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1983 July Council ProceedingsRegular Session, July 4, 1983 215 CITY COUNCIL OFFICIAL Regulal' Session, July 4, 1983. Council Met at 7:30 P.M., in the City Hall Council Chambers. No Members of the Council being present, meeting was adjourned sub- ject to chll. Mary A, Davis City Clerk Approved__ .1983 Adopted .1983 Mayor Council Members ATTEST: City Clerk 216 Regular Adjourned Session, July 5, 1983 CITY COUNCIL OFFICIAL Regular Adjourned Session, July 5, 1983. Council Met at 7:30 P.M., in the City Hall Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Assis- tant City Attorney Wm. G. Blum. Mayor Brady read the call and stated this Meeting is an Adjourned Session of the Regular Session of July 4, 1983, called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Father Thomas Vos of Holy Trinity Catholic Church. Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Hummel Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for con- struction of Liberty Ave. Sanitary Sewer, AND Certificate of City Clerk certifying notices were sent to hnown property owners for above project on June 17, 1983, presented and read. Council Member Beurskens moved that the proof and certificate be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hannne[, Klauer, Khiesner, Kronfeldt. Nays--None. Petition of Arvid G. Nelson objec- ting to above improvement, presented and read. Council Member Beurskens moved that the petition be received and fried. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady,Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Walter Henry of Sheridan Road questioned connecting sewer with Per~ Rd. as Sheridan Road residents should not have to pay for this project. James Lunge, 935 Liberty, and JoAnn Pickel, 924 Liberty, stressed the need of getting the sewer on Libor- ty Ave. Dorothy Olsen, 913 Liberty, ob- jected to the lay-out of the proposals, stating it should have been done more fairly. Keith Anglin, 919 Liberty, objected to water assessment of last year, now this sewer, and probably soon, a street Petition of Arvid G. Nelson objec- ting to above improvement, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady,Council Members Beurskens, Delch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Necessity For Improvement RESOLUTION NO. 128-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the Liberty Avenue Sanitary Sewer. BE IT THEREFORE RESOLVED that the City Council deems it ad- vlsable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tlons to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against Regular Adjourned Session, July 5, 1983 217 privately owned properly lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from General Obligation Bonds and the Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a con- tract has been performed and ac- cepted, and the proceeds thereof used to pay the contractor. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of June, 1983. Approved and placed on file for final action. Rhonda M. Kronfeldt Mayor Pro-Tern 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 5th day of July, 1983. James E Brady Mayor Certificate of Clerk It is hereby certified that at the time set for the final considecation of the above resolution no remonstrance had been filed with the Clerk signed by owners subject to seventy-five percent or more of the amount of the proposed Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. De~ision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 156-83 WHEREAS, proposed plans and specifications and form of contract for the Liberty Avenue Sanitary Sewer have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by the Code of Iowa pertaining to public contracts and bonds, and the time and place fix- ed for the hearing of ail objections to said plans, specifications or contract for or cost of such improvements, said time being this 5th day of July, 1983; and WHEREAS, the City Council met in adjourned regular session this 5th day of July, 1983, at 7:30 p.m. at the City Council Chambers for the purpose of hearing all interested parties and con- sidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED BY THE city council of the City of Dubuque, that all objec- tions which have been made and fried 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 objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 5th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. 218 Regular Adjourned Session, July 5, 1983 (Ordering Construction) RESOLUTION NO. 157-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a resolution of necessity No. 128-83 winch was duly passed by tins Council for the Liberty Avenue Sanitary Sewer be and the same are hereby ordered and con- structed by tins Council upon its own motion and with or without the peti- tion of property owners. All the work shall be constructed in accordance 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 making said improvement will be assessed par- tinily or totally against privately own- ed property lying within the assess- merit limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits con- ferred. The portion of the cost winch shah be borne by the City will be paid from General Obligation Bonds and the Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of defer- red payments of assessments when a contract has been performed and ac- eepted and the proceeds thereof used to pay the contractor. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the constructinn of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, winch notice shall not be less than four nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. on the 26th day of July, 1983. 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 at the City Council Chambers at 7:30 p.m. on the 1st day of August, 1983. BE IT FURTHER RESOLVED that tins 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, adopted and approved tins 5th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for con- struction of 1983 Asphalt Paving Prc- ject consisting of: Asbury Rd. from Univeralty Ave. to St. Ambrose St., Asbury Rd. from St. Ambrose St. to Clarke Dr., Asbury Rd. from Criasy Dr. to Carter Rd., Bradley St. from Randall St. to Henderson St., Chancy Rd. from Penn. Ave. to Hdlcrest Rd., Clarke Dr. from Asbury Rd. to W. Locust St., Dodge St. from Bluff St. to Grandview Ave., Grundview Ave. from Ungs St. to Kaufman Ave., 9th St. from Bluff St. to Hill St., Parking Lot at the northwest corner of Central Ave. & 12th St., Parking Lot at Eagle Point Park, Parking Lot at the southwest corner of Bluff St. & llth St., Parking Lot at Flora Park, Park- ing Lot between Central Ave. & Iowa St. from 9th to 10th Sts., Parking Lot on the north side of 9th St. between Bluff St. to University Ave., Penn. Ave. from JFK Rd. to Lenox Ave., Stewart St. from Delhi St. to Universi- ty Ave., Winne Ct. between Hlllcrest Rd. and the south side of the street AND Certificate of City Clerk certify- lng notices were sent to known proper- ty owners for above project on June 17, 1983, presented and read. Counc'd Member Beurskens moved that the proof of publication and cer- tificate be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petitions from Classia Hoyle, objec- ting to street improvement on Asbury Rd. from WPL of Carter Rd. to WPL Crissy; Petition of Albert Stokeeberry objecting to Stewart St. assessment; Petition of John A. Lyness et al (59 signers) objecting to rehabilitation work on Clarke Dr. from Asbury Rd. to W. Locust St, Petition of 60 proper- ty owners objecting to construction of street improvements on Asbury Rd. Regular Adjourned Session, July 5, 1983 219 from WPL of Carter Rd. to WPL of Crissy Dr., presented and read. Coun- c~l Member Beurskens moved that the petitions be received and filed. Second- ed by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Dcich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Petitions of Marcalia A. Schmaltz objecting to assessment costs for Clarke Dr. from Asbury Rd. to W. Locust; St. Anthony's Church objec- ting to resurfacing of Clarke Dr. bet- ween Asbury Rd. and West Locust St. Petition of Raphael J. Musicus objec- ting to assessment on Asbury Rd. from WPL Carter Rd. to WPL Crissy Dr.; Petition containing approx. 60 signers objecting to proposed assess- ment to Penn. Ave. from .JFK to Lenox, University of Dubuque objec- ting to assessments on Clarke Dr. from Ashnry Rd. to W. LOcust St., presented and read. Council Member Beurskens moved that the petitions be received and ~ed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfcidt. Nays--None. Asbury Rd. from University Ave. to St. Ambrose Bob Beecher, Gene Kopp, Rick Dryer, Don Lochner, Bill Ginter, Denise Schmit, Garland Lynch, Sharon Chapmen, Paul Fahey, Ken Cook, and Veca Terry, all property owners on Ashnry, objected to the pro- posed assessments. Council Member Beurskens moved to include Asbury Rd. from University Ave. to St. Ambrose St. in the 1983 Asphalt Paving Project. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klueener, Kronfeldt. Nays--Council Member Klauer. Asbury Rd. from Crissy Dr. to Carter Rd. Jim Gloor, Jeff Haas, Jim Arlen, Ambroee Herkes, Phil Powers, and Ann Krapfl, all property owners on Asbury, objected to the pressed assessments. Council Membe~ ilBeurskens moved to include Asbury~Rd. from Criasy Dr. to Carter Rd. in the 1983 Asphalt Pay- lng Project. Seconded by Council Member Kronfeldt. Vote on the mo- tlon was as follows: Yeas--Council Members Beurskens, Hammel, Kluesner, Kronfcidt. Nays--Mayor Brady, Council Member Deich. Abstain--Council Member Kiauer. MOTION FAILED. Bradley St. from Randall St. to Henderson St.: No objections -- written or oral. Council Member Kluesner moved to include Bradley St. from Randall St. to Henderson St. in 1983 Asphalt Paving Project. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Chancy Rd. from Penn. Ave. to Hillcrest Rd. No objections -- written or oral. Council Member Hammal moved to include Chaney Rd. from Penn. Ave. to Hincrest Rd. in 1983 Asphalt Paving Project. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Clarke Dr.: John Lynees, Father Levenhagen on behalf of St. Anthony's Catholic Church, Jerry Juergens, Vince Jestice, Richard Davis, Merwin Rupp, and Larry Pope, all property owners relative to Clarke Dr., objected to the proposed assessments. Council Member Beurskens moved that Clarke Dr. from Asbury Rd. to W. Locust St. be included in the 1983 Asphalt Paving Project. Seconded by Council Member Kronfeldt. Vote on the motion was as follows: Yeas--Council Members Beurskens, Kronfeldt. Nays--Mayor Brady, Council Members Deich. Hammel, Klauer, Kluesner. MOTION FAILED. Pennsylvania Ave. Randy Nigg, Attorney for some peti- tioners, Jim Fleckenstein, Vince Roi- lng, Pat Scinarmann, Richard Conzett, 220 Regular Adjourned Session, July 5, 1983 objected to proposed assessment(s). Council Member Beurskens moved to include Pennsylvania Ave. from JFK to Lenox Ave. in the 1983 Street Program. Seconded by Council Member Kronfeidt. Vote on the mo- Yeas--Cenneil Members Beurskens, Hammel, Kronfeidt. Nays--Mayor Brady, Council Members Deich, Klauer, Kluesner. MOTION FAILED. Stewart Street: Bob Hartig objected to proposed Council Member Hanunei moved to include Stewart St. from Delhi St. to University Ave. in the 1983 Street Program. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Mer~bers Beurskens, Deich, ~Iammel, Klauer, Kluesner, Kronfeldt. Nays--None. Necessity for Improvement RESOLUTION NO. 125-83 WHEREAS, proposed plans have been duly prepared and approved by the city Council of the city of Dubuque and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed agulnst each lot and the valuation of each lot as fixed by the City Council, for the 1983 Asphalt Paving Project. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final con- cjderation of this proposed resolutien have on ~a with the City Clerk objec- tions to the resolutlon of necessity, they shall ha deemed to have waived all obj,ectione pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the city Coun- cil and are now on file with the City Clerk, That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the city will be paid from the Road Use Tax Fund. the parking Construction Fund, and the Federal Revenue Sharing Fund, and special assessment bonds may be issued in an- ticipation of deferred payments of performed and accepted, and the pro- ceeds thereof used to pay the contrac- tot. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of June, 1983. Approved and placed on file for final action. Rhonda M. Kronfeidt Mayor Pro-Tern 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 5th day of July, 1983. James E. Brady Mayor Council Member Krunfeldt moved final adoption of the Resolution, as amended. Seconded by Council Member Benrskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammei, Khiesner, Kronfeldt. Nays--Council Member Klauer. RESOLUTION NO. 158-83 Resolution Amending Resolution No. 125-83. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 125-83, being the Resolution of Necessity for the City of Dubuque 1983 Asphalt Paving Project, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Asbury Road from W.P.L. of Carter Road to W.P.L. of Crlssy Dr. Clarke Drive from Asbury Road to Regular Adjourned Session, July 5, 1983 221 West Locust Street. Pennsylvania Avenue from J. F. Kennedy Read to Lenox Avenue. Passed, adopted and approved this 5th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Couneil Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- rlad by the following vote: MY/cas--Mayor Brady,Council embers Beurskene, Deich, Hannnel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 159-83 WHEREAS, proposed plans and specifications and form of contract for the 1983 Asphalt Paving Project have been approved by the City Council of the city of Dubuque and public notice given as provided by the Code of Iowa pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 5th day of July, 1983; and WHEREAS, the City Council met in regular adjourned session this 5th day of July, 1983, at 7:30 p.m. at the City Council Chambers for the purpose of hearing all interested parties and con- sidering any and all interested parties and considering any and ail objections which have been fried to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, an interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Dubuque, that all objectione which have been made and filed to the plans, specificatione, 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 an objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 5th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskene moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Delch, Hammei, Kluesner, Kronfeldt. Nays--Cenncjl Member Klauer. (Ordering Construction) RESOLUTION NO. 160-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a resolution of necessity No. 125-83 which was duly passed by this Council for the 1983 Asphalt Paving Project be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the peti- tion of property owners. All the work shall be constructed in accordance 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 making said improvement will be assessed par- tially or toteny against privately own- ed property lying within the assess- ment limits, and in an amount not to exceed that provided by law, and in propertien to the special benefits confer- red. The portion of the cost which shall be borne by the City will be paid from the Road Use Tax Fund, the Parking Construction Fund, and the Federal Revenue Sharing Fund, and special assessment bonds may be issued in an- ticipation of deferred payments of assessments when a contract has been performed and accepted and the pro- 222 Regular Adjourned Session, July 5, 1983 ceeds thereof used to pay the contrac- tor. 