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1984 July Council Proceedings268 Special Session, June 29, 1984 There being no further business, Council Member Beurskens moved to adjourn. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskene, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- foldt. Mary A. Davis City Clerk By: Karen M. Chesterman Deputy City Clerk Approved_ __1984 Adopted _ __1984 Mayor Council Members ATTEST: City Clerk Regular Session, July 2,1984 269 CITY COUNCIL OFFICIAL Regular Session, July 2, 1984. Council Met at 7:30 o'clock p.m,, in the City Hall Council Chambers. Preaent--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- poration Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Paul Gabrielson, Ex, Director of Bethany Home. PROCLAMATIONS: July 8 thru 14 as "Eldarhostel Week" received by Jim Nelson of Clarke College. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt~ Carried by the following vote: Yeas--Mnyor Brady, Council Mem- bers Beurskuns, Deich, Hammel, Kluesnec, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for public improvements and public hearing upon proposed plans and specs., form of contract and cost of improvement for construction of Chaplain Scfonltt Memorial Island Park & Recreation Complex backstop, dugout and in- terior fencing, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Bearskens moved that the proof of publication be recelv- ed and filed. Seconded by Council Member Kronfoldt. Carried by the following vote: Yeas--Mayor BradY, Council Mem- bers Beurskens, Deich, Hammel, Elueener, Krunfeldt, Manning. Nnys--None, (Necessity For Improvement) RESOLUTION NO. 159-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- flee of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Backstop, Dugout, and Interior Fenc- lng. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned unprovement, and unless interested persons at the time of the final con- sideratinn of this proposed resolution have ~ed objections with the City Clerk to the proposed plans, speeifica- tlons, contract or estimated cost of the unprovement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- c~l and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from through the CIP levy, private fonds and a grant from the Iowa Con- servatinn Commission and the U.S. Department of the Interior. The above resolution was introduc- ed, approved and ordered placed on file with tho City Clerk this 4th day of June, 1984. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RecardofFinalAdopUon The foregoing resolutlonwas finally )aseed and adopted, as proposed by the City Councfl this 2ndduy of July, 1984. 27O Regular Session, July 2,1984 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bearskens moved adoption of the Resolution. Seconded by Cou~ncil Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurckens, Deich, Hammel, Klueaner, Kronfeldt, Manning. Nays--None. Decision of Council Upon Oblections to Plans, Spec/fications, Form of Con- tract and Cost of Improvements RESOLUTION NO. 201~1 WHEREAS, proposed plans and specifications and form of contract for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Backstop, Dugout, and Interior Fenc- iog have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertaining to public con- tracts and hands, and the time and place fixed for the hearing of ail objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 2nd day of July, 1984; and WHEREAS, the City Council met in regular session this 2nd day of July, 1984, at 7:30 p.m. at the City Council Chambers for the purpose of hearing ail interested parties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the ira- provement herein described and pfc- posed to be made; and WHEREAS, ali interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon ali objections which have been ~ed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klucener, Kronfeldt, Manning. Nays--None. (Ordering Construction) RESOLUTION NO. 202-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 159-84 which was duly passed by this Council for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Backstop, Dugout, and Interior Fenc- ing be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the property owners. All the shall be constructed in accor- dance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from through the CIP levy, private funds and a grant from the Iowa Conservation Commis- sion and the U.S. Department of the Interior. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shali be in force and effect from and Regular Session, July 2, 1984 271 after its passage and adoption by the City Council. Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klucener, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- tore of the receipt of proposals for con- struction of above project, presented and read. Council Member Beurskens moved that the proof of publication be receiv- ed and fried. Seconded by Council Member Kronfeldt. Carried by the fuliowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending to award contract for above to D & N Fence Company, Inc. of Cedar Rapids, Ia., presented and read. Council Member Bearskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Awarding Contract) RESOLUTION NO. 203-84 WHEREAS, sealed proposals have been submitted by contractors for the Chaplain Schmitt Memorial Island, Park & Recreation Complex; Backstop, Dugout, and Interior Fenc- lng pursuant to Resolution No. 161-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of June, 1984. WHEREAS, said sealed proposals were opened and read on the 26th day of June, 1984 and it has been determln- ed that the bid of D & N Fence Com- pany of Cedar Rapids, Iowa in the amount of $59,241.50 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the abov~-mentinned ira- provement be awarded to D & N Fence Company 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 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 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting documents and procedures for construction of Peru Road - Ken- nedy Court Sanitary Sewer Project, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the foHowing vote: 272 Regular Session, July 2,1984 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Necessity For Improvement RESOLUTION NO. 204-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the Peru Road - Kennedy Court Sanitary Sewer. BE IT THEREFORE RESOLVED THAT THE City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideratinn of this proposed resolution have on file with the City Clerk objec- t~ons to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- ril and are now on file with the City Clerk~ That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shah be borne by the City will be paid from the Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of defer- red payments of assessments when a contract has been performed and ac- cepted, and the proceeds thereof used to pay the contractor. The above resolution was introduc- ed, approved and ordered plac~d on file with the City Clerk this 2nd day of July, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kranfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Dalch, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. {Approving Preliminary Plans, Etc.) RESOLUTION NO. 205-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, that the proposed plans, specifications, form of contracts, etc. and all other documents contained herein for the Peru Road - Kennedy Court Sanitary Sewer Project in the estimated amount of $139,346.89 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 206-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the attached sheet, No. 1 of 1, are hereby determined to be the schedule of proposed assessments Regular Session, July 2, 1984 273 . KENNEDY COURT SANITARY sEWER, Section I and II, and the valuations set our therein, are hereby approved. Adopted this 2nd day of July, 1984. James E. Brady Mayor ~TTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Fixing Date of Hearing) RESOLUTION NO. 207-84 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion, for the Peru Road - Kennedy Court Sanitary Sewer, and, WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED, that on the 6th day of August, 1984, a public hearing will be held at 7:30 o'clock p.m. in the City Council Chambers in the City of Dubu- que at which time the owners of pro- perry sul~ject to assessment for the proposed qmprovement or any other person having an interest in the mat- ter may appear and be heard for or against the making of the improve- ment, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shah be published once each week for two consecutive weeks, the first publica- tion of which shall be not less than ten days prior to the day fixed for its con- sldaration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity they shall be deemed to have waived all objections thereto. Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Banrskens, Dalch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting procedures for awarding contract for filling and grading of area of Dubuque Dog Racing Facility, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Necessity For Improvement) RESOLUTION NO. 208-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que~ Iowa, and are now on file in the of- rice of the City Clerk showing among other tkings the plans, specifications and form of contract for the improve- mont, and an estimate of the cost for the Dubuque Dog Racing Facility, Grading. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public 274 Regular Session, July 2, 1984 welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration Qf tins proposed resolution have flied objections with the City Clerk to the proposed plans, specifica- tions, contract or estimate of cost of the improvement, they shall be deem- ed to have waived all objections thereto. Said improvement shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the General Construction Fund. The above resointion was introdac- ed, approved and ordered placed on file with the City Clerk this 2nd day of Ju- ly, 1984. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ~Prelimlnary Approval of Plans, Etc.) RESOLUTION NO. 209-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, form of contract etc. for the Dubuque Dog Racing Facility, Grading Project, in the estimated amount of 5764,326.50, are hereby approved and ordered filed in the office of the City Clerk for public inspection and are to be considered a part of the Resolution. Passed, approved and adopted tins 2nd day of July, 1984. James E. Brady Mayor ~.TTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrskens, Deich, Hammel, Kluesner, Kronieldt, Manning. Nays--None. (Fixing Date of Hearing and Author- izing Advertisement for Proposals) RESOLUTION NO. 210-84 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- lice of the City Clerk for public inspec- tion for the Dubuque Dog Racing Facility, Grading, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 16th day of July, 1984, a public hearing will be held at 7:30 p.m. in the Public Library, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said im- provement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shaII not be less than four days nor more than twenty days prior to the date fixed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived ail objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a Regular Session, July 2, 1984 275 newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 10th day of July, 1984. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held in the Public Library Auditorium at 7:30 p.m. on the 16th day of Jniy, 1984. Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re. questing a Public Hearing be held on the proposed application for UDAG assistance for the Convention Hotel, presented and read. Council Member Beurskens moved that the communication be received and filed and Public Hearing set for July 26, 1984 at 7:30 p.m. in the City Hall Council Chambers and that the City Clerk directed to publish notice in the manner prescribed by law. Second- ed by Council Member Manning. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Kinesner, Kronfaldt, Manning. Nays--None. Abstain--Council Member Hammal. Communication of City Manager re- questing an additional $15,000 for ar- chitectural services for Dog Racing Facility, presented and read. Council Menther Beurskens moved that the communication be received' and filed and request approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. 7:55 P.M. Council Member Beur- skens mgved to go into Closed Session to discuss strategy with counsel in matters that are presently in litigation in accordance with Chapter 28A.5(c) 1983 State Code of Iowa. Seconded by Council Member Kronfaldt. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. 8:37 P.M. Council reconvened. Mayor Brady advised Legal St~ff had been given direction regarding pending litigation. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors of the receipt of proposals for the construction of the 1984 Asphalt Paw lng Project, presented and road. Council Member Kluesner moved that the proof of publication be recaiv- ed and fried. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Hammel, Kluesner, Kronfeldt, Man- Nays--Mayor Brady, Council Member Dalch. Communication of City Manager recommending to award contract for above to River City Pavin4~ Inc. of Dubuque, presented and read. Council Member Kluesnor moved that the communication be received and Bled. Seconded by Council Member Kronfaldt. Carried by the following vote: Yens--Council Members Beurskens, Hammal, Kluesner, Kronfeldt, Man- ning. Nays--Mayor Brady, Council Member Deich. {Awarding Contract) RESOLUTION NO. 211-84 WHEREAS, sealed proposals have been submitted by contractors for the 1984 Asphalt Paving Project pursuant 276 Regular Session, July 2, 1984 to Resaiutlan No. 158-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 12th day of June, 1984. WHEREAS, said sealed proposals were opened and read on the 21st day of June, 1984 and it has been determin- ed that the bid of River City Paving Inc. of Dubuque in the amount of $1,128,034.82 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the abov~-mantioned im- provement be awarded to River City Paving, Inc. and the Manager be and is hereby directed to execute a con- tract in the amount of $1,084,555.00 on behalf of the City of Dubuque for the complete performance of the work excluding the seelccatlng of Southern Avenue from South Locust to Grand- view Ave. 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 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens Hammel, Kluesner, Kronfeidt, Man- ning. Nays--Mayor Brady, Council Member Deich. Communication of City Manager recommending acceptance of Iowa Street Ramp Joint Repairs and Boilard Replacements, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Daich, Hammel, Klueaner, Kronfeldt, Manning. Nays--None. (Accepting Improvement) RESOLUTION NO. 212-84 WHEREAS, the contract for the Iowa Street Parking Ramp - Joint Repairs and Boilard Replacements 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 specifica- tions and recommends its acceptance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the cgntrac- tor from the Parking Depreciation Fund in amount equal to the amount of his contract, less any retained percentage provided for therein, Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kineaner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Final Estimate) RESOLUTION NO~ 213-84 WHEREAS, the contract for the Iowa Street Parking Ramp - Joint I~- Regular Session, July 2, 1984 277 pairs and Bonard Replacements has been completed and the City Engineer has submitted his final estimate show- lng the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $32,44Z54 and that said amount shall be paid from the Parking Depreciation Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammai, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 214-84 Resohition Amending Resolution No. 140-83 By Waiving Late Filing of Ac- ceptance For Said Resolution. WHEREAS, there is now on file with the City Clerk a plat of the Sub- division to be known as "Northrange Subdivision No. 1 in the City of Dubu- quo, Iowa"; and WHEREAS, said plat was approved by the City Council on June 6, 1983 by Resolution No. 140-83 "Resolution ap- proving the plat of Northrange Sub- division No. 1 in the City of Dubuque, Iowa" and is now on file in the City Clerk's Office; and WHEREAS, Section 3 of said Resolution No. 140-83 required "ex- ecutlon of acceptance and furnishing of security as provided in Section 2 of said Resolution shall be performed within forty-live (45) days after the date of the said Resolution"; and WHEREAS, upon research of the Title Opinion for Abstract, it was noted that execution of the acceptance of said Resolution did not occur until the fifty-first (51st) day, and proper security had been provided, but was not made part of the resolution. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That Resolution No. 1404~3, adopted on the 6th day of June, 1983 is hereby amended by waiving the late filing of the acceptance of said resolution. Section 2. That proper security as re- quired, is hereby acknowledged as be~ ing in proper form and amount. Section 3. That Northrange Associates, Inc. is hereby required to acknowledge acceptance of this resolu- tion which includes all terms, eondi. tions and agreements as recited in Resolution No. 140-83 Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk TO: Mary A. Davis, City Clerk This is to certify that the security re- quired for the foregoing Resolutlon No. 214-84, and recited in Resolution No. 140-83, has been provided by the Owner. Dated at Dubuque, Iowa this 3rd day of July, 1984. W. Kenneth Gearhart W. Kenneth Gearhart, City Manager Acceptance of Resolution No. 214-84 Northrango Associates, Inc. having read the terms and conditions of the foregoing Resolution No. 214-84 and Resolution No. 140-83, and being familiar with the contents thereof, hereby accept the same and agree to perform the conditions therein quired. Northrange Associates, Inc. By: Robert A. Pfaff Robert A. Pfaff, President 278 Regular Session, July 2, 1984 By: William J. Byrne William J. Byrne, Secretary Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacting new subsections (a), lb), (c), (d), le), If), Ig), (h) and Ii) of Section 36-183 in lieu thereof providing for monthly subscriber rates and charges for Cable Television Basic Services, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the second reading of the Or- dinance. Seconded by Council Member F3uesner. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Kluesner, Kron- feldt, Manning. Nays--Council Members Deich Hammel. An ORDINANCE Amending the Code of Ordinances by providing for defining dangerous animals and the keeping, seizure, impoundment and disposition of such animals, presented and read. Council Member Deich moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 215-84 Resolution Embracing the Freeway Concept for Extension of U.S. 520 from Delaware County to the Four Lane Highway West of Dubuque WHEREAS, the five year Iowa Department of Transportation ira- provement program provides for upgrading of U.S. 520 from the Delaware County line to the four lane highway west of Dubuque in calendar year 1985 and 1986; and WHEREAS, a public hearing was held at the Dubuque County Fairgrounds on June 28, 1984 on alter. nates of an expressway or a freeway design; and WHEREAS, the City of Dubuque deems it imperative that a freeway facility be constructed to provide for continuity from the existing 520, and for providing vital connections to the interstate systems, Interstate 380 and Interstate 35; and WHEREAS, the City of Dubuque represents that improvement of this vital transportation ]ink for the future vitality of the commercial, industrial and tourism businesses of the com- munity, and for the economy of the agribusiness interest in this sector of the state; and WHEREAS, safety is of paramount importance and a freeway will reduce property losses and save human lives; and WHEREAS, Governor Branstad in his visit in Dubuque in early 1983 con- curred with the communityof the essential needs and the high priority that should be given to improved transportation corridors to the area, i.e.U.S. 520 and U.S. 61. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the Iowa Depart- rnent of Transportation be petitioned to approve plans for the construction of a freeway transportation system from the easterly county line of Delaware County to the existing 20 four lane section west of Dubuque. Section 2. That the Mayor be authorized and directed to forward the attached letter along with a copy of this resolution to the Iowa Depart- ment of Transportatior~ Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session, July 2, 1984 279 Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurakens, Deich, Hammal, 141uesner, Krunfaldt, Manning. Nays--None. BOARDS AND COMMISSIONS: Historic Preservation Commission -2 3-Year Terms to Expire 6-29-87 and 1 3-Year Term to Expire 6-29-87 (the one term for an Architect); Applicants for Architect: Paul Reasiter; Ap- plicante for At Large: Joniec Andrews, Rick Beecber, Susan Conneil-Mngee, Marien Hickey-Bunting, Virginia Sand, Rev. Wm. Wilkie, Janiea L Zen- Council Member Kronfaldt moved that Paul Rossiter be appointed in the Architect position. Seconded by Coun- cli Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Dalch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Vote on the two At-Large terms for Historic Preservation Commission: Council Member Beurskens voted for Beecber & Zenner; Mayor Brady voted for Wilkie & Zenner; Council Member Deich voted for Beecber & Zenner; Council Member Hammal voted for Beecher & Wilkie; Council Member Kluesner voted for Beecher & Wilkie; Council Member Kronfeldt voted for Beecher & Zenner; Council Member Manning voted for Beecher & I-Iickey-Bunting. Therefore, Rick Beecber & Janice Zenner reappointed to the Historic Preservation Commission for three year terms which will expire 6-29-87. Park and Recreation Commission - 2 3-Year Terms to Expire 6-30-87; Ap- plicants: Chad Cox, Tom Kersch, Max Koilach, E. Eugene Perry, Ralph Schetgen, Gene Thompson, Lyhi Galliart, Gary N. Avenarius. Vote on the appointment was as follows: Council Member Beurskens voted for Thompson & Gailiart; Mayor Brady voted for Thompson & Cox; I Council Member Deich voted for Thompson & Schetgsn; Council Member Hammel voted for Thompson & Galliart; Council Member Klussner voted for Thompson & Galliart; Court- oil Member Kronfeldt voted for Thompson & Galilar t; Council Member Manning voted for Thompson & Cox. Therefore Gene Thompson reap- pointed and Lyle Galliart appointed to 3 year terms on the Park & Rec. Com- mission which will expire June 30, 1987. TV Cable Regniatory Commission -2 3-Year Terms to Expire 6-30-87; Ap- plicants: Jerome Elders, Charles Ellis, Carl Heathcote, Mark Willging, Pran- ds Chesllk. Vote on the appointment was as follows: Council Member Beurskens voted for Ellis & Willging; Mayor Brady voted for Ellis & Willging; Council Member Deich voted for Ellis & Willg- ing; Council Member Hammal voted for Elders & Heathcote; Council Member Kluesner voted for Ellis & Willging; Council Member Kronfeldt voted for Ellis & Willging; Council Member Manning voted for Heathcote and Wiilging. Therefore, Charles Ellis & Mark Willging reappointed to the TV Cable Regulatory Commission for three year terms to expire June 30, 1987. TV Cable Taleprogramming Com- mission - 3 3-Year Terms to Expire 6-30-87; Applicants: Burton Everist, Sr. Carol Hoverman, Stephen Jewett, Bobert McCurdy, Rosemary Lake, Francis E. Cbesllk. Vote on the appointment was as follows: Council Member Beurskens voted for Everiat, Hoverman & Lake; Mayor Brady voted for Everiat, Jewett & Cbesllk; Council Member Deich voted for Everiat, Hoverman & Lake; Coun- cil Member Hammel voted for Hover- man, Jewett, & Lake; Council Member Kluesner voted for Hoverman, Jewett and Cheslik; Council Member Kronfeldt voted for McCurdy; Council Member Manning voted for Everist, Hovarmun & Lake. Therefore Burton Everist reap. pointed and Sr. Carol Hovarman and Rosemary Lake appointed to the TV 280 RegularSession, July2,1984 Cable Teleprogramming Commission for three year terms to expire 6-30-87. RESOLUTION NO. 216-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Victorinia Ellis 120 West 4th St. Harriet J. (]inter and Nancy Pitzer 1545 S. Grnndvtew Ave. Judith M. Sandidge 2535 Washington St. Dennis and John Dolan 336 Main St. Gerald Kirchberg 3203 Jackson St. Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member De(ch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Da(ch, Hammel Kluesner, Kronfeidt, Manning. Nays--None. RESOLUTION NO. 217-84 WHEREAS,~Applications for Beer Permits have been submitted and fried 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 fried proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Pueateri Bros. Inc. 2400 Central Ave. Gerald Kirchberg 3203 Jackson St. CLASS "C" BEER PERMIT lichard Palmer, James McDonough. Robert Leater, Clifford Hart, and Chuck Wiebke 486 N. Grandview Ave. (Also Sunday Sales) Harriet J. Ginter and Nancy E. Pitzer 1545 S. Grandview Ave. (Also Sunday Sales) Revco Discount Drug Centers of Iowa U.S. 20 at Mercer Dr, (Also Sunday Sales) Heinz Convenience Stores, Inc. 3301 Pennsylvania Ave. (Also Sunday Sales) Hy-Vee Food Stores, Inc. 3333 Asbury Road {Also Sunday Sales) Passed, approved and adopted this 2nd day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member De(ch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 218-84 WHEREAS, Applications for Li- quor Licenses have been submitted to ~his Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- Regular Session, July 2,1984 281 plicant(s) a Liquor License. CLASS "C" (COMMERCIAL) B~R AND LIQUOR LICENSE James J. Blrkett 55 Locust St, Fischer & Company, Inc. 880 Locust St. (Also Sunday Sales) Jalm M. FitzPatrick & William F. l~dfy 2600 Dodge St. Curtis Lynn Gerhard 2186 Central Ave. (Also Sunday Sales) House of China Co., 2535 J. F. Kennedy Rd. (Also Sunday Sales) Passed, approved and adopted this 2nd day of July, 1984, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member De(ch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beursknns, De(ch, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. MINUTES SUBMITTED: Cable Community Teieprogramm/ng Comnt of 6-5; Five Flags Comm. of 6-18; Housing Comm. of 6-19; Human R/ghts Comm. of 6-11; Airport Comm. of 6-19; Mechanical Bd. of 6-5; Transit Bd. Earnings Statement & Statistics for month of May, 1984, presented and read. Council Member Kronfeidt moved that the minutes be received and filed. Seconded by Council Member De(ch. Carried by the f011owing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Hammel, Klueener, Kcenfeidt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Ronald Koppen, in amt. of $300,000 f~r various reasons; Michael T. Mattel in amt. of $200 for loss of persona( prc- perty; Jeffrey Pitz in unknown amt. for car damages; Bill Stoffei, in amt. of $65 for loss of persona( property, presented and read. Council Member Kronfeldt moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member De(ch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskene, De(ch, Hammel, Kluesner, Kronfaldt, Manning. Nays--None. Communication of Corporation Counsel Lindahl recommending settle- ment of claim of Jane Regsn in amt. of $697.55 with interest plus court costs in the amount of $19.55, presented and Council Member Kronfeldt moved that the communication be received and fried and settlement approved and Finance Director to issue proper check(s). Seconded by Council Member De(ch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Da(ch, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel Lindahi recommending mat- ter of Wm. Gartner's claim be closed; recommending personal injury claim of Betty Krieg be denied; recommen- ding property damage claim of John Meyer be denied and closed, presented and read. Council Member Kronfeldt moved that the communications be received and filed and denials and closings ap- proved. Seconded by Council Member De(ch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Da(ch, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Petition of Leo M. Ungs, Dubuque County Institutional Accounts, r~- questing suspension of real estate taxes for three citizens, presented and Council Member Kronfeldt moved that the pet/tion be approved. Second- ed by Council Member De(ch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Bourskene, De(ch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. 282 Regular Session, July 2, 1984 Communication of DMATS Policy Committee advising City has jurisdic- tion over part of Asbury Road for con- struction of sidewalks and implemen- tatinn is the responsib'dity of the City, . presented and read. Council Member Kronfeldt moved that the matter be referred to the City Manager. Seconded by Council Member Deich. Carried by the follow. ing vote: Yeas--Mayor Brady, Counell Mere- here Bourekens, Deleh, Hammol, Klueener, Kronfsidt, Mann~. Nays--None. ?here being no further business, Coune'il Memb~ Kronfoldt moved to adjourn. Seconded by Council Member B~xrsk~ns. Carried by the following Yeas--Mayor Brady, Council Mom- bets Beurskens, Daieh, Hammai, Kinesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved______1984 Adopted __1984 Mayor Council Member s ATTEST: City Clerk Special Session, July 16, 1984 283 CITY COUNCIL OFFICIAL Special Session, July 16, 1984. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Dsich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- poration Counsel William G. Bium. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a public hearing on the issuance of Commercial Development Revenue Bonds Series 1984 (Investment Counselors Project) in an amount not to exceed $10,000,000.00 and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Ben Brumfisid, Pastor of the Church of Christ. Council Member Deich moved to suspend the rules to let anyone pre sent address the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for public improvements and public hearing upon proposed plans and specifica- tions, etc. for construction of Dubuque Dog Racing Facility, grading, presented and read. There were no written objections received. Robert J. Schnite objected to Coun- cil acting upon bids received as his bid was rejected due to an inadvertent bonding problem and he could save the City money, if considered. Council Member Beurskens moved to receive and file the proof of pubilca- tion. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Necessity for Improvement) RESOLUTION NO. 20~84 WHEREAS, proposed plans have )een duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- fice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Dubuque Dog Racing Facility, Grading. BE IT THEREFORE RESOLVED that the City Council deems it ad- vieable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideratlon of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimate of cost of the improvement, they shall be deem- ed to have waived ail objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specillcatlons which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the General Construction Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 2nd day of Ju- ly, 1984. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Record of Final Adoption The foregoing resolution was finally passed and adopted, as proposed by the City Council this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 284 Special Session, July 16, 1984 Council Member Beurskens moved final adoption of the Resolution. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 219-84 WHEREAS, proposed plans and specifications and form of contract for the Dubuque Dog Racing Facility, Grading have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertaining to public contracts and bonds, and the time and place fixed for the hearing of ali objec- tions to said plans, specifications or contract for or cost of such ira- provements, said time being this 16th day of July, 1984; and WHEREAS, the City Council met in special session this 16th day of July, 1984, at 7:30 p.m. at the Public Library Auditorium for the purpose of hearing ail interested parties and con- sidering any and ali objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that ali objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this Resolution containing the decision of this City Council upon ali objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 16th day of July, 1984, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfcidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Prcof of publication, certified to by the Publisher, on Notice to Contrac- tors of the receipt of proposals for the Dubuque Dog Racing Facility AND Communication of City Manager sub- mitring results of bids received on Ju- ly 10, 1984 regarding above project, presented and read. Council Member Beurskens moved that the proof and communication be received and filed. Seconded by Coun- cil Member Kronfcidt. Carrled by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council gave direction to reject the present bids and readvertise for same. Proof of publication, certified to by the Publisher, on Notice of Intention to Issue Commercial Development Revenue Bonds, Series 1984 (Invest- ment Counselors Project) in a principal amount not to exceed $10,000,000 presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be recsiv' ed and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Special Session, July 16, 1984 285 Kronfcidt, Manning. Nays--None. Abstain--Council Member Hammel. RESOLUTION NO. 229-84 Resolution to Proceed with the Is- suance and Sale of Commercial Development Revenue Bonds, Series 1984 (Investment Counselors Project) in an aggregate principal amount not to exceed $10,000,000 WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the !'Issuer") is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise or non- profit organization which this Council finds is consistent with an urban renewal plan for an urban renewal area which has been designated by the City; and WHEREAS, the Issuer has been re- quested by Investment Counselors, Inc. (the "Company"), an Iowa cor- poratinn, to issue its commercial development revenue bonds to finance in part the acquisition by construction or purchase of land, a building, equip- ment and improvements suitable for use as a hotel with approximately 200 rooms, plus meeting rooms, restau- rants, recreational facilities, connner- cial and retail shop space, and parking facilities, to be connected by skywalk to the Five.Flags Civic Center (the "Project") located within the Issuer on the block bounded by Main Street on the east, Iowa Street on the west, 4th Street on the south and 5th Street on the north, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance in part the cost of the Project through the issuance of Commercial Development Revenue Bonds, Series 1984 (Investment Counselors Project) of the Issuer in an aggregate principal amount not to exceed $10,000,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, or a partnership in which the Company will be a partner, the obligation of which will be sufficient to pay the prin- cipal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objec- tions or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. It is hereby determined that it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance the cost of the Projec~ and such ac- tions will be taken by the Issuer as may be required pursuant to the pmvi- sions of the Act to authorize, issue and sell the Bonds. Section 2. The Issuer will enter into into by the Issuer in connection with the issuance and sale of the Bonds. The City Attorney shall approve all agreements to be entered into in con- nection with the issuance of the Bonds and such agreements shall be authoriz- ed and approved by the City Council of the Issuer after due consideration prior to their execution by the Issuer. Section 3. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Pro- ject and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon its passage and approval. Sp~l Session, July 15, Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seall Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Kineaner Kronfeldt, Manning. Nays--None. Abstain--Council Member Hammel. Communication of City Manager r~- questing a Public Hearing be held pre- vidlng for the issuance of Urban Renewal Tax Increment Revenue Bonds for downtown convention hotel, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by tho following vote: yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Kronfeldt, Manning. Nays--Hone. Abstain--Council Member Hanunel. RESOLUTION NO. 221-84 Resolution Fixing Date for a Meeting on the Proposition of the Issuance of $1,200,000 Urban Renewal Tax Incre- ment Revenue Bonds, of Dubuque, Iowa, and Providing for Publication of Notice Thereof. WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue Urban Renewal Tax Increment Revenue Bonds, to the amount of 51,200,000, as authorized by Section 403.9, of the City Code of Iowa, for the purpose of providing funds to pay costs of carry- lng out a project as hereinafter described; and WHEREAS, neither Section 403.9 nor any other Code provision sets forth any procedural action required to be taken before said Revenue Bonds may be issued, and pursuant to Sec- tion 364.6 of the City Code of Iowa, it is determined that the procedure specified in Code Section 384.25 shall apply and it is deemed sufficient that the action hereinafter described be taken and the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/er written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the City Hall Council Chambers, Dubuque, Iowa, at 7:30 o'clock p. or, on the 2~th day of Jaiy, 1984, for the pu~ pose of taking action on the matter of the issuance of $1,200,000 Urban Renewal Tax Increment Revenue Bonds, the proceeds of which will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of the Downtown Dubuque Urban Renewal project, Section 2. That the Clerk is hereby directed to cause at least one publico~ tion to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public m~eting on the issuance of said Revenue Bonds. Section 3. The notice of the proposed shall be in substantially the Notice of Meeting of the Council of the City of Dubuque, Iowa, on the Matter of the Proposed Issuauce of $1,200,000 Urban Renewal Tax Increment Reve- nue Bonds of said City, and the Hear- lng on the Issuance Thereof PUBLIC NOTICE is hereby given that the Council of the City of Dubu- qua, Iowa, will hold a public hearing on the 26th day of July, 1984, at 7:30 o'clock p.m., in the City Hall Council Chambers, Dubuque, Iowa, at which Special Session, July 16, 1984 287 meeting the Council proposes to take additional action for the issuance of $1,200,000 Urban Renewal Tax Inert- ment Revenue Bonds in order to pro- vide funds to pay costs of aiding in the planning, undertaking and carrying out of the Downtown Dubuque Urban Henewal Project, Iowa R-15. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and con- sidereal, the Council will at this meeting or at any adjournment thereafter, take add/tional action for the issuance of said Revenue Bonds or will abandon the proposal to issue said Revenue Bonds. By order of the Coun- cfi said hearing and appeals therefrom shall be held in accordance with and governed by the provisions of Section 384.25 of the City Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 384.25 and 364.6 of the City Code of Iowa. Code Section 384.25 shall govern this meeting and action taken thereat. Dated this 16th day of July, 1984. Mary A. Davis City Clerk of Dubuque, Iowa (End of Notice) Passed, and approved this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dcich, Kluesner, Kronfeldt, Manning. Nays--None. Abstain--Council Member Hammel. Communication oI Planning and Zoning Commission approving plat of FDL First Addition, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO, 222-84 Resolution Approving the Final Plat of FDL First Addition to the City of Dubuque, Iowa and Authorizing Ex- ecution of Consent to Plat Thereof by the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a final plat of FDL First Addition in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or~ dlnances relating thereto; and WHEREAS, said plat has been ap- proved by the City Planning and Zen- ~ng Commission on the condition that Lot 2 will be developable only when an improved public access is provided and that Lot 3 be maintained for future public right-of-way; and WHEREAS~ said plat has been ex- amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs in the condition of approval e~tabllshed by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and are hereby authorized and directed to dorse the approval of the City of Dubu~ qua upon said pla~ provided that the owner of said property shall execute written acceptance hereto attached, acknowledging and agreeing: a) Lot 2 will be developable only 288 Special Session, July 16,1984 when an improved public access is provided. b) Lot 3 will be maintained for future public right-of-way; and Section 2. That in the event the owner fails to execute the Acceptance provided for in Section i herein within forty.five (45) days after the date of the Resolution, the provisions herein shall be null and void and th~ approval of the Plat shall not be effective. Passed, approved and adopted this 16th day of Jniy, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Haromel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Resolutions (2) providing for change in recorded security in- terests to allow FDL Fcods, Inc. to build a covered anaerobic pretreat- ment facility, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kluesnar. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammai, Klnasner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 223-84 A Resointion Declarlng the Intent of the City of Dubuque, Iowa, to Dispose of Interests in Certain Real Estate. WHEREAS, FDL Foods, Inc. ex- ecuted and delivered a Real Estate Mortgage to the City of Dubuque, Iowa, in connection with UDAO Grant Agreement, UDAG Grant Number B-81-AA-19-001614), which Mortgage was filed December 9, 1982, as Instru- ment No. 6742-82; and WHEREAS, FDL Foods, Inc. ex- ecuted and delivered a Real Estate Mortgage to American Trust & Sav- ings Bank dated and filed October 15, 1982~ as Instrument No. 5652-82 in connection with a purchase money loan; and ~ Trust & Sav- ings Bank proposes to lend an addi- tional $1,300,000.00 to FDL Foods, Inc. to build a covered anaerobic under the provi- Additional Ad- vancee, of its Mortgage; and WHEREAS, as a condition prece- dent to making said additional loan to ?DL Foods, Inc., American Trust & Savings Bank is requiring that all iuhior real estate lienkolders execute Subordination Agreements subor- dlnating the liens of their real estate mortgages to the additional advance to be made to FDL Foods, Inc. by American Trust & Savings Bank; and WHEREAS, said disposal of in- terest in reel estate shah be in con- sideration of the benefits which will ac- crue to the City of Dubuque's Waste Water Treatment Plant by reason of the decreased effluent loading and flow equalization which will result from the building and operation of the covered anaerobic pretreatment facili- ty by FDL Foods, Inc.; and WHEREAS, execution of said Subordination Agreement on behalf of the City of Dubuque is determined to be in the public interest: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. It is the intent of the City Council of the City of Dubuque, lows, to subordinate the FDL Foods, Inc. Dubuque Plant real estate lien of the City of Dubuque, Iowa, arising out ora Mortgage filed December 9, 1982, as Instrument No. 6742-82, to th~ real estate lien of American Trust & Say- ings Bank, arising out of a Mortgage dated and filed October 15, 1982, as In- strument No. 5652-82, with reference to the additional $1,300,060.00 to be loan- ed by American Trust & Savings Bank to FDL Foods, Inc. to build a covered anaerobic pretreatment facility under Special Session July 16, 1984 289 the provisions of Paragraph 1, Addi- tional Advances of its Mortgage, both Mortgages being secured by the follow- ing described real estate owned by FDL Foods, Inc., Mortgagor, in the City of Dubuque, Dubuque County, Iowa: The west half of lot 252, lot 253, lot 254, lot 285, lot 286, lot 288, the south half of lot 289, lots 1 and 2 of the north half of lot 292, the south half of lot 292, lots 293, 294, 295, 296, 297, 298, lot 1 of lot 299, lot 1 of lot 1 of lots 300 and 301, lot 300A, lot 300B, lot 300C; that portion of vacated Maple Street, lying between the north curb line of East 16th Streets to the south curb line of East 17th Street; lot 2 of lot 1 of lot 304, lot 1 of lot 2 of lot 305, lot 1 of lot "B' of lot 1 of lot 305; lot 2 of lot 1 of Vacated Maple Street north of 18th Street; lots 306, 307, 308, 309, 310, lots i and 2 of lot 311, lots 312, 313, 314, 315, 316, 319, 323, the north half of lot 325, lots 346, 347, 348, lots 1 and 2 of lot 349, lot 351, west 1/2 of lot 352, lot 2 of lot 354, lots 383, 385, 386, 387, 429, 430, the northerly 48.2 feet of lots 431, lots 355, 444, 445, 446, 447, 448, 469, 470, 471, 472, 473, 484, 485, 486, 487, 488, 643; the vacated "unvacated portion of 18th Street from Sycamore Street eastward to Lynn Street"; the vacated "unvacated portion of 17th Street from Sycamore Street to Lynn Street"; the vacated alley running north and south parallel to Sycamore Street between 17th Street and 18th Street, and, Sycamore and Lynn Streets; the vacated "unvacated portion of Lynn Street from 18th Street to 17th Street"; the vacated "unvacated portion of Sycamore Street situated north of the north side of 16th Street running northerly to the south side of the vacated portion of East 19th Street"; in East Dubuque No. 2, in the City of Dubuque, Iowa. Lots A, B and C, of Dubuque Packing Company Addition, in the City of Dubuque, Iowa. Lot 2 of lot 2 of RIVERFRONT SUBDIVISION NUMBER 4, in the City of Dubuque, Iowa Lot 2 of lot 3, lot 1 of lot 1 of lot 4, and, lot 2 of lot 5, in Block 2, in Railroad Addition, in the City of Dubuque, Iowa Lot 2 of "Vacated East Nine- teenth Street between East line of Mineral Lot 106 and West line of Original Sycamore Street tended", in the City of Dubuque, Iowa Lot "A" of Minerai Lot 106 (ac- cording to the Correction Plat recorded as Instrument No. 8861-77), in the City of Dubuque, Iowa Lot 1 "A" of Block 5, in Dubuque Packing Company Ad- ditlon, in the City of Dubuque, Iowa Lot 1, in Block 2, of Dubuque Packing Company Addition, in the City of Dubuque, Iowa Lot 1, in Block 3, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa Block 4, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa Lot 1, in Block 5, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa Block 6, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa Lot 2, in Block 8, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa according to the respective recorded Plats thereof. Subject to easements, reservations, rights and privileges of record. Section 2. That the City Clerk is hereby directed to give notice in the manner required by law of a public hearing to be held on July 2~ 1984, at Z'30 p.r~ in the Council Chambers in the City Hal~ at which time and place all interested parties will be given op- portunity to be heard for or against the proposal to dispose of the real estate interest herein described~ Passed~ approved and adopted this 16th day of July, 1984. James E. Brady Mayor Special Session, July 16, 1984 ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, FAueener, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 224-84 A Resolution Declaring the Intent of the City of Dubuque, Iowa, to Dispose of Interests in Certain Real Estate. WHEREAS, FDL Foods, Inc. ex- ecuted and delivered a Real Estate Mortgage to the City of Dubuque, Iowa, filed December 9, 1982, as In- strument No. 6742-82, and a Financing Statement fried December 9, 1982, as Instrument No. 6743-82, both in con- nection with UDAG Grant Agre~ ment, UDAG Grant Number B-81-AA- 19-0016(4); and WHEREAS, Lot 2 of Lot 2 of River- front Subdivision No. 4; and, Lot 2, in Block 8, in Dubuque Packing Com- pany Addition, both in the City of Dubuque, Iowa, were among the real estate parcels described in said Mor- tgage and Financing Statement; and WHEREAS, the City of Dubuque, Iowa, has approved the subdivision plat of said parcels into a subdivision referred to as FDL First