) SIGNATURE} GUARANTEED] IMPORTANT - READ CAREFULLY The signaturels) to this Power must co~ respond with the namelsl as written upon the face of the certficatels~ or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee should be made by a member or member organiza- tion of the New York Stock Exchange, members of other Exchanges having slgnarures on file with transfer agents or by a commercial bank or trust company. INFORMANTION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transfereels) Address of Transferee~s, Social Security or TOx Identification Number of Transferee(s) Transferee is a(n): Individual* __ Corporation __ Partnership q~ust. *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one ad- dress and social security number must be provided. The following abbreviations, when ed in the inscription on the face of this Bond, shall be construed as though writ- ten out in full accomling to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN · as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT -- ........... Custodian ........... (Cust) (Minor[ under Iowa Uniform Transfers to Minors (State) Section 13. Contract Between Issuer and Purchaser. This Resolution con- stitutes a contract between said City and the purchaser of the Bonds. Section 14. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(al and (b~ of the Internal Revenue Code of the United States. and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder To the best knowledge and belief of the Issuer there are no facts or circum- stances that would materially change the foregoing statements or the conclu- sion that it is not expected that the pre- cceds of the Bonds will be used in a man- ner that would cause the Bonds to be a~ bitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provi- Regular Session, February sions of the Tax Exemption Certificate and the provisions vf the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and and insert all calculations and deter- minations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the ~ax Exemp- tion Certificate at issuance of the Bonds to certify as to the reasonable expecta- tions and covenants of the Issuer at that date. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, ,such invalidity shall not affect any of the re- maining provisions hereof, and this Resolution shall become effective im- mediately upon its passage and ap- proval. Section 16. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (al will make such further specific covenants, representations and assurances as may be necessary or ad- visable; (b) comply with all represente· tions, covenants and assurances con- tamed m the Tax Exemption Cer tlficate, which ~ Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defin- ed in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing re- quired rebates of excess arbitrage profits relating to the Bonds; (el file such forms, statements and supporting documents as mey be required and in a timely man- ner; and (f~ if deemed necessary or ad- visable by its officers, to employ and pay fiscal agents, financial advisors, at- torneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Hesulutinn to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amend- ment is necessary to maintain tax ex- eruption with respect te the Bonds under applicable Federal law or regnla~ions. 16, 1987 103 Section 18, Qualified ~l~x-Exempt Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably antici- pated amount of tax exempt government and Code Section 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 19. Repeal of Conflicting Resolutions or Ordinances. That all o~ dinances and resolutions and parts of or- dinances and resolutions in conflict herewith are hereby repealed. Passed and approved this 16th day of February, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of City Manager questing approval of a Resolution authorizing a loan of Eighty Thousand Dollars ($80,000) to Dubuque Data Set- vices from Local Community Develop- ment Block Grant Loan, presented and read. Council Member Simon moved that the communication be received an~ fil- ed. Seconded by Council Member Kron- faldt. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- nhig~ Simon. Nays--None. 104 Regular Session RESOLUTION NO. 48-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUN- ITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH THE DUBUQUE DATA SERVICES WHEREAS, under provisions of Title I of the Housing and Community Development Act of 1974, as amended the City of Dubuque has mcalved Com- munity Development Block Grant Funds for the purpose of stimulating economic development activities within the community; and WHEREAS, the City of Dubuque, Iowa desires to assist Dubuque Data Services in its efforts te enhance and ex~ pand its existing operations; and WHEREAS, the City of Dubuque, Iowa desires to create permanent employment opportunities for its citizens; and to encourage the diversifica- tion of the local economy; and WHEREAS, a Loan Agreement is to be executed by Dubuque Data Services and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque, Iowa upon tho Loan Agreement hereto attached, awarding an eighty thousand ($80,000) loan to Dubuqu6 Data Services, accor- ding to the terms specified therein. Section 2. That the City Manager be and ho is hereby authorized to disburse loan funds from the Community Devel- opment Block Grant entitlement fund. m accordance with the ~erms and con- ditions of tho Loan Agreement hereto attached. Passed, approved and adopted this 16th day of Febraury, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk February 16, 1987 Council Member Simon moved adop- tion of the Resolution, Seconded by Council Member Kronfeldt. Carried by the Ioliowing vote: .Yeas--Mayor Brady, Council Members Deich, Kluesner, Kranfaldt, Manning, Simon. Nays--None. Communication of City Manager re- questing Mayor be authorized to sign the Grant Agreement with HUD in the amount of $800,000 for Calendar Year 1987, presented and read. Council Member Simon moved adop. tion of the communication. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kmnfeldt, Man~ ning, Simon. Nays--Nona RESOLUTION NO. 49-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUN- ITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1987 WHEREAS, under provisions of Title I of Housing and Community Develop- ment Act of 1974, as amended, the City oI Dubuque prepared and submitted a Statement of Intent on December 1, 1986 for a Community Development Block Grant; and WHEREAS~ the submission has been approved by the Department of Hous- ing and Urban Development in the amount of $800,000 for a twelve-month program commencing January 1, 1987; and WHEREAs. a Grant Agreement covering the octivit~es proposed to be carried out with Community Develop- men~ Block Grant funds has been tendered the City of Dubuque. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, Section 1. That the Grant Agreement, authorized by the U.S. Department of Housing and Urban Development on February 3, 19874 for a Community Development Block Grant to the City of Dubuque is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby author~- ed and directed to execute a Commun- ity Development Block Grant Agree- ment identified as Grant Agreement B-87-MC-19-0004 for submission to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 16th day of February, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Diech, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays-None. Communication of City Manager re- questing authorization to enter into an Agreement with Turning Point Treat- ment Center for the purpose of providing Employee Assistance Program to our employees, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kmnfeldt, Man- ning, Simon. Nays-Nona RESOLUTION NO. 50-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND TURNING February 16, 1987 105 POINT TREATMENT CENTER FOR THE PURPOSE OF PROVIDING EMPLOYEE ASSISTANCE PRO- GRAM SERVICES. · WHEREAS, the City Council appro- priated $5,000 in the Fiscal Year 1987 budget to provide an employee assis- tance program; and WHEREAS~ the City of Dubuque has solicited proposals from various human resource agencies in the Dubuque area to provide an employee assistance pro- gram for its employees; and WHEREAS, qhrning Point ql~atment Center has submitted a proposal that meets the requested scope of services and is within the budget appropriation. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be authorized to enter into an agreement with Turning Point Treatment Center of Dubuque, Iowa, for the purpose of pro- viding employee assistance program services. Passed, approved and adopted this 16th day of February, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Krenfeldt. Man- ning, Simon. Nays--None Communication of City Manager sub- mitting applications for property tax ex~ eruptions filed under the Dubuque Ur- ban Revitalization Program, presented and read. Council Member KronIeldt moved that the communication be received and 106 Regular Sessi?n February 16, 1987 filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None, RESOLUTION NO. 51-87 A RESOLUTION APPROVING TAX EXEMPTION APPLICATIONS SUB- MITTED BY PROPERTY OWNERS IN THE JACKSON PARK, WEST ELEVENTH STREET, AND WASH- INGTON STREET URBAN REVI- TALIZAT1ON AREAS, AND AUTHORIZING THE TRANSMIT- TAL OF THE APPROVED APPLICA- TIONS TO THE CITY TAX ACCESSER WHEREAS, the Urban E~vitallzation Act, as enacted by the 68th General Assembly of the State of Iowa, allows cities to give property tax exemptions for improvements made to properties in a designated revitalization area; and WHEREAS, the Urban Revitalfeation Act requites each property owner to sub- mit a written exemption application by February 1 of the assessment year for which the exemption is first claimed, and further requires the governing body of the City to approve all applications that meet the mq(uiremente of the adopted Urban Revitalfeation Plan and forward the approved applications to the local assessor for review by March 1 of each year; and WHEREAS, pursuant to the re- quirements of said Urban Revltallza~ion Act, City Ordinances 74-80, 15-81, and 40-81 established the Jackson Park, West Eleventh Street, and Washington Street Urban Revitalization Areas, respectively; and WHEREAS, the City Clerk of the Ci~ ty of Dubuque, as of February 1, 1987, received tax exemption applications from owners of property as follows: Stephen Selchert for improvements at 1496 Central and 28 and 30 E. 15th; Smith Management for improvemente at 1124 Locust; Delores Kloser for im- provements at 825 W. llth; Malers/ Schmitt Apartments for improvements at 1028-30 Walnut; P&H In~estmente for improvements at 1025 Walnut and 1555 Main; Steven Kirch for improve- ments at 1605 White; Lyfe A. Gassmann for improvements at 1555 White; Wilmer M. Gotz of Gotz & Kinesner Cb for im~ provements at 1037 Locust and I025 Locust; Bill and Deborah Pauly for im- provements at 1125 Highland; Kent and Brooke Baurnann for improvements at 1133 Highland; and WHEREAS, Staff of the City's Com~ munity Development Department have reviewed the above-described applica- tions and inspected the properties, and have determined that the applications and the improvements conform to all re- quiremente of the City of Dubuque's U~ ban Revitalization Plan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax exemption applications meet all re- qukemente of the City of Dubuque's U~ ban Revitalization Plan. Section 2. That the above-daserlbed tax exemption applications are hereby approved by the City Council, subject to the review and the approval of the City Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the above-described tax e×emp- tion applications to the City Assessor. Passed, approved and adopted this 16th day of February, 1987. Jmnee E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the resolution. Seconded by Council Member Simon. Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfetdt, Man- ning, Simon. Nays--None. Communication of City Manager re- questing Council concurrence not to in- Regular Sessio~ stall the requested sewer extension on Roosevelt Road at this time AND Peti- tion from John Nelson requesting a two week delay before final decision or vote is taken, presented and read. Council Member Kinesner moved that the communication and petition be deferred to the meeting of March 16, 1987. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Mau- ning. Simon. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacting a new Section 25-100 thereto providing for the use of Safety Belts and Safety Hat- nesses in Motor Vehicles (lst reading given on 2-2-87), presented and read. Council Member Kinesner moved that this be considered the second reading of the Ordinance. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Council Members Kinesner, Krieg, Kronfeldt, ~anning, Simon. Nays--Mayor Brady, Council Member Deich. Communication of City Manager sub- mitting au Oixilnance emending the City Code relating to the Central Market operations, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Member Delch, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None ORDINANCE NO. 15-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 24-26 AND SUBSECTION (bi OF SECTION 24-27 IN LIEU THEREOF PRO- February 1~ 1987 107 VIDING FOR SALE OF FISH IN THE CENTRAL MARKET AND IN- CREASING THE AMOUNT ADDED TO EACH PERMIT BY TEN DOLLARS ($10) FOR USE BY THE FARMER'S MARKET ADVERTIS- ING CAMPAIGN, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 15-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 24-26 AND SUBSECTION (b) OF SECTION 24-27 THEREOF AND ENACTING A NEW SECTION 24-26 AND SUBSECTION (b) OF SECTION 24-27 IN LIEU THEREOF PROVIDING FOR THE SALE OF FISH IN THE CENTRAL MARKET AND INCREASING THE AMOUNT ADDED TO EACH PER- MIT BY TEN DOLLARS ($10.00) FOR USE BY THE FARMERS' MARKET ADVERTISING COMMITTEE NOW THEREFORE, BE IT 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 ~ection 24-26 thereof and enacting a new Section 24-26 in lieu thereof as follows: "Se~ 24-26. Merchandise permitted to be displayed; limitations and prohibitions. (a) Permitted merchandise. Any person, firm or corporation may display, offer for sale or sell on the st~eete or sidewalks of the Central Market poultry, vege- tables, flowers, bakery items, eggs, fruits, cheeses, fish, or arts and/or crafts which have been raised, produced, caught, or crafted by the vendor (except cheese which must be prepared by a licensed, inspected cheese making plant) and which are displayed and sold at a stall for which a permit has been issued as provided in Section 24-27 of this Article. (b) Limitations and prohibitions. (1) No. person, firm or corporation shall display, offer for sale or sell any food or merchandise without first having com- plied with the laws of the State of Iowa relating to licensing, inspection and taxation. 