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 nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. on the 26th day of July, 1983. 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 at the City Council Chambers at 7:30 p.m. on the 1st day of August, 1983. 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, adopted and approved this 5th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Kluesner, Krunfeldt. Nays--Council Member Klauer. Council recessed at 9:30 p.m. Council reconvened at 9:40 p.m. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for con- structinn of Chaplain Schmitt Memorial Island Recreation -Underground Irrigation System, presented and read. No written objections were received and no ora] objections were presented. Council Member Hammel moved that the proof of publication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady,Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Krunieldt. Nays--None. (Necessity for Improvement) RESOLUTION 131-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- fice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- merit, and an estimate of the cost for the chaplain Schmitt Memorial Island Recreation Complex - Underground Ir- rigation System. BE IT THEREFORE RESOLVED that the City Council deems it ~d- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideratlon of this proposed resolution have filed objections with the city Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from Private Contributions. The above resolution was introduc- ed, approved and ~)rdered placed on file with the City Clerk this 6th day of June, 1983. Approved and placed on file for final action. Rhonda M. Kronfeldt Mayor Pro-Tern A~Iq~E ST: Mary A. Davis City Clerk Record of Final Adoption The foregoing resolution was finally passed and adopted, as proposed by the City Council this 5th day of July, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Regular Adjourned Session, July 5, 1983 223 Klauer, Kluesner, Dronfeldt. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 161-83 WHEREAS, proposed, plans and specifications and form of contract for the Chaplain Schmitt Memorial Island Recreation Complex - Underground Ir- rigatlon System have been approved by the City Council of the City of Dubuque and public notice given ae provided by the Code of Iowa pertain- lng to public contracts and bonds, and the time and place fixed for the hear- lng of ali objections to said plans, specifications or contract for or cost of such improvements, said time being this 5th day of July, 1983; and WHEREAS, the City Council mot in regular adjourned session this 5th day of July, 1983, at 7:30 p.m. at the City Council Chambers for the purpose of hearing all interested parties and con- sidering any and ali objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, ali interested parties have been given an opportunity to be heard and ali 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- tione which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon ali objections which have been filed to the plans, spedfications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 5th day of July,1983 James E. Brady Mayor Aq~EST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauor, Kluesnor, Kronfeldt. Nays--None. (Ordering Construction) RESOLUTION NO. 162-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 131~83 which was duly passed by this Council for the Chaplain Schmitt Memorial Island Recreation complex - Underground Irrigation System be and the same are hereby ordered and constructed by this Coun- cil upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance 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 improvement be paid from Private Contributions. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of inuuediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Passed, adopted and approved this 5th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hannnel, Klaner, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors of the receipt of proposals for con- struction of Chaplain Schmitt Memorial Island R~creation Complex- 224 Regular Adjourned Session, July 5, 1983 Underground Irrigation System, presented and read. Council Member Hammel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hanunel, Klaner, Kluesner, Kronfeldt. Nays--None. Communication of City Manager recommending to award Contract for above project to Nauman Nursery, Dubuque, Iowa, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Klaner. Carried by the follow- ing vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Awarding Contract) RESOLUTION NO. 163-83 WHEREAS, sealed proposals have been submitted by contractors for the Chaplain Schmitt Memorial Island Recreation Complex UndergroundIrrigation System No.1 pursuant to Resolution No. 162-83 and notice to bidders published in a newspaper published in said City on June 10, 1983, and WHEREAS, said sealed proposals were opened and read on June 28, 1983, and it has been determined that the bid of Nauman Nursery, Inc. of Dubuque, Iowa 52001 in the amount of $46,661.22 was the lowest bid for the furnishing of ali labor and materials and performing the work as provided for in the plans and specifications. NOW, THE/REFORE, BE IT RESOLVED/by the City Council of the City of Dubuque, Iowa: That the contract for the above-mentionad im- provement be awarded to Nauman Nursery, Inc. 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 contractors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 5th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Klnasner, Kronfeldt. Nays--None. Communication of City Manager submitting petitions of Dubuque pro- mrty owners, communication from the Historic Preservation commission, and an Ordinance for the proposed designation of a Lower Bluff St. ~tistorlc Preservation District and re- questing Ordinance be set for a Public Hearing, presented and read. Council Member Kranfeldt moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- hag vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. An ORDINANCE Providing that the Code of Ordinances of the City of Dubuque, Iowa be amended by enac- ting a new Section 6.4 of Chapter 19V~ to provide for the establishment of the Lower Bluff St, Historic Preservation District, pursuant to the requirements of Chapter 19V~ of the Code of Or- dinances, 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 Deich, Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klanar, Kluesner, Kronfeldt, Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to he presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded Regular Adjourned Session, July 5, 1983 225 by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskans, Deich, Hammel, Klauar, Kluesner, Kronfeldt. Nays--None. Council Member Kronfeldt moved that a Public Hearing be held on the Ordinance on September 6, 1983 at 7:30 p.m. in the City Hall Council Chambers and that the City Clerk be instructed to publish notice in the manner required by law. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re. questing Mayor be authorized to ex- ecute application for additional 25 units of Section 8 Moderate Rehabilitation Housing and 25 units of Section 8 Existing Housing, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beurskans. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kinasner, Kronfeidt. Nays--None. RESOLUTION NO. 164-83 Authorizing Mayor to Execute Ap- pllcation for Additional 25 Units of Section 8 Moderate Rehabilitation Housing and 25 Units of Section 8 Ex- loting Housing 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 Moderate Rehabilitation units and Section 8 Existing units; and WHEREAS, the City rental assistance waiting lists indicate a large demand for low income families needing 2 and 3 bedroom assistance in order to afford safe, sanitary and de- cent housing; and WHEREAS, the United States Department of Housing and Urban Development has published a Notice of Fund Availability inviting the City of Dubuque to fife applications for up to 25 Section 8 Moderate Rehabilita- tion and 25 Section 8 Existing units as soon as possible, but no later than July 11, 1983, and requests the City to in- dicate a preference for one or the other programs due to the limitation of available funds; and WHEREAS, the 1982 City of Dubu- que Housing Strategy recommends ex- pension of the Section 8 Moderate Rehabilitation Program in Dubuque because the Program is "especially well suited to alleviate problems of ob- saiescense and deferred maintenance in Dubuque's rental housing stock" and urges continued expao~ian of the Section 8 Existing Program as funds are made available because it provides necessary rental assistance to low in- come renters while helping to maintain the existing rental stock; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council ap- proves the submission of separate ap. plications for 25 additional units of Section 8 Moderate Rehabilitation Housing and Section 8 Exis ting Hous- lng. Section 2. That the City Council directs the Mayor to execute an ap- plication for 25 additional Section 8 Moderate Rehabilitation units. Section 3. That the City Council directs the mayor to execute an ap- plication for 25 additional Section 8 Existing units. Section 4. That the City of Dubuque Housing Commission is directed to provide a public notice of and conduct a public hearing r~garding this ap- plication at their next regular meeting and report the results to the City Coun- cil Section 5. That the City staff is directed to forward said application to the fZ.$. Department of Housing and Urban Development on or before July 11, 1983. Section 6. That the City Council hereby suggests to the Government 226 Regular Adjourned Session, July 5, 1983 that though the City needs ali the fun- ding applied for, that if an allocation of units must be made between programs, the City prefers funding under the Sec~ tion 8 Existing program because that program has the propensity to assist needy low income families faster than the Mod Rehab. Prograr~ Passed, adopted and approved this 5th day of July,1983 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 Members Beurskens, Deich, Hammel, Klauer, Klnasner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for release of funds for projects to be funded with Community Development "Jobs Bill" Grant funds, presented and read. Council Member Deich mov- ed that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady,Council Members Beurskens, Dsich, Hammel, Klauer, Klueeaer, Kronfeldt. Nays--None. RESOLUTION NO. 165-83 A Resolution Authorizing Submission of a Request for Release of Funds for Certain Community Development "Jobs Bill" Projects WHEREAS, the City of Dubuque, in conformance with the Environmen- tel Review Prccadures for the com- munity Development program, con- vened an ad hoc committee on July 14, 1976, and a review committee on June 15, 1983 winch completed an En- viromnantel Assessment of the follow- lng identified project to be funded in the Community Development "Jobs Bill" Grant: Miscellaneous Public Improvements including Street, Alley, Curb Repair and Replacement, Lighting, and Signage; and WHEREAS, pursuant to Resolution No. 246-76, adopted July 19, 1976, Public Notice of a "Finding of No Significant Effect on the Environ- ment" for the projects above was published July 7, 1976, in the Dubuque Telegraph Herald, and provided for a public comment period until 12:00 Noon, Monday, August 16, 1976, and notice of opportuulty to review for the projects was published on February 24, 1982, and June 22, 1983 in the Dubu- que Telegraph Herald and provided for a public comment period until 12:00 Noon, Friday, July 8, 1983. WHEREAS, the City of Dubuque convened an ad hoc committee on June 23, 1982, and a Review committee on June 15, 1983 winch completed an En- vironmental Assessment of the follow- lng projects to be funded in the Com- mudity Development Grant: Residential Rehabilitation Loan & Grant Program in Communi- ty Development Project Areas WHEREAS, pursuant to Resolution No. 240-76 adopted July 6, 1976, Public Notice of a "~'inding of No Significant Effect on the Environ- ment'' for the projects above was published July 7, 1976, in the Dubuque Telegraph Herald, and provided for a public comment period until 12:00 Noon, Friday, July 30, 1976, and notice of opportunity to review for the projects was published on February 24, 1982, and June 22, 1983 in the Dubuque Telegraph Herald and pre- vided for a public comment period un- til 12:00 Noon, Friday, July 8, 1983. WHEREAS, the City of Dubuque convened an ad hoc committee on June 15, 1982, and a Review Committee on June 15, 1983 winch completed an En- viromnental Assessment of the follow- lng project to be funded in the Com- munity Development Grant: Economic Development Activities WHEREAS, pursuant to Resolution No. 169-82, adopted June 21, 1982, Public Notice of a "Finding of No Significant Effect on the Environ- mant" for the project w~s published June 23, 1982, and June 22, 1983, in the Dubuque Telegraph Herald, a newspaper of general circulation and provided for a public comment period until 12:00 Noon, Friday, July 8, 1983; and WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program convened an ad hoc committee on March 4, 1976, and a review committee Regular Adjourned Session, July 5,1983 on June 15, 1983 and completed an En- vironmentel Assessment of the follow- ing proposal (project~ with Community Development "Jobs Bill" Grant funds and Removal of Arcintectural Barriers winch impede the mobility of the el- derly and handicapped WHEREAS, pursuant to Resolution No. 182-76 adopted May 24, 1976 Public Notice of a "Finding of No Significant Effect on the Environ- ment" for the proposal (project) was published May 24, 1976, and June 22, 1983 in the Dubuque Telegraph Herald, a newspaper of general circula- tion, and provided for a public com- merit period until 12:00 Noon, Friday, July 8, 1983; and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" for the projects was sent by regular mail to various federal state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive each a Public Notice; and, WHEREAS, any and all objections, if any, to such proposals have been du- ly considered; and WHEREAS, it is the intent of the City Council to authorize the submis- sion of a request in 7 days to the U.S. Department of Housing and Urban Development for the release of funds to carry out the above-identified pro- jects: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the environmental Review Record for each of the projects shall continue to remain on file in the Office of the City Clerk, where said records may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the ~.S. Depart- ment of Housing and Urban Develop- rnent a request for release of funds to undertake the said projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible Federal official under the National Environmental Protection 227 Ac$ insofar as the provisions of the said Act apply to the U.