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1987 August Council ProceedingsRegular SessionAugust 3, 1987 315 CITY COUNCIL OFFICIAL Regular Session. August 3, 1987 Council met at 7:30 p.m., at the Public Library Auditorium. Present -- Council Members Deich, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Corpora- tion Counsel Barry A. LindahL Absent at Roil Cai~ -- Council Member Krieg. Absent -- Mayor Brady, Cou~xcil Member Simon. Due to the absence of both the Mayor and the Mayor Pro-Tem and in accor- dance with Sec. 2-35 of Ord. 13-87, the City Council shall elect a Presiding Of- ricer. Council Member Kronfeldt moved that Lotus Kluesner be elected as the Presiding Officer. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Council Members Deich, Kluesner, Kronfaldt, Manning, Nays-- None. Absent--Mayor Brady, Council Members Krleg, Simon. Mayor Pro-Tom Kluesner read the call and stated this is the REGULAR MEETING of the City Council called ~or the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Pastor William Dix of the Apostolic Christian Church. PROCLAMATIONS: Week of August 17th as "Mentally Handicapped Health Week"; August 10th through October 31st as "Un~ted Way Campaign Time" received by Tom Bond; August 11th to 16th as "Dubuque County Fair Week" received by the 4-H King and Queen. Council Member Krleg entered at 7:33 Council Member Manning moved that the rul~s be suspended to allow anyone pr~ sent to add, ss the Council ff they ahou~ so de~e~ Seconded by Council Member Kron~eldt~ Carried by the fobewing vote: Yeas--Council Members Deich, Klue~ner, Krieg, Kronfeld~ N~ys--Non~ Absent~ May~ Brady, Council Member Simon. Proof of publication, on notice of Public Hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the parking equipment for the Iowa Street parking Ramp, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Mem- ber Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent-- Mayor Brady, Council Member Simon. RESOLUTION NO. 222-87 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 1st day of July, 1987, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Parking Equipment for Iowa Street Parking Ramp; and WHEREAS, notice of hearing on plans, specifications, forxn of contract, and estimated cost was published as re- quired by law. NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estlmated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvemente for said project. Passed, approved and adopted this 3rd day of August, 1987. Loras Kluesner Mayor Pro-Tom ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Daich, Kluesner, Krieg, Regular Session, August 3, 1987 317 316 Regular Session Brady, Council Member Simon. Proof of publication on Notice to Bid- ders of the Receipt of Bids for the pro- jeet AND Communication of City Man- ager recommending to award contract for above to parking, In~ of Des Moines, IA presented and read. Couned Member Kluesner moved that the proof of publication and communica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Daich, Kluesner. Krieg, Kronfeldt, Manning. Nays--None. Absent--Mayor Brady, Council Member Simon. RESOLUTION NO. 223-87 AWARDING CONTRACT WItEREAS~ sealed proposals have been submlttod by contractors for the Iowa Street parking Ramp Installation of Security Equipment in Stairwells and Elevator, Replacement of Parking Equip- ' ment System pursuant to Resolution No. 183-87 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of July, 1987. WHEREAS, said sealed proposals were opened and read on the 23rd day of July, 1987 and it has been determln- ed that the bid of Parking, Inc. of Des Moines in the amount of $80,669.00 was the lowest bid for the furnisinng of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the contract for the above tm- provement be awarded to Parking, Inc. and the Manager be and is hereby directed to execute a contract on behaiI of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the slgnlng of said contract and the approval of the contractor's August 3__ 198._J_7 bond, the City ~l~easurer is authorized md instracted to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted tins 3rd day of August, 1987. Loras Kluesner Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Klueaner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Councif Members Daich, Kluesner, Krieg, Kronfeldt. Nays--Nong Absent--Mayor Brady, Council Member Simon. Communication of City Manager sub- raitting documents providing for the bid- ding process for the construction of a new storm sewer in Pennsylvania Ave. between John E Kennedy Read and Bies Drive, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Deich, Klues- ncr, Krieg, Kronfeldt, Manning. Nays-- None. Absent--Mayor Brady, Council Member Simon. RESOLUTION NO. 224-87 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the pennsylvania Avenue Storm Sewer, in the estimated amount of $78,907.19, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 3rd day of August, 1987. Loras Khiesner Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Deich, Kluesner. Krieg, Kranfeldt, Nays--None. Absent--Mayor Brady, Council Member Simon. RESOLUTION NO. 225-87 FIXING DATE 0F HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion of the Pennsylvania Avenue Storm Sewer. NOW, THEREFORE, BE IT RE- SOLVED that on the 17th day of August, 1987, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested pe~ sons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improvement, and the City Clerk be and is hereby di~cted to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may op- pear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted tins 3rd day of August, 1987. Loras Kluesner Mayor Pro -Tem ATTES~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution, Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--Non~ Absent--Mayor Brady, Council Member Simon. RESOLUTION NO. 226-87 ORDERING BIDE BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Pennsylvania Avenue Storm Sewer is hereby ordered to be advertis- ed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 11th day of August, 1987. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 17th day of August. 1987. Passed, approved and adopted tins 3rd day of August, 1987. Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolutior~ Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Kranfeldt. Nays--Non~ Absent--Mayor Brady, Council Member Simon. Conmmnlcation of Jerry Enzler, Direc- ter of Museums, requesting the commit- ment of the City of Dubuque to make available space for the National Rivers 318 Regular Session August 3, 1987 Hail of Fame and the State of Iowa In- formation/Culturai Center, near the former Burlington Northern Depot, and commitment contingent upon the saiec- tion of Dubuque as one of the State in- formation/cultural centers, presented and Council Member Krieg moved that the communication be received and filed and City to be included with negotiations if selected as the site. Seconded by Coun- cil Member Manning. Carried by the follOWing vote: Yeas--Council Members Council Member Simon. Abstain-- Council Member Kronfeldt. and read. Council Member Manning moved that the communication be received and ill- ed. S~conded by Council Member Krieg. Carried by the following vote: Yeas-- RESOLUTION NO. 227-87 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $300,000 STREET IMPROVEMENT BONDS WHEREAS, the City of Dubuque, as the "City", is in need of funds to pay Paving Project and it is deemed ne- cessary and advisable that said City authorized by Section 384.68 of the City WHEREAS~ before said Improvement Bonds may be issued and sold it is deem- be taken as hereinafter directed. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bonds hereinafter described be offered at public sale, pur- suant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph-Herald, a legai newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an ad- jacent county. Said notice is given pur- suant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 21st day of September, 1987~ at 7:30 o'clock p.m. will hold a meeting to receive and act upon bide for said bonds; said notice to be in substantially the follow- ing form: NOTICE OF BOND SALE Time and Place of Sale: The sale of bonds of the City of Dubuque, Iowa, will be held at the Conference Room "B" City Hall in the City of Dubuqu~ Iowa, (the "Issuer") at 1:00 o'clock p,nm, on the 21st day of September, 1987. Sealed Bids: Sealed bids will be receiv- ed at the office of the City Clerk as ~tated above, until the Clerk declares the time for the filing of sealed bids to be closed. The bids will then be publicly opened at the above place of safe and thereafter referred for action to the meeting of the City Council to be held on the above date at 7:30 o'clock p.m. The Bonds. The bonds to be offered am the following: STREET IMPROVEMENT BONDS, in the principal amount of $300~000, to be dated September 1, 1987, in the [enomination of $5,000 each, and to mature as folinws: principal Maturity kmount Dec. 1st $30,000 1987 $30,000 1988 $30,000 1989 $30,000 1990 $30,000 1991 Regular Session $30,000 1992 $3o,ooo 1993 $30,000 1994 $3o,ooo 1995 $30,000 1990 Optionai Redemption: All of said bonds due after December 1, 1987, will be subject to call prior to maturity in whole or from time to time in part, in numerical order on or within forty-five days after said date or any succeeding interest payment date, at the option of the Issuer, upon terms of par plus ac- crued interest to date of call. Said Im- provement Bonds shall not constitute a general obligation but shall be payable only from the special fund ereated by assessments to property benefited by the 1986 Asphalt Paving Project and the 1986 Concrete Paving Project. Interest: Interest on said bonds will be payable on December 1, 1987, and an- nually on the 1st day of December thereafter. Principal and interest will be payable at the office of Bankers Trust Company. Registration: The above bonds will be issued in registered form as to principal and interest. The Issuer has designated Bankers Trust Company of Des Moines, Iowa as the initial registrar. Payments will be made by check mailed to the ad- dress of the o~ner of the bond as of the record date as shown by the records of the Registrar. Payment of principai will be made upon surrender of the Bond. The Issuer will furnish at its expense to each named owner one bond for each an- nuai maturity. Additionai bonds in lesser denominations will be furnished if an owner so requests. Not more than fifteen (15) days after the bond sale date the purchaser shall notify the Registrar of the names and tax identification n~umbers of registered owners to be shown at the initial delivery of the bonds, showing principal amounts for each annual maturity. Otherwise the bonds will be registered in the name of the bidder or in the name of the first pa~ ticipant listed in the bid. Bid Security: None required. Form of Bids: Ail bids shall be uncon- dltional except as provided in this notice, August 3, 1987 319 for an entire issue of bonds for a price not less than 100 percent of par, plus ac- crued interest, and shail specify the rate or rates of interest in conformity to the limitations of the following paragraph. Bids must be submitted on or in sub- stantial compliance with the official bid form provided by the Issuer. The bonds will be awarded to the bidder offering the lowest interest cost, which will be deter- mined by aggregating any permissible discount, if any, with the interest payable by the Issuer over the life of the bonds in accordance with the terms of each bid presented, and deducting therefrom the premium, if any, stipulated in said proposai. Rates of Interest: The rates of interest specified in the bidder's proposal must conform to the limitations following: 1. All bonds each annual maturity must bear the same interest rate. 2. Rates of interest bid must be in multiples of one-eighth or one-twentieth of one percent. 3. No rate of interest named shail be more than two percent higher than the lowest rate ot interest named. (Assess- ments securing the Bonds bear interest at the rate of nine percent until paid; however, bidders may, at their option, specify a higher rate of interest on any of the Bonds.) Delivery: The bonds wiil be delivered, without expense to the purchaser at any mutually acceptable bank and trust company anywhere in the continental United States. against full payment in immediately available cash or federal funds. The bonds are expected to be delivered within thirty days after the sale. Should delivery be delayed beyond sixty days from date of sale for any reason except failure of performance by the purchaser, the purchaser may with- draw his bid and thereafter his interest in and liability for the bonds will cease. (When the bonds are ready for delivery, the Issuer may give the successful bid- der five working days notice of the delivery date and the Issuer will expect payment in full on that date, otherwise reserving the right at its option to deter- mine that the bidder has failed to com- ply with the offer of purchase.) 320 Regular Session August 3, 1987 Certificate of Purchaser: The Pu~ chaser of the Bonds will be required as a condition of the sale to execute and submit to the Issuer within 15 days after the date of sale, a Certificate in a form satisfactory to the Issuer as to the in- itial offering price of the Bonds to the public {not including bond houses and brokers or similar persons or organiza- tions acting in the capacity of under- writers or wholesalers) at which price a substantial amount of the Bonds (not less than 10% of each maturity) were in fact sold, and certifying that the prices are not greater than as shown on the Cer~ ti£icate and that the prices are not unreasonably low. CUSIP Numbers: CUSIP numbers will not be printed on the bonds. Legal Opinion: Said bonds will be sold subject to the opinion of Ahlers, Cooney, Dorweiler, Haynia, Smith & Alibee, Attorneys of Des Mdines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cest to the purchaser and all bids wilt be so conditioned. Except to the extent necessary to issue their Bpi- ninn as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or stotements made or furnish- ed in connection with tho sale, issuance or marketing of the bonds. The opinion will be printed on the back of the bonds. Rights Reserved: The right is reserv- ed to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Dubuque, Iowa. Mary A. Davis City Clerk of the City of Dubuque, Iowa (End of Notice) Passed, approved and adopted this 3rd day of August, 1987. Loras Kiuesner Mayor Pre-Tem ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Simon. Council Member Kronfeldt moved that this be the first reading of an OR- DINANCE Amending the Code of Or- dinances of the City of Dubuque, IA by enacting new Sections 33-125 through 33-131 thereto creating a Citizens' Street Advisory Committee and prescribing its purpose, terms of office and organiza- tion. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Council Members Kluesner, Krieg. Kronfeldt, Manning. Nays-- Council Member Deinh. Absent--Mayor Brady, Council Member Simon. Communication of City Manager sub- mitting Ordinances rewriting provisions of the City Code regalating truck routes, )resented and read. Council Member Kronfeldt moved that the communication be recalvd and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Delch, Klues- ncr, Krieg, Kranfeldt. Nays--None. Absent--Mayor Brady, Counc'fl Member Simon. Council Member Kronfuldt moved that this be the first reading of an OR- DINANCE Amending the Code by repealing Sections 25-162 and 25-172 thereof and enacting a new Section 25-172 in lleu thereof establishing motor truck routes and prohibiting motor trucks with a gross weight exceeding 10,000 pounds (5 tons) from traveling on residentially zoned street. Seconded by Council Member Manning. Carried by the fullowing vote: Yeas--Council Members Deich, Kluesner, Krieg, Kronfaldt. Nays--Nong Absent-Mayor Brady, Council Member Simon. ORDINANCE NO. 47-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTIONS (1) Regular Session August 3, 1987 321 AND (2) OF SECTION 25-274 THERE- OF AND ENACTING NEW SUBSEC- TIONS (i), (2), AND (7) OF SECTION 25-274 IN LIEU THEREOF IN- CREASING THE FINES FOR IL- LEGAL ALLEY PARKING AND~ STREET STORAGE, said Ordinance having been presented and read on July 6th and July 20th, presented for final adoption. (OFFICIAL PUBLICATION) ORDINAN(~E NO. 47-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTIONS (1) AND (2) OF SECTION 25-274 THERE- OF AND ENACTING NEW SUBSEC- TIONS (1), (2) AND (7) OF SECTION 25-274 IN LIEU THEREOF IN- CREASING THE FINES FOR IL- LEGAL ALLEY PARKING AND STREET STORAGE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinance~ of the City of Dubuque, Iowa, be amend- ed by repealing Subsections (1) and (2) of Section 25~-274 thereof and enacting new Subsections (1), (2) and (7) of Sec- tion 25-274 in lieu thereof as follows: "Sec 25~274. PARKING VIOLATIONS -- FINES, (1) Overtime parking, double parking and any other standing or parking viola- tion. If paid within seventy-two (72) hours from time of violation as indicated on the notice, such fine shall be the sum of two dollars ($2.00); if not paid within seventy-two (72) hours, such fine shall be the sum of three dollars ($3.00). (2) Street Storage. If paid within seventy-two (72) hours from time of violation as indicated on the notice, such fine shall be the sum of five dollars ($5.00); if not paid within seventy-two (72) hours, such fine shall be the sum of seven dollars ($7.00). (7) Illegal alley parking. If paid within seventy-two (72) hours from time of violation as indicated on the notice, such fine shah be the sum of five dollars ($5.00); if not paid within seventy-two (72) hours, such fine shall be the sum of seven dollars ($7.00).' Passed, approved and adopted this 3rd day of August, 1987. Loras Kluesner Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 11th day of August, 1987. Mary A. Davis City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Second- ed by Council Member Manning. Carried by the following vote:. Yeas--Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--Nong Absent--Mayor Brady, Council Member Simon. Communication of City Manager sub- mitting Ordinances establishing a pro- cess to eliminate dangerous buildings within the City AND Proof of publica- tion, of Notice of proposed Ordinance Amending the Code of the City of Du- buque by repealing Sections 10-17 through 10-21 thereof and enacting new Sections 10-17 through 10-26 in lieu thereof providing for a procedure to remove or repair dangerous buOdinge, the conducting of appeals from decisions of the Building Official assessing costs of removal of dangerous buildings and imposing penalties for violations of orders of the Building Official, presented and read. Council Member Kronfeldt moved that the communication and the proof be received and filed. Seconded by Coun- all Member Krieg. Carried by the follow- lng vote.' Yeas--Council Members Kines- ncr, Krieg, Kronfeldt, Manning. Nays-- Council Member Dalch. Absent--Mayor Brady, Council Member Simon. Council Member Kronfeldt moved that this be considered the second reading of an OR- DINANCE Amending the Code of Or- dinances of the City of Dubuque, IA by 322 Regular Session August 3, 1987 repealing Sections 10-17 through 10-21 thereof and enacting new Sections 19-17 through 10-26 in lieu thereof providing for a procedure to remove or repair dangerous buildings, the conducting of appeals from decisions of the Building Official, assessing costs of removal of dangerous buildings and imposing penalties for violations of orders of the Building Official (1st reading given on 7/20). Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfeldt, Manning. Nays-- Council Member Deich. Absent--Mayor Brady, Council Member Simon. Proof of publication, of proposed Or- dinance Amending the Code of Ordi- nances of the City of Dubuque, IA by enacting new Sections 1-20 through 1-25 thereof providing a procedure for the conduct of Hearing appeals by Boards and Commissione, presented and read. Council Member Krunfeldt moved that the proof of publication be receiv- ed and filed. Seconded by Council Mem- ber Krieg. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfeldt, Manning. Nays-- Council Member Dalch. Absent--Mayor Brady, Council Member Delch. Council Member Kronfeldt moved that this be the second reading of an ORDINANCE Amending the Code of Ordinances of the City of Dubuque, IA by enacting new Sections 1-20 through 1-25 thereof pro- riding a procedure for the conducting of Hearing Appeals by Boards and Com- missions (lst reading given 7/20). Seconded by Council Member Krieg, Carried by the following vote: Yeas-- Council Members Kluesner, Krieg, Kronfeldt, Manning. Nays--Council Member Dalch. Absent--Mayor Brady, Council Member Simon. Proof o£ publication, on Notice of pro- posed Ordinance Amending the Code of Ordinances of the City of Dubuque, IA by enacting a new Section 2-188 thereof and authoff~zing the Civil Service Com- mission to adopt its own rules govern- ing the conduct of Hearing Appeals, presented and read. Council Member Kronfaldt moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfeldt, Manning. Nays-- Council Member Dalch. Absent--Mayor Brady, Council Member Simon. Council Member Kronfaldt moved that this be the 2nd reading of an ORDINANCE Amending the Code of Ordinances of the City of Dubuque, IA by enacting a new Section 2-188 thereof authorizing the Civil Service Commission to adopt its own rules governing the conduct of Hearing Appeals (1st reading given on 7/20). Seconded by Council Member Krleg. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfeldt, Manning. Nays-- Council Member Deich, Absent--Mayor Brady, Council Member Simon. Communication of City Manager sub- mitting recommendation to award con- tract for Keyline ~analt System to Geisler Brothers Ca Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Council Members Deich, Kluesner, Krieg, Manning. Nays-- Council Member Kronfeldt. Absent-- Mayor Brady, Council Member Simon. RESOLUTION NO. 228-87 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Ventilation System for Keyline qlmnalt Facility pursuant to Resolution No. 164-87 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of June, 1987. WHEREAS, said sealed proposals were opened and read on the 2nd day of July, 1987 and it has been determined that the bid of Geisler Brothers Co. of Dubuque in the amount of $177,120.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement to be awarded to Geisler Brothers Ca and the Manager be and is Regular Session AuguSt 3, 1987 hereby directed to execute a contract on behaff of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of August, 1987. , . Loras J. Kluesner Mayor Pro-Tern ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Manning. Nays--Council Member Kronfeldt. Absent--Mayor Brady, Council Member Simon. Cormmunicution of City Manager recommend, lng approval of a Resolution authorizing the filing of a Community Economic Betterment Account Grant Application on behalf of Carlisle Com- municatons, Ltd., presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the renewing vote: Yeas-- Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays None. Absent Mayor Brady, Council Member Simon. RESOLUTION NO. 2294]7 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT GRANT APPLICATION ON BEHALF OF CARLISLE COMMUNICATIONS, LTD. WHEREAS, Carlisle Communica- tions, Ltd., has proposed the relocation and expansion of its existing publishing operations to the Dubuque Industrial Center; and 323 WHEREAS, the City Council of Dubuque, Iowa has considered said pro- ~osal and has determined that it will contribute to the local economy; and WHEREAS, the Community Econ- omic Betterment Account (CEBA) pro- gram has been created by the Iowa Department of Economic Development to assist in the economic development ef- forts of local jurisdictions; and WHEREAS. the City of Dubuque, Iowa is eligible to apply for funding from the Community Economic Betterment Account Program as defined in House File 225, Acts of the 71st General Assembly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an applica- tion for participation in the Iowa Com- munity Economic Betterment Account program in behalf of Carlisle Com- munications is approved. Section 2. That the City Manager be and he is hereby authorized to execute and submit said application to the State of Iowa Development Commission and other appropriate agencies together with such documents as may be required. Passed, approved and adopted this 3rd day of August, 1987. Mayor Pro-Tem Aq~rES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Simon. RESOLUTION NO. 230.87 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the prc~ visions of law relating to the sale of Cigarettes within the City of Dubuque, 324 Iowa, be granted a permit to sell Cigaret- tes and Cigarette Papers within said City. Regular Session August 3, 198~7 Mary A. Davis City Clerk PerlewRz, Inc. Oky Doky #11 1101 Rhomberg Ave. Passed, approved and adopted this 3rd day of August, 1987. Loras J. Kluesner Mayor Pro.Tern ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Simon. RESOLUTION NO. 231-87 WHEREAS, Applications for Beer Permits have been submitted and filed to tl~s Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have flied pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Mulgrew Oil Co. Amoco Foodshop 1450 Loras Blvd. (Also Sunday Sales) Perlewltz, Inc. Oky Doky #11 1101 Rhomberg Ave. (Also Sunday Slaes) Passed, approved and adopted this 3rd day of August, 1987. Loras J. Kluesner Mayor Pro-ibm ATTES~ Council Member Manning moved adoption of the Resolutinn. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Kronfaldt. Nays--None. Absent--Mayor Brady, Council Member Simon. RESOLUTION NO. 232-87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Patricia A. Crocker King of Clubs 1902 Central Ave. Passed, approved and adopted this 3rd day of August, 1987. Loras J. Kinesner Mayor Pro-Tern ATTESt. Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krleg, Kronfaldt. Nays--Nong Abeent--Mayor Brady, Council Member Simon. Printed Council Proceedings for January, February and March, 1987, pre- sented and read. Council Member Man- aing moved that the proceedings be ap- proved as printed. Seconded by Council Member Deich. Carried by the following Regular Session vote: Yeas-Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent-Mayor Brady, Council Member Simon. MINUTES SUBMITTED: Airport Comm. of 7-7, Civil Service Comm. of 6-24; Fourth Street Peninsula Commit- tee Meetings of 6-24, 7-8, 7-24; Electrical Examining Bd. of 7-20; Fire Retirement Bd. of 5-29; Human Rights Comm. of 7-13, 7-20; Dubuque In-Futura, Inc. Boaril of Director of 7-15; Park & Recrea- tion Comm. of 7-15; Keyline q~ansit Ea~ nings Statement and Stats; and Zoning Bd. of Adjustment of 7-7, presented and read. Council Member Manning moved that the minutes be received and filed. Seconded by Councll Member Deich. Carried by the fuRewing vote: Yeas-- Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays-None. Absent- Mayor Brady, Council Member Simon. NOTICES OF CLAIMS/SUITS: Ed- wina Albright in unknown amt. for vehi- cle damages; Michael K. Freihoefer for est. rant. of $100 for vehicle damages; LaVer ne Strohmeyer for $151.84 for vehi- cle damages; Notice of Appeal to Iowa Supreme Court by John W. Moore: Notice Regarding Estate of Gerald A. Renne conveyance of real estate to American Tr~st & Savings Bank; Notice by John W. Moore in the Supreme Court of IA giving interlocutory appeal notice to District Court of Iowa; Mary Lou Mauss in amt. of $194.18 for sewer back- up damage, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation and repert. Seconded by Council Member Dalch. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Krieg, Krordeldt. Nays--None. Absent- Mayor Brady, Council Member Simon. Communication of The Finley Hospital requesting an Ordinance for Finley's helipad directional arro;~ presented and read. Council Member Manning moved that the communication be referred to the City Manager. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deicl~ Kluesner, Krieg, Kronfeldt, Nays--None. August 3, 1987 325 Absent--Mayor Brady, Council Member Simon. Communication of City Manager transmitting a Certificate of Insurance from the Dubuque Racing Assn. pro- riding evidence of coverage, presented and read. Council Member Manning moved that ,he commuication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Council Members Deich, Kfuesner, Krieg, Krordeldt. Nays--None. Absent-- Mayor Brady, Council Member Simon. REFUNDS REQUESTED: God- father's Pizza reques~ng $150 refund on Class "B" Beer Permit, presented and read. Council Member Manning moved that the refund be approved and Finance Director to issue the proper check. Seconded by Council Member Diech. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Krieg, Kronfaldt. Nays--Nong Absent-- Mayor Brady, Council Member Simon. NOTICE from DOT of Air Wisconsin, Inc;s intent to suspend service between Waterloo, Dubuque and Chicago, pre- sented and read. Council Member Manning moved that the notice be received and filed. Second- ed by Council Member Deice Carried by the following vote: Yeas--Council Members Deinh. Kluesner, Krieg, Kronfaldt. Nays--None. Absent--Mayor Brady, Council Member Simon. Communication of Dubuque County Auditor requesting suspension of real estate taxes of two citizens, presented and read. Council Member Manning moved that the communicatinn be received and fil- ed and approved suspensions. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Khiesner, Krieg, Kronfeldt. Nays--Nona Absent--Mayor Brady, Council Member Simon. Communication of City Manager transmitting Financial Reports for June, 1987, presented and read. 326 Regular Session, August 3, 1987 Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--None. Absent--Mayor Brady, Council Member Simon· Communication of Transit Trustee Board submitting a survey on Keyllne, partially completed by ECIA, respon- ding to possible merit of '"Subscription Service', presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Council Members Deich, Khieaner, Krieg, Krunfeldt. Nays--Nona Absent-- Mayor Brady, Council Member Simon· Communication of IDOT requesting local participation in their rail, river, air and transit program, presented and read. Council Member Manning moved that the communication be received and ill- ed. Seconded by Council Member Daich. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Krieg, Kronfeldt. Nays--Nun~ Absent-- Mayor Brady, Council Member Simon. Communication of M.J. Langkamp of 2977 Wildwood requesting help in elimination of water flow damage from westeide streets, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Council Members Deich, Kineaner, Krieg, Kronfeldt. Nays--Non~ Absent-- Mayor Brady, Council Member Simon. Copy of communication by Patricia L. Cart to Congressman Tauke expressing concerns of St. Joseph Street neigh- borhod as to Final Environmental Im- pact Statement for Highway 20 (Dodge) from Concord St. to just west of Bluff St., presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Delch. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Krieg, Kronfaldt. Nays--None. Absen~ Mayor Brady, Council Member Simon. Communication of City Manager sub- mitting documents for the acceptance of removal of silt from 32nd St. Detention Basin, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Council Members Deich, Kluesner, Krieg, Kronfaldt. Nays-None. Absent-- Mayor Brady, Council Member Simon· RESOLUTION NO. 233-87 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Removal of Slit from the 32nd Street Detention Basin has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- darien of the City Manager be approv- ed and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the CiW Treasurer be and he is hereby directed to pay to the contractor from the Capital Improvement Program in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, approved and adopted this 3rd day of August, 1987. Loras J. Kluesner Mayor Pro-Tern ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the l~esolutian. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Klueaner, Krieg, Kronfeldt. Regular Session August 3, 1987 327 Nays--Nons Absent--Mayor Brady, Council Member Simon. RESOLUTION NO. 234-87 FINAL ESTIMATE WHEREAS, the contract for the Removal of Silt from the 32nd Street Detention Basin has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec$1on 1. That the cost of said im- provement is hereby determined to be $34,536.41 and that said amount shall be paid from the Capital Improvement Program of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of August, 1987, Lores J, Kluesner Mayor pro-Tern ATTE S~. Mary A. Davis City Clerk Council Member Manning moved adoption of the R~alution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Council Members Deich, Kineaner, Kring, Kronfaldt. Nays--None. Absent--Mayor Brady, Council Member Simon. Communication of City Manager transmitting the Quarterly Investment Report AND Communication of City Manager transmitting the Annual In- vestment Report, presented and read. Council Member Manning moved that the communications and reports be received and filed. Seconded by Council Member Dcich. Carried by the following vote: Yeas--Council Members Deich Kluesner, Krieg, Kronfeldt. Nays-None. Absent--Mayor Brady, Council Member Simon. Mr. Jerry Juergens of 2155 Clarke Drive requested that street work not be assessed to adjacent property owners. There being no further business, Coun- :il Member Manning moved to adjourn. Seconded by Council Member Krieg. Carried by tho following vote: Yeas-- Council Members Deich. Klueaner, Krieg, Kronfeldt. Nays--Nons Absent-- Mayor Brady, Council Member Simon. Meeting adjourned at 8:25 p.m. Mary A. Davis City Clerk Approved 1988 Adopted 1988 Mayor Council Members ATTES~ City Clerk 328 Regular Session CITY COUNCIL OFFICIAL l~gul~ Session, August 17, 1987 Council met at 7:30 p.m., at the Public Library Auditorium. Present -- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Mannlng, Simon, City Manager W. Kenneth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Mayor Brady road the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Pastor Rick Thompson of Hope Evangelical Church. PROCLAMATIONS: August 20th as "Hospital Pharmacy Day" and the third week of August as "Hospital Pharmacy Week" received by Macy Koerperick from Finley Hospital and Kathy Kueter from Mercy Hospital; Month of Septem- ber as "Constitution Month" received by Jim Maas and Jim Wall from Eagle Food CenterS; September 7-12 as "Union Label Week" received by Wm. Blakeman. RESOLUTION NO. 235-87 MEMORIALIZING THE LIFE OF JOHN P, PETRAKIS WHEREAS, on Saturday, August 1, 1987, John E Petrakis departed this life leaving a legacy that dates back to the 1930%; and WHEREAS, John P. Petrakis, known as "Johnny" to his many friends, was a man of faith and vision armed with in- gennlty, energy and boldness which made his dream of minor league basdball in Dul~uque a reality; and WHEREAS, the City of Dubuque is gratefl~l for the lifetime contributions of Johnny Petralds to advance competitive sporteias a member of the Dubuque Recreation Commission for eighteen years; and WHEREAS, the outspokenness and ~7, 1987 leadership of Johnny Petrakis can be rekindled in the lives of others that the impossible can come true even in the face of heavy odds; and WHEREAS, the many recognitions received by Johnny Petrukis were impor- tant milestones and included among other achievements "Executive of the Year" for minor leagues by the Sporting News in 1956, election to the "Dubuque Softball Hall of Fame" in 1985, roccipt of the Boys' Club "Man Behind the Boy" award in 1958, and the Jaycee "Service to Humanity" award in 1961. NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque expresses its con- dolences to Delores Petrakfe, wife of John P. Petrakis for forty, nine years, and its thanks for her contribution in shar- ing and supporting Johnny's dreams and accomplishments. Section 2. That the City Clerk is hereby authorized and directed to pro- vide a certified copy of this resolution to Delores Pctrakis. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specifications for construction of Pennsylvania Ave. Storm Sewer, pre- sented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Coandl Member Kluesner moved that the proof of publication bo received and Regular Session August 17, filed, Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kinesner, Krieg, Kronfeldt, Simon. Nays--None. RESOLUTION NO. 236-87 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 29th day of July, 1987, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuqu~ Iowa, for the Pennsylvania Avenue Storm Sewer; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF TI~E CITY OF DUBUQUE, IOWA: That~ the said plans, specifications form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said projec~ Passed, approved and adopted this 17th d~y of August, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, !Kronfaldt, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receip} of Bids for the project AND Communication of City Manager recom- mending to award contract for project to Muliinlx, Inc. (20.32% under estimate), presented and read. ComicAl Member Kluesner moved that the proof of publication and communica- tion be received and filed. Seconded by Council Member Simon. Carried by the fullowipg vote: Yeas--Mayor Brady, 1987 329 Council Members Deich, Khiesner, Krieg, Kranfeldt, Simon. Nays--None. RESOLUTION NO. 237-87 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Pennyslvania Avenue Storm Sewer pur- suant to Resolution No. 226-87 and notice to bidders published in a news- paper published in the City of Dubuque, Iowa on the 6th day of August, 1987. WHEREAS, said sealed proposals were opened and road on the 11th day of August, 1987, and it has been determin- ed that the bid of Mullinnlx, Inc. of Dubuque in the amount of $54,670.30 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above im- provement be awm~ded to Mullinnix, Inc~ and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contrac, t and the approval of the contractor s bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Simon. Nays--Nong Proof of publication, certified to by the Publisher, on Notice of Public Hearing 330 Regular Session to rezone property located south of Cedar Cross Road Bridge and east of Cedar Cross Road from AG Agricultural District to CS Commercial Service and Wholesale District, presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfaldt, Simon. Nays--None. Communication of Aggie Kramer, Planning Technician, requesting Coun- cil to defer Public Hearing to September 8, 1987 due to legal requirement of Zen- lng Ordinance not being met by the Peri- tioner AND an ORDINANCE Amend- lng Zoning Ordinance of the City to reclassify above described property from AG to CS, presented and read. Council Member Kluesner moved that this be deferred to the meeting of September 9-8. Seconded by Council Member Simon. Carried by the follow- lng vote; Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Communication of City Manager recomteending to vacate a portion of Main Street near its intersection with Madison Street, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Simon. Nays--Non~ RESOLUTION NO. 238-87 RESOLUTION APPROVING PLAT OF A VACATED PORTION OF MAIN STREET AT ITS INTERSECTION WITH MADISON STREET. WHEREAS, there has been presented to the City Council of the City of Du- buque' Iowa a plat dated April 27, 1987 prepared by IIW Associates, PC., Du- buque' Iowa, describing the vacated per~ tion of Main Street at its intersection with Madison Street; and A_.~_gust 17, 1987 WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated April 27, 1987 prepared by IIW Associates, P~ relative to the real estate hereinabove described be and the same is hereby ap- proved, and that the Mayor and City Clerk be and they are hereby authoriz- ed and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES'E Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayer Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt. Simon. Nays--None. An ORDINANCE Vacating a portion of Main Street at its intersection with Madison Street, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 8th day of September, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kiuesner, Krieg, Kranfaldt, Man- ning, Simon. Nays--None. Regular Session RESOLUTION NO. 239-87 RESOLUTION DISPOSING OF CITY INTEREST IN LOT lA OF CITY LOT 673 IN THE CITY OF DUBUQUE, IOWA WHEREAS, Dennis M. Ryan has re- quested the vacating of a portion of Main Street at its intersection with Madison Street in the City of Dubuque, Iowa; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa has prepared and sub- mitted to the City Council a plat show- ing the vacated portion of Main Street and assigned a lot number thereof, which hereinafter be known and described as "Lot lA of City Lot 673" in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City o~ Dubuque, Iowa has determined that this portion of Main Street is no longer required for public use, and vacating and sale of said portion of Main Street known as "Lot lA of City Lot 673" in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot lA of City Lot 673 in the City of Du- buque' Iowa. Section 2. That tho conveyance of Lot IA of City Lot 673 in the City of Du- buque' Iowa be contingent upon the peti- tioners payment of $200.00 plus plat, ting, publication and filing fees. ' Section 3. That the City reserves un- to itself a perpetual easement including the right of ingress and egress there~x~ for the purpose of reconstructing, repai~ lng, modifying, owning, operating, and maintaining water, sewer, drainage, gas. telephone' TV. cable and electric lines as may be currently authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate in a manner as prescribed by law. August 17, 1987 331 Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~I!. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning & Zoning Commission approving rezoning request of Menard, Inn to rezone property located north of U.S. Highway 20 and east of McDonald Drive from AG Agricultural District to C-3 General Commoreial District, presented and read. Council Member Klueaner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--Non~ An ORDINANCE Amending Zoning Ordinance by reclassifying property north of U.S. Highway 20 and east of McDonald Drive from AG Agricultural District to C-3 General Commarcial District, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Pubhc Hear- lng be held on the proposed Ordinance on the 8th day of September, 1987 at 7:30 p.m. in the Public Library. Audi- torium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Kenneth Hindman, Chairperson of the Human Rights Commission, addressed 332 the Council regarding the Budget short- Iall and its implications for Human Rights protections for persons in the City. Council Member Simon moved to restore balance to the Human Rights Dept. at authorized funding. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Manning, Simon. Nays--Council Member Kronfeldt. Petition of Merlin Langkamp re- questing to address the Council regard- ing water problem in the ditch on Wildwood and West 32nd St., presented and read. Council Member Krieg moved that the petition be received and filed and refer- red to Staff. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Simon. Nays--None. Petition of Attorney Robert Bertsch, on behalf of Carl and Mary Ann Bur- bach, requesting to address the Council regarding inadequate water pressure within Buena Vista Subdivision 1 through 5, inclusive, presented and read. Council Member Simon moved that this matter be referred to Staff for evaluatior~ investigation and report back to Council. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kmnfeldt, Man- ning, Simon. Nays--Nona Petition of John Klauer requesting to address the Council regarding Ordinance pertaining to dangerous buildings, presented and read. Council Member Kluesner moved that the petition be received and flied. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Mr. Klauer spoke to the petition. ORDINANCE NO. 48-87 AN ORDINANCE AMENDING THE Regular Session August 17, 1987. CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING NEW SECTIONS 10-17 THROUGH 10-26 IN LIEU THERE- OF PROVIDING FOR A PROCE- DURE TO REMOVE OR REPAIR DANGEROUS BUILDINGS, THE CONDUCTING OF APPEALS FROM DECISIONS OF THE BUILDING OF- FICIAL, ASSESSING COSTS OF REMOVAL OF DANGEROUS BUILD- INGS AND IMPOSING PENALTIES FOR VIOLATIONS OF ORDERS OF THE BUILDING OFFICIAL, said Or- dinance having been published at the meetings of July 20 and August 3, )resented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 48-87 ~N ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 10-17 THROUGH 10-21 THEREOF AND ENACTING NEW SECTIONS 10-17 THROUGH 10-26 IN LIEU THERE- OF PROVIDING FOR A PROCE- DURE TO REMOVE OR REPAIR DANGEROUS BUILDINGS, THE CONDUCTING OF APPEALS FROM DECISIONS OF THE BUILDING OF- FICIAL, ASSESSING COSTS OF REMOVAL OF DANGEROUS BUILD- INGS AND IMPOSING PENALTIES FOR VIOLATIONS OF ORDERS OF THE BUILDING OFFICIAL. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowe, be amend- ed by repealing Sections 10-17 through 10-21 thereof and enacting new Sections 10-17 through 10-26 in lieu thereof as follows: ARTICLE II. DANGEROUS BUILDINGS Sec. 1047. Purpose and Scope. A. It is the purpose of this article to pro- vide a just, equitable and practicable methed to be cumulative with and in ad- dition to any other remedy provided by the Building Code, Housing Code or Regular Session August 17, 1987 333 otherwise available at law, whereby 2. Whenever the walking surface of buildings or structures which from any any aisle, passageway, stairway or other cause endanger the life, limb, health morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. B. The provisions of this article shall apply to all dangerous buildings, as herein defined, which are now in ex- istence or which may hereafter become dangerous in the City of Dubuque. C. All building 0~' structures which are required to be repaired under the provi- sions of this article shall be subject to the provisions of the Building Coda Sec. 10-18. Definitions. For the purpose of this article, certain terms, phrases, words and their deriva- tives shall be construed as specified in either this article or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. A. Building Code is the Uniform Building Cede promulgated by the In- ternational Conference of Building Of- ficiale, as adopted in Section 10-1 of the City of Dubuque, Code of Ordinances. B. Housing Cede is the City of Dubuque Residential Housing Code, as adopted in Section 20-1 of the City of Dubuque, Code or Ordinances. C. Dangerous Building. For the purpose of this article, any building or structure which has any or ail of the conditions or defects herein- after described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: 1. Whenever any door, aisle, passage- way, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and ade- quate means of exit in case of fire or panic. means of exit is so warped, worn, loose, torn or otherwise unsafe as to not pro- vide safe and adequate means of exit in case of fire or panic. 3. Whenever the stress in any mater- ials, member or portion thereof, due to all dead and live loads, is more than one and one halt times the working stress or stresses allowed hi the Building Code for new buildings or similar structure, pur- pose or location. 4. Whenever any portion thereof has been damaged by flve~ earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. 5. Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 6. Whenever any portion of a building, or any member, appurtenance or or- namentatinn on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fasten- ed in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, pur- pose or location without exceeding the working stresses permitted in the Building Code for such buildings. 7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other struc- tural portions have materially less resistance to winds or earthquakes than ~s required in the case of similar new construction. 8. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its Regular Session August 17, 1987 335 334 Regular Session foundation; or (e) any other cause, is like- ly to partially or completely collapse. 9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the puspose for which it is being used. 10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the mid- dle one third of the base. 11. Whenever the building or struc- turc~ exclusive of the foundation, shows 33 percent or more damage or deteriora- tion of its supporting member or mem- bers, or 50 percent damage or deteriora- tion of its nonsupporting members, enclosings or outside walls or coverings. 12. Whenever the buHdlng or structure has been so damaged by fir~ wind, earth- quake or flood, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; (b) a harbor for vagrants or criminals; or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 13, Whenever any building or struc- ture has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as specified in the Building Code or Hous- ing Cede, or of any law or ordinance of this state or city relating to the condi- tion, location or structure of buildings. 14. Whenever any building or struc- ture which, whether or not erected in ac- cardance with all applicable laws and dinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occu- panry in the same location. 15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate main- tenance, dilapidation, decay, damage, faulty construction or arrangement, in- adequate light, air or sanitation fac'dities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause a sickness or disease. 16. Whenever any building or struc- ture, because of obsolescence, dilapi- dated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wir- ing, gas connections or heating appar- atus, or other cause, is determined by the fire marshal to be a fire hazard. 