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1983 August Counci ProceedingsRegular Session, August 1, 1983 259 258 _ Special Session, July 18, 1983 Yeas--Mayor Brady,Council Members Beurskens, Dalch, Hannnel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Iowa DOT advis- ing of proposals to let a sidewalk repair project on Primary Rd. No. U.S. 32 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 fil- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. City Manager submitting June, 1983 Monthly Reports of Finance Director and City Treasurer, presented and read. 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mr. Alfred Polsean, 3515 Crescent Ridge, objected to the dangerous overhanging trees & branches on the Center Grove Bridge. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved__1983 Adopted .1988 Council Members ATTEST: City Clerk 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, Dsich, Hammal, Klauer, Kluesner, Kronfeldt, 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 & Reckdale 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 Reling and Kathy Hilby. Council Member Klauer 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. 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 Bourskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dsich, Hammal, Klauer, Khiesner, Kronfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 179~3 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 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 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 action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Record of Final Adoption The foregoing resolution was finally passed and adopted, as proposed by the City Council this 1st day of August, 1983. James E. Brady Mayor ATTESTr. Mary A. Davis City Clerk Couec'd Member Beurskens moved final adoption ot the Resolution. Seconded by Council Member Kronfeidt. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammsi, Klauer, Kluesner, Kronfaldt. Nays--None. 260 Regular Session, August 1, 1983 Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 195-83 WHEREAS, proposed plans and specifications and form of contract for the Computer Directed Information and Control System have been approv- ed by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertain* lng to public contracts and bonds, and the time and place fixed for the hear- lng of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of August, 1983; and WHEREAS, the City Council met in regular session this 1st day of August, 1983, at 7:30 p.m. at the City Council Chambers for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifics- tions or contract for or cost of the ira- provement herein described and pro- posed to be made; and WHEREAS, ali interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Counc'd of the City of Dubuque, that all objec- tions which have been made and flied 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 flied to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 1st day of August, 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, Delch, Hammel, Klauer, Klaesner, Kronfeldt. Nays--None. {Ordering Construction) RESOLUTION NO. 196-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 179-83 which was duly passed by this Council for the Com- puter Directed Information and Con- trol System be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petitlan of proper- ty 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 he paid from the Water Construction Fund. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for prequalifica- tion proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shah not be less than four days nor more than twenty days prior to the receipt of said proposals at 5:00 p.m. the 16th day of August, 1983. Proposals shaII be open- ed and read by the City Clerk at said time and will he submitted to the Director of Utflitiec for determination of the qualification of bidders, no later than September 19, 1983. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for qualified bidders for the construction of the improvements herein provided, to he published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 4th day of October, 1983~ Proposals shall be opened and read by the City Clerk at said time and will be submitted to the Regular Session, August 1, 1983 261 Council for determination of qualified bidders no later than October 17, 1983 for final action at a meeting to be held at the Public Library Auditorium at 7:30 p.m. on the 17th day of October, 1983. BE IT FURTHER RESOLVED that this resolution being deemed ur- gent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 1st day of August, 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, Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Sale of $1,940,000 City of Dubuque General Obligation Bonds, presented and read. Council Member Khiesner moved that the proof of publication be receiv- ed and fried. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. August 1, 1983 The Honorable Mayor and City Council City Hall 13th and Central Dubuque, Iowa 52001 Gentlemen: Bids were received today covering $1,940,000 City of Dubuque, Iowa, General Obligation Bonds. There were 7 bids received which are listed at the bottom of this letter in accordance with the attached signed bids. Upon examination, it is our opinion that the bid of Continental Illinois NB&T and Associates is the best bid received, and it is further our opinion that it is favorable to the City and sl~ould be accepted. We therefore recommend that the bonds be awarded to that bidder at a net interest rate of 7.87367% and at the premium and in- terest coupons as specified in said bid. Account Managers: Continental Illinois National Bank and Trust Company of Chicago and Associates: Net Interest Rate 7.87367% First Interstate Bank of California Net Interest Rate 8.0866% The First National Bank of Chicago and Prudantial-Bache Securities, Inc. and LaSalle National Bank and Associates Net Interest Rate 8.21092% Harris Trust and Savings Bank and Norwest Bank Des Moines, N.A. and Associates Net Interest Rate 7.9274% E. F. Hutton & Company, Inc. Net Interest Rate 7.8797% The Northern Trust Company and Merrill Lynch White Weld Capital Markets Group and Dain Bosworth Incorporated and Associates Net Interest Rate 7.94232% Norwest Securities Net Interest Rate 7.995078% Respectfully submitted, Speer Financial, Inc. Richard A. Parvia President Council Member Kluesner moved that the communication from Speer Financial, Inc. be received and filed and made a matter of record. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 197-83 Resolution Directing Sale of $1,940,000 General Obligation Bonds WHEREAS, pursuant to notice as required by law, bids have been receiv- ed at public sale for the bonds describ- ed as follows and the best bid received is determined to be the following: $1,940,000 General Obligation Bonds: Continental Illinois National Bidder: Bank and Trust Company of Chicago, Illinois the terms of said bid being: Premium: $658.50 Interest Rates: 1984-87 8.00% - 1988 262 Regular Session, August 1, 1983 7.90% - 1989 7.70% - 1990 7.40% - 1991 7.70% - 1992 7.90% - 1993-94 8.00% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and~ said bonds are hereby awarded based on said bid. Section 2. That the statement of in- formation for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk ar~ authorized to ex- ecute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby mtified and approved. Passed, and approved ti,As 1st day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deloh, Hammel, Klauer, Kluesner, Kronfaldt. Nays--None. Petition of Sam Bechen, 1801 Em- bassy West, representing residents of Embassy West Subdivision, re- questing Council aid in completion of the final coating of asphalt to be ap- plied to Embassy West Drive and Court and Ambassador Court, presented and read. Mr. Bechen spoke to the petition. Council Member Kluesner moved that the petition be received and filed and referred to the City Manager. Seconded by Council Member Beur- skens. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kkiesner, Kronfeldt. Nays--None. Communication of City Manager re- questing Council authorization to pro- ceed with repair of the Fire dept. Snorkel Units for an amount not to ex- ceed $25,000, presented and read. Council Member Beurskens moved that the communication be received and filed and approved authorization. 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 Fourth Ward Council Member Kronfeldt requesting Council authorize staff to advertise for position of Corporation Counsel, with appointment in January of 1984, with an interium recommendation of a Joint Legal Counsel, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Memorandum of Assistant City At- torney Blum and City Sollcltor Lin- dahl submitting proposal for carrying out the responsibilities and duties of Legal Dept. until such time as Council fills vacancy of position of Corporation Counsel, presented and read. Council Member Kronfeldt moved that the communication be received and filed and concurred with the recommendations on an interim basis. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammal, Klauer, Kluesner, Kronfeldt. Nays--None. City Manager W. Kenneth Gearhart and public Works Director Murray gave a verbal report on implementing the recommendation of the "Parking Audit". Council Member Hammel moved that the Council accept the report. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammal, Klauer, Klueener, Kron~feldt. Nays--None. Preliminary report by City Manager on Soil Conditions on Chaplain Schmitt Memorial Island, presented and read, Council Member Klauer moved that Regular Session, August 1, 1983 263 the report be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfekit. Nays--None. Communication of City Manager recommending the filing of a $250,000 Loan Application to the Iowa Com- munity Development Loan Program to be used with other local and federal funds for the proposed relocation of the Jeld-Wen Fiber Products Co. and the redevelopment of a portion of the East 4th Street Peninsula Area presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 198-83 Authorizing the Filing of an Iowa Community Development Loan Pro- gram Application WHEREAS, the City of Dubuque is entitled to participate in the Iowa Community Development Loan Pro- gram as defined in Division VIII of Senate File 548, Acts of the 70th General Assembly; and WHEREAS, the City of Dubuque is interested in the continued develop- ment of the industrial and commercial base of the City; and WHEREAS, the City of Dubuque is eligible to apply for funding in the amount of $250,000; and WHEREAS, the City of Dubuque has available and will match funds pro- vided through the Iowa Community Development Loon Program with local NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the filing of an ap- plication for participation in the Iowa Community Development Loan Pro- gram is hereby approved, and the Mayor of the City of Dubuque is hereby authorized and directed to ex- behalf of the City of Dubuque. Section 2. That the City Manager is hereby authorized and directed to sub- mit, in the required number of copies, the executed application to State of lowa Office for Planning and Program- ming and other appropriate agencies together with such other documents evidencing the approval and authoriz- ing the execution and implementation of such application as may be required. Passed, approved and adopted this 1st day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hanunel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurekens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 39.83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING NEW SECTIONS TO CHAPTER 9~/~ IN LIEU THEREOF ESTABLISHING A DOCK BOARD AND DELINEATING ITS MEMBERSHIP, TERMS OF OF- FICE AND ITS POWERS: ESTABLISHING THE OFFICE OF DOCK DIVISION MGR. AND PRO- VIDING REGULATIONS ON BOATS AND WATERFRONT (AS AMENDED), SAID ORDINANCE HAVING BEEN presented and read at the Council Meetings of July 5, and July 18, 1983, presented for final adop- tion. ORDINANCE NO. 39-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING CHAPTER 9~ COM~ PRISED OF SECTIONS 9~-1 THROUGH 9~/2-16 OF ARTICLE I AND SECTIONS 9~/~1 THROUGH 9~A-33 OF ARTICLE II THEREOF AND BY ENACTING A NEW CHAPTER 9~/~ COMPRISED OF SECTION 9¥~-1 OF ARTICLE I, SECTIONS 9~-5 THROUGH 9~/~-9 264 Regular Session, August 1, 1983 OF ARTICLE II, SECTION 9'A-12 OF ARTICLE III AND SECTIONS 9V~- 15 THROUGH 9V~-32 OF ARTICLE IV IN LIEU THEREOF ESTAB- LISHING A DOCK BOARD AND DELINEATING ITS' MEMBER- SHIP, TERMS OF OFFICE AND ITS POWERS; ESTABLISHING THE OFFICE OF DOCK DIVISION MANAGER; AND PROVIDING REGULATIONS GOVERNING BOATS AND THE WATERFRONT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Chapter 9~ comprised of Sections 9~-1 through 9V2-16 of Article I and Sections 9V2-31 through 9~/2-33 of Article II thereof and by enacting a new Chapter 9V2 coin- prised of Section 9V~-1 of Article L Sections 9V2-5 through 9'/~-9 of Article II, Section 9~-12 of Article III and Sectin~s 9V~-15 through 9~-32 of Arti- cle IV in lieu thereof as follows: "CHAPTER 9'/~ WATERFRONT ACTIVITIES ARTICLE I. GENERAL PROVISIONS Sec. 9%-I. Intent. The City Council desires to optimize the use of waterfront property through careful management of land and the effective maintenance of water front- age and harbors to maintain and enhance the aesthetic characteristics of the waterfront. ARTICLE II. DUBUQUE DOCK BOARD Sec. 9%-5. Established. The City Council hereby establishes a beard to be known as the Dubuque Dock Board and which board shall exist and continue to exist at the plea- sure of the Council and shall serve without compensation. See. 9%-6. Purposes and Duties. (A) The Dock Board shall have the following purposes and duties: (1) To promote development of waterfront areas balancing industrial needs of the City with public demands ~od needs for commercial and water- front recreational areas and facilities. (2) To recommend to City Council pelicies and regulations governing use of municipal waterfront property described as that part of the streets and alleys and public grounds of the City which abuts upon or intersects its navigable waters lying between the harber line and the