$. Department of Housing and Urban Development's responsibilities for review, decision- making, and action assumed and ried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the city of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision.making and actio~ Section 5. That the Mayor of the City of Dubuque be and his is hereby authorized and directed to execute a certification pertaining to the vironmentul review procedures. Section 6. That the city Clerk be and she is hereby authorized and directed to publish a public notice for a Request for release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part thereof Passed, adopted and approved tins 5th day of July, 1983 James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Public Notice Pursuant to the Environmental Review Procedures for the Community Development "Jobs Bill" Grant pro- ,,ram, the City of Dubuque intends to file a request for release of funds. 1. -- Miscellaneous Public Improve- ments including Street, Alley, and Curb Repair and replacement, Light- ing and Siguage, etc. 2. -- Residential Rehabilitation Loan and Grant Program in Community Development Project Areas. 3. -- Economic Development Ac- tivities. 4. -- Removal of Arcintectural Barriers, The City of Dubuque has made an Environmental Review R~cord for the projects, and had placed these records on file in the Office of the City Clerk in City Hall, 13th and Central Avenue, Dubuque. Iowa, where said records may be examined and copied between the hours of 8:00 a.m. and 5:00 p.m,, Monday through Friday until 5:00 p.m. on the 22nd day of July 1983. 228 The name of the applicant is tho City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor James E. Brady. The mailing address for both the applicant and the Chief Executive Officer is City Hall, 13th and Central Avenue, Dubuque, Iowa. 52001. The City of Dubuque will undertake the projects described above w/th Block Grant funds from the U.S. De- partment of Housing and Urban De- velopment (HUD), under Title I of the Housing and Community Develop- ment Act of 1974. The City of Du- buque is certifying to HUD that the City of Dubuque and James E. Brady, in his official capacity as Mayor, con- sent to accept the jurisdiction of Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision- making, and action; and that these reeponeibirities have been satisfied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the Block Grant funds and HUD will have satisfied its responsibilities under the National En- viromnental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the fo]lowing bases: (a) that the car- t(ricer(on was not in fact executed by the Chief Executive Officer or other of- ricer of applicant approved by HUD: or {b} that applicant's environmental review record for the project indicates omission of a required decision, fin- ding, or step applicable to the project in the environmental review process. Objections must be prepared and sub- mitred in accordance with the required procedure (24 CFR Part 58), and may be addressed to HUD at the Omaha Area Office, 210 So. 16th Street Omaha, Nebraska 68102. Objections to the release of funds on bases other than those stated above will not be considered by HUD. No objections received after the 22nd day of July, 1983 will be considered by HUD. Comments may be submitted to the City of Dubuque until 12:00 Noon, Wednesday, July 22, 1983, addressed to James E. Brady, Mayor of the City of Dubuque, City Ha]l, 13th and Cen- tral Avenue, Dubuque, Iowa 52001. Dated and published July 7, 1983. Mary A. Davis City Clerk Council Member Ds(ch moved adop- tion of the Resolution. Seconded by Regular Adjourned Session, July 5,1983 Council Member Kinuer. Carried by ~he following vote: Yeas--Mayor Brady,Council Members Beurskens, De(ch, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager submitting Ordinance covering the establishment and jurisdiction of the Dock commission and various regale- tions governing waterfront activities, AND Letter from Dock Commission objecting to proposed Ordinance, presented and read. Council Member Hannnel moved that the communication and letter be received and filed. Seconded by Coun- cll Member Beurskens. Carried by the following vote: Yeas--Council Members Beurekens, Hammel, Kinesner, Kronfeldt. Nays--Mayor Brady, Council Members De(ch, Klauer. ~ An ORDINANCE Amending the Code of Ordinance by enacting a new Chapter 9V~ comprised of Section 9V2-1 )f Article I, Sections 9Va-5 thru 9~-8 of Article II, Section 9~/2-12 of Article III and Sections 9¥~-15 thru 9¥2-32 of Article IV in lieu thereof establishing a Dock Bd. and delineating its member- ship, terms of office and its powers; establishing office of Dock Division Manager and providing regulations on boats and waterfront, presented and read. Council Member De(ch moved that this matter be tabled until the meeting of July 18th. Seconded by Council Member Klauer. Vote on the motion Yeas--Mayor Brady, Council Member De(ch, Klauer. Nays--Council Member Beurskens, Harnmel, Kfuesner, Kronfeldt. MOTION FAILED. 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--Council Members Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members De(ch, Klauer. Upon discussion, it was decided to defer discussion regarding Inland Molasses Co. BOARDS AND COMMISSIONS: Civic Center Commission -- 3 Two Regular Adjourned Session, July 5, 1983 229 Year terms to expire 6-30-85 (Terms of Henkels, Hammel, Bennett); Ap- plicants: Dave Bennett, Don Feldman, Marylynne Field, Robert Hammel, Francis Wm. Henkels, Edward McEvoy, Floyd G. Rundie, Helen Schaub. Vote on the appointment was as follows: Council Member Beurskens voted for Bennett, Hammsl and Henkels; Mayor Brady voted for Bennett, Ham- mai and Heakels; Council Member De(ch voted for Bennett, Hammel, and Henkels; Council Member Hammal voted for Bennett, Hammel and Henkels; Council Member Klauer voted for Rundle, Feldman, and Henkels; Council Member Kluesner voted for Bennett, Hammel, and Henkels; Council Member Kronfeldt voted for Bennett, Hanunel, and Field. Therefore, Dave Bennett, Robert Hammel and Francis Henkels all reel~ pointed to two year terms to expire 6-30-85. Historic Preservation Commission -- 3 - 3 Year Terms to Expire 6-30-86 (terms of Smemo & Wilkie & One Newly-Created for Jackson Pk. area); Applicants for Realtors: Marian Hickey-Bunting, Karen M. Smemo, Margaret M. Smith; Applicants for At Large &/or His. Society: Sara J. Lud- wig, Donald Osborne, Virginia J. Sand, John A. Schublin, Rev. Wm. E. Wilkie; Jackson Park: Donald Osborne and Ruth Brockman. Realtors: Vote on the appointment was as fo]lows: Council Member Beurakens voted for Smemo, Mayor Brady voted for Smemo, Council Member Deich voted for Smemo, Council Member Hammel voted for Smemo, Council Member Klauer voted for Smith, Council Member Kinesnar voted for Smemo, Council Member Kronfeldt voted for Smemo. Therefore, Karen Smemo reappointed for a three year term to the Historic Preservation Commission which w/il expire 6-30-86. At L4~ge/Historlcnl Sodsty: Vote on the appointment wes as follows: Council Members Beurakens voted for Osborne, Mayor Brady voted for Schub]ln, Council Member Dalch voted for Osborne, Council Member Hammel voted for Osborne, Council Member Klauer voted for W]lkie, Council Member Kluesner voted for Osborne, Council Member Kronfeldt voted for Osborne. Therefore, Donald Osborne appointed to the Historic Preservation Comm. {At Lg./His. Society) for a three year term which will expire 6-30-86. Jackson Park District -- Vote on the appointment was as follows: Council Member Beurskens voted for Brockman, Mayor Brady voted for Osborne, Council Member De(ch voted for Brockman, Council Member Ham- mel voted for Brockman, Council Member Klauer voted for Osborne, Council Member Kinesner voted for Brockman, Council Member Kronfeldt voted for Brockman. Therefore, Ruth Brocknmn appointed to the Historic Preservation Commission (Jackson Pk. area) for a tk~ee year term which will expire June 30, 1986. Human Rights Commission -- A Mayoral appointment with Council concurrence, One unexpired term which will expire 1-1-84 (term of M. Kessler); Applicants: Carol Arnold, Ar- thur Boardman, Karla Bralg, James Compton, Rev. Charles Lang, Dennis Luster, Fred Moser, Daniel Nicholson, Bill Norman, Rick Redalen, Edward Schuster, Mauriee Smith, Gene Straatmeyer. Mayor Brady racom- mended James Compton for the ap- pointment. Vote on the concurrence: Yeas--Mayor Brady, Council Members De(ch, Klaner, Kronfeldt. Nays--Council Member Beurskens, Hammel, Klusener. Therefore, James Compton ap- pointed to fill an unexpired term on the Human Rights Commission which will expire Jan. 1, 1984. Library Beard -- 3 Six Year terms to Expire 7-1-89 (Terms of Pease, Seitz & Terry). Applicants: Elizabeth Beall, Wm. B. Gould, Bernard Murphy, Virginia Sand, Richard Starr, Leland Stocker, James Ryan, Duane Mortensen. Mr. Stocker and Mr. Gould address- ed the Council. Vote on the appointment(s) was as follows: Council Member Beurskens voted for Mortensen, Gould, and Stocker; Mayor Brady voted for Gould, Starr and Ryan, Council Member De(ch voted for Gould, Stockar and Mortensen, Council Member Hannnel voted for Gould, Stocker and Mortensen, Council Member Klauer voted for Murphy, Starr, and Stacker, Council Member Kluesner voted for Gould, Starr and Mortensen, Council Member Kronfeldt voted for Gould, 230 Regular Adjourned Session, July 5, 1983 Stocker and Mortensen. Therefore, Wm. Gould, Leland Stocker and Duane Mortensen appointed to six year terms of the Library Bd. wtdch will expire 7-1-89. Mechanical Board. -- 1 Three Year Term to Expire 3-16-86 (Term of P. Darby). Applicant: Thomas D. Walsh. Council Member Kronfeldt moved that this position be specifically that of a Mechanical Engr. Seconded by Council Member Hammel. Vote on the tootled was as follows: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klaesner, Kron~eldt. Nays--None. Park and Recreation Commission -- 3 -3 Year Terms to expire 6-30-86 (terms of Buelow, Regun & Winoughby);1 Unexpired Term to Expire 6-30-84 (term of Kucera);1 Unexpired Term to Expire 6-30-85 (Term of F. Appel) Ap- plicants: Sue Bastian, Richard Bean Michael J. Buelow, Chad Cox, Tom Kerech, Max Kollach, Sue 'Simon Ralph J. Schetgen, David J. Willoughby. Vote on the three year terms was as follows: Council Member Beurskens voted for Buelow, Simon and Willoughby; Mayor Brady voted for Buelow and Simon and Willoughby; Council Member Deich voted for Buelow Willoughby, and Simon; Council Member Hammel voted for Buelow Simon and Willoughby; Council Member Klauer voted for Willoughby. Simon and Buelow; Council Member Kluesner voted for Buelow, Simon and Willoughby; Council Member Kronfeldt voted for Bastian, Simon and Kollach. Therefore, Michael Buelow, David Willoughby and Sue Simon appointed for a three year term on the Park & Rec. Comm., which will expire 6-30-86. Vote for the unexpired term which will expire 6-30-85: Council Member Beurskens voted for Bastian, Mayor Brady voted for Schatgen, Council Member Deich voted for Bastlan, Council Member Hanunel voted for Bean, Council Member Klauer voted for Schetgen; Council Member Kluesner voted for Bean, Council Member Kronfeldt voted for Bastlan. There being no majority vote, a second vote was taken as follows: Council Member Beurskens voted for Bastlan, Mayor Brady voted for Schetgun, Council Member Deich voted for Bastian, Council Member Hammel voted for Bean, Council Member Klauer voted for Schatgen, Council Member Kluesner voted for Bean, Council Member Kronfeldt voted for Bastian. Therefore, Richard Bean appointed to fill an unexpired term on the Park and Rec. Commission that will expire 6~30-85. Vote on the unexff~red term which win expire 6-30-84: Council Member Beurskens voted for Bastian, Mayor Brady voted for Schatgen, Council Member Deich voted for Bastlan, Council Member Hammel voted for Cox, Council Member Klauer voted for Schetgen, Council Member Kluesner voted for Bastian, Council Member Kronfeldt voted for Bastian. Therefore Sue Bas- tian appointed to the Park and Rec. Comm. to fill an unexpired term which will expire 6-30-84. TV Cable Regulatory Comm. -- 2 -Three year terms to expire 6-30-86 Iterms of Churchill & Willglngi Ap- plicants: Thomas Churchill, Jerome Ehiers, Douglas Hilby, William Ter- nent, Mark Winging. Vote on the appointments was as follows: Council Member Beurskens voted for Winging and Ternent, Mayor Brady voted for Churchill & Hilby, Council Memhar Daich voted for Chur- chill & Hilby, Council Member Ham- mel voted for Ternent & Winging, Council Member Klauer voted for Churchill & Ehlers, Council Member Kluesner voted for Ternent & Willg- lng, Council