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1985 November Council Proceedings552 Special Session October 28, 1985 Regular Session, November 4, 1985 CITY COUNCIL OFFICIAL Regular Session, November 4, 1985. Council met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Dalch, Hammal, Kluesner, Manning, Stackis, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A Lindald. Absent: Council Member Kronfeldt. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. The Invocation was given by Rev. Kenneth Hindman, Pastor of Westminster Presbyterian Church. PROCLAMATIONS: Month of November as "Alzhalmer's Disease Month" received by Mrs. Arthur Nagel. Terri Reese and Rob Apel gave a presen- tation of a Special Community Award from the Iowa Travel Council. Council Member Deich moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel. Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider rezoning of property located at 2730 Dodge St. from R-1 to C-3 Classification, presented and read. No written objections were received and no oral objectors were present at the time of the Hearing. Jim Egger, representing the Super 8 Motel, requested favorable consideration of the proposed rezoulng. Council Member Deich moved that the proof of publication be received and fil- ed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hanunel, Kluesner, 553 Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 73-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS "ZONING ORDINANCE AND ZON- lNG MAP OF THE CITY OF DUBU- QUE, IOWA" BY RECLASSIFYING HEREIN AFTER DESCRIBED PRO- PERTY AT 2730 DODGE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-3 COMMERCIAL DISTRICT, said Ordinance having been previously presented and read at the Council Meeting of October 21, 1985, ~resented for final action. (OFFICIAL PUBLICATION ) ORDINANCE 73-85 AN ORDINANCE OF THE CITY OF DUBUQUE IOWA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREIN AFTER DESCRIBED PROPERTY AT 2730 DODGE FROM R-1 SIN- GLE - FAMILY RESIDENTIAL DISTRICT TO C-3 COMMERCIAL DISTRICT. ]E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Timt the Code of Ordi- aances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa to reclassify herein after described property from "R-1 S- FRD" classification to "C-3 Commer- cial District" classification, to wit: Lot 2 of Lot ~ of Lot 1 of Block 1 of Plaza 20; and ali of Lot 1 and Lot 2 of T~i - Co. Inc. Place No. 1 and all of Lot I and Lot 2 of Tri - Co. Inc. Place No. 2 except the westerly 210 feet thereof; all in the City of Dubuque, Iowa. Section 2. That the foregoing approved by the Plamfing and Zoning 554 Regular Session, November 4, 1985 Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 4th day of November, 1985. ATTEST: James E. Brady Mary A. Davis Mayor City Clerk Published officially in the Telegraph Herald newspaper this 8th day of November, 1985. Mary A. Davis City Clerk Council Member Deich moved final adoption of the Ordinance. Seconded by Council Member St ackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kfuesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Prcof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for the construction of Chaplain Schmitt Memorial Island Ballpark Complex, Facilities Building AND Communication of City Manager recommending to award contract for project, presented and read. Council Member Kluesner moved that the proof of publication and communication be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammal, Kfuesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. AWARDING CONTRACT RESOLUTION NO. 368-85 WHEREAS. sealed proposals have been submitted by contractors for the CITY ISLAND BALLPARK COM- PLEX FACILITIES BUILDING pur. suant to Resolution No. 318-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the llth day of Oc- tober, 1985. WHEREAS, said sealed proposals were opened and read on the 22nd day of October, 1985 and it has been deter- mined that the bid of TOTAL STRUC- TURES of Dubuque, Iowa in the 596.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contractor for the above ira- provement be awarded to TOTAL STRUCTURES and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. RESOLVED: That upon signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized to return the bid deposits nsuccessful bidders. Passed, approved and adopted this 4th day of November 1985. James E. Brady Mayor 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, Hammal, Khiesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing Council authorization for of all the unprogra~nming UMTA Sections 5, 9, and 9A Capital Assistance Funds from the Dubuque Ur- banized Area account to the Iowa City Urbanized Area account subject to cer- taln assurances which will protect the interests of the City of Dubuque, presented and read. Council Member Khiesner moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carried by the fallowing vote: Yeas--Mayor Brady, Council Regular Session, Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 369-85 AUTHORIZING TRANSFER OF UMTA CAPITAL ASSISTANCE FUNDS FROM DUBUQUE URBANIZ- ED AREA ACCOUNT. WHEREAS, the City of Dubuque cur- rently has $619,118 in the bank plus the FY 1986 allocation forthcoming in for- mula federal financial assistance (Sec- tions 9 and 9A) for capital or planning expenditures available to it in the Dubu- que urbanized area account maintained by the Urban Mass Transit Admidistra- tion (UMTA) plus $214,787 currently on loan to other Iowa transit systems; and WHEREAS, the bulk of this formula assistance has been saved by the City of Dubuque to finance needed im- provements to the Keyline maintenance facility as programmed in the City's Capital Improvement Program; and WHEREAS, officials of UMTA have suggested that an alternate source of funding (Section 3 Discretionary Capital Assistance may be made available for the garage rehabilitation project so the formula funds originally intended for that purpose can be used for other need- ed transit projects in the State of Iowa provided that Dubuque can show no funds available in its account with UMTA: and WHEREAS, officials of the Iowa Department of Transportation and the City of Iowa City have indicated that they will assure that the City of Dubu- que is held harmless in this transaction both in terms of the amount of local Ci- ty of Dubuque matching funds required for the garage project if discretionary funds are awarded and the return of Dubuque's formula funds if discre- tionary funds are not awarded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Depart- ment of Transportation and the Urban Mass Transit Administration are authorized to transfer all unprogramm- ed Sect~on 5, 9, and 9A capital assistance [ovember 4, 1985 555 funds from the Dubuque urbanized area to the Iowa City urbanized area account contingent upon receipt of written assurances from the Iowa Department of Transportation and the City of Iowa City that: (a) such funds will be return- ed to the City of Dubuque ifa Section 3 grant for the garage rehabilitation is not awarded to the City of Dubuque; (b) all required non-federal matching funds in excess of 20% of the net project cost shall be paid by parties other than tke City of Dubuque ifa Section 3 grant is awarded; (c) the City of Iowa City will transfer back to the City of Dubuque any difference between the amount transferred to the City of Iowa City and the federal amount of any approved See Hen 3grant; and (d) a loan from tke Iowa Department of Transportation's capital match bank will be provided to allow the City to spread repayment of the required local match for a Section 3 grant over the time f~me originally programmed in the City's Capital Improvement Program. Passed, approved and adopted this 4th day of November, 1985. James E. Brady Mayor ATTEST: 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, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager recommending Council