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1985 February Council ProceedingsSpecial Session, January 28, 1985 by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Nays--None. Absent--Council Members Kron- fei&, Manning. Council Member Beurksens moved that the Planning & Zoning Commis- s/on hold a public hearing on the re- quest of Terry Hirsch, requesting R-4, Proposed R-3, and Existing R-3 on Pennsylvania and Bristoll Apart- ments. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Nays--None. Absent--Council Members Kron- fcidt, Manning. Council Member Kinesner moved to concur with remainder of zoning or- dinance and zoning map and hearings be set as required. Seconded by Coun- cil Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Nays--None. Absent--Council Members Kron- feldt, Manning. Council Member Beurskens moved that City Clerk, Staff and Planning & Zoning Commission hold public hear- ings as soon as possible and that the City Council's public hearing be held on Monday, March 4, 1985 at 7:30 o'clock P.M. in the Public Library Auditorium. Seconded by Council IVlember Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hanunel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Kron- feldt, Manning. There being no further business, Council Member Hannnel moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Nays--None. Absent--Council Members Kron- feldt, Manning. Meeting adjourned 10:42 P.M, Mary A. Davis City Clerk Approved 1985 Adopted . .1985 Mayor Councri Members ATTEST: City Clerk Regular Session, February 4, 1985 CITY COUNCIL OFFICIAL Regular Session, February 4, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W, Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MONTH- LY MEETING OF THE CITY COUN- CIL called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. Dave Swartz, Pastor of Dubuque Bap- tist Church PROCLAMATIONS: Month of February as "Children's Dental Health Month" received by Dr. Bill Kuttler; Week of February llth as "National Office Education Week" received by Sally Smith, Pres. of Dubuque Senior High School OE; Proclaiming Denise Piwowarczyk as "Lady Ambassador", received by Ms. Piwowarczyk. Jerry Guy of the Durrant Group, Inc. submitted progress and Status Report on the Dog Track Facility. The Mayor made a presentation of a ~amed "Official Bond" to Terry Har~ mann, Pres. of Dubuque Racing Assn., in appreciation of his time and effort towards the Dog Track. Council Member Dcich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider vacation of an alley located north of 5th Street, bet- ween and parallel to Bluff St. and Locust St.; Petition of Charles J. Mur- phy, Postmaster opposing vacation of said alley; Petition of Gregory J. Ramsey, GSA, advising that the alley's continued existence is critical to the U.S. Postal operations; Com- munication of Samuel Lombardo of the GSA stating opposition to the vacation of subject alley, a Resolution Approving Plat of a vacated alley north of 5th Street, between and parallel to Bluff St. and Locust St.; an Ordinance Vacating the alley north of 5th St. between and parallel to Bluff St. and Locust St.; and a Resolution Approving Sale of said alley to the Dubuque Historic Improvement Co. in the amount of 55,141 and authorizing delivery of Quit Claim Deed upon pro- per payment, presented and read. Council Member Beurskens moved that the proof of publication and com- munications be received and filed and Resolutions and Ordinance be adopted. Seconded by Council Member Kronfeldt. NO VOTE TAKEN ON THE MOTION. Charles Murphy, Bob Hart, Jack Stone, U.S. Postal officials, stressed specifics of their opposition to vaca- tion of subject alley at this time. Greg Ramsey, Field Office Mgr. for GSA., and Don Martin, in charge of vehicle operations for the U.S. Postal Service, stressed the need of using the alley for adequate truck manipulation Paul Peckosh of the Dubuque Historic Improvement Co. stated specifics of their reasons for wanting this property ncr the historic Redstone. Council Member Manning moved that the above matter be tabled until the Council Meeting of February 18, 1985. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning~ Nays--None. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for Bid Package "D" for Dog Track compris- ing of Contract #13 - Fencing; Con- tract #14 - Contoured Bench Seating and Contract #15 - Stadium Chair Seating. Council Member Beurskens moved that the proof of publication be received and fried. Seconded by Coun- cil Member Deich. Carried by the 58 Regular Session, February 4, 1985 following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hanunel, Klues- ner, Kronfeldt, Manning. Nays--None. (NECESSITY FOR IMPROVEMENT) RESOLUTION NO. 1-85 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Dubuque Dog Racing Facility Bid Package "D' comprising of Contract #13 - Fencing, Contract #14 - Con- toured Bench Seating and Contract #15 - Stadium Chair Seating. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from General Obligation Bonds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 7th day of January, 1985. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by th~ City Council this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. DECISION OF COUNCIL UPON OB- JECTIONS TO PLANS. SPECIFICATIONS, FORM OF CON- TRACT AND COST OF IM- PROVEMENTS RESOLUTION NO. 29-85 WHEREAS, proposed plans and specifications and form of contract for the Dubuque Dog Racing Facility Bid Package "D" comprising of Contract #13 - Fencing, Contract #14 - Con- toured Bench Seating and Contract #15 - Stadium Chair Seating have been approved by the City Council of the Ci- ty of Dubuque and public notice given as provided by the Code of Iowa per- toining to public contracts and bonds. and the time and place fixed for the hearing of all objections to sa~id plans, specifications or contract for or cost of such improvement, said time being this 4th day of February, 1985; and WHEREAS, the City Council met in regular session this 4th day of February, 1985, at 7:30 p.m. at the Carnegie-Stout Library Auditorium for the purpose of hearing all in- terested parties and considering any and all objections which have been fil- ed to the proposed plans, specifica- tions or contract for or cost of the im- provement herein described and pro- posed to be made; and WHEREAS,'all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that ail objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein Regular Session, February 4, 1985 described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hmmnel, Klues- net, Kronfeldt, Manning. Nays--None. (ORDERING CONSTRUCTION) RESOLUTION NO. 3045 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUBU- QUE that pursuant to a Resolution of Necessity No. 1-85 which was duly passed by this Council for the Dubu- que Dog Racing Facility Bid Package "D" comprising of Contract #13 - Fen- cing, Contract #14 - Contoured Bench Seating and Contract #15 - Stadium Chair Seating be and the same arehereby ordered and constructed by this Council upon its own motion and with or without the petition of proper- ty owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from General Obligation Bonds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of inunediate necessity shall be in force and effect from and after it passage and adoption by the City Council. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to the Publisher, on Notice to Contractors of the Receipt of Proposals for Bid Package "D', AND Communication of City Manager recommending to award contract for said project, presented and read. Council Member Beurskens moved that the proof of publication and communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hanunel, Khies- net, Kronfeldt, Manning. Nays--None. (AWARDING CONTRACT) RESOLUTION NO. 31-85 WHEREAS. sealed proposals have been submitted by contractors for the Dubuque Dog Racing Facility Bid Package "D" - Contract #13 - Fencing and Add Alternate 13 Liquidated Damages pursuant to Resolution No. 3-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the llth day of January, 1985. WHEREAS, said sealed proposals were opened and read on the 31st day of January, 1985 and it has been deter- mined that the bid of Lovewell Fenc- ~ng, Inc. of Davenport, Iowa in the amount of $64,800.00 was the lowest Regular Session, February 4, 1985 bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifiea- (~one. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above- mentioned improvement be awarded to Lovewell Fencing, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the Ci- ty of Dubuque for the complete perfor- nmnce of the work. BE IT FURTHER RESOLVED: Tbet upon the signing of said cna- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. (AWARDING CONTRACT) RESOLUTION NO. 32-85 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Dog Racing Facility Bid Package "D" - Contract #14 - Con- toured Bench Seating and Add Alter- nato 14 Liquidated Damages pursuant to Resolution No. 3-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the llth day of January, 1985. WHEREAS, said sealed proposals were opened and read on the 31st day of January, 1985 and it has been deter- mined that the bid of Miracle Recrea- tion Equipment of Grinnell, Iowa in the amount of $24,177.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above- mentioned improvement be awarded to Miracle Recreation Equipment and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con~ tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: , Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klues- nar, Kronfeldt, Manning. Nays--None. (AWARDING CONTRACT) RESOLUTION NO. 33-85 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Dog Racing Facility Bid Package "D" - Contract #15 - Stadium Chair Seating and Add Alternate 15 Liquidated D~mages pursuant to Resolution No. 3-85 and notice to bid- ders published in a newspaper publish- ed in the City of Dubuque, Iowa on the llth day of January, 1985. WHEREAS, said sealed proposals were opened and read on the 31st day of January, 1985 and it has been deter- mined that the bid of J.S. Latta Co. of Cedar Falls, Iowa in the amount of $31,396.00 was the lowest bid for the furnishing of all labor and materials Regular Session, February 4, 1985 61 and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above- mentioned improvement be awarded to J.S. Latta Co. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubu- qua for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Cbesterman Deputy City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Klues- nar, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 3~85 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1985 (Frommelt Partnership Project II Project) WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and em- powered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act"), to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, im- provements and equipment or any in- rarest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- lng of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distrubutlng products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does muitistate business; and WHEREAS, the Issuer has been re- quested by Frommelt Partnership (the "Company"), an Iowa general partner- ship, to issue its revenue bonds to finance the cost of the acquisition by construction or purchase of an approx- imately 28,000 square foot building, equipment and improvements suitable for use as a warehouse/manufucturlng addition to an existing facility to be leased to Frommelt Industries, Inc. (the "Lessee") for the manufacture of loading dock shelters, impact doors, safety equipment (fire resistant fabrications) and other heavy textile products {the "Project"), to be located at 4343 Chavenelle Drive within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Develop- ment Revenue Bonds, Series 1985 (Frommelt Partnership Project II), of the Issuer in an aggregate principal amount not to exceed $800,000 {the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the obligation of which will be suffi- cient to pay the principal of and redemption premium, if any, and in- terest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds. aH as required and provid- ed for by Section 419.9 of the Act and Section 1031kl of the Internal Revenue Cede; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Public Library Auditorium in Dubuque, lowa, on the 4th day of March, 1985, at Z'30 o'clock, p.m., at which time and p/ace a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local Regular Session, February 4, 1985 residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less that fifteen (15) days prior to the date fixed for the hearing, in the Telegraph Herald, a newspaper published and having a general cireula- tion within the Issuer The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1985 (Frommelt Partnership Project II) The City Council of the City of Dubuque, Iowa, (the "Issuer"), will meet on the 4th day of March, 1985, at the Public Library Auditorium, in Dubuque, Iowa, at 7:30 o'clock, p.m.. for the purpose of conducting a public hearing on the proposal to issue In- dustrial Development Revenue Bonds, Series 1985 (Frommelt Partnership Project II) of the Issuer, in an ag- gregate principal amount not to ex- ceed $800,000 (the "Bonds"), and to loan said amount to Frommelt Partner ship Ithe "Company"), an Iowa general partnership, for the purpose of defray- lng the cost, to that amount, of the ac- quisition by construction or purchase of an approximately 28.000 square foot building, equipment and im- provements suitable for use as a warehouse/manufacturing addition to an existing facility to be leased to Frommelt Industries, Inc. (the "Lessee") for the manufacture of loading dock shelters, impact doors, safety equipment (fire resistant fabrications) and other heavy textile products (the "Project"), to be located at 4343 Chavenelle Drive within the Issuer. The Bonds, when issued, will be limited obligations and will not con- stitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the prin- cipal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said )ublic hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, tlie Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Writ- ten comments may also be submitted to the Issuer at City Clerk, City Hall, Dubuque, Iowa 52001. Written com- ments must be received by the above hearing date. By order of the City Council, this 4th day of February, 1985. Karen M. Chesterman Deputy City Clerk Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deicli, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting documents providing for construction of Dubuque Greyhound Park - Off-Site Roadway Im- )rovements, presented and read. Council Member Kluesner moved that the Communication be, received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Khies- ner, Kronfeldt, Manning. Nays--None. NECESSITY FOR IMPROVE- MENT) RESOLUTION NO. 35-85 Regular Session, February 4, 1985 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- clue, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment. and an estimate of the cost for the Dubuque Greyhound Park - Off- S~te Roadway Improvements. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- slderation of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cll and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from General Obligation Bonds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 4th day of February, 1985. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 36-85 BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa, that the proposed plans, specs. etc. and all other documents for the Dubuque Greyhound Park Off-Site I Roadway Improvements, with the estimated cost of the improvement to be $493,183.85, are hereby ordered ill- ed in the office of the City Clerk for public inspection and are to be con- sidered a part of this Resolution. Passed, adopted and approved this 4tli day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Klueaner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. (FIXING DATE OF HEARING AND AUTHORIZING ADVERTISMENT FOR PROPOSALS) RESOLUTION NO. 37-85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- t~act and placed same on file in the of- lice of the City Clerk for public inspec- tion for the Dubuque Greyhound Park - Off-Site Roadway Improvements, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 4th day of March, 1985, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the Regular Session, February 4, 1985 final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulatinn in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the receipt of said proposals at 2:00 p.m. tho 21st day of February, 1985. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held in the Public Library Auditorium at 7:30 p.m. on the 4th day of March, 1985. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing approval for the Mayor to ex- ecute a Consent and Nondisturhance Agreement relating to the Race Track Facility, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Boarskens, Deich, Hanunel, Klues- ncr, Kronfeldt, Manning. Nays--None· Communication of City Manager recommending the approval of letting of bids in Fiscal Year 1985 (funded for Fiscal Year 1986) for the replacement of a Ladder Truck with a 1500 GPM Fire Pump (Quintl for Fire Station #4, University & Grandview Ave., presented and read. Council Member Hammel moved that the communica- tion be received and filed and bid let- ting approved. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Khies- ncr, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting proposed bylaws and Ar~ ficles of Incorporation for the Four Mounds Foundation and requesting Council approval, presented and read. Council Member Kluesner moved that the communication be received and ill- ed and bylaws approved. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klues- ncr, Kronfcidt, Manning. Nays--None. Communication of City Manager submitting Resolution authorizing ac- ceptance of an Agreement providing for the loan of $100,000 of Revenue Sharing Funds to Dubuque In-Future, Inc., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning· Nays--None. RESOLUTION NO. 38-84 RESOLUTION AUTHORIZING ACm CEPTANCE OF AN AGREEMENT PROVIDING FOR THE LOAN OF $100,000 OF REVENUE SHARING FUNDS TO DUBLrQUE IN-FUTURe INC. FOR THE ACQUISITION OF THE FORMER KRESGE BUILDING IN DOWNTOWN DUBUQUE. WHEREAS, Dubuque In-Future, Inc. desires to acquire a certain vacant property known as the Kresge Building, in Town Clock Plaza for redevelopment in accordance with Cf- ty objectives; and WHEREAS, Dubuque In-Future, Regular Session, Feburary 4, 1985 Inc. has requested that the City of Dubuque lend to Dubuque In-Futuro, Inc. funds in the amount of $100,000 to aid in the acquisition of said proper- ty; and WHEREAS, a Loan Agreement and accompanying Promissory Note have been executed by Dubuque In-Futuro, Inc., and the same are attached hereto and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby finds and determines that a public pu~ pose is to be served by the loan of funds to Dubuque In-Future, Inc. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, including the Promissory Note marked Exhibit A, providing for the loan of $1~0,000 to Dubuque In- Futuro, Inc. according to terms specified therein. Section 3. That the City Manager be and he is hereby authorized to disburse funds according to the Loan Agree- merit from the City's Revenue Sharing funds. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved adoption of the Resniution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Man~ng. Nays--None. Communication of Corporation Counsel Lindahl submitting Or- dinance amendment providing for duties and responsibilities of the Legal Department, presented and read. · Council Member Hammel moved that the communication be received and ill- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 4-85 An ORDINANCE Amending Sec. 2-143 Div. 5, Art. III, Ch. 2, Code of Ordinances, City of Dubuque, Iowa, relating to the appointment and duties of the City Solicitor of the Legal Department, by deleting Said Section and Adopting in lieu thereof a new Sec. 2-143 providing for the Appointment and Duties of the City Solicitor, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammci, Klues- ncr, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 4-85 AN ORDINANCE AMENDING SEC. 2-143, DIV. 5, ART. III, CH. 2, CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA RELATING TO THE APPOINTMENT AND DUTIES OF THE CITY SOLICI- TOR OF THE LEGAL DEPART- MENT, BY DELETING SAID SECTION AND ADOPTING IN LIEU THEREOF A NEW SEC. 2- 143 PROVIDING FOR THE APPOINTMENT AND DUTIES OF THE CITY SOLICITOR.. WHEREAS Sec. 2-143, Div. 5, Art. III, Ch. 2, of the Code of Ordinances, Re~lar Session, Febru~ 4, 1~5 City of Dubuque, Iowa, provides for the appointo~ent of the City Solicitor of the Legal Department, and provides further for the duties of the City Solic- itor; AND WHEREAS the duties cur- rently performed by the City Solicitor are not consistent with those pre- se~ibed by Sec. 2-143, Div. 5, Art. III, Ch. 2, of the Code of Ordinances, City of Dubuque, Iowa; AND WHEREAS Sec. 2-143, Div. 5, Art. III, Ch. 2, of the Code of Ordi- nances, City of Dubuque, Iowa, should properly reflect the organization and operation of the Legal Department; NOW THEREFORE BE IT ORDAINED AS FOLLOWS: Sec. 2-143, Div. 5, Art. III, Ch. 2, of tlxe Code of Ordinances, City of Dubuque, Iowa, is hereby deleted and the following new section substituted therefore: Sec. 2-143. Appointment of City Solicitor. The City Council shall appoint a City Sniicitor to assist the Corpora- tion Counsel in the performance of his duties, upon the nomination and rec- ommendation of the Corporation Counsel. Passed, Adopted and Approved this 4th day of February, 1985. James E. Brady MAYOR ATTEST: Karen M. Chesterman Deputy City Clerk Published officially in the Telegraph Herald newspaper this 8th day of Feb- ruary, 1985. Karen M. Chesterman Deputy City Clerk it 2/8 Council Member Hummel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurekens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Communication of Operation: New View requesting appointment of two ~ndividuals who will represent the City for 1985, and an alternate for each to their administrative board, presented and read. Council Member Kronfeldt moved that the communication be received and fried and that the ap- pointment tabled until such time as ac- tion is taken by the Board of Super- visors and then follow their lead (but Mr Deich to continue attendance etc. at their meetings). Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 39-85 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes and Cigarette Papers within said City. Lee W. Potter, Sr. Lee's "76" and West Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Klueaner moved adoption of the Resolution. Seconded by Council Member Banrskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 40-85 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council fo~ 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 fried proper bond; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. Regular Session, Feburary 4, 1985 Passed, adopted and approved this James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Banrskans. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- nor, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 41-85 WHEREAS, Applications for Li- this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Banrskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Delch, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Budget for Fiscal Year 1986, presented and read. Council Member Deich moved that the documents be received and filed. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Ad Hoc Dock Commission of 1-16; Cable TV Regulatory Comm. of 1/16; Civil Set- vice Comm. of 10-24, 11-20, 12-24; Five Flags Comm. of 1-21; Historic Preser- vation Comm. of 1-8; Housing Comm. of 1-15; Human R~ghts Corem. of 1-14; Transit Bd. Statement & Statistics for the month of December, 1984, and Transit Bd. of 1/10, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hanunel, Klues- her, Kronfeldt, Manning. Nays--None. Communication of Corporatlon Counsel recommending closing of the following claims: Gary Clauer, proper- ty damages; Sandy Granger, noise pro- blems; Jacqueline Rose, personal in- jury; and Ellen Golinvaux. personal in- jury, AND Communication of Cor- poration Counsel advising dismissal of personal injury claim of Mildred From- melt. presented and read. Council Member Deich moved that the com- municatinns be received and filed and closings and dismissals be approved. Seconded by Council Member Kronfeldt. Carried by the following Re~llar Session, February 4, 1985 vote: Ycaa--Mayor Brady, Council Mem- bers Beurskens, Deicb, Hanm~el, Klues- her, Kronfeldt, Manning, Nays--None. Communication of Corporation Counael eubmlttfug 9cbedu]e of aI1 pending litigation and claims involv- lng the City, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kronfeidt. Carried by the following Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluce- her, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel recommending settlement of $43.48 for property damage claim of Thomas Benedict, presented and read. Council Member Deich moved that the communication be received and filed and settlement approved and Finance Director to issue the proper check. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Harmmel, Klues- net, Kronfaldt, Manning. Nays--None. Communication of Corporation Counsel advising of the assignments of attorneys from the Legal Staff to represent various Boards and Commis- eions~ presented and read. Council Member Deich moved that the com- munication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Petition of residents of Carter Court requesting relief from the traffic con- gestion within their Court, presented and read. Council Member Deich mov- ed that the petition be referred to the Legal Staff. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims and Expenditures for the month of December, 1984, presented and read. Council Member Deich moved that the proof of publication be received and fib ed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammei, Klues- ncr, Kronfeldt, Manning. Nays--None. Communication of Corps of Engineers submitting "Notice of In- itiation" for Recounlaesance Study for Flood Damage Reduction Couler Valley, Dubuque County, Iowa, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. REFUNDS REQUESTED: James J. Birkett, $25 on unexpired Cigarette Member Deich moved that the refund be approved and Finance Director to issue the proper check. Seconded by Council Member Kronfeldt. Carried by the fonowing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, D~ch, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Communication of Office for Plann- lng and Programming confirming that loans received by the City through the Iowa Community Development Loan against a City's constitutional in- debtedness limit, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- Regular Session, Feburary 4,1985 ncr, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing the execution of a Communi- ty Development Block Grant Agree- ment, presented and read. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammei, Klues- nor, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 42-85 A RESOLUTION AUTHORIZING THE EXECUTION OF A COM- MUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1985. WHEREAS, under provisions of Ti- tle I of Housing and Community Development Act of 1974, as amend- ed, the City of Dubuque prepared and submitted a Statement of Intent on November 19, 1984 for a Community Development Block Grant; and WHEREAS, the submission has been approved by the Department of Housing and Urban Development in the amount of $976,000 for a twelve- month program commencing January 1, 1985; and WHEREAS, a Grant Agreement covering the activities proposed to be carried out with Community Develop- ment Block Grant funds has been tendered the City of Dubuque: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agree- men~ authorized by the U.S. Depart- ment of Housing and Urban Develop- ment on January 15, 1985, for a Com- munity Development Block Grant to the City of Dubuque is hereby ac- c~ptod. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a 'Community Development Block Grant Agreement identified as Grant Agree- ment B-85-MC-19-(~O~l for submission to the U.S. Department of Housing and Urban Development. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Conununication of City Manager re- questing authorization to publish notice of availability of Calendar Year 1985 "Jobs Biff" Grantee Performance Report, presented and read. Council Member Deich moved that tbe com- munication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 43-85 AUTHORIZING PUBLICATION OF NOTICE OF AVAILABILITY FOR PUBLIC INSPECTION CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT DOCUMENTS WHEREAS, under date of February 5, 1985, the Annual "Jobs Bill" Per for- mance Report 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 in- form citizens involved in or affected by the local Community Development 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 · e availability of the Performance Report for inspection by the public; NOW, THEREFORE, BE IT Regular Session, February 4, 1985 RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the City Clerk be and she is hereby authorized and directed to publish 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, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. Communication of Robert Downs submitting his resignation from the Dubuque Planning and Zoning Com. mission, presented and read. Council Member Deich moved that the com- munication be received and filed and resignation accepted with regret. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing Mayor be authorized to ex- ecute an Agreement with the Iowa DOT, presented and read. Council Member Deich moved that the com- munication be received and approved authorization. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammei, Khies- net, Kronfeldt. Manning. Nays--None. RESOLUTION NO. 44-85 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTA- TION ON RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL-AID PROJECTS WHEREAS, Iowa Department of Transportation has requested the City to execute an agreement stipulating that the City will comply with the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, on federal-aid to transportation projects; and WHEREAS. such a statement ~nust be on file with the Iowa Department of Transportation in order for the City to be in compliance with the federal-aid projects for transportation purposes and to be eligible for federal transpor- tation funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor be authorized to execute an assurance agreement with the Iowa Department of Transportation stipulating that the City of Dubuque will comply with the federal regulations relative to acquisi. tion of property for transportation pu~ poses, for which federal funds are in- volved. Passed, adopted and approved this 4th day of February, 1985. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kror~feldt, Manning. Nays--None~ There being no further business, Council Member Deich moved to ad- journ. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. Regular Session, Feburary 4, 1985 Meeting adjourned - 10:35 p.m. By: Karen M. Chesterman Deputy City Clerk Approved __1985 Adopted __ 1985 Mayor Council Members ATTEST: City Clerk 71 Special Session, February 11, 1985 73 Special Session, February 11, 1985 COUNCIL iOWA: PROCEEDINGS OFFICIAL Special Session, February 11, 1985. Council Met at 7:00 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kvonfeldt, Manning, City Manager W. Kenneth Gearhart. Absent: Council Member Kluesner, Corporation Counsel Barry A. Lin- dahl. Mayor Brady read the call and stated that this is a SPECIAL MEETING of the CITY COUNCIL called for the purpose to act upon RESOLUTIONS Setting Dates for Public Hearings on issuance of $4,700,000 GO Bonds and FY 86 Budget. RESOLUTION NO. 45-85 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSI- TION OF THE ISSUANCE OF $4,700,000 GENERAL OBLIGA- TION BONDS (FOR AN ESSEN- TIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PRO- VIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubu- que, Iowa, should issue General Obligation Bonds to the amount of $4,700,000. as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential cor- Ix)rate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, Section 1. That this Council meet in the Five Flags Theater, Dubuque, Iowa, at 7:30 o'clock P.~Z, on the 25th day of February, 1985~ for the purpose of taking action on the matter of the is- suance of $4,700,000 General Obliga- tion Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of construction, reconstruction and repair of street ira- provements, bridges, storm sewers, and the extension and improvement of the municipal airport. Section 2. That the Clerh is hereby directed to cause at least one publico, lion to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and lu~ving general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue ~aid bonds shall be in substantially the following forrr~. NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $4,700,000 GENERAL OBLIGA- TION BONDS (FOR AN ESSEN- TIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubu- que, Iowa, will hold a public hearing on the 25th day of February. 1985, at 7:30 o'clock P.M., in the Five Flags Theater, Dubuc~e, Iowa, at which meeting the Council proposes to take additional action for the issuance of $4,700,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of construction, reconstrnc- tion and repair of street ira- provements, bridges, storm sewers, and the extension and improvement of the municipal airport., At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and con- sidered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 or the City Code of Iowa. Dated this llth day of February, 1985. Mary A. Davis City Clerk of Dubuque, Iowa Passed, adopted and approved this llth day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Absent--Council Member Khiesner. Communication of City Manager submitting three Resolutions required in connection with the adoption of the Fiscal Year 1986 Budget, upon motion received and filed. RESOLUTION NO. 46-85 SETTING THE DATE OF PUBLIC HEARING ON THE FISCAL YEAR 1986 BUDGET FOR THE CITY OF DUBUQUE, IOWA. WHEREAS, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for pubbc hearing on the budget before the final certification date and shall publish notice before the bearing as provided in Section 362.3 of the Code of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed 1985-1986 budget of the City of Dubuque at the Five Flags Theater, 4th and Main Streets, Dubuque, Iowa on Monday, February 25, 1985, besinn. lng at 7:80 p.m. 