Member Kronfeldt voted for HiIby & Ternent. Council Members Klauer & Hammel gave their votes to Ternent - Mayor Brady and C. M. Deich on behalf of Hilby. Therefore Wm. Ternent appointed to the TV Cable Regulatory Commission for a three year term which will expire 6-30-86. Second appointment: Council Member Beurskens voted for Wing- lng, Mayor Brady voted for Hllby, Council Member Deich voted for Hilby, Council Member Hammel voted for winging, Council Member Klauer voted for Churchin, Council Member Kluesner voted for winging, Council Member Kronfeldt voted for Hilby. Therefore, Douglas Hflby appointed to the TV Cable Regulatory Conunisaion for a three year term which ~ expire 6-30-86. TV Cable Regulatory Commission: -- 3 - Three year terms to expire 6-30-86 (terms of Meek, Hoverman & Regular Adjourned Session, July 5, 1983 231 Lehnhardt), Applicants: Brian Blodgett, Sr. Carol Hoverman, Jim Meek, M. Lark Underwood. Vote on the appointments was as follows: Council Member Beurskens voted for Blodgett, Meek and Underwood; Mayor Brady voted for Blodgett, Hoverman, and Meek; Council Member Deich voted for Blodgett, Hoverman and Meek; Council Member Hammel voted for Blodgett, Meek and Underwood; Council Member Klauer voted for Blodgett, Meek and Under- wood; Council Member Kluesner voted for Blodgett, Meek and Hoverman Council Member Kronfeldt voted for Bhidgett, Meek and Underwood. Therefore, Brian Blodgett, Jim Meek and M. Lark Underwood appointed to the TV Cable Community Tele- progrannning Commission for a three year term which will expire 6-30-86, RESOLUTION NO. 166-83 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the renewing have 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. Glen Abernathy 900 Dodge St. John C. Andresen 555 J. F. Kennedy Gary and Linda Boffell 2501 Rbemberg Ave. John M. Fitzpatrick & William Dully 2550 Dodge St. Ted J. and Georgia A. Heinz 1278 Central Ave. Junnie's Lounge, Ltd. 2095 Kerper Blvd. Mary Leu Kamp 400 Central Ave. Mole Oil Co. 1875 J. F. Kennedy Rd. Richard F. O'Hara 70 South Locust St. University of Dubuque-Student Union 2050 University Ave. Loras College Beckman HaH 1450 Alta Vista St. Loras College Keane Hall 1450 Alta Vista St. Loras College Snack Bar 1450 Alta Vista St. Sunnycrest Manor 2375 Roosevelt St. Robert & Patrick Gross 1700 Central Ave. Angelina A. Bertolini 1298 Main St. Capital Tobacco Corp. 175 West 32nd St. Ronald J. Fens 1121 University Ave. William Hancock 2205 Carter Rd. Denny Slowey & Pete Oeth 1895 J. F. Kennedy Rd. Theisen's Stores 2900 Dodge St. United Auto Workers Local No.94 3450 Central Ave. Merlin Marett 3198 Central Ave. Flexsteel Industries 1856 Jackson St. F. D. L. Foods, Inc. 701 East 16th St. William C. Brown Publishing 2460 Kerper Blvd. A. Y. McDonald Co. Chavenelle Road Passed, adopted and approved this 5th day of Jaly, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Councll Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ded by the following vote: Yeas--Mayor Brady,Council Members Bearskens, Daich, Hammci, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 167-83 WHEREAS, Applications tot Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. 232 Regular Adjourned Session, July 5, 1983 CLASS "C" BEER PERMIT Hy-Vee Food Stores, Inc. 3333 Asbury Rd. (Also Sunday Sales) Dennis A. Althaus (Family Beer) 25 Ruby St. (Also Sunday Sales) Passed, adopted and approved this 5th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauor moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klaner, Klueaner, Kronfeldt. Nays--None. RESOLUTION NO. 168-83 WHEREAS, Applications for Li- quor Licenses have been submitted to tlds Council for approval and the same have been examined and approved; and WHEREAS, The premises to be Ge- 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- pllcants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE John M. Fitzpatrick and William F. Dully 2550 Dodge St. James J. Birkett 55 Locnet St. Tammy A. Edens, Pamela Knourek, & Tap, Inc. 342 Main St. Passed, adopted and approved this 5th day of July,1983 James E. Brady Mayor A~rEST: Mary A. Davis City Clerk Council Member Klauer moved ~doption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Printed Council Proceedings for month of March, 1983~ presented for approval. Council Member Klauer moved that the proceedings be approved as printed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady,Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Historic Preservation Comm. of 6-14, Housing Comm. of 6-21, Human Rights Comm. of 6-13, Mechanical Bd. of 6-7, Park and Recreation Corem of 5-17 and Zoning Bd. of Adjustment of 5-19, presented and read. Council Member Klauer moved that the minutes be received and fried. Seconded by Council Member Beur- skans. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kiuesner, Kronfeldt. Nays--None. Park and Recreation Commission Minutes of June 14, 1983 presented and read. Council Member Deich moved that the minutes be received and fried. Seconded by Council Member Klaner. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskans, Deich, Hammel, Klauer, Klueaner, Kronfeldt. Nays--None. Human Rights Commission submit- ting their Annual Report for FY 1982, presented and read. Council Member Klauer moved that the report be received and flied. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskans, Deich, Hammel, Klauer, Klueaner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Robert J. Regular Adjourned Session, July 5, 1983 233 Graham in unknown amt. for personal injuries; Vivian L. Herkes in unknown amt. for personal injuries; Pamela Hubert in est. amount of $28.02 for car damages; Jerry Mare in unknown amount for personal injuries; Pat Menadue by Mr. and Mrs. James Menadue in unknown amount for po~ sonal injuries; presented and read. Council Member Klauer moved that the claims be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Delch, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Counsel for KDUB-TV submitting petition for waiver of Federal Com- munications Commission's rules re- garding duplicative programming of KCRG-TV, Channel 9, Cedar Rapids, Iowa, presented and read. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Beu~ skens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Finding of No Significant Effect on the Environ- ment for certain Community Develop- ment projects, presented and read. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Banrskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Delch, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved 1983 Adopted __1983 Council Members ATTEST: City Clerk 234 Special Session, JulylS, 1983 CITY COUNCIL OFFICIAL Special Session, Juiy 18, 1983. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Dzich, Hummel, Klauer, Khiesner, Kronfeldt, City Manager W. Kenneth Gearhart, Assis- tant City Attorney Wm. G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a Public Hearing authorizing the issuance and sale of Industrial Development Revenue Bonds for Frommelt Partner- ship Project in an amount not to ex- ceed $3,000,000 and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Evon Fleeberg, Associate Pastor of St. Peter's Lutheran Church. Proclamation: Sept. 7th as "Peace Day" Council Member Klueener 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 Members Beurskens, Deich, Hummel, Klauer, Khieener, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Intention to issue In- dustrial Development Revenue Bonds (Frommelt Partnership Project), presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Coun- cil Member Beurskens moved that the proof of publication be received and fil- ed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hummel, Klauer, Kinesner, Kronfeldt. Nays--None. RESOLUTION NO. 169-83 "Resolution authorizing the issuance and sale of Industrial Development revenue Bonds (Frommelt P~rtnershlp Project~ in an aggregate principal amount of $3,000,000; and the execu- tion of a Lender Loan Agreement pro- riding the terms and sale of such bonds and a Loan Agreement with Frommelt Partnership providing for the repayment of the loan of the pro- ceeds of such bonds, and related mat- WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended {the "Act") to issue revonue 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 manufacturing, processing or assembl- 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 of a company that does multistate business; and WHEREAS, the Issuer has made the necessary arrangements with Frommelt Partnership (the "Com- pany'') for the acquisition by construe- tion or purchase of a building, equip- ment and improvements suitable for use as an approximately 163,000 square-foot facility to be leased to Frommelt Industries, Inc. {the "Lessee") for the manufacture of loading dock shelters, impact doors, safety equipment (fire resistant fabrications) and other heavy textile products and for use as the national headquarters of the Company and the Lessee at 4343 Chaveneile Drive in Dubuque, Iowa; and WHEREAS, it is necessary and ad- visable that provisions be made for the issuance of Industrial Development revenue Bonds, Series 1983 (Froramelt Partnership Project) of the Issuer in an aggregate principal amount of $3,000,000 (the "Bonds") as authoriz- ed and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bonds to the Company pursuant to the provisions of a Loan Agreement dated as of July 1, 1983 (the "Loan Agreement") between the Issuer and the Company the obilga- Special Session, July 18, 1983 235 tion of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Bonds will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of July 1, 1983 (the "Lender Loan Agreement") by and between th, Issuer and the First National Bank of Dubuque, Dubuque, Iowa, and American Trust & Savings Bank, Dubuque, Iowa (the "Lenders"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lenders under the Lender Loan Agreement; and WHEREAS, notice of intention to issue the Bonds has been published and this Council has conducted a public hearing pursuant to such published notice, ail as required by the Act and the Internal Revenue Code of 1954, as amended, and has hereby determined that it is necessary and ad- visable to proceed with the financing of the Project; and WHEREAS, the Issuer has arrang- ed for the sale of the Bonds to the Lenders; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section L Authorization of the Bonds. In order to firmnee the cost of the Projec~ the Bonds shall be and the same are hereby authorized, detormin- ed and ordered to be issued in an ag- gregate principal amount of $3,000,000. The Bonds shall be issued in fully registered form and transferable only in accordance with their respective provisions, numbered R-1 and R-2, and shall be dated as of the date of issuance and delivery thereof and shall be ex- eeutod, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth therein and in the Lender Loan Agreement and Loan Agreement. The Bonds and the interest thereon do not and shall never constitute an in- debtodness of or a charge against the general credit or taxing power of the Issuer, but are limited obligations of the Issuer payable solely from ~om the Loan Agreement and the Pro- ject and shall be secured by an assign- ment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement the Bonds and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 2. Lender Loan Agreement; Sale of the Bonds. In order to provide for the sale of the Bonds to the Lenders and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behaif of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Counei~ which is hereby ap- proved in all respects. The sale of the Bonds to the Lenders is hereby ap- proved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to execute and deliver the Bonds to the Lenders. Deposit by the Lenders to the credit of the Issuer of the purchase price, namely $3,000,000, in immediately available funds at the office of the American Trust & Savings Bank in Dubuque Iowa (the "Bank") shall constitute payment in full for the Bonds pursuant to Section 1.02 of the Lender Loan Agreemen~ The Bank shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Pro- 'eet Fund established by Section 1.03 of the Lender Loan Agreement to el- ~ect the making of the loan of the pro- ceeds of sale of the Bonds to the Com- pany pursuant to Section 1.02 of the Lender Loan Agreement. In addition, each Lender is authorized and designated the Registrar and Paying Agent of the respective Bonds as set out in Section 1.08 of the Lender Loan Agreement. Section 3. Repayment of Lean. The Loan Agreement requires the company in each year to pay amounts as loan payments sufficient to pay the prin- cipal of, redemption premium, if any, and interest on the Bonds when and as due and the payment of such amounts by the Company to the Lenders pu~ suant to the Loan Agreement is hereby authorized, approved and confirmed. Section 4. Loan Agreement. In order to provide for the loan of the proceeds of the Bonds to acquire and equip the Project and the payment by the Com- 236 pany of amounts sufficient to pay the principal of and premium, ff any, and interest on the Bonds, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby ap- proved in all respects. Section 5. Miscellaneous. The Mayor and the City Clerk are hereby authoriz- ed and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bonds and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolutio~ including the preamble hereto. In the absence or disability of the Mayor or City Clerk, the Mayor pro-Tern or Deputy City Clerk are authorized and directed to execute, test, seal and deliver all documents referred to herein and to do any and all things necessary to carry out the in- tent and purposes of this resolution in. eluding the preamble hereto. Section 6. Severabillty. The provi- sions of this resolution are hereby declared to be separable and i/any sec- tio~ phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections phrases and provisions. Section 7. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent o! such conflict. Section 8. Effective Date. This resolution shall become effective ira- mediately upon adoptio~ Passed, adopted and approved this 18th day of July,1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klener. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, IIammel, Klauer, Kluesner, Kronfeldt. Nays--None, Prcof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for con- struction of Peru Watermain from Ter- Special Session, July 18, 1983 race heights Mobile Home Park to Kennedy Court, presented and read. There were no written objections received. Tom Manternach, 2820 Nor- thridge, objected to project. Janaan Wolf, 654 Kennedy Ct., spoke in sup- port of the project. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of LeRoy W. Reeg and other homeowners on Kennedy Ct. re- questing City to extend Water Service (extension would be next to Peru Rd. Watermain project), presented and Council Member Deich moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 146-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the city of Dubu~ que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Peru Road Watermain. 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 shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which Special Session, July 18,1983 237 have been approved by the City Coun- cfi and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Water Depreciation Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 20th day of June, 1983. 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 18th day of July, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daicli moved final adoption of the Resolution. Seconded by Council Member Bsurskens. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt, Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 170-83 WHEREAS, proposed plans and specifications and form of contract for the Peru Road Watermain have been approved by the City Council of the Ci- ty of Dubuque and public notice given as provided by the Code of Iowa per- talnlng to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 18th day of July, 1983; and WHEREAS, the City Council met in special session this 18th day of July, 1983, at 7:30 p.m. at the Public Library Auditorium for the purpose of hearing all interested parties and con- aidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described end proposed to be mede; and WHEREAS, aH interested parties have been given an opportuaity to be heard and ali 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, he 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 objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 18th day of Jaly, 1983 James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Deich moved adop- tion of the Resuhitinn. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Councll Members Beurskens, Deich, Hammel, Klaner, Khiesner, Kronfaidt. Nays--None. (Ordering Construction) RESOLUTION NO. 171-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 146-83 which was duly passed by this Council for the Peru Read Watermain he and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of proper- ty owners. All the work shall he con- structed in accordance 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 238 Special Session, July 18, 1983 improvement be paid from the Water Depreciation Fund. 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, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Krunfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors of the receipt of proposals for con- structian of Peru Road Watermain presented and read. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskans, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager recommending to award contract for above to W. C. Stewart Construction presented and read. Council Member Delch moved that the communication be received and ill- ed. Seconded by Council Member Beurskens. Carried by the following voto~ Yeas--Mayor Brady,Council Members Beurskens, Daich, Hammel, Klaner, Kinesner, Kronfeldt. Nays--None. (Awarding Contract) RESOLUTION NO. 172-83 WHEREAS, sealed proposals have been submitted by contractors for the ~ c/the peru Rcad Waiermaln pursuant to Resolution No. 146-83 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of June, 1983. WHEREAS, sealed proposals were opened and read on the 12th day of Ju- ly, 1983 and it has been determined that the bid of W. C. Stewart Con- struction Co., Inc. of East Dubuque, Illinois in the amount of $54, 833.07 was the lowest bid for the furnishing of all labor and materials and perform- lng the work as provided for 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 W. C. Stewart Construction Co., Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 18th day of Jniy, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Klue~ner, Kronfeldt. Nays--None. Communication of Planning and Zoning Commission submitting Or- dinance regarding rezoning of 620-628 and 636 Loras Blvd. from' ID Institu- tional District to R-4 Multi-Family Residential District, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt, Carried by~ the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesnar, Kronfeldt. Special Session, July 18, 1983 239 Nays--None. An ORDINANCE Amending the Zoning Map by reclassifying property at 620-628 and 636 Lores Blvd. from ID Institutional District to R-4 Multi- Family Residential District, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfuldt. Carried by the following Yeas--Mayor Brady,Council Members Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfuldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurekans, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Buerskens moved that a Public Hearing be held on the Ordinance on August 15, 1983 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kronfeldt, Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager submitting documents providing for the Iowa St. Parking Ramp Joint Repairs and Boliard Replacements, presented and read. Council Member Beurskans moved that the communication be received and filed. Seconded by Council Member Krenfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, De/ch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. {Necessity for Improvement) RESOLUTION NO. 173-8~ WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- fice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- meat, and an estimate of the cost for the Iowa Street Parking Ramp - Joint Repairs and Boliard~ Replacements. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shah be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement w/il be paid from the Parking Depreciation Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 18th day of Ju- ly, 1983. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved approval of tho Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskons, Deich, Hammel, Klauer, Kluesner, Kranfeldt. Nays-None. (PrslimlUary Approval of Plans, Etc.) RESOLUTION NO. 174-83 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for the Iowa Street Parking Ramp - Joint Repairs and Bollard Replacements, with the estimated cost of the im- provement to be $32,911.65, are hereby approved and ordered filed in the Office of City Clerk for public in- spection. Passed, adopted and approved this 24O Special Session, July 18, 1983 18th day of July, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolutlon. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Fixing Date of Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO. 175-83 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- fice of the City Clerk for public inspec- tion for the Iowa Street Parking Ramp - Joint Repairs and Bollard Replacements, and WHEREAS, the proposed Resniu- 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 15th day of August, 1983, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jectinns with the City Clerk, they shall ha deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 9th day of August, 1983. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held in the Public Library Auditorium at 7:30 p.m. on the 15th day of August, 1983. Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution, Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager submitting documents providing for the 1983 Street Lighting and Traffic Signal Improvements, 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 Members Beurskena, Ueich, Hammei, Klauer, Klueenar, Kronfeidt. Nays--None. INeeessity for Improvement) RESOLUTION NO. 176-83 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 1983 Street Lighting and Traffic Signal Improvements. 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 Special Session, July 18, 1983 241 consideration of this proposed resolu- tion have ~ed 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 be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and ars now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the Road Uss Tax Fund and General Obligation Bonds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 18th day of Ju- ly, 1983. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammei moved ap- proval of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel Klauer, Klaesner, Kronfeidt. Nays--None. RESOLUTION NO. 177-83 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifics- tlons, etc. for the 1983 Street Lighting and Traffic Signal Improvements, with the estimated cost of the ira- provement to be $66,798.18, ars hereby approved and ordered fried in the office of the City Clerk for public inspection. Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the resolution. Seconded by Council Member Kluesnar. Carried by the following vote: Yeas--Mayor Brady,Council Members Beumkens, Deich, Hammei, Klauar, Klussner, Kronfeldt. Nays--None. (Fixing Date of Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO, 178-83 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- fice of the City Clerk for pubhe inspec- tion for the 1983 Street Lighting and Traffic Signal Improvements, 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 15th day of August, 1983, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shah be deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the constructlon of the improvements herein provided, to be published in a newspaper having general circniation in the City of Dubuque, Iowa, which notice shah not be less then four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 9th day of August, 1983. Bids shah be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meet{ng to be held in the Public Library Auditorium at 7:30 p.m. on the 15th day of August, 1983. Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor 242 Special Session, Julyl8, 1983 ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resohi~ion. Seconded by Council Member Kluesner. Carried by the foliowing vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeidt. Nays--None. Communication of City Manager submitting procedural documents for soliciting bids on a Computer Directed Information and Control System for the Dept. of Public Works, Water Divi- sion, presented and read. Council Member Banrskens moved that the communication be received and filed. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady,Council Members Banrskens, Deich, Hammel, Klauer, Kluesner, Kronfeidt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 179-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Computer Directed Information and Control system. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived ali objections thereto. Said improvement shall ha can- strutted and done in accordance with the plans and apeeifications 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 the water Construction Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 18th day of Ju- ~y, t983. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved approval of the Resolution. Seconded by Couneil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Nane. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 180-83 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for the COMPUTER DIRECTED IN- FORMATION AND CONTROL SYSTEM with estimated amount to be 5120,000, are hereby approved and ordered ~ed in th~e~Office of the City Clerk for public inspection. Passed, adopted and approved this 18th day of July, 1983 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 Members Beurskens, Deich, Hammei, Klauer, Kluesner, Kronfeidt. Nays--None. (Fixing Date of Hearing) RESOLUTION NO. 181-83 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- rico of the City Clerk for public inspec- tion of the Computer Directed Infor- matlon and Control System, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement Special Session, July 18, 1983 243 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 1st day of August, 1983, a public hearing will be held at 7:30 p.m. in the City Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general c~rculatinn in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of tho final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived all objec- tions thereto. Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammei, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Harold J. Helb- ing requesting alleviation of Noise pro- blem with Swiss Valley FarngHilldale Dairy, presented and read. Mr. Heibing requested Council help on tMs. Council Member Beurskans moved that the communication be received and filed and that the matter be refer- red to the City Manager and Legal Staff. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Banrskens, Deich, Hammei, Klaner, Kluesner, Kronfeldt. Nays--None. Communication of Mayor Brady recommending positive consideration of paying $3,000 of cost of Engineer- lng Study necessary in the reinstate- ment of the Amtrak Railroad Service between Dubuque and Chicago, presented and read. Council Member Beurskans moved that they authorize the City to expend up to $3,000 so as to assist with engineering study for the reinstate- ment of Amtrak between Dubuque and Chicago. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady,Council Members Beerskens, Deich, Klauer. Nays--Council Members Hammei, Khiesner, Kronfeldt. Communication of Third Ward Council Member Deich requesting discussion on the removal of the Eagle Point Entry Fees, presented and read. Ann Michalski, Wm. Dix, Mr. Otter- bach, Brenda Berual, Cathy Ford, Bud Isenhart, Debra Schuelier, Chris Fulimer, Lincoln Frye, Julie Gillen- water, Richard Richards, Lynn Marie Brown, Elaine Nichols, Jane Lindauer, and Shelly Breitbach voiced objection to Eagle Point vehicle entry fees. Klm Baken stated she was in favor of the fees. Council Member Deich moved that the communication be received and fil- ed and they rescind the vehicle entry fee at Eagle Point Park. Seconded by Council Member Klauer. Vote on the motion was as follows: Yeas--Council Members Deich, Klaner, Kluesner. Nays--Mayor Brady, Council Members Beurskens, Hammel, Kronfeidt. MOTION FAILED. Communication of City Manager submitting Park Fee Statistics, presented and read. Council Member Deich moved that the communication be received and fil- ed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammei, Klauer, Klueaner, Kronfeldt. Nays--None. Council Recessed at 10:02 P.M. Council Reeonvened at 10:15 P.M. Communication of J. Bruce Meriwether, Chairperson of the Dubu- que Economic Development Steering Committee pertaining to City financial condition, presented and read. 244 Special Session, July 18, 1983 Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Klauer. Bruce Meriwether spoke to the com- munication. Mayor Brady requested that he be a member of the steering committee. Mary Correll, of Miner Rd,, voiced a transportation concern. RESOLUTION NO. 182-83 A Resolution Approving an Agree- ment for Economic Development Sar. vices with the Dubuque Area Chamber of Commerce as Administrative Agent for an Economic Development Steer- ing Committee WHEREAS, the City Council of the City of Dubuque, Iowa desires to main- tain an economically viable communi- ty by encouraging private sector development which produces jobs for the unemployed and expands job op- portunities for persons of low and moderate income; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that a program of economic develop- ment research and the promotion of economic development opportunities through the provision of services to local business and industry and through the recruitment of new firms to the Dubuque labor market is a necessary element in a program of economic enhancement; and WHEREAS, the Dubuque Area Chamber of Commerce is the ad- ministratlve agent for an Economic Development Steering Committee composed of representatives of the County of Dubuque, the Dubuque Area Industrial Development Cor- poration, the United Labor particlpa- tion committee, the Chamber of Com- merce and the City of Dubuque; and WHEREAS, the City of Dubuque has budgeted and committed certain Community development Block Grant funds for the support of the objectives and activities noted above; and WHEREAS, the Dubuque Area Chamber of Commerce by virtue of its experience and other professional qualifications and acting on behalf of the Economic Development Steering Committee, has proposed to enter into an Agreement for the provision of economic development services hereto attached and marked Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement for Economic Development Services, hereto attached and marked Exhibit "A" is hereby approved and the Mayor is hereby authorized and directed to execute said Agreemen~ Section 2. That the City Manager be and he is hereby authorized to make such payments to the Dubuque Area Chamber of Commerce as are provided for in the aforesaid Agreement, in an amount not to exceed $3~000, from Community Development Block Grant funds as provided for in the FY'84 budget, according to the terms and conditions for payment set forth in said Agreement. Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Klauer. Council Member Deich moved that the Mayor be a member of the Steering Committee. Seconded by Council Member Kloner. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Hammel. Nays--Council Members Beurskens, Hammel, Kluesner, Kronfuldt. MOTION FAILED. Communication of City Manager submitting Ordinance providing for a further reduction in Garbage and Rub- bish Fees when the head of the household is 65 years of age or older, ~resented and read. Special Session, July 18, 1983 245 Council Member Beurskens moved that the communication be received and Iiled. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Krunfeldt. Nays--None. ORDINANCE NO. 35-83 AN ORDINANCE AMENDING CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 17-36 (al (2) PROVIDING FOR A REDUCTION IN GARBAGE AND RUBBISH FEES WHEN THE HEAD OF A HOUSEHOLD IS 65 YEARS OF AGE OR OLDER, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Harnmel, Klauer, Klueenor, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 35-83 AN ORDINANCE AMENDING THE ('ODE OF ORDINANCES OF THE IqTy OF DUBUQUE, IOWA BY IIEPEALING SECTION 17-36.(a)(2) THEREOF AND ENACTING A NEW SECTION 17-36.(a)(2) IN LIEU THEREOF PROVIDING FOR A BEDUCTION IN GARBAGE AND RUBBISH FEES WHEN THE HEAD OF A HOUSEHOLD IS SIXTY~FIVE YEARS OF AGE OR OLDER. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 17- 36.la)(2) thereof and enacting a new Section 17-36.(~l(2) in lieu thereof as lbllows: "Sec. 17-36. Charges - Amounts; Exceptions (a) (2) Class I premises when the head of a household is sixty-five (65) years or older and with a per family income of seven thousand, seven hundred eighty-five ($7,785.00) or less, may, upon application, be exempted from one-half tile established collection charge. Subsequent to initial applica- tion and el~bility, annual application must be rr, ade on July first of each year to verify annual income and eligi- Passed, approved and adopted this 18th day of July, 1983. ATTEST: James E. Brady Mary A. Davis Mayor City Clerk Published officially in the Telegraph Herald this 29th day of July, 1983. It 7/29 Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, K]auer, Kluesner, Kronfeldt. Nays--None. Communlcatlon of City Manager recommending final acceptance of Resurrection Church Sanitary Sewer project and submitting supporting documents, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the f~llowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Nays--Cnancil Member Kronfeldt. Final Estimate City of Dubuque, Iowa RESOLUTION NO. 184-83 WHEREAS, the contract for the RESURRECTION CHURCH SANITARY SEWER has been com- pleted and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plan, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE: that the cost of said improve- ment is hereby determined to be 246 Special Session, July 18, 1983 5162,112.45. That $140,697.00 of the cost thereof shall be assessable upon private property and $1~,415.45 shall be paid from the Sanitary Sewer Con- struction Fund of the City of Dubu- que, Iowa. Passed, adopted and approved this 18th day of Jniy, 1983 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 Members Beurskens, Deich, Hammel, Klauer, Klusener. Nays--Council Member Kronfeldt. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice) City of Dubuque, Iowa RESOLUTION NO. 183~3 WHEREAS, the contract for the RESURRECTION CHURCH SANITARY SEWER has been com- pleted and the City Manager has ex- amined the work and filed his cer- tlficato stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now thoro, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assess- ment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and be is hereby directed to pay to the contrac- tor from the funds to be realized from the sale of special assessment bonds issued upon the above described improvement in amount equal to the same of his contract. Passed, adopted and approved this 18th day of Jniy, 1983 James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Hammai moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Co~lncil Member Kronfeldt. RESOLUTION NO. 185-83 Resolution Adopting the Finni Assess- ment Schedule for the Resurrection Church Senitery Sewer, Including Certain Information Required by the Code of Iowa, Specifically, the Number of Annual Inctalhnents into which Assessments are Divided, the Interest on ali Unpaid Installments, the Time when the Assessments are Payable and Directing the Clerk to Certify the Final Schedule and to Publish Notice Thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: that after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed t° be made for the construction of the Resurrection Church Sanitary Sewer, under con- tract with Northwestern Develop- ment, Inc., of East Dubuque, Illinois, final plat and schedule was ~ed in the office of the City Clerk on the 13th day of July, 1983, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assess- ed and levied as a special tax against and upon each of the lots, the rcepec- tire sums indicated. Provided further, that the amounts shown hi said final Schedule of assessments as deficien- ales are found to be proper and are levied conditionally against the respec- tire properties benefitted by the tm- provements as shown in the schedule, subject to the provisions Of Section 384.63, Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and nQt in excess of twenty-five percent of the Special Session, July 18, 1983 247 value of same. Said assessments shah be payable at the Office of the County Treasurer of Dubuque County, Iowa, and the same may be paid there in full or in part and without interest within thirty days after the date of the first notice of the final assessment schedule. That unpaid assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear in- terest at the rate of twelve percent per annum from the date of the acceptance of the improvements; the first install- ment of each assessment, or total amount thereof if it is less than $50.00, with interest on the whole assessment from the date of acceptance of the work by the Council, shall become due and payable on July 1, 1984, suc- ceeding annual installments, with in- terest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September serM-annuai payment of ordinary texas. That the City Clerk be and is hereby directed to certify said final plat and schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Sectlan 362.3, the first publication of which shall be not more than fifteen days from the date nf filing of the final schedule. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed, adopted and approved thins 18th day of July, 1983 / 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 Members Beurskens, Deich, Hammel, Nays--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice to Bidders for the reconstruction of Peru Road at the abandoned Chicago & Northwestern R. R, Crossing, presented and read. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Delch. Carried by the follow- ing vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager recommending awarding of above to River City Paving Co., presented and read. Council Member Klaner moved that the communication be received and ffl- ed. Seconded by Council Member Delch, Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. (Awarding Contract) RESOLUTION NO. 186-83 WHEREAS, sealed proposals have been submitted by contractors for the Reconstruction of Peru Read at the abandoned Chicago Northwestern Railroad Crossing pursuant to Reeolu- tion No. 110-83 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 14th, 21st and 28th day of June, 1983. WHEREAS, said sealed proposals were opened and read on the 6th day of July, 1983 and it has been determined that the bid of River City Paving Co. of Dubuque, Iowa in the amount of $80,087.82 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contractor for the above-mentioned improvement be awarded to River City Paving Co., subject to the concurrence of the Federal Highway Administra- tion, and the Manager be and is hereby directed to executs a contract on behalf of the City of Dubuque for the cemplato 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 248 SpecialSession, July 18,1983 and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 18th day of July,1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kinesnar, Kronfeldt. Nays--None. Communication of City Manager submitting Ordinance in response to request from James P. Mulgrew, Mulgrew Off Co. for permission to con- struct a concrete dock within the r/w along Terminal St., presented and read. Council Member Beurekens moved that the communication be received and flied. Seconded by Council Member Klauer. Carried by the follow- hig vote: Yeas--Mayor Brady,Council Members Beurskena, Delch, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. ORDINANCE NO. 36-83 AN ORDINANCE AUTHORIZING MULGREW OIL CO. TO CON- STRUCT A CONCRETE LOADING DOCK AT THE MULGREW ICE PLANT, presented and read. Council Member Beurskens moved that the reading just had be con* sidered the first reading of the Or- dinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Council Members Beurekens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Nona. Abstain--Mayor Brady. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispeneed with. Seconded by Council Member Kinuer. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hsmmel, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Mayor Brady. ORDINANCE NO. 36-83 AN ORDINANCE AUTHORIZING The Mulgrew Oil Company TO CONSTRUCT a concrete loading dock NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That The Mulgrew Oil company as owners of the premises known as Mulgrew Ice Plant, Dubuque, Iowa, and legally described as Lot 1 & 2 of Blk. 17, Dubuque Hat- bor Company be and they are hereby grar~ted the revocable permit and authority to construct and maintain a concrete loading dock under the terms and covditions set forth in this Ordi- Secti~n 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 M~nager, and in accordance with all app!icable state and federal laws and reg~lations, and the Ordinances of the City of Dubuque. Section 5. That the permission herein granted is expressly conditioned on permittses' agreement to: a) A~sume any and all liability for damages to persons or property which may result from the existence, loea- tion, installation, construction or main- tsnance of said concrete loading dock; b) Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by mason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the loca- tion, installation, existence, construe- tion or maintenance of said concrete loading dock sustained by any person or persons, caused by accident or oth- erwise 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, eras- tence, construction or maintenance of concrete loading dock and topay rea- sonable 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 t~ property of third persons, or for damage to any property of the City of Dubuque which may occur ss a result of or in connec- tion with the location, installation, construction, maintenance and repair Special Session, July 18, 1983 249 of the facility, work or improvement permitted herein. Section 4. That the premission herein granted is expressly conditioned upon permlttees' further agreement that should the right and privilege herein granted be resc4nded or revoked by the City Council, permittees, or their succezzors hi interest, as owners -of the abutting property, shall within ten !10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said concrete loading dock and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said concrete loading dock at permlttees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said concrete loading dock. Section 8. That permlttees conven- ant and agree that the revocable per- mit herein granted does not constitute an approval of the design, erection, location, construction, repair or main- tonancc of said facility and said per- mittees 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~ sohal injuries and/or property damage against the permittees arising out of or in any way connected with the loea- tion, installation, construction, design, repair and maintenance of the facil- ity herein permitted. Section 6. This Ordinance shall become effective and the rights here- under accrue to Mulrew Oil Company when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permit- tees by acceptance endorsed on this Ordinance. 