authorize the ex- penditure of $1000 to assist the League of Iowa Municipalities in developing a group liability insurance program for Iowa Cities, presented and read. Coun- cil Member Deich moved that the com- muaication be received and filed and ex- penditure authorized. Seconded by coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, CounciI Members Deich, Hammel, Khiesner, Manning, Stackis. Nays--None. 556 Regular Sessio___~n, November 4 1985 __ Absent--Council Member Kronfeldt CIL OF THE CITY OF DUBUQUE, Communication of City Manager re- questing approval of proposed design for relocated U.S. 61 and U.S. 151 from Grandview Ave. to 7th Street, presented and read. Council Member Kfueaner moved that the communication be received and filed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent-Council Member Kronfaldt. RESOLUTION NO. 370-85 RESOLUTION RECOMMENDING ADOPTION OF PROPOSED DESIGN AS AMENDED OF THE RELOCATED U.S. 61 AND U.S. 151 BETWEEN GRANDVIEW AVENUE AND SEVENTH STREET IN THE CITY OF DUBUQUE, IOWA. WHEREAS. a design public hearing was held on August 28, 1985 to discuss the proposed relocation of U.S. 61 and U.S. 151 between Grandview Avenue and Seventh Street; and WHEREAS, the Iowa Department of tr~msportation staff and engineers have made modifications in design to provide railroad service to industrial accounts on Washington Street and industrial ac- counts on Salina Street; and WHEREAS, the Iowa Department of Transportation staff and engineers have responded to other concerns expressed by participants at the hearing on August 28 and written responses receiv- ed subsequent to the hearing; and WHEREAS, the Iowa Department of Transportation staff and engineers are reviewing alternatives to minimize the length of time the Julien Dubuque Bridge and related approaches will be out of service; and WHEREAS, the proposed design as amended meets the transportation desires of the community; and WHEREAS, the design is in confor- mance with the 1990 Transportation Plan as amended to the year 2008. NOW, THEREFORE, BE IT REsoLVED BY THE CITY COUN- IOWA: That the design of the proposed relocation of U.S. 61 and U.S. 151 bet- ween Grandvlew Avenue and Seventh Street is hereby approved. That ~he Iowa Department of Transportation commissioners be urged to adopt the proposed design of this )base of the project as amended. That the Iowa Department of Transportation commissioners be en- couraged to approve a funding program that will allow expediaut construction of both Phase I and Phase II of this pro- iect through the City of Dubuque, Iowa. That the Mayor be directed and authorized to sign tho attached com- municatinn to the Iowa Department of Transportation commissioners ap- planding the efforts expended by the department in planning and designing this fucJlity, and pledging cities full sup- ~ort for the project. Passed, approved and adopted this 4th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kfuesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammei, Kfuesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager sub- mitring Ordinance granting an easement to the Illinois Central Gulf and Railroad Co. to construct, maintain and operate a railroad track along Kerper Blvd. ser- ving the industrial customers in that area, presented and read. Council Member Kfuesner moved that the com- municatinn be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. Regular Session, November 4, 1985 Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 74-85 AN ORDINANCE REPEALING OR- DINANCE NO. 52-81 WHICH GRANTED THE RAILROAD EASE- MENT TO CONTI--CARRIERS AND TERMINALS, INC. AND HODGE TRANSIT WAREHOUSE COMPANY TO LAY DOWN, OPERATE AND MAINTAIN AN INDUSTRIAL TRACK ALONG KERPER BLVD. AND TO ENACT A NEW ORDINANCE WHICH WOULD GRANT AN EASEMENT RIGHT FOR THE CONSTRUCTION AND/OR OPERATION OF A RAILROAD TRACK IN THE SAME LOCATION TO THE ILLINOIS CEN- TRAL GULF RAILROAD CO., CHICAGO, ILLINOIS, presented and Council Member Kfuesner moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammei, Kfuesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Council Member Kluesner moved that the rule requiring an Ordinance to be presented and read at two meeting prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammal, Khiesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 74-85 AS OF ~ FEBRUARY 1, 1986 HAS NOT BEEN ~ PUBLISHED AND THEREFORE IS Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: 557 Yeas--Mayor Brady, Council Members Deich, Hammel, Kfuesner, Manning, Stackls. Nays--None. qbsent--Council Member Kronfeldt. Communication of City Manager sub- mitthig Ordinances regarding proposed traffic contrul for Cedar Cross Road following the opening of the Cedar Cross Road Bridge, presented and read. Coun- cil Member Hammel moved that the be received and filed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammal, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt, ORDINANCE NO. 75-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY AMENDING SUBSECTION (b) OF SECTION 25-210 AND SUBSECTION (b) OF SECTION 25-212 THEREOF PROVIDING FOR THE DESIGNA- TION OF STOP SIGNS AT THE IN- TERSECTIONS OF STARLIGHT DRIVE AND CEDAR CROSS ROAD, AND STARLIGHT DRIVE AND CRESCENT RIDGE, presented and read. Council Member Hammel moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Stackis. Carrled by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Khiesner, Manning, Stackls. Nays--None. Absent--Council Member Kronfeldt. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meeting prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Stackis. Caroled by the 558 Regular Session November 4, 1985 following vote: Yeas--Mayor Brady, Council Members Deich, I-Iammal, Kluesner, Manning, Stackis, Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 75-85 (OFFICIAL PUBLICATION) ORDINANCE NO, 75-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY AMENDING SUBSECTION (b) OF SECTION 25-210 AND SUBSEC- TION (b) OF SECTION 25-212 THEREOF PROVIDING FOR THE DESIGNATION OF STOP SIGNS AT THE INTERSECTIONS OF STARLIGHT DRIVE AND CEDAR CROSS ROAD, AND STARLIGHT DRIVE AND CRESCENT RIDGE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by deleting Starlight Drive and Cedar Cross Road, and Starlight Drive and Crescent Ridge from Sub- section (b) of Section 25-212 thereof as follows: "Sec. 25-212. Yield Interesec- (b) Eastbound Vehicles Starlight Drive and Cedar Cross Road Westbound Vehicles Starlight Drive and Crescent Ridge." Section 2. That the Code of Ordi- nantes of the City of Dubuque, Iowa be amended by adding Starlight Drive and Cedar Cross Road, and Starlight Drive and Crescent Ridge to Subsec- tion (b) of Section 25-210 thereof as follows: "Sec. 25-210. Stop Intersections. (b) EASTBOUND Starlight Drive and Cedar Cross Road WESTBOUND Starlight Drive and Crescent Ridge.7 Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by deleting Cedar Cross Road and Crescent Ridge from Sub- section (b) of Section 25-210 thereof as follows: "Sec. 25-210. Stop Intersections. (b) NORTHBOUND Cedar Cross Road and Crescent Ridge." Section 4. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by deleting Frontage Road, south side of U.S. Highway 20 and Brunskiil Road; Frontage Road, south side of U.S. Highway 20 and Crescent Ridge; and Brunskill Road and Frontage Road on the south side of U.S. Higbway 20 from Subsection (b) of Section 25~210 thereof as fol- lows: "Section 25-210. Stop Intersee- (b) EASTBOUND Frontage Road, ~uth side of U.S. Highway 20 and Brunskffi Road Frontage Road, south side of U.S. Highway 20 and Crescent Ridge NORTHBOUND Brunskill Road and Frontage Road on the south side of U.S. Highway PASSED, APPROVED AND ADOPTED this 4th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of November, 1985 Mary A. Davis City Clerk Council Member Hammel moved that final adoption of the Ordinance. Second- ed by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Dei~h, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 76-35 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, Regular Session, November 4, 1985 BY AMENDING SUBSECTION (c) OF SECTION 25-220 THEREOF PRO- VIDING FOR THE ESTABLISH- MENT OF A THIRTY--FIVE (35) MILES PER ItOUR SPEED LIMIT ON CEDAR CROSS ROAD, FROM FRE- MONT STREET TO A POINT 800 FEET EAST OF ACE AVENUE, AND TItlRTY (30) MILES PER HOUR SPEED LIMIT ON CEDAR CROSS ROAD FROM U.S. HIGHWAY 20 TO A POINT 800 FEET EAST OF ACE AVENUE,presented and read. Council Member Hammal moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, HammeL Kluesner, Manning, Stackis~ Nays--None. Absent--Council Member Kronfeldt. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Hammel, Kluesner, Manning, Stackis, Nays--None. Absent--Council Member Kronfeldt. (OFFICIAL PUBLICATION) ORDINANCE NO. 76-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY AMENDING SUBSECTION (c) OF SECTION 20-220 THEREOF PRO- VIDING FOR THE ESTABLISH- MENT OF A THIRTY - FIVE (35) MILES PER HOUR SPEED LIMIT ON CEDAR CROSS ROAD, FROM FREMONT STREET TO A POINT 800 FEET EAST OF ACE AVENUE, AND THIRTY (30) MILES PER HOUR SPEED LIMIT ON CEDAR CROSS ROAD FROM U.S. HIGH- WAY 20 TO A POINT 800 FEET EAST OF ACE AVENUE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, 559 IOWA: Section 1. That the Code of Ordi- ~mnces of the City of Dubuque, Iowa be amended by deleting Cedar Cross Road, Starlight Drive to Ace Avenue from Subsection (c) of Section 220 thereof, as follows: "Sec. 25-220. Limits Generally. (c) Thirty (30) Miles Per Hour Cedar Cross Road, Starlight Drive Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by adding Cedar Cross Road, U.S. Higbway 20 to a point 800 feet east of Ace Avenue to Subsection (c) of Section 220 thereof, as follows: "Sec. 25-220. Limits Generally. (c) Thirty (30) Miles per Hour Cedar Cross Road, U.S. Highway 20 to a point 800 feet east of Ace Ave- Section 3. Tbat the Code of Ordi- nances of the City of Dubuque, Iowa be amended by deleting Cedar Cross Road, Ace Avenue to Fremont Street from Subsection (c) of Section 220 tbereof, as follows: "Sec. 25-220. Limits Generally. (c) Thirty-five (35) Miles Per Hour Cedar Cross Road, Ace Avenue to Fremont Section 4. That the Code of Ordi- nances of the City of Dubuque be amended by adding Cedar Cross Road, Fremont Street to a point 800 feet east of Ace Avenue from Subsection (c) of Section 229 thereof, as follows: "Sec, 25-220. Limits Generally. (c) Ttfirty-five (35) Miles Per Hour Cedar Cross Road, Fremont Street to a point 800 feet east of Ace Ave- PASSED, APPROVED AND ADOPTED tiffs 4th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald -,ewspaper this 8th day of November, 1985 Mary A. Davis City Clerk i Council Member Hammelmoved final adoption of the Ordinance. Seconded by 560 Regular Session, Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackls. Nays--None. Absent--Council Member Kronfaldt. ORDINANCE NO. 77-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING CEDAR CROSS ROAD FROM U.S. HIGHWAY 20 TO STARLIGHT DRIVE TO SUBSEC- TION (d) OF SECTION 25-257 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING ON CEDAR CROSS ROAD, presented and read. Council Member Hummel moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Council Member Hammel moved that the rule requiring au Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammal, Kluesner, Manning, Stackis. Nays--Nane. Absent--Council Member Kronfaldt. ORDINANCE NO. 77-85 (OFFICIAL pUBLICATION) ORDINANCE NO. 77-85 ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING CEDAR CROSS ROAD FROM U.S. HIGHWAY 20 TO STARLIGHT DRIVE TO SUBSEC- TION (d) OF SECTION 25-257 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING ON CEDAR CROSS ROAD. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- November 4, 1985 nances of the City of Dubuque, Iowa be amended by adding Cedar Cross Road from U.S. Highway 20 to Star- light Drive to Subsection (d) of Sec- tion 25-257 thereof as follows: "Sec. 25-257. Prohibited or Desig- hated StreetS or portions Thereof. (d) No - parking - at - any - time zones designated Cedar Cross Road, both sides, from U.S. Highway 20 to Starlight Drive." PASSED, APPROVED AND ADOPTED tl~s 4th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Cl~rk Published officially in the Telegraph Herald newspaper this 8th day of November, 1985 Mary A. Davis City Clerk Council Member Hummel moved final adoption of the Ordinance. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammal, Kineaner, Mmming, Stackis. Nays--None. Absent--Council Member Kronfaldt. October 18, 1985 HONORABLE MAYOR AND CITY COUNCIL City Hall Dubuque, Iowa 52001 Re: Development plans - Conservation Park Dear Mayor and Council Members, The Dubuque Dock Board at its regular meeting on October 1, 1985 development plans for the Riverview park on Chaplain Schmitt Memorial Island. It was the decision of the Dock Board to name two commissioners from the Dock Board and to request a member of the City Council and any other in- terested people in the community to work with the Dock Board in establishing long range development plans for the park. In this communica- tion we are requesting the City Council to appoint a councilperson that can work with Commissioners McMullen and Gourley in the development of these long range plans. Regular Session, November 4, 1985 As soon as you have notified us of your selection of a councilperson ar' rangmente will be made for a meeting by Commissioners McMullen and Gourley for discussing long range plans for the utilization of Riverview park. Sincerely Yours, Marian Bissell, Chairperson Dubuque Dock Board Council Member Stackis moved that the above communication be received and filed and made a matter of record. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfaldt. RESOLUTION NO. 371-85 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Charles If. Schrodt 303 Main St. Dog Gone, Inc. 1630 Asbury Michael R. Soens 1701 Central Ave. K-Mart Corp, 2600 Dodge St. William J. Murphy 139 Locust Passed, adopted and approved this 4th day of November 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Staakis. Nays--None. Absent--Council Member Kranfaldt. RESOLUTION NO. 372-85 WHEREAS, Applications for Beer Permits have been submitted and filed 561 to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bond; THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Barbara J. Travis 335 E. 12th St. CLASS "C' BEER PERMIT Hartig Drug Company (Also Sunday Sales) 2225 Central CLASS "E" BEER pERMIT Hartig Drug Company 700 Main St. Hartig Drug Company (Also Sunday Sales) Passed, adopted and approved this 4th day of November 1985. James E. Brady Mayor ATTEST: Mary Davis City Clerk Council Member Deiak moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by vote: Yeas--Mayor Brady, Council Viembers Deich, Hammci, Kluesner, Manning, Seackis. Nays--Nane. Absent--Council Member Kronfeldt. RESOLUTION NO. 373-85 WHEREAS, Applications for Liquor [Acenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS~ The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rale- rant thereto and they have filed proper bonds; 562 Regular Session, November 4, 1985 filed. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Gouncil Members Deieh, Hammel, Klueaner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. City Municipal Primary October 15, 1985 Canvassed October 21, 1985 State of Iowa) Dubuque County) We, the undersigned members of the Board of Supervisors, acting as a Board of Canvasser the County of Dubuque, do hereby certify that the following is a true and correct abstract of votes cast for each of the City Council Members- at-Large candidates in the City of Dubu- que Election held on October 15, 1985, as listed and enumerated herein below by precinct: 2 3 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appli- cant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Michael R. Soens (Also Sunday Sales) 1701 Central Dog Gone, Inc. (Also Sunday Sales) 163e Asbury Rd. Clair A. Woodman (Al~o Sunday Sales) 1103 Iowa Street Passed, adopted and approved thi~ 4th day of November 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. 