17. Whenever any building or struc- ture is in such a condition as to con- stitute a public nuisance known to the common law or in equity jurisprudence. 18. Whenever any porU~on of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an at- tracUwe nuisance or hazard to the public. D. Building Official is the Building Set- vices Division Manager in the Depart- ment of Community Development. E. Fire Marshal is the Assistant Fire Chief/Fire Marshal in the Fire Depart. merit. F. Health Officer is the Housing Services Division Manager in the Department of Community Development. Sec. 10-19. Enforcement, A. The building official is hereby authorized to enforce the provisions of this article. B. The health officer, the fire marshal and the building official are hereby authorized to make such inspections and to take such actions as may be required to enforce the provisions of this article. C. Whenever necessary to make an in- spection to enforce any of the provisions of this article, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code vinlation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to in- spect the same or to perform any duty imposed upon the building official by this article, provided that if such building or premises be occupied, he shall first present proper credential~ and request entry; and' if such building or premises be unoccupied, he shay first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. "Authorized representative" shall include the officers named in this section and their authorized inspection per- D. AH buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this article are hereby declared to be pubHc nuisances and shall be abated by repair, rehabilitation, demoli- tion or removal in accordance with the procedure specified in this article. E. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge~ alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this article. F. All buildings or structures within the scope of this article and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this article and the Building Code. Sec. 10-20. Notices and Orders of Building Official. A. Whenever the building official has in- spected or caused to be inspected any buildlng and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation or demoli- tion of the building. B. The building official shah issue a notice and order directed to the record owner of the building, The notice and order shah contair~ L The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the building of- ficial has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under tile provisions of this articlg 3. A statement of the action required to be taken as determined by the building official. Ia) If the building offlciai has deter. mined that the building or struc- ture must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances. ( b ) If the building official has deter- mined that the building or struc- ture must be vacated, the order shah require that the bulding or structme shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable. ( c ) If the building official has deter- mined that the building or struc- ture must be demolished, the order shall require that the building be vacated within such time as the building official shah determine is reasonable (not to exceed 60 days from the date of the order); that all required pep mits be secured therefor within 60 days from the date of the order, and that the demolitinn be completed within such time as the building official shall deteo mine is reasonable. 336 Regular Session 4. Statements advising that if any re- quired repair or demolition work (with- out vacation also being required) is not commenced within the time specified, the building official (a) will order the building vacated and posted to prevent further occupancy until the work is com- pleted, and (b) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. 5. Statements advising (a) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the Building Code and Advisory Appeals Board, provided the appeal is made in writing as provid~ ed in this article and filed with the building official within thirty (30) days from the date of service of such notice and order; and (b) that failure to appeal will constitute a waiver of all right to an administrative hearing and determina- tion of the matter. C. The notice and order, and any amend- ed or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the building of- ficial or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encum- brance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served nor relieve any such person from any duty or obligation imposed on him by the provisions of this section. D. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a cop~ of such notice and order by cer- tilled mall~ postage prepaid, return receipt requested, to each such person at their last known address. If no address of any such person is known to the building official, then a copy of the notice and order shah be so mailed, ad- dressed to such person, at the address of the building involved in the pro- August 17, 1987 ceodinge and a summary of the notice wad order shall be published in a newspaper as defined in Section 618.3 of the Iowa Code published in and having general circulation in the City. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. E. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the per- sons affecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, or affidavit of publication, shall be affixed to the copy of the notice and order retained by the building official. Sec. 10-21, Repair, Vacation and Demo- lltlon A. The following standards shall be' followed by the building official (and by the Building Code and Advisory Ap- peals Board if an appeal is taken) in ordering the repair, vacation or demoli- tion of any dangerous building or structure: 1. Any building declared a dangerous building under this ordinance either shall be repaired in accordance with the current building code or shall be demol- ished at the option of the building owner. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. B. Every notice to vacate shall, in addi- tlon to personal service or mall service, be posted at or upon each exit of the building and shall be in subs~ntially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is unlawful to occupy this building or to remove or deface this notice Building Official Regular Session C. Whenever such notice is posted, the building official shah include a notifica- tion thereof in the notice and order issued by him reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made te repair, demolish or remove such building under permit. No person shun remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupan- cy issued pursuant to the provisions of the Building Code~ Sec. 10-22. Appeal. A. In qrder to provide for reasonable in- terprel~atinn of the provisions of this ar- ticle, any person entitled to service of a notice and order under this article may appeal from any notice and order or any action of the building official under this article by filing at the office of the building official a written appeal to the Building Code and Advisory Appeals Board containing: 1. A brief statement setting forth the legal interest of the appellant in the building or the land involved in the notice and order. 2. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 3. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the pro- tested order or action should be revers- ed, modified or otherwise set aside. 4. The signatures of all parties named as appellants and their official mailing addresses. 5. The verification of the appellant as to the truth of the matters stated in the appeal. B. The appeal shall be filed within ten (10) days from the date of service of such order or action of the building official. C. Upon receipt of any appeal filed put- A_~.~ust 17, 1987 337 suant to this section, the building official shall present it at the next regular or special meeting of the Building Code and Advisory Appeals Board. D. As soon as practicable after receiving the written appeal, the Building Code and Advisory Appeals Board shall fix a date, time and place for the hearing of the appeal by the board. Such date shall be not less than ten (10) days nor more than thirty (30) days from the date the appeal was filed with the building of- ficial. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be dalivred to the appellant personally or by mailing copy of such notice by certified mall, postage prepaid, return receipt re- quested, addressed to the appellant at his address shown on the appeal. E. Failure of any person to file an appeal in accordance with this section shall con- stitute a waiver of his/her right to an ad- ministrative hearing and adjudication of the notice and order or any portion thereof. E Only those matters or issues speci- fically raised by the appellant shall be considered in the hearing of the appeal. G. Except for vacation orders, enforce- ment of any notice and order of the building official issued under this arti- cle shall be stayed during the pendency of an appeal therefrom which is proper- ly and timely filed. Sec. 10-23. Procedure for Conduct of Hearing Appeals. The conduct of hearing appeals filed with the Building Code and Advisory Appeals Board shall be governed by Sec- tions 1-20 through 1-25 of the City of Dubuque, Code of Ordinances. Sec. 10-24. Enforcement of the Order of the Building Official or the Building Code and Appeals Board. A. After any order of the building official or the Building Code and Advisory Ap- peals Board made pursuant to this art- icle shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. 338 Regular Session August 17, 1987 B. If, after any order of the building of- ficial or Building Code and Advisory Ap- peals Board made pursuant to this arti- cle has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (1) cause such person to be prosecuted under Subsection (a) of this section or (2) institute any appropriate action to abate such building as a public nuisance. C. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this article becomes effective: 1. The building official shall cause the building described in such notice and order to be vacated by pasting at each entrance thereto a notice reading: DANGEROUS BUILDING DO NOT OCCUPY It is unlawful to occupy this building, or to remove or deface this notice. Building Official 2. No person shall occupy any building which has been posted as specified in this subsection. No person shaH remove or deface any such notice so posted un- til the repairs, demolition or removal ordered by the building official have been completed and a Certificate of Occupan- cy issued pursuant to the provisions of the Buliding Code. 3. The building official may, in addi- tion to any other remedy herein provid- ed, cause the building to be repaired to the extent necessary to correct the con- ditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demoli- tion work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this ar- ticie. Any surplus realized from the demolition thereof, over and above the cost of demolition and of cleanfug the lot, shah be paid over to the person or per- sons lawfully entitled thereto. D. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the building of- ficial rosy, in his discretion, grant an ex- tension of time. not to exceed an eddi- tional 120 days, within which to com- plete said repair, rehabilitation or demoli- tion, if the building official determines that such an extension of time will not create or perpetuate a situation im- minently dangerous to life or proper~. The building official's authority to ex- tend time is limited to physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal his notice and order. E. No person shall obstruct, impede or interfere with any officer, employee, con- tractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this article, whenever such officer, employee, contractor or authorized representative of this juris- diction, person having an interest or estate in such building or structure, put- suant to the provisions of this article, or in performing any necessary act pre- limfuary to or incidental to such work or authorized or directed pursuant to this articl~ Sec. 10-25. Performance of Work of Repair or Demolition. A. When any work of repair or demoli- tlon is to be done pursuant to Se~ 10-24, C 3, the work shall be accomplished by City personnel or by private contract under the direction of the building of- ficiai. Plans and specifications therefor may be prepared by the building official or be/sbe may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be ac- complished by private contract, stan- dard public works contractual pro- cedures shaH be followed. B. The Cost of such work shall be made a special assessment against the proper- ty involved. Sec. 10-26. Recovery of Cost of Repair or Demolition. Regular Session A. The building official shall keep an itemized account of the expense incur~ red in the repair or demolition of any building done pursuant to the provisions of this article. Upon completion of the work of repair or demolition, the building official shall prepare and certify the ac- tual cost to the City Clerk who, in turn, shall certify such cost to the County Treasurer, and it shaH then constitute a lien against said property and be col- lected with and in the same manner as general property taxes on said property. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTE Sq!. Mary A. Davis City Clerk Published officially in the qblegraph Herald newspaper this 25th day of August, 1987. Mary A. Davis City Clerk it 8/25 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Ma~ing, Simon. Nays-- Council Member Deich, ORDINANCE NO. 49-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING NEW SECTIONS 1-20 THROUGH 1-25 THEREOF PRO- V/DING A PROCEDURE FOR THE CONDUCT OF HEARING APPEALS BY BOARDS AND COMMISSIONS, said Ordinance having been presented and read at the meetings of July 20 and August 3, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 49-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING NEW SECTIONS 1-20 THROUGH 1-25 THEREOF PRO- VIDING A PROCEDURE FOR THE August 17, 1987 339 CONDUCT OF HEARING APPEALS BY BOARDS AND COMMISSIONS. NOW, THEREFORE, BE IT OP~ DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, lows, be amend- ed by enacting new Sections 1-20 through 1-25 thereof as follows: ARTICLE III. PROCEDURE FOR CONDUCT OF HEARING APPEALS BY BOARDS AND COMMISSIONS Sec. 1-20. PURPOSE AND INTENT. (a) It is the purpose of this Article · to establish an orderly, efficient and ex- peditinus process for boards and com- missions of the City to execute in the conduct of hearing appeals. (b) The provisions of this Article shall apply to all boards and commis- sions of the City authorized to conduct appeals unless a different procedure is specified for a particular board or com- mission by the Code of Ordinances of the City or by the Iowa Code. SEC. 1-21. GENERAL. (a) Record. A record of the entire pro- ce~dings shah be made by tape recording or by any other means of permanent recording determined to be appropriate by the board or commission. (b) Reporting. The proceedings at the hearing may also be reported by a court reporter at the expense of any party. (c) Continuances. The board or com- mission may grant continuances for good cause shown. (d) Oaths -- Certification. The board or commission or any member thereof has the power to administer oaths and affirmations. (e) Reasonable Dispatch. The board or commission and its representatives shall proceed with reasonable dispatch to con- clude any matter before it. Due regard shah be shown for the convenience and necessity of any parties or their repre- sentatives. 