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1984 October Council Proceedings426 Special Session, Se )tember 17,1984 Regular Session CITY COUNCIL OFFICIAL Regular Session, October 1, 1984. Council Met at 7:30 o'clock p.rm, in the City Hall Council Chambers. Preannt--Mayor Brady, Council Members Bearskens, Dsich, Hammel, Klueaner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cot- poratiou Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this 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 Mr. Daniel Smith, President of the Emmaus Bible College. PROCLAMATIONS: Oct. 7 through 13 as "National Employ the Handicap- pod Weak"; Oct. 13 through 20 as "Higher Education Week" received by Loras College representative Jerry Noonan; University of Dubuque representative Dr. Petersen; Emmaus Bible College representative Dr. Smith; and Clarke College represen- tative Jane Daly; Oct. 15 as "White Cane Safety Day". Jerry Guy from the Durrant Group gave a report on the progress and status of the Race Track Facility. Council Member Beurskens 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--Mayer Brady, Council Mem- bers Beurskens, Dsich, Hammel, I/luesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider adoption of Or- dinance, by reference, the 1984 Na- tional Electrical Code, presented and There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Hammsi moved that the prc- of be received and filed. Seconded by October 1, 1984 427 Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Doich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. .Communications of Metcnif Electric Service; Iowa Electrical Appren- ticeship Training and Educational Trust; Spiegelhalter Electric; Dubu- quo Division, Iowa Chapter, NECA; C.P. Pfohl Electric Co.; and Electrical Examining Bd., requesting adoption of the 1984 Electrical Code as soon as possible, presented and read. Council Member Hammsi moved that the communications be received and filed. Seconded by Council Member Dsich. Carried by tho follow- .ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 31~4 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 13-16 THEREOF AND ENACTING A NEW SECTION 13-16 IN LIEU THEREOF PROVIDING FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE OF 1984, SAID ORDINANCE HAVING BEEN presented and read at the Council Meeting of September 17, 1984, presented for further action. Council Member Hammel moved that the reading just had be con- sidered the second reading of the Or- dinance and that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispens- ed with. Seconded by Council Member Deich. Carried by the fu]lowing vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 31-84 AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY REPEALING SECTION 13-16 THEREOF AND 428 Regular Session, October 1,1984 ENACTING A NEW SECTION 13-16 IN LIEU THEREOF PROVIDING FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE OF 1984 NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Section 13- 16 thereof and adding a new Section 13-16 in lieu thereof to read as fei- "Sec. t3-16. Adoption of electri- cai code. The National Electrical Code of 1984, as promulgated by the National Fire Protection Association, is hereby adopted by reference in full. From the effective date of tins section ali electri- ca! work as set out in Section 13-12 shall be performed in accordance with its provisions. A copy of the 1984 National Electrical Code, as adopted, shall be on file in the office of the City Clerk for public inspection." Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Pased, approved and adopted this 1st day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day of October, 1984. Mary A. Davis City Clerk It 10/5 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. HEARING regarding the issuance of Class "C" (Commerciall Beer and Li- quor License to Patrick Barry and Gary Kuperferschmidt d/b/a "Whis- key River". Petition containing 98 signatures going on record as opposing Whiskey River's Liquor License request and supporting any action to be taken against Whiskey River, Avenue Top, Gomer's Bar and Schroby's Barrell Tap, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Ed and Linda Meyer, Gina Ramp- son, John Wagner, Jeannette Hopp- man, Ed Butler, John Thill, Mary Butler, Agnes Wagner, Mrs. Robert Nelson, objected to the behavior of the patrons of the taverns, citing specific instances of noise, littering and van- dalism. Bar owners Gary Kupferschmidt, Patrick Barry, Grog Adams and Michael Bower stressed that they are willing to cooperate with the neigh- borhoods. RESOLUTION NO. 324~84 WHEREAS, Applieations for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Patrick J. Bm'fy and Gary Kupferschmidt WHISKEY RIVER 1064 University Ave. Passed, adopted and approved tins 1st day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Sessior Council Member Beurskens moved approval and adoption of the Resolu- tion. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Beurskans, Deich, Hammel, Kluesner, Manning. Nays--Mayor Brady Council Mem- ber Kronfeldt. Communication of City Manager submitting petitions of Dubuque pro- perry owners; Communication from the Historic Preservation Commission and Planning and Zoning Conunission regarding proposed designation of a West Eleventh Street Historic -Preservation District and requesting approval, 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- bors Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacting a new Section 6.5 of Chapter 19 1/2 to pro- vide for the establishment of the West Eleventh Street Historic Preservation District, containing the properties described and pursuant to the re- qnirements of Chapter 19 1/2 of the Code, presented and read. Council Member Kronfeldt moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammet, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is token, be dispensed with. 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. October 1, 1984 429 Council Member Kronfeldt moved that a Public Hearing be held on the Ordinance on December 3~ 1984 at 7:30 p.m. in the City Hall Council Chambers and that the City Clerk publish notice in the manner preecrib- ed by law. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Don Shaniey sub- mitring an apology to the Council for use of Staff's time, presented and road. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Mem- ber Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesanr, Kronfeldt, Manning. Nays--None. Mr. Shaniey spoke to the communi- cation. Submission by the City Council to the City Manager a Policy Statement with regards to the Dock Board as it pertains to the Deck Board Ordinance, presented and read. Council Member Hammel moved that the statement be received and Iff- ed and referred to the Council. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of William Blum, Sr., Chairperson of the Dock Commis- sion, submitting information regard- ing Shanley's Resort and Recreational Vehicle Park, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Mem- ber Deich. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. 430 Regular S~msio~, October 1,1984 Communication of City Manager submitting revised Ordinance pertain- ing to regulation of Junk Dealers, Secondhand Dealers and Pawnbrok- ers, presented and read. Council Member Deich moved that the communication be received and ~- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Steve Simon, Dulane Schnen, Jack Lornaza and John Burns, spoke to the various specifics as set out in the pro- posed Ordinance. An ORDINANCE Amending the Code of Ordinances by the City of Dubuque, Iowa, by enacting a new Chapter 22 in lleu thereof providing for the regulation of Junk Dealers, Secondhand Dealers and Pawnbrok- ers, said Ordinance having been presented and read at the Council Meeting of September 17, 1984, presented for further action. Council Member Deich moved that the reading just had be considered the second reading of the Ordinance, 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 and final adoption. Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--Council Members Deich Kronfeldt, Manning. Nays--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kinesner. MOTION FAILED. Mayor Brady moved that further ac- tion on the Ordinance be tabled until the next meeting. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- ber Deich. Nays--Council Members Beurskens Hammel, Kluesner, Kronfeldt, Man- ning. MOTION FAILED. Council Member Kluesner moved that the reading just had ha con- ddered the second readln~ of the Or- finance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskena, Hammel, Kluesuer, Kronfeldt, Man- Nays--Mayor Brady, Council Mem- ber Deich. Connnunication of City Managur submitting Ordinance establishing Grade Elevations on John F. Kennedy Road from University Ave. to Penn- sylvania Ave,, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Mem- ber Hammel. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 33-84 AN ORDINANCE ESTABLISHING A GRADE ON JOHN F. KENNEDY ROAD FROM UNIVERSITY AVE- NUE TO THE SOUTH CURB LINE OF PENNSYLVANIA AVENUE, presented and read. Council Member Kconfeldt moved that the reading just had be con- sidered the first reading of the dinance. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, K]uesner, Kronfeldt, Manning. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beursketis, Deich, Hammel, Kluesnar, Kconfeidt, Manning. Nays--None. ORDINANCE NO. 33-84 An Ordinance establishing a grade on John F. Kennedy Road from Uni- versity Avenue to the South curb line Regular Session of Pennsylvania Avenue. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Seciion 1. That the grades of John F. Kennedy Road from University Avenue to the South curb line of Pennsylvania Avenue as shown on plans which are incorporated herein by reference and are on file in the office of the Cit~ Clerk are hereby established and adopted. Section 2. That the North curb grade commences at the westerly ter- minus of University Avenue, which is station -1 + 65 and matching existing curb elevation; thence on a 0.97% grade to station -0 +50 which is the P.C. of a 100 foot vertical curve hay- lng a curb elevation of 795.72; thence to station 0 + 00 which is the P.I. having a curb elevation of 796.77; thence to station 0 + 50 which is the P.T. having a curb elevation of 798.95; thence on a grade of 5.5% to station 1 + 35 having a grade of 803.63. Section 3. That the South curb grade commences at station -0 + 80 and matching existing curb elevation of 795.37; thence on a grade of 4.08% to station 0 + 35 which is the P.C. of 100 foot vertical curve having a curb ele- vation of 798.84; thence to station 0 + 85 which is the P.I. having a curb ele- vation of 801.06; thence to station I + 35 which is the P.T, having a curb ele- vation of 803.63. Section 4. That the North & South curb grade~ continue at a grade of 5.5% to station 2 + 00 which is the P.C, of a 600 foot vertical curve having a curb elevation of 807.20; thence to station 5 + O0 which is the P.I. having a curb elevation of 820.13; thence to station 8 + 00 which is the P.T. having a curb elevation of 825.92; thence on a grade of 0.74% to station 14 + 50 which is the P.C. of a 200 foot vertical curve having a curb elevtion of 830.73; thence to station 15 + 50 which is the P.I. having a curb elevation of 830.82; thence to station 16 + 50 which is the P.T. having a curb elevation of 829.61; thence on a grade of -1.86% to station 17 + 60 which is the centerline of Wacker Driv~ having'a North curb elevation of,827.56; thence on a grade of -1.86% to station 20 + 00 which is the P.C. of a 250 foot vertical curve having East and West Curb elevations of 823.10; thence to station 21 + 25 which is the P.I. having an elevation of 821.20; thence to station 21 + 84 which is the centerIine of Stoneman Road having an East curb elevation of 820.60; thence to station 22 + 50 October 1, 1984 431 which is the P.T. having East and West curb elevations of 820.15; thence on a grade of -0.5% to station 25 + 50 which is the P.C. of a 400 foot asym- metrical vertical curve having a curb elevation of 818.65; thence to station 27 + 40.3 which is the P.I. having a curb elevation of 814.36; thence to sta- tion 29 + 50 which is the P.T. having a curb elevation of 802.60; thence on a grade of ~7.2% to station 29 + 98, which is the centerhae of Crestwood having a curb elevation of 799.14; thence on a grade of -7.2% to station 31 + 00 having a curb elevation of 791.80, Section 5, That the West curb grade continues from station 31 + 00 which is the P.C. of a 350 foot vertical curve having a curb elevation of 791.80 to station 32 + 75 which is the P.I. of a vertical curve having a curb eleva- tion of 782.51; thence to station 34 + 50 which is the P.T. having a curb ele- vation of 779.83; thence to station 35 + 10 in the intersection of Pennsyl- vania Avenue meeting the existing ele- vation. Section 6. That the East curb grade continues from station 31 + 00 which is the P.C. of a 350 foot vertical curve having a curb elevation of 791.80 to station 32 + 75 which is the P.I. hav- ing a curb elevation of 782.65; thence to station 34 + 50 which is the P.T. having a curb elevation of 780.40; thence to station 35 + 10 in the inter- section of Pennsylvania Avenue meet- ing the existing elevation. Section 7. That the bench marks used to establish said grades are as fol- lows: a. Point of arrow on fire hydrant at Southwest curner of Crestwood and John F. Kennedy Road, elevation 802.96. b. Point of arrow on fire hydrant 200 feet East of Pennsylvania Avenue, elevation 791.45. PASSED, APPROVED, AND ADOPTED this 1st day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day of October, 1984. Mary A. Davis City Clerk It 10/5 Council Member Kronfeldt moved adoption of the Ordinance. Seconded 432 Regular Session October 1, 1984 by Council Member Harmnel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel Lindahl filing District Court Decree in the matter of the City vs. Holiday Oil, Inc. which confirms the assessments in the John F. Kennedy Road reconstruction project AND Communication of the City Manager recommending to award the contract for the reconstruction of John F. Ken- nedy Road from Pennsylvania to University Ave. to Flynn Company, Inc., presented and read. Council Member Hammel moved to receive and ftc the communications. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dalch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. {Awarding Contract) RESOLUTION NO. 331-84 WHEREAS, sealed proposals have been submitted by contractors for the Reconstruction of John F. Kennedy Road from Pennsylvania Avenue to University Avenue pursuant to Resolution No. 91-84 and notice to bid- ders published in a newspaper publish- ed in the City of Dubuque, Iowa on the 23rd and 30th days of April, 1984. WHEREAS, said sealed proposals were opened and read on the 10th day of May, 1984, and it has been deter~ mined that the bid of the Flynn Com- pany, Inc. of Dubuque, Iowa in the amount of $1,005,891.52 was the lowest bid for the furnishing of ail labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contractor for the above-mentioned improvement be awarded to the Flynn Company, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubu- que 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, and adopted this 1st day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- ers Beurskens, Deich, Hammal, Kluesner, Kronfoldt, Manning. Nays--None. Communication of City Manager submitting Fire Mutual Aid Agree- merits with the Dubuque County Fire- fighters' Assn., East Dubuque Fire . Dept. and Jamestown Fire Dept. and requesting Mayor be authorized to execute the three agreements, pre- sented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Mem- ber Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 3~84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 14-28 THERETO PROVIDING FOR WRITTEN MUTUAL AID AGREE- MENTS FOR EMERGENCY FIRE SERVICE, presented and read. Council Member Kronfeldt moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded Regular Session, October 1, 1984 by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 32-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 14-28 THERETO PROVIDING FOB WRITTEN MUTUAL AID AGREE- MENTS FOR EMERGENCY FIRE SERVICE WHEREAS, it is deemed to be in the best interest of the City of Dubuque to create the necessary authority for the City to enter into mutual aid agreements with other gov- ernmental entities for emergency fire service assistance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting a new Sec- tion 14-28 thereto as follows: "Sec. 14-28. Mutual aid agree- ments. Notwithstanding the provisions of Section 14-26, the City is authorized to enter into written mutual aid agree- ~nents for emergency fire service with other entities for the purpose of pro- viding assistance on a reciprocal basis." Passed, approved and adopted this 1st day of October, 1984. James A. Brady ATTEST: Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day of October, 1984. Mary A. Davis City Clerk It 10/5 Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Ham~ mci. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, I{luesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Resolution providing for designation of Directors of the Dubu- que Emergency Medical Services Pfc- gram, presented and read. Council Member Kronfeldt 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 Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 325-84 Deaig~ating Edmond E. O'Neill, M.D. and Kelth A. Shaw, M.D. as Service Program Medical Directors for the Emergency Medical Service Progr~un of the City of Dubuque, Iowa WHEREAS, the Emergency Medi- cai Service Program for the City of Dubuque, Iowa has been approved by the Iowa Department of Health; and WHEREAS, the administrative rules of the Iowa Department of Health provides that such medical ser- wce programs shah be under the direc. tion of a duly licensed physician; and WHEREAS, the designation of medical directors for the Emergency Medical Service Program is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN~ CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Edmond E. O'Neil~ M.D. and Keith A. Shaw, M.D. be and are hereby designated as Emergency Medical Service Program Directors to have responsibility for the overall medical control of the service program of the City of Dubuque. Passed, approved and adopted this 1st day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved 434 Regular Session October 1, 1984 adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfaldt, Manning. Nays--None. Communication of City Manager submitting Resolution authorizing Mayor to execute Cooperative Agree- merit between Housing and Urban Development and the Dubuque Hu- man Rights Commission, 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, Hammel, FAuesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 326-84 A Resolution Authorizing the Execu- tion of a Cooperative Agreement Bet- ween the U.S. Department of Housing and Urban Development and the Dubuque Human Rights Commission From October 1, 1984 Through September 30, 1985. WHEREAS, under provisions of the Fair Housing Assistance Program (FHAP), the City of Dubuque prepared and submitted an application for Type I funds which are provided to promote the goal of equal housing op- per tonity; and WHEREAS, the application has been approved by the Department of Housing and Urban Development in the amount of $25,000 for a twelve- month program commencing October 1, 1984; and WHEREAS, tim City Council authorized the Mayor on September 17, 1984, to sign a Memorandum of Understanding between the regional Housing and Urban Development Of- fice and the Dubuque Human Rights Commission; and WHEREAS, a Cooperative Agree- ment covering the activities proposed to be carried out with the Type I funds has been tendered the C~y of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cooperative Agmemen~ authorized by the U.S. Department of Housing ami Urban D~- velopmeat for Type I funds under the Fair Housing Assistance Program to the City of Dubuque is hereby ac- cepte~L Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a Cooperative Agreement identified as HA.13164 for submission to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 1st day of October, 1984. James E. Brady Mayor ATI'EST: Mary A. Davis City Clerk Council Member Krnnfeldt moved adoption of the Resolution, Seconded by Council Member Bearskens. Car- ried by the following vote: Yeas--Mayec Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of the City Manager recommending approval for submis- sion of an application for 50 units in the State of Iowa Rental Rehabilita- tion Program and Approving the Change of Part-time Clerk Typist to Fulltime in Housing Services Division, presented and read. Council Member Kronfaldt moved that the communication be received and filed and position approved. Seconded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manni~-g. Nays--None, RESOLUTION NO. 827-84 Resolution Approving the Submission of an Application for 50 Units in the State of Iowa Rental Rehabilitation Regular Ses~on Program and Authorizing and Direct- ing Certain Actions in Support Thereof. WHEREAS, the City of Dubuque functions as a Public Housing Agency authorized by provisions of Chapter 403A of the 1966 Code of Iowa, as amended; and, WHEREAS, the City of Dubuque and the United States Department of Housing and Urban Development have approved a Housing Assistance Plan for 1982-85 which indicates need for development of additional Section 8 Existing and rental rehahiliation units; and, WHEREAS, the City rental assist- ance waiting lists indicate a large de- mand by low income farailies needing 2 and 3 bedroom assistance, and there continues to exist within the City's targeted neighborhoods a need for moderate rehabilitation of rental hous- lng; and, WHEREAS, the State of Iowa has issued a notice of fund availability in- viting the City of Dubuque to file an application to participate in its federal- ly funded Rental Rehabilitation Pre- gram as soon as possible, but no later than October 12, 1984; and, WHEREAS, the 1982 City of Dubuque Housing Strategy recom- mends "~ . . participation in any new federal housing program directed at improving the existing housing stock... "and endorsed the continua- tion and expansion of the Section 8 Existing Housing Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby approves the submission of an application for 50 units in the State of Iowa Rental Rehabilitation Program. Section 2. That the Mayor is hereby authorized and directed to execute an application and other r~quir~d docu- ments necessary to support the City's applieatio~ Section 8. That the City of Duhaque Housing Commission is hereby directed October 1, 1984 435 to conduct a public hearing regarding this application as soon as possible in accordance with requirements of Chapter 403A.28 Code of lows, and to review and approve program design and tenant assistance plans and other such necessary documents required to support this applieatior~ Section 4. That the City Manager is hereby authorized and directed to for ward said application to the State of Iowa, Office of Planning and Program- ming on or befor~ October 12, 1984. Passed, approved and adopted this 1st day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kroufeldt 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. Communication of City Manager r~- questing authorization to purchase from Knight's Trailer Center, Inc. Starting Boxes necessary for the Greyhound Racing Facility at a cost of $42,650, presented and read. Council Member Beurckens moved that the communication be received and filed and approved purchase. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfsidt, Manning. Nays--None. Upon request of Council Member Kluesner a Resolution Appeovlng an Amendment to the Memorandum of Agreement between the City of Dubu- que and Dubuque In-Future, Inc. dated August 17, 1981 and authorlz- lng and directing the Mayor to exe- cute said amendment on behalf of the City of Dubuque was withdrawn from this Council Agenda. BOARDS AND COMMISSIONS: Dock Board - One unexpired term which win expire on Nov. 26, 1984. Regular Session, October 1,1984 Applicant, Robert C. Schroitt. Council Member Hummel moved that Mr, Schmltt be appointed to fin the unexpired term on tho Dock Board which win expire Nov. 26, 1984. Seconded by Council Member Kron- foldt. Carried by the following vote: Yeas--Council Members Beurskens, De(ch, Hammel, Klusener, Kronfeldt, Manning. Nays--Mayor Brady. RESOLUTION NO. 328-84 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. AHa K Zazz, Inc. Swizzle Stick 1800 Radfurd Rd. Passed, adopted and approved this 1st day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klusener moved adoption of the Resolution, Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Hummel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 329-84 WHEREAS, Applications for Beer Permits have been submitted and filed te this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to bo oc- cup(ed by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicante a Beer Permit. CLASS "C" BEER PERMIT Kopple's Market, Inc. 1098 University Ave. (Also Sunday Sales) Passed, adopted and approved this let day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Kronfoldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 330-84 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" iHOTEL-MOTEL) BEER AND LIQUOR LICENSE Anthony A. & Bette O. Hell(ag 701 Dodge St, CLASS "C" (SPECIAL) BEER-WINE LICENSE Patricla Ann Hill 2260 J. F. Kennedy {Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Leroy A. Miller 2616 Windsor Ave. (Also Sunday Sales) Eugene L. Kopp 1641 Asbury Rd. (Also Sunday Sales) Regular Sessio~ Judith M. hndidge lO01 Rhomberg Ave. Passed, adopted and approved this let day of October, 1984, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfoldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hummel, Klnsenet, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Airport Comm. of 9-4 and 9-19; Housing Comm. of 9-5 & 9-20; Joint Meeting of the Community Development and Housing Commissions of 8-28; Dock Board of 8-28; Dubuque In-Future, Inc. Board of 8-24; Historic Prceerva- tion Comm, of 9-11; Human Rights Comm. of 9-10; Park & Recreation Comm, of 8-14; Public Library of 8-21; Five Flags Comm. of 9-18, presented and read. Council Member Klucener moved that the minutes be received and filed. Seconded by Council Member Kron- foldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Ellen Gollnvaux in amount of $212.60 for personal injuries; Holly and Dean Naumun in amount of $269.50 for backed-up sewer damages; Laura Noel in unknown amount for personal in- juries; Bernice A, Polsean in amount of $200 for personal injuries, presented and read. Council Member Kluesner moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurckens, Do(ch, Hummel, Kluenaer, Kronfoldt, Manning. Nays--None. Oetober 1, 1984 437 Communications of Corporation Counsel Lindahl recommending ri(als of following claims: Asbury Square Partnership for property damage; Daniel Bauer for personal in- jury; Thomas Glover for Police Harassment; Brian Kohn for property damage; Earl and Janet Moote for sewer back-up damages, presented and read. Council Member Kluesner moved that the communications be received and filed and denials approved. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communications of Corporation Counsel Lindahi recommending set- tIemente of following claims; Deborah Brennan for property damage in amount of $10; Agnes Fecker for per- senal injury in the amount of 5126; Dominic Goodmann for personal in- jury in the amount of $168.15; Lynn Harbin in the amount of $90 for prc- petty damages, presented and read. Council Member Klueeaer moved that the communications be received and filed and settlements approved and Finance Director to issue the pro- per checks, Seconded by Council Member Kroofeldt, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Da(ch, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. REFUNDS REQUESTED: Crane Enterprises, Inc. $75 on unexpired Cigarette License; Saint Columbkille Church, $225 on unexpired Class "B" Beer Permit; Church of the Nativity $225 for unexpired Class "B" Beer Permit; Windsor Tap, $75 on unex- pired Cigarette License; Crane Enter- prises, Inc., $211.25 on unexpired Li- quor License, presented and read. Council Member Kluesner moved that the refunds be approved and Finance Director to issue the proper checks, Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- Regular Session, October 1, 1984 hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--Nnne. Communication of City Manager submitting monthly reports of the Finance Director and City Treasurer; Communication of City Manager sub- mitring copy of the 1984 City Annual Finance Report for the fiscal year end- ed June 30, 1984 along with a copy of its "Summary Report", presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskons, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of the Office for Planning and Programming acknowl- edging receipt of appllcatinn from the City for a loan under the Iowa Com- munity Development Loan Program and advising ail funds have been obilgated and none are available at the present time, presented and read. Council Member Kluesnec moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting for the official records of the City, an addendum to the lease with' the Dubuque Racing Assn., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Krnnfeldt, Manning. Nays--None. Communication of City Manager sub- mitting Annual Report on Worker's Compensation Self-Insurance Plan, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krnnfeldt, Manning. Nays--None. Communication of Dubuque Inn Best Western Owner/General Man- ager requesting Council to set some priorities for the Hotel Business, presented and read. Council Member Khiesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Beecher Co., Inc. advising the Lease being referred to, is owned by the Industrial Management Corp. of Marion, Ia., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council ~Iember Kronfeldt. Carried by the following vote: Ycas--Mayar Brady, Council Mem- bers Beursknns, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting report of his Budget Input Meeting held on September 22, 1984, presented and read. Council Member Kluesnar moved that the communication be received and filed. Seconded by Council ~Iember Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. F & S Radiator r~questing authori- zation to construct a Drive-In Eh- trance Ramp at 850 Jackson St., pr~- sented and read. Council Member Kluesner moved Regular Session that the request be referred to the City Manager and Staff. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deinh, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Paul Britt of Dubuque Stamping & Mfg. Co. Inc., submitting an update of their opera- tion and progress, presented and read. Council Member Klnnsner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. There being no further business, Council Member Deich moved to ad- journ. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved 1985 Adopted _1985 Mayor Council Members ATTEST: City Clerk October 1, 1984 439 440 Special Session October 8, 1984 CITY COUNCIL OFFICIAL Special Session, October 8, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskene, Daich, Hammel, Kluesner, Kronfeldt, Manning~ City Manager W. Kenneth Gearhart, Co~ 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 CONSIDER AWARDING CONTRACTS FOR THE DUBUQUE RACING FACIL- TY BID PACKAGE "B" and acting upon such other business which may properly come before the Council. PROCLAMATIONS: Week of Oc- tober 8-13 as "Local Government Week"; Hours of 5:30-7:30 on October 31, 1984 as "Trick of Treat Night" Council Member Beurshens moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Kluesner, Kronfoldt, Manning. Nays--None. Jerry Guy of the Durrant Group gave a report on the status of the Dubuque Dog Track. 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, etc. for the Dubuque Racing Facility Bid Package "B", presented and read. Council Member Beurskens moved that the proof of publication be recaiv- ed and filed. Seconded by Council Member Manning, Carried by the following vote: Yeas--Mayur Brady, Council Mem- bers Beurskens, Daich, Hammel, Khiesner, Kronfeldt, Manning. Nays--None. (Necessity for Improvement) RESOLUTION No. 314-84 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- ilce 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 Racing Facility Bid Package "B" Comprised of (4) Site Work, (5) Structural Steel and Ex- terier Closure, and (6) Kmmels and Security Building. 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- s~deration of this proposed resolution have filed objections with the City Clerk to the proposed plans, spocifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shail be con- ~tructed 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 ha paid from General Obligation Bond Funds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 17th day of September, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this let day of Oc- tober, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Special Session Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesaer, Manning. Nays--None. Abstnin--Canncil Member Kron- feldt. Deelaion of Council Upon Objections to Plans, Specifications, Form of Con- tract and Cost of Improvements RESOLUTION NO. ~32-84 WHEREAS, proposed plans and specifications and form of contract for the Dubuque Racing Facility Bid Package "B" Comprised of (4) Site Work, (5) Structural Steel and Ex- terior Closure, and (6) Kennels and Security Building have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertain- ing to public contracts and bends, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 8th day of October, 1984; and WHEREAS, the City Council met in spec/al session this 8th day of October, 1984, at 7:30 p.m. at the Council Chambers for the purpose of hearing si[ 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 im- provement herein described and pfc- posed to be made; and WHEREAS, all interested parties have been given an opportunity to ha 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 all October 8, 1984 441 objections which have been filed to the plans, specifications and form of cost said improvement he made a matter of ~ermanent record in connection with said improvement. Passed, approved and adopted this 8th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Manning. Nays--None. Abstnin--Counail Member Kcen- foldt. (Ordering Construction) RESOLUTION NO. 333-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 314-84 which was duly passed by this Council for the Dubu- que Racing Facility Bid Package "B" Comprised of (4) Site Work, (5) Struc- tural Steel and Exterior Closure, and (6) Kennels and Security Building be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. Ail the work shall be constructed in accord- once with the plans and specifications 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 nnprovement be paid from General Obligation Bond Funds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 8th day of October, 1984. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Banrskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueaner, Manning. Nays--None. Abstain--Council Member Kron- feldt. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors of the Receipt of Proposals for the construction of said project AND Communication of City Manager recommending to award contracts for construction of above, presented and read. Council Member Beurskans moved that the proof and communication be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayar Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Man- ning, ~Awarding Contract) RESOLUTION NO, 335-84 WHEREAS, sealed proposals haw been submitted by contractors for the Dubuque Racing Facility Bid Package "B" 4.1, Offslte Gravity Main. Lift Station and Forcemain and Add Alter- nate 4.1 Liquidated Damages put- suant to Resolution No. 316-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day oI September, 1984. WHEREAS, said sealed proposals were opened and read on the 4th day of October, 1984 and it has been deter- mined tliat the bid of Tschiggfrle Ex- cavating of Dubuque, Iowa in the amount of $382,00L00 was the lowest bid for the furnishing of all labor and Special Session, October 8, 1984 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 Tschiggfrie Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said 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 8th day of October. 1984. James E. Brady Mayor kTTEST: Mary A. Davis City Clerk Council Member Banrskens 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, Manning. Nays--None. Abstain--Council Member Kron- feldt. IAwarding Contract) RESOLUTION NO. 336-84 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Racing Facility Bid Package "B" 5, Structural Steel and Exterior Closure and Add Alternate 5 Li- quidated Damages pursuant to Resolution No. 316-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of September, 1984. WHEREAS, said sealed proposals were opened and read on the 4th day of October, 1984 and it has been deter- mined that the bid of Kramer Bros. of Plalne, Wisconsin in the amount of Special Sessio~ $1,360,000.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for hi the plans and speciflca- tions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the abov~mentioned im- provement be awarded to Kramer Bros. 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 8th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Abstain--Council Member Kron- feldt. (Awarding Contract) RESOLUTION NO. 337-84 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Racing Facility Bid Package "B" 6, Kennels and Security Building and Add Alternate 6 Liquidated Dam- ages pursuant to Reechition No. 316-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of September, 1984. WHEREAS, said sealed proposals were opened and read on the 4th day of October, 1984 and it has been deter- mined that the bid of C.F. Carr Con- October 8, 1984 443 struction of Dubuque, Iowa hi the amount of $291,339.00 was the lowest bld for the furnishing of aH 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 C.F. Cart Construction and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. 