Addition; and WHEREAS, Lot 1 of FDL First Ad- ditlon is to be conveyed by FDL Foods, Inc. to Art Papa Transfer, Inc. in consummation of the exercise of an Option Agreement between Dubuque Packing Company and Art Papa Transfer, Inc. dated February 7, 1979, as amended, extended, and assigned by Dubuque Packing Company to FDL Foods, Inc. on October 15, 1982; and WHEREAS, Lot 3 of FDL First Ad- dition will be conveyed to the City of Dubuque, Iowa, for the right-of-way from Kerper Boulevard to the westerly line of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, and that the liens on said property need to be released to expedite conveyance; and WHEREAS, said disposal of in- terest in real estate is supported by good and sufficient consideration; and WHEREAS, execution of Partial Releases of Real Estate Mortgage and Partial Releases of Financing Stat~ ment on behalf of the City of Dubuque is determined to be in the public in- terest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. It is the intent of the City Council of the City of Dubuque, Iowa, to release the liens arising out of a Mortgage filed December 9, 1982, as Instrument No. 6742~82, and a Financ. ing Statement filed December 9, 1982, as Instrument No. 6743~2, as to the following described real estate located in the City of Dubuque, Iowa, only: Lot 1 and Lot 3 of FDL First Addition to the City of Dubuque, Iowa. Section 2. That the City Clerk is hereby directed to give notice in the manner required by law of a public hearing to be held on July 2~ 198~ at Z'30 p.m. in the City Hall Council Chambers, at which time and p/ace all interested parties will be given oppo~ tunity to be heard for or against the proposal to dispose of the real estate interests herein deseribec~ Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing approval of Ordinance va- Special Session, July 16, 1984 291 eating a portion of East 19th St. and disposing of same to FDL Foods, Inc., presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Khiesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Vacating a per- tion of East 19th St. in the City of Dubuque and disposition of same to FDL Foods, Inc. in the amount of $20,000, presented and read. Council Member Beursknns moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beursknns, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beursknns, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Bearskens moved that a Public Hearing be held on the Ordinance on July 26, 1984 at 7:30 p.m. in the City Hall Council Chambers and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending approval of Lease A~reements between City and the Dubuque Montessori School, Inc. and requesting public hearing be held on same, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beursknns, Deieh, Hammal, Khieener, Kronfeldt~ Manning. Nays--None. RESOLUTION NO. 225-84 Declaring City Council Intent to Lease Richard J. Sinttery Center to Dubuque Montessorl School, Inc. and Authoriz- ing Public Hearing WHEREAS, the City of Dubuque is the owner and operator of a public facility known as the "Richard J. Slat- tery Center"; and WHEREAS, the City of Dubuque desires to lease the Richard J. Slattery Center to Dubuque Montessori School, Inc; and WHEREAS, the lease of the Richard J. Shittery Center to Dubuque Montessori School, Inc., is determined to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is the intent of the City Council of the City of Dubuque, Iowa to lease, after a publlc hearing, to the Dubuque Montessori Schoo~ Inc., the Richard J. $1attery Center, located in Flora Park in the City of Dubuque, for the purpose of operating a preschool. Section 2. That the lease, attacked hereto and made apart hereof, of such property shall be in consideration of the sum of $4~000 per year, plus utilities, for the first five years, and shall be subject to such terms and con- ditions as set forth in the lease. Section 3. That the City Clerk is hereby directed to give notice in the manner required by law of a public hearing to be held on July 2~ 1984, at 7:30 p.m., in the City Council Chambers, City Hal~ Dubuque, Iowa, at which time and place all interested parties will be given opportunity to be Special Session, July 16, 1984 293 292 Special Session, July 16, 1984 heard for or against the proposal to lease the facility herein deseribec~ Passed, approved and adopted this I6th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dalch, Hammel, Klnosner, Krnnfeldt, Manning. Nays--None. Communication of City Manager submitting necessary Resolutions pro- riding for the soliciting of bids and award of contract for purchase of residential water meters, presented and read. Council Member Klucener moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurakens, Daich, Hammal, Kinesner, Kronfeldt, Manning. Nays--None. (Necessity for Improvement) RESOLUTION NO. 226-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- fice of the City Clerk showing among other things the plans, specifications and form of contract for the ira- provement, and an estimate of the cost for the Replacement of Residential Water Meters (5/8" Size). BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- slderatinn of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the imprOVement, they shall be deemed to have waived ail objections thereto. Said improvement shall be con. structed and done in accordance with tbe plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk· That the cost and expense of making such improvement will be paid he Water Construction Fund· This above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 16th day of Ju- ly, 1984. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved ap- proval of the Resointlon. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. (Fixing Date of Hearing and Author- izing Advertisement for Proposals) RESOLUTION NO. 227-84 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- Clerk for public inspec- ~ for the Replacement of Residen- tial Water Meters 15/8" Size), and WHEREAS, the proposed Resalu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 6th day of August, 1984, a public hearing will be held at 7:30 p.m. in the City Hall Coun- dl Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jectlons with the City Clerk, they shall be deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 30th day of July, 1984. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held in the City Hall Council Chambers at 7:30 p.m. on the 6th day of August, 1984. Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klansnor moved adoption of the Resolution. Seconded by Council Member Deich, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beursknns, Dalch, Hammal, Kluesner, Kranfeldt, Manning. Nays--None. Petition containing 33 signatures from residents in the Lagen Street, Ellen Street, Grant Street, Winne Court and Keymeer Street areas re- questing a bigger sewer system in their area, presented and read· Gary Schroeder, 3589 Keymeer, Bet- · ty Fox of 3562 Keymeer and Mike Murphy of 3524 Keymeer related the numerous times of the problematic sewer back-up and requested firm com- mitment from Council to take care of the problem. Bob Wiliey, 1910 Lagen and Greg Luchsinger of 1916 Lagen, stressed the mess of coping with the problem and objected to more residents being added to the sewer line when it is insuf- ficient. Richard Repp of 1925 Grant St. and Fransen of 3528 Keymeer liar valves installed do not help and during times of heavy rains etc. the yards are unuseable. Council Member Kluesner moved that tho petition be received and filed and that the City Manager and Staff bring back a report at a future Work Session as to what might be done. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None, Petition containing 114 signatures requesting Council to reduce Group W Cable's Rate Increase by 50 percent, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Kines- ner. Carded by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 26-84 ~N ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING NEW SUBSECTIONS (a), (e), (d), (e), (f), (g), (h) AND (i) OF SEC- TION 36-184 IN LIEU THEREOF PROVIDING FOR MONTHLY SUB- SCRIBER RATES AND CHARGES FOR CABLE TELEVISION BASIC SERVICES, SAID ORDINANCE HAVING BEEN presented and read at the Council Meetings of June 25, 1984 and July 2, 1984, presented for final adoption· Mayor Brady moved to amend the Ordinance to reduce the Basic Fee fi-om $3.27 to $2.96. Seconded by Council Member Deich. Vote on the 294 Special Session, July 16, 1984 motion was as follows: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel. Nays--Council Members Beurskens, Kluesner, Kronfeldt, Manning, MOTION FAILED. ORDINANCE NO. 20-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTIONS (a), (b), (c), (d), (e), (f), (g), (h) AND (i) OF SECTION 36-183 THEREOF AND ENACTING NEW SUBSEC- TIONS (a), (b), (c), (d), (e), (f), (g), (h) AND (i) OF SECTION 36-183 IN LIEU THEREOF PROVIDING FOR MONTHLY SUBSCRIBER RATES AND CHARGES FOR CABLE TELEVISION BASIC SERVICES. 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 tbe City of Dubuque, Iowa be amended by repealing Subsections (a), (b), (c), (d), (e), (f), (g), (h) and (i) of Section 36-183 thereof and enact- ing new Subsections (a), (b), (c), (d), (e), (O, (g), (h) and (i) of Section 36- 183 in lieu thereof as follows: "Sec. 36-183. Monthly Subscriber Rates and Charges. a) Single residential unit, basic set- vice: Installation charge - Twenty-four dollars and ninety-five cents ($24.95). Operator-owned converter, monthly - Eleven dollars and fifty-two cents ($11.52). Subscriber - owned converter, monthly - Eleven dollars and fifty-two cents ($11.52). b) Multiple dwelling unit (per unit billing) basic service: Installation charge - Twenty-four dollars and ninety-five cents ($24.95). Operator-owned converter, monthly - Eleven dollars and fifty-two cents ($11.52). Subscriber - owned converter, monthly - Eleven dollars and fifty-two cents ($11.52). c) Institutional dwelling (hospitals, health care centers. Statement must go to a single billing address and for no less than six (6) units per building): Installation charge - Time needed and materials. Operator-owned converter, monthly - Six dollars and sixty-five cents ($6.65). Subscriber - owned converter, montbly - Three dollars and ninety- one cents ($3.91). Rate is for one outlet and one non- addressable converter in each room, suite or common area for residents. No other basic service or rate shall be available to the institution except for the rate established for educational or public building usage. d) Institutional dwelling (hotels, motels, dormitories. Statement must go to a single billing address and for no less than six (6) units per building): Installation charge - Time needed and materials. Operator-owned converter, monthly - Eight dollars and three cents ($8.03). Subscriber - owned converter, monthly - Four dollars and twelve cents ($4.12). Rate is for one outlet and one non addressable converter in each room, suite or common area for residents. No other basic service or rate shall be available to the institution except for the rate established for educational or public building usage. e) Institutional dwelling (condomin- iums, apartments. Statement must go to a single billing address and for no less than six (6) units per building): Installation charge - Time and materials. Operator-owned converter, monthly - Nine dollars and forty-three cents ($9.43). Subscriber - owned converter, monthly - Nine dollars and forty-three cents ($9.43). Each condominium or apartment to receive two (2) outlets and one non- addressable converter. f) Senior citizen rate (subscribers must provide proof that they are over sixty- five (65) years of age and head of household), basic service: Installation charge - Twenty-four dollars and ninety-five cents ($24.95). Operator-owned converter, monthly - Ten dollars and thirty-six cents ($10.36). Subscriber - owned converter, monthly - Ten dollars and thirty-six cents ($10.36) g) Contract rate (available only to sub- scribers who have a valid "lifetime" contract), basic service: Installation charge - Twenty-four dollars and ninety-five cents ($24.95). Operator-owned converter, monthly - Ten dollars and two cents ($10.02). Subscriber - owned converter, monthly - Ten dollars and two cents ($10.0g). h) Educational and public building Special Session, July 16, 1984 295 unit, basic service: Installation charge - Time and materials. Operator-owned converter, monthly - No charge Subscriber - owned converter monthly - No charge. i) Commercial unit: 1) Radio and TV sales and service for each establishment. Installation charge - Time and matefials. Modified basic service including one outlet and one nonaddressable con- verter- Eleven dollars and fifty-two cents ($11.52). User may add as many additional outlets as needed using their equip- ment; providing, however, such equip- ment shall be cable compatible and shall not create interference to the cable system or its subscribers. 2) All other basic service: Installation charge - Time and materials. Operator-owned converter, monthly - Eleven dollars and fifty-two cents ($li.52). Subscriber - owned converter monthly - Eleven dollars and fifty-two cents ($11.52)." PASSED, APPROVED AND ADOPTED this 16th day of July, 1984. JAMES E. BRADY, MAYOR A2~FEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 19th day of July, 1984. Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Klues- ncr. Carried by the following vote: Yeas--Council Members Beurskens, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Members Deich, Hammel. Petition of Dubuque Arboretum Association requesting the name of "Brevan Street" be changed to "Ar- boretum Drive" and that a street sign be installed, presented and read. Council Member Kronfeldt moved that the petition be received and fried and request approved, and refer the matter to the Staff for implementa- tion. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammol, Kluesner, Kronfeldt, Manning. Nays--None. Conununication of City Manager submitting a Resolution approving an amendment to the Downtown Urban Renewal Disposition Plan, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by tho following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Klues- ncr, Kronfeldt, Manning. Nays--None. Abstain--Council Member Hammel. RESOLUTION NO. 228-84 A Resolution Approving an Amend- ment to the Downtown Urban Re- newal Disposition Plan. WHEREAS, the City of Dubuque, Iowa did on July 25, 1984 adopt a Resolution tl) approving the minimum requirement, competitive criteria, of- fering documents and procedures for disposition of Downtown Urban Renewal Disposition Plan Parcel No, 4-2; and {2) soliciting proposals to pur- chase said Parcel for development of a convention hotel; and WHEREAS, the City Council finds that it is in the public interest to amend such Resolution, specifically the following sections: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Resolution dated July 25, 1984 b~ and the same is amended by repealing Section 2 thereof, and by adopting a new Section 2 in lieu thereof, as follows: "Section 2. That the disposition price of the property shall be in the amount of $136,000 for outright pu~ chase of the property, which price is its fair value as established by an updated and amended reuse ap- prasa~ prepared on June 22, 1984 in acco~ance with the Urban Re- newal Pla~ " Special Session, July 16, 1984 Section 2. That the Resolution dated July 25, 1984 be and the same is amended by repealing Section 3 (g) thereof, and by adopting a new Section $ (g) in lieu thereof, as follows: "Section 3 (g). Includes a construe- tion schedule which meets the fol- lowing: construction shall commence within on~-hundred and eighty (180) days of conveyance and shall be completed within twenty-four (24) months of the date of conveyance." Section 3. That the Mayor and the City Clerk be and they are hereby authorized and directed to endorse the approval of said Resolution for and on behalf of the City of Dubuque. Passed, approved and adopted tkis 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Resolution authorizing publication of Environmental Review findings for two projects, presented and read. Council Member Kronieldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Abstain--Council Member Hammel. RESOLUTION NO. 229-84 A Resolution Authorizing Publication of Notice of Environmental Review Findings for Certain Community Development Block Grant Projects WHEREAS, the City of Dubuque has entered into Grant Agreement B-84-MC-19-0004 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 Ur- ban Development, environmental re- view has been processed for the pro- jects hereinafter to be described to be financed with Community Develop- ment Block Grant Funds; and WHEREAS, after due consideration a determination has been made that the projects are not a major Federal action significantly affecting the quafi- ty of the human environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified projects and to make the Environmental Review Records for said projects available for public inspeetior~ Each notice shall be in the form of Exhibit "A" attached hereto and made a part hereof Dubuque Downtown 'Market place" Project Dubuque Downtown Hotel Construction Project Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of August 6, 1984 authorizing the submission of a request to the ~S. Department of Housing and Community Develop- ment to undertake the project. Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried Special Session, July 16, 1984 297 by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deicb, Khiesner, Kronfeldt, Manning. Nays--None. Abstain--Council Member Hammel. Proof of publication, certified to by the Publisher, on Notice to Contrac- tots of the receipt of proposals for con- structlan of Walker-Oneida Sanitary Sewer, AND Communication of City Manager recommending to award con- tract for above to McDermott Ex- cavatlng, presented and read. Council Member Kluesner moved that the proof and commurdcation be received and filed. Seconded by Coun- cll Member Hanunel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--Nono. (Awarding Contract) RESOLUTION NO. 230-84 WHEREAS, sealed proposals have been submitted by contractors for the Walker-Oneida Sanitary Sewer pur- suant to Resolution No. 194-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd day of June, 1984. WHEREAS, said sealed proposals were opened and read on the 6th day of July, 1984 and it has been determined that the bid of McDermott Ex- cavating of Peosta, Iowa in the amount of $55,875.09 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above-mentioned im- provement be awarded to McDermott Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque Ior the complete per- formance 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 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Hammet. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Resolution approving Lease Agreement with ContiCarriers and Terminals, Inc., presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 231-84 Resolution Approving Lease Agree- ment with ContiCarrlers and Ter- mlnals, Inc. WHEREAS, ContiCarriers and Tot- minnis, Inc. has petitioned the City of Dubuque for the lease of 400 feet of harbor space along the west bank of Dove Harbor in the City of Dubuque, Iowa; and WHEREAS, the City of Dubuque Board of Dock Commissioners has reviewed the lease agreement and recommends its acceptance and adop- tion; an~l WHEREAS, the lease agreement provides ContiCarriers and Terminals, Inc. with lease space for a period of two years commencing on August 1, Special Session, Ju~ 16, 1984 1984, and terminating on July 31, 1986; and WHEREAS, the lease agreement reservse to the City of Dubuque the absolute right at its discretion to enter to utilize the lease premises for emergency purposes, when necessary for the health, safety and welfare of the residents of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: S~ction 1. That the lease agreement with ContiCarriers and Terminals, In~ b~ aocsptod and approve~ Section 2. That the Mayor be authorized and directed to sign such Icase agreement after execat~on by ContiCarriers and Terminals, lac. Paseed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrskens, Deich, Hamme] Klueener, Kronfeldt, Manning. Nays--None. Communication of City Manager re, questing acceptance of Lease Agree- ment with Klauer Manufacturing Co. for lease of a parking lot next to McAleece Recreation Park, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the foilowh~ vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 252-84 Resolution Accepting and Executing a Lease Agreement with Klauer Manu- facturing Company. WHEREAS, Klauer Manufacturing Company on February 27, 1984 notified the City o! Dubuque of its election to exercise option on Lots 6 and 7 hi Block 1, in "Riverfront Sub- division No. 5", in the City of Dubu- que, Iowa; and WHEREAS, the City Council on June 5, 1984 adopted Resolution No. 164-84, approved the exercise of an op- tion by Klaner Manufacturing Com- pany to Lots 6 and 7 in Block i in "Riverfront Subdivision No. 5", in the City of Dubuque, Iowa; and WHEREAS, in said Resolution the Mayor was authorized and directed to ~ocute a Quit Claim Deed and the City Clerk was directed and authorized to deliver a Deed of Conveyance to Klauer Manufacturing Company; and WHEREAS, Deed was delivered to Klauer Manufacturing Company on July 2, 1984; and WHEREAS, Lot 6 in Block 1, in "Riverfront Subdivision No. 5", has been used by the City of Dubuque for McAlsece Recreation Park parking; WHEREAS, it is desirous on the part of the City of Dubuque to con- tlnue utilization of Lot 6 for parking mrposes from July 1, 1984 through December 31, 1985; and WHEREAS, Klauer Manufacturing Company is willing to lease this prc~ perty to the City of Dubuque for the consideration of SL00; and WHEREAS, the City of Dubuque has agreed to maintain the property, to pay ail texes and licenses, and to provide the necessary indemnities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section L That the lease with Klauer Manufacturing Company be accepted and that the Mayor be and he is hereby authorized and directed to execute said lease agreement with Klauer Manufacturing Company. Passed, approved and adopted this 16th day of July, 1984. Special Session, July 16,1984 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrekens, Dcich, Hammel, Kluesner, Kronfcidt, Manning. Nays--None. Communication of City Manager recommending approval of lease with the Dubuque Water Ski Club for municipal property located on the Chaplain Schmitt Memorial Island, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klusener, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 233-84 WHEREAS, the City Council of the City of Dubuque, Iowa has reviewed the request for lease of property located on Chaplain Schmitt Memorial Island to the Dubuque Water Ski Club for the period of May 3, 1984 to December 30, 1984; and WHEREAS, the City of Dubuque City Council has received the recom- mendation of the City of Dubuque Board of Dock Commlsinners to lease the property to the Dubuque Water Ski Club; and WHEREAS, the City of Dubuque City Council deems it to be in the best interest of the City of Dubuque, Iowa to approve the lease to the Dubuque Water Ski Club. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council approves the lease of certain property located on Chaplain Schmitt Memorial Island to the Dubuque Water Ski Club, for the t~rne period of May 3, 1984 to December 30, 1984; and Section 2. That the City Council of the City of Duhaque, Iowa directs the Mayor to execute the lease of the pro- petty on Chaplain Schmitt Memorial Island to the Dubuque Wator Ski Club. Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammci moved adoption of the Resolution, Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrskens, Daich, Hammni, Klusener, Kronfeldt, Manning. Nays--None. Communication of City Manager r~ questing Council to petition the Iowa State Conservation Commission for establishment of a special five mile per hour speed zone in the waters of Lake Peosta Cut, AND Petition of Dubuque Yacht Basin requesting to extend the five mile per hour speed limit for boats in the Peosta Channel, presented and read. Council Member Beurekens moved that the communication and petition be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dcich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 234-84 WHEREAS, citizens have appeared before the City of Dubuque Board of Dock Commissioners requesting that the City of Dubuque consider the establishment of a special speed zone in the water adjacent to the Hawthorne Street municipal laun- ching ramp; and WHEREAS, the City of Dubuque 3OO Special Session, July 16,1984 Board of Dock Commissioners, recognizes the citizens' safety con- cerns to be valid and accepted the beaters recommendation for establish- ment of a special five mile per hour speed zone in the Lake Peosta waters south and easterly of the Hawthorne Street launching ramp as a viable solu- tion; and WHEREAS, the City of Dubuque Board of Dock Commissioners, has recuramended to City Council the peti- tioning by City Council of the Iowa State Conservation Commission to establish by administrative pro- cedures a special five mile per hour speed hmit area and to approve the placement of buoys and official signs to regulate speed in the northeasterly portion of Lake Peosta Channel; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque requests the lows State Conservation Commission to establish by ad- ministrative procedures a special five mile per hour speed zone in the northeasterly portion of Lake Peosta Channel and approve the placement of buoys and official signs to regulate speed in the northeasterly portion of Lake Peosta Channel as identified on the attached plat marked "Exhibit A '; Section 2. That the City Council authorizes and directs the Mayor to sign a letter to the Iowa State Conse~ ration Commission petitioning the establishment of a five mile per hour speed zone and posting of necessary buoys and signs as per lows Ad. ministrative Code Chapter 290. Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Benrskens, Deich, Hammel, Kluesnor, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing authorization to execute with Strand Associates, Inc. for engineer- lng services associated with Wastewater Treatment Management Plan, presented and read. Council Member Klueener moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Abstain--Mayor Brady. RESOLUTION NO. 235-84 Resolution Authorizing the City Manager to Execute Engineering Con- tract with Strand Associates, Inc. for Wastewater Treatment Management WHEREAS, an hidepth study is necessary to determine the short and long range plans for the Wastewater Treatment Plant operation; and WHEREAS, major pieces in the plant are scheduled for replacement within the next few years and it is essential that long range plans be developed prior to replacement of these major pieces of equipment; and WHEREAS, it is important to review the current technology, and to establish a course for the replacement of equipment that will provide an ef- fective and efficient operation; and WHEREAS, three reputable engineering firms have been interview- ed to conduct a study, and Strand Associates, Inc., Madison, Wisconsin has been selected as the firm most qualified to perform this study. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City Manager be authorized to execute an engineering agreement with Strand Associates, Inc., Madison, Wisconsin, to perform the engineering services associated with the establishment of a twenty year management plan for the Wastewater Treatment Plant Facility. Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Special Session, July 16, 1984 301 Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfcidt. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Khiesner, Kronfeldt, Manning. Nays--None. Abstain--Mayor Brady. Communication of City Manager vising of the status of the property ac- quisitions for the construction of the North West Arterial from Penn- sylvania Ave. to Asbury Road and re- questing authorization for use of Emi- nent Domain Proceedings, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 236-84 Resolution Authorizing Eminent Do- main Proceedings for the Acquisition of Properties for the Construction of the Northwest Arterial From Penn- sylvania Avenue to Asbucy Road WHEREAS, the City of Dubuque, Iowa has been negotiating with the owners of record of those properties which are required for the construc- tion of the Northwest Arterial from Pennsylvania Avenue to Asbury Read; and WHEREAS, the City of Dubuque has not been able to negotiate a sale ~nd/or purchase price for the parcels necessary for this project; and WHEREAS, the City of Dubuque finds and determines that Eminent Domain proceedings should be in- stituted to acquire those properties not acquired through normal negotla- tions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Eminent Domain proceedings be instituted forthwith b the City of Dubuque, lows quisition of properties required fo~ construction of the Northwest Art~ from Pennsylvania Avenue to As~ Road, and that the Corporation Counse~ be and is hereby ordered and directed to institute said Eminent Do- main proceedings forthwith for and on behalf of the City of Dubuque, Iowa Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said Emi- nent Domain proceedings. Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfcidt, Manning. Nays--None. Communication of City Manager recommending adoption of Resolution expressing City's intent to participate in the Project Self-Sufficiency Demonstration Program, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 237-84 Authorizing Mayor to Submit Letter of Intent for City of Dubuque to Par- ticipate in Project Self-Sufficiency Demonstration program WHEREAS, the U.S. Department of Housing and Urban Development IHUD) is requesting applications from governmental bodies to participate in Project Self-Sufficiency; and WHEREAS, an invitation to apply for up to 75 Section 8 Existing Hous- ing Certificates may be issued by 302 Special Session, July 16, 1984 HUD if Dubuque's application to par- ticipate in Project Self-Sufficiency is accepted; and WHEREAS, an application for City of Dubuque participation in the pro- gram requires a letter from the clfief executlve officer expressing intent to administer Section 8 Certificates allocated for use in the City of Dubu- que, and to participate in the Task Force which will design, implement and oversee the program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City of Dubuque is interested in participating in the Project Self-Sufficiency Program~ Section 2. That the City of Dubuque is willing and capable, as a legally authorized public housing agency, to administer the Section 8 Certificates allocated for use within the municipal limits of the City of Dubuque, Iow~ Section 3. That the City of Dubuque is willing to assign a representative to serve as a member of the Project Self- Sufficiency Task Force. Section 4. That the Mayor is hereby authorized and directed to submit a I~tter of intent expressing willingness to administer up to seventy-five (75) Section 8 Certificates in support of the program, and to assign a City representative to serve as a member of the Task Force. Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel KIuesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing approval to authorize letter of Agreement with Speer Financial, Inc. for financial consulting services for three year period from July 16, 1984 through July 15, 1987, presented and read. Council Member Kluesner moved that the communication be received and filed and approved authorization. Seconded by Council Member Mann- lug. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~Auesner, Kranfeldt, Manning, Nays--None. Communication of City Manager r~- questing Council to approve Agree- ment with Mississippi Valley Hockey, Inc. and authorize City Manager to sign on behalf of the City, presented and read, Council Member Kluesner moved that the communication be received and filed and approve authorization. Seconded by Council Member Deich, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing Council approve Agreement between Five Flags Center and Wahlert High School and authorize Ci- ty Manager to sign the Agreement on behalf of the City, presented and read. Council Member Khiesner moved that the communication be received and filed and approve authorization. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacting Arti- de III of Chapter 7 comprised of Sec- tions 7-75 through 7-84 thereof pro- vlding for defining dangerous animals and the keeping, seizure, impound- ment and disposition of such animals, presented ~nd read. Council Member Deich moved that this reading be considered the first reading of the Ordinance, that the rule requiring an Ordinance to be pre- Special Session, July 16, 1984 sented and read at two meetings prior to the meeting when final action is taken, be dispensed with and final adoption of the Ordinance. Seconded by Council Member Hammel. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Delch, Hanunel, Kronfeldt, Man- nlng. Nays--Council Members Beurskens, Khiesner. MOTION FAILED DUE TO LACK OF A 3/4 VOTE. Council Member Deieh moved that the reading just had be considered the second reading of the Ordinance. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Council to consider sniary adjust- ment for the City Clerk effective July 1, 1984, presented and read. Council Member Hammel moved that they grant a 5% increase to the City Clerk, effective July 1, 1984. Seconded by Council Member Klues- ncr. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Deich, Hammel, Kinesner, Kronfeldt, Manning. Nays--None. BOARDS AND COMMISSIONS: Board of Electrical Examiners - Appli- cant: Daniel J. HanuneL Council Member Beurskens moved that Daniel J. Hammel be appointed to a three year term on the Board of Elec- trical Examiners, which will expire 7-12-87. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Electrical Board of Appeals - Ap- plicante: David W. Grotha, David J. Meyers, Michael M. Sisler. Council Member Beurskens voted for Grotbe, Mayor Brady voted for Grothe, Council Member Dcich voted for Grothe, Council Member Hanunel voted for Orothe, Council Member Kluesner voted for Grothe, Counc'd Member Kronfeldt voted for Grothe, Council Member Manning voted for Grothe. Therefore, David Grothe appointed to Journeyman position on the Elec- trical Bo~rd of Appeals for a three year term which will expire July 12, 1987. Historical Preservation Commission -Applicant(e) - Must be re: Lower Main: Pania M. Steniund. Council Member Kronfeldt moved that Paula Stenlund be appointed to the Historic Preservation Commiss'~on to fill an unexplred term which will ex- plre July 29, 1985. Seconded by Coun- cji Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, KIuesner, Kronfeldt, Manning. Nays--None. Human Rights Commission - Ap- plicants: Meriyn Atkinson, Francis Black, Karla Braig, Veronica Hansen, Gaff Dias, Arnold Herrig, Fred Moser, Ron Thiltgen, Rick R. Redalen. Arnold Herrig addressed Council regarding the appointment. First vote on the appointment: Council Members Beurskens voted for Dias, Mayor Brady, voted for Braig, Council Member Deich voted for Herrig, Council Member Hammel voted for Dias, Council Member Kluesner voted for Hansen, Council Member Kronfeldt voted for Dias, Council Member Manning voted for Black. There being no majority a second vote was taken: Council Member Beurskens voted for Dias, Mayor Brady voted for Brnig, Council Member Deich voted for Herrig, Council Member Hammel voted for Dias, Council Member Kluesner voted for Braig, Council Member Kronfeldt voted for Dias, Council Member Manning voted for D~as. Therefore, Gall I. Dias appointed to fill the unexpired term on the Human Rights Commission which win expire January 1, 1986. Transit Board - 3 Vacancies; 3O4 Special Session, July 16, 1984 Applicants: George Enderson, Jr., William Hilvers, Alice C. Metsker, Walter A. Pregler, Ron C. Thlltgen. Vote on the appointments: Council Members Beurskens voted for Hllvers, Enderson & Pregler; Mayor Brady voted for Hllvers, Endercon, Thlltgen, Council Member Deich voted for Hllvers, Enderson, Pregler, Council Member Hammel voted for Hilvers, Enderson and Pregler; Council Member Kinesner voted for Hllvers, Enderson and Preglec, Council Member Kronfeldt voted for Hllvers, Enderson and Preglar; Council Member Manning voted for Hilvers, Enderson and Pregier. Therefore, William Hilvers, George Enderson, Jr. and Walter A. Pregler appointed to the Transit Board for three year terms which will expire July 30, 1987. RESOLUTION NO. 238-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Jayne M. BanReld Pizzazz 200 Main St. DBQ Inc. Shot Tower 4th and Locust St. Gary Germain Cafe Germaln 340 West 5th St. House of China 2245 J. F. Kennedy Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kinesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 239-84 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the )rdlnances of this City and have filed )roper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap~ plicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Jaycee's 14 Day Permit McAleeee Field (Also Sunday Sales) Evening Optimist Club of Dubuque McAleece Field (Also Sunday Sales) CLASS "C" BEER PERMIT Randall's International, Inc. 2013 Central Ave. (Also Sunday Sales) Passed, approved and adopted this 16th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 240-84 WHEREAS, Applicants for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Special Session, July 16,1984 3O5 WHEREAS, The premises to be oc- eepied by such applicants were in- spectod and found to comply with the State Law and all City Ordinances relevant thereto and they have ~ed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Formosan Enterprises, Inc. Red Dragon 2600 Dodge St. (Also Sunday Sales) Liberty Restaurants, Inc. 401-405 Central Ave. (Also Sunday Sales) Gomer's Inc. 1105 University Ave. (Sunday Sales Only) Fitzgerald's Bar X Ltd. 2616 Windsor Ave. (Also Sunday Sales) Passed, adopted and approved this 4th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deleh. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Civil Ser- vice Commission of 5-31; Historic Preservation Comm. of 6-26; Transit Trustee Board of 6-21; Planning and Zoning Commission of 5-16, 5-17, 6-6 and 6-20; Zoning Board of Adjustment of 6-21; Library Board of Trustees of 6-19; Airport Comm. of 6-28; Park and Recreation Comm. of 7-2, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Beur- skens. Curried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Kevin L. Aneel in est. amt. of $1,200 for auto damages; Wanda Atchison in unknown amt. for injuries to her spouse; Wesley Atchison in unknown amt. for personal injuries; John G. Falton in amt. of $53.98 for car damages; Christopher D. Kruse in amt. of $1,202.80 for moped damages; Greg & Jane Luchsinger in est. amt. of $850 for backed-up sewer damages; Robert W. Smith et al vs. City regard- lng assessments on Victoria St. for 1984 Asphalt Paving Project; H. Spencer Smith et ux versus Stoven MacDonald et al for personal injuries; Jerry Weber in est. amt. of $850 for car damages; Michael J. Felton in amt. of $119.60 for paint damages to car; Rlehurd & Janice Rapp in amt. of $540 for hacked-up sewer damages, pre- sented and read. Council Member Deich moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel Lindahl recommending settle- ment of property damage claim of Arthur Tigges in amt. of $35.05, presented and read. Council Member Deich moved that the communication be received and filed and settlement approved with Finance Director to issue proper check. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Communications of Corporation Counsel Lindahl recommending denial of property damage claim of Frank Buol Iclase case); Civil Rights/ malicious prosecution claim of Ronald Koppen; Property damage claim of Michael Mettol; Property damage 3O6 Special Session, July 16, 1984 claim of Jeffrey Pitz; Drainage pro- blem and debris disposition on clai- mant's land of Thomas R. Steffen; Pro- petty damage claim of Twin Sisters Subd. and advising lawsuit regarding Dubuque Yacht Basin, Inc. has been settled at no cost to the City, presented and read. Council Member Deich moved that the communications be received and filed and denials approved. Seconded by Council Member Beurskens. Car- ded by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, of llst of claims and receipts for month of May, 1984, presented and read. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Department of Water, Air and Waste and Management advising of is- suance of permit to Techiggfrie Ex- cavating, presented and read. Council Member Deich moved that the advisement be received and flied, Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Peoples Natural Gas Company re- questing permission to cut into Lowell Street to repair damaged customer service llne, presented and read. Council Member Deich moved that the petition be received and filed and permlsslon approved. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of Wayne Whlttenbaugh re- questing City to place property described as Lot 1 of Lot 16 of J. P. Porter's Addn. up for sale at public bid, presented and read. Council Member Deich moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme!, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Beth Miller eh- couraglng Council to accept the lease from Dubuque Montessori School, Inc. concerning the Barn, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of James Reynolds, Secretary of Downtown Kiwanis Club, supporting the continued use of The Barn for the theatre and arts, presented and read. Council Member Delch moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Doich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Jim Kircher requesting refund of $75 on unexpired Cigarette License and Molo Oil Company requesting re- fund of $18.75 on unexpired Beer Per- mit, pre~ented and read. Council Member Deich moved that the refunds be approved and Finance Director to issue checks. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Special Session, July 16, 1984 Dubuque Invitation Softball Tour- nament requesting refund of $225 on unexpired Beer Permit, presented and read. Council Member Deich moved that the refund be approved and Finance Director to issue the proper checks. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas~Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. There being no further business Council Member Hammel moved to ad- journ. Seconded by Council Member Manning. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Kluesner, Kronfe]dt, Manning. Nays--None. Mary A. Davis City Clerk Approved__ __1984 Adopted __1984 Mayor Council Members ATTEST: City Clerk 3O7 3O8 Special Session, July 26, 1984 CITY COUNCIL OFFICIAL Speclal Session, July 26, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel. Kluesner, Kronfeidt, Manning, City Manager W. Kenneth Gearhart, Car- potation Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a public hearing on proposal to dispose of in- terests in real estate by vacating a per- tion of East 19th Street and acting upon such other business which may properly come before the Council. At 7:32 P.M. Council Member Man- ning moved to go into Closed Session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to pre- judice or disadvantage the position of the governmental body. Seconded by Council Member Hammei. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. COUNCIL RECONVENED in Regular Session at 7:55 P.M. Mayor Brady advised Legal Staff had been given direction regarding litigation. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to Consider a proposal to dispose of interests in real estate by vacating a portion of East 19th Street in the City of Dubuque, Iowa, presented and read. Council Member Deich moved to suspend the rules to let anyone pre. sent address the Council if they so desire. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. There were no written objections received and no oral objectors were present at the public hearing. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 21-84 AN ORDINANCE VACATING A PORTION OF EAST 19TH STREET IN THE CITY OF DUBUQUE, IOWA, AND DISPOSING OF THE SAME TO FDL FOODS, INC. SAID ORDINANCE HAVING BEEN pre- sented and read at the Council Meeting of July 16, 1984, presented for final adoption. ORDINANCE No. 21-84 An Ordinance Vacating a Portion of East 19th Street in the City of Dubuque, Iowa, and Disposing of the Same to FDL Foods, Inc. WHEREAS, the City of Dubuque desires to vacate a portion of East 19th Street in the City of Dubuque, Iowa, lying between the westerly line of Marsh Street extended to the westerly fine of Lot 2 of Block 8 of Dubuque Packing Company Addition, and WHEREAS, said portion of East 19th Street to be vacated shall be plat- ted and hereafter designated, described and known as follows: Lot A of East 19th Street in Railroad Addition in Dubuque, Iowa, WHEREAS, there is no public need for that portion of East 19th Street wliich is to be vacated, and WHEREAS, the City of Dubuque proposes to convey said vacated por- tion of East 19th Street to FDL Foods, Inc. for the sum of $20,000.00. NOW, THEREFORE, be it ordained by the City Council of the City of Dubuque, Iowa, as follows: Section 1. Tlmt the said portion of East 19th Street shall be platted, designated and hereinafter to be known as follows: Lot A of East 19th Street in Railroad Addition in Dubuque, Iowa, and the same is hereby vacated, because it no longer serves any pubhc Special Session, July 26, 1984 3O9 of Dubuque, Iowa, be and is hereby ordered to publish notice of intent to dispose of an interest in real estate as by law required. The City of Dubuque shall pay the costs of publication, and conveyance shall be made by Quit Claim Deed, and no abstract of title shall be furnished. Passed, adopted and approved this 26th day of July, 1984. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 31st day of July, loC54. Mary A. Davis City Clerk Council Member Kluesnar moved final adoption of the Ordinance. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueenar, Kronfeidt, Manning. Nays--None. RESOLUTION NO. 241-84 Resolution Approving Sale of Vacated Lot A of East 19th Street in Railroad Addition to FDL Foods, Inc. WHEREAS, pursuant to resolution and public notice of time and place of hearing established in the Telegraph Herald, a newspaper of general circula- tion published on July 19, 1984 in the City of Dubuque I6wa, the City Coun- cil, Dubuque, Iowa, met on the 26th day of July, 1984 at 7:30 p.m. in the City Hall Council Chambers, Dubu- que, Iowa to consider the proposal of disposing of real estate of the City of Dubuque, Iowa being that property as deeerihad as follows: Lot A of East 19th Street in Railroad Addition between wester- ly line of Marsh Street and westerly line of Lot 2, Block 8, Dubuque Packing Company Addi- tion, ail in the City of Dubuque, Iowa WHEREAS, such property is to ha sold to FDL Foods, Inc. for the con- sideration of $20,000 plus the payment of filing fees; and WHEREAS, the City Council of the City of Dubuque, Iowa has overruled any and ali objections, oral or written, to the proposal to dispose of the in- terest of the City of Dubuque, Iowa in the herein and above real estate to the above named grantee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of the in- rarest of the City of Dubuque i~' Lot A of East 19th Street in Railroad Addition in the City of Dubuque, Iowa to FDL Foods, Inc. is hereby ap- proved, Section 2. That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk be and she is hereby directed and authorized to deliver Deed of Conveyance, conveying the above described real ~state to the above named grantee upon receipt of the purchase price in full Passed, adopted and approved this 26th day of July, 1984. 