108 Regular Session February 16, 1987 (2) There shall be no sale of homemade jellies, catsup, home-canned vegetables or fruits, homemade butter, milk, or fresh or home-canned meats, except fowl or fish which is properly iced and protected. (3) Bakery goods, such as cookies, cakes, bread and candies, and cheeses must be individually wrapped. Soft pies and bakery goods with custard or cream type fillings shall not be sold or offered for sale. (4) All fruits and vegetables shall be stored in clean containers in trucks or on risers along the street or sidewalk. (5) All foodstuffs shall be protected from excessive exposure to flies, dust and other contamination and shall be displayed so that the bottom of the display is not less than two (2) feet above the surface of the sidewalk or street." Section 2. That the Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Subsection (b) of Section 24-27 thereof and enacting a new Subsec- tion (b) of Section 24-27 in lieu thereof as follows: "Sec. 24-27. EstaMishment of market stalls; issuance of permits. (b) To each permit fee shall be added the sum of fifteen dollars (515.00) which shall be distributed by the finance direc- ter to an authorized representative of the Farmers' Market Advertising Commit- tee to be used for promotion of the Cen- tral Market. The fee shall be charged and collected a; the same time of the iz- suance of the permit and paid to the city Passed. approved and adopted this 16th day of February, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officialiy in the Telegraph Herald newspaper this 23rd day of February, 1987, Mary A Davis City Clerk It 2/23 Council Member Kronfeldt moved that thls 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 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 Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klansner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 52-87 BE IT RESOLVED by the City Coun- cfi of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sail Cigaret~ tes and Cigarette Papers within said City. Mary Ann Whelan Grandview Milk House 620 S. Grandvlew Ave. Passed, adopted and approved this 16th day of February 1987. James E. Brady Mayor ATTE S'E. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch. Kinesner. Krieg, Kronfeldt, Man- ning, Simon. Nays--None~ RESOLUTION NO. 53-87 WHEREAS, Applications for Beer Regular Session, February Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicante a Beer Permit. CLASS "B" BEER PERMIT George M. Stephenson Bunker Hill Goff Course Bunker Hill Rd. (Also Sunday Sales) CLASS "C" BEER PERMIT Mary Ann Who]an Grandview Milk House 620 S. Grandvizw Ave. (Also Sunday Sales) Iowa Oil Company IOCO Speede Sho]?pe 1481 Dodge St. (Also Sunday Sales) Brian's, Inc. Brian's, Inc. 3305 Asbury Rd. (Also Sunday Sales) CLASS "E" BEER PERMIT Nash Finch Company Econofoods #471 3355 J.EK. C/rcle (Also Sunday Sales) Beverly E. Miller Sid's Beverage Store 260 Southern Ave. (Also Sunday Sales) Passed, adopted and approved this 16th day of February f987. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk 16, 1987 109 Council Member Deich moved adop- tion of the Resolution. Seconded Coun- cil Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 54~87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises ~;o be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor Licensa CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Patrlcia Lombardi Schuster Ms. Pat's 1630 E, 16th St. (Also Sunday Sales) Apartments, LTD. (Stephen Ankeny) Dubuque Mining Cb Kennedy Mall (Also Sunday Sales) Town Clock Inn, In~ (Stephanie Nelson) Town Clock, Inn, Inc Town Clock Plaza Cue Master Limited, Inc. Steve -- Dena Lampe 841 Central ~ve. (Also Sunday Sales) CLASS "C" (SPECIAL) BEER WINE LICENSE Finer Foods Restaurant, Inc. 3130 Jackson (Also Sunday Sales) 110 CLASS "E" LIQUOR LICENSE Regular Session February 16, 1987 Carried by the following vote: Hy-Vee Food Stores, Inc. Hy-Vee Food Store 3500 Dodge Street Passed, adopted and approved this 16th day of February 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deich moved adoption of the Reeelution. Seconded by Council Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich; Kineener, Kreig, Kranfaldt, Man- ning, Simon. Nays--None. Loras College requesting to transfer their Class "B' Beer Permit to the Field House~ 1460 Alta Vista on February 20, 1987 AND HyVee Food Stores, Inc~, d/b/a Save IJ More requesting to transfer tbelr Class "E" Beer Permit to 3500 Dodge St. during tenure of current llcenee~ presented and read. Council Member Deich moved that the transfers be approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. MINUTES SUBMITTED: Airport Corem. of 1-20; Cable Community Teleprogramming Comm. of 2-3; Cable TV Regulatory Comm. of 1-28; Five Flags Comm. o£ 1-19; Historic Preserva- tion Comm. of 1-27; Housing Code Review Comm. of 1-14; Public Library of 1-20; Zoning Bd. of Adjustment o£ 1-22; Mechanical Board of 2-3, presented and read. Council Member Klueaner moved that the minutes be received and filed. Seconded by Council Member Kr°nfeldt. Yeas--Mayor Brady, Council Members Deich, Klueener, Krieg, Kmnfeldt, Man- ning, Simon. Nays--None" Civic Center Commission advising City Council of an accurate portrayal of Self. Promotlons at Five Flags, presented and mad. Council Member Kluesner moved that the report be received and filed. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brad~, Council Members Da/ch, Klueaner, Krleg, Kronfaldt, Man- ning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims paid for the month o~ December, 1986, presented and read. Council Member Klueener moved that the proof be received and fried. Second- ed by Council Member Kronfaldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- nlng, Simon. Nays--None. Communication of Assistant City At~ torney, James 0' Brien, advising of deci- sion received regarding litigation against Flynn Ready Mix, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Krunfeldt, Man- ning, Simon. Nays--None" NOTICES OF CLAIMS AND SUITS: Ken Arenedorf, in est. amt. of $81.87 for vehicle damages, presented and read. Regular Session, February 16, 1987 111 Council Member Kluesner moved that the suits/claims be referred to the Legal Staff for investigation and report. Seconded by Council Member Krordeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Cheryl- A. Rose re- questing continued financial support to Helping Services of Northeast Iowa. presented and read. Council Member Kluesner moved that the communication be referred to the Budget. Seconded by Council Member Kmnfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving final plat of "Raven Oaks" located south of Raven Oaks Drive. presented and read. Council Member Kl~esner moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brandy, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION 55-87 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVI- SION OF LOT 1 OF LOT 2 OF LOT 1 OF "RAVEN OAKS" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has bee~ fried with the City of Clerk a finalplat of the Sub- division of Lot I of Lot 2 of Lot I of "Raven Oaks" in the City of Dubuque. Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating theret~ except that the adjoining Raven Oaks Drive has not been improved; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission with the condition that Raven Oaks Drive be improved thirty feet easterly to the northwest corner of Lot 2 and the sidewalk be completed to tie into the existing sidewalk to the east; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating theret~ except that the adjoining Raven Oaks Drive has not been improved; and WHEREAS, the City Council con- currs in the conditions of approval established by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Lot i of Lot 2 of Lot 1 of "Raven Oaks" in the City of Dubuqu~ Iowa be in the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat, provided that the owners of said property shall execute a written exceptance hereto attached acknowledging and agreeing: a) Raven Oaks Drive be impreved 30 feet easterly of the northwest corner of Lot 2 b) The sidewalk be completed to tie into the existing sidewalk to the east. Section 2. That in the event that the owner fails to execute the acceptance provided for in Section 1 herein within forty4ive (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the plat shall not be effectiva Passed, adopted and approved this 16th day of February, 1987. 112 Regular Session, Fe_bruary 16, 198~ of Assessments for the construction of James E. Brady Mayor ;he 1986 EC. Concrete Paving Schedule, presented and read. ATTESt. Mary A. Davis City Clerk Council Member Klueener moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kwnfaldt, Man- ning, Simon. Nays--None. Communication of Jack & Mary Miller requesting letters that were presented at the meeting of 2-2-87 be made part of the record and be received and filed (Letters from C. Mattern, H. & P. Hanebult, H. & E. Carlson, M. Barry, L. Barry, A. & M. Miller, re: prohibiting swimming at Riverview Park), presented and read. Council Member Kluesner moved that the petitlons and communications be received and flied. Seconded by Council Member' Kronfaldt. Carried by tho following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays-None. Communication of City Manager sub- mitting a brief summary of a public meeting on the fiscal year 1988 City Budget, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Kronf~ldt. Carried by the following yom: Yeas--Mayor Brady, Council Membem Deic?.. Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Proof of publication, on Notice of Fil- ing of the Final Plat and Schedule of Assessments for the construction of the 1986 Asphalt Paving Project; and Notice of Filing of the Final Plat and Schedule Council Member Kluesner moved that the proof of publication be recelved and filed. Seconded by Council Member Kronfaldt· Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Corporation Counsel recommending denial of proper- ty damage claim of Ruth L. Tucker, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and denial approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Corporation · Counsel recommending settlement of tar damage claim of Thomas E McDonald in the amount of 550.94, presented and Council Member Kluesner moved that the communication be received and fil- ed and settlement approved with Finance Director ~o issue the proper cheek. Seconded by Council Member Kronfeldt. Carried by the following vo~e: Yeas--Mayor Brady, Council Members Deich, Klunaner, Krieg, Kranfaldt, Man- ning, Simon. Nays--None. Communication of City Manager re- questing authorization for Mayor to sign ~he Community Development Grantee Performance Report, presenr~ and read. Council Member Kluesnar moved that the communication be received and fil- ed. Seconded by Council Member Kronfaldt. Carried by the foilowing vote: Regular Session, February 16, 1987 Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 56.87 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF AVAILABILITY FOR PUBLIC IN- SPECTION CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT DOCUMENTS WHEREAS, under date of February 17, 1987, the Annual Grantee Perfor- mance Report for Calendar Year 1986 will be sent to the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570.300 (b) of the Community Development Block Grant program requires that reasonable effort shall be made to inform citizens involv- ed in or affected by the local Commun- ity Development Block Grant Program that the Performance Report has been · submitted and is available to interested parties upon request; and WHEREAS, Section 570.906 (c) re- quires that there be public notice of the availability of the Grantee Performance Report for inspection by the public· NOW, THEREFORE, BE IT RE- SOLVED BY THE· CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Set, inn 1. That the City Clerk be and she is hereby authorized and directed to publish in the Dubuque Telegraph Herald, a newspaper of general circula- tion within the City, public notice in the form of Exhibit A, attached hereto and made a part hereof. Passed, approved and adopted this 17th day of February, 1987· James E. Brady Mayor ATTE S~. Mary A. Davis City Clark. Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: 113 Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. Communication of City Manager re- questing authorization to publish Notice of Environmental Review Funds for the Dubuque Brewing (~a Project, presented md read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Krenfeldt, Man- ~ing, Simon. Nays--None. RESOLUTION NO. 57-87 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF EN- VIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT WHEREAS, the City of Dubuque is pro- posing to enter into a Grunt Agreement for the Calendar Year commencing January 1, 1987 with the U.S. Depart ment of Housing and Urban Develop- ment, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Enviranmen- tal Review Committee on January 28, 1987 has after due consideration made a determination that the project is not a major Federal action significantly fecting the quality of the human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 114 Regular Session, February 16, 1987 Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Signi- ficant Effect on the Environment for the following identified project, and to make the Environmental l~view Recard for said project available for public in- spection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. * Dubuque Star Brewing Company Project Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of February 16, 1987, authorizing the submission of a re- quest to the U.S. Department of Hous- lng and Community Development to undertake the project. Passed, approved and adopted this 17th day of Febranary, 1987. James E. Brady Mayor ATTESt. Ma~y A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mw/or Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--Nong There being no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- nlng, Simon. Nays--Non~ Mary A. Davis City Clerk Approved Adopted __1987 ~_1987 Mayor Council Members ATTES~ City Clerk Special Session, CITY COUNCIL OFFICIAL Special Session, February23, 1987. Council Met at 7:30 p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Mem- bers Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Mayer Brady read the call and stated this is a SPECIAL MEETING OF THE CITY COUNCIL CALLED FOR THE PURPOSE TO CONDUCT A PUBLIC HEARING ON THE CITY OF DUBU- QUE FISCAL YEAR 1988 BUDGET AND FIVE YEAR CAPITAL IM- PROVEMENT BUDGET AND ADOPTING