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 re. quired budget information. Passed, adopted and approved this 11th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. Absent--Council Member Khiesner. RESOLUTION NO. 47-85 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 1986 budget for the City of Dubuque; and WHEREAS, it is deemed to be in the best interest of the City of Dubu- que to conduct a public hearing and to adopt the five year Capital Improve- ment Program simultaneously with the public hearing and adoption of the Fiscal Year 1986 budget for the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five year Capital Improvement Pro- gram at the Five Flags Theater, 4th and Main Streets, Dubuque, Iowa on Special Session, Feburary 11, 1985 Monday, Febro~ry 2~, 1985, beginning at 7:30p. m. Section 2. That the City Clerk be and is hereby authorized and directed to publish Notice of Public Hearing of the meeting. Passed, adopted and approved this llth day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 48-85 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 munity Development Block Grant Funds; and WHEREAS, the regulations govern- ing the submission of a statement of intent for such funds require that citizens be provided w/th adequate in- formation concerning the Community Development Block Grant Program ~nd an adequate opportunity to par- ticipate in the development of the sub- m/ssion and in the development of any revisions, changes or amendments; and WHEREAS, it has been deemed to be in the best interests of the Com- munlty Development Block Grant Program to hold a hearing to supple- ment previously held neighborhood meetings, meetings with private and public agencies, City Manager's budget meetings, and the public meeting conducted by the Community Development Commission; and WHEREAS, it is further deemed to be in the best interests of the City of Dubuque to hold such public hearing simultaneously with the public hear- lng on the five year Capital Improve- ment Program and the Fiscal Year 1986 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL 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, adopted and approved this llth day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hanunel, Klues- ncr, Kronfeldt, Manning. Nays--None. ~ Absent--Council Member Kluesner. Meeting adjourned 7:06 p.m. Mary A. Davis City Clerk Special Session, February 11, 1985 Approved Adopted 1985 1985 Mayor Council Members ATTEST: City Clerk Special Session, February 1~, 1~5 CITY COUNCIL OFFICIAL Special Session, February 18, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart. Cot- peration Counsel Barry A. Linduhl. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose TO SET A PUBLIC HEARING ON BID PACKAGE "E' FOR THE DUBUQUE DOG RAC- ING FACILITY and acting upon such other' business which may properly come before the Council. Invocation was given by Rev. Fr. Franklin J. Klohn, Rector of St. John's Episcopal Church. PROCLAMATIONS: Week of Feb. 17-23 as "National Engineer's Week" received by Mike Broge; Week of Feb. 23 - Mar. 2 as "Youth Soccer Week" received by Chuck Isenhart. Jerry Guy of the Durrant Group submitted a Status and Progress Report on the Dog Racing Facility. Council Member Beurskens moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting documents for Bid Package "E" for the Dubuque Dog Racing Facility, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. (NECESSITY FOR IMPROVEMENT) RESOLUTION NO. 49-85 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- fica of the City Clerk showing among other things the plans, specifications aud form of contract for the improve- ment, and an estimate of the cost for the Dubuque Dog Racing Facility Bid Package "E" consisting of Contract g16 - Wall Finishes; Contract #17 -Floor Finishes; Contract #18 -Ceramic Tile Installation; Contract #19 -Signage; Contract #20 - Landscaping. BE IT FURTHER RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- slderation of this proposed resolution have filed objections with the City Clerk to the proposed plans, speeifica- tions, contract 0~r estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Court- cll and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from General Obligation. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 18th day of February, 1985~ Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kines- net, Kronfeldt, Manning. Nays--None. Special Session, Febrm~y 18, 1985 (PRELIMINARY APPROVAL OF PLANS, ETC.) RESOLUTION NO. ~9.84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for the Dubuque Dog Racing Facility Bid Package "E" consisting of Contract #16, Wall Finishes; Contract #17, Floor Finishes; Contract #18, Ceramic Tile Installation; Contract #19, Signage; and Contract #20, Landscaping, with the probable cost of the improvement to be $233,000.00 are hereby approved and ordered filed in the office of the ~ Clerk for public inspection, and are to be considered part of these plans. Passed, adopted and approved this 18th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bsarskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. (FIXING DATE OF HEARING AND AUTHORIZING ADVERTISE- MENT FOR PROPOSALS ~ RESOLUTION NO. 51-85 WHEREAS, the City Council of the City of Dubuque, lowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tlon for the Dubuque Dog Racing Facility Bid Package "E" consisting of Contract #16 - Wall Finsihes; Con- tract #17 - Floor Finishes; Contract #18 - Ceramic Tile Installation; Con- tract #19 - Signage, Contract #20 -Landscaping, and WHEREAS, the proposed Resohi- tion of Necessity for saidimprovement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 4th day of March, 1985, a public hearing will be held at 7:30 p.m. in the Carnegie.Stout Library Auditorium at which time in- terested persons may appear and be beard for or against the proposed plans and specifications, form of con- tract and cost of said improvement, and the City Clerk be an~t is hereby direeted to cause a notice of time and place of such hearing to be published in a newspaper having general c~roula- tion in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its conslderatian~ and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have filed objeetlons with the City Clerk, they shall be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 2:00 p.m. the 28th day of February, 1985. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held in the Carnegie- Stout Library Auditorium at 7:30 p.m. on the 4th day of March, 1985. Passed, adopted and approved this 18th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bsarskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Delch, Hammel, Kluee- nar, Krunfeldt, Manning. Nays--None. Communication of City Manager recommending vacation of a number of unused streets and alleys on property owned by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company Special Session, Feburary 18, 1985 and providing for exchange of proper- ty with said railroad company and re- questing approval of the concept for the exchange of properties, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hannnel, Klues- mr, Kronfeldt, Manning. Nays--None. An ORDINANCE Vacating unused street and alleys which are presently in subdivisinn owned or being used by Chicago, Milwaukee, St. Paul and Pacific Railroad, presented and read. Council Member Klueener moved that the reading just had be con- ~dered the first reading of the Or- dinance. Seconded by Council Member Manning. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- mr, Kronfeldt, Manning. Nays--None. Council Member Kluesner moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- nor, Kronfeldt, Manning. Nays--None. Council Member Kluesner moved that a Public Hearing be held on the Ordinance on March 4, 1985 at 7:30 p.m. in the Public Library Auditorium ond that the City Clerk publich notice in the manner prescribed by law. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hannnel, Klues- ncr, Kronfoldt, Manning. Nays--None. Civil Defense Auxillary Police re- questing to address the Council to ask for verbal support of the Fund Drive being conducted at this time, presented and read. Gary Anglin of tho group requested verbal support of their fund drive so they can purchase 6 )ortable two-way radios plus rechargeable batteries, with the amount needed being approximately $10;000. Council Member Beurskens moved that the petition be received and fded and supported the fund drive. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hanunel, Klues- ncr, Kronfeldt, Manning. Nays--None. Proof of publication certified by the Publisher, on Notice of Public Hearing to consider vacation of an alley located north of Fifth Street, between and parallel to Bluff St. and Locust St., presented and read. Council Member Kronfeldt moved that the proof of publication be received and filed. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--Council Member Beurskens. Petitions of Charles J. Murphy, Postmaster, opposing vacation of said alley; Gregory J. Ramsey, GSA, advis- ing that the alley's continued ex- istence is critical to the U.S. Postal operation; Samuel Lombardo of GSA stating opposition to vacation of sub- ject alley; Don Kirchburg objecting to vacation of said alley; Communication of Postmaster Charles Murphy objec- ting to vacating alley as requested by Dubuque Hidtoric Improvement Co. AND Petition of Thomas F. Murray, Pres. N.A.L.C. objecting to proposed Ordinance to vacate the alley behind the Redstone, presented and read. Council Member Kronfoldt moved that )etitinns and communications be received and filed. Seconded by Coun- cil Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Delch, Hammel, Klues- her, Kronfoldt, Manning. Nays--Council Member Beurskens. A RESOLUTION Approving the plat of a vacated alley north of Fifth St. between and parallel to Bluff St. and Locust St.; An ORDINANCE Vacating the alley north of Fifth St. Special Session, between and parallel to Bluff St. and Locust St.; and a RESOLUTION Ap- proving the sale of said alley to the Dubuque Historic Improvement Co. in the amount of $5,141 and authorizing delivery of Quit Claim Deed upon pro- per payment, said Resolutions and Or- dinance having been tabled at the Council Meeting of February 4, 1985, presented and read. Council Member Kronfeldt moved to deny the adoption of the above Resolutions and Or- dinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--Council Member Beurskens. Beneficial Liquor and Beverage Association submitting their thoughts regarding the Dubuque Jaycees to sell beer in Dubuque's Washington Park and objecting to the same, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending Sec- tion 27-49 of the Code of Ordinances relating to the consumption of beer in Washington Park by providing a new subsection (e) to allow consumption of beer in Washington Park during designated hours, presented and read. Council Member Kronfeldt moved that this Ordinance be referred to the Legal Staff with a list of guidelines and that the Park & ~Rec. Commission consider it before coming back to the Council. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayur Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt, Nays--Council Member Deich, Man- hind. ' Communication 0f Corporation Counsel Lindahi submitting copy of 'Judgement and Order in the case of the City of Dubuque vs. Group W. Cable, Inc., presented and read. Council February 18, 1985 79 Member Hammel moved that the com- munication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klues- net, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing approval of time extension for Brice, Petrides & Associates relative to the Cedar Cross location study, presented and read. Council Member Hammel moved that the com- municatinn be received and filed. Seconded by Council Member Kluesner. Carried by the following vote; Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme], Klues- net, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 52-85 RESOLUTION AUTHORIZING EX- TENSION OF AGREEMENT WITH BRICE, PETRIDES AND ASSOCIATES FOR COMPLETION OF PROFESSIONAL SERVICES ASSOCIATED WITH THE CEDAR CROSS CORRIDOR LOCATION STUDY WHEREAS, the City Council adopted a Resolution NO. 18-83 in February 8, 1983 for a contract for professional services associated with the Cedar Cross Extension Corridor Location Study with Brice, Petrides & Associates, Inc,; and WHEREAS, the original provisions of the contract was for the services outlined in the contract to be com- pleted in a thirteen 113) month period terminating on June 1, 1984; and WHEREAS, the City Council by Resolution 168-84 on June 5, 1984 granted an eleven (11) month exten- sion on the contract to May 7, 1985; and WHEREAS, after Phase I of the Cultural Resources Study had been completed there was evidence such that the Phase II of the Cultural Resources Study would be required; and WHEREAS, the City Council by Ci- Special Session, Feburury 18, 1985 ty Resolution No. 359-84 dated November 5, 1984 authorized the City Manager to execute a Supplemental Agreement with Brice. Petrides & Associates, Inc. for conducting Phase II of the Cultural Resources Study; and WHEREAS, authorization to pro- ceed with Phase II of the Cultural Resources Study was not authorized by the Iowa Department of Transpor- tation and the Federal Highway Ad- ministration until December 27. 