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1984 March Council ProceedingsSpecial Adjourned Session, February 21, 1984 Nays--None. Absent--Council Member Kron~ feldt. Attorney Arthur Gflloon submitting proposal by Edward Zanner and Roger Hanselman regarding to purchase by the City of Dubuque a housing inspec- tion services for Fiscal Year 1985 and beyond, presented and read. Council Member Beurskens moved that the proposal be received and filed and referred to the Budget. Seconded by Council Member Fluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammal, Klueaner, Manning. Nays--None. Absent--Council Member Kron- foldt. Communication of City Manager submitting a brief summary of public meeting held by him on Fiscal Year 1985 Budget, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Fluesner. Carried by the following vot. o: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammel, Fluesner, Manning. Nays--None. Absent--Council Member Kron- foldt. 8:30 p.m. Council Member Manning moved to go into Closed Session with Council regarding imminent litigation. Seconded by Council Member Beur- skene. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absant--Council Member Kron- foldt. 8:49 p.m. Council reconvened. Mayor advised that the Legal Dept. had been given direction regarding litigation. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- faldt. Mary A. Davis City Clerk Approved. 1984 Adopted 1984 Mayor Council Members ATTEST: City Clerk Regular Session, March 5, 1984 71 CITY COUNCIL OFFICIAL Regular Session, March 5, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Hammel, Flues. nar, Kronfeldt, Assistant City Manager Gent Wittenberg, Corpora- tion Counsel William O. Blum. Absent--Council Members Deich Manning, City Manager W. Kenneth Gearhart. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the Regular Monthly Meeting of the Coun- cfi called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father A1 Vorwald, Associate Phstor of Racer- ruction Catholic Church. PROCLAMATIONS: March 11 thru 17 as "Girl Scout Blue Star Week" received by Judy Tigges; March 12 thru 16 as "Employ the Older Worker Week." Communication of City Manager submitting documents providing for the expenditure of funds for the demolition of the triclding filters, the associated clean-up and the repair of related plant facilities at the Wastewater Treatment Plant, presented and read. Council Member Hammel moved that the communication be received . and filed. Seconded by Council Member Fluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Fluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. RESOLUTION NO. 47-84 WHEREAS, a structural appraisal has been made on the condition of the south trickling filter dome at the Wastewator Treatment Plant, and WHEREAS, said structural ap- pralsal has indicated that collapse of said dome is imminent, and WHEREAS, an unanticipated col- lapse of the dome may result in serious loss or injury. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delay of public advertising and a public letting could cause serious loss or injury to the City. Section 2. That the City deems the demolition and removal of the south trickling filter dome at the Wastwater Treatment Plant to be an emergency under Section 384.103 of the Code of Section 3. Th?t~ the City Manager be authorized and directed to proceed with the demolition and removal of the south trickling filter dome. Passed adopted and approved this 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Flueaner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Fluesner, Kronfeldt. Nays--None. Abeent--Council Members Deich, Manning. (Necessity for Improvement) RESOLUTION NO. 48-84 WHEREAS, a proposed plan has been submitted to and approved by the City Council of the City of Dubu- quo, Iowa, and is now on file in the of- rice of tho City Clerk showing the estimated cost for demolition of the domes covering the trickling filters and the associated clean-up and repair of plant facilities at the Wastewater Treatment Plant. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public wcifore to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideratlon of this proposed resolution 72 Regular Session March 5, 1984 have filed objections with the City Clerk to the proposed plan and estimated cost of the improvement, they shall be deemed to have waived ail objections thereto. Demolition and clean-up work along with repair of City facilities will be per- formed in part by City crews and in part by contractors. Informal bids wifi be taken for contracts under $25,000. Procedures outlined in the Code of Iowa, Section 384.96 will be foRewed for contracts in excess of $25,000. The cost and expense of making such work under this resolution will be paid from the Sanitary Sewer Construction Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 5th day of~ March, 1984. Approved and placed on file for final action, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved ap- proval of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammcl, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. RESOLUTION NO. 49-84 BE IT RESOLVED by the City Council of the City of Dubuque Iowa, that the proposed plan in the amount of $200,000, and ali other documents contained herein are hereby approved and ordered filed in the office of the Ci- ty Clerk for public inspection, and are to be considered a part of this resolu- tion. Passed adopted and approved this 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfaidt. Nays--None. Absent--Council Members Daich, Manning. (Fixing Date of Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO. 50-84 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plan and placed same on file in the of- rice of the City Clerk for public inepec- tion of the demolition of the domes covering the trickling filters and the associated clean-up and facilities repair at the Wastewater Treatment Plant; and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 19th day of March, 1984, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plan and cost of said improvements in the City Clerk be and is hereby directed to cause notice of time and place of such hear- lng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived ail objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to advertise for proposals for the demolition, clean-up, equip- ment repair, or other work exceeding $25,000 and not performed by City Personnel, that such request for pro- posais be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall Regular Session, March 5, 1984 73 give not less than four days nor more than twenty days prior to the receipt of said proposals. Bids shall be opened and read by the City Clerk and ~ be submitted to the Council for final action. Passed adopted and approved this 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Communication of City Manager submitting documents providing for making structural modifications to Cf- ty Hall, presented and read. Council Member Beurskens moved that the conunuaicatlan be received and filed, Seconded by Council Member Kronfaidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Hammcl, Kluesner, Kronfeldt. Nays--None. Absent--Council Members D~aich, Manning. (Necessity for Improvement) RESOLUTION NO. 51-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- meat, and an estimate of the cost for the Structural Modifications of City Hall. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifics- tions, contract or estimated cost of the improvement, they shah be deemed to have waived ali objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from Revenue Sharing Funds. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved approval of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt, Nays--None. Absent--Council Members Daich, Manning. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 52-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, for the Structural Modifications of City Hall, with the estimated cost of this im- provement being $60,000 are hereby approved and ordered filed in the of- rice of the City Clerk for public inspec- Passed adopted and approved this 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution, Seconded by Council Member Kronfaidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. 74 Regular Session March 5, 1984 Absent--Council Members Delch, Manning. ~ixing Date of Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO. 53-84 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifieatlons, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspee- tion for the Structural Modifications of City Hall, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 2nd day of April, 1984, a public hearing will be held at 7:30 p.m. in the Council Chambers in City Hall at winch time interested 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 circnla- tion in the City of Dubuque, Iowa, winch notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have filed objections with the City Clerk, they shall be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, winch notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 22nd day of March, 1984. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held in the Council Chambers in City Hail at 7:80 p.m. on the 2nd day of April, 1984. Passed adopted and approved this 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hamranl, Kinesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Verbal petition of Airport Conunis- sion Chairperson requesting to ad- [tess the Council regarding their new facilities at the Airport. Mr. Robert Schmidt, Chairperson of the Airport Commission, discussed the above with the Council. Petition of Robert Bonneweli r~- questing to address the Council on behalf of the Friendship Force of Dubuque Mission to Cinna. Mr. Bon- neweil stated that it would be beneficial if a City Council Member or a Staff Member would consider mak- lng the September trip to Cinna. Council Member Beurskens moved that the petition be received and ~ed. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hannnel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Doich, Manning. Communication of City Manager submitting Resolution providing for Loan Agreement between tho City and the Dubuque Stamping and Manufac- ta. ring Co. Inc., presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the f~fiowing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Hummel, Klueaner, Kronfeldt. Nays--None. Abecnt--Canncil Members Deich, [ Manning. Regular Session, March 5,1984 75 RESOLUTION NO. 54-84 A Resolution Authorizing Acceptance of an Agreement Providing for the Loan of Community Development Block Grant Funds to Dubuque Sram- ping & Manufacturing, Inc. WHEREAS, the City of Dubuque, Iowa desires to assist Dubuque Stam- ping & Manufacturing, Inc. in the pur- chase of real and personal property and the enhancement of its economic viability, for the purpose of creating permanent employment opportunity for its citizens, and to stabilize and im- prove the city's tax base; and WHEREAS, a Loan Agreement and accompanying Real Estate Mortgage have been executed by Dubuque Stam- ping & Manufacturing, Inc., and the same are hereto attached and by tins reference made a part hereof; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and the City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, including the Real Estate Mortgage marked Exhibit A, pro. rifling for the loan of $150,000.00 to Dubuque Stamping & Manufoeturing, Inc., according to terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse funds according to the Loan Agree- merit from the Community Block Grant "Jobs Act" fund, Passed adopted and approved tins 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hummel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hummel, Klueaner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Communication of City Manager submitting documents providing for the acceptance of the 1983 Street Lighting and Traffic Signal Improve- ment, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Hummel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. (Accepting Improvement) RESOLUTION NO. 55-84 WHEREAS, the contract for the 1983 Street Lighting and Traffic Signal Improvements has been com- deted and the City Manager has ex- amined the work and filed 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- tar from the Street construction Fund n amount equal to the amount of his contract, less any retained percentage ~rovided for therein. Passed adopted and approved this 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hummel moved adoption of the Resolution. Seconded by Council Member Beurskans. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- hars Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Nona. Regular Session, Mareh 5,1984 Absout--Counell Members Deict Manning. (Final Estimate) RESOLUTION NO. 56-84 WHEREAS, the contract for the 1988~ Street Lighting and Traffic Signal Improvements has been com- pleted and the City Engineer has sub- mitred hie final estimate show/nE the cost thereof including the cost of retimates, notices and inspection and an miscen~neous costs; NOW, THEEEFOEE, RE 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 $60,42Z84 and that said amount shall be paid from the Street Construction Fund of the City of Dubuque, Iow~ Passed adopted and approved this 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskous. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Council Member Hammel moved for reconsideration of action taken at meeting of February 21, 1984 regar- ding the rezonlng of property at 3250 Dodge St., and the adjoining west parcel from C-7 General Sar- vice/Whalseale Commercial District to C-3 Arterial Business Commercial District. Seconded by Council Member Kinesner. Carded by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kinesner. Nays--None. Abstain--Council Member Kron- feldt. Absent--Council Members Deich, Manning. Council Member Hammel moved that this matter be tabled to the Coun- cil meeting of March 19, 1984 and placed on that agenda. Se?nd.ed, ~by ICouncfl Member Kluesner. ~arrie~ ny ~the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Hammel, Klusener, Kronfeldt. Nays--None. Absent--Council M~nhers Deich, Manning. Petition of Wm, Baum requesting the Council appoint a representative to the Rail Organization Committee prior to March 9, 1984, presented and read. Council Member Hammel moved that the petition he received and filed and Loras FAuesner be appointed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klueaner, Kronfeldt. Nays--None. Absent--Counan Members Deich, Manning. Council Member Beurekous moved that Francis Kelly be appointed as a representative to Operation: New View. Seconded by Council Member Kronfeldt. Carried by the following vote: yeas--Mayor Brady, Council Mem- here Beurskous, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Council Member Kronfeldt moved that John Klauer be appointed as a representative to Operation: New View. Seconded. by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klusener, Nays--None. Absent--Council Members Deich, Manning. RESOLUTION NO. 57-84 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- Regular Session, March 5, 1984 cupied by such applicants were in- spected and found to comply with the State Law and ail city Ordinances rele- rant thereto and they have filed pro- per bonds; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Mana~ger be authorized to cause to be issuedto the following named appli- cants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Michael Bower 1064 University Ave. Junnies Lounge, Ltd 2095 Kerper Blvd. {Sunday Sales) Kenneth J. Love 802 Central Ave. (Sunday Sales Only) Cue Master Limited 841 Central Ave. (Sunday Sales) Dorothy Sheller 1103 Central Ave. (Sunday Sales Only) Passed adopted and approved this 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deicb, Manning. RESOLUTION NO. 58-84 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. Cue Masters Limited Cue Master Billiards 841 Central Ave. Mulgrew Oil Co. Mr. Fixit Automotive 2600 Dodge St. Passed adopted and approved this 5th day of March, 1984. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourekens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Printed Council Proceedings for the months of November and December, 1983, presented for approval. Council Member Kronfeldt moved that the proceedings be approved as printed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. MINUTES SUBMITTED: Airport Comm, of 1-30; Cable Community Teleprogramming Comm. of 2-7; Com- munity Development comm. of 2-14; Dock comm. of 2-2; Human Rights Comm. of 2-13 & 2-21; Housing Comm. of 2-21; Park & Recreation Comm. of 2-14 & 2-22; Plumbing Bd. of 2-13; Transit Bd. Earnings Statement and Statistics for month of January, 1984; Zoning Bd. of Adjustment of 1-19; presented and read. Council Member Kronfeldt moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. 78 Regular Session March 5, 1984 NOTICES OF CLAIMS: Donald Her- rig in the amount of $4,279.50 for hacked-up sewer damages; Jill Honkamp in est. amount of $3,400 for car damages; Stanley R. Mahe in amount of $681.00 for property damages; Joseph H. Morong in the amount of $25,000.00 for personal in- juries; Ruth Pins in unknown amount for personal injuries; Colleen Rupert in unknown amount for personal injuries; Maureen A. Walsh in amount of $14.98 for car damages; North-Centrai Companies on behalf of their client Marvin E. Cocuyne in unknown amount for personal injuries; Jane Rotan in amount of $697.55 for repairs to sewer line; Jalme and Ann Schulz in unknown amount for backed up sewer damages, presented and read. Council Member Kronfeldt moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Khiesner, Kronfeldt. Nays--None. Absent--Council Members Deich Manning. Communications of Corporation Counsel recommending denials of following claims: Ann Breitbach James Prochaska, Irene Duffy, Lavern Wehrle. General Casualty Companies on behalf of their client Wm. Ponder, presented and read. Mr. James Prochaska questioned the denial of his claim. With the exception of the James prochaska Claim, Council Member '3qammel moved that the communica- tion be received and filed and the de- Rials approved. Seconded by Council Member Beurskens. Carried by the fol- lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Council Member Kronfeldt moved that the insurance carrier should look at Parkway St. again in reference to the James Prochaska Claim, and that the Public Works Dept. should check the area for problems and give the Council feedback. Seconded by Council Member Hammel. Curried by the following vote: Yeas--Mayor Brady, Council Mom- bors Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Communications of Corporation Counsel recommending settlement of ~roperty damage claim of Jonlee An- irews in amount of $102.13; Property damage claim of Ardell Heft in amount of $160.67; Property damage claim of James Udelhofan in the amount of $121.90, presented and read. Council Member Kronfeldt moved that the communications be received and filed and settlements approved with the Finance Director to issue the proper checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Hammel, Kluesner, Kronfoldt. Nays--None. Absent--Council Members Deich, Manning. Communication of Corporation Counsel Wm. Blum submitting opi- nion regarding the mandating a bid- ding process for the procurement of services in reference to request filed by Tri-State Security Specialists, presented and read. Council Member Krunfeldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Bcurskens, Hammel, Khiesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. REFUNDS REQUESTED: Mary Ann Wagner, $56.25 on unexpired Beer Permit and $25 on unexpired Cigarette License, presented and read. Council Member Kronfeldt moved that the refunds be approved and Finance Director to issue proper checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- Regular Session, March 5, 1984 bors Beurskens, Hammel, Klueaner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Iowa D.O.T. advising proposals to let a bridge deck substructure repair project on April 10, 1984 located at the Julien Dubuque Mississippi River Bridge at the City's east corporation line, presented and read. Council Member Kluesner moved that the notification be received and filed. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskans, Hanunel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. United Labor Participation Commit- tee stating opposition to allocation of City funds to the Dubuque Area Chamber of Commerce Convention and Visitors Bureau, presented and read. Mr. Pat Dillon of UAW Local 94 stated opposition to funds being given to the Chamber of Commerce, stating the City should own the Tourist Bureau and those individuals should work directly for the City. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner Kronfeldt. Nays--None. Absent--Council Members Deich. Manning. Klauer Mfg. Co. submitting theh Notice of Election to exercise option to purchase City owned property, presented and read. Council Member Kronfeldt moved that the Notice be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bors Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Civil Aeronautics Bd. submitting an Order regarding American Contrai Airllnea, Inc., and Mesaba Aviation, Inc. to provide essential Air 8orvico at Ft. Dodge and Mason City, Ia., presented and read. Council Member Kronfoldt moved that the Order bo received and filed. Seconded by Council Member Klueaner. Carried by tho following vote: Yeas--Mayor Brady, Council Mom- bors Beurskens, Hammel, Klueaner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Petition of Peoples Natural Gas re- questing permission to cut two 4' x 6' holes on Alpine St. to repair leaking customer service line and main line, presented and read. Council Member Kronfeldt moved that the petition be approved. Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Communication of Corporation Counsel Lindahi advising lawsuit has recently been dismissed by American Central Airlines, Inc. and therefore the file will be closed. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Manning. Bruce Bellman, 1635 White St., questioned why the Airport doesn't go for private financing rather t~han come to the taxpayers. There being no further business, Regular Session March 5, 1984 Council Member Hammel moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Hammal, Kluesner, Kronfaldt. Nays--None. Abeent--Councll Members Deich, Manning. Mary A. Davis City Clerk Approved __ __1984 Adopted __1984 Mayor Council Members ATTEST: City Clerk Special Sessio~ CITY COUNCIL OFFICIAL Special Session, March 12, 1984. Council Met at 7:30 o'clock p.m., at the Five Flags Theater, Civic Center. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel Kluesner, Kronfaldt, Manning, City Manager W. Kenneth Gearhart, poration Counsel William G. Blum. 