first interacting street measuring backward from the high water mark excluding therefrom state highways. (3) To recommend to City Council wharfage fee~, lend rentals and other charges for use of water frontage by busfueo~ interests. (4) To recommend to City Council a general plan for the orderly growth and development of waterfront prop- (5) To recommend to City Council for approval the disposition and/or acquisition by purchase, lease or oth- erwise, real property ~s may be nec- essary to fulfill the general plan for development of the waterfront. (6) To monitor the use of waterfront properties. (7) To advise the Dock Division Manager on all matters pertaining in municipally owned waterfront proper- ties and riverfront activities. (8) To advise the City Council on any matter relating to the riverfront. Sec. 9%-7. Membership; Terms; Offleers. (A) The Board shall consist of five (5) members appointed by the City Council. In its appointments the Council shall endeavor to achieve a broad representation of community ~ublic interests and shall give prefer- ence to applicants who are actively interested hi tiverfront development. None of the members of the Board shall at the time of their appointment or during their term of office, have an interest in or be employed by any common carrier. All members of the Board shall be at the time of their appointment and during their service on the Board, residents of the City of Dubuque. (B) The term of each member shall be for three (3) years and those mem- bern of the Board as of 8-1-83 shall continue to serve in that capacity until the expiration of their terms. (C) If a vacancy occurs before the expiration of a term, the appointments diall be for the unexpired portion of that term. If the Council fails to make an appointment upon the expiration of a term, the incumbent shall continue to serve until a succe~or appointment is made. (D) If any member fails to attend at least two-thirds (2/3) of the regularly scheduled Board meetings within a twelve (12) month period, the Board may request the Council to declare that member's seat vacant. Attendance of all members shall be entered upon (E) The members shall elect a Chairperson and a Vice Chairperson from among themselves at the Board's first meeting in December. Regular Session, August 1, 1983 265 Sec. 9%-8. Meetings; Procedures. (A) The members shall meet as needed to conduct the business of the Board but not less frequently than once each calendar quarter. A quorum of shree (3) members shall be required for members to conduct their business. All meetings of the Board shall con- form with applicable open meeting law requirements. (B) The Beard may adopt such rule to govern its internal affairs as it may deem nece~ary and which are not in conflict with this Article or other reso- hitinns, ordinances or policies of the City. (C) The Board shall file with the City Council a copy of the minutes of each regular and special meeting within ten (10) days after such meet- ing. (D) All administrative, personnel, accounting, budgetary and procure- ment policies of the City shall govern the Board in all ofite operations. See. 9%-9. Lease Negotiations The Chairperson of the Dock Com- mission, the Corporation Counsel, the Dock Manager and one member of the Dock Commlssinn as appointed by the Dock Commis~on shall serve as a body for the p~ of negotiating leases for property located within that area set forth in Section 9~/~-6(a)(2). All such leases shall be subject to the approval of the City Council. ARTICLE III. DOCK DIVISION MANAGER Sec. 9%-12. Office of Dock Division Manager. (A) The office of the Dock Division Manager is hereby created and who shall be appointed by and serve at the pleasure of the City Manager. The Dock Board may appoint one of its members to serve in an advisory c~pac- ity to the City Manager in the selec, tion of such manager. (B) The Dock Division Manager shall provide clerical and support set- vices under the general supervision of the Director of Public Works. ARTICLE IV. BOATS, BOATING, DOCKS Sec. 9%-15. Definitions. Boathouse is defined as any struc- ture, floating house or floating shed of whatever material used in its construc- tion, and which is used to enclose a boat or boats, for the purposes of housing said beat or beats. Pleasure Boat Harbor is defined as a harber used exclusively for the stet- age and mooring of pleasure craft. Conunercial Harbor is defined as a harbor used exclusively for move- ment, storage, loading and unloading of commercial products., Float is defined as a platform with- out a superstructure, anchored near a shoreline for use by boats. See. 9%-16. Unlawful Deposits. No material whatsoever of any kind including human waste shall be thrown, placed or otherwise deposited or caused to be thrown, placed or oth- erwise deposited in the water or upon the shores thereof of any waterfront or upon the shores thereof in such a posi- tion that such articles, substances or materials may be washed into the water. Sec. 9%-17. Boat Landing Areas. The Dock Division Manager shall lay off and designate boat landing areas along the municipally owned waterfront for such pleasure craft, commercial vessels and public landings and to mark all such public landinge with suitable signs delineating their boundaries. Sec. 9%-18. Mooring Permits. (A) No person shall moor or cause to be moored a vessel, float, boathouse, or Other watercraft, except at public landings, along the waterfront of the City without first obtaining a permit to do ~o. (B) Mooring permits shall be obtah~ed from the Dock Division Man- ager by making applications therefor on forms provided by the City and paying an annual permit fee therefor in accordance with the following sehed- TYPE ANNUAL FEE Commercial $4.00 per lineal foot Pleasure Craft $2.00 per lineal foot (C) Applicants for a permit required to be obtained under this Division shah file with the Dock Division Man- ager o~ application showing: (1) the name, address and telephone number of the applicant; (2) the name, address and telephone number of the owner; and ~ (3) a brief description of the item to be moored including its length. See. 9%-19, Expiration; Renewal. The permit reqnired by this Division shall expire on the 30th day of Decem- ber following the hsuance thereof. The original fee and the renewal for such permit shall be due January 1 of each year for the issuing year and shall be delinquent ff unpaid by the 10th day of January of each year. A penalty fee of $10.00 shall be added to ali delinquent fees. Fees shall not be prorated. See. 9%-20, Removnl of Boats With- out Permits. Any beat, float, ve~el, boathouse or other watercraft for which a permit 266 Regular Session, August 1, 1983 has not been issued by July 1 of any year shall be deemed abandoned and towed away, impounded by the City, and such items shall not be returned to the owner thereof without the owner first paying a fee of $100.00 in addition to the cost of towing and stet- age of such item. If such items is not claimed within twenty (20) days frown the date of towing, and after written notice by certified mail to the address of the owner as shown on the applica- tion, tbe owner fails or refuses to claim tbe same, the item shall be considered abandoned and disposed of according to law. Sec. 9%-21. Mooring of Boathouses After March 26, 1973, Restricted. (A) On mad after March 26, 1973, no new boathouses should be moored along the waterfront of the City nor shall any such boathouses be relocated to the waterfront. (B) Boathouses now located along the waterfront of the City shall be per- mitred to remain, but only such gen- eral maintenance and repair shall be permitted thereto as will keep the boathouses in the condition as set forth in Sec. 9 l/z-8. (C) Transfer of ownership of boat- houses then owned and located along the waterfront is prohibited. All owners of boathouses shall be required to either demolish the same or recon- struct the same, so that no longer shall boathouses be permitted but said occu- pancy shah be 5mited to open floats. Sec. 9%-22. Floats, Boathouses to be Maintained in Orderly Condi- tion. All floats and boathouses moored along the waterfront of the City shall be maintained in a neat and orderly condition, properly painted and securely moored. Sec. 9%-23. Conm~ercial Activities. No commercial excursion operator shah use any City-owned water front- age without first securing a permit from the City. A written application for such permit together with a fee of $25.00 shall be filed with the Dock Division Manager. A separate applica- tion and permit shall be made for each landing. Sec. 9%-24. Conducting Trade or BUsiness in Pleasure Craft Spaces Prohibited. No person shah conduct any trade or business in any pleasure craft space without first obtaining written permis- sion to do so from the City. Sec. 9%-25. Launching, Removing Boat from Water at Public Launch- bsg Ramps (A) Passengers shall be prohibited from occupying a motor vehicle being used to launch a boat at any of the public ramps. (B) No passengers shall occupy a boat during the launching thereof or in the removal of the boat from the water and the pulling of the boat up the ramp. Sec. 9%-26. Repairs to Boats at Public Launching Ramps Repair work to boats and motors shall not be conducted while boats are tied to any public launching ramp except in those emergency situations where reasonable likelihood of injury to property or persons exists or would exist ff the repairs were not made. Sec. 9%-27. Water Operation Rules. All watercraft operating in waters under the jurisdiction of the City shall conform to the following rules: (A) Every operator of a motorboat or watercraft shall at all times navl- gate such craft in a careful and pru- dent manner and at such a rate of speed as not to endanger the lives or property of others. (B) Owners, operators or persons in command or control of any powerboat shall operate the powerboat or permit it to be operated at no wake speed in any of the following areas: (1) within 100 feet of any person in the water; (2) within 200 feet of any quay or landing float to which boats are made fast, or which is used for embarking or discharging passengers; and (3) in the Ice Harbor and Dove Har- bor. (C) No person shall anchor a boat for fishing or other purposes on any body of water under the jurisdiction of the City in such a position as to obstruct access to public landings. (D) Operators of boats and all types of watercraft, when mooring the craft, shall exercise reasonable precautions to make sure that the vessel or craft will not go adrift, and that the action of the water will not cause it to injure or endanger the property of others. (E) No watercraft shall be operated without a suitable and effective muf- fling device which limits the total mul- tiple noise to not more than 80 decibels at a distance of 50 feet or greater dis- tance as measured by the "A" weight- ing network as defined by Sec. 26-139 of this Code. (F) No person shall operate any ves- ~ scl while intoxicated or under the influence of any narcotic drug, bathitu- rate or marijuana. Sec. 9%-28. Removal of Sunken, Derelict or Abandoned Craft The City may direct the removal Regular Session, August 1, 1983 267 and destruction of any sunken, dere- lict or abandoned craft, float or boat- house when, after investigation, it is determined that the same constitutes a nuisance. The owner of any such craft float or boathouse shall remove the same when directed to do so by the City. Sec. 9%-29. No Parking Areas. The City Manager is hereby author- ized and empowered to establish "no parking areas" on riverfront property areas and, when any such areas shall be established by ordinance, and signs have been posted giving notice, it shall tberefore be unlawful for the owner or operator of any motor vehicle or boat trailer to park the same in such areas. Sec. 9%-30. Activities Prohibited. (A) Swimming. ice skating, water skiing and surl'~oa~ling are prohibited in or on the follawing areas: (1) Dubuque Marina Harbor (2) Bissell Harbor (3) Schmltt Harbor (4) Dove Harbor, Seventh Street area (5) Ice Harbor (B) Swimming or ice skating is pro- bibitod within 500 feet of the Schmitt Harbor boat ramp and the Hawthorne Stxeet boat ramp. Sec. 9%-31. Driving Over Ice, No snowmobile or motor vehicle of any kind shall operate on the ice sur- face of any waterway. Sec. 9%-32. Fishing Shelters. (A) A permit for which no charge or fcc will be made must be secured from the Dock Division Manager for the erection of aH buildings or struc- tures used as fishing shelters and must be in a location and of a type and made from materials approved by the Dock Division Manager. (B) All such buildings or structures and materials used in their construe- tion must be removed on or before April 1 of each year. (C) Information containing the nmne, address and telephone number of the owner must be placed on the door of the shelter in a legible and durable manner. (D) No such structures may be locked when in use.'~ PASSED, APPROVED AND ADOPTED this 1st day of August, ATTEST: MARY A. DAVIS, CITY CLERK JAMES E. BRADY, MAYOR Published officially in the Telegraph Herald newspaper this 8th day of August, 1983. Mary A. Davis City Clerk It 8/8 Council Member Beurskins moved final adoption of the Ordinance. Seconded by Council Member Ham- mci. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khieener, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors, of the receipt of proposals for construction of Liberty Ave. Sanitary Sewer, AND Communication of City Manager recommending to award con- tract for above to Robert J. Schulte, Inc., presented and read. Council Member Khiuer moved that the proof of pubilcatinn and com- municatinn of City Manager be receiv- ed and filed. Seconded by Council Member Khiesner. Carried by the fuilowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klncsner, Kronfeldt. Nays--Nonc. (Awarding Contract) RESOLUTION NO. 199-83 WHEREAS, sealed proposals have been submitted by contractors for the Liberty Avenue Sanitary Sewer pur- suant to Resolution No. 157-83 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 12th day of Ju- ly, 1983. WHEREAS, said sealed proposals were opened and read on the 26th day of July, 1983, and it has been deter- mined that the bid of Robert J. Schulte Company, Inc. of Dubuque, Iowa in the amount of $49,555.46 was the lowest bid for the furnishing of ail labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contractor for the above- mentioned improvement be awarded to Robert J. Schulto Company, 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: 268 Regular Session, August 1, 1983 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, and adopted this 1st day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the fuilowhig vote: Yeas--Mayor Brady, Council Members Beurskena, Deich, Hammel, IOauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- ters of the receipt of proposals for the Construction of the 1983 Asphalt Pay- lng Project, AND Communication of City Manager recommending to award contract for above to River City Pay- lng, Inc. of Dubuque, presented and read. Council Member Beurskens mov- ed that the proof of publication and the Communication of the City Mgr. be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskena, Deich, Hammel, Klauer, Kluecner, Kronfeldt. Nays~None. {Awarding Contract) RESOLUTION NO. 200-83 WHEREAS, sealed proposals have been submitted by contractors for the 1983 Asphalt Paving Project pursuant to Resolution No. 160-83 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on 12th day of July, 1983. WHEREAS, said sealed proposals were opened and read on the 26th day of July, 1983, and it has been deter- mined that the bid of River City Pay- ing, Inc. of Dubuque, Iowa, in the amount of $$70,004.81 was the lowest bid for the furnishing of all labor and materiais and perforraing the work as provided fur in the plans and specifica- tions. 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, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the Ci- ty of Dubuque for the complete perfor- mance of the work. 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, and adopted this 1st day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurekens moved adoption of the Resolution. Seconded by Council Member Kluesnar, Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfuldt. Nays--Nona. Communication of City Manager r~- questing affirmation of suspension of Mr. Jeffrey Everte from work without pay for a period of three (3~ work days, presented and read, Council Member Deich moved that the communication be received and fr- ed and affirmed the recommendation for suspension. Seconded by Council Member Beurskens, Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskena, Deich, Hammel, Klauer, Klnasnar, Kronfeldt. Nays--Nona. Communication of City Manager recommending approval of contract with Touche, Ross and Co. in the amount of $18,000 for a Cable Rate Analysis, presented and read. Council Member Harnmal moved that the communication ha received and ~ed and that the contract be ap- proved. Seconded by Council Member Klnasnar. Carried by the following Yeas--Mayor Brady, Council Regular Session, August 1, 1983 269 Members Beurskens, Deich, Hamme] Kluesner, Kronfeldt. Nays--Council Member Klsuer. Communication of City Manager submitting Ordinance to update the City Code provision on depositing of City funds, presented and read. Council Member Klsuer moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammai Klauer, Kinesner, Kronfeldt. Nays--None. ORDINANCE NO, 40-83 AN ORDINANCE AMENDING THI/ CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 2-73 IN LIEU THEREOF PROVIDING FOR DAILY DEPOSITS OF CITY FUNDS, presented and read. Council Member Klauer moved that the reading just had bo considered the first reading of the Ordinance. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurekens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Klauer 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 Doich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, De/ch, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 40-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 2-73 THEREOF AND ENACTING A NEW SECTION 2-73 IN LIEU THEREOF PROVIDING FOR DAILY DEPOSITS OF CITY FUNDS ' NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nance~ of the City of Dubuque, Iowa be mended by repealing Section 2-73 thereof and enacting a new Section 2- 73 in lieu thereof as follows: **Sec. 2-73. Deposits of City Funds Each department, division and other agency of the City shall deposit all funds collected on behaff of the City daily with the City Treasurer together with receipts indicating the sources thereof and obtain a receipt from the City Treasurer for the funds, or deposit the funds directly in the City's bank account as directed by the Finance Director and give the City Treasurer a duplicate deposit receipt together with the receipts indicating the source~ of funds." Pa~ed, approved and adopted th/s 1st day of August, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day of August, 1983. Mary A. Davis City Clerk It 8/5 Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beerekens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. RESOLUTION NO. 201-83 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa that 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. John J. and Dennis Dolan 336 Main Street Passed, approved and adopted this 1st day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: 27O Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klueener, Kronfeldt. Nays--None. Regular Session, August 1, 1983 proper bonds; RESOLUTION NO. 202-83 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 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~ plicante a Beer Pern~t. CLASS "B" BEER PERMIT Selat ColumbMlle Church 1240 Rush Street (Also Sunday Sales) CLASS "C" BEER PERMIT Earl Glenn Corbett 408 West Locust St. (Also Sunday Sales) Passed, approved and adopted this 1st day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hanunel, Klauer, Kinesner, Kronfeldt. Nays--None. RESOLUTION NO. 203-83 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 OCo cupied by such appilcants were tn- spected and found to comply with the State Law and ail City Ordinances relevant thereto and they have filed 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 Licanse~ CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Imperial Lanes, Inc. 3505 Stoneman Rd. Als0 Sunday Sales) Liberty Restaurants, Inc. 401-405 Central Ave. (Also Sunday Sales) James J. Klauer 1646 Asbury Rd. Passed, approved and adopted this 1st day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hannnel, Klaner, Kinesner, Kronfeldt. Nays--Nane. MINUTES SUBMITTED: Airport Comm. of 7-14, Cable Comm. Tele. Programming Comm. of 7-5; Cable Regulatory Comm. of 7-13; Dock Bd. of 7-11; Electrical Examining Bd. of 7-12; Housing comm. of 7-19; Housing Code Advisory & Appeals Bd. of 7-13; Public Library Bd. of 6-15; Transit Bd. of 7-14; Transit Statement & Statistics Report for month of June, 1983, presented and read. Council Member Kronfeldt moved that the minutes be received and filed. Seconded by Council Member Kinuer. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Nane. NOTICES OF CLAIMS: Cindy L. Goldthorpe in unknown amount for property damage; Jeffrey J. Lang in amount of $500 for personal injuries; Joseph C. May in unknown amount for property damages; Gregory R. Howell II, in undetermined amount for per- serial injury and property damages;, Regular Session, August 1, 1983 271 presented and read. Council Member Kronfeldt moved that the claims be referred to the Cor- poratlon Counsel for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Submission of Four Mounds Task Force Applications -- Council Member Beurskens moved that the applicao tions be received and filed and be refer- red to the Park and Recreation Connn. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of U.S. Dept. of the Interior approving the "Dubuque Historic Preservation Ordinance Chapter 19V2 of the Ordinances of the City of Dubuque, Iowa" for certifica- tion under the provisions of the Economic Recovery Tax Act of 1981, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the renew- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of Statement of Ser- vices from Dee, Gosling & Co. for pro- fessional services of special report on Parking Facilities, presented and read. Council Member Deich moved that the communication be received and fr- ed and authorized payment of $7000. Seconded by Council Member Klauer. Vote on the motion was as follows: Ye~s--Council Member Deich. Nays--Mayor Brady, Council Members Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. MOTION FAILED. Council Member Beurskens moved that the communicatian be received and filed and that they authorize pay- ment to Dee Gosling in amount of $14,000. Seconded by Council Member Kranfeldt. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Deich. Communication of T. J. Blocklinger of 3177 Erie Ct. submitting comments concerning the proposals of the Cedar Cross Highway project. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Dubuque County Institu- tional Accounts Administrator sub- mitring one petition for suspension of real estate taxes, presented and read. Council Member Kronfeldt moved that the petition be referred to At- torney Binm for proper assessment. Seconded by Council Member Beur- skens. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich. Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication before the FCC in the matter of KDUB-TV Inc. "Petition for Extension of Waiver of Section 76.29(g) of the Comrnieeion's Rules" an "Opposition to Petition for Waiver" by KCRG-TV, presented and read. Council Member Kronfeldt 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. Proof of publication, certified to by the Publisher. of Public Notice relative to the C.D. "Jobs Bill" Grant Program in which the City intends to file a re- quest for release of funds for various projects and City's placing these on file in the Office of the City Clerk; Pro- of of publication, certified to by the Pubilsher, of List of Claims for the month of May~ 1983, presented and read. Council Member Kronfeldt moved that the proofs of publication be received and filed. Seconded by Coun- cil Member Klauer. Carried by the foilowing vote: 272 Regular Session, August 1, 1983 Yeas--Mayor Brady, Council Members Beurskens, De(ch, Hammel, Klauer, Khiesner, Kranfeldt. Nays--None. July 29, 1983 W. Kenneth Gearhart City Manager City of Dubuque, Iowa In accordance with Chapter 400 of the 1983 Code of Iowa, as amended, the Civil Service Commission con- ducted written exams on June 16, 1983 and oral assessments were held July 18, 19 and 20, 1983 for the position of FIRE CHIEF. We hereby certify the following in- dividual(s) to the City Manager as be- ing eligible to be appointed FIRE CHIEF for the City of Dubuque, Iowa. William T. Miller Respectfully submitted, John E. Hess Chairperson Gerald Koppes Civil Service Coromission City of Dubuque, Iowa Council Member Hammel moved that the above communicatinn be received and filed and made a matter of record. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing approval of his appointment filling the position of FIRE CHIEF, presented and read. Council Member Hammel moved that the communication be received and filed and approved appointment of William T. Miller. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klaner, Kluesanr, Kronfeldt. Nays--Nane. Dr. Wm. Neumelster made specific suggestions as to the Parking Audit. There being no further business, Council Member Kranfeldt moved to adjourn. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klaner, Klueener, Kronfeldt. Nays--None. Mary A, Davis City Clerk Approved__ Adopted Mayor Council Members ATTEST: City Clerk _1983 1983 Special Session, August 11, 1983 i273 CITY COUNCIL OFFICIAL Special Session, August 11, 1983. Council Met at 5:00 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Delch, Hammel, Kinesner, City Manager W. Kenneth Gearhart, Assistant City Attorney Wm. G. Blum. Absent--Council Members Beur- skens, Klaner, Kronfeldt. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider a reeolu- tion regarding the issuance of not to exceed $1,000,000 in aggregate prin- cipal amount of industrial develop- ment revenue bonds (The Brewery Project) of the City of Dubuque Iowa, and authorizing execution of a memorandum of agreement. Council Member Kluesner moved that they suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Delch. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Klueener. Nays--Council Member Hammel. Absent--Council Members Beur- skens, Klauer, Kronfeldt. John Nelbel, Dick ArmRage and John Long, addressed the Council and set out specifics of their request for this meeting, and requesting approval of the adaption of the Resolution as set out by the Bonding Counsel, RESOLUTION NO. 204-83 A Resolution Regarding the Issuance of Not to Exceed $1,000,000 in Ag- gregate Principal amount of In- dustrial D~ve~o~pment Revenue Bonds {The Brewery Project) of the City of Dubuque, Iowa, and Authorizing Ex- eeution of a Memorandum of Agree- ment. WHEREAS, the City of Dubuque, Iowa (hereinafter referred to as the '"'City"), is a municipal corporation organ/zed and existing under the Con- stitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Industrial Development Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, con- structing, improving and equipping a "Project" as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the City in order to c~eate jobs and employment oppor- tunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has been re- quested by The Brewery, a Wisconsin general partnership (hereinafter refer- red to as the ({Company"), to authorize and issue not to exceed $1,000,000 in aggregate principal amount of its In- dustrial Development Revenue Bonds (The Brewery Projectl (the "Bonds"l, pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of a facility for pro- ceeslng agricultural products con- sisting of acquiring real estate and a building thereon, renovating and im- proving the building and providing equipment and machinery therefore suitable for use in processing, storing and distributing beer (hereinafter referred to as the "Project"), which Project win be owned and operated by Company; and WHEREAS, said Project will create additional employment opportunities for residents of the City and the sur- rounding area; will enhance the tax base of the City and overlapping tax- ing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS, the City has determin- ed that the amount necessary to defray all or a portion of the cost of ac- quiring, renovating, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the city of not to exceed $1,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pur- suant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Com- pany pursuant to which loan payments will be made by the Com- 274 Special Session, August 11,1983 pony in amounts sufficient to pay the principal of and interest and premium, ff any, on said Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shah be payable solely out of the revenues derived from the Pro- ject to be financed by the Bonds; and WHEREAS, regulations pro- mulgated under Section 103 of the In- ternal Revenue Code of 1954, as amended (the "Code"l, may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or take "some other similar official ac- tion' toward the issuance of such Bonds prior to the commencement of acquisition or renovation relating to the proposed Project, and it is intend- ed that tins Resolution shall con- stituto "some other similar official ac- tion" toward the issuance of the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memoran- dura of Agreement, attached hereto as Exinbit "A" wincli sets forth certain mutual undertakings and agreements between the City and 'Company, relating to the further processing and issuance of said Bonds, and the City believes it desirabla and in its best in- terest that said Memorandum of Agreement be executed for and on behalf of the City; and WHEREAS, before the Bonds may be issued, it win be necessary to con- duct a public hearin~g on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act and Section 103(k) of the Code, winch hearing will be set at a later time by this Council. NOW, THEREFORE, Be It and It is Hereby Resolved by the City Coun- cil of the City of Dubuque, Iowa, as follows: Section 1. The City recognizes that regulations promulgated under Sec. tion 103 of the Code may r~qalre the taking by this City Council of official action", or "some other similar official action", if interest on Industrial Development Revenue Bonds issued by the City and used to acquire, renovate, improve and equip such in- dustrial development project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute solely for federal income tax purposes official action or "some other similar official action" with respect to the is- suance of such Bonds. Section 2, That in order to assure the renovation, improvement and eqalpp- lng of these production, storag~ and distribution facilities in the City of Dubuque, Iowa, with the resulting public benefits, it is deemed necessary and advisable that the Memorandum of Agreemen~ in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and lwreby is authorized and directed to execute said Memorandum of Agree- ment and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made part of this Resolution. Section 3. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and ad. vances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the pro- ceede of the Bonds when and if defivered, but otherwise without liability on the par~ of the City. Section 4, That officials of the City are hereby authorized to take such fu~ ther action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such con. ~c~ hereby repealed, and this Besol~ tion shall be in full force and effect ira- mediately upon its adoptio~ Adopted and approved tins llth day of AugUst, 1983 City of Dubuque, Iowa James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Special Session, August ll_____~A, 1983 ~275 Exhibit Memorandum of Agreement THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque, in Dubuque County, lows party of the first part (hereinafter referred to as the "City"), and The Brewery, a Wisconsin general partner- ship, party of the second part (hereinafter referred to as the "Com- pony"}. 1. Preliminary Statement. Among the matters of mutual inducement winch have resulted in the execution of tin~ Agreement are the following: (a~ The City is an incorporated municipality of the State of Iowa, authorized and empowered by the pro- visions of Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and equipment suitable for industrial projects as defined therein; and (b) In order to provide for industrial development and employment oppor- tonities for the inhabitants of the City and to add to the welfare and prospori- ty of the City and of such inhabitants, the City proposes to loan to the Com- pons' funds to finance the cost of a facility for processing agricultural pro- ducts consisting of acquiring real estate and a building thereon, renovating and improving the building and providing equipment and macinnery therefor, suitable for use in processing, storing and distributing beer (herein referred to as the "Pro- ject"); and (c) It is considered essential that ac- quisition and renovation related to the ..Project commence at the earliest proc- ticabla date, However, before commen. cing the Project, the Company desires satisfactory assurances from the City tlmt the proceeds from the sale of In- dustrial Development Revenue Bonds of the City will he made available in an amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $1,000,000. (d}Repreeentetlvee of the City have indicated the willlngnees of the City to proceed with and effect such financing as an inducement to the Company to acquire the facilities in the City and the City has advised the Company that, subject to due compliance with ali requirements of law and the obtain- lng of ali necessary consents and ap- provals and to the happening of ali acts, conditions and tinngs required to exist, happen and be performed prece- dent to and in connection with such financing in due time, form and man- ncr as required by law, the City, by vir- tue of such statutory authority as may now exist or may hereafter be confer- red, will issue and sell its Bonds in an amount sufficient to finance ali or a )ortion of the cost of the Project. (e)The City considers that the under- taking of the Project will promote in- dustrial development of the City, pro. vide employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the CI- ty. The City agrees as follows: la~ That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance all or a portion of the cost of the Project, winch cost, including the expenses related to the issuance of the Bonds, is presently estimated nut to exceed $1,000,000. (b)That it will cooperate with Com- pany to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or ad- vleebla for the authorization, issuance and sale of the Bonds and the financ- lng of the Project as aforesaid, and the entering into a Loan Agreement with the Company with respect to the Pro- ject, all as shall be authorized by law and mutually satisfactory to the City and the Company. lc}That the aggregate basic payments (i.e. the payments to he used to pay the principal of and premium, if any, and interest on the Bonds) poyable under the Loan Agreement shall he such sams as shell he suffi- tiant to~ pay the principal of, interest and redemption premium, if any, on the Bonds as and when the Same shall become due and poyable. 276 Special Session, August 11,1983 (d)That it will take or cause to be taken such other acts and adopt such further proceedings as may be re- qalred to implement the aforesaid undertakings or as it may deem ap- propriate in pursuance thereof. 3. Undertaldngs on the Part of the Company. The Company covenants and agrees as follows: (atThat it will cooperate with the Ci- ty to sell the Bonds in an aggregate principal amount as above stated, pro- vided, however, that the terms of the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b)That it has not, prior to the execu- tion of this agreement and the taking of "official action" toward the is- suance of the Bonds by the City, ac- quired or commenced renovation of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimburs- ed from the proceeds of the Bonds when and if issued. The Company does, however, represent that it now intends to enter into a contract or con- tracts for the acquisition, renovatio~ improvement and equipping of the Project and take, with reasonable ddigenee, the other necessary steps toward the realization of the Project. lc)That contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the company will obligate itself to pay to the City gums sufficient in the aggregate to pay the principal of and interest and redemp- tion premium, if any, on the Bonds as and when the same shall become due and payable, such instrument to con- tain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d)That it will take such further ac- tlon and adopt such further pro- eeedinge as may be required to imple- mant its aforesaid undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before September 30, 1985, (or such other date as shall be mutually satiefaetary to the City and the Com- pany), the City and the Company shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutuaily ac- ceptable terms and conditions of the documents referred to in paragraph 3 and the proeeedinge referred to in paragraphs 2 and 3 hereof. (b)Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any exten- sion thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of- ~ocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to per- form by the City of its obligations hereunder, or done at the request of the Company. (c)All commitments of the City hereof are further subject to the condi- tions that the City, and its elected and appointed officials, shall in no event in- cur any liability for any act or omis- sion hereunder, and that the Bonds described herein shall not consitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not con- stitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the par- ties hereto have entered into this Agreement by their officers thereunto duly authorized as of the llth day of August, 1983. C~ty of Dubuque, Iowa James E. Brady Mayor ATTEST: Mary A. Davis City Clerk The Brewery Richard Armitage a General Partner Council Member Hammsl moved adoption of the Resolution. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Membdrs Deich, Hammsi, Kluesner. Nays--None. Absent--Council Members Beur- skane, Klanar, Kronfeldt. There being no further business, Council Member Hanunal moved to ad- journ. Seconded by Council Member Speeial Session, August 11, 1983 277 Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammsi, Kluesner~ Nays--None. Absent--Council Members Beur~ skens, Klauer, Kronfeldt. Mary A. Davis City Clerk Approved. __1983 Adopted ,1983 Mayor Council Members ATTEST: City Clerk 278 Special Session, August 15, 1983 CITY COUNCIL OFFICIAL Special Session, April 15, 1983. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayox Brady, Council Members Beoxskens, Deich, Hammel, Kiauer, Kluesner, 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 tins Meeting is called for the purpose to conduct a Public Hearing regarding the rezoning of pre- party at 620-628 and 636 Loras Blvd. end acting upon such other business winch may properly come before the Council. Invocation was given by Bishop Eugene Zirker of the Church of Jesus Christ of Latter Day Saints. Proclamation: Week of August 14, 1983 as "Mentally Handicapped Health Week" received by Tom O'Brien, 383 Locust. Council Member Kiauer moved to suspend the rules to let anyone pr~- sent address the Council if they so desire, Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hanunel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone property at 620-628 and 636 Loras Blvd. from ID to R-4 District, present~l and read. There were no written objections received and no oral objectors present at the then set for the Hearing. Coun- cil Member Benrekens moved that the proof of publication be received and fil- ed. Seconded by Council Member Klauer. Carried by the following vo/~e: Yeas--Mayor Brady, Council Members Beurskens, Daich, Hammel, Klauer, Klueaner, Kronfeldt. Nays--None. ORDINANCE NO. 41-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PRO- PERTY AT 620-628 and 636 LORAS FROM ID INSTITUTIONAL DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL DISTRICT, SAID ORDINANCE HAVING BEEN PRESENTED AND READ AT THE MEETING OF JULY 18, 1983, presented for final adoption. ORDINANCE NO. 41-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 620-628 AND 636 LORAS FROM ID INSTITU- TIONAL DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "ID Institutional District" classifica- tion to "R-4 Multi-Family Residential District" classification, to wit: Lot 1 of Lot 817, Lot 1 of Lot 818, Lot 2 of LOt 818, and Lot 819 all of A. McDaniel's Subdivision in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 15th day of August, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper tins 19th day of August, 1983. Mary A. Davis City Clerk It 8/19 Council Member Baurskeen moved Special Session, August 15, 1983 279 final adoption of the Ordinance. Seconded by Council Member Kiauer. 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 Public Hearing on Pendency of Resolution of Necessity for Improvements for the Iowa Street Parking Ramp Joint Repairs and Bollard Replacements, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Coun- cil Member Kluesner moved that the proof of publication be received and fll- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskene, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. {Necessity for Improvement) RESOLUTION NO. 173-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- qua, Iowa, and are now on fha in the of- rice of the City Clerk showing among other tinngs the plans, specifications end form of contract for the improve- ment, and an estimate of the cost for the Iowa Street Parking Ramp - Joint Repairs and Bciiard 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 tins proposed resolution have filed objections with the City Clerk to the proposed plans, specifiea- 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 winch have been approved by the City Coun- dl and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the Parking ]DePreciation Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk tins 18th day of Ju- ly, 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 tins 15th day of August, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Resolution, Seconded by Council Member Bent- skens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskeas, Deich, Hammci, Klener, Kluesner, Kronfcidt. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 20~83 WHEREAS, proposed phns and specifications and form of contract for the Iowa Street Parking ramp - Joint Repairs and Bollard Replacements have been approved by the City Court- cil of the City of Dubuque and public notice given as provided by the Cede of Iowa pertaining to public contracts end bends, and the time and place fix- ed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being tins 15th day of August, 1983; and WHEREAS, the City Council met in regular session tins 15th day of August, 1983, at 7:30 p.m, at the Public Library Auditorium for the pox- peea of hearing all interested parties and considering any and all objections winch have bean filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; snd WHEREAS, all interested parties Special Session, August 15, 1983 281 280 Special Session, August 15,1983 ~ IT FURTHER RESOLVED have been given an opportunity to be] that this resolution being deemed beard and all objections which have I urgent and of immediate necessity been duly weighed and considered; I shall be in force and effect from and I after its passage and adoption by the NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are bereby 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 compaction with said improvement. Passed, approved and adopted this 15th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueaner moved adoption of the Resolution. Seconded by Council Member Beurskans. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Klneaner, Kronfsidt. Nays--None, (Ordering Construction) RESOLUTIOH NO. 206-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 173-83 which was duly passed by this Council for the Iowa Street Parking Ramp - Joint Repairs and Boilurd Replacements be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the peri- tion of property owners. All the work shall be constructed in accordance with the plans and specifications hereWfure adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of tbe said improvement be paid from the Parking Depreciation Fund. City Council. Passed, approved and adopted this 15th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Beurskans. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Bnerskens, Deich, Hummel, Klauer, Kluesaer, Kronfeldt. Hays--None. Proof of publication, certified to by ~ Publisher, on Notice to Contrac- tors of the receipt of proposals for the Iowa Street Parking Ramp - Joint Repairs and Boilard Replacements, and Communication of City Manager recoromending to award contract for above to Jackson Tuckpointing Co., presented and read. Council Member Khisaner moved that the proof of publication and the communication of the City Mgr. be received and filed. Seconded by Coun- cfi Member Beurskans. Carried by the following vote: leas--Mayor Brady, Council Members Beurskens, Deich, Hammsi, Klaner, Klaesner, Kronfeldt. Nays--None. (Awarding Contract) RESOLUTION NO. 20783 WHEREAS, sealed proposals have been submitted by contractors for the Iowa Street Parking Ramp Joint Repairs and Boilard Replacements pursuant to Resolution No. 206-83 and to bidders published in a newspaper published in the City of Dubuque, Iowa on the 26th day of Ju- WHEREAS, said sealed proposals ware opened and read on the 9th day of August, 1983, and it has been detar- mined that the bid of Jackson Tuck- pointing Co., Inc., of Dubuque, Iowa in the amount of $28,523.76 wac 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 abov~mantioned improvement be awarded to Jackson Tuckpdinting Co., Inc., and the Manager be and is hereby directed to execute a contract on behalf of the Ci- ty of Dubuque for the complete perfor- mance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed:' to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Bsarskens. Car- ried by the fonowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Pendency of Resolution of Necessity for 1983 Street Lighting and Traffic Signal Improvements, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Coun- cfi Member Kluesnar moved that the pranf of publication be received and ill- ed. Seconded by Council Member Klaner. Carried by the renewing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. (Necessity 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 office 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 necessar~ 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 all objections thereto. Said improvement shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Court- cfi and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the Road Use Tax Fund and General Obligation Bonds. The above resolution was introdac- 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 Record of Final Adoption The foregoing resolution was finally passed and adopted, as proposed by the City Council this 15th day of August, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer, Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of 282 Special Session, August 15, 1983 Contract and Cost of Improvements RESOLUTION NO. 208-83 WHEREAS, proposed plans and specifications and form of contract for the 1983 Street Lighting and Traffic Signal Improvements have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertnin- ing to public contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being tins 15th day of August, 1983; and WHEREAS, the City Council met in special session tMs 15th day of August, 1983, at 7:30 p.m. at the Public Library Auditorium for the par- pose of hearing ali interested parties and considering any and all objections wMch 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 bo heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to ha made, be and the same hereby overruled and each plans, specifications and form of contract heretofore approvea 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 ha made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 18th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klansner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammci, Klauer, Kinesner, Kronfeldt. Nays--None. (Ordering Construction) RESOLUTION NO. 209~3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUB'U- QUE that the pursuant to a Resolu- ;ion of Necessity No. 176-83 which was duly passed by this Council for tho 1983 Street Lighting and Traffic Signal Improvements ha 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 be con- structed in accordance with the plans and specifications heretofore adopted md now on ~e in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement ha paid from the Road Use Tax Fund and General Obligation Bonds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity ~hail be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 15th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammci, Klaner, Klueener, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contracts of the receipt of proposals ~or 1983 Street Lighting and Traffic Signal Ira- provements, and Communication of City Manager recommending to award contract for above to Weetphaf Co., Inc., presented and read~ Council Member Klueensr moved that the proof of publication and Special Session, August 15, 1983 283 communication of the City Manager be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesnor, Kronfeldt. Nays--None. ~ (Awarding Contract) /~ RESOLUTION NO. 210-83 WHEREAS, sealed proposals have been submitted by contractors for the 1983 Street Lighting and Traffic Signal Improvements pursuant to Resolution No. 209-83 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on 26th day of July, 1983. WHEREAS, said sealed proposals were opened and read on the 9th day of August, 1983 and it has been deter- mined that the bid of Westphal and Company, Inc. of Dubuque, Iowa in the amount of $37,723.30 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contractor for the abov~mentioned improvement be awarded to Westphal and Company, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubu- que for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klnssner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning Commission submitting the recommendations for the zoning of Chaplain Schrnitt Memorial Island, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Delah. Carried by the follow- hug vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nnys--None. An ORDINANCE Amending Ap- pendix A of the Code of Ordinances, by adding "CR Commercial Recreation District" to the list of Commercial Districts; prescribing therein a general purpose and description, principal per- mitred uses, bulk regulations and parking and sign requirements and further providing for the inclusions of "CR" to the list of districts subject to the schedule of off-street parking and loading requirements and to provide regulations for signs in the "CR Com- mercial Recreation District", presented and read. Council Member Beurskens moved that the reading just had be con- sldered the first reading of the or- dinanca. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delah, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Bearskens 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 wlth. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the Ordinance be set for Public Hearing on Tuesday, Sept. 6, 1983, at 7:30-P.M. in the City Hail Council Chambers and that the City Clerk be directed to publish notice of the Hear- ing in the manner prescribed by law. Seconded by Council member Deich. Carried by the foilowing vote: 284 Special Session, August 15,1983 Yeas--Mayor Brady, Council Members Beurskens, Dsich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. An ORDINANCE Amending Zen- lng Ordinance and Zoning Map of the City of Dubuque by reclassifying pro- petty on Chaplain Schmltt Memorial Island from HI Heavy Industrial District classification to CR Commer- cial Recreation District Classification, presented and read, Council Member Beurskens moved that the read just had be considered the first reading of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dsich, Hammel, Klauer, Klaesner, 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 the following vote: Yeas--Mayor Brady, Counci Members Beurskens, Dsich, I-Iammel, YAauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the Ordinance be set for Public Hearing on Tuesday, Sept. 6, 1983 at 7:30 p.m. at the City Hall Council Chambers and that the City Clerk be directed to publish notice of the Hcar~ lng in the manner prescribed by law. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer. Kluesner, Kronfsidt. Nays--None. Communication of Planning and Zoning Commission recommending rezoning of property located at corner of E. 15th and Elm Streets from HI Heavy Industrial to OR-1 Office Residential as requested by Dept. of Correctional Services, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Dsich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Dsich, Hammel, Klauer, Klaesner, Kronfsidt. Nays--None. An ORDINANCE Amending the Zoning Ordinance and Zoning Map of the City of Dubuque by reclassifying property at the southeast corner of 15th & Elm Streets from "HI-Heavy Industrial District" classification to "OR-1 Office Residential District" classification, 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 Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskons, Dsich, Hammel, Klauer, Kinesner, 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 Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammsi, Klauer, Klueener, Kronfsidt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on September 6, 1983 at 7:30 o'clock P.M. in the Council Chambers and that the City Clerk be instructed to publish notice of the hearing in the manner prescribed by law. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dsich, Hammel, Klauer, Klaesner, Kronfeldr. Nays--None. Communication of League of Women Voters requesting to address the Council to present their "Findings of Study" on Keyllne, presented and read. Elaine Korbeli Bob Krayer and Kip Winter all spoke to the com- munication. Council Member Beurskens moved that the communication be received and filed and Staff directed to prepare letter of interest advising of will- ingness to becoming a pilot City for study and forward to the Iowa D.O.T. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Special Session, August 15, 1983 285 Petition of Dave Hoffman re- questing to address the Council regar- ding rental properties fees and penalties in accordance with Chapter 20 - Housing Code, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, HIammel, Klauer, Klaesner, Kronfsidt. Nays--None. Petition of Iowa National Guard re- questing voluntary annexation to the City, property located directly west of the City of Dubuque, presented and read. Council Member Beurskens mov- ed that the petition be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klueener, Kronfcidt. Nays--None. Communication of City Manager recommending approval of request of Iowa national Guard, presented and read. Council Member Beurskens moved that the communication be received and filed, Seconded by Council Member Kronfeldt. Carried by the renewing vote: Yeas--Mayor Brady, Council Members Beurskens, Dsich, Hammsi, Klauer, Klueener, Kronfeldt. Nays--None. RESOLUTION NO. 211-83 A Resolution Annexing Lot 2 of Lot 1 of the Southeast One-Quarter of the Southwest One.Quarter of Section 29 Township 89 North, Range 2 East to the City of Dubuque, Iowa, WHEREAS, the Iowa National Guard as owner of an area approx- irnately 21.7 acres in size lying im- mediately adjacent to the City of Dubuque, Iowa has voluntarily peti- tioned for annexation of said territory to the City of Dubuque; 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 ressiu- t~on; and WHEREAS, the future growth and development o! the City of Dubuque, Iowa make it desirable that said tar- ritory ha made part of the City of Dubuque, Iowa. NOW, THEREFORE, 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 described real estate to wit: Lot 2 of Lot 1 of Southeast One- ~ Quarter of the Southwest One. / Quarter of Section 29, Township 89 North, Range 2 East in Dubuque Township, Dubuque County, Iowa Provided that it is intended that no portion of any public road right-of-way shall hereby be annexed. 