1984; and WHEREAS, it is the consensus of representatives of the Federal Highway Administration, Iowa Department of Transportation, and the State Historical Preservation Of- flcer that Phase II of the Cultural Resources Study should not be con- ducted until spring and summer of 1985; and WHEREAS. it is now estimated that it may be as late as February 1, 1986 before the field investigation and further review by the respective par- ties and completion of the documents are completed for the Corridor Study; and WHEREAS, Brlce, Petrides & Associates has requested an extension of contract to February 1, 1966. NOW, THEREFORE, BE IT AUTHORIZED, by the City Council of the City of Dubuque, Iowa: Section 1. That an extension be granted to Brice, Petrides & Associates on the contract entered into on February 8, 198~ for the Cedar Cross Corridor Location Study to February 1, 1986. Passed, adopted and approved this 18th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mere-bets Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. Communication of Robert W. Harp- ster, Executive Director of League of Iowa Municipalities advising the first steps taken terminating general Revenue Sharing one year ahead of its current entitlement cycle, presented ~nd read. Council Member Manning moved that the communication be received and filed. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hanunel, Klues- ncr. Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Resolution regarding General Revenue Sharing, presented ~nd read. Council Member Manning moved that the communication be received and filed. Seconded by Coun- c~l Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 53-85 SUPPORTING THE CONTINUA- TION OF GENERAL REVENUE SHARING PROGRAM WHEREAS, the current entitle- ment cycle for the distribution of General Revenue Sharing Funds to eligible recipients was scheduled by law to expire on September 30, 1985; and WHEREAS, the U.S. Office of Management and Budget proposes to terminate General Revenue Sharing one year ahead of schedule on September 30, 1985; and WHEREAS, the City of Dubuque has prepared its Fiscal Year 1986 budget on the proposition that General Revenue Sharing Funds would be available and received during that period to support the City's capital improvement program; and WHEREAS, Such termination creates an unrealistic hardship and will force the City to amend its budget and to eliminate essential capital im- provements; and WHEREAS, the City of Dubuque supports the continuation of General Special Session, February 18,1985 81 Revenue Sharing as one of its most flexible tools to respond to the rebuilding needs of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the City of Dubuque strongly protests the abrupt action of the U.S. Office of Management and Budget to eliminate General Revenue Sharing one year ahead of schedule as such elimination undermines the City's capital improvement program to build and maintain its infrastructure. Section 2. That the City of Dubuque does not suppor~ in any manner, ~duetion or elimination of General Revenue Sharing Funds after the ~nt entitlement period expires on September 30, 1986. Section 3. That the City of Dubuque supports the passage of either House of Represnetatives ' Bill 796 or Senate Bill 318, both of which are designed to extend the General Revenue Sharing Program through federal Fiscal Year 1991 or federal Fiscal Year 1989 respec. tively. Section 4. That the City Clerk is hereby authorized and directed to pro- vide certified copies of this Resolution to the Iowa Congressional Delegation and Iowa United States Senators. Passed, adopted and approved this 18th day of February, 1985. James E. Brady Mayor ATTEST: Mary A; Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kroufeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ocr, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing Council authority for Mayor to send letters to area legislators regarding State Municipal Assistance, presented and read. Council Member Manning moved that the communica- tion be received and filed and approv- ed request. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammel, Kluee- net, Kronfeldt, Manning. Nays--None. Discussion of loan of $11,400 to Community Development Block Grant funds to Dubuque Trolley, Inc. to assist in its purchase of property at 235 W. Second St., was presented. Council Member Beurskens moved that they approve the allocation of funds and direct Staff to prepare documents in cooperation with Dubu- que Trolley, Inc. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt. Nays--None. Abstain--Council Member Mann- lng. RESOLUTION NO. 54-85 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval end 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 bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pIicants a Beer Permit. CLASS "C" BEER PERMIT Passed, adopted and approved this 18th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis Special SeE~ion, February 1~, 1~5 City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dsich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 55-85 WHEREAS, Applications for Li- quor Licenses have been submitted to tiffs Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C' ICOMMERC1AL) BEER AND LIQUOR LICENSE Passed, adopted and approved this 18th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the fuliowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammcl, Klues- ner, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Airport Comm. of 1-16; Ad Hoc Dock Corem, of 2-6; Dock Committee of 1-15; Dubu- que In-Future, Inc. of 1-25; Cable Taleprogramm/ng Comm. of 1-14; Plumbing Bd. of 1-31; presented and read, Council Member Beurskens mov- ed that the minutes be received and fil- ed, Seconded by Council Member Kron/eldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Bourshens, Deich, Hammel, Kluce- nor, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel recommending denial of pro- petty damage claim of Bernard Bed- tka et ux, presented and read. Council Member Beurskens moved that the communication be received and filed and denial approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurehens, Dsich, Hammel, Klues- nor, Kronfeldt, Manni~. Nays--None. Communication of Corporation Counsel recommending cettlements of personal injury claim of Stephen Betz in amount of $64; Personal injury claim of Nellie M. Mayno in tho amount of $539; Property damage claim of Harlund FrommeR in the amount of $91.52, presented and read. Council Member Beurskens moved that the communications be received and filed and Finance Director to issue the proper checks. Seconded by Coun- cll Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluse- ner, Krunfeldt, Manning. Nays--None. REFUNDS REQUESTED: James J. Birchett, $422.50 on unexpired Li- quor License, presented and read. Council Member Beurskens moved that the refund be approved and Finance Director directed to issue the proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Special Session, February 18, 1985 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. Petition of Colts Drum & Bugle Corps requesting funding assistance for Fiscal Year 1986 through Revenue Sharing programs, presented and read. Council Member Beurskens mov- ed that this matter be referred to the Budget. Seconded by Council Member Kronfeldt. Carried by the fuliowing Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammcl, Kluce- her, Kronfeldt, Manning. Nays--None. Communication of Housing & Urban Development advising request to ter- minate (Planning Advance $61,000) has been granted, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- mr, Kronfeldt, Manning. Nays--None. Proof of publication advising "Jobs Bill" performance report to Housing and Urban Development is on file in various places for inspection, pre- sented and filed. Council Member Beurekens moved that the proof of publication be received and filed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klues, nar, Kronfoldt, Manning. Nays--None. Communication of Corporation Counsel advising of several cases which are on appeal and have been set for argument, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hannnel, Klues- mr, Kronfeldt, Manning. Nays--None. A RESOLUTION from John W. Moore requesting equal and equivalent use of a small parcel of the Hill Street Addition Lot, presented and read. Council Member Beurskens moved that the Resolution be denied. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskean, Deich, Hammel, Klues- nor, Kronfeldt, Manning. Nays--None, Communication of City Manager submitting Resolution authorizing mblicatlun of Notice of Avaflahility of Community Development Block Grant Performance Report, presented and read. Council Member Beurskens mov- ed that the comm~mlcation be received and filed, Seconded by Council Member Kroafeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mere- hers Beurskens, Dsich, Hammsi, Klue~ nor, Kronfeldt, Manning. Nays--None. RESOLUTION NO. ~ AUTHORIZING PUBLICATION OF NOTICE OF AVAILABILITY FOR PUBLIC INSPECTION CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT DOCUMENTS WHEREAS, under date of February 18, 1985, the Annual Grantee Parlor- mance Report for Calendar Year 1984 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 shaB be made to in- form citizens involved in or affected by the local Community Development Block Grant Program that the Perfur- monce Report has been submitted and is available to interested parties upon request; and WHEREAS, Section 570.906 lc) r~- quires that there be public notice of the availability of the Grantee Perfor- mance Report for inspection by the mblic; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: ~)e~ Session, Feburury 18,1985 Section 1. That the City Clerk be and she is hereby authorired and directed to publish in the Dubuque Telegraph Herald, a newspaper of general cireuh. lion within the City, public notice in the form of Exhibit A, attached hereto and made a part hereof Passed, adopted and approved this 18th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bearskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- ner, Kronfoldt, Manning. Nays--None. Communication of City Manager submitting brief summary at a public meeting conducted by him of the Fiscal Year 1986 City Budget, presented and read. Council Member Beurskens moved that the com- munieation be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- nar, Kronfcidt, Manning. Nays--None. Communication of Operation: New View advising of operating the JTPA Summer Youth Employment Program and requesting assistance for employ- meat of individuals, presented and read. Council Member Beurskens mov- ed tha the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- nar, Kronfeldt, Manning. Nays--None. Communication of Office for Plann- lng and Programming advising re- quest for additional time to complete Iowa Community Development and Loan Project (ICDL-84-019) is approv- ed, presented and read. Council Member Beurskens moved that the curomunication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Flues- ner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting the Fiscal Year 1984 Audit Reports that have been prepared by Helle, Flostorman and Company, enclosing Auditor's Findings and Recommendations, along with the Ci- ty's response thereto, presented and read. Council Member Beurshens mov- ed that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel, Kluee. her, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting tax exemption applica- tions for Urban Revitalization Area properties, presented and read. Court- cil Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hanunel, Flues- nar, Kronfaldt, Manning. Nays--None. RESOLUTION 57-85 A RESOLUTION APPROVING TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN THE JACKSON PARK, WEST ELEVENTH STREET, AND WASHINGTON STREET URBAN REVITALIZA- TION AREAS, AND AUTHORIZ-ING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR WHEREAS, the Urban Revitaliza- tion 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 revitallza- Special Session, Febmm,y 18,1985 tion