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 18th day of July, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 38-83 The undersigned having read and b~mg familiar with the terms and con- ditions of Ordinance No. 36-83 hereby, for themselves, their successors or assigns, as owners of the abutting prop- erty, accept the same and agree to be bound by the conditions and agree- ments therein contained to be per- formed by permittees. Dated: July 13, 1983 BY: Jame~ P. Mulgrew, Pre~dent Published officially in the Telegraph Herald newspaper this 22nd day of July, 1983. Mary A. Davis City Clerk it 7/22 Council Member Benrskens moved final adoption of the Ordinance. Seconded by Council Member Kianer. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Mayor Brady. Communication of City Manager submitting Resolution on preference of an alternate fo~ improvement of U.S. 20 - Dodge St. (From Bluff ex- tended to Concord), presented and read. Tim Carr, 1956 St. Joseph St. recom- mended Alternate L 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 Members Beurskens, Hammel, Kluesnar, Kronfeldt. Nays--Council Member Deich, Klauer. RESOLUTION NO. 187-83 Resolution Recommending Alternate I For Improvement of Dodge Street (U, S. 20) WHEREAS, the 1990 Transportation Plan identifies Dodge Street as a ma- jor corridor moving traffic from the East to the West of the Dubuque ur- ban area; WHEREAS, the Iowa Department of Transportation is currently design- lng improvements for the upgrading of U.S. 20 from the four-lane in Delaware County to the four-lane in the westerly edge of Dubuque; WHEREAS, construction of 61 relocated, with major improvements at the intersection of Dodge and Locust Street, is schedule for comple- tion within the next five years; WHEREAS, the sufficiency rating on Dodge Street now is in the range of 14~24 which is considered in a critical range when measured against any rating under 50 being considered in the critical category; 25O Special Session, July 18, 1983 WHEREAS, the accident rate on this section of Dodge Street is more than twice the State average, being 14.04 per mililon vehicle miles; WHEREAS, Alternate I gives evidence of reducing the accident rate by 35-40 percent o£ the present acci- dent rate; WHEREAS, Alternate I provides for a frontage road to faciiltate access to businesses on the north side of Dodge Street and also provides for a necessary grade separation and ira- proved grade at the intersection at Dodge and Grandview; WHEREAS, Alternate I appears to offer promise of enhancement of the aesthetic values of Dodge Street cor- rider; WHEREAS, Alternate I is pro~ jeered to provide the highest level of service for accommodation of high traffic volume; and NOW, THEREFORE, be it resolved by the City Council of the City of Dubuque Iowa: Section 1. That Alternate I be selected as the best alternative for pro~ riding a safe and efficient transporta- tion corridor and facilitating the large movement of traffic on the EasbWest corridor through the City of Dubuque, and to insure a safe and efficient transportation corridor, the City.Court. ell of Dubuque respectively urges the Iowa Department of Transportation to select Alternate I at grade separation at Dodge and Grandview. Section 2. That the Mayor be directed to execute this resolution in the name of Dubuque and forward a copy of it to the Iowa Department of Transportation as the official position of the City Council of the City of Duha- James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hanunel moved adoption of the Resolution as amend- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Hammel, Kluesner, Krenfeldt. Nays--Council Members Deich, Klauer. An ORDINANCE amending Code of Ordinances of the City by enacting new Sections of chapter 9~ in lieu thereof establishing a Dock Bd. and delineating its membership, terms of office and its powers; establishing the office of Dock Division Manager, and providing regulations governing boats and waterfronts, said Ordinance given first reading at meeting of July 5, 1983 presented for final adoption. Council Member Beurskens moved that the rule requiring an Ordinance to be read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Vote on the mo- tion was as foilows: Yeas--Council Members Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Member Delch. MOTION FAILED due to lack of a 8A vote as required. Council Member Klueener moved that the reading just had be con- sidered the second reading of the Or- dinance as amended. Seconded by Council Member Benrskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Hammel, Klauer, Kluesner, Krenfeldt. Nays--Council Member Daich. Communication of City Manager submitting a Resolution amending Resolution No. 114-83 to revise the submission deadline and certain other dates relevant to the disposition of a portion of Chaplain Schmitt Memorial Island, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Eronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Hammel, Klueener, Kronfeldt. Nays--Council Members Deicb, Klauer. RESOLUTION NO. 188-83 Resolution Amending Resolution No. 114-83 to Revise the Submission Deadline and Certain Other Dates Relevant to the Disposition of a Portion of Chaplain Sehmitt Memorial Island. Special Session, July 18, 1983 251 WHEREAS, the City Council by Resolution No. 114-83 approved the minimum requirements, competitive criteria, offering documents and pr~- cedurce for dispositon of a portion of Chaplain Schmitt Memorial Island and WHEREAS, it has been requested of the City Council to extend the deadline for submission of proposals to allow additional time for prepara- tion by potential developers; and WHEREAS, the City Council believes that it is in the public interest to extend said deadline. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 114-83 be amended as follows: a)By revising Section 6. thereof to provide that a meeting to clarify sub- mission procedures, to respond to developer questions and to provide assistance in the formulation of pro- posals shall be held at 10.~0 ~m. on August 30, 1983 in lieu of June 3, 1983. b)By revising Section 6. thereof to provide that any other inquiries must be made in writing to the City Manager prior to October 12, 1983 in lieu of July 6, 1983. e)By revising Section 8. thereof to provide that written proposals will be received at the Office of the City Clerk, City Hal~ 13th & Centm~ Dubuque, Iowa 52001, at or before 10:00 mm., Oc- toher 26, 1983 in lieu of July 20, 1983. d)By revising Section 10. thereof to provide that the proposals and the report of the City Manager will be presented to the City Council at Z.30 p.m., November 7, 1983 in lieu of August 1, 1983. Sectlan 2. That "Exhibit R-A " Info~ mation and Instructions for submit- ting Proposals for the Schmitt Island Commercial Recreation Offering be amended as follows: a)By revising ZB thereof to provide that all proposals must be received at the Offioe of the City Clerk, City Hal~ 13th & Central Avenue, Dubuque, Iowa 52001, no later than 10.~0 am. on Oetober 2~ 1983 in lieu of July 20, 1983. b)By r~vising ZG thereof to provide that a meeting to clarify submission proeadures, to respond to developer questions and to provide assistance in the formulation of proposals will be held at 10:09 ~n~, August 30, 1983 in lieu of June $, 1983. c)By revising ZH thereof to provide that any other inquiry must be made in writing to the City Manager, City Hal~ 13th & Centra~ Dubuque, Iowa 52001, prior to October 12, 1983 in lieu of July 6, 1983. Section 3. That in all other respects the provisions of Resolution No. 114-83 remain in full effect. Section 4. That the official notice of the preceding amendments to Resolu- tion No. 1144~ shall be a true copy of this Resolution Section 5. That the City Clerk be and is hereby authorized and directed to secur~ immediate publication of said official notice in the Telegraph Herald, a newspaper having a general eircula- tion in the community, by publication of the text of this resolution on or before the 25th day of July, 1983. Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bsurskens moved adoption of tbe Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Council Members Deicb, Klauer. Communication of City Manager submitting documents providing for the acceptance of the deed for the Burden Property and designating the area as a Public Park to be known as "Four Mounds", presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Deich. Cra'tied by the follow- ing vote: Yeas--Mayor Brady,Council Members Benrskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 18~83 Accepting Court Officer Deed WHEREAS, the City of Dubuque is 252 Special Session, July 18, 1983 the recipient of a gift from Elizabeth Adams Burden, deceased, of certain real estate known as "Four Mounds"; and WHEREAS, a Court Officer Deed conveying title to Four Mounds has been delivered to the City of Dubuque; and WHEREAS, the delivery of the Court Officer Deed should be accepted and recorded in the permanent records of Dubuque County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of a Court Officer Deed dated June 15, 1983, executed by Kenneth E. Wei~z and Mark J. Wlllging, Trust Officers, First National Bank of Dubuque, and William ]l~ McLeod and Viola Burden Lange, ExecuWrs of the estate of Elizabeth Adams Burden, deceased, conveying to the City of Dubuque, Iowa, the following described r~al estate, be and the same is hereby ac- eepter~ Lot I of Lot i of Lot 2 of Lot I of Lot 1, and Lot i of Lot i of Lot 2 of Lot 1, ~oth of the Subdivision of' "L~t 1 of Lot 7 of the SW~ of Section 1, the SW~ of the NW~ of Section i and Government Lot i (or Mineral Lot 331) of Section £ Township 89 North, Range 2 East of the 5th P.M. " Lot 2 of the NW~ of the NW~ of Section 1, Township 89 North, Range 2 East of the 5th P.M. all in the City o[Dubuque, Iowa, and Lot 16 of "John Deere Dubuqu~ Tra~ tot Works" in Dubuque Township, and Lot 2 of LOt I of Lot i of LOt 2 of LOt 2 of Section 2, both in Township 89 North, Range 2 East of th~ 5th P.M., cc- cording to the United States Govern- m~nt Survey and the recorded plats thereof, subject to easements of recora~ Section 2. That the City Clerk be and is hereby authorized and directed to cause said Court Officer Deed to be r~corded in the Office of the Dubuque County Recorder together with a ce~ tiffed copy of this Reeoiatio~ Section 3. That the City Clerk be and is hereby authorized and directed to forward a certified copy of this Eesolu- tion to the Dubuque City Assessor and the Dubuque County Recorder. Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfoldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by ;he following vo~e: Yeas--Mayor Brady,Council Members Beurskans, Deich, Hammel, Klauer, Klueaner, Kronfoldt. Nays--None. ORDINANCE NO. 37-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 27-91 THERETO, PROVIDING FOR THE DESIGNATION OF THE BURDEN PROPERTY AS "FOUR MOUNDS", )recanted 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 Deich. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskans, Deich, Hammel, Klauer, Klueaner, Kranfeldt. 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 Deich. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Klueener, Kronfeldt. Nays--None. ORDINANCE NO. 37-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 27-91 THERETO, PROVIDING FOR THE DESIGNATION OF THE BURDEN PROPERTY AS "FOUR MOUNDS" WHEREAS, the City of Dubuque, in accepting the Burden Property, agreed to dedicate the property as a public park to be officially known as Four Mounds. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- Special Session, July 18, 1983 253 nantes of the City of Dubuque, Iowa, be amended by enacting a new Sec- lion 27.91 thereto as follows: Sec. 27-91. Four Mounds The following described parcels of real estate shall be used for public park purpo~s and shall be hereinafter col- lectively known, called and named Four Mounds." Lot I of Lot I of Lot 2 of Lot 1 of Lot 1, and Lot 1 of Lot 1 of Lot 2 of Lot 1, both of the Subdivision of: "Lot I of Lot 7 of the SWV~ of Section 1, the SW~ of the NWXA of Section 1 and Government Lot 1 (or Mineral Lot :~;ll) of Section 1. Township 89 North, Ilange 2 East of the 5th P.M." Lot 2 of the NW'J of the NW~ of ~ection 1, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Iowa, Lot 16 of "John Deere Dubuque Tractor Works" in Dubuque Town- ship. and Lot 2 of Lot I of Lot 1 of Lot 2 ,f Lot 2 of Section 2. both in Town~ ship 89 North, Range 2 East of the 5th I'M.. according to the United States Government Survey and the recorded plats thereof, subject to easements of Fassed, approved and adopted this l~th day of July, 1983. ATTEST: James E. Brady, Mayor Mary A. Davis, City Clerk Fublished officially in the Telegraph Herald newspaper this 22nd day of July, 1983. Mary A. Davis 1! 