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 Se- cond Ward, 24th Precinct of the City of Dubuque, Iowa. Section 3. That the City Clerk be and she is hereby authorized and directed to transmit a certified copy of this Resolution to the State Department of Transportation, the County Recorder, the Secretary of State and City Development Board in accordance with provisions of Chapter 368 of the Code of Iowa. Passed, approved and adopted this 15th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Memhar Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfcidt. Carried by the following vote: Yeas--Mayor Brady, Council Membars Beurskens, Deich, Hammsi, Klauar, Kluesner, Kronfeldt. Nays--None. Communication of City Manager ap- proving request of D & D What Not to construct a canopy at 1286 Central Ave., preeented and eead. Coundl Member Beurskeas moved that the communication ha r~eeived and filed. Seconded by Council Member Kronfeldt. Carried by the 286 Special Session, August 15, 1983 following vote: Yeas--Mayor Brady, Council Members Banrekens, Deich, Hammel, Klauar, Klueaner, Kronfeldt. Nays--None. ORDINANCE NO. 42-83 AN ORDINANCE AUTHORIZING ZEPHYR ALUMINUM PRODUCTS, INC. TO CONSTRUCT A CANOPY AT 1266 CENTRAL iD & D WHAT NOT SHOPI, presented and read, Council Member Banrskens moved that the reading just had be cou- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfoldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurekens, Deich, Hammel, Klauor, Kluasner, Kroufeldt. Nays--None. Council Member Banrskeua 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 Kroufeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskans, Deich, Hammel, Klouer, Kinesner, Krenfeldt. Nays--None. ORDINANCE NO. 42-83 AN ORDINANCE AUTHORIZING ZEPHYR ALUMINUM INC. TO CONSTRUCT Canopy on front entrance of D & D What Not NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That D & D What Not Shop as owners of the premises known as D & D What Not, Dubuque, Iowa, and legally described as entire prem- ~ situated on Lot 445, South half of North middle 1/5th of City Lot 445 be and they are hereby granted the rove- cable permit and authority to con- struct and maintain stationary from entrance canopy under the terms and conditions set forth in this Ordinance. Soetinn g. That such construction shall be done in accordance with plans berctofor~ submitted by permitteas and alrl~oved by the City Manager, under the supervision and direction of the City Manager, and in acordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence, loca- tion, installation, construction or main- teeance of said canopy . b) Pay on behalf of the City of Dubuque, ail sums which the City of Dubuque shall become obilgnted to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the leca- tion, installation, existence, construc- tion or maintenance of said canopy sustained by any person or persons, caused by accident or otherwise to at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, con- struction or maintenance of said canopy and to pay reasonable attorney fees therefore; and c) Indemnify and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any , of the City of Dubuque which may oecu~ as a result of or in cortnec- ~ with the locatinn, installation, construction, maintenance and repair of the facility, work or impmvemant permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted he rescinded or revoked by the City Council, permittees, or their successors in interest, as owners 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 canopy and in the event of their failure to do so, the City of Dubuque shall he authorized to ~emove said canopy at penalttees' expense and dispeas of the same, and the permlttee shall have no claim against the City or its agents for damages resulting from the removal of said canopy, Section 5. That permittees convua- ant and a~ea that the revocable per- mit herein granted does not constitute an ~pproval of the design., erection, location, conaim~len, repmr or main- tenance of said facility and said per- nitteea hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, pe~- soanl injuries and/or property dsm~e Special Session, August 15, 1983 287 against the pennittees arising out of or in any way connected with the leca- · 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 D & D What Not 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 Section 7. That the City Clerk be and he 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 August, 1983. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 42-83 The undersigned having read and being familiar with the terms and con- ditions of Ordinance No. 42-83 hereby, for themselves, their successors or ~slgns, as owners of the abutting prop- erty, accept the same and agree to be bound by the conditions and agree- merits therein contained to be per- formed by permitteea BY:/s/Margnetite Burkart President or Vice-President or Property Owner Published officially in the Telegraph Herald newspaper this 19th day of August, 1983. Mary A. Davis City Clerk It 8/19 Council Member Beurekens moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Members Beurekans, Dsich, Hanuual, Klauer, Klueanor, Kronfeldt. Nays--Noue. Communication of City Manager re- questing second reading and final adoption of Ordinance regarding In- duktrlal Pretreatment Program, upon motion received and filed. Seconded by Council Member Klauor. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klueaner, Kronfeldt. Nays--None. An ORDINANCE Amending the Code of Ordinances by adding a new "Division 5" of Article II, Sewers and Sewage Disposal, titied "Industrial Pretreatment Program and rescinding Subsection (e) of Section 36-82 of "Division 2" Discharge Regulations titled Discharge of Harmful Substances, said Ordinance having been presented and read at the Council M~eting of June 6, 1983, presented arid read. Council Member Beurskens moved that the reading just had be con- sidered the second reading of the Or- diuance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich~ Hammel, Klauer, Klueaner, Kronfeldt. Nays--None, Communication of City Manager re- questing authorization to publish Notice of Availability of Calendar Year 1982 Grantee Performance Report, presented and read. Council Member Kiauer moved that the com- mualcation be received and filed. Seconded by Council Member Beur- skans. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskans, Deich, Hammel, Klauer, Kluesnor, Kronfeldt. Nays--None. RESOLUTION NO. 212-83 Authorizing Publication of Notice of Availability for Public Inspection Cer* rain Community Development Block Cvrent Ducuments WHEREAS, under date of July 18, 1983, the Annual Performance Report was received by the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570;300 (b) of the Community Development Block Grant Program requires that reasonable effort shall be made to in- form citizens involved in or affected by the local Community Development Program that the Performance Report has been submitted and is available to interested parties upon request; and WHEREAS, Section 570.906 288 Special Session, August 15,1983 requires that there be public notice of the availability of the Performance Report for inspection by the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Sectio~ 1. That the City Clerk be and she is hereby authorized and directed to publish in the Dubuque Telegraph Herald, a newspaper of general eirculo- tion within the City, public notice in the form of Exhibit A, attached hereto and made a part hereof Passed, approved and adopted this 15th day of August, 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- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskans, Dcich, Hammel~ Klaner, Klueener, Kronfeldt. Nays--None. Communication of City Manager re- questing to execute a Community Development Block Grant Jobs Bill Agreement, presented and read. Council Member Beurskens moved that the communication be recieved and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 213-83 A Resolution Authorizing the Execu- tion of a Community Development Block Grant Agreement with the Department of Housing and Urban I~veinpment WHEREAS, under provisions of Ti- tie I of the Housing and Community Development Act of 1974, as amend. ed, the City of Dubuque prepared and submitted an application for the Com- munity Development Block Grant Jobs Bill Program, and; WHEREAS, the application has been approved for the City of Dubuque in the amount of $292,000 coromenc- lng July 1, 1983, and; WHEREAS, a Grant Agreement covering the activities proposed to be carried out with Community Develop- merit Block Grant Jobs Bill funds has been tendered the City of Dubuque; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE: Section 1. That the Grant Agree. men~ authorized by the U.S. Depart- ment of Housing and Urban Develop- ment on July 22, 1983 is hereby cepted, Section 2. That the Mayor of the City of Dubuque be and he is authorized and directed to execute a Community Development Block Grant Agreement identified as Grant Agreement B-83-MJ-19-600~ for submission to the U.S. Department of Housing and Ur ban Developmen~ Passed, approved and adopted this 15th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurekens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurekens, Deich, Hammel, Klauer, Kineener, Kronfeldt. ~lays--None. RESOLUTION NO. 214-83 Resolution Authorizing and Providing for the Issuance of $1,940,000 General Obligation Bonds and Levying a Tax to Pay Said Bonds WHEREAS, the Issuer is duly in- corporated, organized and exists under and by virtue of the laws and Conetitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of constructing, reconstructing and repairing street .hn- provereente; acquiring and installing traffic control devices and improving the municipal airpor t~ an essential cor- porate purpose, and it is deemed necessary and advisable that genial obilgutiun bonds in the amount of $1,940,000 be issued for said purpose; and Special Session, August 15, 1983 289 WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute pro- eeedings for the issuance of said bonds, and the Council is therefore now authorized to proceed with the is- suance of said bonds; and WHEREAS, pursuant to the provi- sions of Chapter 75 of the Code of Iowa, the above mentioned bonds were, heretofore sold at pubfic sale and a~-~' tion should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following mean, ings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Issuer" and "City" shall~mean the City of Duhaque, Iowa; (b) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and respon- sibilities with respect to the recording and payment of the Bonds issued hereunder; (c) "Bonds" shall mean $1,940,000 General Obligation Bonds, authorized to be issued by this Resalutiov~' (d) "Registrar" shall be Bankers Trust Company of Des Moines, Iowa by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a registrar of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds. (e) "Paying Agent" shall be Bankers Trust Company, Des Moines, Iowa or such suecessor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuers agent to provide for the payment of principal of and in, rarest on the bonds as the same shall Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wi~' Fiscal Year (July 1 to June 30) Year of Collection Amount 1983/1984 $367,122 1984/1985 $206,975 1985/1986 $450,975 1986/1987 $149,975 198711988 $195,975 198811989 $188,075 1989/1990 $230,375 1990/1991 $244,275 199111992 $255,800 1992/1993 $290,000 199311994 $270,000 NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1982, will be collected during the fiscal year com- mencing July 1, 1983). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby in- structed in and for each of the years as ~rovided, to levy and assess the tax hereby authorized in Section 1 of this Resolution~ in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and ;nterest on said bonds issued in an. ticipation of said tax, and for no other purpose whatsoever. (c) Additional City Fuuds Available. Principal and interest coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due ~rom current funds of the City available for that purpose and reim- bursement shall be made from such special fund in the amounts thus ad- vance& Sectian 3. Bond Fund. Said tax shalt be collected each year at the same time and in the same manner as, and in o~ dition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1983 #1", which is hereby pledged for and shall be used only for the payment of the principal of and interest on the bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the Ci- ty from railway, express, telephone and telegraph companies and other taxes assessed by the lowa State Department of Revenue. Section 4. Investments o! Bond Fend Proceeds. All moneys held in the Bond Fund, provided for by Section 2 of this Resolution shall be invested in direct obligations of the United States Government or deposited in banks which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits ex- ceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one bank shall be continuously secured by a valld pledge of direct obllgations of the United States Government having an equivalent market value. All such in- terim investments shall mature before the date on which the moneys are quired for payment of principal of or Special Session, August 15,1983 interest on the Bonds as herein provided. Section 5. Bond Details, Execution and Redemption. (a) Bond Details. General Obligations Bonds of the City in the amount of $1,940,000 shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose. The bonds shall be designated "GENERAL OBLIGA- TION BOND'; be dated September 1, 1983, and bear interest from the date thereof, until payment thereof, at the principal office of Banhers Trust Com- pany, Des Moines, Iowa, Paying Agent, said interest on May 1, 1984 and semiannually thereafter on the 1st day of May and November in each year until maturity at the rates hereinafter provided. The bonds shall be executed by the facsimile signature of the Mayor and attested by the focsimlle signature of the Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this resoio, tion; principal and interest shall be payable at the office of the Paying Agent. The bonds shall be each in the denomination of $5,000 or multiples thereof Said bonds shall mature and bear interest as follows: Interest Rate 8.00% 8.00% 8.00% 8.00% 7.90% 7.70% 7.40% 7.70% 7.90% 8.00% 8.00% (b) Redemption. The Bonds are not subject to redemption prior to maturi- Section 6. Registration o! Bonds; Appointment of Registrar; Transfer; Ownership~ Delivery; and Caneella- tlon. (a) Registration. The ownership of bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and Principal Amount $265,000 $ 75,000 $325,000 $ 50,000 $100,000 $100,000 $150,000 $175,000 $200,000 $250,000 $250,000 Maturity May lst 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 under the provisions of a separate agreement, with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall main. toin the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and in- terest on the Bonds as provided in this Resolution. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section ~84.31 of the Code of Iowa, subjeot to the provisions for regletra- tion and transfer contained in the bonds and in this resolutiot~ Special Session, Au (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the principal office of the Registrar together with an assignment duly ex- ecuted by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple in. dividuals, of all such transferees). In the event that the address of the r~gistered owner ora Bond (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a~broher or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any sueh Bond, a n~w fully registered Bond, of any denomination or denominations mittod by this Resolution in aggregate principal amount equal to the un- matured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration o! Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in ac. cordance with the provisions of this Resolutio~ (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal o/any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bona~ including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are caneell- ~d by the Registrar shall be destroyed asr 15,1983 291 and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the lssuer shall so direct, the Registrar shall for, ward the cancelled Bonds to the (D Non-Presentment of Bonds. In the event any payment check representing payment of interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if ~nds sufficient to pay such interest on onds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall brthwith cease, terminate and be com- detely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for *ntorest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolu- tion or on, Or with respect to, such in- retest or Bonds. The Paying Agent's obligation to hold such funds shall con- tinue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, ~r otherwise, at which time the Paying Agent, shall surrender any r~maining funds so held to the Issuer, whereupon any claim under this Resolution by the Issuers of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 7. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or ios~ the Issuer shall at the quest of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or iosg in exchange and substitution for such mutilated ~ond to Registrar, upon surrender of ~uch mutilated Bond, or in lieu of and tubetitution for the Bond destroyed, stolen or iosg upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and oroof of ownership thereof, and upon ~urnlshing the Registrar and Issuer with satisf~tory indemnity and eom- plying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such 292 Special Session, August 15, 1983 expenses as the Issuer may incur in Section 8~ Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the r~gistored holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. And all such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the bond to the paying agent. Section 9. Execution, Authentica- tion and Delivery of the Bonds. Upon the adoption of this resolution, the Mayor and Clerk shall execute and deliver the Bonds to Bankers Trust Company who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the registrar shall duly endorse and execute on such Bond a certificate of authentication substantially in the form of the Ce~ tificato herein set forth. Such Ce~ tificato upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authen- lleated has been duly issued under this resolution and that the holder thereof is entitled to the benefits of this resolu- No bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following. 1. A certified copy of the resohi- tion of Issuer authorizing the issu- ance of the Bonds; 2. A written order of Issuer signed by the Treasurer directing the au- tbenticetion and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price 3. The approving opinion of Alders, Cooney, Dorweder, Haynla & Smith, Bond Counsel, concern- lng the validity and legality of all the Bonds proposed to be issued. Section 10. Form of Bond. Bonds shall be printod in substantial eom- pllanee with standards proposed by the American Standards Institute in the form as follows: FIGURE 1 (Front) FIGURE 2 (Back) The text of the bonds to be located thereon at tho item numbers shown shall be as follows: Item 1, figure I -- "STATE OF IOWA", "CITY OF DUBUQUE", "GENERAL OBLIGATION BOND", "ESSENTIAL CORPORATE PUR- POSE." Item 2, figure I -- Rate: Item 3, figure 1 ~- Maturity: __ Item 4, figure 1 -~ Bond Date: _- Item 5, figure I ---- Cusip # Item 6, figure 1 ~ "Registered" __ Itom 7, figure 1 ~- Certificate No. Item 8, figure I -~ Principal Amount: $. Item 9, figure i ---- The City of Dubu- quo, Iowa, a municipal corporation organized and existing under and by virtue of the constitution and laws of the State of Iowa (the "issuer"), for value received, promises to pay from Special Session, August 15, 1983 the source and as hereinafter provided, on the maturity date indicated above to Item 9A, figure 1 ---- (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10 figure 1 --~ or registered assigns, the principal sum qf principal amount written outl Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, only upon presenta- tion and surrender hereof at the prin- cipal office of Bankers Trust Coni- pany, Des Moines, Iowa, paying agent of this issue, or its successor, with in- terest on said sum from the date hereof until paid at the rate per annum specified above, payable on May 1, 1984, and semiannually thereafter on the 1st day of May and November in each year. Interest and principal shall be paid to the registered holder of the bond a~ shown on the records of ownership maintained by the registrar as of the 15th day of the month next proceeding such interest payment date. This bond is issued pursuant to the provisions of Section 384.25 of the Ci- ty Code of Iowa, for the purpose of paying costs of constructing, reconstruction and repairing street im- provements; acquiring and installing traffic control devices and improvhig the municipal airport, in conformity to a Resolution of the Council of said City duly passed and approved. Ownership of this bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transf6r on the books shall occur only upon presentation and surrender of this bond at the principal office of the Registrar, together with an assignfnent duly executed by the owner hereof or'his duly authorized at- torney in the form as shall be satisfac- tory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, give 60 days' notice to registered bon- dhplders of such change. All bonds shall be negotiable as provided in Arti- cle 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to,the provisions for registration and transfer contained in the bond resolution. And it is bevy represented and cer- tiffed that all acts, conditions and things requisite, according to the laws and constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and in- terest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total in- debtedness of the Issuer including this bend, does not exceed the constitu- tional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this bend to be signed by the facsimile signature of its Clerk, and to be authenticated by the manual signature of an officer of the Registrar, Bankers Trust Company of Des Moines, Iowa. Mayor ATTEST: Clerk Item 11, figure i = Dated: __ Item 12, figure I --- This ia one of the bonds described in the within mention- ed resolution, as registered by Bankers Trust Company. Bankers Trust Company By Registrar Item 13, figure 1 = Registrar and Transfer Agent: Bankers Trust Com- pany. Paying Agent: Bankers Trust Company, Des Maines, Iowa Item 14, figure 1 -- (Seal) Item 15, figure 1 --- [Signature Block] City of Dubuque, Iowa By Mayor Attest: City Clerk Item 16, figure 2 -- It is certified that the following is a correct and com- plete copy of the opinion of bend counsel issued as of the date of delivery of the Special Session, August 15, 1983 issue of Which this bond is a part. City Clerk [Opinion of Bond Counsel] Item 17, figure 2 --- [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers un- to __ the within Bond and does hereby irrevocably constitute and appoint __ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the prewAses. The undersigned hereby authorizee to transfer this Bond on the books kept for registration of the within Bond, with full power of substitution in the premises and does hereby authorize said Registrar to note such ownership on the back of the bond in the space provided for that purpose and to deliver said bond to said transferee. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT -- READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certfficate{s) or bond(s) In every particular without alteration or enlargement or any change whatever. Signature guarantee should be made by a member or member organization of the New York Stock Exchange, members of other Exchanges having signatures on file with transfer agents or by a commer. sial bank or trust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee Address of Transferee Social Security or Tax Identification Number of Transferee Transferee is a(n): Individual~r Partnership Corporation __ Trust __ ~-If the bond is to be registered in the names of multiple individual owners, the names and addresses and social security numbers of all such owners must be provided. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Pay- lng Agent upon giving 60 days' writ. ten notice to each registered bon~ dholder. Section 12. Contract Issuer and Pur- chaser. This Resolution constitutes a contract between said City and the purchaser of the bonds. Section 18. Non-Arbitrage Covenants. The ISsuer reasonably ex- ~ects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage Bonds within the meaning of Section 103(c} (2) of the Internal Revenue Code of the United States, and that throughout the term of sdid Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or cir- cumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage Bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the Bonds to certify as to the reasonable expeeta- tion of the Issuer at that date. The Issuer covenants that it will treat as restricted yield investments any funds in the Sinking Fund for pay- merit of the Bonds in excess of 13/12ths of the annual principal and in- terest requirements of the then cur- rent year. "Restricted yield investments" are funds or investments which the Issuer covenants not to invest at a yield materially higher than the yield on the bonds as defined in the regulations issued under authority of Section 103(c) of the Internal Revenue Code of the United States. The Issuer covenants that it will ex- ceed any investment yield restriction provided in this resolution only in the event that it shall first obtain an opi- nion of resugnlsud bond counsel that Special Session, August 15, 1983 295 the proposed investment action will not cause the bonds to be classed as ar- bitrage bonds under Section 103(c) of the Internal Revenue Code or regula- tions issued thereunder. The Issuer covenents that it will pro- ceed with due diligence to spend the proceeds of the bonds for the purpose set forth in this resolution. Section 14. Severability Clause. If any sectio,, paragraph, clause or pro- vision of this resolution be held in- vali~ such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effec-: rive immediately upon its passage any approval Section 15. Repeal of Conflicting Resolutions or Ordinances. That all o~ dinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed, approved and adopted this 15th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Members Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klaesner, Kronfsidt. Nays--None. Communication of P & Z Commas. sion approving final plat for property located south of 4880 J.F.K. Road in Dubuque as requested by Clara Ege, presented and read. Council Member Beurekens moved that the communication be received and filed. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nnys--None. RESOLUTION NO. 215-83 Resolution Approving Plat of the Sub- division of Lot I of Lot 1 of the Southwest One-Quarter of the Southwest On.Quarter of the Nor- thwest One-Quarter of Section 10, Tow~sblp 89 North, P~mge 2 East of the Fifth Ptinclpai Meridian, Dubuque County, Iowa. WHEREAS, there has haen fried with the City Clerk a plat of the Sub- division Lot 1 of Lot 1 of the Southwest One-Quarter of the Southwest One-Quarter of the Nor- thwest One-Quarter of Section 10, Township 89 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa; and WHEREAS, said plat has been ex- amlned by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinnnces relating thereto, except that the proposed Lot 2 of Lot I of Lot 1 of the Southwest One-Quarter of the Southwest One-Quarter of the Nor- thwest One-Quarter of Section 10, Township 89 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa does not front on a public street; and WHEREAS, said plat has been ap- proved by the City Planning and Zon- ing Commission on the condition that said proposed Lot 2 of Lot I of Lot I of the Southwest One-Quarter of the Southwest One-Quarter of the Nor- thweet One-Quarter of Section 10, Township 89 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa cannot be developed ex- eept as part of another lat or lots which have frontage on a public street; and WHEREAS, said plat has been ex- amined by the City Council and they concur in the condition of approval established by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the abov~dascribed ~lat be and the sam~ is hereby apprev. ed and the Mayor and City Cisrh are hereby authorized and directed to ~n- darse the approval of the City of Dubu. que, Iowa upon said pla~ provided the owners of said property herein nameo~ execut~ their written acceptance hereto attached agreeing; a) That Lot 2 of Lot 1 of Lot I of Southwest One-Quarter of the Southwest One-Quarter of the thwest One-Quarter of Section Township 89 North, Range 2 East at the Fifth Principal Meridian, Dubuque County, Iowa shall not be developed except as it is made part ora oonform. lag lot whivh has public street frontog~ 296 Special Session, Augpst 15, 1983 Section 2. That in the event that the owner fails to execute the acceptance provided for in Section I herein with forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 15th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Acceptance of Resolution No. 215-83 I, the undersigned, Clara Ege, hav- lng read the terms and conditions of the foregoing Resolution No. 215-83, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa, this 22nd day of August, 1983. Clara Ege Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammol, Klauer, Klueener, Krunfeldt. Nays--Nuns. BOARDS AND COMMISSIONS: Elaetrical Examining Board -- One Term (for Journeyman) to Expire %12-84; Applicants: David J. Hammel, Michael M. Sisler; Council Member Beurskena voted for Hanunal, Mayor Brady voted for Sis]er, Council Member Deich voted for Sisler, Council Member Hammel voted for Haunnal, Council Member Klanar voted for Sisler, Council Member Klueener voted for Sislar, Council Member Kronfeldt voted for Hammel. Therefore, Michael Sider reappointed to the Electrical Examin- ing Bd. for a one year term to expire %12-84. Examining Bd. w,hich ~_ex]~n-e 7-!2-86 {One Engineer and one Member of the Public). Applicants: Engineer -- Steven Braun and William Mitebel~ Council Member Beurskens voted for Braun, Mayor Brady voted for Braun, Council Member Daich voted for Braun, Council Member Hammel voted for Braun, Council Member Klauer voted for Mitchell, Council Member Kinesner voted for Braun, Council Member Kronfeldt voted for Mitchell. Therefore, Steven Braun ap- pointed to the Board of Elec. Ex- aminers for a two year term (as Engineer) which will expire 7-12-85. Member of the Public -- Applicants: ~tichard F. Wagener and William Mit- cheil. Council Member Beurskena voted for Wagener, Mayor Brady voted for Mitchell, Council Member Deich voted for Mitchell, Council Member Hammel voted for Wngener, Council Member (iauer voted for Wagener, Council Vlember Khieener voted for Wagener, Council Member Kronfeldt voted for Wagener. Therefore Richard F. Wagener appointed to the Board of Elec. Examiners (Member of the Public) for a two year term which will expire 7-12-85. Two 3-yeer Terms to the Bd. of Elec. Examiners which will expire 7-12-86 -- One Maintenance and One Contractor; Maintenance - Applicants: William C. Weitnaur and Charles B. Oberembt. Council Member Beurskens moved that Weitnaur and Oborembt be ap- pointed. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Klauer, Klueener, Kronfeldt. Nays--Council Member HammeL Therefore, William C. Weitnaner & Charles B. Oberembt be appointed to three year terms on the Bd. of Elec. Examiners which will expire 7-12-86. Electrical Board of Appeals -- One l.Yeer Term which will expire 7-12-84 (Journeyman) Applicant: David W. Grotha Council Member Beurskena moved that Grotbe ha appointed. Seconded by Council Member Klueenar. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurckens, Deich, Hsmmel, Klanar, Klueenar, Kronfeldt. l~ays--Nune. Therefore, David Grotbe appointed to the Electrical Board of Appeals for a on~-yeer term which will expire 7-12-84. Two 3-Yeer terms which win Expire Special Session, August 15, 1983 7-12-86 -- Contractor and Maintenance -- Applicants for Con- tractor: Paul J. Uhlrlah and Donald H. Pfohl. Applicant for Maintenance: Walter H. Johnson. Council Member Beurskens voted for Uhlrich and Johnson; Mayor Brady voted for Uhlrich and Johnson; Council Member Deich voted for Uhlrich and Johnson; Council Member Hammel voted for Uhlrlch and Johnson; Council Member Klauer voted for Pfohi and Johnson; Council Member Kluesner voted for Uhlrich and Johnson; Council Member Kronfeldt voted for Uhlrich and Johnson. Therefore Paul J. Uhlrich and Walter H. Johnson appointed to the Electrical Appeals Bd. for a three year term which will expire 7-12-86. Two 2-Year Terms which will expire 7-12-85 -- Members of the Public -- Applicants: James A. Cosley and Donald H. Pfohl. Council Member Beurskens moved that Ceeley and Pfohl be appointed. Seconded by Council Member Kronfeldt. C/~rrled by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Klauer, Klueener, Kronfeldt. Nays--Council Member Hammel. Petition of St. Patrick's Church re- questing to transfer Class "B" Beer Permit to Veteran's Memorial Park from Sept. 3rd to Sept. llth (Softball Tournament), presented and read. Council Member Klauer moved that the petition to transfer be approved. Seconded by Council Member Beur- skens. Carried by the following vote:. Yeas--Mayor Brady, Council Members Beurskens, Deich, HammeL Klauer, Kiuesnar, Kronfeldt. Nays--None. RESOLUTION NO. 216-83 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Dennis J. & Sandra J. Zirkelbaeh Central Tap 1046 Central Ave. Iowa Oil U~iversity IOCO 2335 University Ave. Jeennlne'A. Kersch Idle Hour 1555 Central Ave. Passed, approved and adopted this 15th day of August, 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- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, "Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 217-83 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 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- plicante a Beer Permit. CLASS "B" BEER PERMIT Church of the Nativity 1225 Alta Vista St. (Also Sunday Sales) CLASS "C' BEER PERMIT Iowa Oil Co., University IOCO 2835 University Ave. (Also Sunday Sales) Iowa Oil Co., Jackson Street IOCO 1998 Jackson Street (Also Sunday Sales) M~ry M. Richardson OKY DOKY No. 14 1050 University Ave. (Also Sunday Sales) Passed, approved and adopted this 1§th day of August, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved 298 Special Session, August 15, 1983 adoption of the Resointion. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Klauor, Kluesner, Kronfeldt. Nays--None. RESOLUTION 218-83 WHEREAS, Applications for Li- qunr Licenses have been submitted to this Council for approval and the same have been examined and approved; end WHEREAS, The premises ~o be oc- cupied by such applicants were in- spected and found to comply with the State Law and ail City Ordinances relevant thereto and they have filed proper bends; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicante a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Thomas J. Schrobilgsn Borrell Tap 1121 University Ave. J. R. Bzinbrldge Ryan House 1375 Locust St. Dwnine D. Bowman Cue Master 841 Central Ave. (Also Sunday Sales) Mary L. Detainer El Toro 1445 Central Ave. Robert R. & Patrick C. Gross Sport Page 1700 Central Ave. (Also Sunday Soles) Shirley Kamentz Rainbow Lounge ~6 West Foorth St. Z~lla E. M~mgsno The ~22 Central Ave. (Also Sunday Sales) Passed, approved and adopted tins 15th day of August, 1983 James E. Brady Mayor ATTEST: Mory A. Davis City Clerk Council Member Klauer 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, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Commission of 7-22 & 8-1; Community Development Comm. of 7-12; Dock Comm. of 7-13; Five Flags Comm. of 7-18; Plumbing Board of 7-21; presented and read. Council Member Kluesner moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Klauor, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Harriet G. Love in unknown amount for personal injuries; Jeff Beecher in amount of $27.97 for personal property loss; Alfred M. Gatena in amount of $779 for personal injuries; Al Helm in est. mnount of $160 for car damages; Leone Rickea in unknown amount for injuries; Lillian Yagsr and Ray Yager in unknown amount for per- sonni injuries; Paul Horsfali, Mary Dohrer, John North, Tami Wood end Mary Coyle in unknown amounts for spray paint damages to their cars, pre- sented and read. Council Member Kluesner moved that the snits ~nd claims be referred to the Legal Staff for investigation and report. Seconded by Council Member Klauor. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kineener, Kronfeldt. Nays--None. Communication of Assistant City Attorney Blum advising appeal ~ed by Area Residential Care against the City of Dubuque has been dismissed, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluner, Klueenor, Kronfeldt. Nays--None. Special Session, August 15, 1983 Petition of Auleen Eberhardt, Direc- ter of Catholic Mothers Study Club Members and Executive Board, questing the Council not to collect the $1 fee vehicle admission to Eagle Pnint Park during the month of August, presented and read. Mrs. Eberhardt spoke to the Peti- tion. Council Member Klener moved that the petition be received and filed and that they waive the park fees for the rest of August and first week of September. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Council Member Deich, Klauer, Kluesner. Nays--Mayor Brady, Council Members Beurskens, Hammel, Kronfeldt. MOTION FAILED. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Councll Members Beurskens, Deich, Hammel, Klener, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Dennis Carthew and the Bait Bucket $75 on unexpired Cigarette Licenses; Chamber of Commerce $225 on unex- pired Class "B' Beer Permit; Judith Scinel $633.75 on unexpired Liquor License, presented and read. Council Member Kluesner moved that tl~e refunds be approved and the Finance Director to issue proper checks. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Conunun~cation of Attorney Dennis Naughton advising rights of Wayne M. Anthony and Wayne Motor Sales have been transferred and assigned to Herbst & Son, Inc. and advising Herb- st & Son, Inc. will be the Lessee of the pren~ses under the current lease, located south of and adjacent to the Firestone Tire and Rubber Co. Truck Center, presented and read. Council Member Kluesner moved that the communication be referred to the City Manager. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Dubuque County Institu- tionni Accounts requesting suspension of real estate taxes on one individual, presented and read. Council Member Kluesner moved that the petition be approved. Second- ed by Council Member Klauer. Carried by the following vote: t~ Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of HUD advising submission of Community Develop- ment Block Grant Jobs Bill funds ap- plicatinn has been accepted, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Benrskens, Deich, Hammet, Klaner, Klu~sner. Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims for month of June 30, 1983~ presented and read. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ~ng vote: Yeas--Mayor Brady, Council Members Beurskeas, Deicb, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. Communication of Iowa Dept. of Transportation advising spot cleaning and repainting of structural steel and full cleaning and repninting of the hand rails on Julien Dubuque Bridge will begin on August 15, 1983, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yoas--Meyor Brady, Council Mombers Beurskens, Deich, Hanunel, Klauer, Kluesner, KronfeIdt. Special Session, August 15, 1988 Nays--None. Petition of Dept. of Correction Ser- vices requesting the acquisition of the c~ty-owned property adjacent to 15th & Elm Streets for the purpose of con- structing a residential corrections facility to accommodate approximat~ ly 38 residents and staff, presented and read. Council Member Kronfeldt moved that the petition be received and filed. Seconded by Council Members Beur- skene. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Develop- ment Board advising map and reeolu- tlon approving annexation of "Four Mounds" has been properly filed, thus the annexation is hereby deemed final, presented and read. Council Member Kinesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kineener, Kronfeldt. Nays--None. Communication of Fire Chief Dun- phy submitting the Dubuque Fire Dept. Annual Report for Fiscal Year 1983, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of Counsel for KDUB-TV submitting Reply to Op- position to Petition for Waiver of Sec- tion 76.921g) of the Commission's rules before the FCC, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager ~ubmittlng response to petition of Sam Bechen of Embassy West, presented and read. Council Member Kinesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hannnel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting report regarding Inland Molasses blood drying odor problem, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by CoUncil Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hannnel, Klauer, Kineener, Kronfeldt. Nays--None. Communication of City Manager responding to noise complaint of Harold Helbing of 30 Ruby St., ~reeentod and read. Council Member Klauer moved that the communication be received and ill- ed and directed Staff to report back at the first meeting in October. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt, Nays--None. Jane Klein and JoAnn Shaw spoke to the Council. 9:31 P.M. Council Member Klauar moved to go into Closed Session to discuss strategy with Counsel in mat- ters that are presently in litigation. Seconded by Council Member Kronfeldt. Carried by the following voto: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kineener, Kronfeldt. Nays--None. 10:15 Council reconvened. Mayor Brady advised direction had been g~ven to Legal Counsel. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Klauer. Carried by the following vote: Special Session, August 15, 1983 Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved__198~ Adopted __1983 Mayor Councll Members ATTEST: City Clerk 301