23 Nays--None. 19 Absent--Council Member Kronfeldt. 3 90 6 25 MINUTES SUBMITTED: Airport 7 90 8 30 Comm. of 10-16; Cable TV Regulatory 9 23 Comm. of 10-9; Human Rights Comm. ~0 29 of 9-9; Dubuque In-Future, Inc. of 9-25; 13 17 Five Flags Comm. of 10-21; Plumbing 13 18 Bd. of 10-22; Transit Bd. submitting 14 17 15 43 Earnings Statement for month of Sept. 16 93 1985; Public Library of 10-15; Civil Ser- 17 28 vice Comm. of 10-1, 10-9 and 10-11, 18 2o presented and read. Council Member 30 0o Deich moved that the minutes be receiv- 21 39 ed and filed. Seconded by Council 22 18 23 19 Member Kluesner. Carried by the follow- 24 14 lng vote: A~ntee 3 Total 575 Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Helle, Klosterman & Co. submitting Dubuque In-Future, Inc. Audit Report for period ending June 30, 1985, presented and read. Council Member Delch moved that the report be re- Emil Total Stack~ Voters 50 96 99 55 42 119 03 23 75 49 25 86 41 37 98 42 08 105 90 19 79 53 37 120 50 18 91 99 60 197 98 32 147 62 22 102 164 30 211 91 48 182 76 36 145 102 34 164 80 33 190 111 29 159 83 27 140 45 15 79 44 24 02 1769 751 3099 Dated this 21st day of October, 1985. Regular Session, November 4, 1985 Is/ Is/ /si LloydC. Hayes Wiffred Bahl DonnaL.Sn~th Chairperson Member Member ATTEST: (Seal) /s/ Michael E. McFarlaad, County Auditor and Commissioner of Elections There was one write4n vote for William Dix. Council Member Deich moved that the above Canvass of Municipal Primary be received and filed and made a mat- ter of record. Seconded by Council Member Kluesner. Carried by the follow- ing vote. Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. REFUNDS REQUESTED: Sante's $75 on unexpired Cigarette License; Clara L. Johnson, $225 on unexpired Beer Permit; Douglas Stetzer. $150 on unexpired Beer Permit; Gary Germain, $253.12 on unexpired Liquor License; Tamie Kenniker, $633.75 on unexpired Liquor License; Dubuque Jaycees $150 on unexpired Beer Permit, presented and read. Council Member Delch mov- ed that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Communication of Marian G. Bissell advising she will not seek re- appointment to the Dock Board when her term expires, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor B~ady, Council Members Deich, Hammel. Kinesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. NOTICE OF CLAIMS: Louis Pfohl in estimated amount of 5425 for property 563 referred to the Legal Staff for investiga- tion and report. Seconded by Council Member Kluesner. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kinesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Iowa Dept. of Water, Air and Waste Management subnli~ting inspection report for our Wastewater Facility, presented and read. Council Member Deich moved that the report be receiv- ed and filed. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. U.S. Dept. of Transportation submit- ting Dockets 39845 and 39847 "Essen- rial Air Transportation for Fort Dodge and Mason City" - Order denying objec- tion, presented and read. Council ~r Deich moved that the Order be received and filed. Seconded by Council ~r Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council .Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Dubuque County Auditor requesting the City change the street name of Jen- r Drive to another name as it con- flicts with the same name in the Coun- ty, presented and read. Council Member Deich moved that the request be refer- red to the City Mgr. and Stall Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. damages, presented and read. Council Communication of Steve Launspach MemberDeichmovedthat theclaimbe I submitting Profit and Loss Statement 564 Regular Session, November 4, 1985 of Dubuque J ayc~es Plaza Fest Project, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Hammal, Khiesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfaldt. Communication of Corporation Counsel recommending settlement of property damage claim of Mrs. Veronica Tscharner in the amount of $150; Recommending settlement of property damage claim of Walter J. Burke in amount of $152.22, presented and read. Council Member Deich moved that the communications be received and filed and settlements approved with Finance Director to issue the proper checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammal, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfaldt. Communication of Corporation Counsel recommending denial of proper- ty damage claim of Richard Kringle, presented and read. Council Member Delch moved that the communication be received and filed and denial approved. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Communication of Corporation Counsel recommending denial of request of the Correctional Facility at 1494 Elm St. for the placement of a two hour park- ing zone in front of the building on Elm Street. presented and read. Council Member Deich moved that the com- munication be received and filed and denial approved. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager recommending acceptance of the con- struction contract for the Recreation Complex Parking Lot, presented and read. Council Member Deich 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, Hammal, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. ACCEPTING IMPROVEMENT RESOLUTION NO. 374-85 WHEREAS, the contract for the Chaplain Schmitt Memorial Island, Park and Recreation Complex Parking Lot has been completed and the City Manager has examined the work and Iff- ed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the CIP levy in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 4th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved edop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayer Brady, Council Members Deich, Hammel. Khiesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. FINAL ESTIMATE RESOLUTION NO. 375-85 WHEREAS, the contract for the Chaplain Schmitt Memorial Island, Park and Recreation Complex Parking Regular Session, November 4, 1985 565 Lot has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cinding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $45,9~3.57 and that said amount shall be paid from the CIP levy of the City of Dubuque, Iowa. Passed, approved and adopted, this 4th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Khieaner. Car~led by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Communication of the City Manager submitting status report on the petition of the residents in the Emmett Street and St. Mary's Street area regarding storm water from the St. Dominic Villa property, presented and read. Council Member Dcich moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Copy of letter to Terry O. Harrmann, from Rhonda Kronfeldt, tendering her resignation from the Dubuque Racing Assn., presented and read. Council Member Deich moved that the letter be received and filed. Seconded by Council Member Kluesner. Carried by ~he follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kinesner, Manning, Stachis. Nays--None. Absent--Council Member Kronfeldt. There being no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammel, Kluesner, Manning, Stackis. Nays--None. Absent--Council Member Kronfeldt. Mary A. Davis City Clerk Approved 1986 Adopted 1986 Mayor Council Members ATTEST: City Clerk 566 Special Sessio~ CITY COUNCIL OFFICIAL Special Session, November 18, 1985. Council met at 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Klueener, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent at roll call: Council Member Hmnmel. Mayor Brady reed the call and stated that service thereof had been duly made and this Meeting i$ called for the pur- pose to consider