area; and WHEREAS, the Urban Revitaliza. tion Act requires each property owner to submit a written exemption applica- tion 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 re- qalrements of the adopted urban revitalization plan and forward the ap- proved applications to the local assessor for review by March 1 of each year; and WHEREAS~ pursuant to the re- quirements of said Urban Revitallea. tion Act, City Ordinances 74-80, 15-81 and 40-81 established the Jackson Park, West Eleventh Street, and Washington Street urban revitaliza. tion areas, respectively; and WHEREAS, the City Clerk of the City of Dubuque, as of February 1, 1988, received tax exemption appliea- tiGriS from owners of property as follows: Michael J. Glew for improvements at Nobel for improvements at 345.47 W. 17th; Michael E. Portzen for improvements at 415-19 Loras; Jim and Nancy Stack for ira- I~ovemente at 1499 Bluff; Audrey L. Yar- nail for improvements at 649 W. llth.; and WHEREAS, staff of the City's Com- munity Development Department have reviewed the above described ap- plieatione and inspected the proper- ties, and have determined that the ap- plleations and the improvements con- form to all requirements of the City of Dubuque's Urban Revitalization Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described tax exemption applications meet all re. quirements of the City of Dubuque's Urban Revitalization Pla~ {9eetion 2. That the above described tax exemption applications are hereby approved by the City Council subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the above described tax ex. eruption applications to the City Passed, adopted and approved this 18th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Ddch, Haramel, Fluee. mr, Krunfaldt, Manning. Nays--None. At 8:45 p.m. Council Member Kronfeldt moved to go into Closed Session to discuss strategy with Counsel in matters that are presently /n litigation or where litigation is immi. nant where its disclosure would be like- ly to prejudiea or disadvantage the position of the governmental body in that litigation in accordance with Chapter 28A.$ (c) of the 1983 Code of Iowa as amended. Council reconvened at 9:14 p.m. Mayor Brady announced that Legal Counsel has been given direction regarding pending litigation. There being no further business, Council Member Manning moved to adjourn. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel, Fluee- her, Kronfeldt, Manning, Nays--None, Meeting adjourned - 9:15 p.m, Mary A. Davis City Clork Approved 1985 Adopted .1985 Mayor Special Session, Feburnry 18,19~5 Council Members ATTEST: City Clerk Special Seuion, February 25,1985 COUNCIL PROCEEDINGS OFFICIAL Special Session, February 11, 1985. Council Met at 7:30 o'clock p.m., Five Flags Theater Present--Mayor Brady, Council Members Beurskens, Deich, Hamme] Klucener, Kronfoldt, Manning, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. Mayor Brady read the call and stated that service thereof had been duly made and this meeting is called for the purpose TO CONDUCT A PUBLIC HEARING ON THE FISCAL YEAR 1986 BUDGET AND TO APPROVE SUPPORTING DOCUMENTS. Proof of Publication, certified to by the PubUsber, on Notice of Meeting on the Matter of the proposed issuance of $4,700,000 General Obligation Bonds for an essential corporate purpose, presented and read. Council Member Deich moved to suspend the rules to let anyone ad- &ess the Council if they so desire. Seconded by Council Manning. Car- tied by the foUowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfoldt, Manning. Nays--None. No written objections were received and no oral objectors were present at the time of the bearing. Council Member Kluesner moved that the proof of publication be receiv- ed and fried. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hanunel, Klues- ncr, Kronfoldt, Manning. Nays--None. RESOLUTION NO. 58-85 RESOLUTION INSTITUTING PRO- CEEDINGS TO TAKE ADDI- TIONAL ACTION FOR THE IS- SUANCE OF $4,700,000 GENERAL OBLIGATION BONDS 87 WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $4,700,000 General Obligation Bonds for the essential corporate purpose of paying costs of construction, reconstruction and repair of street ira- provements, bridges, storm sewers, and the extension and improvement of the municipal airport, and has con- sidered the extent of objections receiv- ed from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best in- terests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and tokes additional action for the sale and is- suance in the manner required by law of $4,700,000 General Obligation Bonds for the foregoing essential con porate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to c~use to be prepared such notice and sale information as may appear ap- propriate, republish and distribute the same on behalf of the City and this Council and otherwise to take all ac- tion necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council Passed, adopted and approved this 25th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Haramel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klues- her, Krunfeldt, Manning. Nays--None. Proofs of Publication, certified to by Spiel Session, February ~5,1985 the Publieher, on Notice of Public Henringe for the purpose of obtaining the views of residents of the City on Community Development and Hons- in~ Needs; Notice of Public Heurtn~ l~ovidtn~ for the adoption of the Five Year Capital Improvement Pre,rem for the City of Dubuque; No/ice of Public Hearing provid~g for the adop- tion of the City of Dubuque Budget for Fiscal Year 1986 (July 1, 1985 thru June 30, 1986), presented and read. Council Member Kronfeldt moved that sil the proofs of publication be recaiv- ed and file~ Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Reur~bens, Daich, Hammsi, Klue~ nsf, Kronfelde, Manning. Nays--None. Communication of Greater Dubuque Development Corporation requesting consideration of continuation of FY'86 funding at the same livel as had been obtained in pre~ons years; Petition of Editor of Port of Dubuque Visitor questing funds he allocated to them in the mount of $2000; Petition of Operatinn: New View requesting fun- ding in the amount of $5,840; Petition c~ Tourism and Convention Bureau again requesting 25% of the Hotel/Motel tax for the coming ycar; Petition of the Colts Drum & Bugle Corps requceting consideration for funding assistance from Council for fiscal year 1986 through revenue shar- ing programs; Petition of Helping Ser- vices for Northeast Iowa, Inc. re- questing funds for FY'85-86; Petition c~ Retired Senior Volunteer Program requesting funding in the amount of $5,000; Petition of Information and Referral request'rog funding from FY'86 Budget; Communication of Foster Grandparent Advisory Council requesting consideration as to future of the City's mass transit system; Petition of Dubuque Area Project Con- cern reqnssting funding for their ser- vice, presented and read. Council Member Kcoedaidt moved that all communications and petitions be received end filed. Seconded by Coun- ~l Member Kronfeldt. Carried by the following Fete: Yeae--Mayor Brady, Council Mem- bers Benrekens, Daich, Hammsi, Klue~ nar, Kronfelde, Manning. Nays--None. A RESOLUTION Adopting the An- nuai Budget for the Fiscal Year ending June 30, 1986 and A RESOLUTION Providing for the adoption of the Five Year Capital Improvement Program for period heglnnln~ July 1, 1985 as set out in the Fiscal Year 1986-1990 Recommended Capital Improvement Budget, were presented for discussion. Mayor Brady advised those in atten- dance that the Council would be tee. fog each department separately and comments or objections should be nmde at the time each department was )resented. POLICE DEPARTMENT -- Coun- cil Member Brady moved to edd to the budget $44,000 for one (1) police of- ricer. Seconded by Council Member Deich VOTE ON THE MOTION WAS AS FOLLOWS: Yens--Mayor Brady, Council Members Deich, Hammel. Nays--Council Members Beurekens, Klucener, Kronfeldt, Manning. MO- TION FAILED. JOINT COMMUNICATIONS CENTER -- Council Member Kronfeldt moved to add $8,000 for part-time dispatchers to provide coverage by two dispatchers on a 24 hour basis. Seconded by Council Member Manning. Carded by the following vote: Yens--Mayor Brady, Council Mem- bers Benrskens, Delch, Hammel, Klue~ nsr, Kronfeldt, Msnning. Nays--Nene. FIRE DEPARTMENT -- Council Member Hammsi moved that the City Council establish the policy of 8 men in each company, and that the City Manager, effective July 1, 1985, hire three (3) additional fire fighters ($94,857 Budget Impact and amounts to $3.27 per taxpayer yearly). Second- ed by Counc'd Member Deich. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas--Mayor Brady, Council Members Deizh, Hammel. Nays--Council Members Beureeens, Kluesner, Kronfoldt, Manning. MO- TION FAILED PARK & RECREATION DEPART- Special Session, Feburary 2~, 1985 MENT -- Council Member Benrskens moved to authorize switching of funds in the current year to accomplish the South Entrance Read project and defer $40,000 of the Four Mounds Road project. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. AIRPORT DEPARTMENT -- Councli Member Beurskens moved to delete the Water System Project and Crash/FirdReecue Building Project; Add a project to construct 2nd floor office space AND increase revenue from the additional office space which will be approximately $13,500 par yenr. Seconded by Cooncli Member Manning. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beureeens, Dsich, Hanunel, Kluse- cer, Kronfeldt, Manning. Nays--Nons. TEANSIT DEPARTMENT -- Council Member Kluesner moved to add $9,359 to the Transit budget Ifrom Operating Aseistance~ for the Project Concern minibus operation. Seconded by Council Member Deich. Carried by the following vote: Ycas--Mayur Brady, Council Mem- bers Beurskens, Dsich, Hsmmel, Klues- net, Krenfoldt, Manning. Nays--Nons. Judi Fjeilman, League of Women Voters addressed the Council and stated they were very much in favor of the budget as the Manager has propos- ed except to retain the position of Public Works Director,'and the reloca- tion of the Dock Division to the City Manager's Office and the Parking Division to the Finance Department. CITY MANAGER'S OFFICE -- Council Member Kronfoldt moved to reinstate Public Works Director posi- tion and department with the divisions being Engineering, Street, Water, Wastewater and delete the Assistant City Manager for Capital Im- provements and Special Projects as proposed in FY'86 Budget. Seconded by Member Beurskens. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Klues- r~r, Kronfsidt, Manning. Nays--Mayor Brady. Coonc'fl Member Hammel moved to raise the City Manager's salary to $50,000 lapprox. 8%). Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Hammel, Klnsener, Nays--Council Members Beureeens, Kronfeldt. CITY CLERK'S OFFICE -- Council Member Hammel moved to raise the City Clerk's salary to $31,690 (approx. 6%). Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klnssner, Manning. Nays--Council Member Kronfeldt. PURCHASE OF SERVICES -- Council Member Manning moved to in- ~ease the RSVP Contract from $3,000 to $4,500. Seconded by Council Member Kronfeldt. Carried by the following vote: Ycas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klnss- her, Kronfeldt, Manning. Nays--None. Council Member Beureeens moved to add $950 for Helping Services for Northeast Iowa. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Nays--Council Members Kluesner, Kronfeldt. RESOLUTION NO. 59~5 A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1986. Be it Resolved by the Council of the City of Dubuque, Iowa: The annual budget for the fiscal year Special Session, Februo~y 25, 1985 ~ding June 30, 1986, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year is adopted, and the clerk is directed to make the filings re- quired by law and to set up his books in accordance with the summary and details as adopted. Passed, adopted and approved this 25th day of February, 1985. Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- mr, Krunfoldt, Manning. Nays--None. James E. Brady Mayor A~rEST: Mary A. Davis City Clerk Council Member Kluenser moved adoption of the Resolution as amend- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 60-85 ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PRO- GRAM WHEREAS, a recommended five year Capital Improvement Program for the period bebdn~ing July 1, 1985 and ending June 30, 1990 for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the five year Capital Improvement Program: (1) describes specific capital im- 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 Improve- ment projects for the first year are in- cluded in the Fiscal Year 1986 budget for the City of Dubuque; and WHEREAS, the five year Capital Improvement Program will be rccon- ~idcred a~munlly by the City Council and appropriately revised; and WHEREAS, the adoption of the five year Capital Improvement Program is a prudent measure to provide continul- ty of programs and is in the best in- terest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period b~ginning July I, 1985 as set out in the Fiscal Year 198~ - 1990 Recommended Capital Improvement Budget as amended is hereby approved and adopted as the proposed allocation of the City r~sourccs for capital im- provements as scheduled in the years show~, subject to annual review and revision. Passed, adopted and approved this 25th day of February, 1985. James E. Brady Mayor AVl'EST: Mary A. Davis City Clerk Council Member Klansner moved adoption of the Resolution as amen& ed. Seconded by Council Member Krunfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEAL- lNG SECTION 36-101, RESIDEN- TIAL, COMMERCIAL AND IN- DUSTRIAL USES, 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 effective Ju- ly 1, 1985, presented and read. Council Member Krunfeldt moved that the reading just had be considered the Special Session, Feburory 25, 1985 first reading of the Ordinance. Second- ed by Council Member Manning. Car- ried by the following vote: Yeas--Mayoc Brady, Council Mem- bers Beurskens, Delch, Halmnel, Klans- ncr, Kronfeldt, Manning, Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be read at two separate meetings be dispensed with. Seconded by Council Member Manning, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 5-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 36-161, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES, DIVISION 4, "RATES", AND ENACTING A NEW SECTION 36- 161, RESIDENTIAL, COMMER- CIAL AND INDUSTRIAL USES, UNDER DIVISION 4, "RATES", IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL 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, Residential, Conmaercial and Industrial Uses, under division 4, "Rates", and enacting a new Section 36-161, Resi- dential, Commercial and Industrial Uses under Division 4, "Rates", in Heu thereof to provide as follows: Section 36-161. Residential, Com- mercial and Industrial Uses. a. Commencing with aH billings on and after July 1, 1985, the rates to be charged for water for residential, com- mercial, industrial and other uses and purposes by any person, firm or cor- poration supplied water within the City shah be fixed and determined 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 $1.16 Next 12,000 0.96 Next 35,~0 0.86 Next 50,000 0.76 Over 100,000 0.67 The minimum monthly charge according to the size of the meters shall be as follows: Meter Size Minimum Allowance (Inches) Chhrge( C u b i c Feet) 5/8 $~.32 200 3/4 $9.28 800 1 $15.08 1,300 llA $24.36 2,100 1~ $30.16 2,600 2 $50.16 4,600 3 $107.76 10,600 4 $165.48 16,809 6 $337.48 36,800 8 $546.00 62,500 b. Commencing with all billings on and after July 1, 1985 the rates to be charged for water supplied by the City Water Division to residential, commer- sial, industrial and other uses and pur- poses by any person, firm o r corporation, outside the corporation limits of the City of Dubuque, Iowa, shall be at one hundred fifty percent (150%) of the rates set forth herein above. c. For aH meters in service, bills wiil be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimatod consump- tion. For estimated billings, either on alternate months or when readings are not obtainable for any reason, con- sumption will be predicated on monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related con- sumption identified in the Code of Ordinances for the size of the meter in service for the particular account. d. The proper adjustment from esti- mated readings will be made when an actuai meter reading is obtained. The adjustment will be reflected on the customer's next regular bill. e. If requested by the customer, a remote reading device may be installed and biiled on an installment contract over a maximum of a six month )eriod. This Ordinance shall be in full force and effect on and after July 1, 1985 ~fter its adoption and publication as provided by law. PASSED, APPROVED AND ADOPTED this 25th day of February, 92 Special Session, Februory 25,1985 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of March, 1985 Mary A. Davis City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 6-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, C1- "fY OF DUBUQUE, IOWA, BY REPEALING SECTION 36*56 OF DIVISION 4, "RATES" OF ARTI- CLE II AND ENACTING A NEW SECTION 36-56 OF DIVISION 4, "RATES" OF ARTICLE II IN LIEU THEREOF TO PROVIDE FOR REVISION OF SEWER RATES AND CHARGES, presented and read. Council Member Manning moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kronfeldt. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Council Member Manning moved that the rules requiring an Ordinance to be read at separate meetings be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, I~onfeldt, Manning. Nays--None. ORDINANCE NO. 6-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEAL- ING SECTION 36-56 OF DIVISION 4, "RATES", OF ARTICLE II AND ENACTING A NEW SECTION 36-56 OF DIVISION 4, "RATES", OF ARTICLE II IN LIEU THEREOF TO PROVIDE FOR REVISION OF SEWER RATES AND CHARGES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 36-56 of Division 4, "Rates", of Article II and enacting a new Section 36-56 of Divi- sion 4, "Rates", of Article II in lieu thereof to provide as follows: Section 36-56 Established Commencing with all billings on and after July 1, 1985, contributors whose property lies within the corporate limits of the City, except as otherwise provided in this division, shall pay to the City, through its collection agent at its office at the same thne payment for water service is made, a sewer set- vice charge computed on water con- sumption on the following rates: a. Boslc Charges: The sewer rates and charges shall be based on the quantity of water used in or on the property or premises. For all custom- ers utilizing sewer service, bills will be issued monthly. When a water meter is not read monthly for any reason, bills will be issued on estimated consump- tion. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reoson, consumption will be predi- catsd on the 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 con- sumption identified in the Code of Ordinances, for the size of the water meter in service for the particular b. Schedule of Rates: Monthly Rates ' Rate per each 100 cubic feet $1.26 c. Service Charge 1. When a parcel of real estate, prop- erty or bnilding; 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 acceptable to the City, the mnount of water used shall be deter- mined by the City in such manner as the City Manager may elect to estab- Special ~ession, Febura~y 25, 1965 lish 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 accept- able to the City for said purposes. 2. When a parcel of real estate, prop- erty 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 sup- plied by the City Water Division, and in addition uses water from another source which is not measured by a water meter not acceptable 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 pro- vided 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, prop- erty 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 WaterDivision, the amount of sanitary sewage, indus- trial wastes, water or other approved waste discharged into the sanitary sewer system shall be determined by the City in such a manner as the City Manager may elect hi order to estab- llsh the rate of charge as provided in this division, or the owner or other interested parties at their expense may install and maintain a sewage meter acceptable to the City for said pur- poses. 4. The City Council, may in its dis- cretion, when applicable, permit con- nection to the City sanitary sewer of properties located outside the corpora- tion limits upon such terms and condi- tions 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 equita- bly adjusted to the service rendered, the City shall have the right to base its charges not only 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 deter- mine the strength and content of all sewage and wastes discharged either directly or indirectly into the City's sanitary sewage system, in such man- ner and by such methods as it may deem practicable in light of the condi- tlons and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated on an individual account ba~s when concentration of the sewage exceeds three hundred (300) milligrams per liter of biochemical oxygen demand, three hundred fifty (350) mil~ ligrams per liter of suspended solids or two (2) percent or more of the flow rate into the sewage treatment plant. 6. The rates and charges may be billed the tenant or tenants occupying the properties served, unless otherwise requested 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. 7. Where the quantlty of water con- sumed in such that the minimum water service is charged, the minimum sewer charge, according to the size of the meter, shall be as follows: MONTHLY RATES Meter Minimum Alhiwanc~ (Inches) Charges (C.F.) 5/8 $2.52 200 3/4 $10.08 800 i $16.38 1,300 ilA $26.46 2,100 1V~ $32.76 2,600 2 $57.96 4,600 3 $133.56 10,600 4 $211.68 16,800 6 $436.68 36,800 8 $787.50 62,500 This Ordinance shall be in full force and effect on July 1, 1985, after its final adoption and publication as pro- vided by law. PASSED, APPROVED AND ADOPTED this 25th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of Msxch, 1985. Mary A. Davis City Clerk Council Member Manning moved final adopU~on of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesnor, Kronfeldt, Manning. Nays--None. 94 Special Session, February 25, 1985 ORDINANCE NO. 7-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEAL- ING 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, presented and read. Council Member Beurskene moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Mavnlng. Nays--Mayor Brady. Council Member Beurskens moved that the rule requiring an Ordinance to be read at three separate meetings be dispensed with. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Council Mem- bers Beurskens, Delch, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--Mayor Brady. ORDINANCE NO. 7-85 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 ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA that the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 17-36. "Charges-Amounts; Exceptions" and enacting a new Section 17-36. "Charges-Amounts; Exceptions" in lieu thereof as follows: Section 17-36. Charges-Amounts; Exceptions (a) Class I premises. Except as quail- fled below, a fee of three dollars and ninety cents ($3.90) per month shall be charged by the City and collected from each property owner of a class I prem- ises for such services effective July 1, 1985. Said charges or fee shall.be in payment for cnilection and disposal of garbage and refuse as defined. Excep- tions to the collection charges for class I premises are as follows: (1) When a class I premises have been vacant for a period of three (3) consecutive months or longer, the owner may apply for a credit under procedures to be established by the City Manager. Such exemption shall continue only so long as the class I premises is vacant. (2) Class I premises when the head of the household is sixty-five (65) years or older and with a per family income of seven thousand Seven hundred eighty-five dollars ($7,785.09) or less, may, upon application, be exempted from one-haft the established collection charge. Subsequent to initial applica- tion and eligibility, annual application must be made on July first of each year to verify annual income and ellgi- billty. (3) In cases of extreme financial hardship, the City Manager may, and is hereby authorized and empowered to, make adjustments in the monthly collecHon charge. In all such cases, the City Manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship as he/she may deem necessary. (b) Class II premises. The City shall continue to collect from class II prem- ises currently receiving such service. The chsxge for such collection service shall be based upon the average weekly quantity of garbage and refuse being collected, as detemined by the City Manager. The rate charge shafi 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 prem- ises rate Hines one (1). (2) The next one hundred twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate thnes seventy-five one- hund~dths (0.75). (3) All additional units of one hun- dred 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 wich- lng to be served by City garbage and refuse collection shall provide the City with thirty (30) days written notice of its intent to terminate the service. Such termination of service shall be Special Session, February 25,19~5 effective with the next billing period. This ordinance shall be in full force and effective on July 1, 1985 after its adoption and publication as provided by law. PASSED, APPROVED AND ADOPTED this 25th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of March, 1985. It 3/12 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Klueenar, Kronfeldt, Manning. Nays--Mayor Brady. AN ORDINANCE Amending the Code of Ordinances by enacting a new Section 2-21 in lieu thereof providing for the compensation of the Mayor and Council Members, presented and read. Council Member Hammel moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Deich. Vote on the Motion was as follows: Yeas--Mayor Brady, Council Members Deich, Hammel, Manning. Nays--Council Members Beurskens, Kluesner, Kronfeldt. Council Member Hammel moved that the rule requireing an Ordinance to be read at three separate meetings be dispensed with. Seconded by Coun- dl Member Delch. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas--Mayor Brady, Council Members Deich, Hammel, Manning. Nays--Council Members Beurskens, Kluesner, Kronfeldt. MOTION FAIL- ED DUE TO ~A VOTE NEEDED TO PASS ON FIRST READING. Council Member Hammel moved that the rule requiring an Ordinance to be read at three separate meetings dinance and to be placed on next agen- da. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning. Nays--Council Members Beurskens, Kronfeldt. ORDINANCE NO. 8-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (b) OF SECTION 2-169 THEREOF AND ENACTING A NEW SUBSECTION (b) OF SECTION 2-169 IN LIEU THEREOF PROVIDING FOR THE RESPONSIBILITY OF THE OF- FICE OF DIRECTOR OF PUBLIC WORKS FOR DIRECTING THE AC- TIVITIES OF CERTAIN DIVI- SIONS, presented and read. Council Member Manning moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Bearekens, Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. Council Member Manning moved that the rule requiring an ordinance to be read at three separate meetings be dispensed with. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 8-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION (b) OF SECTION 2-169 THEREOF AND ENACTING A NEW SUB- SECTION (b) OF SECTION 2-169 IN LIEU THEREOF PROVIDING FOR THE RESPONSIBILITY OF THE OFFICE OF DIRECTOR OF PUBLIC WORKS FOR DIRECTING THE ACTIVITIES OF CERTAIN DIVISIONS.. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing subsection (b) of Section 2-169 thereof and enacting a new subsection (b) of Section 2-169 in lieu thereof as follows: "Sec. 172. Office created; responsi- hilities generally. Special Session, Feburary 25, 1985 (b) Said office shall have the respon- sibifity for construcU~on and operation of Pubks Works, and shah have the responsibility for dlrecfmg the activi- ties of several divisions comprising the Public Works Department; including: (1) Engineering; (2) Street; (3) Wastewater Treatment; (4) Water System." PASSED, APPROVED AND ADOPTED this 25th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of March, 1985. Mary A. Davis City Clerk It 3/8 Council Member Manning moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 9-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION (b) OF SECTION 2-172 THEREOF AND ENACTING A NEW SUBSECTION ~b) OF SECTION 2-172 IN LIEU THEREOF PROVIDING FOR THE EESPONSIBILITY OF THE OF- FICE OF THE DIRECTOR OF COM- MUNITY DEVELOPMENT FOR DIRECTING THE ACTIVITIES OF CERTAIN DIVISION, presented and read. Council Member Beurskens mov- ed that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be read at three separate meetings be dispensed with. Seconded by Council Member Krnnfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. ORDINANCE NO.9-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION (b) OF SECTION 2-172 THEREOF AND ENACTING A NEW SUB- SECTION (b) OF SECTION 2-172 IN LIEU THEREOF PROVIDING FOR THE RESPONSIBILITY OF THE OFFICE OF THE DIREC- TOR OF COMMUNITY DEVEL- OPMENT FOR DIRECTING THE ACTIVITIES OF CERTAIN DIVI- SIONS.. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nonces of the City of Dubuque, Iowa be amended by repealing subsection (b) of Section 2-172 thereof and enacting a new subsection (b) of Section 2-172 in lieu thereof as follows: "Sec. 172. Office created; responsi- bilities generally. (b) Said office shall have the respon- sibility for directing the activities of several divisions comprising the Com- munity Development Department, including: (1) Building Services; (2) Development Services; (3) Health Services; (4) Housing Services." PASSED, APPROVED AND ADOPTED this 25th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Publisbed officially in the Telegraph Herald newspaper this 8th day of March, 1985. Mary A. Davis City Clerk It 3/8 Council Member Beurskens moved final adoption of the Ordinance. Special Session, February 25, 1985 Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 10-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 9 1/2-12 THEREOF PROVIDING FOR THE ELIMINATION OF THE OFFICE OF DOCK MANAGER EFFECTIVE JULY 1, 1985, presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Manning. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfetdt, Manning. Nays--None. Council Member Kronfeldt moved tha the rule requiring an Ordinance be read at 3 separate meetings be dispos- ed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bevxskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 10-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 9V2-12 THEREOF PROVIDING FOR THE ELIMINATION OF THE OFFICE OF DOCK MANAGER EFFEC- TIVE JULY 1, 1985.. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 9~- 12 thereof effective July 1, 1985. PASSED, APPROVED AND ADOPTED this 25th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herahi newspaper this 13th day of March, 1985. Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting an Ordinance to redefine the position of Health Officer for the purpose of administering and enforc- ing the provisions of the City Housing Code, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 11-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING THE DEFINITION OF HEALTH OFFICER IN SEC- TION 20-2 THEREOF AND ENAC- TING A NEW DEFINITION OF HEALTH OFFICER IN SECTION 20-2 IN LIEU THEREOF PRO- VIDING FOR A DEFINITION OF HEALTH OFFICER FOR THE PUR- POSE OF ADMINISTERING AND ENFORCING PROVISIONS OF CHAPTER 20, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. 98 Special Session, Febur~ry 25, 1985 Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be read at 3 separate meetings be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues, ncr. Kronfeldt, Manning. Nays--None. ORDINANCE NO. 11-35 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING THE DEFINI- TION OF HEALTH OFFICER IN SECTION 20-2 THEREOF AND ENACTING A NEW DEFINITION OF HEALTH OFFICER IN SEC- TION 20-2 IN LIEU THEREOF PROVIDING FOR A DEFINITION OF HEALTH OFFICER FOR THE PURPOSES OF ADMINISTERING AND ENFORCING PROVISIONS OF CHAPTER 20.. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nantes of the City of Dubuque, Iowa be amended by repealing the definition of Health Officer in Section 20-2 thereof and enacting a new definition of Health Officer in Section 20-2 in ~ieu thereof as follows: "Sec, 20-2. Definitions. Health Officer is the Housing Services Division Manager for the purposes of administering and enforcing the provi- sions of Chapter 20 of the Code of Ordinances of the City of Dubuque, Passed, approved and adopted this 25th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of March, 1985. Mary A. Davis City Clerk It 3/8 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammci, I~ues- ncr, Kronfeldt, Manning. Nays--None. Bud Isenhart addressed the Council and questioned if the adoption of the Capital Improvement Program was proper. Corporation Counsel assured him that it was. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. ADJOURNED 8:30 P.M. Mary A. Davis City Clerk Approved _ Adopted .1985 1985 Mayor Council Members ATTEST: City Clerk Regular Session, March 4, 1985 CITY COUNCIL OFFICIAL Regular Session, March 4, 1985. Council met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Assistant City At- torney Tim O'Brien. Absent--Council Member Klues- ncr Mayor Brady read the call and stated that service thereof had been duly made and this meeting 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 Msgr. Francis Friedl. Pastor St. Columbkille's Church. PROCLAMATIONS--Month of March as "Mental Retardation Month" received by Wm. Schmeichel. March 1 through April 7 as "Easter Seal Week in Dubuque" received by Mary Bigglns. Terry Sullivan, President of Downtown Association advised of a "Discovery Meeting" to be held on March 5, 1985. Jerry Guy of the Durrant Group gave a report on the status and pro- gress of the Dog Track Facility. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing on intention to issue In- dustrial Development Revenue Bonds (Frommelt Partnership Project II) in an amount not to exceed $800,000. presented and read. No written objec- tions were received and or oral objec- tors were present at the public hear- ing. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kron- feldt, Manning. Nays--None. Absent--Council Member Klues- Der Council Member Beurskens moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Ha~nmel, Kron feldt, Manning. Nays--None. Absent--Council Member Klues- ncr RESOLUTION NO. 61-85 Resolution to Proceed with the Is- suance and Sale of Industrial Develop- merit Revenue Bonds, Series 1985 (Frommelt P~rtnership Project II) in an aggregate principal amount not to exceed $800,000 WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer"), is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act"), to issue revenue bonds for the purpose of linan- ting the cost of acquiring, by construc- tion or purchase, land, buildings, im- provements and equipment, or any in- terest therein, suitable for the use of any industry or industries for the manufacturing, processing or assemhi- lng of any agricultural or manufactured products or of any commercla] enter- prise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does inultistate business; and WHEREAS, the Issuer has been re- quested by Pro~mnelt Partnersl~p (the "Company"). an Iowa general partner- sl~ip, to issue its industrial development revenue bonds to finance the Company's acquisition by construction or purchase of an approx~matciy 28,000 square foot building, eqnipment and im- provements suitable for use as a w~rehouse/manufacturing addition of an existing facility to be leased to Frommelt Industries, Inc. (the "Lessee") for the manufacture of loading dock shelters, impact doors, safety eqniprnent (fire resistant fabrics- tions) and other heavy textile products (the "Project") to be located at 4343