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1985 January Council Proceedings INDEX -- BOOK 115 1985 SUBJECT PAGE Z Jan. 7--Zoning Change to C-6 Planned Comm. District at corner of JFK, Dodge & Wacker Dr. & Preliminary Development Plan .... 1 Jan. 14--Zoning Ordinance (New), Public Hearngs, Objections, Or- dinance, Resolution (enacted 3-25-85) .... 17, 18, 55, 111-I12, 125-217 Jan. 21--ZONING BOARD OF ADJUSTMENT SUBMITTING MINUTES: ......................................... 49, 119, 243, 270, 292, 336, 360, 378, 405, 479, 500, 544, 574, 593, 605 Feb. 18--Zirkalbacb, Dennis & Sandy, Class "C" Liquor License .... 82 Mar. 4--Zoning Fees, Official Schedule & for Temporary~Use, Adopted~ 112 Apr. 1--Zenner, Jan, resignation from Historic Pres. Commission... 243 May 6--Zoning Change - Conditional Uses in OR District, to allow for addition of certoln feed service estebllshraents to available uses. 278, 297 6--Zoning Change to allow an additional principal use. namely GROCERY STORES ................................. 298 May 20--Zoning Change, reclassifying property at 2774 University from R-2 Two Family Residential to C-1 Neighborhood Commercial District ............................................. 305, 326 " 20--Zoning Change from Cl Neighborhood Comm. to C-2 Neighborhood Shopping Center at 2417 & 2501 Rhomberg. 306, 326 " 20--Zoning Change, by enacting a new Section 3-3.5E to allow for certain temporary uses in the C-5 Central Business District. ................................................ 306, 327, 328 " 20--Zoning change, deletion from Section 8 the definitions of Per- sonal Services and Business Services .................... 330, 340 June 3--Zayre Corp., Cigarette Permit ...................... : .... 335 June 17--Zoning change re: deletion from Sec. 8 the definitions of Per- sonal Services & Business Services & also adding definition of TEMPORARY USES ........................ ........ 340 17--Zoalng change- Amending Code by reclassifying property lecated in the 3400 Block of Asbury Road from "R-4 Multi- Family Residential District" to "OR Office Residential District". ........................................... ........................................... 344, 363, 388, 406 17--Zayre's, Cigarette Permit .............................. 358 July 1--Zonlng ordinance amendment to provide for definitions of Grocerty Stores & Supermarkets ....................... ........................................... 344, 345, 363, 364 July 10--Zoning Ordinance change, re: Conceptual Development Plan for ID Institutional District of Clarke College ............... 380, 381 Sept. 16--Zoning requested re: 279-283 Clarke Drive (J. & N. Stock re- quest for P. Hearing etc., from R-2 to R-3) ............... 495 Oct. 21--Zoning change for 2730 Dodge St. from R-1 Single Family to C-3 Commercial District ............................... 542, 553 Nov. 18--Zoning change etc. at 412 Loras Blvd. from R-4 Multi-Family Residential District to OR Office Residential District ...... 566, 583 Dec. 16--Zoning change by reclassifying property at the south terminus of Richards Road Extension from AG to PR ............. 602 Regular Session, January 7, 1985 CITY COUNCIL OFFICIAL Regular Session, January 7, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Dalch, Hammel Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel William G. Blum. Absent at Roll Call--Council Member Manning. Mayor Brady read the call and stated this is the REGULAR MONTH- LY MEETING OF THE CITY COUN- CIL called for the purpose to act upon s~ch business which may properly come before the Council. Invocation was given by Dr. Egon W. D. Gerdes, Pastor of Grandviev Avenue United Methodist Church. Council Member Manning entered the Chambers at 7:32 p.m. Jerry Guy of the Durrant Group, Inc. spoke on the progress of the Dog Track Facility. Council Member Khiesner moved to suspend the rules to let anyone pre~ sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to establish a C-6 Planned Commercial District at the corner of J.F. Kennedy Road, Dodge Street and Wacker Drive, presented and read. There were no written objections ?eceiyed and no oral objectors present at the time of the Hearing. Council Member Hammal moved that the proof of publication be r~- calved and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- nor, Kronfeldt, Manning. Nays--None. 1 Mr. Brian Gutheing of the Durrant Group appeared in order to respond to any questions. ORDINANCE NO. 1-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE AMENDMENT OF OR- DINANCE NO. 59-81 WHICH ES- TABLISHED A C-6 PLANNED COMMERCIAL DISTRICT OF PRO- PERTY LEGALLY DESCRIBED THEREIN AND WHICH CONDI- TIONALLY APPROVED A PRE- LIMINARY DEVELOPMENT PLAN, PRESENTED AT THE COUNCIL MEETING OF DECEMBER 3, 1984, presented for final adoption. ORDINANCE NO. 1-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 59-81 WHICH ESTABLISHED A C-6 PLANNED COMMERCIAL DISTRICT OF PROPERTY LEGALLY DESCRIBED THEREIN AND WHICH CONDITIONALLY AP- PROVED A PRELIMINARY DEVELOPMENT PLAN. WHEREAS, by Ordinance No. 59-81 the City Council approved the request of Key City Development Company for reclassification of property therein described to C-6 Planned Commercial District subject among other condi- tions to submission of final develop- ment plans and substantial conformity with the approved Preliminary Devel- opment Plan; and WHEREAS, Key City Development Company bas filed an amended Pre- liminary Development Plan in accor- dance with provisions of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zen- ing Commission has held a public hearing on said amended Preliminary Development Plan pursuant to required published notice and has con- ditionally approved said amended Pre- liminary Development Plan having found said plan in conformance with the review standards applicable to such plans; and WHEREAS, the Planning and Zen- lng Commisdon has recommended the concurrence of the City Council in conditional approval of said a~nended Preliminary Development Plan; and WHEREAS, the City Council has Regular Session, January 7,1985 received the recommendation of the Planning and Zoning Commission and has held its own public hearing on said amended Preliminary Development Plan pursuant to required published notice and has conditionally approved said amended Preliminary Develop~ ment Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN~ CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 59- 81 be amended by adding a new Sec- tion 3. Thereof, as follows: Section 3. That the C-6 Planned Commercial District herein estab- lished is hereby additionally subject to the conditions established by the Planning and Zoning Commission on November 20, 1984 in the attached Addendum." 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 7TH DAY OF JANUARY, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this llth day of January, 1985. Mary A. Davis City Clerk It 1/11 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Comm~unication of City Manager submitting documents providing for construction of Bid Package "D" for the Dog Racing Facility, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dsich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. (Necessity For Improvement) RESOLUTION NO. 1-85 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- merit, and an estimate of the cost for the Dubuque Dog Racing Facility Bid Package "D" comprising of Contract #13 - Fencing, Contract #14 · Con· toured Bench Seating and Contract ~15 - Stadium Chair Seating. BE IT THEREFORE RESOLVED that the City Council deems it ad- vieable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideratinn of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived ali objections thereto. Said improvement shall 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 General Obligation Bonds. The above resolution was introduc- ed, approved and ordered placed On file with the City Clerk this 7th day of January, 1985. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 2-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT THE proposed Regular Session, January 7,1985 3 plans, specs, etc. for the DubUque Dog Racing Facility Bid Package "D" com- prising of Contract #13 Fencing, Con- tract #14 Contoured Bench Seating, and Contract #15 Stadium Chair Seating, with the probable cost of the improvement to be $147,000.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection, and are to be considered a part of this resolution. Passed, adopted and approved this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dsich, Hammol, Klues- ncr, Kronfeldt, Manning. Nays--None. (Fixing Date of Hearing and Autho- rizing Advertisement for Proposals) RESOLUTION NO. $85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- lice of the City Clerk for public inspe~ tion for the Dubuque Dog Racing Facdity Bid Package "D" comprising of Contract #13 - Fencing, Contract #14 - Contoured Bench Seating and Contract #15 - Stadium Chair Seating, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 4th day of February, 1985, a public hearing will be held at 7:30 p.m. in the Carnegi~ Stout Library Auditorium at which time interested persons may appear and be heard for or against the propos- ed plans and specifications, form of contract and cost of said improve- ment, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shah ha deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 2:00 p.m. the 31st day of January, 1985. Bids shall be opened and read by the City Clerk at said time and will be submit. ted to the Council for final action at a meeting to be held in the Carnegie- Stout Library Auditorium at 7:30 p.m. on the 4th day of February, 1985. Passed, adopted and approved this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 4.85 Resolution Providing for the Appoint- ment of a Legal Staff for the City of Dubuque, Iowa. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That in accordance with Chapter 2 Article III Division 5 of the Code of 4 Regular Session, January 7, 198~ Ordinances, City of Dubuque, the following shall be appointed as the Legal Department for the City of Dubuque for the purpose to perform the duties of said department as re- quired by State and Local Law, sub- ject however, to the right of the Coun- cil to declare such office vacant or removal therefrom at the pleasure of the Council with or without cause, and said individuals to be compensated as provided in the budget. CORPORATION COUNSEL Barry A, Lindahl CITY SOLICITOR William G. Blum ASS'T. CITY ATTORNEY Tim O'Brien Passed, adopted and approved this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hummel moved adoption of the Resolution. Seconded by Council Member Beurskens. Ca~ fled by the following vote: Yeas--Council Members Beurskens, Hummel, Kluesner, Kronfeldt, Man- ning. Nays--Mayor Brady, Council Member Deich. RESOLUTION NO. 5-85 (Resolution Naming Depositories) RESOLVED, that the City Council of Dubuque in Dubuque County, Iowa, ap- proves the following list of financial institutions to be depositories of the City of Dubuque funds in conformance with all applicable provisions of Iowa Code Chapters 452 and 453 (1983), as amended by 1984 Iowa Acts, S.F, 2220. The City Treasurer is hereby authorized to deposit the City of Dubuque fl~nde in amounts not to exceed the maximum approved for each respective financial institution as set out below. CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resointlan of the City Council adopted at a meeting of said public body, duly called and held on the 7th day of January, 1985, a quorum being present, ns said resolution remains of record in the minutes of said meeting, and it is now in full force and effect. Dated this 7th day of January, 1985. Mary A. Davis City Clerk Regular Session, January 7,1985 Counc'd Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klues- cer, Kronfeldt, Manning: Nays--None. RESOLUTION NO. 6-85 RESOLVED, that City of Dubuque utilize the services of the Dupaco Credit Union of Dubuque {"Deposi- tory'') for the deposit of public funds belonging to City of Dubuque, or coming into its possession, pursuant to a duly executed Agreement to Receive and Repay Deposits of Public Funds. The maximum amount which may be thus deposited without further approval of this Board and the Treasurer of State is $1,000,000.00. RESOLVED, that the following of- ficers are hereby authorized and directed to execute said Agreement, to execute and deliver signature authorization cards to Depository con- currently therewith, and to execute all drafts, checks and other documents, and correspondence regarding any ac- counts of City of Dubuque at Deposi- tory: Nme Office Term Expires A. G. Heitzman Gerald Hird Finance Director N/A N/A RESOLVED, that the officers described above are hereby authorized and directed to take such action, and execute such documents and agreements as may be necessary to secure the repayment of the deposits of public funds authorized hereunder including, but not limited to: Security Agreements, Bailment Agreements, Notices, and any documents or in- stcumente supplemental or incidental thereto. RESOLVED, that the Clerk forward a certified copy of this resolution to Depository, and any other parties which may request it for purposes of dfoctuating the deposit of public funds authorized hereunder or any security therefor, together with a cer- tificate attesting to the names and signatures of the present incumbents of the offices described above; and that the Clerk further certify to Depository or other parties from time to time the signatures of any suc- cessors in office of any of the present iacumbente. CERTIFICATE James E. Brady Mayor Dated this 7th day of January, ~985. Council Member Kluesner moved adoption of the Resolution, Seconded by Council Member Beurskens. Car- ried by the following vote: Ycas--Mayor Brady, Council Mem- bers Beur skens, Deich, Hanunel, Klues- net, Kronfeldt, Manning. Nays--None, RESOLUTION NO. 7-85 RESOLVED, that City of Dubuque ut'dize the services of the Dubuque Savings and Loan Association of Dubuque I"Depository") for the deposit of public funds belonging to City of Dubuque, or coming into its possession, pursuant to a duly ex- ecuted Agreement to Receive and Repay Deposits of Public Funds. The maximum amount which may be thus deposited without further approval of this Board and the Treasurer of State is $5,000,000.00. RESOLVED, that the following of- ricers are hereby authorized and directed to execute said Agreement, to execute and deliver signature authorization cards to Depository con- currently therewith, and to execute all drafts, checks and other docu~ments, and correspondence regarding any ac- counts of City of Dubuque at Depository: Nme Office Term Expires A. G. Heitzman Gerald Hird Finance Director N/A N/A 6 Regular Session, January 7, 1985 RESOLVED, that the officers described above are hereby authorized and directed to take such actinn, and execute such documents and agreements as may be necessary to secure the repayment of the deposits of public funds authorized hereunder including, but not limited to: Security Agreements, Bailment Agreements, Notices, and any documents or in- struments supplemental or incidental thereto. RESOLVED, that the Clerk forward a certified copy of this resolution to Depository, and any other parties winch may request it for purposes of effectuat'mg the deposit of public funds authorized hereunder or any security therefor, together with a cer- tificate attesting to the names and signatures of the present incumbents of the offices described above; and that the Clerk further certify to Depository or other parties from time to time the signatures of any suc- cessors in office of any of the present incumbents. James E. Brady Mayor Dated tins 7th day of January, 1985. Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Krunfeldt, Manning. Nays--None· RESOLUTION NO. 8-85 RESOLVED, that City of Dubuque utilize the services of the First Federal Savings Bank of Dubuque ("Depoci- tory") for the deposit of public funds halonging to City of Dubuque, or com- lng into its possession, pursuant to a duly executed Agreement to Receive and Repay Deposits of Public Funds. The maximum amount winch may be thus deposited without further ap- proval of tins Board and the Treasurer of State is $5,000,000.00. RESOLVED, that the following of- ricers are hereby authorized and directed to execute said Agreement, to execute and deliver signature authorization cards to Depository con- currently therew~th,)snd to execute all drafts, checks and other documents, and correspondence regarding any ac- counts of City of Dubuque at Deposi- tory: Name Office Term Expires A. G. Heitzman Finance Director N/A Gerald Hird Treasurer N/A RESOLVED, that the officers described above are hereby authorized and directed to take such action, and e~ecute such documents and agree- ments as may be necessary to secure the repayment of the deposits of public funds authorized hereunder in- eluding, but not limited to: Security Agreements, Bailment Agreements, Notices, and any documents or in- struments supplemental or incidental thereto. RESOLVED, that the Clerk forward a certified copy of this resolution to Depository, and any other parties winch may request it for purposes of effectuating the deposit of public funds authorized hereunder or any security therefor, together with a car- tificate attesting to the names and signatures of the present incumbents of the offices described above; and that the Clerk further certify to Depository or other parties from time to time the signatures of any suc- cessors in office of any of the present incumbents. James E. Brady Mayor Dated tins 7th day of January, 1985. Council Member Kluesner moved adoption of tbe l~esolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hanm~el, Klues- her, Krunfeldt, Manning. Nays--None. Communication of Joseph J. Bitter appealing denial of his request for Cer- tificate of Appropriateness for ins pro- perty at 485 Locust St. AND Com- munication of City Manager' submit- ting background information to Mr. Bitter's denial and requesting Council make a determination of appeal filed by Mr. Bitter, presented and read. Regular Session, January 7, 1985 Council Member Hammel moved that tins matter be delayed until th, January 21st Council Meeting. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner Manning. Nays--Council Members Deich, Kronfaldt. Connnunication of City Manager r~- questing approval of a contract with Delon Hampton and Associates for a structural study of the Keyline Bus Garage, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mnyor Brady, Council Mom- bars Beurskens, Deich, Hammel, Klues- nar, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 9-85 Resolution Authorizing the City Man- agar to Execute an Engineering Con- tract with Delon Hampton & Associ- ares, Chartered for Structural A~alysls of the Keyline Bus Garage. WHEREAS, an indepth study is necessary to determine the curren* structural integrity of the Keyline bus garage, and WHEREAS, the study is based on the City of Dubuque's desire to ensure that the building in which the employees work and the buses are stored is structurally sound, and WHEREAS, it is important to ad- dress any immediate and/or potential problem areas and outline any short and long range improvements that could be implemented to alleviate the problems, and WHEREAS, two reputable en- gineering firms have been inter- viewed to conduct a study, and Defon Hampton & Associates, Chartered, Reckville, Maryland, has been selected as the firm most qualified to perform this study. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City Manager be authorized to execute and direct an engineering agreement with Delon Hampton & Associates, Chartered, Rockville, Maryland, to perform the engineering services associated with the structural analysis of the Keyline bus garage. Passed, adopted and approved tins 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Krunfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Delch, Hammel, Kluesner, Kronfeldt, Man- Nays--Mayor Brady, Council Mem- ber Beurskens. Connnunicotlon of City Manager recommending acceptance of Bid Package "A" Contracts #1, Driven Pries, Dubuque Dog Racing Fac'dity, presented and read, Council Member Beurskens moved that the conununication be received and filed. Seconded by Council Mem- bar Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. (Accepting Improvement) RESOLUTION NO. 10-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Driven Piles, including Alternate #1 - Liquidated Damages has been com- dated and the City Manager has ex- amined the work and fried ins cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance; NOW, THEREFORE, BE IT RE- SOLVED by the City Counc'd of the City of Dubuque, Iowa, that the 8 Regular Session, January 7, 1985 recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is bereby directed to pay to the contrac- tor from the General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 7th day of January, 1985. James E, Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Fluesuer. Carried by the following vote: Ycas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- mr, Kroufeldt, Manning. Nays--Noue. (Final Estimate) RESOLUTION NO. 11-85 WHEREAS, the contract for the Dubuque Dog Racing Facility - Driven Piles, including Alternate #1 - Liqui- dated Damages has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates notices and inspection and all mis- cellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa: Section L That the cost of said ir~ provement is hereby determined to be $357,910.00 and that said amount shall be paid from the General Obligation Bonds of the City of Dubuque, low~ Passed, adopted and apprOved this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bsurskens moved adoption of the Resolution. Seconded by Council Member Fluesner. Cox- ried by the following vote: Yesu--Meyor Brady, Council Mem- bers Beurskens, Deich, Hammci, Flues, her, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Ordinance to clarify the definition of a kennel to include dogs kept for racing at the Dubuque Greyhound Park, presented and read. Council Member Bsurskens moved that tho communication be received and filed. Seconded by Council Member Dcich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bors Bsurskens, Deich, Hammel, Flues- ncr, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 24/5 AN ORDINANCE A~ENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION if) OF SECTION 7-16 THEREOF AND ENACTING A NEW SUBSECTION ~ OF SECTION 7-16 IN LIEU THEREOF PROVIDING FOR A DEFINITION OF A KENNEL, pre- sented and read. Council Member Beurskens moved that the reading just had be consid- ered the first reading of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel, Flues- ner, Kronfeldt, Manning. 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 with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Meyer Brady, Council Mem- bers Bsurskens, Deich, Hammel, Flues- her, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 2-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (f) OF SECTION 7-1~ THEREOF AND Regular Session, Janu~y 7, 1985 ENACTING A NEW SUBSECTION (f) OF SECTION 7-16 IN LIEU THEREOF PROVIDING FOR A DEFINITION OF A KENNEL 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 Subsection (f) of Section 7-16 thereof and enacting a new Subsection (f) of Section 7-16 in lieu thereof ~s follows: "See. 7-16. Definitions. (f) "Kennel" shall refer to a place of establishment where dogs or cats are kept or raised for the purpose of breed- ing, boarding, racing at a licensed pari- mutuel txack, exchanged or offered for sale to the general public and which are kept under constant restraint." Passed, approved and adopted this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 11th day of Jmmary, 1985. Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Flues- net, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Ordinance providing for s~op sign and yield sign modification which has been necessitated by the closing of the Cedar Cross Bridge, presented and read. Council Member Kluesner moved that the communication be received and filed. Seqonded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskene, Hammel, Kluesner, Kronfoldt, Manning. Nays--Council Member Deich. ORDINANCE NO. 3-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REVISING SECTION 25-210, SUBSECTION (b) OF SAID CODE PROVIDING THAT THOSE INTER- SECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP INTERSECTIONS", AND BY REVISING SECTION 25-212, SUBSECTION (b) OF SAID CODE PROVIDING THAT THOSE INTER- SECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "YIELD INTERSECTIONS", pre- sented and read. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Fluesner, Kronfeldt, Manning. Nays--Council Member Deich. Council Member Kluesner moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is t~ken, be dispensed with. Seconded by Council Member HammeL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt, Manning. Nays--Council Member Dcich. ORDINANCE NO. 3-85 A.N ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SECTION 25-210, SUBSECTION (b) OF SAID CODE PROVIDING THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP INTERSECTIONS", AND BY REVISING SECTION 25-212, SUBSECTION (b) OF SAID CODE PROVIDING THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "YIELD INTERSECTIONS." NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Code of Ordi- nances of the City of Dubuque, Iowa is hereby amended by enacting new subsections to Section 25-210 thereof, 10 Regular Session, January 7,1~85 as follows: "Sec. 25-210. STOP INTERSEC- 'lIONS. (b) Those intersections designated are hereby declared to be "stop inter- sections" for all purposes of this sec- tion. Vehicles bound in the direction indicated must stop before entering the designated intersection. EASTBOUND Frontage Road, South side of High- way 20 and Brunsk]ll Road Frontoge Road, South side of High- way 20 and Crescent Ridge NORTHBOUND Brunskill Road, and Frontage Road on the South side of Highway 20" SECTION 2. That the Code of Ordi- nance~ of the City of Dubuque, Iowa is hereby amended by enacting new subsections to Section 25-212 thereof, as follows: "Sec. 25-212. YIELD INTERSEC- TIONS. (b) Those intersections designated are hereby declared to be "yield inter- sections" for all purposes of this sec- WESTBOUND VEHICLES Starlight Drive and Crescent Ridge EASTBOUND VEHICLES Starlight Drive and Cedar Cross Road" SECTION 3. That the Code of Ordi- nances of the City of Dubuque, Iowa is hereby amended by deleting the fol- lowing subsections of Section 25-210 thereof, as follows: **Sec. 25-210. STOp INTERSEC- TIONS. (b) Those intersections designated are hereby declared to be "stop inter- sections" for all purposes of this sec- tion. Vehicles bound in the direction indicated must stop before entering the designated intersections. EASTBOUND Starlight Drive and Cedar Cross Road WESTBOUND Starlight Drive and Crescent Ridge" SECTION 4. That all ordinances or parts of ordinances in conflict w/th this qrdinance are hereby repealed. PASSED, APPROVED AND ADOPTED this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Dav~ City Clerk Published officially in the Telegraph Herald newspaper this llth day of January, 1985. Mary A. Davis City Clerk Council Member Klansner moved final adoption of the Ordinance, as amended. Seconded by Council Mem- ber Hammel. Carried by the fo]lowing vote: Yeas--Mayer Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt, Manning. Nays--Cnancil Member Deich. Communication of City Manager submitting Resolution providing for e~ecotion of engineering contract for design of the Cedar Cross Bridge, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Mem- ber HammeL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Manni~ng. Nays--Council Members Hammel, Kluesner, Kronfeldt. RESOLUTION NO. 12-85 Selection of Engineering Firm for Cedar Cross Bridge Design WHEREAS, the Cedar Cross Bridge was closed for traffic on December 4, 1984; and WHEREAS, the bridge prior to clos- ing was carrying more than 4,000 cars per day; and WHEREAS, the City Council at a work session on December 27, 1984 gave authorization to proceed with plans for reconstruction of the bridge; and WHEREAS, requests for proposals to engineering firms for design ser- vices were marled on December 28, 1984 and proposals were received on January 3, 1985; and WHEREAS, interviews were con- ducted with four engineering firms on January 4, 1985; and WHEREAS, the selection commit- tee interviewed four engineering firms Regular Session, January 7, 1985 11 to design the bridge and other road- way improvements associated with the bridge. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the City Council hereby selects I1W Associates, P.C. of Dubuque, Iowa, as the Engineering firm to design the Cedar Cross b~idge and associated approaches. Section 2. That the City Manager be authorized and instructed to negotiate and execute a contract with Associates, P.C. for design and con- struction services ~ssociated with the r~construction of the bridge and a~sociated improvements. Passed, adopted and approved this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Manning. Nays--Council Members Hammel, Kluesner, Kronfeldt. Communication of City Manager re- questing consideration and approval to provide financial assistance in the amount of $50,000 to Aba Sys., Inc., a local computer software development firm, presented and read. Council Member Beurskens moved that the communication be received and filed and request approved with the City Manager to negotiate the pro- per documents. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme], Kluec- mr, Kronfeldt, Manning. Nays--None. BOARDS AND COMMISSIONS: Human Rights Commission -- Three -3-Year terms to expire 1-1-88. Ap- pllcants: Robert W. Blok, Jr., Mat- thew Devlln, Kenneth Hindman, Ber- nard (Benny) Tigges. Vote on the appointments was as fo]lows: Mayor Brady voted for Blok, Hind- man and Tigges; Council Member Bcorskens voted for Blok, Devlln and Hindman; Council Member Ddich voted for Blok, Devlln and Hindman; Council Member Hammal voted for Blok, Devlln and Hindman; Council Member Kluesner voted for Blok, Devlin and Hindmun; Council Member Kronfeldt voted for Blok, Devlin and I-Iindman; Council Member Manning voted for Blok, Devlln and Hindman. Therefore, Robert Blok, Matthew Devlln and Kenneth Hindman ap- pointed to the Human Rights Com- mission for three year term to expire January 1, 1988. RESOLUTION NO. 13-85 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 se]l Cigarettes and Cigarette Papers within said City. Judy O'Counell and Kenny Roddick Cactus Lounge & Supper Club 2617 University Ave. Michael J. MeOovern & Joseph R. l~schen ltappy Hoar Tavern 55 Locust St. Passed, adopted and approved this 7th day of January, 1985. James E. Brady Mayor A~rEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammsi, Klues- ncr, Kconfeldt, Manning. Nays--None. RESOLUTION NO. 14-85 WHEREAS~ Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and 12 Regular Session, January 7, 1985 WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Iowa Oil Company IOCO Speede Shop 3200 Central Ave. (Also Sunday Sales) Passed, adopted and approved this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klues- her, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 15-85 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and ali City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIALI BEER AND LIQUOR LICENSE I~ward Johnson Company The Ground Round J.F. Kennedy (Also Sunday Sales) Phillip R. Love The Lounge Robert R. Gross Sport Page Jerry G. Turner Hawkeye Inn Stanley Robey, Jr. Hard Times Bar 1401 Elm St. Michael J. McGovern and Joseph R. Erscken Happy Hour Tavern 55 Locust St. Gomer's Bar 1105 University Ave. Passed, adopted and approved this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klues- ner, Kronfeldt, Manning. Nays--Mayor Brady on Gomer's only. Printed Council Proceedings for month of September, 1984, presented for approval. Council Member Kluesner moved that the proceedings be approved as printed. Seconded by Counell Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Airport Comm. of 12-11, Ad Hoc Dock Comm. of 12-19; Cable Community Telepro- gramming Comm. of 12-14; Report Committee of the Community Cable Telaprogramming Comm. of 11-5; Cable Regulatory Corem. of 12-21; Five Flags Comm. of 12-17; Housing Comm. of 12-18; Human Rights Comm. of 12-10; Keyline's compara- tive earnings statement for month of Nov. 1984; Historic Preservation Comm. of 12-11, presented and read. Council Member Kluesner moved that the minutes be received and filed. 481 Locust St. 1700 Central Ave. 925 Century Dr. Regular Session, January 7, 1985 13 Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klues- her, Kronfeldt, Manning. Nays--None. Chamber of Commerce submitting their report of services rendered in the first quarter of FY '85 for Economic Development Services, presented and read. Council Member Kluesner moved that the report be received and flied. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hummel, Klues- net, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: American Trust and Savings Bank va. the City of Dubuque et al submitting petition for foreclosure of real estate mortgage; Audio Techniques in amount of 51,696.37 for property damages at Five Flags; Thomas Benedict, in unknown amount for tire damages; Stephan G. Betz, in unknown amount for personal injuries; Ruth M. Herr, in unknown amount for personal injuries; Operating Engineer's Local No. 234 et al filing claim against contractor involved with construction of City of Dubuque 1984 Asphalt Paving Project; Mark F. Weldenbacher vs. various individuals and the City of Dubuque, tMrd-party defendants for personal and property damages, presented and read. Council Member Kluesner moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Reurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. Civil Aeronautics Board submitting Order requesting emergency interim carrier proposals for essential air transportation at various locations, presented and read. Council Member Khiesner moved that the order be received and filed. Seconded by Council Member Beur- skens. Carried by the foliowi~4; vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hummel, Klues- net, Kronfeldt, Manning. Nays--None. Communication of Julie Hickmanu expressing displeasure with tho park- kig ordinance adopted closing the First Level North of the Iowa Street Parking Ramp from 6 a.m. to 9 a.m., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskons. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Harnmel, Klues- net, Kronfeldt, Manning. Nays--None. Communication of Ruth Nash sug- gesting that the decision about park- hig meters in the Downtown Area should be postponed and considered as part of a comprehensive tourism plan, presented and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hummel, Klues- net, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Intent to file a request for release of Calendar Year 1985 Block Grant funds for mis- cellaneous projects, presented and read. Council Member Khiesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hanunel, Klues- net. Kronfeldt, Manning. Nays--None. Communication of Dubuque Stamp- ing and Manufacturing, Inc. reporting on their progress in accordance with the provisions of th(~r loan agree- ment, presented and read. Council Member Kluesner moved Regular Session, January 7, 1~ that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- ncr, Kronfeldt, Mamdng. Nays--None. Helping Services for Northeast Iowa, Inc. requesting funding for the coming fiscal year, presented and read. Council Member Flueaner moved that the petition be referred to the Budget. Seconded by Council Member Bcorskens. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Flues- ncr, Kranfeldt, Manning. Nays--None. David J. Arnold submitting Ms resignation from membership on the Cable Teleprogrumming Commission, presented and read. Council Member Flueanor moved that the communication be received and filed and resignation accepted with regret. Seconded by Council Member Beurskena. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- ret, Krunfoldt, Manuing. Nays--None. REFUNDS REQUESTED: Michael P. Bower $211.25 on unexpired Liquor License; James J. Flaner, $211.25 on unexpired Liquor Liquor License; San- dra L. Reimer, $211.25 on unexpired Liquor License, presented and read. Council Member Fluesner moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammei, Flues- ncr, Kronfeldt, Manning. Nays--None. Iowa DOT advising of their proposal to let an A.C.C. resorfacing project on Primary Road No. U.S. 52 on February 26th (project lies within the City and extends from Ruby St. nor- theriy to the Country Club entrance), presented and read. Council Member Klueaner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- anr, Kronfeidt, Manning. Nays--None. Petition of Dubuque Historic Im- provement Co. requesting vacation and sale of the south half of the alley between 5th and 6th Streets, lying parallel and between Locust and Bluff Streets, presented and read. Council Member Beurskans moved that the petition be received and fried and matter set for Public Hearing. Seconded by Council Member Kron- foldt. Carried by the following vote: Yeas--Mayor Brady, C00ncil Mem- hars Beurskans, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting resolution providing fur adoption of Supplement No. 22 to the Code of Ordinances, presented and that the communication be received and filed. Seconded by Council Member Beorskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Deich, Hammel, Flues- ner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 16-85 Adopting Supplement No. 22 to the Code of Ordinances of the City of Dubuque WHEREAS, under date of November 16, 1981 the City Council, pursuant to Ordinance 63-81, readopted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including March 10, 1981; and WHEREAS, since March 10, 1981 the City Council of tho City of Dubu- clue, Iowa, has adopted certain or- dinances amending the Code of Or- dinunces and said amendments have Regular Session, January 7,1985 15 been printed as supplements to the Code of Ordinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that sup- l~ements, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Supplement No. 22 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, lowa, from Mareh ll~ 1984 through September 17, 1984 printed by the Municipal Code Corporation Tallahassee, Florida, hereto filed in the Offiec of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, adopted and approved this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Fluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- ncr, Kronfoldt, Manning. Nays--None. Communication of City Manager subm/ttlng Resolution which approves a written Grievance Procedure r~- quired by recipients of Revenue Shar- lng Funds, presented and read. Council Member Fluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- her, Kronfoldt, Manning. Nays--None. RESOLUTION NO. 17-85 Adopting a Grievance Procedure for Handling Comphints of Alleged H~mdieap Diecrimination WHEREAS, the Office of Revenue Sharing requires recipients of Revenue Sharing Funds to adopt grievance pro- ecdures for equitably resolving com- plaints of alleged handicap discrimina- tion; and WHEREAS, the City of Dubuque, in conformance with the requirements, has prepared a grievance procedure which incorporates appropriate due process standards and provides for the prompt and equitable resolution of complaints. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the grievance pro. cedure attached hereto and made a part hereof, identified as Exhibit A, prepared in conformance with the r~gulations issued by the United States Office of Revenue Sharing, is hereby approved and adopted, Passed, adopted and approved this 7th day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskean. Car. tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Bcorskens, Deich, Harnmel, Flues- ner, Krunfeldt, Manning. Nays--None. Petition of Jim Conner requesting consideration be given to rectify the conditions at "The Mall" for handicap- ped persons, presented and read. Council Member Kluecner moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Flues- ncr, Kronfeldt. Manning. Nays--None. There being no further business, 16 Regular Session, January 7, 1985 Council Member Deich moved to ad- joarn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hanunel, Klues- ncr, Kronfeldt, Manning. Nays--None. Meeting adjourned at 9:43 p.m. Mary A. Davis City Clerk Approved__----1985 Adopted . __1985 Mayor Council Members ATTEST: City Clerk CITY COUNCIL Special Session, January 14, 1985 17 Communication of Geisler Brothers OFFICIAL Special Session, January 14, 1985. Council Met at' 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, De/ch, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Assis- tant City Attorney Tim O'Brien. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a PUBLIC HEARING TO CONSIDER AN OR- DINANCE ESTABLISHING COM- PREHENSIVE ZONING FOR THE CITY OF DUBUQUE. Proofs of Publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance establishing comprehensive zoning for the City of Dubuque, presented and read. Council Member Beurskens moved that the proofs be received and filed. Seconded by Council Member Man- hing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. Petition of DuMed, Ruegnltz Drug and Thompson Food Markets questing properties known as 805 W. Fifth St., 535, 537 and 539 Hill St. be classified as C-2 Neighborhood Sbopp- lng Center District; Petition of Geisler Brothers Co., 340 E. 12th St., re- questing all of their property be classified as HI (Heavy Industrial); Petition of Heitzman Construction Co., opposing proposed change in zon- ing from HI to CS for property known as 1290 Washington St. located on the SE corner of 13th & Washington St., Petition of Wesley W. Heitzman op- posing change in zoning to property known as 1395~1397 Washington and 264 E. 14th St. and the adjoining con- tractor's storage lot; Petition of Hob- bies Unlimited objecting to proposed zoning changes for property located at 1198 White St.; Petition of Clark W. Wolff objecting to proposed zoning changes for property located at 1302 Washington St. and surrounding lots; Co., submitting additional information to support their request for industrial zoning for property located between llth & 12th Streets and from Washington St. East to the City aney; Petition of Delos A. Dorweiler, questing Council to Zone property at 2105 J,F.K. Road back to O/S or at least let him keep his OR-1 zoning; Communication of representations of Tri-Coilege Cooperative Effort of Dubuque, objecting to the ordinance in its present form; Petition of Donald J. Herbst objecting to proposed down- grading the zoning of his property at 1200 East Washington St. from Heavy Industrial to CS Comrcarcial Service and Wholesale District; Peti- tion of Walser Movers Inc. objecting to proposed zoning of property bound- ed by llth, 12th St. and Washington; Petition of Robert G, Steichen re- questing to address the Council regar- ding proposed Zoning Ordinance; Clerk W. Wolff, Selco Inc., requesting negative response to proposed zoning ordinance with regards to property located at 1302 Washington St., presented and read. Council Member Beurskens moved that all petitions and communications be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Haramel, Klues- ncr, Kronfeldt, Manning, Nays--None. Council Member Deich moved to suspend the rules for public input for anyone to address the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- nec, Kronfeldt, Manning. Nays--None. Development Planner Bob McKay gave brief background and presented procedures to be followed for the even- lng. Clark Wolff, Douglas C. Pearce, Steve Hardie, Wesley Heitzman, Colin Nell, Tom Scboal, David Hartig, A1 Pline, John Henry, Robert Steichen, Bob Haler, Joe Koelker, George Freund, Sister Therese Machen, 18 Special Session, January 14, 1985 Wayne Norman, Doug Hilby, all ad- dressed the Council expressing various concerns contained within the proposed Ordinance. An ORDINANCE Establishing Comprehensive Zoning for the City of Dubuque, Iowa, and providing for the administration, enforcement and amendment thereof in accordance with the provisions of Chapter 414, Code of Iowa, 1983 and for the repeal of ali or- dinances in conflict herewith, presented and read. Council Member Manning moved that the Ordinance be recaived and fil- ed. Seconded by Council Member Beurskens. NO ROLL CALL TAKEN. Council Member Kronfeldt moved to reimpose the rules and close the public hearing for public input. Seconded by Council Member Hammol. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- her, Kronfeldt, Manning. Nays--None. Council Member Kronfcldt moved that Mr. McKay llst objections to text and zoning map and Council meet to discuss these matters on January 28th, 1985 at 7:30 o'clock p.m. Second- ed by Council Member Manning. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammol, Flues- her, Kronfoldt, Manning. Nays--None. Upon advice of Assistant City At- torney O'Brlen, it was agreed upon to hold another public bearing on or- dinance for that portion changing the Ordinance without approval by Plann- ing & Zoning Commission. There being no further business, Council Member Hammei moved to ad- journ this session to Monday, January 28, 1985 at 7:30 o'clock p.m. in the Public Library Auditorium. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- net, Kronfeldt, Manning. Nays--None. Meeting adjourned at 11:30 P.M. Approved Adopted Mary A. Davis City Clerk Council Members ATTEST: City Clerk 1985 1985 Special Session, January 21, 1985 19 CITY COUNCIL OFFICIAL Special Session, January 21,1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, City Solicitor William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is ealied for the purpose to act upon such business which may properly come before the Counc'd. Invocation was given by Rev. Robert Burns, Exchange Director at the Dubuque Rescue Mission. PRESENTATION: Esther Chi, on behalf of the Friendship Force of Dubuque, made a presentation regar- ding its mission to Poland and its ex- change to Holland. Jerry Guy of the Durrant Group, Inc. submitted a progress and status report of the Dog Track Facility. Communication of City Manager submitting an Ordinance providing for vacation of the southern half of the alley between Fifth & Sixth Streets, ly- lng parallel and between Locust and Bluff Streets, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammcl, Flues. her, Kronfeldt, Manning. Nays--None. An ORDINANCE Vacating the alley north of Fifth Street between and parallet to Bluff Street and Locust Street, presented and read. Council Member Kronfeldt moved that the reading just had be con- s/dered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hanunel, Flues- net, Kronfeidt, Manning. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- fled by the following vote: Yeas--Mayur Brady, Council Mem- bers Beurskans, Deich, Hammel, Flues- ner, Kronfeldt, Manning. Nays--None. Council Member Kronfeldt moved that a Public Hearing be set on the Or- dinance on February 4, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk be directed to publish notice in the manner prescrib- ed by law. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Flues- ner, Krunfeldt, Manning. Nays--None. Council Member Beurskens. moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskcus, Deich, Hammel, Flues- net, Kronfcldt, Manning. Nays--None. Dave L. Simon, Chairperson of the Human Rights Commission, submit- ted the Annual Report for Fiscal Year 1984. Council Member Kronfeldt moved that the report be received and filed. Seconded by Council Member Man- hing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- her, Krunfcldt, Manning. Nays--None. Resolution Approving plat of a vacated portion of the north side of Fourth St. beiween Iowa and Main St.; Ordinance Vacating a portion on the north side of Fourth St. between Iowa and Main Sts., Resolution Ap- proving disposal of and interest and sale thereof of above real estate to In- vestment Counselors, Inc. in the 2O SpecialSession, January21,1985 amount of $8,460; Resolution approv- ing contract for sale of Urban Renewal Parcel 4-2 and authorizing and dlrec- ting the Mayor to execute said con- tract on behalf of the City, (Project Deferred from Meeting of 11-5-84), presented and read. Council Member Kronfeldt moved that the project be removed from the table and refer this matter to the City Manager. Seconded by Council Mem- her Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Communication of Joseph J. Bitter appealing denial of his request for Cer- tificate of Appropriateness for his pro- perty at 485 Locust Street (Deferred from Meeting of 1-7-85), presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, FAues- her, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting background information to Mr. Bitter's denial and requesting Council make a determination of ap- peal filed by Mr. Bitter, AND Com- munication of Joe Bitter submitting background information relating to his matter pending concerning office building at 5th and Locust, presented and read. Council Member Hammel moved to receive and file the communications. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Krnafeldt, Manning. Nays--None. Carol and Joe Bitter both spoke to the Council, requesting Council to grant the proper variance needed for installation of the smaller window in their office building in the historic preservation district. Council Member Beurskens moved to deny Mr. Bitter's appeal. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Members Deich, Hammel. Janet Chidiey addressed the Council and submitted the proposal for Grant Funding for the Arts Groups. Janet Cindiey gave further clarification of the request. Donna Bauerly and Richard Robertson stressed the impor- lance of supporting the Arts. Council Member Manning moved that the City write a letter of intent in the specific amount of $10 to support the test grant. Seconded by Mayor Brady. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bet Manning. Nays--Council Members Ben_ur skens, Deich, Hammel, Kluesner, Kronfeldt. MOTION FAILED. Communication of Ruth Nash endor- sing the idea of setting aside a portion of the Hotel Motel Tax for the Arts; Communication of President, Dubu- que County Fine Arts Society, endors- lng the proposal to allocate a portion of the Hotel-Motel tax for the Arts and establish an Arts Commission to ad- minister the funds; Communication of Corresponding Secretary, Artscape, endorsing the concept of allocating a portion of the Hotel-Motel tax for the Arts, presented and read. Council Member Kronfeldt moved that the communications be received and fried and request0 referred to the Budget. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- ber Manning. Petition of Dubuque Jaycees re- questing to repal portions of Section 27-49 of the Code to allow beer in Washington Park between the hours of 4:30 p.m. and 6:30 p.m., presented and ready Dave Withee of the Jaycees clarified the request. Council Member Hammsi moved Special Session, January 21, 1985 that the matter be referred to the City Manager and the Legal Staff to make use of Washington Park by the Jaycees for one year trial period (with concerns included) and to bring back to the Council for further considera- tion. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dsich, Hammel, Klues- mr, Kronfaldt, Manning. Nays--None. Communication of' City Manager recommending approval of construc- tion of storage building in Marshall Park by the Arboretum Society, AND Communication of Planning and Zon- ing Commission approving site plan for the location of proposed storage building by the Dubuque Arboretum Society in Marshall Park and re- questing concurrence, presented and read. 21 ~flowa (the "Issuer"), is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act"), to issue revenue bonds for the purpose of financing the cost of acquiring, by cun- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of nay industry or industries for the manufacturing, processing or assembl- ing of any agricultural or manufae. lured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does maltistate business; and WHEREAS, the Issuer has been quested by Frommelt Partnership (the "Company") to issue its revenue bonds pursuant to the Act for the put- Council Member Hammel moved pose of financing the acquisition by ....... construction or purchase of an approx- that the commumcat~ons oe rece~veu ~ imatel 28 000 s uare foot bulldi and filed and concur with the ap- · y ' . q . ng' eqmpment and ~mprovements statable proval. Seconded by Council Member . ......... ~arr~ea oy the I for use as a warehouse/manufacturing vMao~:~ming' to an ex/sting facility to be Yeas--Mayor Brady, Council Mem- (the Lessee ) for the manufacture of bets Beurskene Deich, Hammsi, Klues- loading dock shelters, impact doors, ner, Krunfaldt, Manning. safety equipment (fire resistant Nays--None. Communication of Frommelt Part- nership requesting execution of Memorandum of Agreement for is- suance of Industrial Development Revenue Bonds, presented and read. Council Member Kluesner moved that the communication be received and filed, Seconded by Council Member Beurskens. Carried by the following vote: 'Yeas--Mayor Brady, Council Mem- bers Beurskena, Deich, Kluesner, Kronfaldt~ Mannlng~ Nays--None. Abstain--Council Member HammeL RESOLUTION NO. 18-85 A Resolution Authorizing the Execution of a Memorandum of Agree- merit with Frommelt Partnership. WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State fabrications) and other heavy textile products to be located at 4343 Cbuvenelle Drive within the Issuer (the "project"); and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provi- s/ohs of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such pur- pose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto be and the same is hereby ap- prov~ed and the Mayor is hereby authorized to execute said Memoran- 22 Special Session, January 21, 1985 dura of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agree- ment which constitutes and is hereby made apart of this Resolution to be in substantially the form, text and con- taining the provisions set forth in Ex- hibit A attaehod hereto. Section 2. Officials of the Issuer are hereby authorized to take such further a~tion as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque, Iowa, (the "Isaner"l and Frommelt Partnership (the "Com- 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (al The Issuer is authorized by Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- ctruction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does muitistate