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1985 August Council Proceedings396 Council Members ATTEST: City Clerk Special Session, July 15, 1985 Regular Session, August 5, 1985 CITY COUNCIL1- OFFICIAL Regular Session, August 5, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Council Members Deich, Hammel, Kluesner, Kronfeldt, Mann- Lng, Stackis, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahi. Absent--Mayor Brady. Mayor Pro Tern Deich 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 Council Member Manning. PROCLAMATIONS: Week of August 5-11 as "Dubuque County Fair Week" received by County 4-H King and Queen Dave Kelieher & Tarnmy Brehm; Week of August 12th as "Mentally Handicapped Week" received by Joe Oldham. Week of Aug. 11-18 as "Vietnam Veterans Week" received by Walter Davis; Honoring the continuation of "Mississippi River Revival in Dubu- que" received by Michael Breitbach. Petition of Tri-State Veterans Memorial Association, Inc. requesting to lease approx. 2 acres at Marshail Park for Veterans Memorial presented and read. Council Member Manning moved that the petition be received and filed. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Khiesner Kronfoldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of City Manager re- questing Council to review Lease Agreement and to set the matter for Public Hearing on August 19th, presented and read. Council Member Manning moved that the communica- tion be received and filed and Hearing 397 set for Aug. 19, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Second- ed by Council Member Kluesner. Car- cied by the following vote: Yeas--Mayor Peo-Tem Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting an Ordinance establishing Residential Parking District Program and requesting Council set a Public Hearing on said Ordinance, 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 Pro-Tern Deich, Coun- cil Members Hammel, Kluesner, Kronfoldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Petition containing 26 signatures of residents of Alta Vista are requesting Council to establish a residential park- ing permit district in their area, presented and read. Council Member Kronfoldt moved that the petition be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Pro-TemDcich, Coun- cil Mere-hers Hammai. Kluesner, Kron-feldt, Manning, Stackls. Nays--None. Absent--Mayor Brady. An ORDINANCE Amending the Code of Ordinances by enacting a new Division 6 to Chapter 25 comprising Sections 25-350 through 25-362 thereto providing restrictions on park- ing in designated residential district, establishing a Residential Parking Permit Program and providing penalties for violations of the parking permit program, 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 Maturing. Car- tied by the foliowing vote: Yeas--Mayor Pro-Tem Deich, Coun- 398 Regular Session, August 5, 1985 cil Members Hammel, Kluesner Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Council Member Kronfeldt 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 Pro-Tern Delch, Coun- cil Members Hammel, Kluesner Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Council Member Kronfeldt moved that a Public Hearing be held on the Ordinance on August 19, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Pre-Tem Deich, Coun- cll Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting Ordinance regarding eligibility for tax exemption on the proposed reconstruction of the Adams Co. and set matter for Public Hearing, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cfi Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. An ORDINANCE Providing prior approval for eligibility for a Tax Ex- emption on the proposed reconstruc- tion of the Adams Co., presented and read. Council Member Kronfeldt mov- ed that the reading just had be con- sidered the first reading of the Or- dinance, that the rule requiring an Or- dinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispens- ed with and that a Public Hearing be held on the Ordinance on Aug. 19, 1985 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--Mayor Pre-Tern Deich, Coun- cil Members Khiesner, Kronfeldt, Manning, Stackis. Nays--Council Member Hammel. Absent--Mayor Brady. MOTION FAILED DUE TO LACK OF % VOTE. Council Member Kronfeldt moved that the reading just had be con- sidered the first reading of the Or- dinance and that it be set for Public Hearing on Aug. 19, 1985 at 7:30 p.m. in the Public Library Auditorium and tbat the City Clerk publish notice in the manner prescribed by law. Second- ed by Council Member Manning. Car- ried by the following vote: Yeas--Mayor Pro-Tem Deich, Coun- cil Members Kluesner, Kronfeldt, Manning, Stackis. Nays--Council Member Hammel. Absent--Mayor Brady. Petition of Farber Bag & Supply Co. requesting Council to authorize the Mayor or the City Manager to advise the State Office for Planning and Pro- gramming of our understanding of their need to find a relocation facility, presented and read. Council Member Kronfeldt moved that the petition be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting Resolution approving a Funding Agreement for Economic Development Services with the Greater Dubuque Development Cor- poration, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Fro-Tem Deich, Coun- cil Members Hammel, Kluesner, Regular Session, August 5, 1985 399 Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 234-85 A Resolution approving an Agreement for Economic Development Services with the Greater Dubuque Development Corporation for Fiscal Year 1985-1986 and authorizing and directing the Mayor to execute. WHEREAS, the City Council of the City of Dubuque, Iowa desires to maintain an econo~nically viable com- munity by encouraging private sector development which produces jobs for the unemployed and expands job op- portunities for persons of low and moderate income; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that a program of economic develop- ment research and the promotion of economic development opportunities through the provision of services to local business and industry and through the recruitment of new firms to the Dubuque labor market is a necessary element in a program of economic enhancement; and WHEREAS, the Greater Dubuque Development Corporation is composed of representatives of the County of Dubuque, the Dubuque Area In- dustrial Development Corporation, the United Labor Participation Com- mittee, the Chamber of Commerce and the City of Dubuque; and WHEREAS, the City of Dubuque has budgeted and committed certain Community Development Block Grant funds for the support of the objectives and activities noted above; and WHEREAS, the Greater Dubuque Development Corporation by virtue of its experience and other professional qualifications has proposed to enter to an Agreement for the provision of economic development services hereto attached and marked Exhibit "A". NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement for Economic Development Services, hereto attached and marked Exhibit "A " is hereby approved and the Mayor is hereby autt~orized and directed to execute said Agreement. Section 2. That the City Manager be and he is hereby authorized to make such payments to the Greater Dubu- que Development Corporation as are provided for in the aforesaid Agree- ment, in an amount not to exceed $30,000 from Community Development Block Grant funds as provided for in the FY'86 budget, according to the terms and conditions for payment set forth in said Agreement. Passed, adopted and approved this 5th day of August, 1985. Donald E. Deich, Sr., Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cfi Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Council Member Hammel moved that the rules be suspended to allow anyone to address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. proaf of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for the construction of the 1985 Asphalt Paving Project AND Communication of City Manager recommending to award contract for said project with Kane St. to be includ- ed, presented and read. Donna Bartlett, 840 Kane St., questioned how long tr~cks were going to be able to continue use of street. Council Member Kronfeldt moved that the proof and communication be received 40O Regular Session, August 5, 1985 and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tem Deich, Coun- cil Members Hammel, Kluesner, Kronfe]dt, Manning, Stackis. Nays--None. Absent--Mayor Brady. AWARDING CONTRACT RESOLUTION NO. 235-85 WHEREAS, sealed proposals have been submitted by contractors for the 1985 Asphalt Paving Project pursuant to Resolution No. 227-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 18th day of July, 1985. WHEREAS, said sealed proposals were opened and read on the 25th day of July, 1985 and it has been determin- ed that the bid of Tschiggfrie Ex- cavating of Dubuque in the amount of $776,842.88 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 RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to Tschiggfrie Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque 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 5th day of August, 1985. Donald E. Deich Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammal, Khiesner, Kronfaldt, Manning, Staakis. Nays--None. Absent--Mayor Brady. Communication of City Manager recommending accep~nce of Warran- ty Deed for parcel of property acquired from LETNA Properties, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Coun- cfi Member Kronfeldt. Carried by the following vote: Yeas--Mayor ProTein Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayer Brady. RESOLUTION NO. 236-85 WHEREAS, the City of Dubuque, Iowa has acquired the real estate hereinafter described from LETNA Properties, a Wisconsin limited part- nership; and WHEREAS, said persons have delivered a warranty deed conveying real estate to the City of Dubuque, Iowa described as: Lot i of 3 of the NE¼ of the NE¼ of Section 20, Lot I of the SE¼ of the NE¼ of Sec- tion 20, Lot I of I of the NE¼ of the SE¼ of Section 20 Lot 2 of 1 of the NE¼ of the SE¼ of Section 20, and Lot 3 of the SE¼ of the NE¼ of Section 20. all in Township 89 North, Range 2 East, of.the 5th P.M.; and WHEREAS, said delivery of deed dated October 8, 1984 by said corpora- tion to the City of Dubuque, Iowa should be accepted. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque. Iowa: Section 1. That the delivery of the warranty deed by LETNA Properties Regular Session, August 5, 1985 401 dated October8, 1984 conveying to the City of Dubuque, Iowa the hereinabove described real estate, be in the same hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said warranty deed to be record- ed in the Office of the Dubuque County Recorder together with a certified copy of this resolution. Section 3. That the City Clerk be and is hereby directed to forward a eer- tilled copy of the resolution to the Dubuque City Assessor and the Dubu- que County Auditor Passed, adopted and approved this 5th day of August, 1985. Donald E. Deich, Sr. Mayor Pr~-Tem ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Pr~Tem Deich, Coun- cil Members Hammel, Khiesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of City Manager re- questing approval of three minor changes to the second addendum of the Lease between the City of Dubu- que and the Dubuque Racing Assn., Ltd., presented and read. Council Member Kronfeldt moved that the communication be received and filed and addendum changes approved. Seconded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Kluesner. Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting Ordinance to formally record four public areas in the City Code of Ordinances, 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 Pro-Tem Deich, Coun- cil Members Hammel, Kluesner, Kronfaldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 46-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 27-102 and 27-108 THEREOF AND ENACTING SECTIONS 27-102, 27-108 and 27-110 THROUGH 27-113 IN LIEU THEREOF PROVIDING FOR THE DESIGNATION OF CERTAIN CI- TY PARKS, presented and read. Council Member Kluesner 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 Pro-Tern Deich, Coun- cil Members Hammel, Kluesner, Kronfaldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Council Member Khiesner 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 following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammal, Kluesner, Kronfeldt, Manning, S~ackis. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 46-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 27- 102 AND 27-108 THEREOF AND ENACTING SECTIONS 27-102, 27- 108 AND 27-110 THROUGH 27-113 IN LIEU THEREOF PROVIDING FOR THE DESIGNATION OF CERTAIN CITY PARKS VgltEREAS, Sections 27-17 and 27- 18 of the Code of Ordinances of the City of Dubuque, Iowa delegates to the Park and Recreation Commission the responsibility to establish rules and regulations governing the use of all grounds and facilities that have been 402 or may be set aside as public parks, playgrounds and recreation areas; and WHEREAS, there are numerous ayeas within the City that have been dedicated or otherwise set aside by the City of Dubuque for recreation pur- poses; and V~IEREAS, it is in the best interest of the City that all such areas be appropriately described by ordinance and included in the Code of Ordi- nances of the City of Dubuque. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nm~ces of the City of Dubuque, Iowa be amended by repeahng Sections 27- 102 and 27-108 thereof and enacting Sections 27-102, 27-108 and 27-110 through 27-113 in keu thereof as lbl- lows: "Sec. 2q-102. Jefferson Park The following described parcel of real estate is and shall be used for public park purposes and shall be con- tinued to be known, called and named as "Jefferson Park" and placed under the jurisdiction of the Park and Recre- Lots 38, 39, 40 and east 21 feet of Lot 41 of Fm'ley's Subdivision in the City of Dubuque, Iowa. Sec. 27-108. Cleveland Park. The following described parcel of real estate is and shall be used for public pm'k purposes and shall be con- tinued to be known, called and named as "Cleveland Park" and placed under the j~risdiction of the Park and Recre- ation Commission: South two-thirds of City Lot '695 and Lots 35, 36, 37 and east 20 feet of Lot 38 of Union Addition in the City of Dubuque, Iowa. Sec. 27-110. Franklin Delano Roosevelt Park. Thc following described parcel of real estate is and shall be used for public pm'k purposes and shall be con- tinued to be known, called and named as "Fca~klin Delano Roosevelt (FDR) Pm'k" and placed under tile jurisdic- tkm of the Park and Recreation Com- Lot 1 of the west half of thc north- east one-quarter of Section 4, Town- ship 88 north, range 2 cast of fifth p.m. in Dubuque County, Iowa and Mineral Lets 272 and 273, Lot 1 of Mineral Lot 271, Lot I of Mineral Lot 274, and Lot 1 of Mineral Lot 276 in Dubuque Township, Dubuque County, Iowa. Sec. 27-111. Booth Tennis Courts. Regular Session, August 5, 1985 Thc following described parcel of real estate is and shall be used for mblic park purposes and shall be con- tinued to be known, called and named as "Rooth lomas Cour and placed ueder the jurisdiction of the Park and Recreation Commission: South balance of the south park of Lot 2 of Lot 3 of Mineral Lot 158 in the City of Dubuque, Iowa. Sec. 27-112. Hilltop Playground. The following described parcel of real estate is and shall be used for public park purposes and shall be eon- tinued to be known, called and named as Hdltop Playground and placed under the jurisdiction of the Park and Recreation Commission: West one-half of Lot 1 of the south one-tbird of Lots 34 and 35; West 127 feet and 6 inches ot' Lot I of Lot 2 of the south one-third of Lots 34 and 35; West one-liaff of Lot 2 of Lot 2 of the south onc-thffd of Lots 34 and 35; West one-haft of the north one- half of Lot ;36; West one-half of the south one-half of Lot 36; West one- half of Lot 2 of Lot 37; Lot 1 of Lot 1 of Lot 37; Lot 2 of Lot 2 of Lot 1 of Lot 37 all in Kelly's Subdivision in the City of Dubuque, Iowa. Sec. 27-113. Park Tree Farm. The following described par:el of real estate is and shall be continued to be known, called and named as "Park Tree Farm" and placed under the ju~sdiction o1' the Park and Rec- reation Commission: Lots 503 through 515 in Ham's Addi- tion of the City of Dubuque, Io . Passed, approved and adopted this 5th day of August, 1985. Dmmld E. Deich, Sr. Mayor Pro-Tern Aq~PEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of August, 1985. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Pco-Tem Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting Ordinance repealing the Regular Session, August 5, 1985 403 City's inspection program for Slaughter Houses and Meat Packing Plans as provided in the City Code, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed, Seconded by Council Member Kluesner, Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 47-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 16-48 THROUGH 16-66 THEREOF PRO- VIDING FOR THE ELIMINATION OF THE CITY INSPECTION PRO- GRAM OF SLAUGHTER HOUSES AND MEAT PACKING PLANTS, presented and read. Council Member Kronfeldt moved that the reading just had be con- sklered the first reading of the Or- dinance. Seconded by Council Metnber Kluesner. Carried by the following Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent Mayor Brady. Council Member Kronfeldt 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 Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tem Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 47-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 16-48 THROUGH 16-66 THEREOF PRO- VIDING FOR THE ELIMINA- TION OF THE CITY INSPECTION PROGRAM OF SLAUGHTER HOUSES AND MEAT PACKING PLANTS 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 Sections 16- 48 through 16-66 thereo£ Passed, approved and adopted this 5th day of August, 1985. Donald E. Deich, Sr. Mayor Pro-Tern ATTEST: Mary A. Davis City' Clerk Published officially in the Telegraph Herald newspaper this 9th day of August, 1985. Mary A. Davis City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tom Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Petition of ECIA requesting Council to appoint another Council Member to the Dubuque Barge Fleeting Commit- tee, presented and read. Council Member Kluesner moved that the peti- tion be received and filed and Council Member Deich be appointed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Petition of ECIA requesting Council to nominate individuals to serve on Regional Coordinating Council, presented and read, Council Member Kronfeldt mov ed that the petition be received and fried and that each Coun- cil Member nominate three individuals by August 14th. Seconded by Council Stackis. Carried by the following vote: Yeas--Mayor Pro-Tom Deich, Coun- 404 Regular Session, August 5, 1985 cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackla. Nays--None. Absent--Mayor Brady. Council Member Kluesner moved that Council Member Barbara Mann- lng be appointed as the third Council Member to the Racing Assn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Deich, Coun- cil Members Kinesner, Kronfeldt, Manning, Stackis. Nays--Council Member HammeL Absent--Mayor Brady. Council Member Kluesner moved that Harry J. Bernie be reappointed to the Transit Board. Seconded by Coun- cil Member Stackis. Carried by the following vote: Yeas--Mayor Pro-Tem Deinh, Coun- cil Members Hammel, Kinesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Denny Althaus requesting transfer of Beer Permit from 3400 Central Ave. to 25 Ruby St. for period of August let to August 15th, presented and read. Council Member Kluesner moved that the transfer be approved. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 237-85 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 within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Passed, adopted and approved this 5th day of August, 1985. Donald E. Deich, Sr. Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Kinesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 238-85 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. Passed, adopted and approved this 5th day of August, 1985. Donald E. Deich, Sr. Mayor Pre-Tern ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Deich, Coun- cil Members Hammel, Kluesner, Regular Session, August 5, 1985 4O5 Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 239-85 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances 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 appil- cant(s) a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Passed, adopted and approved this 5th day of August, 1985. Donald E, Deich Sr. Mayor Pr(~Tem ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Deich, Coun- cil Members Hammel. Kinesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. MINUTES SUBMITTED: Cable TV Regulatory Comm. of 7-10; Civil Service Comm. of 5-6 and 7-3; Dock Bd. of 7-2; Electrical Examining Bd. of %17; Five Flags Comm. of 7-15; Historic Preservation Comm. of 7-9 & 7-23; Human Rights Conun. of 7-15; Police Retirement System Bd. of 7-17; Pablic Library of 7-16; Transit Trustee Bd. of 7-11; Keyline Earnings State- ment and Stats for month of June, 1985; Park & Recreation Comm. of 7-16; Planning & Zoning Comm. of 7-2 & 7-17; Zoning Bd. of Adjustment of 7-18, presented and read. Council Member Kluesner moved that the minutes be received and filed. Second- ed by Council Member Stackis. Car- ried by the following vote: Yeas--Mayor Pro-Tem Deich, Coun- cil Members Hammel, Kinesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. NOTICES OF CLAIMS AND SUITS: Harold R. Albrecht in amount of $90 for hacked-up sewer damages; Robert & Linda Becker in amount of $25,000 for personal injuries; Patrick T. Casey in unknown amount for per- sonal injuries; Gerald J. Fluhr, in unknown amount for personal injuries; Bertha W. Langman in amount for $28,000 for personal injuries; Lonny Paul in unknown amount for personal injuries; Ronald O. & Patricia Schnee in amount of $40,000 for personal in- juries, presented and read. Council Member Kinesner moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Pro-Tern Delch, Coun- cil Members Hammei, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of Corporation Counsel advising jury returned a ver- dict in favor of the City regarding Lllllan Yager vs. City of Dubuque, presented and read. Council Member Khiesner moved that the communica- tion be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coum cil Members Hammel, Kinesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of Corporation Counsel recommending denials of Police-towed car claim o:[ Norman 406 Regular Session, August 5, 1985 Furry; Local No. 234 against River Ci- ty Paving and Property damage claim of Mr. and Mrs. Paul Loes, presented and read. Council Member Klueaner moved that the conununications be received and filed and denials approv- ed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Pc~Tem Deich, Coun- cil Members Hamrnel, Klueaner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Communication of Dubuque County Institutional Accounts submitting three petitions for suspension of Real Estate Taxes and requesting approval (Ruth Bradley, Arnold and Elizabeth Kennicker and Arnold & Edythe Faust), presented and read. Council Member Kluesner moved that the communicatkin be received and filed and petitions approved. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Pro-Tem Deich, Coun- cil Members Hammel, Kluesne~ Kronfeldt, Manning, Stackis. Nays--None. Absant--Mayor Brady. REFUNDS REQUESTED: James E. Bauer, $422.50 on unexpired Liquor Licenses; James E. Bauer St00 on unused Cigarette License; Mary Richardson, $75.00 on unexpired Cigarette License, presented and read. Council Member Kluesner moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Pr~-Tem Deich, Coun- nil Members Hammel, Kronfeldt, Manning, Stackls. Nays--None. Absent--Mayor Brady. Jack Jones & Sons Excavating, Inc. requesting premisskin to excavate in the street at 1391 W. 3rd St. to repair a broken water service (approved by City Engr~), presented and read. Coun- cil Member Kluesner moved that the request for excavation be approved. Seconded by Council Member Stackis. Carried by tbe following vote: Yeas--Mayor Pro-Tern Deich, Coun- cji Members Harnmel, Khiesner, Kronfeldt, Manning. Stackls. Nays--None. Absent--Mayor Brady. Petition of Joyce Ahmann, 840 Davis St., requesting removal of "No Parking" signs on the north side of Davis St. in the 800 block, presented and read. Council Member Kluesner moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Stackls. Carried by the following vote: Yeas--Mayor Pr~-Tem Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. City Manager submitting Financial Reports for the month of June, 1985, and read. Council Member Kluesner moved that the reports be received and filed. Seconded by Coun- cil Member Staelds. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Jack Iacobucel objecting to rezoning proposals for the 3400 Block of Asbury Road, presanted and read. Council Member Kluesner moved that the objection be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Harnmel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Iowa State Historical Dept. advis- lng that the proposed Jackson park Historic District will be reviewed for National Register of Historic places eligibility by the State National Register Nominations Review Com- mittee at their meeting on August 20, presented and read. Council Member Kluesner moved that the notice be received and filed. Seconded by Coun- cll Member Stackis. Carried by the following vote: Yeas--Mayor Pro-Tern Delch. Coun- Regular Session, August 5, 1985 407 cil Members Hammel, Kluesner Kronfeldt, Manning, Stackls. Nays--None. Absent--Mayor Brady. John Shulan, Manager Jacobson's Inc., requesting consideration to sell 18th St. along the Eagles Bldg. at Eln~ St. along with a Lease for the vacated rail property behind the building bet~ ween 18th and 19th Ste., presented and read. Council Member Khiesner moved that the request be referred to the City Manager. Seconded by Coun- ell Member Stackis. Carried by the following vote: Yeas--Mayor Pr~-Tem Delch, Coun- cil Members Hammel, Khiesner Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. 8:32 P.M. Council Member Kronfeldt moved to go into Closed Session in accordance with Chapter 21.5 (lc) to discuss strategy with Council where litigation is immhient. Seconded by Council Member Mann- lng. Carried by the following vote: .Yeas--Mayor Pro-Tem Deich, Coun- cil Members Hammel, Kluesner Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. 8:59 P.M. Council reconvened. City Manager Gearhart advised that the 911 Emergency number would be ki effect for City residents on Sept. 9. 1985. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cji Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. Meeting adjourned at 9:05 P.M. Mary A. Davis City Clerk Approved. Adopted __1985 1985 Mayor Council Members ATTEST: City Clerk 409 Regular Session, August 5, 1985 Special Session, August 11, 1985 409 CITY COUNCIL OFFICIAL Special Session, August 11, 1985. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Council Members Deich Hammel, Kluesner, Kronfeldt, Mann- lng, Stackis, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Mayor Brady. Mayor Pro-Tern Deich read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to CONDUCT A CLOSED SESSION IN ACCOR- DANCE WITH CHAPTER 21.5 (lc) 1985 CODE OF IOWA TO DISCUSS STRATEGY WITH COUNSEL WHERE LITIGATION IS IMMI- NENT. LET THE RECORD SHOW THAT THIS MEETING IS CALLED AS AN EMERGENCY MEETING DUE TO OCCURENCE WHICH TOOK PLACE LATER THIS WEEK AND REQUIRED ACTION BE TAKEN BEFORE TOMORROW (MONDAY AUGUST 12th). 7:30 p.m. Council Member Kronfeldt moved to go into Closed Session, in ac- cordance with Chapter 21.5 (lc) 1985 Code of Iowa to discuss strategy with Counsel where litigation is imminent. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cil Members Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Absent--Mayor Brady. 8:12 p.m. Council reconvened. Mayor Pro-Tern Deich stated that Legal Counsel had been given direc- tion on matter(s) where litigation is im- mlnent. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Deich, Coun- cfi Members Hammel, Kluesner, Kronfeldt, Manning. Stackis. Nays--None. Absent--Mayor Brady. Mary A. Davis City Clerk Approved __ Adopted __1985 __1985 Mayor Council Members ATTEST: City Clerk 410 Special Session, August 11, 1985 Special Session, August 19, 1985 411 COUNCIL OFFICIAL Special Session, August 19, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. present--Mayor Brady, Council Deich, Hammel. Kluesner, ~ronfeldt, Stackis, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Manning. 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 LEASE AGREEMENT BETWEEN THE CITY AND THE TRI-STATE VETERANS MEMORIAL ASSOCIATION, INC. and acting upon such business which may proper- ly come before the Council. The invocation was given by Rev. Robert Pleiness. Pastor of Bible Bap- tist Church. Council Member Kluesner moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Mann/ng. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider a Lease Agree- ment between the City and Tri-State Veterans Memorial Association, Inc. to lease approximately two acres of land in Marshall Park, presented and r~ad. There were no written objections received and no oral objectors present at the time of the Hearing. Harold Meloy requested favorable considera- tion. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 240-85 Authorizing the Execution of a Lease by and between the City of Dubuque and Tri-State Veterans Memorial Association, Inc. WHEREAS, pursuant to published notice of time and place of hearing. published in the Telegraph Herald, a newspaper of general circulation, published on August 9, 1985, in the Ci- ty of Dubuque, Iowa. the City Council of the City of Dubuque, Iowa, inet on the 19th day of August, 1985, in the Carnegie-Stout Public Library auditorium, Dubuque, Iowa, at 7:30 o'clock p.m., Central Daylight Time, to consider the proposal of entering into a Lease Agreement by and between the CITY OF DUBUQUE, IOWA, as Lessor, and the TRI-STATE VETERANS MEMORIAL ASSOCIATION, INC., a non-profit corporation of Iowa, as Lessee, cover- lng city owned real estate described as: A parcel of land located in the southwest quarter of the southwest quarter of section ten (10), T89N, range two (2) east, as shown on Ex- hibit A herewith (slightly more or less that 1.76 acres). located in Marshall Park situated in Dubuque County, Iowa, and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral and written, to the proposal to grant said Lease Agreement under the terms and condi- tions of said Lease Agreement set out therein; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal to enter into a Lease Agreement by and bet- ween the CITY OF DUBUQUE, IOWA, as Lessor, and the TRI- STATE VETERANS MEMORIAL ASSOCIATION, INC., a non-profit corporation of the State of Iowa, as Lessee, covering the hereinabove described real estate be and the same is hereby approved under the terms and conditions of said Lease Agreement, a copy of which is hereto attached and made a part hereof by reference. Special Session, August 19, 1985 413 412 Special Session, Au ust 19, 1985 Section 2. That the Mayor~ Seconded by Council Member Kron- Clerk be and they are hereby authoriz- ~ feldt. Vote on the motion was as ed and directed to execute said Lease follows: Agreement for and on behalf of the Ci- ty of Dubuque, Iowa. Section 3. That the City Clerk be and she is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder and the office of the City Assessor Passed, adopted and approved this 19th day of August, 1985. James E~ Brady Mayor ATTEST: Mary A. Davis 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 Deich, Hummel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Proof of publication, certified to by the publisher, on Notice of Public Hearing to consider an Ordinance regarding a Tax Exemption for the Adams Co., presented and read. There were no written objections received at the time of the Hearing. Mr. Allen Carew, Attorney for the Adams Co., requested the second reading of this Ordinance. Council Member Kinesner moved that the proof of publication be received and filed. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kinesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. An ORDINANCE Providing prior approval for eligibility for a Tax Ex- emptlon on the proposed reconstruc- tion of the Adams Co., said Ordinance having been presented and read at the Council Meeting of August 5th, presented for further action. Council Member Kluesner moved that the rule be waived requiring an Ordinance to be read at three separate meetings and final adoption of the Ordinance, Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Kroninldt. Nays--Council Members Hummel, Stackis. Absent--Council Member Manning. VIOTION FAILED DUE TO LACK OF % VOTE. Council Member Kluesner moved that the reading just had be the se- cond reading of the Ordinance. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Ha~nmel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Mendier Manning. Communciatinn of City Manager submitting reply to Tax Exemption questions of Council Member Stackis, presented and read. Council Member Kluesner moved that the conununica- tion be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hanunel, Kinesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance pro- viding for the establishment of Residential Parking Permit District, AND Communication of City Manager reconunending several changes to Or- dinance regarding Residential Parking Permit District, presented and read. Council Member Kronfeldt moved that the proof and communication be received and filed. Seconded by Coun- cil Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Robert Menster, Harold Hoppman, Bob Fisch, Melvin Reynolds, Tom Bell and Ken Evers all spoke to the proposed Ordinance. An ORDINANCE Amending the Code of Ordinances by enacting a new Division 6 to Chapter 25 comprising of Sections 25-350 through 25-362 thereto providing restrictions on park- ing in designated residential districts, establishing a residential Parking Per- ~nit Program and providing penalties for violations of the Parking Permit Program, said Ordinance having been presented and read at the Council Meeting of August 5, 1985, presented for further action. Council Member Kronfeldt moved that this Ordinance be referred back to the Staff. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager submitting bidding procedures for the reconstruction of the Murphy Park Tennis Courts, presented and read. Council Member Kinesner moved that the communication be received and fil- ed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 241-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the Reconstruction of Murphy Park Tennis Court in the estimated amount of $52,420.75, are hereby ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kinesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION No. 242-85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion of the Reconstruction of Murphy Park Tennis Court. NOW, THEREFORE, BE IT RE- SOLVED that on the 16th day of September, 1985, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time in- terested persons may appear and be heard for or against the proposed plans and specifications, form of con- tract 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 circula- 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 consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, con- tract, or estimated cost of the im- provement. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kkiesner moved 414 Special Session, August 19, 1985 adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDERING BIDS RESOLUTION NO. 243-85 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Reconstruction of Murphy Park Tennis Court is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 5th day of September, 1985. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 16th day of September, 1985. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kron- feidt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager submitting bidding procedures for the construction of the parking Lot at Chaplain Schmitt Memorial Island, Park and Recreation Complex, presented and read. Council Member Khiesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Deich, Hammel, Kinesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 244-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE. IOWA: That the proposed plans, specifica~ tions, form of contract and estimated cost for the Chaplain Schmltt Memorial Is]and, Park and Recreation Complex Parking Lot, in the estimated amount of $70,210.35, are hereby ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 19th day of August. 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Khiesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 245-85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its Special Session, August 19, 1985 415 preliminary approval on the proposed plans, specificatinns, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion of the Chaplain Schmitt Memorial Island, Park and Recreation Complex Parking Lot. NOW, THEREFORE, BE IT RESOLVED that on the 3rd day of September, 1985, a public hearing will be held at 7:30 p.m. in the Publi~ Library Auditorium at which time in- terested persons may appear and be heard for or against the proposed plans and specifications, form of con- tract 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 circula- 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 consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, con- tract, or estimated cost of the im- provement. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kvonfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammei, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDERING BIDS RESOLUTION NO. 246-85 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Chaplain Schmitt Memorial Island, Park and Recreation Complex Parking Lot is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 27th day of August, 1985. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. p.m. on the 3rd day of September, 1985. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis 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 Deich, Hammel, Kluesner, Kvon- feidt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager submitting bidding procedures for the repairs and sealcoating of the Veterans Memorial Parking Lot, presented and read. Council Member Khiesner moved that the communica- tion be received and filed. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hammel. Kluesner, Kron- feldt. Stackis. Nays--None. Absent--Council Member Manning. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 416 Special Session, August 19, 1985 RESOLUTION NO. 247-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the Veteran's Memorial park- ing Lot Sealcoating, in the estimated amount of $32,654.37, are hereby ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis 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 Deich, Hammel. Kinesner, Kron- faldt, Stackis. Nays--None. Absent--Council Member Manning. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 248-85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion of the Veteran's Memorial Park- Lng Lot Sealcoat'mg. NOW, THEREFORE, BE IT RESOLVED that on the 3rd day of September. 1985, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time in- terested persons may appear and be heard for or against the proposed plans and specifications, form of con- tract 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 circula- 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 consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, con- tract, or estimated cost of the im- provement. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis 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 Deich, Hammal, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDERING BIDS RESOLUTION NO. 249-85 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Veteran's Memorial Park- ing Lot Seaicoating is hereby ordered to be advertised for bids for construc- tion. BE IT FURTHER RESOLVED, that tbe amount of the security to ac- company each bid shail be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part Of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 27th day of August, 1985. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 3rd day of September, 1985. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor Special Session, August 19, 1985 417 ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconde~ by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner. Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager re- questing a Public Hearing be set for the vacation of East 18th St. from Elm St. to Pine St. and Leasing of Pine St. from 18th to 19th St., as requested by John Shulan, Mgr. of Jacobsen's, Inc., presented and read. Council Member Kronfeldt moved that the communication be received and filed and Hearing for lease scheduled for Sept. 3, 1985. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. An ORDINANCE Vacating East 18th Street from Elm St. to Pine St. and conveying same to Jacobsen's, Inc., upon payment of $24,640 together with publication and filing fees, presented and read. Council Member Kronfeldt moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Council Member Kronfeldt 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 Councli Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None., Absent--Council Member Manning. Council Member Kronfeldt moved that a Public Hearing be held on the Ordinance on September 3, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib- ed by law. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammal, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Petition of Steve Launspach of Jaycees requesting to address the Council concerning the Plazafest Pro- ject, presented and read. Council Member Kronfeldt moved that the petition be received and filed and re- quest denied to raise the limit of the number of beers customers could pur- chase. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Harmnel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Petition of Dane E. Smith re- questing an update of the progress of the A.C.A. Study, presented and read. Arnie Honkamp gave an update of the Study, stating the names of the in- dividuals in the group. Council Member Kronfeldt moved that the petition be received and filed. Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas Mayor Brady, Council Men~ bets Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager re- questing execution of a Grant Closeout Agreement for the FDL Foods, Inc. UDAG Project, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Coun- cil Member Kronfeldt. Carried by the 418 Special Session, August 19, 1985 following vote: Yeas--Mayor Brady, Council Mem- hers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 250-85 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT CLOSEOUT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE FDL FOOD, INC. URBAN DEVELOPMENT ACTION GRANT PROJECT. WHEREAS, under provisions of Ti- tle I of the Housing and Development Act of 1974, as amended, the City of Dubuque has received an Urban Development Action Grant identified as Grant No. B-81-AA-19-0016 (4) from the Department of Housing and Urban Development to assist the FDL Foods Inc. Plant Renovation and Purchase of Capital Equipment Project; and WHEREAS, the City of Dubuque and FDL Foods, Inc. have undertaken and completed activities as contained in the project budget; and WHEREAS, the City of Dubqque now desires to enter final settlement and conclusion of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Cioseout Agreement authorized by the U.S. Department of Housing and Urban Development on August 7, 1985, a copy of which is attached hereto and made a part hereof, is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Grant Cioseout Agreement on behalf of the City of Dubuque. Section 3. That the Ciiy Manager be and he is hereby authorized and directed to submit the executed Grant Closeout Agreement to the U.S. Department of Housing and Urban Development. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis 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 Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager submitting Resolution allowing subor- dination of the City's interest in a Housing Rehabilitation Loan, presented and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Khiesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 251-85 RESOLUTION APPROVING CHANGE IN MORTGAGE POSI- TION OF A CERTAIN REAL ESTATE MORTGAGE. WHEREAS, the City of Dubuque holds interest in real estate owned by Rodney and Marilyn Cooper at 586-590 Arlington Street, Dubuque, Iowa, as a result of a Housing Rehabilitation Loan executed July 13, 1983 and recorded as Instrmnent No. 5191-83 on July 20, 1983; and WHEREAS, said instrument should be p~d off if any changes in terms and conditions occurs; and WHEREAS, the owners have re- quested that they be allowed to subor- dinate the City's interest in the above described property so that Dubuque Bank and Trust may record a first mortgage in the amount of $22,500. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY Special Session, August 19, 1985 419 COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council finds that approval of the proposed refinancing agreement would not change the interest of the City loan as long as the proposed first mortgage in- itlal balance does not exceed the pre- sent balance of $20,906.26; and Section 2. That the City Council ap- proves the subordination of the hous- lng rehabilitation loan with an outstanding balance of $16,308.51, to a proposed first mortgage by Dubuque Bank & Trust Company in an initial amount not to exceed $20,906.26 pro- vided that all the previous terms of the City note and mortgage remain in el- feet. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the followh~g vote: Yeas--Mayor Brady, Council Mem- bers Deich, HammeI, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of ECIA Executive Director submitting Resolution in sup- port of the US 61 Four Lane Highway north of DeWitt project, presented and read. Council Member Deich mov- ed that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hammel, Kinesner, Kron- feidt, Stackis. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 252-85 SUPPORTING THE USE OF RISE FUNDS TO FINANCE U,S. HIGHWAY 61 FOUR-LANE PRO- JECT WHEREAS, Chapter 351 of the Code of Iowa establishes and funds "Revitalize Iowa's Sound Economic" fund to be used in the establishment, construction, improvement and maintenance of roads and streets which promote economic development in the State; and WHEREAS, U.S. 61 Association, comprised of Clinton, Dubuque and Jackson Counties and the cities located therein, have determined that construction of a four-lane highway from DeWitt to Dubuque is a high priority project essential to the economic growth of the area represented by U.S. 61 Association. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby strongly supports the concept of U.S. Highway 61 as a fou~lane road and urges the lowa Department of T~nsportation to use RISE funds to finance the project from DeWitt to Dubuque. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Ha~nmel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager re- questing authority for the Mayor to execute a "Landlords Waiver of Lien" in connection with the sign at Dubu- que Greyhound Park, presented and read. Council Member Kluesner moved that the communication be received and f0ed and Mayor authorized to ex- ecute. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- 42O Special Session, August 19, 1985 bets Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning, Communication of City Manager submitting necessary Ordinances to name the roadway under construction in the Recreation Complex as Admiral Sheehy Drive, naming the roadway fronting Greyhound Park as Greyhound Park Drive and to impose a speed limit for that area, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Coun- ciI Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 48-85 AN ORDINANCE NAMING THE MAJOR PUBLIC STREET TRAVERSING THE RECREA- TIONAL AREA ON THE CHAPLAIN SCHMITT MEMORIAL ISLAND AS ADMIRAL SHEEHY DRIVE, presented and read. Council Member Kluesner 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 vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis; Nays--None. Absent--Council Member Manning. ORDINANCE NO. 48-85 AN ORDINANCE NAMING THE MAJOR PUBLIC STREET TRA- VERSING THE RECREATIONAL AREA ON CHAPLAIN SCHMITT MEMORIAL ISLAND AS ADMI- RAL SHEEHY DRIVE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the name of the public street extending southerly from U.S. Highway 61-151 and traversing tbrough the recreational area on the south side of Chaplain Schmitt Memo- rial Island and extending along the easterly side of the Island to the con- servation area, be and the same is hereby named Admiral Sheeby Drive. Section 2. That the City Clerk be and is hereby authorized and directed to record a certified copy of this ordi- nance in the Offices of the County Recorder and County Auditor of Dubuque County, IA. Passed, approved and adopted tiffs 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of August, 1985. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Delcb, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 49-85 AN ORDINANCE NAMING THE PUBLIC STREET FRONTING DUBUQUE GREYHOUND PARK AS GREYHOUND PARK DRIVE, presented and read. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the Or- Special Session, August 19, 1985 421 dinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. 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 token, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackls. Nays--None. Absent--Council Member Manning. ORDINANCE NO, 49-85 AN ORDINANCE NAMING THE PUBLIC STREET FRONTING DUBUQUE GREYHOUND PARK AS GREYHOUND PARK DRIVE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the name of the public street extending northerly from U.S. Highway 61-151 and traversing the southerly side of the greyhound parking lot located on Chaplain Schmitt Memorial Island, be and the stone is hereby named Greyhound Park Section 2. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Ordi- nance in the Offices of the County Recorder and County Auditor of Dubuque County, IA. Passed, approved and adopted this 19th day of August, 1985. James E. Brady Mayor ATTEST: M0xy A. Davis City Clerk Publisbed officially in the Telegraph Herald newspaper this 23rd day of August, 1985. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Delch, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 59-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING ADMIRAL SHEEHY DRIVE AND GREYHOUND PARK DRIVE TO SUBSECTION (c) OF SECTION 25-220 THEREOF PRO- VIDING FOR THE ESTABLISH- MENT OF A TWENTY-FIVE t25) MILES PER HOUR SPEED LIMIT ON ADMIRAL SHEEHY DRIVE AND GREYHOUND PARK DRIVE, presented and read. Council Member K]uesner moved that the reading just had be con- sidered the first reading of the Or- dlnance. Seconded by Council Member Kronfeldt. Carried by the fdi]owing vote: Yeas--Mayor Brady, Council Me~n- bets Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Council Member K]uesner 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 following vote: Yeas Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDINANCE NO 50-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF 422 Special Session, August 19, 1985 THE CITY or DUB1JQU~, IOWA BY ADDING ADMIRAL SHEEttY DRIVE AND GREYHOUND PARK DRIVE TO SUBSECTION lc) OF SECTION 25-22O THEREOF PROVIDING FOR THE ESTAB- LISHMENT OF A TWENTY-FIVE (25) MILES PER HOUR SPEED LIMIT ON ADMIRAL SHEEHY DRIVE AND GREYHOUND PARK DRIVE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by adding Admiral Sheehy Drive and Greyhound Park Drive to Subsection (c) of Section 220 thereof, as follows: "Sec. 25-220. Limits Generally. tct Twenty Five Miles Per ltour Admiral Sheehy Drive, U.S. High- way 61-151 to its terminus Greyhound Park Drive, U.S. High- way 61-151 to its terminus." Passed, approved and adopted this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of August, 1985 Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfeld~. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 51-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING ADMIRAL SHEEHY DRIVE AND GREYHOUND p~RK DRIVE TO SUBSECTION (d) OF SECTION 25-257 THEREOF PRO- VIDING FOR THE PROHIBITING OF PARKING ON ADMIRAL SHEEHY DRIVE AND GREYHOUND PARK DRIVE, presented and read. Council Member Kluesner moved that the reading just had be con- the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hanunel, Kinesner, Kron- feldt, Stackis. Nays--None. ~.bsent--Council Member Manning. 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kinesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 51-85 ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING ADMIRAL SHEEHY DRIVE AND GREYHOUND PARK DRIVE TO SUBSECTION (d) OF SECTION 25-257 THEREOF PROVIDING FOR THE pROHIB- ITING OF PARKING ON ADMI- RAL SHEEHY DRIVE AND GREYHOUND PARK DRIVE 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 adding Adndral Sheehy Drive and Greyhound Park Drive to Subsection (d) of Section 25-257 thereof as follows: "Sec. 25-257. Prohibited or Desig- nated Streets or Portions Thereof, (d) No_parking-at-any-time zones designated Special Session, August 19, 1985 423 Admiral Sheehy Drive, both sides, from U.S. Highway 61-151 to its ter- Greyhound Pm'k Drive, both sides, fi'om U.S. Highway 61-151 to its ter- Pa~sed, approved and adopted tlds 19th day of August, 1985. dames E. Brady Mayor AqWEST: Mary A. Davis City Clerk Published officially in the Telega'aph Herald newspaper this 23rd day of August, 1985. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 52-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING GREYHOUND PARK DRIVE TO SUBSECTION lb) OF SECTION 25-210 THEREOF PRO- VIDING FOR THE DESIGNATION OF STOP SIGNS AT THE IN- TERSECTIONS OF ADMIRAL SHEEHY DRIVE AND U.S. HIGHWAY 61-151 AND GREYHOUND PARK DRIVE AND U.S. HIGHWAY 61-151, presented and read. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the folinwing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Council Member Kluesner moved hat the rule requiring an Ordinance to be presented ~md read at two meetings )rinr to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfe]dt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis, Nays--None. Absent--Council Member Manning. ORDINANCE NO. 52-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING GREYHOUND PARK DRIVE TO SUBSECTION lb) OF SECTION 25-210 THEREOF PROVIDING FOR THE DESIG- NATION OF STOP SIGNS AT THE INTERSECTION OF ADMIRAL SHEEHY DRIVE AND U.S. HIGHWAY 61-151 AND GREYHOUND PARK DRIVE AND U.S. HIGHWAY 61-151 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by adding Greyhound Park [hqve to Subsection lb) of Sec- tkm 25~210 thereof as follows: "Sec. 25-210, Stop Intersections. lb) NORTHBOUND Admiral Sheehy and U.S. Highway 61-151 SOUTHBOUND Greyhound Park Drive and U.S. Highway 61-151." Passed, approved and adopted 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of Au~,mst, 1985 Mary A. Davis City Clerk 424 Special Session, August 19, 1985 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bets Deich, Hammel, Kluesner. Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending removal of the "No Parking" signs on the north side of the street between Windsor Avenue and Sheridan Road, presented and read. Council Member Deich moved that the communication be received and fib ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackls. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 53-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. BY REVISING SECTION 25-257(d) PRO- VIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE q~IEREOF, NO PERSON SHALL AT ANY TIME, PARK A VEHICLE UPON ANY OF THE FOLLOWING DESCRIBED STREETS OR PARTS OF STREETS, presented and read. Council Member Deich moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kronfeldt. Car- fled by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None, Absent--Council Member Manning. Council Member Deich 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 following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kron- feldt. Stackis. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 53.85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SECTION 25-257(d) PROVIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF, NO PERSON SHALL, AT ANY TIME, PARK A VEHI- CLE UPON ANY OF THE FOL- LOWING DESCRIBED STREETS OR PARTS OF STREETS NOW, THEREFORE, BE IT ORDAINED by the City Council of tt~e City of Dubuque, Iowa: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa is hereby amended by deleting the roi- lowing subsection of Section 25-257(d) thereof, as follows: "Sec. 25-257. Prohibited or Desig- nated Streets or Portions Thereof. (d) Davis Street, both sides, from a point 630 feet east of Windsor Avenue to the entrance of Mount Calvary Cemetery; north side, fi'om Windsor Avenue to Sheridan Road." Section 2. That the Code of Or(fi- nances of the City of Dubuque, Iowa is hereby amended by adding a new subsection to Section 25-257(d) thereof, as follows: Sec, 25-257. Prohibited or Desig- natod Streets or Portions Thereof. (d) Davis Street, both sides, from a point 630 feet east of Windsor Avenue to the entrance of Mount Calvary Section 3. That all ordinances or pm'ts of ordinances in conflict with this ordinance are hereby repealed. PASSED, APPROVED AND ADOPTED this 19th day of August 1985. Ja~nes E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of August, 1985. Mary A. Davis City Clerk Special Session, August 19, 1985 425 Council Member Deich moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried bY the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager re- questing authority to enter into an amended Agreement with L & H per- taining to Hotel Feasibi]ity Study needed for UDAG application in an amount not to exceed $10,000, presented and read. Council Member Kronfeldt moved that the communication be received and filed and authorized Agreement. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Mem bets Deich, Hammel, Kluesner, Kron-feldt. Nays Mayor Brady, Council Member Stackis. Absent--Council Member Mannhig. ECIA requesting nominations ot in- dividuals to serve on Regional Coor- dinating Council, presented and read. Council Member Kronfeldt moved that the matter be tabled until tentative ap- proval with the names representing the governmental portion. Seconded by Council Member Stackis. Carried by tile following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kron- feldt. Stackis. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 253-85 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Me~nber Deich moved adop- tion of the Resolution, Seconded by Council Member Stackis. Carried by the followhig vote: Yeas--Mayor Brady, Council Mem- bers Ddich, Hammel, Kluesner, Krom feldt, Stackis. Nays None. Absent--Council Member Manning. RESOLUTION NO. 2~-85 WHEREAS, AppHca~ons for Li- quor Licenses have been submitted to this Council forapprovaland 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 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 Iolhiwlng named ap- plicants a Liquor License. CLASS"C"ICOMMERCIA~ BEER AND LIQUOR LICENSE ALLA K ZAZZ, INC. 426 Special Session, Au CLASS "W' WINE PERMIT Rainbo Oil Co. (Also Sund~y Sales~ KWIKSTOP Food Mart 22~q Ualver sity Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- faidt, Stackis. Nays--None. Absent--Council Member Manning. The Brewing Co. requesting to transfer their Liquor License from 951 Main St. to 7th and Town Clock plaza on August 29, presented and read. Council Member Deich moved to ap- prove the transfer. Seconded by Coon- cil Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Daich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ust 19, 1985 MINUTES SUBMITTED: Airport Comm. of 7-29 & 8-5; Cable Communi- ty Taleprogramming Conun. of 8-6; Plumbing Bd. of 7-30, presented and mad. Council Member Kluesner moved that the minutes be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Daich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Chamber of Commerce submitting Budget Session update regarding Con- vention and Visitors Bureau, presented and read. Council Member Klueaner moved that the report be received and filed. Seconded by Coun- cil Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Daich, Hammel, Khiesner, Kron- faldt, Stackis. Nays--None. Absent--Council Member Manning. Iowa DOT advising of holding a Design Public Hearing on August 28th on proposed relocation of U.S. 61 and U.S. 151 at Washington Junior High School at 7:00 p.m, presented and read. Council Member Khieaner moved that the notice be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammai, Khiesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. NOTICES OF CLAIMS AND SUITS: Mr. and Mrs. Noesgen in est. ~mount of $581.63 for backed up sewer damages; Viv~an White in unknown amt. for personal injuries; Notice of claim under Ia. Municipal Torts Claims Act by Linda M. Kisting et al; Matter of condemnation by Alice Erschen for damages sustained as a result of condemnation; Judith C. Bakey in amount of $264.30 for car damages, presented and read. Council Member Kluesner moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Stackls. Carried by the fofiowing vote: Special Session, August 19, 1985 427 Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kron- feldt, Stackis. N~ys--None. Abeent--Counail Member Manning. Corporation Counsd advising deci- sion was filed in favor of the City by the Court of Appeals regarding Bird Chevrolet et al vs. City of Dubuque (JFK Road), presented and read. Coun- cil Member Kluesner moved that the communication be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Daich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of Corporation Counsel recommending settlement in amount of $82.63 for property damage claim of Cyril W. Oswald, presented and read. Council Member Kluesner moved that the communication be received and filed and settlement ap- proved with Finance Director to issue the proper check. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communications of Corporation Counsel recommending denial of following claims: Property damage claim of Daniel R. Avenarius; property damage claim of Larry T. Herrig; Per- sonal injury and property damage claim of Robert & Mary Miiler; Per- sonal injury claim of Sister Mary Jean Murphy, presented and read. Council Member Kluesner moved that the communications be received and filed and deniais approved. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Proof of publication, certified to by the publisher, for list of claims for month of June, 1985, presented and read. Council Member Kluesner moved that the proof be received and filed. Seconded by Council Member Stackis. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Khiesner, Kron- feldt, St~ckis. Nays--None. Absent--Council Member Manning. Petition of Dubuque County Historical Society requesting to con- duct a Fireworks Display on September 1, 1985, presented and read. Council Member Khiesner moved that tho petition be approved and mat- ter referred to the City Manager for implementation. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Khiesner, Kron- feldt, St ackls. Nays--None. Absent--Council Member Manning. Francis E. Chesilk submitting his resignation as Cable Teleprogramming Commissioner, presented and read. Council Member Kluesner moved that the cormnunication be received and fil- ed and resignation accepted with regret. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- faldt, Stackis. Nays--None. Absent--Council Member Manning. REFUNDS REQUESTED: Clara L. Johnson, Dan Bauer & Jerry Robin- son, ail requesting $75 on unexpired Cigarette Licenses, presented and read. Council Member Kluesner moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Daich, Hammel, Khiesner, Kron- faidt, Stackis. Nays--None. Absent--Council Member Manning. Petition of Mrs. Lyle Dewey et al (containing 9 signatures) requesting Special Session, August 19,1985 429 428 re-installation of the stree~ 2200 block of North Grandview Ave.. presented and read. Council Member I~luesner moved that the petition be referred to the City Manager and staff. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Klueaner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending denial of request of Ellen Neese for the closing of Iowa St. between llth and 14th Streets during Farmer's Market hours, presented and read. Council Member Kineaner moved that the communication be received and filed and denial approved. Second- ed by Council Member Stackls. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel. Klueaner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Special Session, August 19, 1985 John E. Hess Civil Service Commission ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved that the above certification be made a matter of record. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hanunel, Kinesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending acceptance of Dubuque Racing Facility Contract A-3 Precast Concrete with Price Brothers- Midwest, Inc., presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hummel, Kluesner, Kron- faldt, Stackis. Nays--None. Absent--Council Member Manning. Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1985 Code of Iowa, the Civil Service Commission conducted written exams for the position of ENVIRONMEN- TAL SANITARIAN on Tuesday, August 6, 1985. We hereby certify that the following have successfully passed the exam and direct that appointment be made from this list. Bohlke, Eugne A. Kunkel, David L. Gonyier. James E. Paul. Charles R. Swar tz, l~onald S. Corrigan. Mary Rose A second list is being held in abeyance if needed. Respectfully submitted, Gerald J. Koppes Chairperson Dolores A. Reihle ACCEPTING IMPROVEMENT RESOLUTION NO. 255-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract A-3 Precast Concrete with Price Brothers-Midwest, Inc. has been com- pleted and the City Manager has ex- amined the work and filed his cer- tificate stating that the same has bean completed according to the terms of tbe contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel. Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. FINAL ESTIMATE RESOLUTION NO. 256-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract A-3 Precast Concrete with Price Brothers-Midwest, Inc. has been com- pleted and the architect/engineering firm of Durrant Group Inc. has sub- mitted its final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said ira- provement is hereby determined to be $525,944.16 and that said amount shall be paid from the General Obligation Bonds of the City of Dubuque, Iow~ Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Deich, Hummel, Kluesner, Kron- feidt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending acceptance of Dubuque Racing Facility Contract B-5 Struc- tural Steel & Exterior Closure at Grandstand/Paddock with Kraemer Bros., Inc., presented and read. Coun- cil Member Kluesner moved that the con~municatinn be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Dalch, Hummel, Kluesner, Kron- faldt, Stackis. Nays--None. Absent--Council Member Manning. ACCEPTING IMPROVEMENT RESOLUTION NO. 257-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract B-5 Structural Steel and Exterior Closure at Grandstand/Paddock with Kraemer Bros., Inc. has been com- pleted and the City Manager has ex- mined the work and flied his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tot fi'om the General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the teilow~ng vote: 43O Special Session, August 19, 1985 Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. FINAL ESTIMATE RESOLUTION NO. 258-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract B-5 Structural Steel and Exterior Closure at GrandstandiPaddock with Kruemer Bros, Inc. has been com- pleted and the architect/engineering firm of Durrant Group Inc. has sub- mitred its final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im. prov~ment is hereby determined to be $1,371,512.00 and that said amount shall be paid from the General Obliga- tion Bonds of the City of Dubuque, Iowa. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammcl, Kinesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending acceptance of Dubuque Racing Facility Contract B-6 Kennels and Security Bldgs. with C.F. Carr Construction, Inc., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mera. bets Dcich, Hammel, Klaesner, Kron. feldt, Stackis. Nays--None. Absent--Council Member Manning. ACCEPTING IMPROVEMENT RESOLUTION NO. 259-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract B-6 Kennels and Security Building with C. F. Carr Construction, Inc. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its eeptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the General Obligation Bonds in amount equal to tho amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kinesner, Kron- feldt, Stackls. Nays--None. Absent--Council Member Manning. FINAL ESTIMATE RESOLUTION NO. 260-85 Special Session, August 19, 1985 431 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract B-6 Kennels and Securit] Building with C. F. Ca~r Construction Inc. has been completed and the ar chitect/engineering firm of Durrant Group Inc. has submitted its final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and ail miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque. Iowa: Section 1. That the cost of said im- provement is hereby determined to be $295,876.61 and that said amount shall be paid from the General Obligation Bonds of the City of Duhaque, Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackls. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending acceptance of Dubuque Racing Facility Contract C-9 Acoustical Ceiling Systems with Sullivan Bros., Inc., presented and read. Council Member Khiesner moved that the communication be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ACCEPTING IMPROVEMENT RESOLUTION NO. 261-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract C-9 Acoustical Ceiling Systems with Sullivan Brothers, Inc. has been completed and the City Manager has examined the work and filed ins cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tot from the General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resointinn. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. FINAL ESTIMATE RESOLUTION NO. 262-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract C-9 Acoustical Ceiling Systems with Sullivan Brothers, Inc. has been completed and the architect/engineer- ing firm of Durrant Group Inc. has submitted its final estimate showing the cost thereof including the cost of estimates, notices and inspection and ail miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: 432 Special Session, August 19, 1985 Section L That the cost of said im- provement is hereby determined to be $8~926.50 and that said amount shall be paid from the General Obligation Bonds of the City of Dubuque, Iowa. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Khiesner, Kron- feldt, Stackls. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending acceptance of Dubuque Racing Facility Contract C-11 Tote Building and General Construction with Kraemer Bros, Inc., presented and read. Council Member Kluesner moved that the communlcatinn be received and filed. Seconded by Coun- cil Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Khiesner~ Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ACCEPTING IMPROVEMENT RESOLUTION NO. 263~85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract C-11 Tote Building and General Construction with Kraemer Bros., Inc. has been complated and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the General Obligation Bonds n amount equal to the amount of his contract, less any retained percentage provided for therein, Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. FINAL ESTIMATE RESOLUTION NO. 264-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract C-11 Tote Building and General Constructinn with Kraemer Bros., Inc. has been completed and the ar- chitect/engineerlng firm of Durrant Group Inc. has submitted its final estimate showing the cost thereof in- cindlng the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $30,700.00 and that said amount shall be paid from the General Obligation Bonds of the City of Dubuque, Iowa. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis Special Session, August 19, 1985 City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending acceptance of Dubuque Racing Facility Contract C-12 Con- crete Topping and Risers with Ed- wards Concrete Contractors, Inc., presented and read. Council Member IGuesner moved that the communica- tion be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Dnich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ACCEPTING IMPROVEMENT RESOLUTION NO. 265-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract C-12 Concrete Topping and Risers with Edwards Concrete Con- tractors, Inc. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of August, 1985. 433 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Khiesner, Kron- feldt, Stackis. Nays--None. Absent--Council Menther Manning. FINAL ESTIMATE RESOLUTION NO. 266-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract C-12 Concrete Topping and Risers with Edwards Concrete Con- tractors, Inc. has been completed and the architect/englneering firm of Dur- rant Group Inc. has submitted its final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section L That the cost of said im- provement is hereby determined to be $183,776.04 and that said amount shall be paid from the General Obligation Bonds of the City of Dubuque, Iowa. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, HammeL Kluesner, Kron- feldt, Stackls. Nays--None. Absent--Council Member Manning. Communication of City Manager 434 Special Session, August 19, 1985 recommending acceptance of Dubuque Racing Facility Contract D44 Con- toured Bench Seating with Miracle Recreation Equipment Co., presented and read. Council Member Kluesner moved that the communicatlon be received and filed. Seconded by Coun- cil Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. ACCEPTING IMPROVEMENT RESOLUTION NO. 267-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Con- tract D-14 Contoured Bench Seating with Miracle Recreation Equipment has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptonce. NOW, THEREFORE, BE IT RESOLVED by the City Council of tlie City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- ceptod. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tot from the General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Stackis. Nays--None. Absent--Council Member Manning. FINAL ESTIMATE RESOLUTION NO. 268.85 WHEREAS, the contract for the Dubuque Dog Racing Facility · Con- tract D-14 Contoured Bench Seating with Miracle Recreation Equipment has been completed and the ar- chitect/engineering firm of Durrant Group Inc. has submitted its final estin~ate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to b~ $24~17Z00 and that said amount shall be paid from the General Obligation Bonds of the City of Dubuque, Iowa Passed. adopted and approved this 19th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- faidt, Stackis. Nays--None. Absent--Council Member Manning. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Stackis. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Khiesner, Kron- faidt, Stackis. Nays--None. Absent--Council Member Manhing. Meeting adjourned at 10:21 p.m. Special Session, August 19, 1985 435 Approved Adopted Mary A. Davis City Clerk 1985 1985 Mayor Council Members ATTEST: City Clerk 436 Special Session, August 29, 1985 CITY COUNCIL OFFICIAL Special Session, August 29, 1985. Council Met at 5:00 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Kronfeldt, Manning, Stackis, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent at Roll Calk--Council Members Deich, Hammel, Kluesner. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider a RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN IN- TERCREDITOR AGREEMENT WITH FIRST NATIONAL BANK OF MINNEAPOLIS IN CONNEC- TION WITH UDAG GRANT AGREEMENT FOR FDL FOODS INC. Council Members Deich, Hammel and Kluesner entered the Chambers at 5:03 p.m. Communication of Attorney Thomas W. McKay, on behalf of FDL Foods, Inc. requesting execution of In- terCreditor Agreement regarding the UDAG Agreement, presented and read. Council Member Kronfeldt mov- ed that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- feldt, Manning, Stackis. Nays--None. RESOLUTION NO. 269.85 AUTHORIZING THE CITY OF DUBUQUE TO ENTER INTO AN INTER--CREDITOR AGREEMENT WITH THE FIRST NATIONAL BANK OF MINNEAPOLIS WHEREAS, the City of Dubuque and FDL Foods, Inc. have entered into a UDAG Agreement (UDAG No. B-81-AA-19-0016(4)); and WHEREAS, the City of Dubuque and FDL Foods, Inc. have also entered into under date of December 6, 1982 a Security Agreement which provides for the City, upon written request from FDL Foods, Inc., to subordinate its security interest to banks or other financial institutions or financial enti- ty for the purpose of FDL Foods, Inc, to secure repayment of money borrow- ed for operating capital or replacement borrowings; and WHEREAS, FDL Foods, Inc. has requested the City to subordinate security interest under a new revolv- ing line of credit representing a replacement borrowing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute an inte~creditor agreement with the First National Bank of Minneapolis. Section 2. That the City Clerk is hereby authorized and directed to pro~ vide certified copies of this resoluffon to the First National Bank of Min- neapolis and to FDL Foods, Inc. Passed, adopted and approved this 29th day of August, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kron- feldt, Manning, Stackis. Nays--None. There being no further business, Council Member Kronfeldt moved to adjourn, Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kron- feldt, Manning, Stackis. Nays--None. Meeting adjourned at 5:12 p.m. Mary A. Davis City Clerk Approved. 1985 Adopted Special Session, August 29, 1985 _1985 Mayor Council Members ATTEST: City Clerk 437