NECESSARY DOCU- MENTS PERTAINING TO FISCAL YEAR 1988 BUDGET. Proof of publication, certified to by the Bublisher, on Notice of Public Hearing on Budget for City,~of Dubuque, Iowa, for Fiscal Year 1988; Proof of publica- tion, certified to by the Publisher, on Notice of Public Hearing on the Five Year Capital Improvement Program- ming covering the fiscal year beginning July 1, 1987 through the fiscal year beginning July 1, 1991 AND Proof of publication, certified to by the Pub- lisher, on Notice of Public Hearing for the purpose of obtaining the views of residents of the City on Community Development and Housing needs, presented and read. Council Member Kluesner moved that the proofs be received and filed. Second- ed by CounCil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Bob Smothers recommending to turn the F.D.R. Park Land over to the State Dept. of Natural Resources; Communication of Dubuque Board of Realtors, Inc. submitting the February 23, 1987 115 position of the Legislative Committee of their board regarding FY '88 Budget for the City; Communication of Ruth Nash submitting comments regarding various departments' budgets; Communication of Dubuque Fighting Saints Assoclation and Dubuque Youth Hockey Associa- tion requesting Council retain ice at the Civic Center; Communication of Cheryl Rose requesting continued financial sup- port to Helping Services of N/E Iowa; Communication of Rocky Mease, Assis- tant Pastor of St. Paul Evangelical Lutheran Church requesting funding for the Early Intervention Program; Com- munication of Substance Abuse Services requesting funding for adalescant treat- ment; Communication of Attorney David Hammer, on behalf of Viola Lange, Elizabeth Macleon and Winifred Gronen (beneficiaries of Burden Proper- ty), requesting to address the Four Mounds matter; Communication of Mr. and Mrs. Roger Wallace and Mrs. Hemal requesting Council to consider holding onto the Burden property for future plans; Communication of Geneva Sheppley requesting the City to keep Four Mounds; Communication of Iowa Natural Heritage Foundation offering the Foundation's assistance in helping to explore potentials for the Burden Pre- perty; Petition of 7 signers requesting to preserve the Burden Estate proper- ty as a City Park and maintain as a city park by the people of Dubuque, pre- sented and read. Council Member Kluesner moved that the communications and petitions be received and filed. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Krunfeldt, Manning, Simon. Nays--None. Communication of Human Rights Comm. requesting to approve main- tenauce budget as submitted by City Manager; Communication of Barry Lin- dam to City Mgr. Gearhart submitting opinion regarding disposing of the Burden Estate; Summary of consensus items with Budget impact, submitted by City Manager; Communication of City Manager requesting Council not to 116 Special Session, cap Management salaries; Communica- tlon of City Manager submitting Annual Report of Worker's Compensation Self- Insurance Plan; Communication of City Manager submitting response to Fire Dept. Staffing Revision; Communica- tion of Park & Recreation Director ed- vising o£ recommended procedure for in- stituting an entrance fee to Murphy Park; Communlcation of Perk & Recre- ation Director submitting options regar- ding reduction of Recreation Division Budget; Communication of Library Board of Trustees advising of proposed budget cuts; Transit Bd. advising of results regarding maintaining present service with a fare increase, presented and read. Council Member Kinesner moved that the communications be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Deich moved to sue- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayar Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. POLICE DEPT. -- No Comments. JOINT COMMUNICATIONS CENTER: No Comments. FIRE DEPARTMENT: Mayor Brady stated that Council withdraw consensus as agreed upon at Work~esalon and wffi go along with Mgr.'s recommended budget as pro- posed. Council Member Deich moved that the Fire Dept. change title name and provide Job Deecriptinn and duties as Assistant Chiefs Driver. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mere- 23, 1987 Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays-None.' Council Member Kluesner moved that the City Manager be directed to look at extending the Rental Housing Inspec- tion Program of the Fire Dept. to eight (8) months. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. DISASTER SERVICES: No Comments. HUMAN RIGHTS DEPT.: Matt Devlin and Dan Nicholson of the Human Rights Commission addressed the Council requesting to keep the Human Rights Dept. as is. Council Member Kinesner moved to reinstate $15,000 to the Human Rights Dept. as proposed by the City Manager. MOTION DIED FOR LACK OF A iECOND. Council Member Kronfeldt moved to reduce the Human Rights Dept. proper- ty tax askings by $15,000. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayar Brady, Council Mem- bers Deich, Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Kinesner. STREET SIGNS & MARKINGS AC- TIVITY: No Comments. BUILDING SERVICES DIVISION: No Comments. HEALTt~ SERVICES DIVISION: No PARK & RECREATION DEPARTMENT: Lyle Galliar t, Chairman of the Park & Rec. Commission submitted additional information. The Mana~r's recommen- datian was reduced as agreed upon by Special Session, February 23, 1987 11~7 Commission. Their recommendations are: 1) Initiate fees for playground program; 2) Discontinue Itempstead Pool ar- rangemant in Park & Rec.; 3) Increase cultural arts fees; 4) Close the warming house. Paula Banner of the League of Women Voters supports returning the Burden property to the original owners; agrees to sell or dispose of F.D.R. Pal-k to Coun- ty or other governmental entity and to reinstate 5% cutback as suggested at Work Session. Merlin Green of the Tri-State Mod- elers spoke requesting support for model airplane flying sites at F.D.R. park. David Hammer, Attorney on behalf of Burden Property, stated that the~ Burden property was given to the City for City's use. Charles Wunderland requested that City hold onto Burden property. Gall Apel, now living on the Four Mounds property, requested that it be opened ,to public next year. A1 Weitz, 2999 Burden Ave., consider Four Mounds as a Tourist Attraction. John Klauer stressed keeping Four Mounds as a heritage to the community. Shirley Schmier, Four Mounds, being Indian burial mounds are protected by the State (305A State Code)-- best 'situatinh is to keep for City. Don Wernik and Gene Herron, re- quested to keep the Burden property. John Gronan, stressed that the serious maintenance problems need to be taken care of immediately. Council Member Kralg moved that they delay the decision to dispose of Burden~ Property for six months to 9-1-87 and refer matter to the park & Recreation Commission, for other fund- ing and to clarify other avenues for disposal if needed (park & Rec. Commis- sion to give monthly update starting with first meeting in April and Work Session on July 1st or thereabouts). Seconded by Council Member Deich. carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfaldt, Man- ning, Simon. Nays-None. Mayor Brady moved to remove six months before decision to dispose. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Deich. Nays--Council Members Kinesner, Krieg, Kronfeldt, Manning, Simon, MOTION FAILED. Council Member Kronfeldt moved that special consideration be given to groups (Tri-State Modelers & Children's Zoo) regarding disposal of FDR Park through the Park & Recreation Commis- sion. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Kluesner, Krieg, Kronfeldt, M 0nning, Simon. Nays--None. Council Membar Simon moved that a Gate Fee be initiated at Murphy Park. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayar Brady, Council Mem- bers Deich, Kineaner, Kronfeldt, Man- ning, Simon. Nays--Ccuncfl Member Krleg. Council Member Shnon moved that they reduce the Recreation Division Tax Askings by 5% or approximainly $9000. Seconded by Council Membex Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, KinesneL Kriag, Kronfeldt,~ Manning, Simon. Nays--None. 9:45 p.M.--Council Recessed. 118 Special Sessio~ February 23, 1987 9:56 P.M.--Council Reconvened. CIVIC CENTER: Council Member Simon moved that they reduce the Civic Center's Depart- mant's tax askings by 2% or approx- imately $6500. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Kkiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. LIBRARY: Joan Higiey. Library Bd. member, re. quested to reconsider and approve Budget as presented by the City Mgr. Les Bauman, Leo MacAffrie, and John Klauer all opposed any Library budget cuts. Wm. Gould, Library Bd. member, stated that the Library would be forc- ed by circumstance to close for lengthier periods of time. Council Member Simon moved to reduce the Library Department's pro- petty tax asking by 4% or approximate- ly $21,000. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--Council Member Deich. AIRPORT Bud Isenhart questioned specifics of Airport funding. TRANSIT DEPT. Charlene Metzger, James Orvis, and Dorothy Brown requested that bus fares not be raised. Panla Benner of the LWV requested alternative public transporm- tion be found. Gan Miller, Loretta Freiburg, Don Brimeyer and Karen McCray requested that Council not raise bus fares. Council Member Kronfeldt moved that they direct Transit Bd. to schedule a Public Hearing on a 10¢ fare increase and come back to the City Council with an estimated dollar impact. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Kkiesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--Council Member Deich. Transit estimate of impact is $27,000.00. PUBLIC WORKS: No Comment. Council Member Simon moved that they shift a portion of the Public Works Director's salary to Refuse (5%) and Landfill (5%). Seconded by Council Member Kronfeldt, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Krieg, Kranfeldt, Manning, Simon, Nays--None. Abstain--Council Members Deich, Kluesner. ENGINEERING: No Comments. WATER DIVISION: No Comments. WASTEWATER DIVISION: No Comments. STREET DIVISION: No Comments. Council Member Simon moved that they move the Sanitary Sewer main- tenance expense from the tax funds to sewage rental fund in the amount of $188,632. Seconded by Council Member Kronfeldt. Carried by the followhig vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. PARKING DIVISION: No Comments. COMMUNITY DEVELOPMENT AD- MINISTRATION: No Comments. HOUSING SERVICES DIVISION: No Comments. Special Sessior February 23, 1987 119 DEVELOPMENT SERVICES: No bets Deich, Kinesner, Krieg, Kronfaldt, Comments. Manning, Simon. CITY HALL MAINTENANCE: No Nays--None. Council Member Kluesner moved that CITY COUNCIL: the City Clerk, the Corporation Counsel Council Member Kronfeldt moved and the City Manager be given a 3% that they reduce the travel of Official salary increase. Seconded by Council City Business and Travel (Professional Member Manning. Council Member Conference) by $1,250 each for a total Simon moved to amend the motion to of $2,500. Seconded by Council Member increase the City Manager's salary by Deich. Carried by the following vote: 5%. Seconded by Council Member Kluesner. Vote on the motion: Yeas--Mayor Brady. Council Mem- bers Delch, Kluesner, Krieg, Kronfeldt Yeas--Council Members Kkiesner, Manning, Simon. Simon. Nays--None. Nays--Mayor Brady, Council Mem, bers Deich, Krieg, Kronfaldt, Manning. CITY CLERK: Council Member Kranfaldt moved MOTION FAILED. that they eliminate the provision for a Special Election in the amount of Vote on the original motion: $10,000, Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Kluesner, Krieg, Kronfeldt, Yeas--Mayor Brady, Council Mem- Manning, Simon. bets Deich, Kluesner, Kronfeldt, Man- ning, Simon. Nays--None. Nays--Council Member Krieg. Council Member Simon moved that they reduce interest expense on new PURCHASE OF SERVICES: bond issue based on low bids regarding Council Member Simon moved that Airport in an amount of $1,807 and they eliminate the funding for Helping Engineering in amount of $47,055. Services of N/E Iowa in amount of Seconded by Council Member Manning. $1500 and recommended they seek sch~l Carried by the following vote: funding, Seconded by Council Member Kronfoldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Yeas--Council Members Kluesner, Manning, Simon. Krieg, Kronfeldt, Manning, Simon. Nays--None. Nays--Mayor Brady, Council Mem- ber Deich. Council Member Simon moved that they approve an amount of $12,846 from Council Member Simon moved that property tax and $12,846 in operating they maintain last year's formula for the budget for Love vs. City regarding Convention and Visitor's Bureau with judgement and interest expense. 2% to go to festivals and Chamber con- Seconded by Council Member Kranfeldt. tinue to coordinate the festivals at least Carried by the following vote: one more year; Park brochure will be produced by Convention & Visitors Yeas--Mayor Brady, Council Mem- budget by shifting $9,690 from Coun- bors Deich, Kluesner, Krieg, Kronfeldt, cll's budget to Convention and Visitors Manning, Sin~on. Budget. Seconded by Council Member Kronfeldt. Carried by the following vote: Nays-- None. Yeas--Mayor Brady, Council Mem- Debra Lazar, 666 Southern Ave., and 120 S_~pecial Sessio~ February 23, 1987 Adn Banworth of 985 S. Grandview, re- quested our City get fair share of tax money. Bud Isenhart questioned whether City is getting proper amount of profits from the Dog Track. RESOLUTION NO. 58-87 A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FIS- CAL YEAR ENDING JUNE 30, 1988. BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: The annual budget for the fiscal year ending June 30, 1988, as set forth in the Budget Summary Certificate and in the deteiled budget in support thereof show- ing the revenue estimates and appro- priation expenditures and allocations to programs and activities for said fiscai year is adopted, and the clerk is directed to make the filings required by law and to set up his books in accordance with the summary and details as adopted. Passed and approved on tins 23rd day of February, 1987 by tho following vote: Ayes--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution, as amended. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 59-87 ADOPTION OF FIVE YEA~R CAP- ITAL IMPROVEMENT PROGRAM WHEREAS, a recommended five year Capital Improvement Program for the period beginning July 1, 1987 and ending June 30, 1992 for the City of Dubuque has been prepared and submit- ted to the City Council; and WHEREAS, the five year Capital Im- provement Program: (1) describes specific capital ira- provement projects; (2) provides estimated costs for those projects; (3) proposes sources of funds for each of them; and (4) schedules the year during which each project will be undertaken; and WHEREAS, the capital improvement projects for the first year are included in the Fiscai Year 1988 budget for the City of Dubuque; and WHEREAS, the five year Capital Im- provement Program will be reconsidered annually by the City Council and ap- propriately revised; and WHEREAS, the adoption of the five year Capital Improvement Program is a prudent measure to provide continu- ity of programs and is in the best in- terest of the City of Dubuque. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July 1, 1987 as set out in the Fiscal Year 1988-1992 Recommended Capital Improvement Budget as amend- ed is hereby approved and adopted as the proposed allocation of the City re- sources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 23rd day of February, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Special Session, February 23, 1987 121 Council Member Deich moved adop- tion of the Resolution as amended. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 16-87 AN ORDINANCE AME .NDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA , BY REPEAL- ING SECTION 36-161, RESIDEN- TIAL, COMMERCIAL AND IN- DUSTRIAL USES. UNDER DIVI- SION 4, "RATES", AND ENACTING A NEW SECTION 36-161, RESIDEN- TIAL, COMMERCIAL AND IN- DUSTRIAL USES, UNDER DIVI- SION 4, "RATES", IN LIEU THEREOF TO PROVIDE FOR REVI- SION OF WATER RATES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 16~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 36-161, RESIDENTIAL COMMERCIAL AND INDUSTRIAL USES, UNDER DIVISION 4, "RATES", AND ENACTING A NEW SECTION 36-161, RESIDENTIAL COMMERCIAL AND INDUSTRIAL USES, UNDER DIVISION 4, "RATES", IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 36-161, Residantio] Conunerciai and Industrial Uses, under division 4, "Rates", and enacting a new Section 36-161, Residential, Commercial and Industrial Uses under Division 4, "Rates", in lieu thereof to provide as follows: Section 36-161. Residential, Commer- ciai and Industrial Uses. a. Commencing with all billings on and after July 1, 1987, the rates to be charg- ed for water for residential, commercial, industrial and other uses and purposes by any person, firm or corporation sup- plied water within the City shall be as follows: 1. Water rates for users within the city whose meters are read monthly shall be as follows: Consumption Charge Per Hundred Cubic Feet First 3,000 $1.20 Next 12,000 1.00 Next 35,000 0.90 Next 50,000 0.80 Over 100,000 0.70 The minimum monthly charge accord- ing to the size of the meters shall be as follows: Meter Size Minimum Allowance Inches) Charge (Cubic Feet) 5/8 $ 2,40 200 3/4 9.60 800 i 15.60 1,300 1 1/4 25.20 2,100 1 1/2 31.20 2,600 2 52.00 4,600 3 112.00 10,600 4 172.20 16,800 6 352.20 36,800 8 571.00 62~500 b. Commencing with all billings on and after July 1, 1987, the rates to be charged for water supplied by the City Water Division to residential, commer- cial, industrial and other uses and pur- poses by any person, firm or corpora- tion, outside the corporation limits of the City of Dubuque, Iowa, shell be at ~ne hundred fifty percent (150%) of the rates set forth herein above. c. For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills .will be issued on estimated consumption. ~or estimated billings, either on alter- nate months or when readings are not obtainable for any reason, consumption will be predicated on monthly average of past usage for the meter. For esti- mated bills issued for an account in which historical data is not available~ billing will be predicated on the 122 Special Session, February 23, 1987 minimum charge and related consump- tion identified for the size of the meter in service for the particular account. d. Adjustments from estimated readings will be made when an actual meter reading is obtained. The adjust- merit will be reflected on the user's next regular bill. e. If requested by the customer, a remote reading device may be installed and billed on an installment contract over a maximum of a six month period. This Ordinance shall be in full force and effect on and after July 1, 1987, a~ter its adoption and publication as pro- vided by law. Passed, approved and adopted this 23rd day of February, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper the 6th day of March, 1987. Mary A. Davis City Clerk It 3/6 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 meetinge prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Simon. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 174~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES. CITY OF DUBUQUE. IOWA, BY REPEALING SECTION 36-56 OF DIVISION 4, "ESTABLISHED", OF ARTICLE II AND ENACTING A NEW SECTION 36-56 OF DIVISION 4, "ESTABLISH- ED", OF ARTICLE II IN LIEU THEREOF TO PROVIDE FOR REVI- SION OF SEWER RATES AND CHARGES, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 17-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 35-56 OF DIVISION 4, "ESTABLISHED", OF ARTICLE II AND ENACTING A NEW SECTION 35-56 OF DIVISION 4, "ESTABLISH- ED", OF ARTICLE II IN LIEU THEREOF TO PROVIDE FOR REVI- SION OF SEWER RATES AND CHARGES, NOW, THEREFORE, be it ordained by the City Council of the City of Dubu- que, Iowa: 1. That the Code of Ordinances of the City of Dubuque, be amended by repeal- ing Section 36-56 of Division 4, "Established", of Article II and enac- ting a new section 36-56 of Division 4, "Established", of Article II in lleu thereof to provide as follows: Section 36~6. Established. Commencing with all billings on and after July 1, 1987, contributors whose property lies within the corporate limits of the City, except as otherwise provid- ed in this division shall pay to the City, through its collection agent at its office at the same time payment for water set- vice is made, a sewer service charge com- puted on water consumption on the following rates: a. Basic Charges: The sewer rates and charges shall be based on the quantity of water used in or on the property or premises. ~or all customers utilizing sewer service bills will be issued mon- thly. When a water meter is not read monthly for any reason, bills will be us- ed on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water me,er is not obtainable for any reason. consumption will be predicated on the Special Session, monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified in subsection (c)(7), for the size of the water meter in service for the particular aceount. b. Schedule of Rates: Monthly Rates Rate per each 100 cubi6 ~cet $1.40 c. Service Charges 1. When a parcel of real estate, proper- ty or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is not a user of water supplied by the City Water Division and the water used thereon or therein is not ac- ceptable to the City, the amount of water used shall be determined by the City in such a manner as the City Manager may elect to establish the rate of charge as provided in this division, or the owner or other interested parties at their expenses, may install and maintain a meter acceptable to the City for said purposes. 2. When a parcel of real estate, proper- ty or building, discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is a user of water supplied by the City Water Division, and in addition uses water from another source which is not measured by a water meter not ac- ceptable to the City, the amount of water used shall be determined by the City in a manner as the City Manager may elect in order to establish the rate of charge as provided in this division, or the owner or other interested parties at their expense may install and maintain a meter acceptable to the City for said purposes. 