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 Mem- bers Beurskens, Deich, Hammel, Kluesnar, Kronfeidt, Manning. Nays--None. Proof of Publication, certified to by the publisher, on Notice of Public Hearing to consider the proposal to subordinate the FDL Foods, Inc. Dubuque Plant real estate lien of the City of Dubuque, presented and read. No written objections had been received and no oral objectors were present. Council Member Hammei moved that the proof of publication be re- eeived and filed. Seconded by Council Member Klueener. Carried by the foliowin~ vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. Special Session, Jul ~ 26,1984 RESOLUTION NO. 242-84 A Resolution Authori~lag the City of Dubuque, Iowa~ to execute a Subol- dinatinn Agreement in favor of American Trust & Savings Bank in Connection with a loan to be made to FDL Foods, Inc. to build a covered anaerobic pretreatmcat facility. WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa, on July 19, 1984, the City Coun- c/l of thc City of Dubuque, Iowa, met on the 26th day of July, 1984, at 7:30 o'clock P.M. in the City Council Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest in certain real estate by ex- ecuting a Subordination Agreement subordinating the FDL Foods, Inc. Dubuque Plant real estate lien of the City of Dubuque, Iowa, arising out of a Mortgage filed December 9, 1982, as Instrument No. 6742-82, to the real e~tato lien of American Trust & Sav- ings Bank arising out of a Mortgage dated and filed October 15, 1983, as Instrument No. 5652-82, in connection with American Trust & Savings Bank's proposal to loan FDL Foods, Inc. $1,300,000.00, under Paragraph 1, ADDITIONAL ADVANCES, of its Mortgage; both Mortgages being secured by the following described real estate owned by FDL Foods, Inc., Mortgagor, in the City of Dubuque, Dubuque County, Iowa: The west half of lot 252, lot 258, lot 254, lot 385, lot 286, lot 288, the south hah of lot 289, lots 1 and 2 of the north half of lot 292, the south half of lot 292, lots 293, 294, 295, 296, 297, 298, lot 1 of lot 399, lot 1 of lot 1 of lots 300 and 301, Lot 300A, lot 300B, lot 300C; that portion of vacated Maple Street, lying between the north curb line of East 16th Street to the south curb line of East 17th Street; lot 2 of lot 1 of lot 304, lot i of lot 2 of lot 305, lot 1 of lot "B" of lot 1 of lot 305; lot 3 of lot 1 of Vacated Maple Street north of 18th Street; lots 306, 307, 308, 309, 310, lots 1 and 2 of lot 311, lots 312, 313, 314, 315, 316, 319, 323, tho north half of lot 335, lots 346, 347, 348, lots 1 and 2 of lot 349, lot 381, west 1/2 of lot 352, lot 2 of lot 354, lots 383, 385, 386, 387, 429, 430, the northerly 48.2 feet of lot 431, lots 355, 444, 445, 446, 447, 448, 469, 470, 471, 472, 473, 484, 485, 486, 487,488, 643; the vacated "unvacated portion of 18th Street from Sycamore Street eastward to Lynn Street"; the vacated "unvacated portion of 17th Street from Sycamore Street to Lynn Street"; the vacated alley running north and south parallel to Sycamore Street between 17th Street and 18th Street, and, Sycamore and Lynn Streets; the vacated "unvacated portion of Lynn Street from 18th Street to 17th Street"; the vacated "un- vacated portion of Sycamore Street situated north of the north side of 16th Street running northerly to the south side of the vacated portion of East 19th Street"; n East Dubuque No. 2, in the City of Dubuque, Iowa. Lots A, B and C, of Dubuque Packing Company Addition, in the City of Dubuque, Iowa. Lot 2 of lot 2 of RIVERFRONT SUBDIVISION NUMBER 4, in the City of Dubuque, Iowa Lot 2 of lot 3, lot 1 of lot 1 of lot 4, and, lot 2 of lot 5, in Blcck 2, in Railroad Addition, in the City of Dubuque, Iowa Lot 2 of "Vacated East Nine- teenth Street between East line of Mineral Lot 106 and West line of Original Sycamore Street extend- ed", in the City of Dubuque, Iowa Lot "A" of Mineral Lot 106 (ac- cording to the Correction Plat recorded as Instrument No. 8861-77), in the City of Dubuque, Iowa Lot i "A" of Block 5, in Dubuque Packing Company Addi- tion, in the City of Dubuque, Iowa Lot 1, in Block 2, of Dubuque Packing Company Addition, in the City of Dubuque, Iowa Lot 1, in Block 3, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa Block 4, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa LOt 1, in Block 5, in Dubuque Special Session, July 26, 1984 311 Packing Company Addition, in tho City of Dubuque, Iowa Block 6, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa Lot 2, in Block 8, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa according to the respective record- ed Plats thereof. Subject to easements, reservations, rights and privileges of record. and WHEREAS, the City Council of th, City of Dubuque, Iowa, overruled any /md all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove real estate in favor of American Trust & Savings Bank; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of in- terest by the City of Dubuque, Iowa, in the hereinabove described real estate to American Trust & Savings Bank, be and the same is hereby ap- proved in consideration of the benefits which will accrue to the City of Dubu- que's Waste Water Treatment Plant by reason of the decreased effluent loading and flow eqnilization which will result from the building and operation of the covered anaerobic pretreatment facility by FDL Foods Inc. Section 2. That the Mayor of the City of Dubuque be and he is hereby directed and authorized to execute 'said Subordination Agreernen~ and the City Clerk be and she is hereby directed and authorized to attest said instrument and deliver the same forthwith to American Trust & Say- ings Bank for execution and reeorda- tion by the Recorder of Dubuque Coun- ty, lowa. Section 3. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder Passed, adopted and approved this 26th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammni, FAuesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing adoption of Resolution ex- ecuting an agreement with the Iowa D.O.T. for improvement for road systems to the Milwaukee Railroad properties, presented and read. Council Member hammel moved that the communication be received and filed. Seconded by Council Member Klaesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 243-84 Resolution Approving Iowa Depart- ment of Transportation Agreement Number 84-16-171 WHEREAS, Iowa Department of Transportation's proposes to design, let, construct, and inspect a project for the construction of Relocated U.S. pr/mary highway #61 within the City; and WHEREAS, the City and Iowa Department of Transportation entered into Agreement #73-P-024 for the inca- tion of the Relocated primary corridor within the City; and WHEREAS, FDL Foods, Inc. plans to construct an anaerobic pretreat- merit facility east of their plant, north of 16th Street, and west of Kerper Blvd.; and WHEREAS, as a result of the con- struction of this facility it will per- manently close the main access to the Milwaukee Railroad property located north of FDL Foods, Inc.; and WHEREAS, FDL Foods, Inc. has Spedal Session, July 26, 1984 an easement agreement with the Milwaukee Railroad to allow access to their property across FDL property or for FDL Foods, Inc. to provide an alternate access to the property; and WHEREAS, as a result of the con- struction of Relocated U.S. primary highway #61, FDL Foods, Inc. has agreed to relocate their anaerobic pretreatment facility which will close off the connections to the Milwaukee Railroad property; and WHEREAS, the Iowa Department of Transportation has agreed to make certain improvements on an alley located west of FDL Foods, Inc,, north of 16th Street to provide temporary access to the Milwaukee property, and also to provide a permanent connec- tion to the Milwaukee property off of Kerper Blvd. about 475' south of Fengler Street; and WHEREAS, a plat has been prepared by FDL Foods, Inc. which identifies the property to be used as a right-of-way for the permanent street connection to Kerper Blvd.; and WHEREAS, the Iowa Department of Transportation has agreed to pay for all right-of-way, engineering and construction costs associated with this project; and WHEREAS, the agreement pro- vides that the City of Dubuque will perform the necessary engineering, contract award, and supervision associated with the improvements both on the alley off of 16th Street and the permanent roadway off of Kerper Blvd. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the project agree- ment between the lowa Department of Transportation and City of Dubuque is hereby accepted and approved. Section 2. That the Mayor be and he is hereby authorized and directed to execute said agreement with the lowa Department of Tmnsportatior~ Passed, adopted and approved this 26th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammal, Kluesner, Kronfaldt, Manning. Nays--None. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to consider the proposal to ex- ecute Partial Release of real estate liens of the City of Dubuque, presented and read. No written objections were received and no oral objectors were present. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 24&84 A Resolution Authorizing the City of Dubuque, Iowa, to Execute partial Releases oI Real Estate Mortgage and Partial Releases of Financing State- ment as to Lot 1 and Lot 3 of FDL First Addition to the City of Dubuque, Iowa. WHEREAS, pursuant to Resolution and published Notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa, on July 19, 1984, the City Coun- cil of the City of D~buque, Iowa, met on the 26th day of July, 1984, at 7:30 o'clock P.M. in the City Council Chambers in the City of Dubuque, Iowa, to consider the proposal to dispose of interests in certain real estate by executing Partial Releases of a Real Estate Mortgage filed December 9, 1982, as Instrument No. 6742-82, and a Financing Statement flied December 9, 1982, as Instrument No. 6743-82, as to the following described real estate located in the Ci- ty of Dubuque, Iowa, only: Lot 1 and Lot 3 of FDL First Ad- dition to the City of Dubuque, Special Session, July 26, 1984 313 WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and ail objections, oral or written, to dispose of interests of the City of Dubuque, Iowa, in the hereinabove real estate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposition of in- terests by the City of Dubuque, lowa, in the hereinabove described real estate by the execution of a Partial Release of Eeal Estate Mortgage and a Partial Release of Financing State- rnent, be and the same is hereby ap- proved. Section 2. That the Mayor of the City of Dubuque be and he is hereby directed and authorized to execute a Partial Release of the real estate lien arising out of a Mortgage filed December 9, 1982, as Instrument No. 6742-82, and the City Clerk be and she is hereby directed and authorized to ap test said instrument and de//ver the same forthwith for execution and recordation by the Recorder of Dubu- qua County, Iow~ Section 3. That the Mayor of the City of Dubuque be and he is hereby directed and authorized to execute a Partial Release of Financing State- ment arising out ora Financing State. ment filed December 9, 1982, and the City Clerk be and she is hereby authorized to deliver said instrument forthwith for execution and record~a- tion by the Recorder of Dubuque Coun- ty, Iow~ Section 4. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder Passed, adopted and approved this 26th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to consider an Agreement be- tween the City of Dubuque and Dubu- que Montessori School, Inc. to lease the Richard J. Slattery Center, presented and read, No written objections were received and no oral objectors were present, John Bonnette and Doris Slattery spoke to the proposed lease. Council Member Dcich moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammal, Kluesner, Kronfaldt, Manning. Nays--None. RESOLUTION NO. 245-84 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion published on the 19th day of July, 1984, in the City of Dubuque, Iowa, the City Council of the City of Dubu- qua, Iowa met on tho 26th day of July, 1984 at 7:30 o'clock P.M. (CDT) in the City Council Chambers in the City Hall, Dubuque, Iowa to consider the proposal to enter into a Lease Agree, ment by and between the CITY OF DUBUQUE, IOWA, as Lessor, and the MONTESSORI SCHOOL, INC., as Lessee, to lease the Richard J. Slat- tery Center for the sum of Four Thou- sand and no/100 ($4,000.00) Dollars per year, plus utilities, for the first five (5) years and subject to such other terms and conditions as set forth in said Lease Agreement, a copy of which is hereto attached and by reference made a part hereof as though fully set out herein; and WHEREAS, the MONTESSORI SCHOOL, INC., has requested the CITY OF DUBUQUE, IOWA to con- struct improvements, to wilt: wall covering over existing insulatinn, in return for rental of Four Thousand 314 Special Session, July 26,1984 Five Hundred and no/100 ($4,500.00) per year and a cost of living provision commencing the second year of the lease and such other terms and condi- tions as set forth in said Lease Agree- merit, a copy of which is attached hereto, and hereby incorporated by reference as though fully set out herein; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and ali objections, oral or written to the proposal to grant said Lease Agreement under the terms and condi- tions of said Lease Agreement set out therein; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE IOWA: Section 1, That the proposal to enter into a Lease Agreement by and be- tween the CITY OF DUBUQUE, IOWA, as Lessor, and THE MON- TESSOR1 SCHOOL, INC., as Lessee, to lease the Richard J. Slattery Center for the sum of Four Thousand Five Hundred and no/lO0 ($4,500.00) Dollars for five years, with a cost of living in~ crease each year after the first year and upon and subject ~o such terms and conditions as set out in the Lease Agreement between the parties, a copy of which is hereto attached and by this reference made a part hereof as though fully set out herein, be and the same is hereby approved under the terms and conditions of said Lease Agreement. Section 2. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to execute said Lease Agreement for and on behalf of the City of Dubuque, Ioww Section 3. That the City Clerk be and she is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder and the office of the City Assessor. Passed, adopted and approved this 26th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kinesner, Kronfeldt, Manning. Nays--None. Proof of Publication, certified to by the Publisher, on Notice of disposition of Downtown Urban Renewal Parcel Number 4-2, presented and read. No written objections were received ~jeetors were present. Council Member Kkieener moved ed and filed. Seconded by Council Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammel, Klueener, Kronfaldt, Manning. Nays--None. A RESOLUTION Determining the compliance on disposition proposals with terms of offering for Urban Renewal Parcel Number 4-2, was presented. Council Member Kronfeldt moved ~ the Resolution be deferred to the Council Meeting of July 30, 1984. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kinesner, Kronfeldt, Manding. Nays--None. Proof of Publication, certified to by on Notice of Meeting of the Council on the matter of the pro- issuance of $1,200,000 Urban Renewal Tax Increment Revenue Bonds of said City, presented and read. No written objections were received and no oral objectors were present. Council Member Beurskons moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Kineaner, Kronfcldt, Manning. Nays--None. NOT VOTING--Council Member Hammel. Special Session, July 26,1984 315 RESOLUTION NO. 246-84 Resolution With Respect to Public Hearing on the Issuance of $1,200,000 Urban Renewal Tax Increment Revenue Bonds WHEREAS, pursuant to Section 403.9 of the City Code of Iowa, notice was published as required by law of the hearing on the issuance of $1,200,000 Urban Renewal Tax Incre~ ment Revenue Bonds and the propos- ed action by the Council to institute proceedings for the issuance of said bonds for the purpose of paying costs of aiding in the planning, undertaking and carrying out of the Downtown Dubuque Urban Renewal Project, Iowa R-15; and WHEREAS, the public meeting and hearing has been duly held at the time and place provided and in accordance with said notice and oral or written ob- jections were received and filed, in- cluding the following: NONE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the time for receiving oral and written objections be closed and the proposal for the issuance of bonds and all objections thereto are taken under consideration by the Council. Passed, and approved this 26th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yees--Mayor Brady, Council Mem- bers Banrskens, Deich, Kinesner, Kronfeldt, Manning. Nays--None. NOT VOTING--Council Member Hammel. A RESOLUTION Instituting pro- ceedlngs to take additional action for the issuance of 51,200,000 Urban Renewal Tax Increment Revenue Bonds, was presented and read. Council Member Kronfeldt moved to table tMs Resolution to the Meeting of July 30, 1984. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proofs of Publication, certified to by the Publisher, on Notice of Public Hearing to consider proposal to file an Urban Development Action Grant ap- plication for the downtown convention hotel project, presented and read. No written objections were received and no oral objectors were present. Council Member Beurskens moved that the proofs of publication be received and filed. Seconded by Coun- cfi Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. NOT VOTING--Council Member Hammel. A RESOLUTION Authorizing the filing of an application for an Urban Development Action Grant for the downtown Dubuque Convention Hotel, was presented and read. Council Member Kronfeldt moved that the resolution be deferred to the Council Meeting of July 30, 1984. Seconded by Council Member Man- alng. Carried by the followln~ vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Klueener, Kronfaldt, Manning. Nays--None. Communication of City Manager submitting documents regarding the Chaplain Schmitt Memorial Island Park & Recreation Complex - Ballpark lighting, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. 316 Special Session, July 26,1984 (Necessity For Improvement) RESOLUTION NO. 247-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Chaplain Schmitt Memorial Island Park and Recreation Complex; BaH- park Lighting. BE IT THEREFORE RESOLVED that the City Council deems it ad- visuble and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideratlon of this proposed resolution have fried objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shah be deemed to have waived all objections thereto. Said improvement shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the CIP levy, private funds, and a grant from the Iowa Conservation Commission and the U.S. Department of the Interior. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 30th day of Ju- ly, 1984. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved approval of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 248-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, spec. etc. for the construction of Chaplain Schmltt Memorial Island Park and Recreation Complex; Ballpark lighting in the stimatsd amount of $226,435.00 are hereby approved. James E. Brady Mayor ~.TTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammal. Carried by the following vote. Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. (Fixing Date of Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO. 249-84 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inepec- tion for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Ballpark Lighting; and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 20th day of August, 1984, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, wMch notice shall not be less than four days nor more Special Session, July 26, 1984 317 than twenty days prior to the date fixed for its consideration, and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be pubHsbed in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a,m. on the 14th day of August, 1984. Bids shah be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held in the Public Library Auditorium at 7:30 p.m. on the 20th day of August, 1984. Passed, adopted and approved this 26th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing release of Community Development Block Grant funds for the Dubuque downtown "Market Place" Project and the Dubuque downtown Hotel Construction Pro- ject, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeidt, Manning. Nays--None. RESOLUTION NO. 250-84 A Resolution Authorizing Submission of a Request for a Release of Funds for the Dubuque Downtown "Market Place" Project and the Dubuque Downtown Hotel Project WHEREAS, the City of Dubuque, Iowa in conformance with the En- vironmental Review Procedures for the Community Development Action Grant Program convened an Ad Hoc Committee on July 12, 1984 which completed an environmental assess~ ment of the following identified pro- jects, to be funded by a Community Development Block Grant: DUBUQUE DOWNTOWN "MARKET PLACE" PROJECT DUBUQUE DOWNTOWN HOTEL CONSTRUCTION PROJECT WHEREAS, pursuant to Resolution No. 229-84, adopted July 16, 1984, public notice of a "Finding of No Significant Effect on the Environ- merit" for the above projects was published July 18, 1984 in the Dubu- que Telegraph Herald, a newspaper of general circulation and provided for a public comment period until 12:00 Noon on Friday, August 3, 1984; and WHEREAS, public notice of a "Fin- ding of No Significant Effect on the Environment" for the projects was sent by regular mall to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be appropriate to receive such a public notice; and WHEREAS, any and all objections, if any, to such proposal has been duly considered; and WHEREAS, ir'is the intent of the City Council to authorize tho submis- sion of a request to the U.S. Depart- ment of Housing and Urban Develop- ment for the release of funds to carry out the above-identified projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Environmental Review Record for the projects shall continue to remain on file in the Office of the City Clerk where said record may be examined and copied by any in- terested party. 318 Special Session, July 26, 1984 Section 2. That the Mayor of the CiVy of Dubuque is hereby authorized and directed to submit to the U.S. Depart- m~nt of Housing and Urban Develop. ment, a request for release of funds to undertake the projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Ac~ insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development r~sponsibilities for review, decision- making, and action assumed and cap ried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision.making and actio~ Section 5. That the Mayor of the City of Dubuque be and he is hat,by authorized and directed to execute a certification pertaining ~o the eh- vironmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public no tice for a Request for Release of Funde in the form of Ex- hlbit A, attached hereto and made a part thereof Passed, adopted and approved this 26th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 251-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Kwik Stop Food Mart 2297 University Kwik Stop Food M~t 1075 Dodge St. Richard D. O'Hara 70 South Locust Passed, adopted and approved this 26th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Mann~ng. Nays--None. RESOLUTION NO. 252-84 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined ahd approv- ed; and WHEREAS, The premises to be cc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued .5o the following named ap- plieants a Beer Permit. CLASS "B" BEER PERMIT Nites of the Square Table, Inc. 2900 Dodge St. {Sunday Sales Only) Passed, adopted and approved this 26th day of July, 1984. James E. Brady Mayor Special Session, July 26, 1984 ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dsich, Hammel, Kluesner, Kronfe[dt, Manning. Nays--None. Mary A. Davis City Clerk Approved __1984 Adopted .1984 Mayor Council Members ATTEST: City Clerk 319 320 Special Session, July 30, 1984 CITY COUNCIL OFFICIAL Special Session, July 30, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- ]?oration Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider awarding a contract for the Dubuque Dog Racing Facility, Grading Contract, and acting upon such other business which may properly come before the Council. Proof of Publication, certified to by the Publisher, on Notice to Contrac- tors of the Receipt of Proposals for the Dubuque Dog Racing Facility, Grad- lng Contract, presented and read. Council Member Hammel moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bern Beurskens, Deich, Hammal Kluesner, Kronfeldt, Manning. Nays--None. Terry Harrmann of Dubuque Racing Association spoke to Council and ad- vised 44 weeks are needed to complete track. Requesting Council award con- tract tonight. Attorney John Becker, Attorney for Iowa Dredging, advised bid had been submitted but check was not certified Also client will withdraw if it affects race track issue completion. Council Member Kronfeldt re- questing "Council Go on Record - To follow State Law and do it properly". Council Member Kinesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Manning. Carried by the followirig vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Hammel, Kluesner, Kronfeldt, Manning. Nays--Council Member Deizh. (Ordering Construction) RESOLUTION NO. 253-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No, 208-84 which was duly ~assed by this Council for the Dubu- que Dog Racing Facility, Grading be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the )etition of property owners. Ail the work shall be constructed in accor- dance with the plans and specifica- tions heretofore adopted and now on file in the office af the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said nnprovement be paid from the General Construction Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shah be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 30th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kinesner, Kronfeldt, Manning. Nays--Council Member Deich. Communication of City Manager recommending to award contract for Dubuque Dog Racing Facility, Grading Contract to Robers Dredging, ~resented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kinesner, Kruafeldt, Manning. Nays--Council Member Deich. Special Session, July 30, 1984 321 (Awarding Contractl RESOLUTION NO. 254-84 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Dog Racing Facility, Grad- lng pursuant to Resolution No. 210-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of July, 1984. WHEREAS, said sealed proposals were opened and read on the 30th day of July, 1984 and it has been determin- ed that the bid of Rober's Dredge, Inc. of LaCrosse, Wisconsin in the amount of $901,323.98 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tlons. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above-mentioned ira- provement be awarded to Rober's Dredge, Inc. and the Manager be and is hereby directed to execute a con- tract on bebeff of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract end 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 30th day of July, 1984. 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 Mem- bers Banrskens, Hammel, Kluesner, Kronfeldt, Manning. Nays--Council Member Deizh. Communication of City Manager submitting report on receipt of pro- posals for purchase and redevelop- ment of Urban Renewal Disposition Parcel 4-2 for a Convention Hotel, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the ~oilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deizh, Kluesner, Kronfeldt, Manning. Nays--None. NOT VOTING--Council Member HammeL RESOLUTION NO. 255-84 Resolution Determining that the Pro- penal Submitted by Investment Coun- selurs, Inc. Satisfies the Offering Re- qalrements for Disposition of Urban Renewal Parcel 4-2 and Declaring the Intent of the City to Enter into an Agreement for Sale of Land for Pri- vale Redevelopment By and Between the City and Investment Counselors, Inc. and Directing Publication of Notice of Said Intent. WHEREAS, the City of Dubuque, Iowa did on June 25, 1984 adopt a Resolution (1) approving the minimum requirements, competitive criteria, of- fering documents and procedures for disposition of Downtown Urban Renewal Disposition Plan Parcel No. 4-2; and (2) soliciting proposals to pur- chase said parcel for development of a convention hotel and did on July 16, 1984, amend said Resolution; and WHEREAS, Investment Counse- lors, Inc. has submitted a proposal in response to the City's offering; and WHEREAS, the City Council has determined that the proposal of In- vestment Counselors, Inc. satlsfles the offering requirements. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby finds that the proposal of In- vestment Counselors, Inc. satisfies the offering requirements set forth in Resolution No. 192-84, as amended. Section 2. That it is the intent of the City Council to enter into an Agree- 322 Special Session, July 30, 1984 ment for the Sale of Land for Private Redevelopment by and between the Ci- ty and Investment Counselors, Inc. on or after September 4, 1984. Section 3. That the City Clerk is hereby authorized and directed to publish notice not less than 30 days prior to September 4, 1984 of the City's intent to enter into an Agreement for Sale of Land for Private Redevelop- ment by and between the City and In* vestment Counselors, Inc. and that said notice may also state the wilb ingness of this Council to consider other proposals consist ant with the vestment Counselors, Inc. Proposal Passed, approved and adopted this 30th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. NOT VOTING--Council Member Hummel. RESOLUTION NO. 256-84 Resolution Instituting Proceedings to Take Additional Action for the Is- suance of $1,200,000 Urban Renewal Tax Increment Revenue Bonds WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $1,200,000 Urban Renewal Tax Incre- ment Revenue Bonds for the purpose of paying costs of aiding in the plann- lng, undertaking and carrying out of the Downtown Dubuque Urban Renewal Project, Iowa 5-15, and has considered the extent of objections received from residents or property owners as to said proposed issuance; and, accordingly the following action is now considered to be in the best in- terests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That this Council does hereby institute proceedings and takes additional action for the sale and is- suance in the manner required by law of $1,200,000 Urban Renewal Tax In. crement Revenue Bonds for the forego- ing purpose. Section 2. The Clerk is authorized and directed to proceed on behalf oft he City with the sale of said Revenue Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may ap- pear appropriate, to publish and distribute the same on behalf of the Ci- ty and this Council and otherwise to take all action necessary to permit the sale of said Revenue Bonds on a basis favorable to the City and acceptable to the Council Passed, approved and adopted this 30th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote:' Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. NOT VOTING--Council Member Hammel. RESOLUTION NO. 257-84 A Resolution Authorizing the Filing of an Application for an Urban Develop- ment Action Grant for the Downtown Dubuque Convention Hotel WHEREAS, Investment Counse- lors, Inc. proposes to develop a con- vention hotel on Urban Renewal Disposition Parcel 4-2 across from the Five Flags Civic Center in downtown Dubuque; and WHEREAS, it has been determined that said proposal will not be feasible without non-hical assistance; and Special Session, July 30, 1984 WHEREAS, the City of Dubuque in cooperation with Investment Counse- lors, Inc. has prepared an Urban Development Action Grant applica- tion for the purpose of obtaining the needed non-local assistance for the proposed project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby authorizes the filing of an U~ ban Development Action Grant ap- plloation with the Department of Housing and Urban Development in- eluding all the understandings and assurances contained therei~ Said ap- plloation shall request an A etlon Grant award for the purpose of assisting in the development ora convention hotel Section 2. That the Mayor is hereby authorized and directed to act as the official representative of the City of Dubuque in connection with said U~ ban Development Action Grant ap- plloation, and to provide such addi- tional information as may be requested by the Department of Housing and U~ ban Developmen~ Passed, approved and adopted this 30th day of July, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. NOT VOTING--Council Member Hummel. There being no further business, Council Member Hummel moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved Adopted Mayor Council Members ATTEST: City Clerk 323 1984 1984