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 providing for the adoption of the fiscal year 1985 budget. Proof of publication, certified to by the Publisher, on Notice of Public Hearing for the purpose of obtaining the views of residents of the City on Community Development and Hous- lng Needs, presented and read. Council Member Hammel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfdidt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing providing for the adoption of the Five Year Capital Improvement Program for the City of Dubuque, presented and read. Council Member Hammel moved that the proof of publication be reeeiv- ed and filed. Seconded by Council Member Beurskens. Carried by the bllowlng vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publleation, certified to by the Publisher, on Notice of Public Hearing providing for the adoption of the City of Dubuque Budget for Fiscal Year 1985 (July 1, 1984 to June 30, 1985), presented and read. Council Member Hammel moved that the proof of pubileation be receiv- ed and filed. Seconded by Council Member Beurskens. Carried by tho , March 12, 1984 81 following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. A RESOLUTION Adopting the An- nual Budget for the Fiscal Year En- ding June 30, 1985, presented and read. PUBLIC INPUT: POLICE DEPT. Judie Fjellman, on behalf of the League of Women Voters, stated sup- port of the Joint Communication Center, and also hnplomentetlon of the 911 Emergency tolaphone system. FIRE DEPT. Ric Jones, on behalf of the City F/refighters, stated opposition as pro- posed for the Volunteer Firefighter program. HUMAN RIGHTS DEPT. Judie Fjellman, on behalf of the League of Women Voters, supports the current or maintenance level of funding for this department, and will further report to the Commission results of their study of other Iowa cities/n this regard. PARK AND RECREATION DEPT. Jan 1/lense, 2675 Beverly St., stated that she was in favor of the Cultural Arts Program and did not went to see it cut, no objection to increased revenue. Beth Mffier, 1705 N. Algona, stated that Cultural Arts should be kept as a City-funded project. Francis "Chip" Murray, on behalf of tho Park & Rec. Commission, gave statistics about the Cultural Arts Pro- geam, and requested that it be kept as it is important to the quality of life in the City. Auleen Eberhardt, Fremont Ave., stated that the City parks should ail be free. Deb Curler, 2615 Mesa Dr., agreed with previous speakers. Doris Slattery, 2970 Wildwood Dr., stated support of the Cultural Arts Program. She also stated that if the Slattery Center is leased that there be a clause that the name remain as the Richard J. Slattery Arts Center. Steve Ulstoad, 2375 Kaufman, stated objection to cutting the Arts program. Gary Reed, 2191 St. Cella, hoped the Council would consider the e~tire picture before cutting the Arts Program. 82 Special Session, March 12, 1984 CONTRIBUTIONS/PURCHASES OF SERVICES Judie Fjeliman, on behalf of the League of Women Voters, requested that they fund Information and Refer- ral Services as requested. Paul Hemmer, of the Dubuque Musi- cians Assn., objected to the Park Dept. vehicle entry fee which prohibits the musicians performing at Eagle Point, so requesting $5000 which would balloon into much more as it would help the City as a tourist attrac- TRANSIT DEPT. Marie Ernst, 2095 Coates, objected to Orange Line elimination. Judie Fjeilman, on behalf of the League of Women Voters, voiced con- tinued support of Keyline and en- couraged future planning of the City transportation system. CAPITAL IMPROVEMENT BUDGET Bud Isenhart, 87 Nevada, stated op- position to park fees and deletion of the Cultural Arts Program. Roger Voss, City firefightar, stated opposition for volunteer firefighter program. Craig 8oltow, 1990 Shelby, question- ed the Sanitation Dept. being given to another entity. Judle Fjeilman, on behalf of the League of Women Voters, commended the Council on the open budget pro- cess and also the City Manager for a good budget. Linda Roepsch, 1190 W. 3rd, quee- tioned specifics of a volunteer program for Fire Department. Marian Williams of Old Mill Road. questioned how soon it would be before they would get emergency response regarding assistance from the Fire Dept. Council recessed at 8:41 p.m. Council reconvened at 8:53 p.m. Mayor Brady announced public in- put now closed and the Council will make remarks on each department. Council Member Manning moved that they raise various fees in the recreation department, so as to be able Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kronfeldt, Mann- Nays--Council Members Beurskens, Kluesnor. Council Member Kronfeldt moved that the tennis courts have ilghtin, g that would entail utilizing co~n operated lighting system on ail new projects and adding this equipment to the present courts. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Deich moved that $10,000 in CD Funds be deleted from the C.LP. budget for the Comiskey Field Improvement Project. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Kinesner, Kronfeldt, Manning. Nays--None. Council Member Hammel moved that approximately 20% of the funds for the Residential Meter Exchange Program be taken and use these funds on Outside Read Program in order that these two programs might be coordinated. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kronfeldt, Manning. Nays--Council Member Kinesner. Council Member Deich moved that the City fund the refuse collection at ~f service and complete comparison at the March 26th Council Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klueener, Kronfeidt, Manning. Nays--Council Member Beurskens. Council Member Hammal moved that the Rockdale Road Bridge Prc- jeet be placed on the Five Year Capital to maintain the current level of service Improvement Program. Seconded by in that department, including the Council Member Hammel. Carried by Cultural Arts Program. Seconded by the following vote: Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- Special Session, March 12, 1984 bers Beurskens, Deich, Hammel Kluesner, Kronfeldt. Manning. Nays--None. Council Member Hammel moved that the Airport commission is directed to come up with a plan, within the $750,000 maximum, which meets specific criteria in regard to construc- tion of a maintenance hangar and of- rice facility at the Airport. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hamme] Manning. Nays--Council Members Kluesner Kronfeldt. Council member Hannnel moved that the Energy Improvement Project be moved to FY '84. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammal Kluesner, Kronfeldt, Manning. Nays--None. Council Member Delch moved that the Transit Dept. operate within the budget that staff recommended but maintain as much of the Orange Line as possible. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskons, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Deich moved that the Information Services Dept. be authorized to spend 81500 for acoustical partitions in Word Process- lng. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesnor, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that relative to the Purchase of Ser- vices Dept. the formula for the Con- vention & Visitors Bureau be increas- ed from 15% to 25% of Actual Hotel/Motel Tax receipts. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, HammeL ~ Kronfeldt, Manning. 83 Nays--None. Council Member Manning moved that the Historical Society be given $25,000 for capital improvements, sub- ject to declaring area eligible for CD funds. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner. Kronfeldt, Manning. Nays--None. Council Member Hammel moved that they use $27,299 in CD Funds for support of Information and Referral. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Dalch, Hammel, Kluesner, Kronfeldt~ Manning. Nays--None. Mayor Brady moved that the amount for Information and Referral be reduced to $25,000. MOTION DIED FOR LACK OF A SECOND. Council Member Beurskens moved that relative to the Legal Dept. the Legal Assistant position be shifted back to fuil-time versus split time with Personnel Office, and a transcriber be added to the budget. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Council Member Hammel moved that the City Manager's salary be in- oceased by 5% to $46,260. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mayor Brady moved the Fire Dept. budget be reduced $6000 from the training of the proposed volunteer forces and the City Council go on record to utilize the Mutual Aid Agree- ment (with nearby fire depte.) first. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Deich. Special Session March 12, 1984 Nays--Council Members Beurskens, Hammel, Kluesner, Kronfeldt, Mann- ing. MOTION FAILED. Council Member Hannnel moved to amend the Fire Dept. budget and remove the budgeted $16,740 for the training of a volunteer force. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Hammel. Nays--Council Members Beurskens, Kluesner, Kronfoldt, Manning. MOTION FAILED. Council Member Kronfeldt moved that the budgeted amount of $16,740 he included in the Fire Dept. for the volunteer Force Training, but do not implement until given more delibera- tion to explore volunteers and unpaid fire department. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communications and petitions relative to the City Budget from: Dubuque Historical Society, Mrs. T. Carroll, Sandra Amberg, Marie A. Ernst et al, L. H. Halliburton, Charles Ties, Sr., et al, and petition containing approximately 1108 signatures re- questing to replace Rockdale Road Bridge presented and reed. Council Member Hammel moved that the communications and petitions be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kinesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 59-84 A Resolution Adopting the Annual Budget for the Fiscal Year Ending June 30, 1985. BE IT RESOLVED by the Council of the City of Dubuque, Iowa: The annual budget for the fiscal year ending June 30, 1985, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year is adopted, and the clerk is directed to make the filings re- quired by law and to set up his books in accordance with the summary and details as adopted. Passed approved and adopted this 12th day of March, 1984, by the follow- ing vote: Ayes--James E. Brady, Thomas J. Beurskens, Donald E. Deich, William K. Hammel, Loras J. Kluesner, Rhon- da M. Kronfeldt, Barbara A. Manning. Nays--None. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammai moved adoption of the Resolution, as amend- ed. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrskens, Deich, Hammel, Kluesner, Kronfoldt, Manning. Nays--None. RESOLUTION NO. 60-84 Adoption of Five Year Capital Im- provement Progrmn WHEREAS, a recommended five year Capital Improvement Program for the period beginning July 1, 1984 and ending June 30, 1989 for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the five year Capital Improvement Program: 1) describes specific capital improvement projects; 2) provides estimated costs for those projects; 3) proposes sources of funds for each of them; and 4) schedules the year during which each project wffi be undertaken; and WHEREAS, the Capital Improve- ment projects for the first year are in- cluded in the Fiscal Year 1985 budget for the City of Dubuque; and WHEREAS, the five year Capital Improvement Program will be recon- sidered annually by the City Council Special Session and appropriately revised; and WHEREAS, the adoption of the five year Capital Improvement Program is a prudent measure to provide continni- ty of programs and is in the best in- terest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period ~ginning July 1, 1984 as set out in the Fiscal Year 1985-1989 Recommended Capital Improvement Budget as amended is hereby approved and adopted as the proposed allocation of the City r~sources for capital ira- provements as scheduled in the years shown, subject to annual r~view and revision. Passed approved and adopted this 12th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution, as amend- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 8-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEAL- ING SECTION 36-161, RESIDEN- TIAL COMMERCIAL AND IN- DUSTRIAL USES, DIVISION 4, "RATES", AND ENACTING A NEW SECTION 36-161, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES, UNDER DIVISION 4, "RATES", IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES, (EFFECTIVE 7-1-84), presented and read. Council Member Beerskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council M~m- bers Beurskens, Daich, Hammel, March 12, 1984 85 Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens 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 Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 8-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY [~EPEALING SECTION 36-16i, RES- [DENTIAL COMMERCIAL AND INDUSTRIAL USES, DIVISION 4, "RATES", AND ENACTING A NEW SECTION 36-161, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES, UNDER DIVISION 4, "RATES", IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE~ IOWA: 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 36-161, Residential, Commercial and Industrial Uses, under Division 4, "Rates", and enacting a new Section 36-161, Rest- dential, Commercial and Industrial Uses under Division 4, "Rates", in lieu thereof to provide as follows: Section 36-161. Residential Commercial and Industrial Uses. a. Commencing with all billings on and after July 1, 1984, the rates to be charged for water for residential, com- merciai, industrial and other uses and purposes by any person, firm or cot- ~oration supplied water within the City shall be fixed and determined as follows: 1. Water rates for users within the City whose meters are read monthly shall be a.q follows: First 3,000 $1.12 Next 12,000 0.93 Next 35,000 0.83 Next 50,000 0.73 Over 100,000 0.65 86 Special Session March 12, 1984 The minimum monthly charge accord- ing to the size of the meters shall be as follows: Monthly Rates % $2.48 2O0 b. Commencing with ail billings on and after July 1, 1984, the rates to be charged for water supplied by the City Water Division to residential, commer- cial industrial and other uses and pur- poses by any person, firm or cor- poration, outside the corporation limits of the City of Dubuque, Iowa, shall be at one hundred fifty percent of the rates set forth herein above. c. For all meters in service, bills will be issued monthly. When a meter is not read monthly, for any reason, bills will be issued on estimated consump- tion. For estimated billings, either on alternate months or when readings are not obtainable for any reason, con- sumptlon will be predicated on monthly average of past usage for the ~neter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related ~cen- sumption identified in the Code of Ordinances for the size of the meter in service for the particular account. d. If requested by the customer, a remote reading device may be installed and billed on an installment contract over a maximum of a six month e. The proper adjustment from esti- mated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the custemeFs next regular bill. This Ordinance shall be in full force and effect on and after July 1, 1984, after its adoption and publication as provided by law. PASSED, APPROVED AND ADOPTED this 12th day of March James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 6th day of April, 1984. Mary A. Davis City Clerk It 4/6 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 9-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEAL- ING SECTION 36-56 OF DIVISION 4, "RATES", OF ARTICLE II AND ENACTING A NEW SECTION 36.56 OF DIVISION 4, "RATES" OF AR- TICLE II IN LIEU THEREOF TO PROVIDE FOR REVISION OF SEWER RATES AND CHARGES, (EFFECTIVE 7-1414) presented and read. Council Member Beurskeae moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member HammeL Carried by the. following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens 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 HammeL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 9-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEALING SECTON 36-56 OF DIVISION 4, "RATES", OF ARTI- CLE II AND ENACTING A NEW SECTION 36-56 OF DIVISION 4, "RATES", OF ARTICLE II IN LIEU THEREOF TO PROVIDE FOR REVISION OF SEWER RATES Speciel Session AND CHARGES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 36-56 of Division 4, "Rates", of Article II and enacting a new Section 36-56 of Divi- sion 4, "Rates", of Article II in lieu thereof to provide as follows: · 'ARTICLE II DIVISION 4 RATES Section 36-56 Established Commencing with all billings on and after July 1, 1984 contributors whose property lies within the corporate 6mits of the City, except as otherwise provided in this division, shall pay to the City, through its collection agent at its office at the same time payment for water service is made, a sewer ser- vice charge computed on water con- sumption on the following rates: a. Basic Charges: The sewer rates and charges shall be based on the quantity of water used or on in the property or premises. For all custom- ers utilizing sewer service, bills will be i~ued monthly. When a water meter is not read monthly, for any reason, bills will be issued on estimated consump- tion. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable, for any reason, consmnption will be predi- cated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which histetical data is not available, billing will be predicated on the minimum charge and related con- sumption identified in the Code of Ordinances, for the size of the water meter in service for the particular b. Schedule of rates: Monthly Rates Rate per each lO0 cubic feet $1.24 c. Service Charge 1. When a parcel of real estate, prop- erty or building, discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary supplied by the City Water Division and the water used thereon or therein is not acceptable to the City, the amount of water used shall be deter- mined by the City in such manner as the City Manager may elect to estab- lish the rate of charge as provided in this division, or the owner or other interested parties at his expense, may install m~d malatein a meter accept- March 12, 1984 87 able to the City for said purposes. 2. V~hen a parcel of real estate, prop- erty or building, discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary plied by the City Water Division and in addition uses water from another source which is not measured by a meter not acceptable to the City, the amount of water used shall be deter- mined by the City in such a manner as the City Mmmger may elect in order to establish the rate of charge as provided in this division, or the owner or other interested parties at his expense may install and maintain a meter accept- able to the City for said purpose. 3. When a parcel of real estate, prop- erty or building, discharging sanitary other approved waste either directly or indirectly into the City's sanitary supplied by the City Water Division, the amount of sanitary sewage, indus- waste discharged into the sanitary sewer system shall be determined by the City in such a manner as the City Manager may elect in order to estab- lish the rate of charge as provided in the division, or the owner or other interested parties at his expense, may install and maintain a sewage meter acceptable to the City for said pur- bly adjusted to the service rendered, Special Session March 12, 1984 Extra charges will be applicable and negotiated with dischargers on an indi- tion of the sewage exceeds three hundred (309) milligrams per liter of biochemical oxygen demand, three hundred fifty (350) milligrams per liter of suspended solids or two (2) percent age treatment plant. 6. The rates and charges may be billed the tenant or tenants occupying tbe properties served, unless otherwise requested in writing by the owners, but such billing shall in no way relieve the owner from liability in the event pay- ment is not made as required in this division. 7. Where the quantity of water con- sumed is such that the minimum water service is charged, the minimum sewer service cberge, according to the size of the meter, shall be as follows: Monthly Rates $2.24 200 23.52 2,100 Provisions of this Ordinance shafi be applicable for all billings on and after ,July 1, 1984. This Ordinance shall be in full force and effect on July 1, 1984, after its final adoption and publication as pro- vided by law. PASSED, APPROVED AND ADOPTED this 12th day of March, 1984. James E. Brady Mayor A~I~FEST: Mary A. Davis City Clerk Pubfished officially in the Telegraph Herald newspaper this 6th day of April, 1984. Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Ham- mci. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 10-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (a) OF ]SECTION 7-35 THEREOF AND ENACTING A NEW SUBSECTION ~a) OF SECTION ?.35 IN LIEU THEREOF PROVIDING FOR REVI- SION IN CAT LICENSE FEES (EF- FECTIVE 7.1-84) NEUTERED CATS, $3; UNNEUTERED $5.50), presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings be dispensed with. Seco .nded by Coun- dl Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klueener, Manning. Nays--Council Member Kron- feldt. ORDINANCE NO 10-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION la) OF SECTION 7-35 THEREOF AND ENACTING A NEW SUBSECTION la) OF SECTION 7-35 IN LIEU THEREOF PROVIDING FOR REVI- gION IN CAT LICENSE FEES. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, OWA: Section 1. That the Code of Ordi- imnces of the City of Dubuque, Iowa be amended by repealing Subsection ia) of Section 7-35 and enacting a new Subsection (a) of Section 7-35 in lieu thereof as follows: "Sec. 7-35. Cats - license fees la) The annual cat license fee per year, .r a fraction thereof, shall be three Special Session. March 12,1984 dollars ($3.00) for each neutered cat either male or female and five dollars and fifty cents ($5.50) for each male or female cat not neutered." Section 2. This Ordinance shall be in full force and effect for cat licenses for the year beginning July 1, 1984 and for each year thereafter. Passed, approved and adopted this 12th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially hi the Telegraph Herald newspaper this 6th day of April, 1984. Mary A. Davis City Clerk Council Member Bourskons moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Manning. Nays--Council Member Kronfeldt. ORDINANCE NO. 114/4 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTIONS (a) AND id) OF SECTION 16-36 THEREOF AND ENACTING NE%V SUBSECTIONS la) AND (d) OF SEC- TION 16-36 PROVIDING FOR REVI- SION OF MILK PERMIT FEES, (EF- FECTIVE 7-1-84) presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens 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 Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 11414 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTIONS la) AND (d) OF SECTION 16-36 THEREOF AND ENACTING NEW SUBSECTIONS la) AND (d) OF SECTION 16-36 PROVIDING FOR REVISION OF MILK PERMIT FEES. 