3. When a parcel of real estate, proper- ty or building, discharging sanitary sewage, industrial wastes, water or other approved waste either directly or indirectly into the City's sanitary sewer February 23, 1987 123 system, is not a user of water supplied by the City Water division, the amount of sanitary sewage, industrial wastes, water or other approved waste discharg- ed into the sanitary sewer system shall be determined by the City in such a man- ner as the City Manager may elect in order to establish the rate of charge as provided in this division, or the owner or other interested parties at their ex- pense may install and maintain a sewage meter acceptable to the City for said purposes. 4, The City Council, may in its discre- tion, when applicable, permit connection to the City sanitary sewer of properties located outside the corporation limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein established for City users. 5. In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the City shall have the right to base its charges not on- ly on volume, but also on the strength and character of the sewage and wastes deposited in the system by any account. The city shall have the right to measure and determine the strength and content of all sewage and waste discharged either directly or indirectly into the City's sanitary sewage system, in such manner and by such methods as it may deem practicable in light of the condi- tions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated on an individual account basis when concentration of the sewage exceeds three hundred (300) milligrams per liter of biochemical oxygen demand, three hundred fifty (350) milligrams per liter of suspended solids or two (2) per- cent or more of the flow rate into the sewage treatment plant. 6. The rates and charges may be bill- ed the tenant and tenants occupying the properties served, unless otherwise re- quested in writing by the owners, but such billings shall in no way relieve the owner from liability in the event pay- ment is not made as required in this division. 124 Special Sessio~ February 23, 1987 7. Where the quantity of water con- sumed is such that the mlnlmum water service is charged, the minimum sewer charge, according to the size of the meter, shall be as follows: MONTHLY RATES M~er Minimum Allowance (Inches) Charges (CF) 5~ $2.80 200 3~ $11.20 8OO 1 $18.20 1,300 1¼ $29.40 2,100 1~ $36.40 2,600 2 $64.40 4,600 3 $148.40 10,600 4 $235.20 16,800 6 $515.20 36,800 8 $875.00 62,500 This Ordinance shall be in full force and effect on July 1, 1987, after its final adoption and publication as provided by Passed, approved and adopted this 23rd day of February, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 6th day of March, 1987. Mary A. Davis City Clerk It 3/6 Council Member Kronfeldt 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 at two council meetings prior to the meeting ac which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich. Kfuesner. Krieg, Kranfeldt. Manning, Simon. Nays--None. ORDINANCE NO. 18-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 17-36, "CHARGES- AMOUNTS: EXCEPTIONS", AND ADOPTING A NEW SECTION 17-36 "CHARGES-AMOUNTS: EXCEP- TIONS'' IN LIEU THEREOF TO PRO- VIDE FOR REVISION OF REFUSE COLLECTION RATES, presented and road. (OFFICIAL PUBLICATION) ORDINANCE NO. 18-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 17-36. "CHARGES- AMOUNTS; EXCEPTIONS", AND ADOPTING A NEW SECTION 17-36. "CHARGES-AMOUNTS; EXCEP- TIONS'' IN LIEU THEREOF TO PROVIDE FOR REVISION OF REFUSE COLLECTION RATES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that the Code of Ordinances of the City of Dubuque, Iowa be amended by repeal- lng Section 17-36. "Charges-Amounte; Exceptions" and enacting a new Section 17-36. "Charges-Amsunts; Exceptions" in lieu thereof as follows: Section 17-36. Charges-Amounts; Exceptions ia) Class I premises. Except as qualified below, a fee of three dollars and seventy-five cents ($3.75) per month shall be charged by the City and col- lected from each property owner of a class I premises for such services effuc- tive July 1, 1987. Said charges or fee shall be in payment for collection and disposal of garbage and refuse as defin- ed. Exceptions to the collection charges for class I premises are as follows: [1~ When a class I premises has been vacant for a period of three 131 con- secutive months or longer, the owner may apply for a credii under procedures to be established by the City Manager. Such exemptions shall continue only so inng as the class I premises is vacant i21 Class I premises when the head of the household is sixty-five (65) years or Special Session February 23, 1987 125 older and with a per family income of nine thousand one hundred fifty dollars ($9,150.00) or less, may, upon applica- tion be exempted from one-half the established collection charge. Subee. quent to initial application and eligibil- ity, annual application must be made on July first of each year to verify annual income and eligibility. (3) In cases of extreme financial hard- ship, the City Manager may, and is hereby authorized and empowered to, make adjustments in the monthly col- lection charge. In such cases, the City Manager shall have the authority to require such proof of vacancy, financial status, age or ex- treme hardship as he/she may deem necessary. (b) Class II premises. The City shall continue to collect from class II premises currently receiving such ser- vice. The charge for such collection ser- vice shall be based upon the average weekly quantity of garbage and refuse being coliected, as determined by the City Manager. The rate charge shall be a multiple of the rate charged class I premises as follows: (1) Zero (0) to one hundred twenty (120) gallons of garbage and refuse per week shall be charged the class I premises rate times one (1). (2) The next one hundred twenty (120) gallons per week or fraction thereof shall be charged the alass I premises rate times seventy-five one-hundredths (0.75). (3) All additional units of one hundred twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate times five-tenths (0.5). A class II premises no longer wishing to be served by City garbage and refuse collection shall provide the City with thirty (30) days Written notice of its in- tent to terminate the service. Such ter- mination of service shall be effective with the next billing period. This ordinance shall be in full force and effective on July 1, 1987 after its adoption and publication as provided by law. Passed, approved and adopted this 23rd day of February, 1987. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officiany in the Telegraph Herald newspaper this 6th day of March, 1987. it 3/6 Mary A. Davis City Clerk Council Member Kronfeldt 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 at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Dalch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. There being no further business, Court- cfi Member Kronfeldt moved to adjourn. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. MEETING ADJOURNED AT 11:56 P.M. Mary A. Davis City Clerk Approved__ Adopted .1987 __1987 Mayor