7/22 City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskans, Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolutions providing for the Annexation of a portion of the Burden property, presented and read. Council Member Klauer moved that the communication be received and fll- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--Canncli Member Beurskens. RESOLUTION NO. 19/)-83 A Resolution Petitioning the Annexa- tion of Property to the City of Dubu- que, Iowa (Burden Property, Part). WHEREAS, the City of Dubuque, ~owa is the owner of approximately fir- teen acres of land which is legally described as follows: Lot 16 of John Deere Dubuque Trac- tor Works and Lot 2-1-1-2-2 of SE V4 of NE V~, all in Section 2, Township 89 North, Range 2 East of the 5th P.M. in Dubuque Township, Dubuque County, Iowa. WHEREAS, said territory is adjoin- lng but outside of the City of Dubuque and the City of Dubuque desires to in- corporate said territory within its city limits to enable it to secure the benefits of city government in the way of police and fire protection and other municipal services; and WHEREAS, Chapter 368 of the Code of Iowa provides that owners of land adjoining a city may apply in writing to the Council of the adjoining city requesting annexation of the ter- ritory and that said application must :ontain a map of the territory showing its location in relationship to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque as the owner of the hereinabove described property hereby petitions that said territory be annexed to the City of Dubuque, Iowe~ Section 2. That the territory which the City of Dubuque requests to be an- nexed is outlined in red on the attach- ed map marked Exhibit "A" and which map shows the location of the property in relationship to the existing city limits of the City of Dubuque, Iowa, all in accordance with Chapter 368 of the Code of low~ Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Klueener, Kronfeldt. Nays--Council Member Banrskens. 254 Special Session, July 18, 1983 RESOLUTION NO. 191-83 Resolution Annexing Certain Ter- ritory to the City of Dubuque, Iowa (Burden Property, pert). WHEREAS, the City of Dubuque, Iowa as owner of an area approximate- ly fifteen acres in size lying immediate- ly adjacent to the city limits of the Ci- ty of Dubuque, Iowa now voluntarily petitions for annexation of said ter- ritory to the City of Dubuque, Iowa; and WHEREAS, Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this character by the adoption of a Resolu- tion; and WHEREAS, the future growth and development of the City of Dubuque, Iowa make it desirable that said ter~ ritory be made part of the City of Dubuque, Iowa. NOW, THEREOFRE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following d~scribed real estate, to wit: Lot 16 of John Deers Dubuque Trac. tot Works and Lot 2.1-1-2-2 of SE ~ of NE ~, all in Section 2, Township 89 North, Range 2 East of the 5th P.M. in Dubuque Township, Dubuque County, The property to be annexed is shown on the attached map marked Exhibit "A" with the boundaries of said area being outlined in red~ Section 2. That the territory hereby annexed shall become a part of the Third Ward, First Precinct of the City of Dubuqu~ low~ Section 3. That the City Clerk be and she is hereby authorized and directed to transmit ~ certified copy of this Resolution to the State Department of Transportation, the County Recorder, the Seer~tary of State, and the City Development Board in accordance with provisions of chapter 368 of the Code of low~ Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Doich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hanunel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Beurskens. Communication of City Manager submitting Ordinance to change the terms of office for members of the Civic Center Commission to three (3) years, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the fullow- lng vote: Yeas--Mayor Brady,Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Beurskens. ORDINANCE NO. 38-8~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SUBSECTION (d) TO SECTION 10~/~-27 PRO- VIDING FOR THREE YEAR TERMS FOR MEMBERS OF THE CIVIC CENTER COMMISSION, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Counc'd Member Klaner. 'Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--Council Member B~urskens. Council Member Hammel moved that the rule requiring an Ordinance to ha presented and read at two meetings prior to the meethig when final action is taken, be dispensed with. Seconded by Counc'd Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--Council Member Beurskens. ORDINANCE NO. 38-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SUBSECTION (d) TO SECTION 10~-27 PROVID- Special Session, July 18,1983 255 lNG FOR THREE YEAR TERMS FOR MEMBERS OF THE CIVIC CENTER COMMISSION 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 Sub- section (d) to Section 10V~-27 as fol- lows: Sec. 10V2-27. Membership, Appoint- ment (d) On and after ~uly 18, 1983, the terms of members of the Commission shall be for three years. Terms of those members ori~nally scheduled to expire June 29, 1984 shall be extended to expire June 29, 1985, and terms of those members originally scheduled to expire June 29, 1985 shall be extended to expire June 29, 1986. Thereafter all terms shall be for three years." Passed, approved, and adopted this 18th day of July, 1983. James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of July, 1983. Mary A. Davis It 7/22 City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Beurskens. Communication of Park and Recrea- tion Commission advising of forming a "Four Mounds Task Force" and re- questing consideration for City Coun- cil representation, presented and read. Counc'd Member Hammel moved to receive and file and Mayor to advertise and state availability of openings for a Task Force, with applicants to submit names to the City Clerk. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the City Clerk be designated to receive and act upon bids for the sale of General Obligation Bonds to be received at 1:00 p.m., on Monday, August 1, 1983, subject to approval thereof by the City Council at its meeting at 7:30 p.m. that evening. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. BOARDS & COMMISSIONS Mechanical Bd- One Three Year Term which Expires 3-16-83 (Never Filled by P. Darby). Applicant: Thomas D. Waish. Council Member Klaner moved that Mr. Waish be appointed to the Mechanical Rd. Seconded by Council Members Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 192-83 BE IT RESOLVED, By the City Counc'd 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. Fitzgerald's Bar X Ltd. 2616 Windsor Ave. Newt Marine Boat Store East 3rd Street Passed, adopted and approved this 18th day of Jniy, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Bearskens. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 198-83 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and 256 Special Session, July 18, 1983 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 Dubuque Chamber o! Commerce End of Hawthorne St. CLASS "C" BEER PERMIT Randall's International, Inc. 2013 Central Ave. (Also Sunday Sales) Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady,Council Members Bearskens, Delch, Hamme], Klaner, Klueener, Kronfeldt. Nays--None. RESOLUTION NO. 194-83 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 Stats 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 Fitzgerald's Bar X, Ltd. 2616 Windsor Ave. (Also Sunday Sales) Curtis L. Gerhard 2186 Central Ave. Formosa Enterprises, Inc. 2600 Dodge St. (Also Sunday Sales) Passed, adopted and approved this 18th day of July, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the resolution. Seconded by Council Member Bearskans. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Bearskens, Dcich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Civil Set- vice Comm. of 6-16 & 6-22, Five Flags Comm. of 6-27, Planning and Zoning Comm. of 6-15, Board of Zoning Ad- justment of 6-9, 6-19, and 6-23, Park and Recreation Comm. of 7-12, presented and read. Council Member Klaner moved that the minutes be received and filed. Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hunnnel, Klauer, Klueener, Kronfeldt. Nays--None. Airport Commission Minutes of 7-1, presented and read. Council Member Kronfeldt moved that the minutes be received and filed. Seconded by Council Member Kluesanr. Carried by the following vote: Yeas--Mayor Brady,Council Members Bearskens, Deich, Hammel, Klaanr, Klueener, Kronfeldt. Nays--None. NOTICES OF CLAIMS AND SUITS: Telegraph Herald submitting Court Order regarding appointment of Community Development Director; Dale Bird, in amount of $43.39 for per- sonal belonging damages; Schueller Bros. in amount of $200 for property damages; Jack E~ & Winifred W. Mng- 8laon, in undetermined amount for personal injuries; presented and read: Council Member Klaanr moved that Special Session, July 18, 1983 the suits and claims be referred to the Legal Dept. for investigation and report. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Me~nbers Beurskens, Deich, Hammel, Klauer, Klaesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Evening Optimist Club of Dubuque on Class Perrmt m amount of $225; Charles J. Spielman, $225 on unexpired Class "B" Beer Permit, presented and read Council Member Klauer moved that the refunds be approved and Finance Director to issue proper check. Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Brady,Council Members Bearskens, Deich, Hanunel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Assistant City Attorney Blum recommending settle- ment of personal injury claim of Helen Justmann, in the amount of $975, presented and read. Council Member Klauer moved that the communication be received and fil- ed and settlement approved with Finance Director to issue proper check. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hannnel, Klauer, Klueener, Kronfeldt. Nays--None. Communication of City Assessor ad- vising of settlement of appeals to the District Court of various properties owned by Fischer Investment Co. et al, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady,Council Members Bearskens, Deich, Hammel, Klaanr, Khiesner, Kronfcidt. Nays--None. Petition of Ann Micbelski et al (55 signers) requesting to bring about the stringent enforcement of existing Or- dianncas regerding Jackson Park, presented and read. Ann Micbelski spoke to the petition. Council Member Kronfeldt moved 257 that this matter be referred to the City Manager for proper disposition. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady,Council Members Bearskens, Dcich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Gregory Bertsch and Eugene A. Neilson submitting various comments regarding proposed by-pass, presented and read. Council Member Klauer moved that the communication be received and ill- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Klueener, Kronfeldt. Nays--None. Communication of City Manager responding to request of Mr. Richard Albert, 3200 Central Ave., relative to vacation of alley north of the intersee- tion of 32nd and Central Ave., presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskans. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. Communication of Patricla Kuceca submitting resignation from Park and Rec. Commission, presented and read. Council Member Klauer moved that the conununication be received and iii- ed and resignation accepted with regret. Seconded by Council Member Bearskens. Carried by tho renewing Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning commission regarding the rezoning of Schmitt Island and transmittal of advanced review of draft of proposed Commercial Recrea- tion District, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following vote: 258 Special Session, July 18, 1983 Yeas--Mayor Brady,Council Members Beurskens, Deich, Hummel, Kiauer, Kluesner, Kronfeldt. Nays--None. Communication of Iowa DOT advis- ing of proposals to let a sidewalk repair project on Primary Rd. No. U.S. 52 on August 30th, property lying within the City of Dubuque and located at Grandview Ave., presented and read. Council Member Klauer moved that the communication be received and ill- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hummel, Kiauer, Kluesner, Kronfeldt. Nays--None. City Manager submitting June, 1983 Monthly Reports of Finance Director and City Treasurer, presented and reed. Council Member Klauer moved that the reports be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammci, Klauer, Kiuesner, Kronfeldt. Nays--None. Mr. Alfred Polseen, 3515 Crescent Ridge, objected to the dangerous overhanging trees & branches on the Center Grove Bridge. There being no further business, Council Member Hanunel moved to ad- journ. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Harnmel, Kiauer, Kiuesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved__ .1983 Adopted __1983 Mayor Council Members ATTEST: City Clerk Regular Session, August 1, 1983 259 CITY COUNCIL OFFICIAL Regular Session, August 1, 1983. Council Met at 7:30 p.m., in the Council Chambers at City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kiuesner, Kronfeidt, City Manager W. Kenneth Gearhart, Assis- tant City Attorney William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Rev. Larry McAlpine, Pastor of Center Grove & Rockdale Methodist Church. Proclamation: Week of Aug. 8-14 as "Dubuque County Fair Week", receiv- ed by Dan Kruse, of the Dubuque County Fair Assn., who introduced the 4-H King and Queen, Russ Roling and Kathy Hflby, Council Member Kiauer 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 Members Beurskens, Deich, Hummel, Kiauer, Kluesner, Kronfcidt. Nays--Nono. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Pendency of Resolution of Necessi- ty for Public Improvements for the Computer Directed Information and Control System for the Water Divi- sion, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfcidt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Kiauer, Kiuesner, Kronfeldt. Nays--None. 5Neceseity for Improvement) RESOLUTION NO. 179-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Computer Directed Information and Control System. 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- sidaration of this proposed resolution have filed objections with the City Clerk to the proposed plans, speeifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived ali objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cji and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the Water Construction Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 18th day of Ju- ly, 1983. Approved and placed on file for final APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Record of Final Adoption The foregoing resolution was finally passed and adopted, as proposed by the City Council tkis 1st day of August, 1983. James E. Brady Mayor ATTEST~ Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Resolution. Seconded by Council Member Kronfcidt. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kiauer, Kluesner, Kronfeldt. Nays--None.