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 Subsections la) and (d) of Section 16-36 thereof and enacting new Subsections la) and (d) of Section 16-36 in lieu thereof as follows: **Sec. 1646. Permit fees (a) Every person that operates a milk plant and brings into, sends into, or receives in the City milk or milk products shall pay a monthly permit fee of two and one-half cents ($0.025) for each one hundred (100) pounds of such milk or milk products to the offi- cer authorized to investigate the accu- racy of the permit fees paid hereunder. (d) Any person who shall have paid a fee to any municipality which enforces standards equivalent to the requirements of this Section shall be entitled to a credit against the permit fee established herein in the amount so paid but not in excess of two and one-haft cents (0.025) per one hundred Il00) pounds of milk or milk products; provided, however, that in order to be entitled to such credit, the permit liolder shall first exhibit satisfactory evidence of such payment to such other municipality and that such municipality extends reciprocal credits against its fees for amounts paid to this City. Provisions of tlfis Section shall be applicable for all volumes of Grade A milk and milk products brougt~t into, sent into, or received in the City on m~d after July 1, 1984/' Section 2. This Ordinance stroll be in full force in effect July 1, 1984, after /ts final adoption and publication as provided by law. Passed, approved and adopted this 12th day of March, 1984. James E. Brady Mayor Special Session, March 12,1984 ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 6th day of April, 1984. Mary A. Davis City Clerk It 4/6 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Ham- mci. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Dalch, Hammal, Klueener, Krunfeldt, Manning. Nays--None. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal Kluesner, Kronfoldt, Manning. Nays--None. Mary A. Davis City Clerk Approved __1984 Adopted __1984 Mayor Council Members ATTEST: City Clerk Special Sessior CITY COUNCIL OFFICIAL Special Session, March 19, 1984. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Harnme], Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- poration Counsel William G. Blum. 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 PUB- LIC HEARING TO CONSIDER AN ORDINANCE PROVIDING FOR THE REZONING OF PROPERTY AT 2769 UNIVERSITY AVE., and acting upon such other business which may properly come before the Council. Invocation was given by Bev. Den- nis Thompson, Pastor of Our Bedeemer Lutheran Church. PROCLAMATIONS: March 16-22 as "National Agriculture Week" received by Rob Apel of the Chamber of Com- merce; March 18-24 as "American Association of University Women Week" received by Kennle Harris; Month of March as "Mental Retarda- tion Month" received by W. L. Schmeichel. Council Member Harnmel moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Behrskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone property at 2769 University Ave, from R-4 Multi- Family Besidential and R-2 Single Family District to OR-1 Of- rice/Residential District, presented and read. Council Member Hsmmal moved that the proof of publication be reeaiv- ed and filed. Seconded by Council Membe~ Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klueaner, Kronfeldt, Manning. March 19, 1984 91 Nays--None. Communication of Larua J. Noel ob- j ecting to rezoning of property at 2769 University Ave. as requested by Kluck Construction, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Bruce Shaw, Elmer Harder and Eric Akins stated no objection to the rezon- ~g. Michael King, Attorney for Kluck Construction, presented a statement of Laura Noel withdrawing her objec- tions and a petition with 24 signatures requesting the rezoning. Dick Kratoska of Shive-Hattery presented plans and drawings of the proposed building. Tom Kluck, owner, stated he was willing to do ail as proposed for the professional offices. ORDINANCE NO. 12-84 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PRO- PERTY AT 2769 UNIVERSITY AVE. FROM R-4 MULTI-FAMILY RESIDENTIAL DISTRICT AND R-2 SINGLE FAMILY RESIDENTIAL DISTRICT TO OR-1 OF- FICE/RESIDENTIAL DISTRICT, SAID ORDINANCE HAVING BEEN PREVIOUSLY presented and read at the Council Meeting of February 6, 1984, presented for final adoption. ORDINANCE NO. 12-84 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ;ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 2769 UNIVERSITY 92 Special Session March 19, 1984 FROM R-4 MULTI-FAMILY RESI- I)ENTIAL. DISTRICT AND R-2 SINGLE-FAMILY RESIDENTIAL ])ISTRIC~ TO OR-1 OFFICE/RESI- DENTIAL DISTRICT. WHEREAS, the Planning and Zon- ing Commission has received an appli- cation for zoning reclassification of hereinafter described property from R- 4 Multi-Family Residential District and R-2 Single Family Residential District to OR-I Office Residential District; and WHEREAS, the Planning and Zon- ing Commission has denied said appli- cation for zoning reclassification without holding a public hearing; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has held its own public beating on said application for zoning reclassification pursuant to required published notice and WHEREAS, the City Council has approved said application for zoning reclassification by a three/fourths majority vote pursuant to require- ments of Appendix A of the Code of Ordinances, City of Dubuque, Iowa. 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 revising Appendix A thereof, also known as the "Zoning Ordinance anr Zoning Map of the City of Dubuque, Iowa" to reclassify hereinafter described property from "R-4 Multi-Family Residential Dis- trict'' classification to "OR-1 Office- Residential District" classification to wit: Lot 1 of Lot I of Lot 2 in Bonson Farm Subdivision and Lot 28 in Lenox Addition, all in the City of Dubuque, Iowa. Secton 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to reclassify hereinafter described property from "R-2 Single-Family Residential Dis- trict" classification to "OR-1 Office- Residential District" classification, to wit: Lot 29 in Lenox Addition in the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 19th day of March 1984. James E. Brady Mayor ATTEST: Mary A. Davis Cily Clerk Published officially in the Telegraph Herald newspaper this 23rd day of March, 1984. Mary A. Davis City Clerk I t 3/23 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueaner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to delete the title of "Lower Bluff St. Historic Preservation District" to "Cathedral Historic Preservation District" presented and There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deinh, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 13.84 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT SECTION 19 112 6.4 OF THE CODE OF ORDINANCES BE AMENDED BY DELETING THE TI- TLE OF THE DESIGNATED "LOWER BLUFF STREET HISTORIC PRESERVATION DISTRICT" AND SUBSTITUTING THE TITLE "CATHEDRAL HISTORIC PRESERVATION DISTRICT" IN LIEU THEREOF, SAID ORDINANCE HAVING BEEN PREVIOUSLY presented and read at the Council Meeting of February 21, 1984, presented for final adoption. ORDINANCE NO. 13-84 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT SECTION 19-1/2 6.4 BE Special Session AMENDED BY DELETING THE TITLE OF THE DESIGNATED "LOWER BLUFF STREET HIS- TORIC PRESERVATION DIS- TRICT'' AND SUBSTITUTING THE TITLE "CATHEDRAL HIS- TORIC PRESERVATION DIS- TRICT'' IN LIEU THEREOF. WHEREAS, the City Council has deaig~mted the Lower Bluff Street His- toric Preservation District in accor- dance with Section 19-1/2-6.4; and WHEREAS, the Dubuque Historic Preservation Commlasion has found that St. Raphael's Cathedral is the most visible and recognized historic structure in the area and is a leading example of Gothic Revival architectur in the City; and WHEREAS, the Dubuque Histori, Preservation Commission has therefore recommended that the name of the aforesaid District be changed to "Cathedral Historic Preservation Dis- trict"; and WHEREAS, the City Council has held a public hearing for the purpose of hearing all interested parties and lias considered all objections to the proposed District name change; and WHEREAS, the City Council has approved said District name change to "Cathedral Historic Preservation Dis- NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: ~etloa 1. That Chapter 19-1/2 of the Cede of Ordinances of the City of Dubuque, Iowa, known as the "City of Dubuque Historic Preservation Ordi- nance'', be amended by deleting the District title in Section 19-1/2 6.4 and enacting a new title in Section 19-1/2- 6.4 in lieu thereof, to wit: Section 19-1/2-6.4 "Cathedral His- toric Preservation District" PASSED, APPROVED AND ADOPTED this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 23rd day of March, 1984. Mary A. Davis City Clerk It 3/23 Council Member Beurskens moved final adoption of the Ordlnance, Seconded by Council Member Daich. Carried by the following vote: Yeas~Mayor Brady, Council Mem- March 19, 1984 93 bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing of intention to issue In- dustrial Development Revenue Bonds (First Judicial District Dept. of Cor- rectional Services Project), presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that tho proof of publication be receiv- ed and fil&d. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 61-84 A Resolution Relating to the Public Hem-lng and Approving Proceeding with the Issuance and Sale of not to Exceed $950,000 Aggregate Principal Amount of Industrial Development Revenue Bonds First Judldal District Department of Correctional Services Project Series 1984 of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, a ~olitical subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of acquiring, constructing, improving and equipp- lng buildings and improvements suitable for the use of a commercial enterprise, nonprofit organization or public agency, which the City finds is consistent with the Urban Revitaliza- lion Area Plan adopted by the City, and to loan the proceeds from the sale of such revenue bonds, pursuant to a loan agreement, to First Judicial District Department of Correctional Services, an Iowa public agency hereinafter ref6rred to as the "Com- pany"), to be used for acquiring, con- structing and equipping a' multipur- pose building suitable for use as the Dubuque Community Corrections Facility, which the City finds is consis- tent with the Urban Revitalization Area Plan adopted by the City; and WHEREAS, the City has determln- ed there is a public need in the City 94 Special Sessio~ ~ March 19, 1984 and its surrounding environs for im- proved industrial facilities as proposed by the Company; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $950~000 aggregate principal amount of Industrial Development Revenue Bonds First Judicial District Depart- ment of Correctlanal Services Project Series 1984, of the City of Dubuque, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and ail objections or other com- cents relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Dubu- que, Iowa, that said Bonds be issued as proposed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That it is hereby determin- ed that it is necessary and advisable that the City proeeed with the issuance o fits IndustriaIDevelopment Revenue Bonds First Judicial District Depart- ment of Correctional Services Project Series 1984 (hereinafter referred to as the "Bonds"), in an amount not to ex* ceed $950,000, as authorieed and mitred by the Ae$ and to loan the pro- ceeds of the sale of the Bonds to the Company, all upon terms and condi. tions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Counci~ pursuant to published notice, all persons who ap- peered were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all ob- jections to the issuance of the said Bonds, are hereby overruled. Section 3. That this Council shall proceed with the necessary pro- ceedings relating to the issuance of said Bonds as soon as the required documentation has been prepared by Bond Counse~ and approved by the Ci- ty Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Pro- ject and shall never constitute an in- debtedness of the City of Dubuque, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecunlary liability of said City of Dubuque, lowa, or a charge against its general credit or taxing powers. Section 5. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Adopted and approved, March 19, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Resolution of Necessity for public improvements and public hear- lag upon proposed plan and cost of ira- provement known as Demolition of the Dome covering the trickling filters and associated clean-up and facility repairs at the Wastewater Treatment Plant, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Coun- cil Member Kronfoldt moved that the proof of publication be received and fib ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. (Necessity fo~r Improvement) RESOLUTION NO. 48-84 WHEREAS, a proposed plan has been submitted to and approved by the City Council of the City of Dubu- que, Iowa, and is now on file in the of- rice of the City Clerk showing the estimated cost for demolition of the domes covering the trickling filters and the associated clean-up and repair of plant facilities at the Wastewater Special Session Treatment Plant. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City clerk to the proposed plan and estimated cost of the improvement, they shah be deemed to have waived aH objections thereto. Demolition and clean-up work along with repair of City facilities will be per- formed in part by City crews and in part by contractors. Informal bids will be taken for contracts under $25,000: Procedures outlined in the Code of Iowa, Section 384.96 will be followed for contracts in excess of $25,000. The cost and expense of making such work under this resolution will be paid from the Sanitary Sewer Construction Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 5th day of March, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Record of Final Adoption The foregoing resolution was finally passed and adopted, as proposed by the City Council this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueaner, Kronfeldt, Manning. Nays--None. (Ordering Construction) RESOLUTION NO. 63-84 BE IT RESOLVED BY THE CITY March 19, 1984 95 COUNCIL OF THE CITY OF DUBU- QUE, IOWA, that pursuant to a Resolution of Necessity No. 48-84 which was duly passed by this Council for the demolition of the domes cover- ing the trickling filters and associated clean-up work and facility repairs at the Wastewater Treatment Plant be and the same are hereby ordered and constructed by this Council upon its own motion. All the work shall ha con- structed in accordance with the plan heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said im- provements be paid from the Sanitary Sewer Construction Fund. BE IT FURTHER RESOLVED that this resolution being urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kroufoldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deieh, Hammel, Kluesner, Kroufeldt, Manning. Nays--None. Decision of Council Upon Objections to Plan and Cost of Improvements at the Wastwater Treatment Plant. RESOLUTION NO. 62-84 WHEREAS, proposed plan for the demolition of the domes covering the trickling filters and associated clean- up work and facilities repairs of the Wastewater Treatment Plant have been approved by the City Council of the City of Dubuque, Iowa and public notice given as provided by the Code of Iowa pertaining to public contracts and bonds, and the time and place fix- ed for the heario~ of all objections to said plan, and cost of such improve- mont, said time being this 19th day of March, 1984; and WHEREAS, the City Council met in 96 SpecislSession March 19,1984 public session this 19th day of March, 1984, at 7:30 p.m. at the Public Library Auditorium for the purpose of hearing all interested parties and con- sidering any and all objections which have been filed to the proposed plan and cost of the improvements herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be beard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that all ob- j ections which have been made and ill- ed to the plan and cost of said ira- provements herein dascribed and pr.c- posed to be made, be and the same is hereby overruled and such plan is bereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections which have been filed to the plan and cost of said improvements be made a matter of permanent record in connection with said improvements. Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammai, Kluesner, Kronfeidt, Manning. Nays--None. Communication of City Manager submitting Resolution establishing the roB-back factor for special assessments in Fiscal Year 1985. presented and read. Council Member Kronfeldt moved that the coxnmunicatlan be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 64-84 WHEREAS, the City Council of the City of Dubuque on April 18, 1983 adopted a policy on street improve- ment special assessments, and WHEREAS, the policy provided that the City Council annually review the rollback for special assessments on reconstruction projects, and WHEREAS, the City Council has determined an appropriate rollback factor for Fiscal Year 1985. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That a rollback factor of 20 percent be affirmed on all special assessments associated with reconstruction projects for Fiscal Year 1985, and shall remain in effect until modified by future City Council Resolatior~ Passed approved and adopted this 19th day of March, 1984. 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- bars Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting documents initiating the public Hearing procedure for the reconstruction of J. F. Kennedy Road, presented and read. Council Member Hammei moved that the communication be received land filed. Seconded by Council Member Klusener. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Khieener, Kronfeidt, Manning. Nays--None. (Necessity for Improvement) RESOLUTION NO. 65-84 WHEREAS, proposed plans have Special Session been duly prepared and approved by the City Council of the City of Dubu- que and am now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of sech lot as fixed by the City Council, for the Reconstruction of John F. Ken- sedy Road from Pennsylvania Avenue to University Avenue. BE IT THEREFORE RESOLVED that the City Council deems it ad- vlseble and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final con- s/deratlon of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from General Obligation Bonds, the Storm Sewer Construction Fund, the Read Use Tax Fund, and the General Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a con- ~'act has been performed and ac- ceptod, and the proceeds thereof used to pay the contractor. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 19th day of March, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk March 19, 1984 97 Council Member Hammel moved ap- proval of the Resolution. Seconded by Council Member Klusener. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Banrskens, Daich, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 664/4 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for the Reconstruction of John F. Ken- cody Read from Pennsylvania Ave. to University Ave. in the set/mated amount of $1,100,501.09 are hereby approved and ordered filed in the of- rice of the City Clerk for public inspec- tion. Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammei, Klusener, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 67-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the attached sheets, No. I through 3 inclusive, are hereby determined to be the schedule of pro- posed assessments for the City of Dubuque Reconstruction of John F. Kennedy Road from Pennsylvania Avenue to University Avenue, and the valuations set out thereir~ are hereby approved. Adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 98 Special Sessior March 19, 1984 Council Member Hammai moved adoption of the Resolution. Seconded by Council Member Klueenar, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, HammeL Klueener, Kronfaidt, Manning. Nays--None. (Fixing Date of Hearing) RESOLUTION NO. 68-84 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- flce of the City Clerk for public inspec- tion, for the Reconstruction of John F. Kennedy Road from Pennsylvania Avenue to University Avenue, and, WHEREAS, the proposed Reeniu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED, that on the 16th day of April, 1984, a public hearing will be held at 7:30 o'clock p.m. in the Carnegie Stout Public Library Auditorium in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement or any other person hav- ing an interest in the matter may ap- pear and be heard for or against the making of the improvement, the boun- daries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publica- tion of which shall be not less than ten days prior to the day fixed for its con- sideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity they shah be deemed to have waived all objections thereto. Passed approved and adopted this 19th day of March. 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klueenec. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Petition of Terry Harrmann, Pres, of Dubuque Racing Assn., Ltd., re- questing to address the Council regar- ding plans for devaioping a Greyhound Racing Track and other related mat- ters, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Kineener. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Daich, Hammel, Kluesner, Krunfaidt, Manning. Nays--None. Mr. Harrmann stated specifics of the location and other information, re- questing adoption of a Resolution call- ing for a special election on this mat- Mr. Arnie Honkamp of the Racing Assn. stated they had spent nearly $10,000 on a study by Killlngsworth and Asso. which will make a final presentation in late May, with con- struction in Oct. ready for the spring racing season, if all goes well. Mr. John Waltz, 1552 Maple St. read a statement requesting time for citizens to study the Klllingeworth Report and other aspects of the pro- posal. Mr. Gilbert Chaveneile, 1155 Kelly Lane, objected stating that the pee- posal is not right for municipal govern- ment involvement. Fred Wagner. 