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 8th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the fullowhig vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending approval of agreement with Industrial Management Incor- porate regarding property located on 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 following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Abstain--Council Member Kron- feldt. 444 Special Session October 8, 1984 RESOLUTION NO. 338-84 WHEREAS, there is a lease agree- ment dated August 14, 1979 executed between the City of Dubuque, Iowa, a municipal corporation, and Industrial Management, Inc. Icurrentiy owner of Beecher Sand Ltd,,), an Iowa corpora- tion, for certain land located on Chaplain Schmitt Memorial Island; and WHEREAS, this land comprised of _+13 acres to be used as a dredging site, and five acres to be used as a plant site as shown on attached Ex- h/hit "A"; and WHEREAS, the term of the lease was for five years with the option of renewal for an additional five years, which option the Leasee has exercised; and WHEREAS, a provision is in the lease that the City of Dubuque could ~quire the Leasee to relocate its plant site to another area on Chaplain Schmitt Memorial Island subsequent to December 31, 1982; and WHEREAS, the City of Dubuque did in fact require the Leasee to relocate the five acre plant site to another location on Chaplain Schmitt Memorial Island currently located just north of the U.S. 61 Mississippi River bridge, as shown on Exhibit "B" at- tached, and WHEREAS, the five acre plant site is necessary for planned development of the Dubuque Dog Racing Facility, and the 13 acre dredging area is essen- tial for future development plans of Chaplain Schrnitt Memorial Island; and WHEREAS, the City Council by resolution 286-84 dated August 20, 1984, authorized institution of emi- nent domain proceedings to acquire the five acre plant site that is necessary for the planned develop- ment of the Dubuque Dog Racing Facility; and WHEREAS, negotiations have been conducted with Industrial Manage- meat, Inc. relative to the acquisition of the leasehold interest of Industrial Management, Inc. along with sand in- ventory located on the five acre plant site; and WHEREAS, it has been mutually agreed that the approximate value of the leasehold site plus the sand invert- tory is $95,000 and is broken down as follows: $30,000 leasehold interest in five acres; $45,000 sand inventory, (subject to final adjustment for actual inventory); and $20,000 leasehold in- ~rest in 13_+ acres. NOW, THEREFORE, BE IT RESOLVED, by the City Counc'd of the City of Dubuque, Iowa: Section 1. That the City Manager and Corporate Counsel is authorized to finalize an acquisition agreement with Industrial Managemen~ Ineorporatod~ Section 2. That on finalization of this acquisition agreement that the Mayor be authorized and directed to execute said agreemen~ Passed, approved and adopted this 8th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Haramel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Dalch, Hammal, Riuesner, Manning. Nays--None, Abstain--Council Member Kron- feldt. Communication of City Manager submitting Ordinances (2) providing for parking restrictions on various streets and installations of a "Stop" sign for eastbound traffic on the fron- tage road south of Highway 20 at Cedar Cross Road, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Counc'fl Mem- bets Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Special Session ORDINANCE NO. 34-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY RE- VISING SECTION 25-257(d) PRO- VIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF, NO PERSON SHALL, AT ANY TIME, PARK A VEHICLE UPON ANY OF THE FOLLOWING STREETS OR PARTS OF STREETS - HIGHWAY 61, BOTH SIDES FROM KERPER BLVD. TO THE EASTERLY CORPORATE LIMITS; DAYKIN ROAD, BOTH SIGNS FROM JOHN F. KENNEDY ROAD TO ITS WESTERLY TERMINUS; AND FRONTAGE ROAD, SOUTH SIDE OF HIGHWAY 20, BOTH SIDES, FROM WACKER DR. TO CEDAR CROSS ROAD, presented and read. Council Member Hammci moved that the reading just had be con- sidered the first reading of the Or. dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Hammel moved that the rule requ/ring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Counc'd Member Beurskens. Car- r/ed by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 34-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SECTION 25-257(d) PROVIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF, NO PERSON SHALL, AT ANY TIME, PARK A VEHICLE UPON ANY OF THE FOLLOWING DESCRIBED STREETS OR PARTS OF STREETS. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordi- , October 8, 1984 445 nances of the City of Dubuque, Iowa is hereby amended by enacting new subsections to Section 25-257(d) thereof, ~s follows: "Sec. 25-257. PROHIBITED OR DESIGNATED STREETS OR POR- TIONS THEREOF. (d) Highway 61, both sides, from Kerper Boulevard to the easterly Cot- porate Limits. Daykin Road, beth sides, from John F. Kennedy Road to its westerly ret- Frontage Road south side of High- way 20, beth ~des, from Wacker Drive to Cedar Cross Road." Section 2. That all ordinances or parts of ordinances in coati/ct with this ordinance are hereby repealed. PASSED, APPROVED AND ADOPTED this 8th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Tele~aph Herald newspaper this 12th day of October, 1984. Mary A. Davis City Clerk It 10/12 Council Member Hammel moved adoption of the Ordinance. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesnor, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 35-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY RE- VISING SECTION 25-210 SUB- SECTION (b) OF SAID CODE PRO- VIDING THAT THOSE INTERSEC- TIONS DESIGNATED ARE HERE- BY DECLARED TO BE "STOP INTERSECTIONS" FOR ALL PUR- POSES OF THIS SECTION -- WESTBOUND, FRONTAGE ROAD, SOUTH SIDE OF HIGHWAY 20 AND WACKER DRIVE: EAST- BOUND, FRONTAGE ROAD, SOUTH SIDE OF HIGHWAY 20 AND WACKER DRIVE: EAST- BOUND, FRONTAGE ROAD, SOUTH SIDE OF HIGHWAY 20 446 Special Session, October 8, 1984 AND CEDAR cROSS ROAD, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 35-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SECTION 25-210, SUBSECTION (b) OF SAID CODE PROVIDING THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO RE "STOP INTERSECTIONS" FOR ALL PURPOSES OF THIS SEC- TION. VEHICLES BOUND IN THE DIRECTION INDICATED MUST STOP BEFORE ENTERING THE DESIGNATED INTERSECTION. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa is hereby amended by enacting a new subsection to Section 25-210 (b) thereof, as follows: "Sec. 25-210. STOP INTERSEC- TIONS. (b) Those intersections designated are hereby declared to be "STOP INTERSECTIONS" for all purposes of t~is section. Vehicles bound in the direction indicated must stop before entering the designated intersection. WESTBOUND Frontage Road, South side of High- way 20 and Wacker Drive. EASTBOUND Frontage Road, South side of High- way 20 and Cedar Cross Road." Section 2, That all Ordinances or ?arts of Ordinances in conflict with this Ordinance are hereby repealed. PASSED, APPROVED AND ADOPTED this 8th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph newspaper this 12th day of October, 1984. Mary A. Davis City Clerk It 10/12 Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- risd by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Ordinance providing for an update of a section of the Code of Or- with reference to a portion which is obsolete, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas~Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kinesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 36-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REPEALING FIRST UNNUMBER ED PARAGRAPH OF SUBSEC- TION la) OF SECTION 35-12 AND PARAGRAPH 12) OF SUBSECTION {a) OF SECTION 35-12 THEREOF AND ENACTING A NEW FIRST UNNUMBERED PARAGRAPH OF SUBSECTION la) OF SECTION 35-12 AND PARAGRAPH (2) OF SUBSEC- TION Iai OF SECTION 35-12 IN LIEU THEREOF PROVIDING FOR THE SCOPE AND APPLICABIL- ITY FOR A PARTIAL EXEMPTION FROM PROPERTY TAXATION FOR CERTAIN INDUSTRIAL PRO- Special Session PERTY, pr~ented and read. Council Member Beurskens moved that the reading just had be con- ~/dered the first reading of the Or- dlmmce. Seconded by Council Member Manning. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~ueaner, Kronfeldt, Manning. Nays--None. ~ouncil Member B~ursksns moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeing when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, glueaner, Kronfeldt, Manniv~. Nays--None. ORDINANCE NO. 36-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING THE FIRST UNNUMBERED PARAGRAPH OF SUBSECTION (a) OF SECTION 35- 12 AND PARAGRAPH (2) OF SUB- SECTION (a) OF SECTION 35-12 THEREOF AND ENACTING A NEW FIRST UNNUMBERED PARAGRAPH OF SUBSECTION (a) OF SECTION 35-12 AND PARA- GRAPH (2) OF SUBSECTION (a) OF SECTION 35-12 IN LIEU THEREOF PROVIDING FOR THE SCOPE AND APPLICABILITY FOR A PAR- TIAL EXEMPTION FROM PROP- ERTY TAXATION FOR CERTAIN INDUSTRIAL PROPERTY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- TIL OF THE CTY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi* nances of the City of Dubuque, Iowa be amended by repealing the first unnumbered paragraph of Subsection (a) of Section 35-12 and paragraph (2) of Subsection (a) of Section 35-12 and enacting a new first unnumbered para- graph of Subsection (a) of Section 35- 12 and paragraph (2) of Subsection (a) of Section 35-12 in lleu thereof as fol- "Sec. 35-12. Partial exemption for value added to industrial real estate by new construction and acqulsi~/on or improvement to cer- October 8,1984 447 taln machinery or equipment. (a) Scope; applicability. This section provides for a partial exemption from property taxation of the actual value added to the industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to machinery and equip- ment assessed as real estate pursuant to Section 427A.1, Subsection (1), Paragraph E, of the Code of Iowa, (conditioned as follows:) (2) The exemption shall also apply to new machinery and equipment assessed as real estate pursuant to Sec- tion 427A.1, Subsection (1), Paragraph E, of the Code of Iowa, unless the machinery or equipment is part of the normal replacement or operating pro- cess to maintain or expand the existing operational status." Passed, approved and adopted this 1st day of Octobex, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of October, 1984. Mary A. Davis City Clerk It 10/12 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Man- ning. 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 discussion and direction to be given regarding the proceeding on the fire volunteer program, presented and that the City Manager be directed to pursue the matter of a Fire Volunteer Program. MOTION FAILED DUE TO LACK OF A SECOND. instruct the City Manager to drop the Seconded by Council Member Kron- 448 Special Session October 8, 1984 feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfuldt. Nays--Council Members Beurskens, Manning, Upon direction given by a consensus of the Council, a meeting was echedul- ed for Thursday, October 11, 1984 at 5:30 p.m. in the City Hall Council Chambers for an Agenda-setting ses- sion. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved __1985 Adopted - __1985 Mayor Council Members ATTEST: City Clerk SpecialSession CITY COUNCIL OFFICIAL Special Session, October 11, 1984. Council Met at 5:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Nammel, Kronfcldt, Manning, City Manager W. Kenneth Gearhart, Corporation Counsel William G. Blum. Absent--Council Member Kluesner. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose TO REVIEW THE COUNCIL AGENDA ITEMS FOR THE MEETING OF OCTOBER 15, 1984 and acting upon such other business which may properly come before the Council. Upon discussion and consensus of Council, it was agreed that proclama- t~ons at the beginning of the meetings be given no longer than seven minutes for readings and presentations. By mutual agreement, it was decided to change Action Items No. 2 and No. 8, as presented on the Prelindnary Agen- da, to Consent Items. The Council requested that the Mayor announce vacancies that are presently on the various boards and/or commissions, as part of the Agenda. Also, it was agreed to add to the final Agenda for the meeting of Oct. 15th, the "Discussion of Meeting Places for all future Council Meetings." There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hanunel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. Mary A. Davis City Clerk Approved__1985 Adopted 1985 Mayor October 11, 1984 Council Members ATTEST: City Clerk 449 Special Sesaion, October 15,1984 CITY COUNCIL OFFICIAL Special Session, October 15, 1984. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium, preeent--Mayur Brady, Council Members Beurskens, Daich, Hammel, Kluesner, Manning, City Manager W. Kenneth Gearhart, Corporation Counsel william G, Rium, Absent at Roll Call--Council Mem- ber Kronfeldt. Mayor Brady reed the call and stated that service thereof had been duly mode and tiffs Meeting is called for the purpose to SET A PUBLIC HEARING FOR THE CONSTRUC- TION OF BID PACKAGE "C" FOR THE DUBUQUE DOG RACING FA- CILITY and acting upon such other business which may properly come before the Council. The Invocation was given by Rev. Terry Richardson, Pastor of the Assembly of God Church. PROCLAMATIONS: Week of Oct. 21 thru 27 as "National Business Women's Week" received by Mary Kitchen; Month of November as "Na- tional Issue Forum Month" received by Rose Mary Kohnen; Month of November as "Alzheimer's Month" received by Sister Helen Schneider; October 31st as "UNICEF Day" in Dubuque received by Esther Chi; Oc- tober 20 & 21 as Ve y Special Arts Showcase Days" received by Robertson. Council Member Kronfeldt entered the Chambers at 7:36 p.m. Jerry Guy from the Durrant Group gave a report on the progress and status of the Dog Racing Facility. After discussion, there was Council consensus that in accordance with the handicapped accessibility law, that Council Meetings and other public Cf- ty meetings are now to be held at the Public Library Auditorium or the Five Flags Civic Center. Communication of City Manager submitting documents and procedures providing for the construction of Bid package "C" for the Dubuque Dog Racing Facility, presented and read. Couneil Member Beerskans moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: yees--Mayor Brady, Council Mem- bars Beurokens, Deich, Hammal, Kluesnec, Kronfaidt, Manning. Nays--None. ~leceealty for Improvement) RESOLUTION NO. 359~4 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- qua, Iowa, and are now on file in tho of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improv~ ment, and an eetimote of the cost for the Dubuque Dog Racing Facility Package "C" comprising of Contract ~. Fire Sprinkler Systems, Contract ~.1 - Plumbing Systems, Contract ~.2 - HVAC Systems, Contract $9 .Electrical Systems, Contract $9 .Acoustical Ceiling Systems, Contract #10 - Interior Systems, Contract #11 -Tote Building nad General Construc- tion, and Contract #12 - Concrete Top- ~ing and Risers. BE IT THEREFORE RESOLVED that the City Council deems it ad- vlaable and necessary for the public welfare to moke the herein mentioned improvement, and unless interested persons at the time of the final con- slderation of tiffs 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 all objections thereto. Said improvement shall he con- strutted and done in aceerdanee with the plans and specifications which have been approved by the City Coun- ail nad are now on file with the City Clerk. That the cost and expense of making such improvement wid be paid from General Obligation Bond Funds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 15th day of October, 1984. Approved and placed on file for final action. Special Sessio~ APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Cicrk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrekens, Ddich, Hsmm~l, Klueencr, Kronfeidt, Manning. Nays--None. (Prd~min~ Approval of Plans, EteJ RESOLUTION NO. ~ BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed pIRnR; specs., form of contract etc. for the DUBUQUE DOG RACING - BID PACKAGE "C" Contract #7.0 Fire Sprinkler Systems; Contract ~/.1 Plumbing Systems; Contract #7.2 HVAC Systems; Contract /8.0 Electrical Systems; Contract //9.0 Acoustical Coiling Systems; Contract #10.0 In- teeior Systems; Contract #11.0 Tote Building and General Construction; Contract #12.0 Concrete Topping and Risers, with the probable eest of the improvement to be $2,300,000,000 and that the above documents are hereby approved and ordered filed in the of- rice of the City Clerk for public inspec- tion, and are to be considered a part of this Resolution. Passed, adopted and approved this 15th day of October, 1984. J~mes E. Brady Mayor ATTES~ Mary A. Davis City Clark Council Member Beurshens moved adoption of the Resolution. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Fixing Date of Heurh~ and Author- iz~ng Advertisement for Proposals) RESOLUTION NO. 341-84 WHEREAS, the City Council of the , October 15, 1984 451 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- llee of the City Clerk for public inspec- tion for the Dubuque Dog Racing Faeillty Package "C" comprising of Contract #7 - Fire Sprinkler Systems, Contract /~7.1 - Plumbing Systems, Contract #7.2 - HVAC Systems, Con- tract/8 - Electrical Systems, Contract /8 - Acoustical Ceiling Systems, Con- tract #10 - Interior Systems, Contract #11 - Tote Building and General Con- struct~on, and Contract #12 - Concrete Topping and Risers, 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 I3th day of November, 1984, a public hearing will be held at 6:00 p.n~ in the Majestic Room at Five Flags Civic Center at which time interested persons may ap- pear 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 shall not be less than four days nor more than twenty days prior to the day 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- j actions with the City Clerk, they shall be deemed to have waived ali 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 2:00 p.m. the 7th day of Novemnber, 1984. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a 452 Special Session, October 15, 1984 meeting to be held in the Majestic Room at Five Flags Civic Center at 6:00 p.m. on the 13th day of November, 1984. Passed, adopted and approved this 15th day of October, 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- hers Beurskens, Deich, Hammel, Klueener, Kronfaldt, Manning. Nays--None. Communication of City Manager submitting documents and procedures providing for construction of off-site Sanitary Sewer, Watermaln, and Storm Sewer for the Dubuque Dog Racing Facility. presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the /oilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. /Necessity for Improvement) RESOLUTION NO. 3424/4 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 nad form of contract for the improve- ment, and an estimate of the cost for the Dubuque Dog Racing Facility, Off- Site Sanitary Sewer, Watermaln, and Storm 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 interested persons at the time of the final con- slderation 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 shah be deemed to have waived ail objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- dl and are now on file with the City Clerk. That the cost and expense of making such improvement will ha paid from General Obligation Bonds. The above resolution was intreduc- ed, approved and ordered placed on file with the City Clerk this 15th day of October, 1984. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueener moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. (Preliminary Approval of Plans, Etc.) RESOLUTION NO, 343-84 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 - OFF- SITE SANITARY SEWER. WATER- MAIN & STORM SEWER, with the estimated amount of the improvement to be $259,279.90, are hereby approv- ed and ordered filed in the Office of the City Clerk for public inspection, and are to be considered a part of this Resolution. Passed, adopted and approved this 15th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Special Sessio~ Council Member Klueener moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Fixing Date of Hearing and Author- izing Advertisement for Proposals) RESOLUTION NO. 344-84 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 Dubuque Dog Racing Fa- cility, Off-Site Sanitary Sewer, Water- main, and Storm Sewer, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in tho City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 5th day of November, 1984, a public hearing will be held at 6:00 p.m. in the Public Library Auditorium at which time in- terested persons may appear and be beard for or against the proposed plans and specifications, form of con- tract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published hi a newspaper having general circula- tlon in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have filed objections with the City Clerk, they shall be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days October 15, 1984 453 nor more than twenty days prior to the receipt of said proposals at 2:00 p.m. the 30th day of October, 1984. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held in the Public Library Auditorium at 6:00 p.m. on the 5th day of November, 1984. Passed, adopted and approved tMs 15th day of October, 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- ried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Larry R. Kurt, on behalf of Dairy Lab Services Inc. re- questing issuance of Industrial Revenue Bonds in an amount not to exceed $275.000, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 345-84 A Resolution authoriz/ng the execu- tion of a Memornadum of Agreement with Dairy Lab Services Inc. 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"t, 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 industry or industries for the man- ufacturing, processing or assembling 454 Special Session, October 15, 1984 of any agricultural or manufactured products or of any commercial enter- prise engaged in storing, warehousing or distributing products of ngricul- tore, mining or industry, or of a ns- tional, regional or divisional head- quarters facility of a company that does multistate business; and WHEREAS, the Issuer has been re- quested by Dairy Lab Services Inc. (the "Company") to issue its revenue bonds pursuant to the Act for the pur- pose of financing the acquisition by construction or purchase of land, a building, equipment and improve- ments suitable for use as a head- quarters facility for Dairy Lab Ser- vices Inc., located at 5105 Wolff Road in Dubuque (the "Project"); and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto, has been presented to the Issuer under the terms of winch the Issuer agrees, subject to the provi- sions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such put- pose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer as follows: Section L The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed horeW be and the same is hereby ap- proved and the Mayor is hereby authorized to execute said Memoran- dura of Agreement and the Clerk is hereby authorized w attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agree- ment which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and con- toining the provisions set forth in Ex- hibit A attochod hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such Passed and approved tins 15th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk EXHIBIT A Memorandum of Agreement THIS MEMORANDUM OF AGREEMENT Is between the City of Dubuque, Iowa (the "Issuer") and Dairy I~b Services Inc. Ithe "Com- pany"). 1. Preliminary Statement. Among the matters of mutual inducement winch have resulted in the execution of tins Agreement ere the following: (a} The Issuer is authorized by Chapter 419 of the Cede of Iowa, 1983, as amended (the "Act") to issue revenue hands 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 nay industry or industries for the manufacturing, processing or assembl- lng of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company hat does multlatate business. lb) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing r~- qalred by the Act and Section 103~k) of the Internal Revenue Code such bonds will be issued by the Issuer in a prln- cipal amount sufficient to finance the costs of the acquisition by construc- tion or purchase of land, a building, equipment and improvements suitable for use as a headquarters facility for Dairy Lab Services Inc., located at 5105 Wolff Road in Dubuque Ithe "Project"). Icl The Issuer considers that the ac- quisRion and construction of the Prc- ject and the financing of the same will promote the welfare and prosperity of ~le Issuer and its citizens, 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceed- Special Session ings necessary to authorize the la- suance of such bonds, in an aggregate principal amount not to exceed $275,000. Ib~ Subject to due compliance with all requirements of law, including the provisions of and the public hearing re- quired by the Act, it will cooperate with the Company in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shah become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agree- merit with the Issuer under the terms of winch the Company will obligate itself to pay to the Issuer sums suffi- cient to pay the principal of and in* terest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. Genderal Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall he mutual- ly agreed to) the Issuer and the Com- pany shall have agreed to mutually ac- ceptable terms relating to the issuance and sale of such bonds. (b) The Company agrees that it will reimburse the Issuer for uil reasonable and necessary direct out-of-pocket ex- pensee winch the Issuer may incur at its request arising from the execution of tins Agreement and the perfor- nmnce by the Issuer of its obligation hereunder, whether or not such bonds are issued. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shal~ in no event incur any liability for any act or omission hereunder, and that such hands described herein shall not con- situte an indebtedness of the Issuer witinn the meaning of any constitu- tional or statutory provision and shall October 15, 1984 455 not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Dated tins 15th day of October, 1984. Dubuque, Iowa By: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal) Dairy Lab Services Inc. By: Bruce Dakkehakker Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 346-84 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1~84 (Dairy Lab Services, Inc. Project) WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and em- powered 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 acquiril~, by construction or purchase, land, buildings, ira- provements and equipment or any in- terest therein, suitable for the use of nay industry or industries for the manufacturing, processing or aseembl- ing of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been re- quested by Dairy Lab Services, Inc. (the "Company"), an Iowa corpora- tion, to issue its revenue bonds to finance the cost of the acquisition by Special Seseioa, October 16,19~4 construction or purchase of land, a 60' by 110' precast concrete and steel building, equipment and im- provements suitable for use as a head- quarters facility for the Company (the "Project"), to be located at 6105 Wolff Read witMn the Issuer, which will pro- mate the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Develop- ment Revenue Bonds, Series 1984 {Dairy Lab Services, Inc. Project), of the Issuer in an aggregate principal amount not to exceed $275,000 {the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the obligation of which will be suffi- cient to pay the principal of and redemption premium, if any, and in- terest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may ha issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provid- ed for by Section 419.9 of the Act and Section 103(k) of the Internal Revenue Code; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Public Library Auditorium in Dubuque, lows, on the 5th day of November, 1984~ at 6:00 p.m., at which time and plaee a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerh is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Telegraph-Herald, a newspaper published and having a general circulo- then with the Issuer. The notice shall be in substantially the following ferry' NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES (Dairy Lab Services, Inc. Project) The City Council of the City of Dubuque, Iowa, (the "Issuer") will meet on the 5th day of November, 1984, at the Public Library Auditorium in Dubuque, Iowa, at 6:00 p.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonde, Series 1984 (Dairy Lab Ser- vices, Inc. Project), of the Issuer, in an aggregate principal amount not to ex- cecd $275,000 (the "Bonds") and to loan said amount to Dairy Lab Ser- vices, Inc. (the "Company"), an Iowa corporation, for the purpose of defray- ing the cost, to that amount, of the ac- quisition by construction or purchase of land, a 60' by 110' precast concrete and steel building, equipment and im- provements suitable for use as a head- quarters facility for the Company (the "project"), to be located at 5105 Wolff Read within the Ieeuer: The Bonds, when issued, win be limited oblige- tions and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement bet- ween the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposals to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted to the Issuer at City Hall. Written comments must be received by the above hearing date. By 9rdar of the City Council, this 15th day of October, 1984. Mary A. Davis City Clerk Section 3. All resolutions and parts thereof in conflict herewith are hereby Spechl Session mp~d~d to the extent of such conflic~ Passed, and approved this 15th day of October, 1984. James E. Brady Mayor A~TEST: Mary A. Davis City Clerk Council Member Bearshans moved adoption of the Resolution. Seconded by Council Member Manning. Carded by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammel, IIlueener, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Ordinance providing for adoption by reference, the 1984 Edi- then of the Uniform Building Code, AND Communication of the Building Code Advisory and Appeals Board, present~l and read. Council Member Hammel moved that the communications be received and filed. Seconded by Council Member ~Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Elueener, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacting a new Section 10-1 in lieu thereof and amen- ding Section 10-2 pertaining to revis- ing a Building Cede for the City of Dubuque, and providing for the is- mance of permits and collection of fees thereof, presented and read. Council Member Hammel moved that the reading just had be con- sidared the first reading of the Or- dinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel I/luesner, Krunfeldt, Manning. Nays--None. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, bo dispensed with. Seconded October 15, 1~4 457 by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskans, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--Nane. Council Member Hammel moved that a Public Hearing be held on the Ordinance on November 13, 1984 at 6:00 p.m. in the Majestic Room at the Five Flags Civic Center and that the City Clerk publish notice in the man- eer prescribed by law. Seconded by Council Member Manning. Carried by he following vote: Yeas--Mayor Brady, Council Mem- 'bers Beurskans, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Ordinance providing for the adoption of a Uniform Fire Code, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beurekens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacting new Sections 14-1, 14-2 and 14-8 providing for adoption of a Uniform Fire Code for the City of Dubuque, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurakens, Deich, Hammel, Klueener, Kronfeidt, Manning. Nays--None. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- tied by the following vote: 458 Special Session, October 15,1984 Yeas--Mayor Brady, Council Mom- bets Bourskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Hammel moved that a Public Hearing be held on the Ordinance on Nov. 13, 1984 at 6:00 o'clock p.m, in the Majestic Room at tho Five Flags Civic Center and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Daich, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. Communication of the President of the Noon Optimist Club of Dubuque requesting to address the Council to make a presentation for Storybook Hill Children's Zoo and Dr. C. H. Bregman, Chairman of the Zoo Com- mittee, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Hanunol. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskous, Daich, Hammel, Klusener, Kroufeldt, Manning. Nays--None. Mayor Brady presented a Proclama- tion honoring Dr. C. H. and LuAnn Bregman, prociahnlng the first day of the opening of the Storybook Hill Children's Zoo in the spring of 1985 as "Bregman Day" and giving a vote of confidence to these generous in- dividuais who have given countless hours to this family entertainment project. Petition of Robert D. Hudson, Direc- tor of Upper River Terminals, r~ questing to address the Council to re- quest leasing on a temporary basis of the easterly shoreline of Chaplain Scbmitt Memorial Island, south of the Dubuque/Wisconsin Bridge, presented and read. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Moun- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hamme] Kinesner, Kronfeldt, Manning. Nays--None. Communication of Dock Board ad- vising of favorable vote to endorse ~he area's temporary use as a Barge Fleeting Site subject to conditions as outlined, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yese--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Daich moved to deny the request of Robert Hudson for permission for temporary barge fleeting. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskous, Delch, Hammel, Kronfeldt, Manning. Nays--Council Member Kluesner. Communication of City Manager submitting an alternate Section 22-6 for the proposed rewrite of the pawn- broker's Ordinance, presented and mad. Council Member Bourskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the foflowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 37-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW CHAPTER 22 IN LIEU THEREOF PROVIDING FOR THE REGULATION OF JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS, SAID ORDINANCE HAVING BEEN presented and read at the Coun- cil Meetings of August 20, September 4, October 1, 1984, presented for final action. ORDINANCE NO. 37-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING CHAPTER 22 Special Sessio~ THEREOF AND ENACTING A NEW CHAPTER 22 IN LIEU THEREOF PROVIDING FOR THE REGULATION OF JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Chapter 22 thereof and enacting a new Chapter 22 in lieu thereof as follows: Chapter 22 JUNK DEALERS, SECONDHAND DEALERS AND pAWNBROKERS ARTICLE I. IN GENERAL "Sec. 22-1. Definitions. For the purposes of this Article the following definitions shall apply: Auto salvage dealer shall mean any person who engages in the business of buying motor vehicles, motorcycles, motorized bicycles or parts thereof or tires for resale in whole or in part as junk or as used parts. Junk shall mean old or scrap cop- per, brass, wire, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, wrecked, or parts of motor vehicles, motorcycles, or motorized bicycles, or iron, steel, or other old or scrap ferrous or nonferrous material. Junk dealer shall mean every person or organization who purchases junk for the purpose of resale and who possesses a State of Iowa retail sales tax per- mit. Pawnbroker shall mean any person who makes loans or advancements upon pawn, pledge or deposit of per- sonal property, or who receives actual possession of personal property as secu- rity for a loan, with or without a mortgage or bill of sale, or otherwise holds themselves out as a pawnbroker. Secondhand dealer shall mean every person or organization who purchases used goods or materials, as set out in Section 22-4 herein, for the purpose of resale and who possesses a State of Iowa retail sales tax permit or who, while not required to possess a State of Iowa retail sales tax permit, adver- tises and purchases antique, used or scrap jewelry and precious metals. Sec. 22-2. Required records. a) When goods or materials described in Section 22-4 are received by purch~e, as security or on consign- ment, it shall be the duty of the person or organization receiving the goods or materials to permanently record in the English language the following infer- October 15, 1984 459 marion concerning the transaction: 1) Name and address of the person from whom received; 2) Date, time and place of the trans- action; 3) A detailed and accurate descrip- tion of each article received including serial numbers or identifying marks. In the case of junk, a general description of the composition of aggregate pur- chase is sufficient; 4) A record of whether the transac- tion was a purchase, a security or con- sigument transaction; 5) A record of monies paid or loaned and which may be maintained separa- tely but which must be available for inspection in the course of examination of individual transaction; 6) A record of name, address and how an article was disposed of, if not redeemed. This subsection does not apply to disposition of junk. b) All receipts and records pertain- ing to the receipt of goods and materi- als as described in this Article shall be open to inspection during regular busi- ness hours by any police officer acting in the course of official duty and under the direction of the chief of police or the chief investigating officer of the police department. c) Failure to keep such records, or making false entries therein, or refusal to produce the same when requested by the persons entitled to inspect the same, shall subject the offender to pen- alty as provided in Section 1-8 of this Code. d) Every licensee who shall receive any items enumerated in Section 22-4 shall within 24 hours after receipt or purchase report the same to the chief of police with all information required on forms provided by the police