340 Regular Session, August 17, 1987 SEC. 1-22. FORM OF NOTICE OF HEARING. The notice to appellant shall be substantially in the following form, but may include other information: "You are hereby notified that a lng will be held before (insert name of board or commission) at__. on the ___ day of__, 19 , at the hour __., upon the notice and order served upon you. You may be present at the bearing. You may be, but need not be, represented by counsel. You may pre- sent any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (insert name of board or commission)." SEC. I~3. SUBPOENAS. Filing of Affidavit. The board or com- mission may issue a subpoena for the at. tendance of witnesses or the production of other evidence at a hearing upon the request of a member of the board or com- mission or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the pro- posed witness; specifies the exact things sought to be produced and the material- ity thereof in detail to the issues involv- ed; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any par ticular. SEC. 1-24. CONDUCT OF HEARING. (a) Rules. Hearings need not be con- ducted according to the technical rules relating to evidence and witnesses. (b) 0ral Evidence. Oral evidence shall be taken only on oath or affirmation. (c) Hearsay Evidence. Hearsay evi- dence may be used for the purpose of supplementing or explaining any direct evidence, but shah not be sufficient in itself to support a finding unless it would be admissible over objection in civil ac- tions in courts of competent jurisdiction in this state. (d) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which respon- sible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make im- proper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. (e) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shell be excluded. (f) Rights of parties. Each party shall have these rights, among others: 1. To cell and exo~nlne witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To cross-examine opposing wit- the issues of the hearing; 4. To impeach any witness regard- less of which party first called him to testify; 5. To rebut tha evidence against him; and 6. To represent himseff or to be represented by anyone of his choice who is lawfully permitted to do s(x (g) Official Notice. 1. What may be noticed. In reach- ing a deelsion, official notice may be taken, either before or after submission of the case for deel- sion, of any fact which may be judicaily noticed by the courts of this state or of official records of the board or commission or de- partments and ordinances of the city or rules and regulations of the board or commission. 2. Parties to be notified. Par~es pre- sent at the hearing shall be in Regular Session formed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended theret(x 3. Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the official- ly noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the board or commission. (h) Inspection of the premises. The board or commission may inspect any building or premises involved in the ap- peal during the course of the hearing, provided that: 1. Notice of such inspection shall be given to the parties before the in- spection is made; 2. The parties are given an oppor- tunity to be present during the inspection; and 3. The board or commission shall state for the record upon comple- tionpf the inspection the mater- ial facts observed and the conclu- sions drown therefrom. Each par- ty then shall have a right to rebut or explain the matters so stated by the board or commis- sion. SEC. 1-25. METHOD AND FORM OF DECISION. (a) Hearing Before Board. Where a contested case is heard before the board or commission, no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision. (b) Form of Decision. The decision shall be in writing and shall contain find- ings of fact, a determination of the issues presented, and the requirements to be complied with. A copy 9f the decision shall be delivered to the appellant per- serially or sent to him by certified mail postage prepaid, return receipt re- quested (c) Effective Date of Decision. The of- August 17, 1987 341 fective date of the decision shall be stated therein. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald Newspaper this 25th day of August, 1987. Mary A. Davis City Clerk It 8/25 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- Council Member Deich. ORDINANCE NO. 50-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA, BY ENACTING A NEW SECTION 2-188 THEREOF AUTHORIZING THE CIVIL SERVICE COMMISSION TO ADOPT ITS OWN RULES GOVERN- ING THE CONDUCT OF HEARING APPEALS, said Ordinance having been presented and read at the Council meeting of July 20 and August 3, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 50.87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 2-188 THEREOF AUTHORIZING THE CIVIL SERVICE COMMISSION TO ADOPT ITS OWN RULES GOVERN- ING THE CONDUCT OF HEARING APPEALS NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque~ Iowa be amend- 342 ed by enacting a new Section 2-188 thereof as follows: Regular Session, August 17, 1987 "Sec. 2,188. Procedure for conduct of hearing appeals. Notwithstanding Sections 1-20 through 1-25 of the City of Dubuque. Code of Ordinances, the Civil Service Commission shall adopt its own rules governing the procedure for the conduct of hearing appeals." Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the qblegraph Herald newspaper this 25th day of August, 1987. Mary A. Davis City Clerk it 8/25 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- Council Member Da-ch. An ORDINANCE Amending Code of Ordinances by enacting new Sections 33-125 through 33-131 thereto creating a Citizens' Street Advisory Committee and prescribing its purpose, compensa- tion, terms of office and its organize- tions, presented and read. Council Member Kronfaldt moved that this matter be tabled. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Co~nmunication of City Manager re- questing approval of Mutual Law En- forcement Aid Agreement with Du- buque County and the City of Asbury, presented and read. Council Member Kluesner moved that the communication be received and ill- ed. Seconded by Council member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning. Simon. Nays--None. RESOLUTION No. 240.87 A RESOLUTION APPROVING A MUTUAL LAW ENFORCEMENT AID AGREEMENT WITH DUB~ QUE COUNTY WHEREAS, Chapter 28E of the Iowa Code authorizes and encourages local governments to mak~ efficient use of the powers to provide joint services and facilities and to cooperate in other ways of mutual advantage; and WHEREAS, in the public interest of protecting life and property, it is necessary from tinge to time for Du- buque police officers to respond to situa- tions in areas outside of the city; and WHEREAS, it is proposed that the City of Dubuque enter into a Mutual Law En- forcement Aid Agreement with Du- buque County to formalize arrange- ments for City police officers to operate in areas outside of the city. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mutual Law En- forcement Aid Agreement by and be- tween City of Dubuque and Dubuque County is hereby approved. Section 2. That the Mayor be and is hereby authorized and directed to ex- ecute the Mutual Law Enforcement Aid Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by Regular Session the following vote: Yeas--Mayor Brady, Co~mcil Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Nong RESOLUTION NO. 241-87 A RESOLUTION APPROVING A MUTUAL LAW ENFORCEMENT AIDAGREEMENT WITH THEC~Y OF ASBURY WHEREAS, Chapter 28E of the Iowa Code authorizes and encourages local governments to make efficient use of the powers to provide joint services and facilities and to cooperate in other ways of mutual advantage; and WHEREAS, in the public interest of protecting life affd property, it is necessary from time to time for Du- buque police officers to respond to situa- tions in an incorporated area outside of the city; and WHEREAS, it is proposed that the City of Dubuque enter into a Mutual Law Enforcement Aid Agreement with the City of Asbury to formalize ar- rangemente for City police officers to operate in areas outside of the city. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mutual Law En- forcement Aid Agreement by and be- tween the City of Dubuque and the City of Asbury is hereby approved. Section 2. That the Mayor be and is hereby authorized and directed to ex- ecute the Mutual Law Enforcement Aid Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady August 17, 1987 343 Council Members Deich, Kluesner, Krieg, Kronfeldt, Msnning, Simon. Nays--None Communication of City Manager sub- mitting an Ordinance amending the criminal code portion of the Code of Ordinances, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. ORDINANCE NO. 51-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBQUE, IOWA, BY ENAC- TING NEW SECTIONS 26-1, 26-2, 26-3, 26-4, 26-5, 26-7 and 26-11 IN LIEU THEREOF PROVIDING FOR THE UPDATING OF THE CRIMINAL SECTIONS OF THE CODE OF OR- DINANCES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 514~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 264, 26-2, 26-3, 26-4, 26-5, 26-7, 26-9, 26-11 AND 26-16 THEREOF AND ENACTING NEW SECTIONS 26-1, 26-2, 26-3, 26-4, 26-5, 26-7 AND 26-11 IN LIEU THEREOF PROVIDING FOR THE UPDATING OF THE CRIMINAL SECTIONS OF THE CODE OF ORDINANCES NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, towo, be amend- ed by repealing Sections 26-1, 26-2, 26-3, 26-4, 26-5, 26-7, 26-9, 2641, and 26-16 thereof and enacting new Sections 26-1, 26-2, 26-3, 26-4, 26-5, 26-7 and 27-11 in lieu thereof as follows: SEC. 26-1. DISORDERLY CONDUCT. It shall be unlawful for a person to do any of the following:. 344 Regular Session August 17, 1987 (a) Engage in fighting or violent behavior or invite or defy another per- son to fight, provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport. (b) Make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood. (c) Willfully permit upon any premises owned, occupied, possessed or controlled by her/him any unusually loud or ex- cessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the nalghborhood. (d) Direct abusive language or make any threatening gesture which the per- son knows or reasonably should know is likely to provoke a violent reaction by another. (e) Without lawful authority or color of authority, disturb aay lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly, (i) Publicly use or display the flag of the United States in such a manner as to show disrespect for the flag as a sym- bol of the United States. (g) Without authority, obstruct any street, sidewalk, highway or other public way, (h) Without authority, solicit contribu- tions, distribute fiterature, or otherwise peddle or sell goods and services within the travelled portion of any roadway. "SEC. 26-2. RINGING OF BELLS, GONGS, ETC. It shall be unlawful for any person within the corporate limits of this city to ring or sound any bell, auction bell, gong. or similar device upon the streets or alleys within the city so as to disturb the peace. "SEC. 26-3. HARASSMENT OF CITY EMPLOYEES. (a) It shall be unlawful for any person to willfully prevent, resist or obstruct or attempt to prevent, resist or obstruct any police officer, member of the Fire Department or other City employee from the performance of any official duty. (b) It shall be unlawful for ~my person to communicate by any means, any threat of bodily or property harm to any police officer, member of the Fire Depart- ment or other City employee or to any member of their family during the course of, or asa result of, the performance of any official duty by said police officer, member of the Fire Department or City employee in which the police officer, member of the Fire Department, or City employee is identified as such· SEC. 26-4. FALSE AND FRAUD- ULENT REPORTS, It shall be unlawful for any person to intentionally give a false or fraudulent report of a crime, a fire, or an accident by calling any police officer, physician, hospital, ambulance service, or fire department, or by crying or sounding an alarm, or by performing any act cal- culated to cause such report or alarm, or to intentionally communicate false or fraudulent information with reference to a crime, a fire, or an accident to any police officer, physician, hospital, am- bulance, or fire department, or by words or action, initiate or circulate a report of warning of epidemic or other catas- trophe. "SEC. 26-5. REFUSING TO ASSIST A POLICE OFFICER. It shall be unlawful for any person to unreasonably refuse or neglect to render assistance when requested or ordered by a police officer to rend~ the police officer assistance in making or attempting to make an arrest or to prevent the commls- sion of any criminal act." "SEC. 26-7. USE OF BOWS AND ARROWS, SLINGSHOTS, ETC. It shall be unlawful for any person within the corporate limits of this city to use any slingshot of any kind, or to willfully or caralesaly throw any stone, stick or other misalIe in such a manner as to hit, injure or endanger any person, Regular Session, August 17, 1987 345 or window or other property, or for any person within the corporate limits of the city to hunt with a bow and arrow." "SEC. 2641. INDECENT EXPOSURE. It shall be unlawful for any person to expose the person's genitals, pubes or female breast nipples to another not the person's spous~ or commit a sex act in the presence of or in view of a third person." · - Passed, approved and adopted this 17th day of August, 1987 James E. Brady Major ATTES~ Mary A. Davis City Clerk Published officially in the qblegraph Herald newspaper this 26th day of August, 1987. Mary A. Davis City Clerk it 8/26 Council Member Kronfeldt moved that this be considered the first reading of the Ordinanc~ and that the require- ment that a proposed Ordinance be con- sidered and vote~d on for passage at two council meetings prior to the meeting at which it is to be finally adopted be. suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kfuesner, Krieg, Kronfaldt, Manning, Simon. Nays-- Council Member Deich. ORDINANCE NO. 52-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 25-162 AND 25-172 THEREOF AND ENACTING A NEW SECTION 25-172 IN LIEU THEREOF ESTABLISHING MOTOR TRUCK ROUTES AND PROHIBIT- ING MOTOR TRUCKS WITH A GROSS WEIGHT EXCEEDING TEN THOUSAND POUNDS (5 TONS) FROM TRAVELING ON RESIDEN- TIALLY ZONED STREETS, said O~ dinance having been presented and read at the Council Meeting of August 3, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 52-87 AN ORDINANCE AMENDING THE IODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 25-162 AND 25-172 THEREOF AND ENACTING A NEW SECTION 25-172 IN LIEU THEREOF ESTABLISHING MOTOR TRUCK ROUTES AND PROHIBIT- ING MOTOR TRUCKS WITH A GROSS WEIGHT EXCEEDING TEN THOUSAND POUNDS (5 TONS) FROM TRAVELING ON RESIDEN- TIALLY ZONED STREETS NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: "SEC. 25-172. MOTOR TRUCK ROUTES. (a) Motor trucks with a gross weight exceeding ten thousand pounds (5 tons) shall travel over marked highways when operating in the city and shall not depart from such marked highways except that any motor truck whose destination is in the city may depart from such highway at that point on the highway nearest to its destination and then proceed direct- ly to such destination. (b) Motor trucks whose trips originate within the city shall travel by the most direct route to that point on a marked highway nearest to such point of origin. (c) Motor trucks entering the city on an unmarked highway shall proceed to the nearest marked highway by the most direct route and then proceed to its destination, except when the destination lies between the point of entry into the city and the marked highway. (d) In order to assure the safe and e~- fialent movement of motor trucks in and through the city, the City Manager is authorized to designate mad establish by appropriate signs alternate motor truck routes. (e) The provisions of this section guve~ nfug the travel of motor trucks on 346. Regular Session, August 17, 1987 residential streets shall not apply to public or private carriers of passengers on tour, fixed, demand response or dial- a-ride routes or school or church buses:' Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES'P. Mary A. Davis City Clerk Published by order of the City Coun- cil given on the 17th day of August, 1987. Mary A. Davis City Clerk It 8/26 Council Member Kronfeldt moved that the requirement be waived that re- quires a proposed Ordinance to be con- sldered and voted on for passage at three Council Meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tlon of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Ordinance providing for reloca- tion of an existing directional arrow for the hospital's hell-pad onto the public right-of-way of Allison Place, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the Iollowing vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Man- ning, Simon, Nays--None. ORDINANCE NO. 53-87 AN ORDINANCE AUTHORIZING THE FINLEY HOSPITAL TO CON- STRUCT A CONCRETE DIRECTION- AL ARROW IN COMPLIANCE WITH FAA REQUIREMENTS FOR THE HOSPITAL HELI-PAD, presented and read. (OFFICIAL PUBLICATIONI ORDINANCE NO. 53-87 AN ORDINANCE AUTHORIZING THE FINLEY HOSPITAL TO CON- STRUCT A CONCRETE DIREC- TIONAL ARROW IN COMPLIANCE WITH FAA REQUIREMENTS FOR THE HOSPITAL HELI-PAD. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Finley Hospital as owners of the premises known as Finley Hospital, Dubuque, Iowa, and legally described as set forth in Exhibit "A" at- tached hereto be and it is hereby granted the revocable permit and authority to construct and maintain a concrete direc- tionai arrow as described in Exhibit "B" attached under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all ap- plicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on per- mittees' agreement to: (a) Assume any and all liability for damages to persons or propertY which may result from the existence, location, installation, construction or mainte- nance of said concrete directional arrow. (b) Pay on behalf of the City of Du- buque, all sums which the City of Du- buque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installa- tion, existence, cons~ructlon or mainte- nance of said concrete directional arrow sustained by any person or persons, caused by accident or otherwise to de- fend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, in- stallation, existence, construction or maintenance of said concrete directional arrow and ~o pay reasonable attorney fees therefore: and Regul_ar Session, August 17, 1987 (c) Indemnify and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, in- stallation, construction, maintenance and repair of the facility, work or inx- provement permitted herein, Section 4. That the permission herein granted is expressl~ ~onditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their suc- cessors in interest, as owners of the abut- ting property, shall Within ten (10) days after receipt of written notice from the City Manager, so to do, at their own ex- pense, remove said concrete directional arrow, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said concrete direc- tional arrow at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said concrete directional Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an ap- proval of the design, erection, location,. construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or pro- perty damage against the permittees arising out of or in any way connected with the location, installation, con- struction, design, repair and mainte- nance of the facility herein permitted. Section 6. This Ordinance shall be- come effective and the rights hereunder accrue to The Finley Hospital when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by accep- tance endorsed on this Ordinance. Secrion 7. That the City Clerk be and I~e is authorized and directed to file at permittees' expense a copy of this Or- 347 dinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk EXHIBIT A ~F REAL ESTATE Lot 1 of Lot 1 of Lot i of Finley Home Addition, in the City of Dubuque, Iowa, subject to au egress easement and park- lng agreement entered into between The Finley Hospital and Julian G. Nemmers and James A. Pearson on June 3, 1971, and recorded June 14, 1971, in Book of Deeds 205, pages 699, 700, and 701, Records of Dubuque County, Iowa; Lot 2 of Lot 2 of "Grandview-Delhi Street Place," in the City of Dubuque, Iowa, subject to an egress easement and parking agreement entered into between The Finley Hospital and Julian G. Nem- mere and James A. Pearson on June 3, 1971, and recorded June 14, 1971, in Book of Deeds 205, pages 699, 700 and 701, Records of Dubuque County, Iowa; Lot 2 of Lot 2 of Lot 2 of Boxleiter's Sub. of Lot 1 of Caroline Boxleiter's Sub. of Mineral Lot 160, in the City of Du- buque, Iowa, subject to an egress ease- ment and parking agreement entered in- to between The Finley Hospital and G. Nemmers and James A. Pear- son on June 3, 1971, and recorded June 14, 1971, in Book of Deeds 205, pages 699, 700, 701, Records of Dubuque Coun- ty, Iowa; Lot 2 of Lot l of Lot l of Lot 2 of Lot 2 of Boxleiter's Sub. of Lot 1 of Caroline Boxleiter's Sub. of Mineral Lot 160, in the City of Dubuque, Iowo~ subject to an egress easement and parking agreement entered into between The Finley Hoe- pitai and Julian G. Nemmers and James A. Pearson on June 3, 1971, and record- ed June 14, 1971, in Book of Deeds 205, 700, and 701, Records of Dubuque County, Iowa; Lot 2 of Lot 1 of Lot 1 of Lot I of Lot 2 of Lot 2 of Boxleiter's Sub. of Lot i of 348 Regular Session August 17, 1987 Caroline Boxleiter's Sub. of Mineral Lot 160, in the City of Dubuque, Iowa; The easterly 50 feet of Lot 2 of Lot 1 of Lot 1 of LOt 1 of Lot 1 of LOt 2 of LOt 2 of Boxleiter's Salx of Lot of Caroline Boxlaiter's Sub. of Mineral Lot 160 lying northerly of and abutting Lot 2 of Lot i of Lot 2 of Lot 2 of Boxlalter's Sub. of Lot 1 of Caroline Boxleiter's Sub. of Mineral Lot 160, in the City of Dubuque, Iowa; Lot 18 in Finley Home Addition, in the City of Dubuque, Iowa; Lot 26 in Finley Home Addition, in the City of Dubuque, Iowa; The westerly 50 feet of the easterly 150 feet of Lot 32A in Finley Home Ad- dition, in the City of Dubuque, Iowa; Lot 2 of Lot I of Lot i of Finley Home Addition, in the City of Dubuque, Iowa; together with the fallowing perpetual easemente as shown on plat certified by Carl E Barrels on April 9, 1975, and du- ly recorded in the Office of the Dubuque County Recorder on April 14, 1975, as Instrument No. 2357-75: ACCEPTANCE OF ORDINANCE NO. 53-87 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 53,87 hereby, for themselves, their successors or assigns, as owners of the abutting property, ac- cept the same and agree to be bound by the conditions and agreements herein contained to be performed by permittees. Dated August 19, 1987 THE FINLEY HOSPITAL By: (Signed) Stephen C. Hanson Published officially in the Telegraph Herald Newspaper this 31st day of August, 1987. Mary A. Davis City Clerk it 8/31 Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Ordinance providing for the enacting of rules and regulations to con- orm with the Iowa gift law, presented and read. Council Member Kronfaldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klueaner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 54-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING NEW SECTIONS 2-210 THROUGH 2-216 THEREOF PRO- VIDING FOR THE REPORTING OF THINGS OF VALUE GIVEN AND RECEIVED BY ELECTED AND APPOINTED OFFICIALS, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 54-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING NEW SECTIONS 2-210 THROUGH 2-216 THEREOF PRO- VIDING FOR THE REPORTING OF THINGS OF VALUE GIVEN AND RECEIVED BY ELECTED AND AP- POINTED OFFICIALS AND CITY EMPLOYEES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by enacting new Sections 2-210 through 2-216 thereof as follows: ARTICLE VI. RECEIPT OF THINGS OF VALUE Regular Session "SEC. 2-210. PURPOSE AND INTENT. (a) The purpose of this Article is to pfc- vide a framework for dealing with things of value given to and received by the Mayor, members of City Council, mem- bers of boards and commissions, and employees of the City. lb) The establishment of a clear set of rules for dealing with the receipt of things of value will avoid situations which could result, i~ potential em- barrassment or questions about the fairness, impartiality, objectivity, and professionalism of elected and appointed officials and City employees. (c) This Article conforms to the re- quirements of Chapter 66B of tim Code of Iowa. "Sec. 2-211. DEFINITIONS. When used in this Article, unless the context otherwise requires: (a) "Compensation" means any money, thing of value, or financial benefit con- ferred in return for services rendered or to be rendered. (b) "Member of a board or commis- sion'' means ~ person appointed by the Mayor with the approval of the City Council or appointed by the City Coun- cil to a board or commission of the City. ' (c) "Gift" means a rendering of money, property, services, discount, loan for- giveness, payment of indebtedness, or arrything else of value in return for which legal consideration of equal or greater value is not given and received, if the donor is in any of the fnllowing cate- gories; (1) Is doing or seeking to do business of any kind with the donee's agency. (2) Is engaged in activities which are regulated or controlled by the donee's agency. (3)Has interests which may be substantially and materially af- fected, in a manner distinguish- able from the public generally, August 17, 1987 349 formance of the donee's official duty. (4) Is a lobbyist with respect to matters within the donee's jut- isdiction. However, "gift" does not mean any of the following: ( 1 )Campaign contributions. ( 2 ) Informational material relevant to a public servant's official functions, such as books, pam- phlets, reports, documents, or periodicals, and registration fees or tuition not including travel or lodging, for not more than three days, at seminars or other public meetings conducted in this state, at which the public ser- vant receives information rele- vant to the public servant's of- ficial functions. Information or participation received under the exclusion of this paragraph may be applied to satisfy a continu- ing education requirement of the donee's regulated occupation or profession if the donee pays any registration costs exceeding thirty-five dollars ($35.00). ( 3 ) Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another per- son not so related. (4) An inheritance. ( 5 ) Anything available to or dis- tributed to the public generally without regard to official status of the recipient. (6) Actual expenses for food, bev- erages, travel, lo~ging, registra- tion, and scheduled entertain- ment of the donee for a meeting, which is given in return for par- ticipation in a panel or speaking engagement at the meeting. (7) Plaques or items of negligible resale value given as recognition for public services. 350 Regular Session ~ 17, 1987 (d) "hnmediate family members" means the spouse and minor children of a person required to file reports pursuant to this Article. (e) "Is doing business with the donee's agency" means being a party to any one or any combination of sales, purchases, leases, or contracts to, from, or with the City or any agency thereof. (f) Where the terms "the Mayor", member of City Council", "member of a board or commission" or "employee of the Airport Commission or Library Board of Trustees" are used in this A~ ticle, they include a firm of which any of those persons is a partner and a corpora- tion of which any of those persons holds ten percent or more of the stock either directly or indirectly, and the spouse and minor children of any of those persons. "SEC. 2-212. GIFTS SOLICITED OR ACCEPTED. (a) The Mayor, member of City Coun- cil, member of a board or commission, employee of the Airport Commission or Library Board of Trustees, or the per- son's immediate family member shall not, directly or indirectly, solicit, accept, or receive from any one donor in any one calendar day a gift or a series of gifts having a value of thirty-five dollars ($35.00) or more. (b) A person shall not, directly or directly, offer or make a gift or a series of gifts to the Mayor, member of City Council member of a board or commis- sion, or empfuyee of the Airport Com- mission or Library Board of Trustees in any one calendar day a gift or a series of gifts having a value of thirty-five dollars ($35.00) or more. A person shall not, directly or indirectly, join with one or more other persons to offer or make a gift or a series of gifts to the Mayor, member of City Council, member of a board or commission, or employee of the Airport Conunission or Library Board of Trustees in any one calendar day, ff the gift or series of gifts has a total value of thirty-five dollars ($35.00) or more. The thirty-five dollar ($35.00) limitation of this section applies separately to a person and the person's immediate fam- ily member. (c) A person may give and the Mayor, member of City Council, member of a board or commission, employee of the Airport Commission or Library Board of Trustees, or the person's immediate fam- ily member may accept in any one calen- dar day a gift or a series of gifts which has a value of thir ty4ive dollars ($35.00) or more and not be in violation of Sec- tion 68B.5 of the Code of Iowa if the gift or series of gifts is donated within thir- ty (30) days to a public body, a bona fide educational or charitable organization, or the Iowa Department of General Services. "SEC. 2-213. CITY EMPLOYEES. (a) The City Manager shall provide written guidelines for the receipt and reporting of things of value by City employees under the administrative con- trol of the City Manager and members of their immediate family. (b) The guidelines required by this sec- tion shall be approved by the City Coun- cfi and maintained on file in the office of the City Clerk. "SEC. 2-214. REPORTING OF GIFTS BY DONEE. (a) The Mayor, member of City Coun- cil, member of a board or commission, or employee of the Airport Commission or Library Board of Trustees, or the per- son's immediate family member shall disclose in writing on a report form pro- vided by the State of Iowa the nature, date, name of donor, and the name of such person as donee to which a gift or gifts were made where the gift or gifts exceed fifteen dollars ($15.00) in cumu- lative value in any one calendar day. However, the donee need not report food and beverage provided for immediate consumptinn in the presence of the donor. (b) A copy of the report disclosing the gift or gifts shall be filed in the office of the Dubuque County Auditor by the fib teenth (15th) day of the month following the month in which the gift has been received. "SEC. 2-215. REPORTING OF GIFTS BY DONOR. Regular Session, August (a) A donor of a gift to the Mayor, member of City Council, member of a board or commission, or employee of the Airport Commission or Library Board of Trustees, or the person's immediate fam- ily member shall disclose in writing on the form provided by the State of Iowa the nature, amount, date, the name of donor and the name of the donee of a gift or gifts made by the donor which gift or gifts exceeds fifteen dollars ($15.00) in cumulative value in any one calendar day. However, the donor need not report food and beverage provided for inm~ediate consumption in the presence of the donor. (b) A copy of the report disclosing the gift or gifts shall be filed by the donor with the Dubuque County Auditor by the fifteenth (15th)'day of the month following the month in which the gift has been received. "SEC. 2-216. DETERMINING VALUE OF GIFT. (a) In determining the value of a gift, an individual making a gift on behalf of more than one person shall not divide the value of the gift by the number of persons on whose behalf the gift is mada (b) The value of a gift to the donee is the value actually received. (c) For the purposes of the reporting requirements of this Article, a donor of a gift made by more than one individual. to one or more donees shall report the gift if the total value of the gift to the donee exceeds fifteen dallars ($15.00)." Section 2. That the City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Dubuque County Auditor. Passed, approved and adopted this 17th day of August, 1987 James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of August, 1987. Mary A. Davis City Clerk It 8/26 17, 1987 351 Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- t/on of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mltting two Ordinances setting forth ~rocedure for City Council and Council sitting as Board of Health to conduct Hearings brought on appeals to the City Council from decisions of the Council and/or City Manager. presented and read. Council Me~nber Kronfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 55-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING NEW SECTIONS 1-30 THROUGH 1-35 THEREOF PRO- VIDING FOR A PROCEDURE FOR THE CONDUCT OF EVIDENTIARY HEARINGS BY THE CITY COUN- CIL, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 55-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING NEW SECTIONS 1-30 THROUGH 1-35 THEREOF PRO- VIDING FOR A PROCEDURE FOR THE CONDUCT OF EVIDENTIARY HEARINGS BY THE CITY COUNCIL. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordinances of the City of Dubuque, Iowa, be amend 352 Regular Session August 17, 1987 ed by enacting new Sections 1-30 through 1-35 thereof as follows: ARTICLE IV. PROCEDURE FOR THE CONDUCT OF EVIDENTIARY HEARINGS BY THE CITY COUNCIL "SEC. 1-30. PURPOSE AND INTENT. (a) It is the purpose of this Article to establish an orderly, efficient and ex- peditious process for evidentiary hea~ ings before the City Council. (b) The provisions of this Article shall apply to a proceeding required by con- stitution, statute or ordinance to be determined by the City Council after an opportunity for an evidenttery hearing. "SEC. 1-3LGENERAL. (a) Record. A record of the entire pro- ecedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the City Council. (b) Reporting. The proceedings at the hearing may also be reported by a court reporter at the expense of any party. (c) Continuances. The City Council may grant continuances for good cause shown, (d) Oaths - Certification, The City Council or any member thereof has the power to administer oaths and affir- mations. (e) Reasonable Dispatch, The City CounCil and its representatives shat1 pro- ceed with reasonable dispatch to con- clude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their repre- sentatives. SEC. 1-32. FORM OF NOTICE OF HEARING. The notice to parties shall be substan- tially in the following form, but may in- clude other information: "You are hereby notified that an evi- dentiary hearing will be held before the Dubuque City Council at on the__ day of ,19__, at the hour___, upon the notice and order served upon you; You may be present at the hearing. You may be, but need not be, represented by counsel, You may pre- sent any relevant evidence and will be given full opportunity to cress-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses m~d the production of books, documents or other things by filing an affidavit therefor with the City Clerk:' SEC. 1-33. SUBPOENAS. Filing of Affidavit. The City Council may issue a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the City Council or upon the written demand of any partbc The is- suance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular. "SEC. 1-34. CONDUCT OF HEARING. (a) Rules. Hearings need not be con- ducted according to the technical rules relating to evidence and witnesses. (b) Oral Evidence. Oral evidence shall be taken only on oath or affirmation. (c) Hearsay Evidence. Hearsay evi- dence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a fin(ting unless it would be admissible over objection in civil ac- tions in courts of competent jurisdiction in this state. (d) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which respon- sible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make im- proper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Regular Session (e) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. (f) Rights of Parties. Each party shah have these rights, among others: (1) qb call and examine witnesses on any matter relevant to the issues of the hearing; (2)qb introduce documentary and physical evidence; ( 3 )qb cross-examind opposing wit- nesses on any matter relevant to the issues of the hearing; (4) qb impeach any witness regard- less of which party first called the witness to testify; (5)To rebut the evidence against him or her; and ( 6 ) qb represent himself or herself or to be represented by anyone of the party's choice who is lawful- ly permitted to do sa (g) Official Notice. ( 1 )What may be noticed. In reach- ing a decision, official notice may be taken, either before or after submission of the case for deci- sion, of an~ fact which may be judicially noticed by the courts of this state or of official records' of the City or its departments and ordinances of the City. (2)Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. (3) Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the offialal- ly noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the City Council. (h) Inspection of the premises. The City Council may inspect any building August 17, 1987 353 or premises involved in the appeal dur- ing the course of the hearing, provided that: (1) Notice of such inspection shall be given to the parties before the inspection is made; (2) The parties are given an oppor- tunity to be present during the inspection; and ( 3 ) The City Council shall state for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the City Council. "SEC. 1-35. METHOD AND FORM OF DECISION. (a) Hearing before the City Council where a contested case is heard before the City Council, no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision. The City Council may designate a member or members to preside over the receipt of evidence. Such member or members shall prepare findings of fact for the City Council. (b) Form of Decision. The decision shall be in writing and shall contain fin- dings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the deci- sion shall be delivered to the parties pe~ sonally or sent to them by certified mail, postage prepaid, return receipt re- quested. (c) Effective Date of Decision. The ef- fective date of the decision shall be stated therein:' Passed. approved and' adopted this 17th day of August, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Published officially in the Telegsaph Herald newspaper this 26th day of 354 Regular Session August 17, 1987 August, 1987. Mary A. Davis City Clerk it 8/26 Council Member Kmnfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Manning. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 56-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 18-3 THEREOF PROVIDING FOR THE CONDUCTING OF HEARING AP- PEALS BY THE BOARD OF HEALTH presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 56-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 18-3 THEREOF PROVIDING FOR THE CONDUCTING OF HEARING AP- PEALS BY THE BOARD OF HEALTH NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tile Code of Ordinances of the City of Dubuque~ Iowa, be amend- ed by enacting a new Section 18-3 thereof as follows: SEC. 18~.CONDUCT OF HEARING APPEALS BY THE BOARD OF HEALTH. All appeals ant hm'ized to be heard by the Board of Health shall be conducted in accordance with Sections 1-30 through 1-35 of the City of Dubuque, Code of O~finances." Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of August, 1987. Mary A. Davis City Clerk It 8/26 Council Member Kronfaldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of Upper Mississippi Develop- ment Company requesting their repay- ment schedule for the Gallery Court Building beginning August 31, 1988 in- stead of August 31, 1987, AND Com- munication from the City Manager recommending that the City Council re- quest approval of a revised repayment schedule for the Iowa Community Development Loan Program Loan for the Gallery Court Building, presented and read. Council Member Kdeg moved that the petition and communication be receiv- ed and filed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- None. RESOLUTION NO. 242-87 A RESOLUTION (1) AUTHORIZING THE FILING OF A REQUEST WITH THE STATE OF IOWA DEPART- MENT OF ECONOMIC DEVELOP- MENT FOR APPROVAL OF A REVISED LOAN REPAYMENT Regular Session SCHEDULE FOR PROJECT NUMBER ICDL-85-018, AND (2) AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE REVIS- ED LOAN DOCUMENTS WITH THE STATE OF IOWA AND THE UPPER MISSISSIPPI DEVELOPMENT COMPANY WHEREAS, the City of Dubuque entered into an Iowa Community Devel- opment Loan Agreement with the Office for Planning and Programming on August 17, 1984 for the purpose of assisting in the acquisition and renova- tion of the former S.S. Kresge building in downtown Dubuque; and WHEREAS, the City of Dubuque, Dubuque In-Futur0, Inc. and Upper Mississippi Development Company have undertaken said project; and WHEREAS, a separate loan agree- ment providing for the loan of Iowa Community Development Loan funds from the City of Dubuque to Upper Mississippi Development Company has been executed; and WHEREAS, Upper Mississippi Development Company has requested that the repayment schedule which was part of the loan agreement be revised to have the repayment of the loan begin one year later; and WHEREAS, the City of Dubuque' must have the approval of the Iowa Department of Economic Development for any changes in Iowa Community Development Loan Program loans. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to request that the State of Iowa Department of Economic Development approve a revised loan repayment schedule for project number ICDL-85- 018 which revised repayment schedule would provide that said loan repayment begin September 1, 1988 in lieu of September 1, 1987. Section 2. That the Mayor of the City of Dubuque is hereby authorized and August 17, 1987 355 directed to execute on behalf of the City revised loan documents with the State of Iowa and the Upper Mississippi Development Company providing for the revised repayment schedule described herein above. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg. Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager re- questing consent to a variance from the pricing structure of disposition sites in the Dubuque Industrial Center. pre- sented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 243-87 A RESOLUTION CONSENTING TO A VARIANCE FROM THE PRICING STRUCTURE OF DISPOSITION SITES IN THE DUBUQUE INDUSTRIAL CENTER WHEREAS, the City Council and tile City of Dubuque~ Iowa and Dubuque In- Future, Inc. have entered into a Memo- randum of Agreement, da~ed August 17, 1981; and WHEREAS, Section 6 of the afore- mentioned Memorandum of Agreement provides the following: "6...The CORPORATION shall not enter into contracts or agreements for the disposition of industrial sites in the project at less than fair market value 356 thereof without the written consent of the CITY in each case,"; and WHEREAS, the City Council adopted Resolution Na 223-83 dated September 6, 1983 establishing the pricing struc- ture of disposition sites in the Dubuque Industrial Center; and Regular Session, August 17, 1987 Communication of City Manager re- questing Mayor be authorized to execute an amendment to the Grant Agreement with HUD increasing the City of Du- buque's entitlement from $800,000 to $917,000 for Calendar Year 1987, presented and read. WHEREAS, tile Board of Directors of Dubuque In-Futuro, Inc. has requested 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 RE- SOLVED BY THE CITY COUNCIL 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 purpose is to be served by the sale of a certain site in the Dubuque Industrial Center at less than fair market value, as established in Resolution No. 223-83, Section 2. That the Board of Directors of Dubuque In-Futuro, Inc. is hereby authorized to sell approximately 2.99 acres at $.37 per square foot in lieu of $.85 per square foot base price establist~- ed by Resolution Na 223-83. Section 3. That this Resolution shall con- stitute the written consent of the City of Dubuque to the disposition of an in- dustrial site in the Dubuqne Industrial Center at less than fair market value as required by Section 6 of the Memoran- dum of Agreement between the City of Dubuque and Dubuque In-Futuro, Inc. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Nong Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kron- faldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None, RESOLUTION NO. 244-87 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1987. WHEREAS, under provisions of Title I of Housing and Community Develop- ment Act of 1974, as amended, the City of Dubuque prepared and submitted a Statement of Intent on December 1, 1986 for a Community Development Binck Grant; and WHEREAS, the submission has been approved by the Department of Hous- ing and Urbm~ Development in the amount of $800,000 for a twelve-month program commencing January 1, 1987; and WHEREAS, a Grant Agreement covering the activities proposed to be carried out with Community Devalop- ment Block Grant funds has been tendered the City of Dubuque; and WHEREAS, the City of Dubuque has provided the citizens of the Community with opportunities to comment on the Statement of Intent and the Amend- NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement, authorized by the U.S. Department of Regular Session Housing and Urban Development on February 3, 1987, for a Community Development Block Grant to the City of Dubuque be amended to reflect the in- crease of $117,000 authorized by enact- ment of the Urgent Appropriations Act, 1986. Section 2. That the Mayor of the City of Dubuque be and he is hereby authoriz- ed and directed to execute an an~end- ment to a Community Development Block Grant Agreement identified as Grant Agreement B.-87-MC-19-0004 for submissinn to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communicagion of City Manager for- warding a revised Fiscal Year 1989 Policy Guidelines for discussion and final ap-- proval and adoption, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and approved and adopted Guide- lines. Seconded by Council Member Manning. Carried by the foliowing vote: Yeas--Council Members Deich, Klues- ncr, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brad~: BOARDS AND COMMISSIONS -- TRANSIT BOARD -- Council Member Dcich moved that George Enderson and Wm Hilvers be reap- pointed to the Transit Board for three year terms which will expire 7-30-90. Seconded by Council Member Manning. Cam'ied by the fo[lowing vote: Yeas-- Mayor Brady, Council Members Deicl: Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. August 17, 1987 357 TV CABLE REGULATORY COMMISSION -- Council Member Deich moved that Charlie Ellis be reap- pointed to a three year term which will expire 6-30-90. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. Council Member Kronfeldt moved that it be resolved to readver rise for ap- plicants to the TV Cable Regulatory Conurdssion. Seconded by Council Mem- bet Mmming. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 245-87 BE IT RESOLVED by the City Coun- :il of the City of Dubuque. Iowa, that the foilowing having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigamt- tes and Cigarette Papers within said City. Trans Miss Investments, Inc. Oky Doky #21 2010 Kerper Blvd. JFT. Ltd. OKY Doky #1 250 West 1st St. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 246-87 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and 358' Regular Session, August 17, 1987 WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Or- dinances of this City and have filed pro- per bond; NOW, THEREFORE BE IT RE- SOINED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit: CLASS "B" BEER PERMIT Church of the Nativity 1225 Alta V4sta (Also Sunday Sales) Dubuque Fighting Saints Association Town Clock Plaza CLASS "C" BEER PERMIT Rainbo Oil Company Trans Miss Investments, Inc. Oky Doky #21 2010 Kerper Blvd. (Also Sunday Sales) CLASS"E"BEER PERMIT JFT, Ltd. Oky Doky #1 250 West ist St. (Also Sunday Sales) Lucky Stores, Inc. Eagle Food Center 1800 Elm St. (Also SundaySa~s) Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTEST. Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 247-87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected md 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 applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Thunderbird's Ltd of Dubuque Thunderbirds 660 Iowa St. (Also Sunday Sales) Michael V Demmer El Toro Lounge 1445 Central (Also Sunday Sales) Elb~ Inc. Dr."B'"sBilliard-Ice Cream 2095 Kerper (Also Sunday Sales) Shirley Kamentz Rainbow Lounge 36 West 4th CLASS "F" (COMMERCIAL) BEER AND LIQUOR LICENSE Hog Ryans, Inc. Hog Ryan's Cabaret 1375 Locust (Also Sunday Sales) Passed, approved and adopted tiffs 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resalution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Airport Comm. of 7-22 & 8-4; Five Flags Comm. Regular Session of 7-20; Historic Preservation Comm. of 744 and 7,21; Park & Recreation Comm. of 8-3; Plumbnig Bd, of 7-14; Public Library Board of 7-21; Teleprogrmnming Comm. of 8-4; Zoning Bd. of Adjustment of 7-23; planning & Zoning Comm. of 8-5, presented and read. Council Member Simon moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Councit Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS/SUITS: Ran- dy B aumhover in amount of $2400.00 for car damages; Patricia Beyer in unknown amount for personal injuries; Thomas Hayes, on behalf of John Moore, for per- sonal injuries in amount of $750,000; David McGhee for Christopher McGhee ill unknown amount for personal in- juries, presented and read. Council Member Simon moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays~None. Communication of Park & Recreation Chairperson advising of Jane White be- ing unable to continue to serve on their Commission, presented and read. Council Member Simon moved that the communication be received and ill- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communicatton of Corporation Counsel Barry Lindahl advising of the status on the Four Mounds Declaratory Judgement Action, presented and read. Council Member Kronfaldt moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesne~; Krieg, Kronfeldt, Manning, Simon. Nays--None. August 17, 1987 359 United States of America DOT advis- nga 90 day notice of Air Wisconsin to suspend service between Waterloo and Chicago and Dubuque and Chicago, presented and read. Council Member Simon moved that the notice be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfeldt, Manning, Sin~on. Nays--None. Communication of Planning & Zoning Commission approving final plat of Lmnper's Place, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None, RESOLUTION NO. 248-87 A RESOLUTION APPROVING THE FINAL PLAT OF LAMPERS PLACE IN TABLE MOUND TOWNSHIP IN DUBUQUE COUNTY, IOWA. WHEREAS, them has been filed with the City Clerk a finalplat of the Lampers Place in Table Mound Township in Du- buque County, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission, and they find that the same conforms to statutes and ordi- nances relating thereto; and WHEREAS, said final plat has been approved by the City planning and Zon- ing Co~nmission and had its approval en- dorsed thereon; and WHEREAS, the said final plat has been examined by the City Council and the City Council finds that the stone con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lampers Place in the City of Dubuque, 360 Regular Session August 17, 1987 Iowa be and the same is hereby approv- ed, and the Mayor and the City Clerk are hereby authorized and directed to en- dorse the approval of the City of Du- buque, Iowa upon said final plat. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays- None. Communication of Planning & Zoning Commission approving final plat of Tamarack SE First Subdivision, pre- sented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. RESOLUTION 249-87 RESOLUTION APPROVING THE FINAL PLAT OF TAMARACK S.E. FIRST SUBDIVISION IN DUBUQUE COUNTY, IOWA; AND WHEREAS, there has been filed with the City Clerk a final plat of Tamarack S.E. First Subdivision in Dubuque Coun- ty, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and they find that the same qonforms to the statutes and or- dinances relating thereto, except that Lot 2 does not front on a public street and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find the same conforms tothe statutes and ordinances relating thereto; NOW THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby ap- proved and the Mayor and Clerk be and are hereby authorized and directed to en~ dorse the approval of the City of Du- buque upon said final plat. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing approval of contract between Five Flags Center and Dubuque Fight- ing Saints Assn. and further requesting authorization to execute, presented and read. CounCil Member Kronfeldt moved that the communication be received and fli- ed and approved contract. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Simor~ Nays--Council Member Manning. Petition of Dubuque County Histor- ical Society and Dubuque Symphony Or- chestra requesting limited aerial fire- works display at the 2nd Street Ice Har- bor on Sept: 6, presented and read. Council Member Simon moved that the petition be approved, subject to City Mgr.'s approval. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Regular Session Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon, Nays-- None~ Proofs of publication, certified to by the Publisher, on Release of Funds for F.H. Uelner Tools & Dies Cb, Economic Development Project and Dubuque Data Services; Notice of Filing of the Final Plat and Schedule of Assessment for Old Mill Read Sanitary Sewer; List of Claims for month of June, 1987; Certificate of City Clerk that notices for final levy for Old Mill Read Saoitery Sewer were sent by certified mall on July 16, 1987, presented and read. Council Member Simon moved that the proofs of communication be receiw ed and filed. SecOnded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- Nong Communication of City Manager ad- vising of Fiscal Year 1987 incompleted capital projects which will be can'ied for- ward into Fiscal Year 1988, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. C~rried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. Communication of Board of Trustees submitting final report for Dubuque Fire and Police Retirements Systems for the year ending June 30, 1987, presented and read. Council Member Simon moved that the communication be received and fil- ed and approved the report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayer Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing authorization to publish Notice of Environmental Review Findings for the Carlisle Communications, Ltd. Pro- ject, presented and read. August 17, 1987 361 Council Member Simon moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Nona RESOLUTION NO. 250-87 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT. WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1987 with the U.S. Department of Hous- lng and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, au ad hoc Environmen- tal Review Committee on July 30, 1987 has after due consideration made a deter ruination that the project is not a ma- jor Federal action algalficantly affecting the quality of the human environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. * Carlisle Communications, Ltd. 362 ~ Section 2. That tbe City of Dubuque hereby declares its intent to adopt a Resolution at ite meetlng of September 8, 1987 authorizing the submission of a request to the U.S. Department of Hous- ing and Community Development to undertake the project. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Councfi Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending acceptance of 1986 Asphalt Paving Project No. 3 presented and read. Council Member Simon moved that the communication be received and ill- ed. Seconded by Council Member Klues- net. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 251-87 ACCEPTING IMPROVEMENT WHEREAS, the contract for the 1986 Asphalt Paving Project No, 3 has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted according to the terms of the con- tract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: that the recommendation of the City Manager be approved and that said im- provement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby August 17, 1987 directed to pay to the contractor from the Street Construction Fund, the Revenue Sharing Fund, and a grant from the Iowa Conservation Commission in amount equal to the amount of his con- tract, less any retained percentage pro- dded for therein. Passed, approved and adopted this 17th day of August, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution, Seconded by Council Member Kluesne~: Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krleg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 252-87 FINAL ESTIMATE WHEREAS, the contract for the 1986 Asphalt Paving Project No. 3 has been completed and the City Engineer has submitted bis final estimate showing the cost thereof including the cost of estinmtes, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $193,879.99 and that said amount shall be paid from the Street Construction Fund, the Revenue Sharing Fund, and a grant from the Iowa Conservation Commission of the City of Dubuque, Iowa, Passed, approved and adopted, this 17th day of Angust, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council member Simon moved adop- tion of the Resolution. Seconded by Regular Session August 17, 1987 Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicb, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of Genevieve Thompson re- questing permission to construct a decorative canopy across the ~ront of her building at 1st and Locust, presented and read. Council Member Simon moved that the communica~ipn be received and fil- ed and referred matter to the City Manager and staff. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. David Pare presented a copy of the drawing which will be presented at the State Capital. There being no further business, Coun- cil Member Kronfeldt moved to adjourn the meeting. Seconded by Council Member Krieg, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays-- Nong Meeting adjourned at 10:31 EM. Mary A. Davis City Clerk Approved __ 1988 Adopted 1988 Mayor Council Members ATTES~fi 363 City Clerk 364' Special Session, Au CITY COUNCIL OFFICIAl. Special Session, August 24, 1987 Council Met at 7:30 o'clock p.m., in the Five Flags Theater. Present--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon, City Manager W. Kenneth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is a SPECIAL SESSION OF THE COUNCIL CALLED FOR THE PUR- POSE q~) CONDUCT PUBLIC HEAR- INGS ON THE CITY OF DUBUQUE 1987 ASPHALT PAVING PROJECT AND THE 1987 P.C. CONCRETE PAV- ING PROJECT, Proofs of publication, certified to by the Publisher, on Notice of Public Hear- ing on Plans and Specifications for City of Dubuque 1987 Asphalt Paving Pro- ject consisting of reconstruction of O'Hagen Street from University Ave. to Mineral Street and rehabilitation of Blasen Drive, from West 32nd to Brueck Rd., Brueck Rd. from Blasen Drive to the east end; Chancy Rd. from Asbury Rd. to Kaufmann Ave.; Hawthorne St. from Rhomberg Ave. to Volunteer Dr.; Julien Dubuque Drive from end of curb and gutter to Inland Lane; Mineral St. from O'Hagen St. to Devon Dr.; 32nd St. from Central Ave. to J.EK. Road AND Proof of publication, certified to by the Publisher, on Notice to Property owners on proposed Resolution of Necessity for the project; AND Certificate of City Clerk certifying notices were sent to known property owners on August 6, 1987, presented and read. Council Member Kronfeldt moved that the proofs of publication and Cer- tificate of City Clerk be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesne~; Krieg, Kronfaldt, Man- ning, Simon. Nays--None. WRITTEN OBJECTIONS RECEIV- ED: Herbert & Irene Schreiner, oppos- ~ust 24, 1987 lng improvement on O'Hagen St.; Peri- tlon containing 43 Signatures objecting to paving of O'Hagen St.; Petition con- taining 20 signatures objecting to pro- posed street improvement for Blasen Road; Petition containing 18 signatures objecting to proposed street improve- ments for Brueck Rd,; Petition contain- ing 35 signatures requesting City Coun- cil vote "NO" on proposed street im- provement for Chancy Read; Petition containing 68 signatures objecting to paving of Mineral Street; Petition of Her- man & Agnes Stcines opposing street assessment on West 32nd Street; Peti- tion on Sharon & Kenneth Lynch obj cc- ting to improvement on 32nd Street; Petition containing 33 signatures objec~ ting to contstruction and/or rehabilita- tion of 10th St. from Jackson St. to Cen- tral Ave.; Petition of Debra & Carl ['humser objecting to assessment or rehabilitation of West 32nd St.; Petition containing 140 signers objecting to im- )rovement on 32nd St, from Central Ava to J.EK. Road; Petition on behalf of First National Bank objecting to proposed method and amount of assessment for property located on 32nd St.; Gantz Enterprises protesting proposed reha- bilitotlon of 32nd Street~ presented and read. Council Member Kronfeldt moved that the petitions and objections be receiv- ed and filed. Seconded by Council Mem- ber Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved that the rules be suspended to allow anyone p~esent to address the Councilif they should so desire, Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. O'Hagen St. from University Ave. to qlineral St. - Dave Murdock objected to improvement. Blasen Drive from West 32nd St. to Brueck Rd. - No Comment; B~ueck Rd. from Blasen Drive to the East End - No Comment; Chanay Rd. from Asbury Rd. to Kaufmann Ave. - Gerald Henkals, 2231 Chanay, objected. Special Session Hawthorne St. - Stanley Robey, 2398 Garfield, suggested that the water drain- off from Thermolyne be looked at; Jullen Dubuque Drive -' No Comments. Mineral St. from O'Hagen to Devon Dr. - Edward Kieffer, 1313 O'Hagen, stress- ed giving consideration to older people.; Tenth St. from Jackson St. to Central Ava · Attorney Dave Setter, representing Spahn & Rose, Rhomberg Furs & Larry Wolff, stated the Project is not needed. Lynn Michels, owner of property on 10th St., said that there is no need for work as proposed. - 32nd St. - Dave Malers objected on behalf of his parents and sister and brother. Merlin Langkamp, Orvis North, Mary Steines, Bill Shumard, all of W. 32nd St. objected to program. Council Member Kronfeldt moved to close the public input portion of this Public Hearing for 1987 Asphalt Paving Project. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. A RESOLUTION providing for the adoption of Plans and Specifications for 1987 Asphalt Paving Project was pre- sented. Council Member Kronfeldt mov- ed to defer this resolution to the Council meeting of Nove~ber 2, 1987. Seconded by Council Member Manning. Corried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--Nong RESOLUTION NO. 253-87 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1987 ASPHALT PAVING PROJECT WHEREAS, the City Council has posed a Resolution of Necessity for the 1987 Asphalt Paving Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public heaving has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action August 24, 1987 365 on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Deferred for later consideration to a City Council meeting to be held on the 2nd day of November, 1987, next, at 7:30 p.m, in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourn- ed meeting. Passed, approved and adopted this 24th day of August, 1987. James E. Brady Mayor ATTESm 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 Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. A RESOLUTION Ordering Bids for the 1987 Asphalt Paving Project was presented. Council Member Kronfeldt noved to defer this resolution to the Council Meeting of November 2, 1987. Seconded by Council Member Manning. Carried by the following vote; Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. proof of publication, certified to by the tXablisher, on Notice of Public Hearing on Plans and Specs. for City of Dubuque, 1987, EC. Concrete Paving Project con- sisting of reconstruction of Loras Blvd., from University Ava to Walnut St. AND Proof of publication, certified to by the Publisher, on Notice to Property Owners on proposed Resolution of Necessity for the above project, presented and read. Council Member Kronfeldt moved that the proofs of publication be receiv- ed and filed. Seconded by Council Member Manning. Carried by the follow- 366 Special Session August 24, 1987 lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays-- None. WRITTEN OBJECTIONS RECEIV- ED: Petition of Jerome Prendergast pro- testing 1987 Paving and Water Assess- ments for property located on Lores Blvd.; Petition containing 184 signatures requesting Lores Blvd. be removed from the 1987-88 Street Program; Petition of Nora McCarthy objecting to assessment for property for Loras Blvd. from University to Walnut St.,; Petition on behalf of Westminster Presbyterian Church objecting te proposed method and amount of assessment for property located on Loras Blvd., presented and read. Council Member Kronfeidt moved that the petitions and objections be received and filed. Seconded by Council Member Manning. Cartied by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kron- feldt, Manning, Simon. Nays--None. LORAS BLVD. - Bernard Fox, I815 Loras, Nancy Mullin, 1395 Alta Vista and Rite Stark, Lores Blvd. objected to the proposed assessment. Council Member Simon moved to close public input portion for Public Hearing on 1987 PC. Concrete Paving Project. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. A RESOLUTION providing for the adoption of Plans and Specifications for the 1987 PC. Concrete Paving Project, was presented. Council Me~nber Kron- feldt moved to defer this resolution to the Council Meeting of November 2, 1987. Seconded by Council Member Manning, Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 254-87 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1987 CONCRETE PAVING PROJECT WHEREAS, the City Council has pro- posed a Resolution of NecessiW for the 1987 PC. Concrete Paving Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Deferred for later consideration to a City Council meeting to be held on the 2nd day of November, 1987, next, at 7:30 p.m., in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourn- ed meeting. Passed, approved and adopted this 24th day of August, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk A RESOLUTION Ordering Bids for the 1987 P.C. Concrete Paving Project, was presented. Council Member Kron- feldt moved to defer this Resolution to the Council Meeting of November 2, 1987. Seconded by Council Member Manning. Ca, tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeidt, Man- ning, Simon. Nays--None. There being no further business, Coun- cil Member Kronfeldt moved to adjourn. Seconded by Council Member Maturing. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Special Session Meeting adjourned at 8:38 PM. Mary A. Davis City Clerk Approved 1988 Adopted 1988 Mayor Council Members ATTES~ City Clerk August 24, 1987 367