1098 Clara Ct., urged Council to approve the Resolution Milton Cavarier. stated that the churches will get hurt by this and ob- jected to the proposal. RESOLUTION NO. 69-84 Resolution Calling an Election on the Proposition of Issuing Bonds for Con- structing and Equipping a Dog Racing Track Complex WHEREAS, Chapter 99D of the Spanial Sessio~ 1983 Iowa Code Supplement known as the "Iowa Pari-mutuel Wagering Act" legalizes the pari-mutuel system of wagering for dog racing when con- ducted within a race track enclosure at a licensed dog race meeting; and WHEREAS, the construction of a dog racing track complex within the City of Dubuque would bo in the best interests of the City and would con- tribute to the economic growth of th, City in creating employment oppor- tunities and providing additional revenue to the City and businesses and WHEREAS, the construction and equipping of a dog racing track com- plex constitutes a general corporate purpose City enterprise within the meaning of Section 384.24 of the 1983 Iowa Code Supplement; and WHEREAS, the City Council of the City of Dubuque, Iowa, declares its in- tent to hold a special election on April 24, 1984, for the purpose of permitting the electorate to pass upon the pro- position of issuing bonds in an amount not exceeding $6,500,000 for the pur- pose of constructing and equipping a dog racing track complex in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the County commis- sioner of Elections of Dubuque County is hereby directed to give notice of and conduct a special election on April 24, 1984, for the purpose of submitting to the voters of the City the following pm- position: "Shah the City of Dubuque, Iowa, issue its bends in an amount not ex- eeeding the amount of $6,500,000 for the purpose of constructing and equipping of a recreation facility consisting of a dog racing track com- plex in the City." Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of tbe Resolution. Seconded by Council Member Kluesner. Carried , March 19,1984 99 by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krunfoldt, Manning. Nays--None. Communication of City Manager submitting Resolution providing for filing of a Program Statement for Community Development Block Grant, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by tho following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluosnor, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 70*84 A Resolution Authorizing the Filing of a Program Statement for a Communi- ty Development Block Grant for the City of Dubuque. WHEREAS, the City of Dubuque is entitled to participate in the Com- munity Development Block Grant Program authorized under the provi- sions of Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Dubuque has been declared eligible for funding in the approximate amount of $960,000 for Calendar year commenc- lng January 1, 1984; and WHEREAS, the City of Dubuque has developed a Community Develop- ment Block Grant Program Statement which gives maximum feasible priority to activities which will benefit low and moderate income persons and aid in the prevention or elimination of slums and blight; and WHEREAS, the City of Dubuque has provided the citizens of the com- munity with opportunities to comment on the Program Statement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of a pro- gram Statement for participation in the Community Development Block 100 Special Session March 19, 1984 Grant Program is hereby approved~ and the Mayor of.the City of Dubuque is hereby authorized ami directed to execute the necessary documentation on behalf of the City of Dubuque. Section 2. That the City Manager is hereby authorized and directed to sub- mit in the required number of copies, the executed Program Statement m the U.S. Department of Housing and Urban Development and other ap- propriate agencies together with such other documents evidencing the ap- proval and authorizing the execution and implementation of such program Statement as may be required~ Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beursknas moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None, Communication of City Manager submitting Resolution providing for submission of Grant for conversion of the Veteran's Memorial Park Baseball Field into a lighted softball field, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Dalch, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 71-84 A Resolution Authorizing Submission of a Request for Funds for Develop- merit of Outdoor Recreation Under the Land and Water Conservation Fund Program. WHEREAS, the City of Dubuque is interested in developing outdoor recreational facilities for the following described project for the enjoyment of the citizenry of the City of Dubuque and the State of Iowa: Project Title: Conversion of Veter- an's Memorial Bas,- ball Field to a Light. ed Softball Field Total Estimated Cost: $40,000 Brief Description of Project: The City of Dubuque proposes to con- vert an existing baseball field to a lighted softball field in Veteran's Memorial Park, with associated bleachers, restrooms, fencing, light- lng, backstops and other essential elements. Work will be accomplished by contract in 1985. WHEREAS, Land and Water Con- servation Fund financial assistance is required for the development of said outdoor recreational facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the project described above be authorized. Section 2. That City of Dubuque make application to the State Conse~ cation Commission to seek Land and Water Conservation Fund financial ~ssistance in the amount of 50% of the actual cost of the Phase H project on behalf of said City of Dubuque. Section 3. That City of Dubuque does certify to the following: a. That it ~ accept the terms and conditions set forth in the Grants- In-Aid Manual and which will be a part of the Project Agreement for any grant awarded under the at- teched proposal. b. That it is in complete accord with the proposal and that it will carry out the development in the man- ncr described in the proposal and any plans and specifications at- tached thereto unless prior ap- proval for any change has been re- ceived from the State Conserva- tion Commission. c. That it has the ability and inten- tion to finance its share of the cost of the project and that the project will be operated and maintained at the expense of City of Dubuque for public outdoor recreation use. d. That no financial assistance has been given or promise~l under any other federal program or activity with regard to the proposed pro- Special Session March 19, 1984 101 e. That it will not discriminate against any person on the basis of origin in the use of any property facil/ty acquired or developed pur- suant to this proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and of the regulations promulgated pur- suant to such Act by the Secre- tary of the Interior and contained in 43 CFR 17, as amended. f. That it will maintain adequate fi- nancial records on the proposed project to substantiate claims for cost-sharing. Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Harnmel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communications of Dubuque-In- Future, Inc. and the City Manager submitting a Resolution regarding pricing structure of sites in the Dubu- quo Industrial Center, presented and read. Council Member Bearskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--Nona. RESOLUTION NO. 72-84 A Resolution Consenting to a Variance from the Pricing Structure of Disposition Sites in the Dubuque In- dustrial Center. WHEREAS, the City Council and the City of Dubuque, Iowa and Dubu- que In-Future, Inc. have entered into a Memorandum of Agreement, dated August 17, 1981; and WHEREAS, Section 6 of the aforesaid Memorandum of Agreement provides as follows: "6 .... The CORPORATION shah not enter into contracts or agree- ments for the d/sposltion of indus- trial sites in the project at less than fair market value thereof without the written consent of the CITY in WHEREAS, the City Council adopted Resolution No. 223-83 dated September 6, 1983 establishing the pricing structure of disposition sites in the Dubuque Industrial Center; and WHEREAS, the Board of Directors of Dubuque In-Future, Inc. has re- quested City Council consent to dispose of a site in Dubuque Industrial Center at less than fair market value as set forth in Resolution No. 223-83. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby finds and determines that a public pu~ pose is to be served by the sale ora ce~ tain site in Dubuque Industrial Center at less than fair market value, as established by Resolution No. 223-83. Section 2. That the Board of Direc- tots of Dubuque In-Future, Inc. is hereby authorized to sell approximate- ly 1.8 acres at $.80 per square foot in lieu of the $1.15 per squre foot base price established by Resolution No. Section 3. That this Resolution shall constitute the written consent of the City of Duhaque to the disposition of an industrial site in the Dubuque In- dustrial Center at less than fair market value as required by Section 6 of the Memorandum of Agreement between the City of Dubuque and Dubuque In- Future, Inc. Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- 102 Special Sessios bers Beurskens, Deich, Hammel,I Kluesner, Kronfeldt, Manning. Nays--None. Communications from Dubuque.In- Futuro, Inc. and City Manager regur- ding the loan of Community Develop- ment Block Grant Funds to Dubuque- In-Futuro, Inc, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO, 73-84 A Resolution Authorizing Acceptance of an Agreement Providing for the Loan of Community Development Block Grant Funds to Dubuque In- Futuro, Inc. WHEREAS, the City of Dubuque, Iowa and Dubuque In-Futuro, Inc., have entered into a Memorandum of Agreement dated August 17, 1981, and have therein provided for the assignment to Dubuque In-Futuro Inc. of respons[billties for the manage- ment and further development of the Dubuque Industrial Center; and WHEREAS, Dubuque In-Futuro Inc. has in the course of carrying out its responslbifity to manage the Dubu- que Industrial Center incurred an obligation to rebate on March 21, 1984, a portion of the purchase price of property sold to Frommelt Industries and WHEREAS, Dubuque In-Future Inc. has requested that the City of Dubuque lend to Dubuque In-Future Inc. funds in the amount of $75,600.00 to aid in the fulfillment of its obliga- tion; and WHEREAS, a Loan Agreement and accompanying Promissory Note have been executed by Dubuque In-Futuro, Inc., and the same are attached hereto and by this reference made a part thereof. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: March 19, 1984 Section 1. That the City Council of the glty of Dubuque, Iowa hereby ~nds and determines that a public pu~ ~ose is to be served by the loan of funds to Dubuque In~Futuro, Inc. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, including the Promissory Note marked Exhibit A, providing for the loan of $75,600.00 to Dubuque ln- Futuro, Inc., according to terms specified therei~ Section 3. That the City Manager be and he is hereby authorized to disburse ~nds according to the Loan Agree- ment from the Community Develop- ment Block Grant Funds. Passed approved and adopted this 19~h day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 14-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY RECLASSIFYING PROPERTY AT 3250 DODGE AND THE ADJOIN- ING WEST PARCEL FROM GENERAL SERVICE/WHOLESALE COMMERCIAL DISTRICT TO C-3 ARTERIAL BUSINESS COMMER- CIAL DISTRICT, SAID OR- DINANCE HAVING BEEN presented and read at the Council Meetings of January 16, 1984 and February 21, 1984, presented for final adoption. ORDINANCE NO. 14-84 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX "A" THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, Special Session IOWA" BY RECLASSIFYING HEREINAFTER DE SCRIBED PROPERTY AT 3250 DODGE AND THE ADJOINING WEST PARCEL FROM C-7 GEN- ERAL SERVICE/WHOLESALE COMMERCIAL DISTRICT TO C-3 ARTERIAL BUSINESS COMMER- CIAL DISTRICT. WHEREAS, the Planning and Zon- ing Comm~ssinn has ~:eceived an appli- cation for zoning reclassification of hereinafter described property from C- 7 General Service/Wholesale Commer- clal District to C-3 Arterial Business Commercial District and has held a public hearing pursuant to required published notice; and WHEREAS, the Planning and Zon- ing Commi~ion hos denied said appli- cation for zoning reclassification; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Colnmission and has held its own public hearing on said application for zoning reclassification pursuant to required published notice and WHEREAS, the City Council has approved said application for zoning reclassification by a three-fourths majority vote pursuant to require- mente of Appendix "A" of the ~'ode of Ordinances, City of Dubuque, Iowa: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordin- ances of the City of Dubuque, Iowa be amended by revising Appendix "A" thereof, also known as The "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "C-7 General Service/Wholesale Com- mercial District" classification to "C-3 Arterial Business Commercial District" classification te-wit: Lot 2 of Lot 2 of Lot 1, Lot 1 of Lot 2 of Lot 1, and Lot 2 of Lot 1 of Lot 1 of Lot i of Bartels Center Grove Place, all ~in the City of Dubuque, Iowa, Passed, adoped and approved this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of March, 1984. March 19, 1984 103 Mary A. Davis City Clerk It 3/23 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Khiesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klueener, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting copy of Cable Rate In- Pease requested by Group W Cable, presented and read. Council Member Hammel moved that the communication be received and filed and that Touche-Roee be re- tained to provide analysis w/th the Regulatory Commission and respond by June 4th at joint meeting of Cable Regulatory Commission and City Council. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady. BOARDS AND COMMISSIONS: Civil Service Commission - One six rear term which will expire March 31, 1990. Applicants: John E. Hess, Lesley Stephens. Vote on the appointment was as follows: Council Member Beurskens voted for Hess; Mayor Brady voted for Stephens; Council Member Deich voted for Hess; Council Member Ham- mci voted for Hess; Council Member Kluesner voted for Hess; Conncll Member Kronfeldt voted for Hess; Council Member Manning voted for Hess. Therefore, John E. Hess reap- pointed to the Civil Service Commis- sion for a six year term which will ex- pire March 31, 1990. Housing Commission - One Unexpired term which will explre August 17, 1986. Applicants: Edward J. Markward. Council Member Khiesner moved that Markward be appointed to the Comm~ssinn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, 104 Special Sessio~ March 19, 1984 Kluesner, Kronfeldt, Manning. Nays--None. Housing Code Advisory and Appeals Board - Two Terms to expire January 11, 1987. Applicants: Janet M. Busch and Charlotte G. Kelly. Council Member Kluesner moved that Busch and Kelly be reappointed to the Board. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 74-84 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 bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Dennis J. Meyer Bunker Hill Rd. (Also Sunday Sales) CLASS "C" BEER PERMIT Earl Edmund Schumacher 2204 Central Ave. (Also Sunday Sales) Will-Co., Inc. 805 W. 5th St. (Also Sunday Sales) Serdahl Enterprises, Inc. 1920 Elm St. (Also Sunday Sales) Wareco System of Iowa 700 Rhomberg Ave. (Also Sunday Sales) Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 75-84 WHEREAS, Applications for Li- quor Licenses have been submitted to his Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE ~aternni Order of Eagles #568 1175 Century Drive Also Sunday Sales) K C & S Co., Inc. 4th & Main St. Also Sunday Sales) James Robert Winders 1701 Central Ave. Also Sunday Sales) Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ~TTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Special Session, March 19, 1984 105 MINUTES SUBMITTED: Cable Community Teleprngramming Human Services Committee of 2-29; Civil Ser- vice Commission of 2-13; Electrical Ex- amlning Bd. of 3-12; Planning and Zon- lng Commission of 2-1; Plumbing Bd. of 2-27; Public Library of 2-14; Historic Preservation Commission of 2-14 & 2-28; Human Rights Commls- s~on of 2-21; Zoning Board of Adjust- ment of 2-16; presented and read. Council Member Kronfeldt moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, I-Iammel, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Ronald L. Metz, in amt. of $20 for pro- petty damages; Earl M. and Janet A. Moore, in amt. of $1500 for blocked se- wer llne causing property damages; Sister Mr. Perkins, O.P. in amt. of $245 for personal injuries; Arthur F. Gilloon on behalf of cc-Administrators of the estate of Dean M. Scardino, in unknown amount for wrongful death claim; Patricia Stillmunkes in amount of $50,000 for damages; Rick L. Willey in amount of $29.50 for car damages; Lilllan L. Yager, in amount of $30,000 for personal injuries, presented and read. Council Member Kronfeldt moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Klueaner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfe]dt, Manning. Nays--None. Communication of Corporation Counsel recommending denial of f~llowing claims: Personalinjury claim of Eric Esser; Property damage claim of Craig Pape; Personalinjury claim of Mildred Kircher; Personalinjury claim of William Polnsett III; Marilyn Shabino for property damages; Per- sonal injury claim of Joseph Morong; Personal injury claim of Ruth Pins; Personal injury claim of Colleen Rupert; Property damage claim of Maureen Walsh; Personal injury claim of Joel Whitney, presented and read. Council Member Kronfeldt moved that the communications be received and filed and denials approved. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims for month of January, 1984; Proof of publication, certified to by the Publisher, that Annual Grantee Per- formance Report for Calendar Year 1983 is on file at various places, presented and read. Council Member Kronfeldt moved that the proofs of publication be received and filed. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. March 12, 1984 Honorable Mayor and Members of the City Council Pursuant to a request of the City Manager dated January 27, 1984, and in ac- cordance with the provisions of Chapter 400 of the 1983 Code of Iowa, the Civil Service Commission conducted written examinations on March 6, 1984 for the position of Water Plant Operator for the Public Works Department-Wator Divi- sion. The following named applicants have passed with an average score of 70% or better and are hereby certified to be considered for appointment. WATER PLANT OPERATOR James R. Mai Ronald A. Kuehn Charles J. Hartman William A. I-Iaxmeier David A. Ohms Norbert J. Steinhauser 106 Special Session, March 19,1984 John P. Lorenz John P. Schroeder A second list is available if needed. Paul A. Kritz Ronald J. Smyth John E. Hess Chairperson Dolores A. Reihle Gerald J. Koppes Civil Service Commission Passed approved and adopted this 19th day of March, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved that the above communication of the Civil Service Commission be received and filed and made a matter of record. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. REFUNDS REQUESTED: Merlin Morett, $25 on unexpired Cigarette License; Steve J. Smith $25 on unex- pired Cigarette License; Earl Tegeler, $56.25 on unexpired Beer Permit and $25 on unexpired Cigarette License; Dwaine Bowman, $25 on unexpired Cigarette License, presented and read. Council Member Kronfeldt moved that the refunds be approved and the Finance Director to issue proper checks. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. City Manager submitting reports of Finance Director and Deputy Finance Director for month of February, 1984, presented and read. Council Member Kronfeldt moved that the reports be received and filed. Seconded by Council Member Kluesner. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel submitting response to denial of Mr. James Prochaska's claim for backed-up sewer damages, presented and read. Council Member Beurskens moved that the communication be received and flied and denial approved, com- mending Mr. Lindahl and City staff for timely work done. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mr. Dick Kemp, 1840 Auburn, stated objection to the way the handl- ing of the adoption of the City budget, in particular the Recreation Depart- 11:00 P.M. Council Member Kluesner moved to go into Closed Sea- sion to discuss strategy with Counsel in matters that are presently in litiga- tion where its disclosure would be like- ly to predudice the position of the governmental body in this litigation. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. 11:35 P.M. Council reconvened. Council Member Kronfeldt moved that the Closed Session be recessed un- til Tuesday, March 20, 1984 at 7:30 p.m. in the City Hall Council Special Session March 19, 1984 Chambers. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. 11:39 P.M. Council Member Hammel moved thay they recess the Open Special Session until 7:00 p.m., Tues- day March 20, 1984 at 7:30 p.m. in the City Hall Council Chambers. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved ~1984 Adopted _1984 Mayor Council Members ATTEST: City Clerk 107 108 Special Session, March 20, 1984 CITY COUNCIL1 OFFICIAL Adjourned Special Session, March 20, 1984. Council Met at 7:00 o'clock p.m., in the City Hall Council Chambers. No members of the Council being present, the Meeting was adjourned subject to cafi. Mary A. Davis City Clerk Approved. .1984 Adopted .1984 Mayor Council Members ATTEST: City Clerk Regular Session, April 2,1984 109 CITY COUNCIL OFFICIAL Regular Session, April 2, 1984, Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hamme] Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- poration Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is THE REGULAR MONTHLY MEETING of the Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Father Timothy Bakakas, Pastor of St. Elias the Prophet Greek Orthodox Church. PROCLAMATIONS: April 2 thru 8 as "Sign Up America Week" received by Rick Baumhover and Scott Tibben; April 8 thru 14 as "National Library Week"; Month of April as "Fair Hous- ing Month"; April 9-16 as "Drunk Driving Awareness Week" received by Cathy Avenarius. Mayor Brady swore in the Youth in Government Officials: Mayor - Sue Klals; Council Members: Dave Becker, Jim Roddy, David Kennedy, Kara Pet- tit, Joan Hanson, Ted Stieber; City Manager-Chris Bandy; City Clerk- Ann Hoffman; and Corporation Counsel- Scott Lynch. Council Member Doich moved to sus- pend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Publlc Hearing on Notice of Pendency of Resolution of Necessity for Structural Modifications of City Hall, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication ha receiv- ed and filed, Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, KAuesner, Kronfeldt, Manning. Nays--None. (Necessity for Improvement) RESOLUTION NO. 51-84 WHEREAS, proposed plans have been duly prepared and approved by the City Clerk showing among other things the plans, specifications and form of contract for the improvement, and an estimate of the cost for tho Structural Modifications of City Hall. BE IT THEREFORE RESOLVED that the City Council deems it ad- vieeble and necessary for the public welfare to make tho herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived ail objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from Revenue Sharing Funds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 5th day of March, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 2nd day of April, 1984.