approval of City to assignment of the Franchise granted to Peoples Natural Gas Co., ~nd acting upon such other business which may properly come before the Council. INVOCATION was given by Rev. Wm. Dix of the United Pentecostal Church. Council Member Hammel entered the Chambers at 7:33 p.m. Mayor Brady swore in the newly elected David L. Simon as Council Member at Large. PROCLAMATION: November 22, as "Loyal Order of Moose Day" received by Mel Torrey. Communication of Pl~ing and Zon- ing Commisslon approving reclassiflca- tion request of James Mai to rezone pro~ perry located at 412 Loras Blvd. from R-4 Multi-Family to OR Office Residen- tial to correct map error, 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, Councll Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending the Code of Ordinances to rezone property located at 412 Loras Blvd. from Multi-Family Residential District to OR Office Residential District, presented and read. Council Member Kronfaldt moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Cmxied by the following vote: November 18, 1985 Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesanr, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfaldt moved ;hat the rule requiring an ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved that a Public Hearing be held on the Or- dinance on December 2, 1985 at 7:30 p.m. in the Public Library Auditorium md that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klueener, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager ecommending vacation of Alley bet- ween Jackson St. and Washington St., from East llth St. to East 12th St., and dispose of City's interest with reserva~ tions to Spahn & Rose Lumber Co., presented and read. Council Member Kineener moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carrlad by the following vote: Yeas--Mayor Brady, Council Members Delch, Hannnel, Kinesner, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Vacating alley bet- ween Jackson & Washington Streets from East llth St. to East 12th St., presented and read. Council Member Klue~ner moved that the reading just had be considered the first r eadin4~ of the Ordinance. Seconded by Council Member Manning. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Ddich, Hammel, Kluesner, Special Session, November 18, 1985 567 Kronfeldt, Manning, Simon. Nays--None. Council Member Kluesner moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Khiesner, Kronfeldt, Manning, Simon. Nays--None. Council Member Kluesner moved that a Public Hearing be held on the Or- dinance on Dec. 2, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the man- ner prescribed by law. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Communications of Peoples Natural Gas Co. and UtiliCorp United re- questing approval of the City to assign- ment of the Franchise granted to Peoples Natural Gas Company, pur- suant to Ordinance No. 17-68 AND Communication of City Manager advis- ing of the recommendation of the Legal Dept. to approve Resolution transferr- ing the Gas Granchise from IntorNorth, Inc. to UtiliCorp United, Inc, subject to the conditions specified in said resolu- tion, presented and read. Council Member Kcenfaldt moved that the com- munications be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 376-85 APPROVING THE ASSIGNMENT OF THE FRANCHISE GRANTED IN ORDINANCE NO. 17-68. WHEREAS, Peoples Natural Gas Company, Division of InterNorth, Inc., has requested approval to assign to Peoples Natural Gas Company, Division of UtiliCorp United Inc., a Missouri Car- poratinn, that certain gas franchise granted by the City of Dubuque, Dubu- que County, Iowa (Hereinafter called "City"), to said Peoples Natural Gas Company, Division of InterNorth, Inc., by Ordinance No. 17-68, passed the 4th day of March, 1968; and WHEREAS, Peoples Natural Gas Company, Division of UtiliCorp United Inc., has agreed to file with the Clerk of City an acceptance of the terms of Or- dinance No. 17-68 and agreement to per- form all conditions thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: The assignment of Peoples Natural Gas Company, Division of In- terNorth, Inc., to Peoples Natural Gas Company, Division of UtiliCorp United Inc., of the gas franchise granted by Ci- ty to Peoples Natural Gas Company, Division of InterNorth, Inc., by Or- dinance No. 17-68, is hereby approved, such approval being subject to and ef- fective only upon the filing by said assignee of a duly executed acceptance of the terms of Ordinance No. 17-68 and agreement to the conditions of Or- dinance No. 17-68. Passed, approved and adopted this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resalution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing authorization of the submis- sion of a Program Statement of Intent for Calendar Year 1986 for use of Com- munity Development Block Grant Funds, presented and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council 568 Special Session November 18, 1985 Members Deinh, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None, RESOLUTION NO. 377-85. A RESOLUTION AUTHORIZING THE FILING OF A STATEMENT OF INTENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CITY OF DUBUQUE. WHEREAS, the City of Dubuque is entitled to participate in the Communi- ty Development Block Grant Program authorized under the provisions of Title I of the Housing and Community Development Act of 1974. as amended; and WHEREAS, the City of Dubuque has been declared eligible for funding in the approximate mnount of $875,000 for Calendar Year commencing January 1, 1986; and WHEREAS, the Community Development Block Grant Statement of Intent has been developed so as to give maximum feasible priority to activities which will benefit low and moderate in- come persons and aid in the prevention or elimination of slums and blight; and WHEREAS, the City of Dubuque has provided the citizens of the Communi- ty with opportunities to comment on the Statement of Intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing ora State- ment of Intent for participation in the Community Development Block Grant Program is hereby approved, and the Mayor of the City of Dubuque is hereby authorized and directed to execute the necessary documentation on behalf of the City of Dubuque. Section 2. That the City Manager is hereby authorized and directed to sub- mit, in the required number of copies, the executed Statement of Intent to the Department of Housing and Urban Development and other appropriate agencies together with such other documents as may be required. Passed, approved and adopted this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing authorization for publication of he Environmental Review Findings for various projects, presented and read. Councii Member Kluesner moved that the communication be received and fil- ed, Seconded by Council Member Deich, C~ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 378-85 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF EN- VIRONMENTAL REVIEW FIND- INGS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS. WHEREAS,the City of Dubuque is proposing to enter into a Gra~t Agree- ment for the Calendar Year commenc- ing January 1, 1986 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Develop- ment 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 projects to be financed with Community Development Block Grant funds; and WHEREAS, au ad hoc Environmen- tal Review Committee has after due con- sideration made a determination that the projects are not a major Federal ac- tion significantly affecting the quality of the human environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, Special Session, November 18, 1985 569 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 projects, and to make the Environmental Review Record for said projects available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Housing Rehabilitation Loan Pro- gram; Property Acquisition/Relocation; Tool Lending Library sponsored by Washington Tool Library; Code Enforce- ment; Operation Paintbrush; Commer- cial/Industrial Loan Participation; Economic Development Activities. Section 2. That the City of Dubuquq hereby declares its intent to adopt a resolution at its meeting of December2, 1985, authorizing the submission ora re- quest to the U.S. Department of Hous- lng and Community Development to undertake the projects. Passed, approved and adopted this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager re- questing approval to execute an Annual Contributions Contract for the Section 8 Existing Housing Program with HUD, presented and read. Council Member Kluesner moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner. Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 379-85 RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF REVISED ANNUAL CONTRIBU- TIONS CONTRACT FOR $64,316 CON- TRACT AUTHORITY SECTION 8 EX- ISTING VOUCHER PROGRAM FUNDS. WHEREAS, the City of Dubuque, Iowa (herein called the "Local Authori- ty'') proposes to enter into a revised con- tract (Herein called the "Annual Con- tributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Con- tributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. NOW THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Annual Contribution Contract in substantially the form of contract hereto attached with Govern- ment revision date of June, 1985, and marked "Exhibit A " is hereby approv- ed and accepted both as to form and substance and the Mayor of Dubuque, Iowa is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the City of Dubuque on each such counterpart and to forward said ex- ecuted counterparts, or any of them, to the Government together with such other documents evidencing the ap- proval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolutio., the same, unless the context shall indicate another or different mean- lng or intent, shall be construed, and are :ntended to have meanings as follows: 1, The term "Resolution" shall mean ~his Resolution. 2. All other terms used in this Resolution and which are defin- ed in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contribu- tions Contract. Passed, approved, and adopted this 18th day of November, 1985. James E. Brady Mayor ATTEST: 570 Special SesSion 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, Hammal, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager reconunending to apply for extension of Rental Rehab Program Contract, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hommal, Khiesner, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 380-85 AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AN EXTENSION OF THE TERMINATION DATES OF OPP CONTRACT #R-84-SG-19-0101 FOR THE IOWA RENTAL REHABILITA- TION PROGRAM AND AUTHORIZ- lNG AND DIRECTING THE MAYOR TO EXECUTE ANY APPROVED CONTRACT EXTENSION DOCUMENTS. WHEREAS, the City of Dubuque has a contract with the State of Iowa #R-84-SG-19-0101 for the Iowa Rental Rehab Program; and WHEREAS, said contract terminates April 30, 1986; and, WHEREAS, winter weather and related conditions will delay completion of proposed projects. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Manager or his designee is authorized and directed to negotiate and extension of the contract termination dates for at least ninety days or additional time as deemed Section 2. The Mayor is authorized sion amendments offered by the State November 18, 1985 of lowa ,which result from the City Manager s efforts to negotiate an Passed, approved and adopted this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammal, Kluesner, Kronfeldt, Manning, Simon. Nays--Nane. Communication of City Manager recommending to continue terms and conditions on Housing Rehab loan Ior Michael E. Portzen, 415-419 Loras Blvd., presented and read. Council Member Simon moved that the com- municatinn be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammal, Kluesner, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 381-85 APPROVAL OF LAND CONTRACT SALE BY MICHAEL PORTZEN TO WAYNE EHLERS AND CONTINUA- TION OF CITY MORTGAGE. WHEREAS, the City of Dubuque is the mortgagee as identified by record- ed instrument number 9236-83, on a housing rehab project at 415-19 Loras Blvd., Dubuque; and Michael Portzen is the mortgagor on the same instrument; and WHEREAS, the mortgagor has re- quested continuation of the terms of that mortgage in order to allow sale of the property; and WHEREAS, the record indicates this mortgage obligation has been satisfac- torily managed by the mortgagor. NOW THEREFORE, BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque Special Session, November 18, 1985 571 consents to the proposed sale of 415 Loras Blvd. by Michael Portzen to Wayne Ehlers. Section 2. The City of Dubuque agrees to continue to honor the mortgage from Michael Portzen after sale of 415-19 Loras to Wayne Ehlers with the follow- lng conditions: 1. Continuation of second mortgage status subordinate only to a present outstanding first mortgage to Dubuque Savings and Loan Association in an outstanding balance not to exceed $71,635.82; 2. All obligations and terms of the pre- sent mortgage to the City will continue to accrue to Michael Portzen in addition to the requirement that full payment of the outstanding obligation will be due if a subordinate mortgage to Dubuque Savings and Loan Association with a present outstanding balance of $17,000 is accelerated or prepaid. Section 3. The City Manager, or his designee, is authorized to execute any documents necessary to advance this proposed transaction. Passed, approved, and adopted this 18th day of November, 1985. 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, Hammal, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager re- questing adoption of a Resolution authorizing and directing Mayor to ex- ecute a Project Agreement with the Iowa DOT for City street relocation and/or reconstruction associated with the relocated project, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 382-85 Resolution Approving Project Agree- ment #86-1-042 With The Iowa Depart- ment of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Mayor is directed and authorized to execute three copies of a project agreement # 86-1-042. This agreement provides for the Iowa Department of Transportation to ac- quire and pay for the rights-of-way for connection of City streets and alleys or rights.of-way required for frontage roads as required for the relocation and reconstruction of ~S. 61 from 7th Street northerly and easterly to City Island bridge which lies within the City of Dubuque, lowa. Passed, approved and adopted this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resalution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Khiesner, Kronfaldt, Manning, Simon. Nays--None. Proof of publlcation, certified to by the Publisber, on Notice to Bidders for receipt of bids for construction of Rockdale Road Bridge AND Com- municatinn of City Manager recommen- ding to award contract for the project, presented and read. Council Member Hammel moved that th~ proof of publication and communication be received and filed. Seconded be Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Hammal, Kluesner, Kronfeldt, Manning, Simon. Nays--None. 572 Special Sessior AWARDING CONTRACT RESOLUTION NO. 383-85 WHEREAS, sealed proposals have been submitted by contractors for the Demolition and Replacement of the Ex- isting Rockdale Road Bridge pursuant to Resolution No. 321-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 25th of October, 1985. WHEREAS, said sealed proposals were opened and read on the 5th day of November, 1985 and it has been deter- mined that the bid of States Contruction of Des Moines, Iowa in the amount of $1,029,436.40 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 ira- provement be awarded to States Con- struction subject to concurrence of the Federal Highway Administration and the Manager be and is hereby directed to execute a contract on behalf of the Ci- ty of Dubuque for the complete perfor- mance of the work. Passed, approved and adopted this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammal, Kineaner, Kronfeldt, Manning, Simon. Nays--None. Conuuunication of City Manager sub- mitting Ordinance clarifying the Board of Health for the City and placing in the City Code the State requirements for a local Board of Health, presented and read. Council Member Kluesner moved that the conununication be received and [lied. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel. Kluesner, Kronfeldt, Manning, Simon. Nays--None. November 18, 1985 ORDINANCE NO. 78-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SECTION 18-1 THEREOF AND ENACTING A NEW SECTION-18-1 IN LIEU THEREOF PROVIDING FOR ESTABLISHING A BOARD OF HEALTH, SPECIFYING QUARTERLY MEETINGS, ELEC- TING OFFICERS AND DEFINING A QUORUM, presented and read. Council Member Kluesner moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Hammel, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Council Member Kluesner moved that the rule requiting an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammel, Klueaner, Kronfaldt, Manning, Simon. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 78-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 18-1 THEREOF AND ENACTING A NEW SECTION 18~1 IN LIEU THEREOF PROVIDING FOR ESTABLISHING A BOARD OF HEALTH, SPECIFYING QUAR- TERLY MEETINGS, ELECTING OFFICERS AND DEFINING A QUORUM. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 18-1 thereof and enacting a new Section 18- 1 in lieu thereof as follows: "Sec. 18-1. Board of Health. (a) The City elects to have its powers as a Board of Health as defined in Chapter 137 of the Code of Iowa exercised by the City Council of the City of Dubuque. Special Session, November 18, 1985 573 (b) The Board of Health shall meet at least four time~ yearly on the third Monday of January, April, July and October to act upon such business as may properly come before the Board. (c) Special meetings of the Board may be called as needed by the Chair, or by any three Board members. At least twenty - four (24) hours notice shall be given of special meetings except in case of emergency. (d) The Board of Health at its Jan- uary meeting shall elect one of its members to serve as Chair and one member to serve as Vice - Chair until the first meeting of the following cal- endar year. (e) Fifty (50) percent or more of the Board membership shall constitute a quorum for the transaction of any business. passed, approved and adopted this 18th day of November, 1985. James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of November, 1985. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Daich. Carried by the fu[lowing vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO, 384-85 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the foilowing having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Iowa Oil Company lOCO Speede Shoppe ~93 3250 Dodge St. Barbara Travis Lone Star Tap (My-Cap) 385 E. IMh St. Dennis & John Dolan Union Cigar Store 336 Main St. Passed, adopted and approved this 18th day of November 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Hammel, Kluesner, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 385-85 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have [lled proper bond; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Loras College College Center Alta Vista & Loras CLASS "C" BEER PERMIT TFM (Also Sunday Sales) Oky Doky//6 1256 Iowa St. Iowa Oil Company (Also Sunday Sales) 1OCO Speede Shoppe ~93 3250 Dodge St. Passed, adopted and approved this 18th day of November 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the fuilowing vote: Yeas--Mayor Brady, Council Members Deich, Hammai, Kluesner, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO, 386-85 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 in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper 574 Special Session, November 18, 1985 requesting City Treasurer be directed to prepare check in the amount of $3,750 plus interest at the rate of 10% from January 10,1985 for personal iniury claim of Ben W. Meyer, presented and read. Council Member Deich moved that the communication be received and fil- ed and Settlement approved with Finance Director te issue proper check. Seconded by Council Member Kinesner. Carried by the following vote: bonds; NOW THEREFOPoE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appli- cantls) a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Char]es H. Schrodt (Also Sunday Sales) C.J.'s Lounge 253 Main Passed, adopted and approved this 18th day of November 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Eesolution. Seconded by Council Member Manning. Carried by the following vote: .Yeas--Mayor Brady, Council Members Deich, Hammel, Klueaner, Kronfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Historic Preservation Commission of 10-22, Housing Commission of 10-30; park and Recreation Comm. of 10-15; Planning and Zoning Comm. of 10-16; Zoning Bd. of Adjustment of 10-17, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammal, Kfueaner, Kronfeldt. Manning, Simon. Nays--None. Communication of Corporation Counsel reporting back the successful conclusion of two items of litigation, presented and read. Council Member Daich moved that the communication be received and filed. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kranfaldt, Manning, Simon. Nays--None. Communication of Corporation Counsel recommending denial of prope~ ty damage claim of Edward Jenni and property damage claim of Johnson Brothers Wine Company, presented and read. Council Member Kronfeldt moved that the communications be received and filed and the Edward Jenni matter be referred to the City Manager and Johnson Bros. matter approve the denial. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Hammel, Klueaner, Kronfeldt, Manning, Simon. Nays--None. Communication of Mrs. Terry and Lowell Routley, objecting to denial of ~ersonalinjury claim of their daughter, ~resented and read. Council Member )eich moved that the communica~inn be ,efarred to the Legal Staff for investiga- tion and report. Seconded by Council Member Kluesner. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klueaner, Kronfcidt, Manning, Simon. Nays--None. NOTICES OF CLAIMS: Michael Wild et al, in the amount of $10,000 for personal injuries and Notice of Levy and Sale of Dubuque Savings and Loan Association vs. City of Dubuque et al, presented and read. Council Member Deich moved that the claim be referred to the Legal Staff for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Special Session, November 18, 1985 Members Deich, Hammel, Klueanar, Kronfeldt, Manning, Simon. Nays--None. City Assessor advising of stipulation of settlements to the District Court of propertles of Tri-State Bank of East Dubuque, presented and read. Council Member Deich moved that the notice be received and filed. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Councll Members Deich, Hammal, Kfuesner, Kranfeldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Eagle Discount #130, $75 on unexpired Class "B" Beer Permit; Kopp's Market, $75 on unexpired Class "B" Beer Permit and $50 on unexpired Cigarette License, presented and read. Council Member Deich moved that the refunds be ap- proved and Finance Director to issue the proper check. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council 575 Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims for month of September, 1985, presented and read. Council Member Deich moved that the proof of publication be received and Iii- ed. Seconded by Council Member Kluesner. Corried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Hammel, Kfuesner, Kranfeldt, Manning, Simon. Nays--None. Conununicatinns of Fred J. Pape, Jr. submitting his resignatinn from Police a~d Fireman's Pension Board and David L. Simon submitting resignation from the Human Rights commission, presented and read. Council Member Dalch moved that the communicatinns be received and filed and resignations ac- cepted. Seconded by Council Member KIuesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfuldt, Manning, Simon. Nays--None. State of Iowa) Dubuque CounW) We, the undersign 85 do hereb cer try that the foSowing is a correct of Dubuque pu ' ' General Elect/on in tho C~ty of Dubuque, held on No~omb~r. E FOLLOWING PUBLIC MEASURE BE ADOPTED7 "Shall the City of Dubuque, Iowa, SHALL TH dollars 1 000) of assessed value for the support levy a tax in the amount of ton ~10) cents per OhO thousand , COUNCIL MEMBER AT LARGE MUNICIPAL BAND David EmS PROPOSITION TOTAL Simon Stsckls YES NO VOTERS 267 155 148 198 448 261 173 102 252 454 180 126 67 166 322 187 85 63 159 293 185 160 84 191 362 576 Special Session, November 18, 1985 WARD THREE PRECINCT FLOYD R. COOK 1 124 2 107 4 6O 6 70 Absentee 7 TOTAL 535 WARD ONE BOB I~ATIE PRECINCT FELDENMAN KR1EG 12 4 290 DONALD E. DEICH TOTAL VOTING 283 448 350 454 237 022 217 295 258 362 268 356 1,604 2,257 DON DENNIS McMULLEN WHITE TOTAL VOTING 74 11 576 103 13 451 76 9 751 48 3 554 89 7 685 68 3 619 5 2 49 463 45 3,653 OTHER WRITE ' IN VOTES: WARD ONE: Melvin Lces-43,Er~l S~acki~3, Rhodes Isenhar~2, B~d Hammel-2, and Eorfest Ket te~ag, Jan~es Corbet, Brandan Q , · ohn Froinmelt, Michael McMullen, o Keppler, Richard Carpenter, Allan Thorns, Arthur Roiling Jie Klein Lois Stallsmlth, and Jack War tzberg-1 Council Member Deich moved that the above canvass of election be made a matter of record. Seconded by Coun- cfi Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, ~ranfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending acceptance of the con- struction contract for the repairs and sealcoating of the Veterans Memorial Special Session, November 18, 1985 Parking Lot, presented and read. Coun- cil Member Deich moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 387-85 WHEREAS, the contract for the Veteran's Memorial Parking Lot Sealcoating 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 acceptance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Revenue Sharing Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Ha~nmel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. FINAL ESTIMATE RESOLUTION NO. 388-85 WHEREAS, the contract for the Veteran's Memorial Parking Lot 577 Sealcoating has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: 1. That the cost of said im- provement is hereby determined to be $21,909.13 and that said amount shall be ~aid from the Revenue Sharing Fund of the City of Dubuque, Iowa. Passed, approved and adopted, this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammal, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager cecommending acceptance of Contract E-20 for landscaping performed by Nauman Nursery, Inc. at the Dubuque Dog Racing Facility, presented and read. Council Member Deich 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, Hmnmel, Kluesner, KronIeldt, Manning, Simon. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 389-85 WHEREAS, the contract for the Dubuque Dog Racing Facility Contract E-20, Landscaping has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accor- ding to the terms of the contract, plans and specifications and recommends it 578 Special Session, November 18, 1985 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendation of the City Manager be ap. proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolutlon. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Khiesner, Kronfeldt, Manning, Simon. Nays--None. FINAL ESTIMATE RESOLUTION NO. 390-85 WHEREAS, the contract for the Dubuque Dog Racing Facility Contract E-20, Landscaping 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 ail miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said ira- provement is hereby determined to be $56,771.00 and that said amount shall be paid from the Gereral Obligation Bonds of the City of Dubuque, Passed, approved and adopted, this 18th day of November, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Member Kinesner. Carried by vote: Yeas--Mayor Brady, Council Members Delch, Hammel, Kfuesner, Kronfaldt, Manning, Simon. Nays--None. Communication of Corporation Counsel advising fallowing claims have been paid out and therefore the claims personal injury of Lee A. Adams, Sewer back-up claim of Harold R. Albrecht; Property damage claim of James Herrig; Personal injury of Herbert Hine; Sewer back-up claim of Jane Wagner, presented and read. Coun- cil Member Deich moved that the com- municatinns be received and filed. Seconded by Council Member Kfuesner. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Hammel, Kfuesner, Kranfeldt, Manning, Simon. Nays--None. There being no further business, Coun- cil Member Kranfeldt moved to adjourn. Seconded by Council Member Maiming. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Hammel, Khiesner, Kronfaldt, Manning, Simon. Nays--None. Meeting adjourned at 7:59 p.m. Mary A. Davis City Clerk Approved. __1986 Adopted __1986 Mayor Council Members ATTEST: City Clerk Special Session, December CiTY OF DUBUOUE BOARD OF HEALTH OFFICIAL Board of Health, Special Session, December 2, 1985. Health Board Met At 7:25 P.M., Public Library Auditorium. Present: Chairperson Brady, Board Members Deich, Hammal, Kluesner, Kronfaldt, Manning, Simon. Chairperson Brady read the call and stated this is a Special Session of the Ci- ty Board of Health called for the pur- pose to act upon a Resolution amending the Contract between the City and the Iowa State Dept. of Health. Communication of City Manager sub- mitring for Dubuque Board of Health's consideration and acting on a contract amendment for the local Board of Health contract for State Public Health Nursing Funds, presented and read. Board Member Deich moved that the communication be received and filed. Seconded by Board Member Kronfeldt. Carried by the following vote: Yeas--Chairperson Brady, Board Members Deich, Hammal, Kluesner, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 1-85 RESOLUTION AUTHORIZING AND DIRECTING THE CHAIR TO SIGN AN AMENDMENT TO CON- TRACT #2206D-131 BETWEEN THE DUBUQUE CITY BOARD OF HEALTH AND THE IOWA STATE DEPARTMENT OF HEALTH. WHEREAS, the Dubuque City Board of Health has entered into an agreement with the State of Iowa Health Depart- ment on 6/20/85 to provide financial sup- port for public health nursing services for low-income and elderly persons hi the City of Dubuque; and WHEREAS, the State Health Department has requested that the Ci- ty approve an amendment to said con- tract which amendment will reduce funding in accordance with reductions 2, 1985 579 in all State general fund appropriations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF HEALTH AND FOR THE CITY OF DUBUQUE, IOWA: ~ection 1. That Contract amendment #1.Public Health Nursing Services to Contract Number 2206D-131 attached hereto and made apart hereof is hereby approved. Section 2. That the Chair of the Board of Health is hereby authorized and directed to execute said contract amend- ment on behalf of the Board of Health. Passed, approved and adopted this 2nd day of December, 1985. James E. Brady, Chair Dubuque City Board of Health ATTEST: Mary A. Davis, Clerk Dubuque City Board of Health Board Member Deich moved adoption of the Resolution. Seconded by Board Member Kronfeldt. Carried by the following vote: Yeas--Chairperson Brady, Board Members Deich, Hammel, Kfuesner, Kronfeldt, Manning, Simon. Nays--None. There being no further business, Board Member Deich moved to adjourn. Seconded by Board Member Hammel. Carried by the following vote: Yeas--Chairperson Brady, Board Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Mary A. Davis City Clerk Approved~1986 Adopted __1986 Chairperson