department~ Sec. 22-3. Purchases from minore restricted. No pawnbroker, secondhand dealer or junk dealer and no clerk, agent or employee thereof shall purchase or receive property from any person under the age of eighteen (18) years without first obtaining and receiving the written consent of the parent or guardian of such person. Such written consent shall be made a part of the required records and subject to all pro- visions of Section 22-2. Sec. 22-4. Purchases, security and consignment ~ransactlons. a) The purchase, receipt as security, or on consignment of the following listed goods or materials shall be governed by this Article: Household appliances; household fur- niture; glassware; jewelry; precious Special Session, October 15,1~ and semiprecious stones; silver/silver- ware; precious metals and coins; stereo equipment; radio equipment; television equipment; tools; junk; sporting goods; bicycles; untitled motor vehicles; elec- tronic equipment; motor vehicle parts and equipment; photographic/video parts and equipment; lawn and garden tools, equipment and furnisifings; rare books; works of art. b) Antique, used or scrap jewelry and precious metals shall be retained in the local place of business and it shall be unlawful to change the form of said items by melting, remounting, cutting up or otherwise changing the form of such items for a period of one hundred twenty (120) hours from the time of said transaction. c) The following listed items shall be exempt from the provisions of this Article: beverage containers and scrap paper. Sec. 22-5. Inspection for stolen property. Whenever any police officer shall have reason to believe that any license holder has in his possession or on his premises any stolen property, he shall have the right and duty to enter and inspect the licensed premises for the purpose of recovering stolen property. Sec. 22-6. Fencing requirements for junk and salvage operations. No junk shall be stored or antoine- bile salvage operation carried on within twenty (20) feet of any property line or one hundred (100) feet of any street line, within the city unless the premises upon which such junk is stored or automobile salvage work is performed is completely enclosed by a solid metal fence not less than eight (8) feet in height, and such fence shall be kept and be maintained in a good state of repair. ARTICLE Il. LICENSES Sec. 22-17. Required. No person shall engage in the busi- ness of junk dealer, auto salvage dealer, pawnbroker or secondhand dealer without first obtaining a license therefor. Applications for such licenses slmil be filed with the City Clerk and issued by the City Manager. Sec. 22-18. Business requiring a) An annual license shall be required for any person engaged in any of the following businesses: 1) junk dealers; 2) auto salvage dealers; 3) pawnbrokers; and 4) secondhand dealers. b) A license fee of $150.00 shall be collected if the license is issued dur- lng the first quarter of the year, ,112.50 if it is issued during the sec- ond quarter of the year, $75.00 if it is i~ued during the third quarter of the if it is issued during the last quarter of the year. c) The license shall serve as autho- rization for a particular person to engage in busine~ at a specific loca- Sec. 22-19. Suspension; revoca- a) The City Manager may, upon good cause, suspend or revoke any hcense issued under this Section for a period not to exceed one year for any of the following: 1) violations of any provision of this Chapter; 2) misrepresentation of any material fact in the application for a license; and 3) failure to cooperate with the police department. b) Any licensee whose license is revoked or suspended shall not during said suspension be allowed to hold any license under this Chapter. c) No new license shall be issued to the spouse, relative within the first degree of consanquinity as defined by the Iowa Code of business associate holding ten percent (10%) of the capi- tal stock or ownership of a person dur- ing the period the license has been suspended or revoked. d) During the period of revocation or suspension the premises covered by the license shall not be relicensed. e) The City Manager shall cause to be issued a notice that said hcense is suspended or revoked and therein set forth the reason(s) therefor. Said notice shall be sent by certified United States mail to the registered business address on file with the City Clerk. f) Appeal to the City Council from decision of the City Manager shafl be made by the licensee within ten (10) days from the date of suspension or revocation and shall be filed with the City Clerk. The applicant may present evidence to the City Council by way of public hearing as to why the license should not be suspended or revoked." . Section 2. That all Ordinances m conflict with this Ordinance be and are herehy repealed. passed, approved and adopted tiffs 15th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Spedal Session Herald newspaper this 19th day of October, 1984. Mary A. Davis City Clerk It 10/19 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kron- faldt. Carried by the fallowin~ vote: Yeas--Council Members Beurskens, Deich, Hammel, Kluesne~, Kronfaldt, Manning. Nays--Mayor Brady, Council Mem- ber Hammel. Communication of City Manager recommending approval of F & S Rediater to construct a ramp at 850 Jackson Street, presented and read. Council Member Hammel moved that the commuuication be received and filed. Seconded by Council Member Klueener. Carried by the f~ilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfaldt, Manning. Naye--None. ORDINANCE NO. 38-84 AN ORDINANCE AUTHORIZING F & S RADIATOR OF 850 JACKSON ST. TO CONSTRUCT A DRIVE-IN ENTRANCE RAMP, presented and read. Council Member Hammel moved that the reading just had be con- s~dered the first reading of the Or- dinanco. Seconded by Council Member IOuesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurckens, Deich, Hammel Kluesner, Kronfeldt, Manning. Naye--None. Council Member Hammel moved thai; the rule requ/ring 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- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 38-84 AN ORDINANCE AUTHORIZING F & S RADIATOR, 850 JACKSON DUBUQUE, IOWA TO CON- STRUCT A DRIVE IN ENTRANCE RAMP NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- October 15,1984 461 CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Helen J. Fined as owner of the premises known as F & S Radiator, 850 Jackson, Dubuque, Iowa, and legally described as City Lot SV~ Lot 400, City Lot 401, be and they are hereby grsnted the revocable permit and authority to construct and main- tain a drive in entrance ramp under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence, loca- tion, installation, construction or main- tonance of said entrance ramp; b) Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the loca- lion, installation, existence, construc- tion or maintenance of said entrance ramp sustained by any person or per- sons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, con- struction or maintenance of entrance ramp and to pay reasonable attorney fees therefore; and c) Indemnify and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connec- tion with the location, installation. construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is. expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked 462 Special Session, October 15, 1984 by the City Council, permittees, or of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to ramp and in the event of their failure so to do, the City of Dubuque shall be permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting ~rom the removal of said ramp. Section 5. That pennittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, loca- nance of said facility and said permittees hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, per- sonal injuries and/or property damage against the permittees arising out of or in any way connected with the loca- tion, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights here- under accrue to Helen J. Fincel (owner) F & S Radiator ,when this Ordinance has been adopted by the City Council and the terms and condi- tions thereof accepted by permittees by acceptance endorsed on this Ordi- Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this Ordinance in the office of the Recorder in and for Dubuque County, Iowa. passed, approved and adopted this 15th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 38-84 The undersigned having read and being familiar with the terms and con- dition~ of Ordinance No. 38-84 hereby, assigns, as owners of the abutting prop- erty, accept the same and agree to be bound by the conditions and agree- formed by permittees. Dated: 10-15-84 BY: Gary L. Osthoff Property Owner Published officially in the Telegraph Herald newspaper this 19th day of October, 1984. Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Klues- ncr. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing authorization to contribute $5000 from Cable TV Franchise revenue to the Cable Television Infor- mation Center for use in CTIC vs FCC litigation, presented and read. Council Member Kluesner moved that the communication be received and filed and contribution approved. 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. Communication of Planning and Zoning Commission approving sign structure and location at the Dubuque Dog Racing Facility on Chaplain Schmitt Memorial Island, presented and read. Council Member Hammel moved that the communication be received and filed and concur with the Planning and Zoning decision. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, ~Iluesner, Kronfeldt, Manning. Nays--None. Council Member Hammel conveyed concerns about the functions and operations of the Dock Board. Discus- sion followed. Council Member Hammel moved to direct the City Clerk to advertise for applicants who may be interested in ser yin4,~ on an "Ad Hoc!' Committee to research and review Chapter 9 1/2 of Special Session the Code of Ordinances pertaining to the existence, powers and duties of the Dock Board. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Cnancil Members Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--Mayor Brady, Council Mem- ber Kluesner. Clarke Coilege submitting petition requesting to transfer their Class "B" Permit to the Student Cafeteria on Oc- tober 27th, presented and read. Council Member Hammel moved that the transfer be approved. Second- ed 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. 347-84 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. LeRoy A. Miller Whitey's Bar-X 2616 Windsor Ave. Malo Oil Co. Big "10" Mart 9th and Central Ave. Passed, adopted and approved this 15th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel 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. 348-84 WHEREAS, Applications for Beer Permits have been submitted and filed October 15, 1984 463 to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT J & P O'HARA 855 Century Drive (Also Sunday Sales) CLASS "C" BEER PERMIT Transport Sales Co. 1075 Dodge St. (Also Sunday Salasl FDL FOODS, INC. 701 E. 16th St. Passed, adopted and approved this 15th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel 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, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 349-84 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; ~nd 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 464 Special Sess~o~ October 15, 1984 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 Nelda L. Doty 1091 Main St. {Also Sunday Soles) Willinm Murphy 139 Locust St. {Also Sunday Sales) James R. Bainbridge 1375 Locust St. {Sunday Sales Only) Passed, adopted and approved this 15th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clark Council Member Haramel 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. Printed Council Proceedings for the month of June, 1984, presented and read. Council Member Hammel moved that the proceedings be approved as printed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Cable TV Regulatory Commission of 9-12; Cable Community Teleprogramming Com- mission of 10-2; Cable Community Teleprogramming Access Committee of 9-19; Civil Service Commission of 9-6; Dock Board of 9-18; Historic Preservation Commission of 9-25 Park & Recreation Commission of 9-18 and 10-9; Plumbing Board of 9-25 Transit Board of 9-13, presented and read. Council Member Hammel moved that the minutes be received and filed, Seconded by Council Member Beu~ skons. Carried by the following vote: Yees--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krunfeldt, Manning. Nays--None. Transit Dept. Earnings Statement and Statistics for the month of August, 1984, presented and.read. Council Member Kfuesuar moved to receive and file the report. Seconded by Council Member Bonrskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dsich, Hammel, Kluesnar, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Dubuque Sovinge & Loans Assn. vs. City of Dubuque et al advising of tax levy, presented and read. Council Member Hammel 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 Beurskeoe, Daich, Hammel, Riueener, Krunfoldt, Manning. Nays--None. Communication of Corporation Counsel Lindahi recommending case of Sherry Mallaro be closed; Personal injury claim of Jill and Casie Noel be denied; Personal injury claim of Hazel Hart be closed; Property damage claim of Bernadette Martin be closed, presented and read. Counill Member Hammcl moved that the communications be received and filed and denials and closings be approved. Seconded by Council Mem- ber Beurskens. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Daich, Hammel, RiUesner, Kronfeldt, Manning. Nays--None. Communications of Corporation Counsel Lindahl recommending set- tlements of the following claims: Pfc- perry damage claim of. Raymond Sohickcl in the amount of $28.60; Sewer back-up claim of Richard and Janice Rapp in the amount of $540.; Special Sessio~ October 15, 1984 465 Sewer back-up claim of Greg and Jane Luchslnger in the amount of $850, presented and read. Council Member Hanuncl moved that the communications be received and filed and settlements approved with the Finance Director to issue the proper cheeks. Seconded by Council Member Bsurekens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Daich, Hammel, Kluesnar, Kronfoldt, Manning. Nays--None. REFUNDS REQUESTED: Doug Fink, $75 on unexpired Cigarette Licenses; James C, Fitzgerald, $50 on unexpired Cigarette Licenses, presented and read, Council Member Hammcl moved that the refunds be approved and the Finance Director to issue the proper checks. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Dsich, Hammel, Klueener, Krunfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims and Expenditures for the month of August, 1984 and the City's Annual Financial Report, presented and read. Council Member Hammsi moved that the proofs be received and filed. Seconded by Council Member Boar- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kloesner, Kronfeldt, Manning. Nays--Nooe. Petition of Mrs. Darranee La~e re- questing permission to construct a carport at 2000 Farragut St., presented and read. Council Member Hammel moved that the petition be referred to the Ci- ty Manager and the Staff for in- veetigution and report. Seconded by Council Member Beurskons. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Delch, Hammel, Riueener, Kronfeldt, Manning. Nays--None. Petition of Chuck Isenhart, on ~ehalf of the American Youth Soccer Organization, requesting permission to use portion of area near softball complex for their activity, presented and read. Council Member Hammel moved that the petition be received and filed. Seconded by Council Member Bout- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Chairperson of Cable Community Teleprogrammlng Commission advising of resignation of Donald Stribllng from said Corawla- sion, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of Gene F. Sullivan re- questing the right to negotiate the property adjacent to his property located at 120 West 4th Street, AND Communication of City Manager re- questing concurrence in an earlier response to Mr..Sullivan from Mr, Murray, presented and read. Council Member Hammel moved that the petition and communication be received and filed and concurred with the recommendation of the City Mgr. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mom- bors Beurskans, Deich, Hammel, Kluesuer, Kronfoldt, Manning. Nays--None. Communications of Chairpersons of Park & Recreation Commission and Four Mounds Task Force submitting their report for Council consideration on requesting a Work Session at Cowl- cil's convenience, presented and read. Council Member Kronfcldt moved that the communications be received and filed and that a Work Session be Spedal Session, October 15,1984 scheduled for 7:00 o'clock p.m. on November 7, 1984 at the Public Library Auditorium. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammal, Klueener, Kronfeldt, Manni~. Nays--None. Communication of City Manager submitting statement regarding uses of the Park and Recreation Complex area, presented and read. Council Member Hammal 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, Kronfoldt, Manning. Nays--None. Communication of Jerome A. Enzler, on behalf of Dubuque County Historical Society, requesting dona- tion of one historic double lamp street light for installation in front of the Woodward Riverboat Museum and that at least 11 double lamp lights be selected and saved for the park of Dubuque Harbor Project, presented and read. Council Member Hammel moved that tho communication be received and filed. Seconded by Council Member Beurskens. Carried by the ~ollowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Planning and Zoning Commission approving final plat of the Letna Properties located south of Asbery Road, presented and Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 3~0~4 Resolution Approving the Final Plat of the Subdivision of Lot 3 of the Nor- theast Quarter of the Northeast Quarter; the Southeast Quarter of the and Lot 1 of the Northeast Quarter of the Southeast Quarter all in Section 20, Township 89 North, Range 2 East of the Frith Prin- cipal Meridian in the City of Dubuque, Iowa. WHEREAS, there has been filed ~ Clerk a final plat of the Subdivision of Lot 3 of the Northeast Quarter of the Northeast Quarter; the Southeast Quarter of Northeast Quarter; and Lot i of tho Northeast Quarter of the Southeast Quarter, ali in Section 20, Township 89 North, Range 2 East of the 5th Principal Mcr- dian of the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zoning Commission and they find that the same conforms to the statutes and ordinances relating thereto; and WHEREAS, said final plat has been approved by the City plarming and Zoning Commission on the condition that Lot 1-3 of the NE 1/~4 of the NE 1/4, LOt 1 of the SE 1/4 of the NE 1/4, and Lot 1-1 of tho NE 1/4 of the SE 1/4, all in Section 20 Township 89 North, Range 2 East of the 5th 'Principal Meridian, in the City of Dubuque, Iowa be used for the NW Arterial Right-of-way and Lot 3 of the SE 1/4 of ~ NE 1/4 of Section 20 and Lot 2-1 of the NE l/4 of SE 1/4 of Section 20, Township 89 North, Range 2 East, of the 5th Principal Merdian in the City of Dubuque, Iowa be used for a water retention area; and WHEREAS, said plat has been ex- amined by the City Council and they £nd the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs in the conditions of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Special Session, October 15,1984 Section 1. That the ahove-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and are hereby authorized and directed to eh- doree the approval of.tho City of Dubu- que upon said pla~ provided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: a) That LOt 1-3 of the NE 1/4 of the NE 1/4, Lot i of the SE 1/4 of the NE 1/4 and Lot l-1 of the NE1/4 of the SE 1/4, all in Section 20, Township 89 North, Range 2 East of the 5th Prin- cipal Meridian in the City of Dubuque, Iowa be for the purpose of the NW Arterial Eight-of-Way; and b) Lot 3 of the SE 1/4 of the NE 1/4 and Lot 2-1 of the NE i/4 of the SE 1/4 both in Section 20, Township 89 North, Range 2 East of the 5th principal Met~ dian in the City of Dubuque, Iowa be for the purpose of a water retention Section 2. That in the event the owner falls to execute the Acceptance provided for in Section i h~rein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this 15th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Acceptance of Resolution NO. 350-84 We, the undersigned Letna Properties, a Wisconsin Limited Partnership, hav- ing read the terms and conditions of the foregoing Resolution No. 350-84 and being familiar with the condition thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa this 26th day of October, 1984. Letna Properties, a Wisconsin Limited Partnership By 467 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, Kconfeldt, Manning. Nays--None. There being no further business, Council Member Manning moved to adjourn. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved_ 1985 Adopted _1985 Mayor Council Members ATTEST: City Clerk Richard A. Pfohi, MD Managing Partner Council Member Hammel moved CITY COUNCIL OFFICIAL Special Session, September 29,1984. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. preaant--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klueenar, Kronfeidt, Manning, City Manager W. Kenneth Gearhart. Absent--Corporation Counsel william G. Bhim. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to CONSIDER IS- SUANCE OF CLASS "C" (COM- MERCIAL) BEER & LIQUOR LICENSE TO EAGLE POINT TAVERN, LTD. Special Session, October 29,1964 yeas--Mayor Brady, Council Mem- bers Beurekens, Deich, Hammel, Itlnaxaer, Kronfeldt, Manning. Nays--None. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Eronfoldt. Carried by the following vote: yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Khesner, Kronfeldt, Manning. Nays--None. Following adjournment, a Joint Work Session was held with the Plunn- ing & Zoning Commission to discuss and examine newly proposed Zoning Ordinance. Mary A. Davis City Clerk RESOLUTION NO. 3514M WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be o.e. cupisd by such applicants were m- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bends; 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- plicante a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eagle Point Tavern, Ltd. 2401 Windsor Ave. (Also Sunday Sales) Passed, adopted and approved this 15th day of October, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Bearskens. Carried by the following vote: Approved. __1985 Adopted - ~1985 Mayor Council Memhars ATTEST: City Clerk R~ular S~alon, November 5, 1964 CITY COUNCIL OFFICIAL ~ Session, November 5, 1984. Council Met at 6:00 o'dock p.n~, in the PubUc Library Auditorium. present--Council Members Banr- skans, Hammal, Krunfaldt, Manning, City Managec W. Kem~eth Gearhart, Assistant City Attorney Tim O'Brian. Absent at Roll Call--Council Members D~ch, Klueener. Absent--Mayor Brady. Mayor Pro-Tam Hammel read the call and stat~l that sorviea thereof had been duly made and this Meeting is THE REGULAR MONTHLY MEETING OF 'i'HE CITY COUNCIL called for the purpose to act upon such bualneae which may properly come before the Council. Invocation was given by Father Phillip Hamilton, Professor of Sociology at Lorso College. PROCLAMATIONS: Month of November as "Service Corps of Retired Executives Month" received by Walter Eschan and King Herr; November 10, 1984 as "Marine Corps League Dubuque De~achinant Day" received by Steve Graham. 6:30 p.m. Council Member Deich entered the Chambers. Council Member Banrskens moved to suspend the rules to let anyone pr~- sent address the Council. Seconded by Council Member Krnnfeidt. Carried by the following vote: Yeas--Mayor Prn-Tem Hammei Council Members Bsorshans, Deich, Iirunfeldt, Manning. Nays--None. Absunt--Mayor Brady, Council Member Klueener. Proof of publication, certified to by the Publisher, on Notice of Public H~ring on Intention to issue In- dustrial Dev~opment Revenue. Bonds for Dairy Lab Services, Inc., presented and read. There were no written objections received and no oral objectors present at the time of tho Hearing. Council Member Beurskans moved 469 that the proof of publication ha receiv- ed and ~ed. Seconded by Council Member Kronfeldt, Carried by the following vote: Yeas--Mayor Pro Tom Hammel, Council Member Beurskens, Deich, Kronfeldt, Manning. Nays--None. Absent--Mayor Brady, Council Member Klueener. RESOLUTION NO. 352~4 Resolution to Proceed with the Is- smmce and Sale of Industrial Develop- merit Revenue Bonds, Series 1984 ~Deiry Lab Services, Inc. Praise0 in an aggeegate principal amount not to ex- csod $240,000 WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer"), is an incur- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, ea amended (the "Act"), to issue revenue bends for the purpose of financing the cost of acquiring, by con- strnctiun or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- lng of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does muitistate business; and WHEREAS, the Issuer has been re- quested by Dairy Lab Services, Inc. {the "Company"), an Iowa corpora- tion, to issue its industrial develop- merit revenue bonds to finance the Company's acquisition by construc- tion or purchase of land, a 60 by 110 precast concrete and steel building, equipment and improvements suitable for use as a headquarters facility for the Company Itha "Project") to be located at 5105 Wolff Road within the Issuer, which win promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Develop-