business. (b) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing re- quired by the Act and Section 103(k) of the Internal Revenue Code such bonds will be issued by the Issuer in a prin- cipal amount sufficient to finance the costs of the acquisition by construc- tion or purchase of an approximately 28,000 square foot building, equip- merit and improvements suitable for use as a warehouse/manufacturing ad- dition to an existing facility to be leas- ed to Frommelt Industries, Inc. (the "Lessee") for the manufacture of loading dock shelters, impact doors, safety equipment (fire resistant fabrications) and other heavy textile products to be located at 4343 Chavenelle Drive within the Issuer (the "Project"). (c) The Issuer considers that the ac- quisition and construction of the Pro- ject and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undert~ddngs on the Part of the Ieeuer. (a) The Issuer will beg~n, the pro- ceedings necessary to authorize the is- anance of such bonds, in an aggregate principal amount not to exceed $800,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing re- quired by the Act, it will cooperate with the Company in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall bo loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such hands, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agree- merit with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums suffi- clent to pay the principal of and terest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of Special Session, January 21,1985 23 the Issuer and the Company herein are ~abject to the condition that on or before one year from the date hereof (or such other date as shall be mutual- ly agreed to) the Issuer and the Com- pany shall have agreed to mutually ac- ceptable terms relating to the issuance and sale of such bonds· (b) The Company agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of*pocket ex- penses w~ch the Issuer may incur at its request arising from the execution of this Agreement and the perfor- mance by the Issuer of its obligation hereunder, whether or not such bond are issued. (c) All commitments of tho Issuel hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not con- stitute an indebtedness of the Issuer within the meaning of any constitu- tional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. D~h:ted this 21st day of January, 1985. Dubuque, Iowa By James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Frommelt Partnership By Paul J. Frommelt Council Member Klueener moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: · Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None· Abstain--Council Member Hummel. Communication of City Manager submitting amendment of Cox- solidated Annual Contributions Con- tract - Section 8 Existing Housing Pro- g~am, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 19~85 Resolution authorizing and directing the execution of annual contributions contract incorporating an additional 43 units section 8 existing program funds with 436 unit contract. WHEREAS, the City of Dubuque, Iowa (herein called the "Local Authori- ty'') proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein call the "Govermnent") with respect to any "Projects" as defined in the An- nual Contributions Contract and which at any time now or hereafter is mcorpoeated under the terms of such Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A " is hereby approved as ac. cepted both as to form and substance and the Mayor of Dubuque, lowa, is hereby authorized and directed to ex- eeute said contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the of-. fieial seal of the Local Authority on each such eonterpart and the City Manager is hereby authorized and directed to forward said executed counterparts, or any of them, to the ~overnment together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Govern. ment. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the con- text shall indicate another or different meaning or intent, shall be construea~ and are intended to have meaning as follows: l. The term "Resolution" shall mean 24 Special Session, January 21,1985 this Resolution. 2. All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Con. tributions Contrac~ Section 3, This approval is effective only if the Annual Contributions Con- tract term shall not expire prior to the final date of the existing term of the currently effective Annual Cont~bu- tions Contract between the Local Authority and the Government. Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Haromel, Klues- nor, Kronfeldt, Manning. Nays--None. Communication of Office of Plann- lng and Programming advising City has been awarded a Rental Rehabflita- tion Program award in the amount of $250,000 and Communication of City Manager requesting approval of a Resolution authorizing execution of a Contract for Iowa Rental Rehabilita- iJon Program Grant, presented and read. Council Member Beurskens moved that the communications be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 20-85 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH THE STATE OF IOWA FOR AN IOWA RENTAL REHABILITA- TION PROGRAM GRANT WHEREAS, the City Council ap- plied for City of Dubuque participa- tion in the Iowa Rental Rehabilitation Grant Program; and WHEREAS, the State of I0wa has committed to fully fund the applica- iJon in the amount of $250,000; and WHEREAS, the State of Iowa is of- fering a contract in substantially the form on file in the office of tho City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby approves the form and content of the proposed contract. Section 2. That the Mayor is hereby authorized and directed to execute the contract and any other required documents necessary to support the Section 3. That the City Manager is hereby authorized and directed to fo~ ward the executed contract in ac¢o~ dance with instruction from the State of Iowa, Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing authorization to submit a Letter of Intent to apply for selection in the National Main Street Center Ur- ban Demonstration Program, presented and read. Council Member Hammel moved that the communica- tion be received and filed and approv- ed authorization. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kinec- ner, Kronfeldt, Manning. Special Session, January 21, 1985 25 Nays--None. Communication of City Manager re- questing that the Mayor be authorized to execute a letter to Housing and Ur- ban Development which would ter- minate responsibility of the City to repay a $61,000 advance which would terminate responsibility of the City to repay a $61,000 advance which was received in September of 1958 for an Overpass that was to be located at E. 14th and Pine Streets, presented and read. Council Member Deich moved that the communication be received and filed and approved authorization. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending accepting of 1984 Asphalt Paving Project, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Coun- dl Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. (Accepting Improvement) RESOLUTION NO. 2P85 WHEREAS, the contract for the 1984 Asphalt Paving Project has been completed and the City Manager has examined the work and filed his cer- ~ficate stating that the same has been completed according to the terms of the contract, plans and specifications find recommends its acceptance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the Road Use Tax Fund, the Parking Depreciation Fund, and the Federal Revenue Sharing Fund in amount equal to the amount of his con- tract, less any retained precentnge provided for therein. Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. (Final Estimate) RESOLUTION NO. 22~85 WHEREAS, the contract for the 1984 Asphalt Paving Project has been completed and the City Engineer has submitted his final estimate showing the cost tbercof including the cost of estimates, notices, inspection, miscellaneous costs, and preparing the assessment and plat. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque: Section 1. That the cost of said ira- ~rovement is hereby determined to be $1,169,158.15. Section 2. That $542,900.33 of the cost thereof shall be assessable upon private property and $626,25Z82 shall be paid from Road Use Tax Fund, the Parking Depreciation Fund, and the Federal Revenue Sharing Fund. Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adop. tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by~tbe following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel, Kinec- Special Session, January 21, 1985 ner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 23-85 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1984 ASPHALT PAVING PRO- JECT, INCLUDING CERTAIN IN- FORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL IN- STALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and ac- companying plat shewing the assessments proposed to be made for the construction of the 1984 Asphalt Paving Project under contract with River City Paving, Inc. of Dubuque, Iowa which final plat was filed in the office of the City Clerk on the 16th day of January, 1985, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assess- ed and levied as a special tax against snd upon each of the lots, the respec- tive sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficien- des are found to be proper and are levied conditionally against the respec- tive properties benefitted by the im- provements as shown in the schedule, subject to the provisions of Section 384.63, Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty'five percent of the value of same. Said assessments shah be payable at the Office of the County Treasurer of Dubuque County, Iowa, and the same may be paid there in full or in part and without interest within thirty days after the date of the first notice of the final assessment schedule. That unpaid assessments of $50.00 or more shah be payable in ten equal annual installments and shah bear in- terest at the rate of twelve percent per annum from the date of the acceptance of the improvements; the first install- merit of each assessment, or total amount thereof if it is less than $50.00, with interest on the whole assessment from the date of acceptance of the work by the Council, shall become due and payable on July 1st, 1985; suc- ceeding annual installments, with in- terest on the whole unpaid amount, shah respectively become due on July 1st annually thereafter, and shah be paid at the same time and in the same manner as the September seml-annuai payment of ordinary taxes. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cer- tification once each week for two con- secutive weeks in the manner provided in Secthin 362.3, the first publication of which shah be not mor~ than fifteen days from the date of filing of the final schedule. The City Clerk shay also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Special Session, January 21, 1985 CITY OF DUBUQUE 1984 ASPHALT PAVING PROJECT IHGHLAND FARM REUTER PLACE Dennis G. & B.verly A. Larson 1-1-1 Norval George & Mary Ann Yeager 2-1 Norvv] George & Mary Ann Yeager 1-2-1-1 Norval George & Mary Ann Yeager 1-1-2-2 Donald F. & Mary E. Jungk 2-1-2-2 James C. & Jacqueline Welu 2-2-2 1-2-1-1.1-1-2 16.66 Int. 1-2-1-1-1-1-2 16.66 Iht. I-2-1-1-1-1-2 16.66 Int. 1-2-1-1-1-1-2 16.66 Int. 1-2-1-1-1-1-2 16.66 Iht, 1-3-1-1-1-1-2 16.66 Int. GISEL HIGHLAND PARK PLACE 47,970 36.730 14,280 539,680 38,600 43,630 42,270 70,150 42.960 56,790 40,080 76,850 58,490 47,990 44,690 HIGHLAND FARM CLOVER HILLS BLK 1 2 CLOVER HILLS BLK 2 44,360 40,830 40,830 40,630 40,830 42.920 61,860 81,220 50,240 49,260 54,960 42fl80 46,170 660,560 81,400 27 912.48 1,069.94 486.73 54.73 150.60 44.66 135.97 37.15 715.65 1,599.56 122.85 59.67 37.15 1263,82 6.854,47 20.43 60.62 103.66 52.73 232.86 232.88 232.88 232.88 232.88 232.88 950.15 637.37 950.15 183.19 71.93 38.48 729.24 130.93 30.59 4,668.67 3,039.47 28 Special Session, January 21, 1985 Special Session, January 21, 1985 29 Richard R. & Margery A. Gansemer Don H. & Arlene M. Streauslin Edward F. & Helen E. Heiberger Donald W. & Diane C. Leik John J. & Frances M. Nolan 2-1-2-1-1-1-1~1-2-3-1 45,230 747.58 Bruce W. &NoraP. Cottrell HILLCREST HEIGHTS BLK 5 1-8 46,410 43.99 20.37 JACOBSEN HILLCREST PI~,CE ALL 604,430 11,079.28 VORWALD PLACE NO. 2 1 215,150 3,901.71 21,590 ASBURY SPRINGS SUB NO. 4, BLK 4 Phi6ip A. & Martha F. Powers Lester N. & Harriett Schwinn 2-1 67,680 Kathryn Mettel 2 58,740 Gene R. & Katluyn A. Geisen 3 57,990 Gene R. & Katluyn A, Geisen E. ~-2-7 wi3 M,S. & Vera L. Pulis Cent: James L. & Linda M. Jerperlenner W. ~-2-7 59,830 M.S. & Vera L. Pulis Cent: James L. & Linda M. Jergerlenner 4 WIWVi-2-7 STECHER PLACE Anselma W. Meyer & Victor P. Stecher 1-1 Ambros6 H. & vivian Herkes 1-2-2-1 Lawrence E. & Mary Ann Wa~chter 2-1-2-1 JeEery R. & Brenda K. Hass 1-1-2-1 3,530 44,750 63,080 50,860 86,880 71,210 1.161.11 370.18 639.88 636.84 40.57 38.77 51.69 481.66 61.06 1,228.07 141.95 1,317.48 1,197.67 162.86 162.86 1,197.67 1,197.67 1,221.90 686.20 768.01 812.76 812,76 866.92 1,083.05 Ambrose H. & Vivlan L. Herkes TOTAL ASSESSABLE COST 1-2-2 66,760 1,086.65 2-2-2 52,950 817.61 POWERS PLACE 1-1-2 319,510 39.78 POWERS IRISH PLATEAU 1 52,440 895.52 2 13,260 251.09 3 16,900 57.01 POWERS FARM SUB. 2 160 38.73 71,268.56 263 CU. Yd. Excavation, unclassified @ $ 6.00= 2~024.00 TOTAL CONSTRUCTION COST $121.455.81 62,693.84 3,8S2.87 $36,456.21 Sesidentlal Assessments 30[40 x 118,058.94 x .7369169 x 50% 11,85% Engineerings Expense Total ResidentiaKAssessment 3,6,90.33 $34,832.35 40]40 x 118,058.94 x .2637837 x 100% 11.85% Engin~ring Expense Total Commercial Assessment 871,288.56 SUMMARY PROJECT COSTS CITY SHARE ASSESSABLE TOTAL Construction Cost $57,719.95 $63,735.86 $121,465.81 11.86% Engineer[nS Expense 6,899.81 7,592.70 14,392.51 Total $64,659~76 $71,286.56 $135,648,32 3O Special SesEion, January 21, 1985 1-1-3 1-1-1-2-14 2 2 4 6 0 7 6 9 SCENIC VIEW HEIGHTS NO. 2 BLK 2 Thongs J. & Katl~een M. Dougber ty Robert L. & Geralding S~nder Jerry P. & Linda Morgan SCENIC VIEW HEIGHTS NO. 2 BLK $ John F, & Gall M, Miller Glen F. & Irma A. Trizulro' SCENIC VIEW HEIGHTS NO. 2 BLK 1 370 Janet Groh EfferdtnS Janet Groh EfferdlnS Robert A, & Violet M. Millius Janet Groh E fferding Robert A. & Violet M. Mil~us Janet Groh Efferd/nS Robert A. & Violet M. Mill/us Harold C. & Dorothy M. Becker Richard R. & P. Allen D/rschel 2 4 5 7 726,810 996,130 53,540 42,780 36,690 39,390 54,430 43,940 64,750 36,340 39,400 65,120 4,600 74,640 86.610 64,030 63,540 53,040 1,816.99 1,839,60 1,000.71 1,099.85 1,082.12 1,073.18 1,120.52 173,72 337.52 77.78 286,28 3.49 708.71 3.21 56.42 925.87 1,886.35 848.07 288.79 2.37 23.32 276.50 93.00 8.38 86.72 670.44 1,089.52 977.52 Special Session, January 21, 1985 31 8 52,120 1,013.27 37,923.46 $36,093.10 30,636,36 3,630.43 $34,266,99 3.269.10 387.39 $3,666.49 SUMMARY - PROJECT COSTS FINLEY'S ADD, William J. & Monica Ann Lel~sch 2-102 52,830 110.94 Will/am J. & Moll/va Ann Lepsch 1-1-102 w/2-102 512.62 32 Special Session, January 21, 1985 Special Session, January 21, 1985 33 109 52,010 44,310 HILLCREST SUB Vincent P. & Quinta M. Jestice James J. & Joan M. Graber Karen Cogan Marie & CeceHa E8orhach 5 2-4 36,170 30,190 7OO 31,510 FINLEY'S ADD. Joseph H. Sr. & Alice R. Ranson O8ie & Lucdie A. Airhear t 2-24-118 50,690 41,790 30,540 6,080 40,410 47,910 35,320 KLEINSCHMIDT SUB 3 33,690 23,460 29,550 34,930 29,370 TOTAL ASSESSABLE COST 108 Cu. Yd. 5 Sq. Yd. 255 Ton 60 Ton 180 Ton 155 Gal, 15.2 Ton 247.5 Lin. Ft. 173.7 Sq. Ft. 25.09 Sq. Yd. 4 Each 1 Each 2,200 Sq. Yd. 128 Lin. Ft. 742 Lin. Ft. 12.5 L/n. Ft. 719,82 588.46 131.36 554.08 534,29 220.18 401,32 59E49 134.31 20.24 92.32 7E78 47.55 442.60 719.82 719.82 719.82 545.30 174.51 719.82 266.74 10.83 153.02 19.07 $21,819.69 Excavation, unclassified @ $8.00= 864.00 Sodding @ 5.00~ 25.00 A.C, Surface Coursa @ 41.00~ 10,455,00 A.C. L~veHng Course @ 42.00 ~ 2,520,00 A.T.B. Patch @ 40.00= 7,200.00 Prime Coat or Tack Coat @ 1.50= 232.50 TOTAL CONSTRUCTION COST Less City Share A~sessable Share 11.85% Engineering 12,993.60 1,536.78 $14,595.38 6,539.30 30130 x 32,476.49 x .2013548 x 100% $33,917.94 14,410.04 19,507.90 2,311.69 $21,819.69 774.91 $7,314.21 $21,819.59 SUMMARY - PROJECT COST Construction Cost 11.85% Engineering Exponse Total CITY SHARE ASSESSABLE TOTAL $14,410.04 $19,507.90 $33,917.94 1,707.59 2,311.69 4,019.28 $16~117.69 $21,919.59 $37,937.92 /~even & Kim Gourley Michael S. & Debra A. Wurl Michael S. & Debra A. Wurl W. 64'-S, 100'-39 29,260 843.83 E. 2'-S. 100'-39 28,100 26.35 39 434.34 BEITZEL PLACE 1 86,820 FINLEY'S ADD NICHOLAS PALENPLACE 1 38,790 HNLEY'S ADD 193.31 91.05 434,84 94.74 1,059.30 1,069.30 1,069.30 1,059.30 1,059,30 553.43 591.12 530.77 118.99 2,882.89 2,882.83 2,882.83 2,882.88 1,059.30 202.00 910.66 715.64 759.92 708.26 708.26 Special Session, January 21, 1985 8 4 5 6 1-7 I~L, 186 & 187 2-4 2-3 TOTAL ASSESSABLE COST 379 Cu. Yd. 117 Sq. Yd, 657 Ton 228 Ton A.C. Surface Caurs~ A,C, Leveling Course A.C. Hand Patchhlg Curb or Curb & Gutter, Rem. & Repl. 4" Sidewalk - Remove & Replace TOTAL CONSTRUCTION COST 3,889,98 33,308.04 ~sessable Share Total Assessable Amount SUMMARY - PEOJECT COSTS 32,220 25,020 38,260 37,8~) 25,060 97,950 19,984.82 2,368.20 22,353.02 49,275.32 48,403.42 3,652.03 29,473.00 890.44 799.80 $70,786.47 100,188.16 86,898.02 $68,260.14 7,496.33 $70.756.47 CITY SHARE ASSESSABLE TOTAL $36,898.02 $63,260.14 $100,158.16 4,372.41 7,496.83 11,868.74 $41,270.43 $70.756.47 $112,026.90 Special Session, January 21, 1985 FINLBY'S ADD I~L. 179 TAKOS PLACE 5,428,290 38,240 37,010 37,110 38,130 40,340 29,160 97,950 wll~P[5 40,160 61,120 59.920 bHLLS WEST DUBUQUE 40,980 35,870 81.740 33,670 54,520 39,080 36,610 76,010 35 140.97 370.22 90.84 640.47 89.73 784.03 71.22 748.42 748,42 587.60 7,285.44 425.86 447.80 799.75 799.75 799.75 799.75 799.75 799.75 799.75 7,261.22 1,167.56 985.88 311.19 85.85 28.52 28.52 28,52 28.52 17.11 11.41 22.81 5.70 28.52 49.66 36 Special Session, January 21, 1985 Special Session, January 21, 1985 37 MCFARLANE PLACE Donald J. & Alice T, Pet tit N. 99,8'-2 76,010 EDNA FERRIS SUE Jorold A. Strein~ 1 51,840 Bo~r P. Dolan 2 43,930 Roger P. Dolan W. 35'-3 w/2 Michael J. & Els/e A. Kenny E. 40'-3 w/4 Michael J. & Els/e A. Kenny 4 58,010 MILLS WEST DUEUQUE Robert A. & Evelyn E. Miller 2-2-20 Robert A, & Evelyn E. Miller 1-1-1-21 32,240 S~NIOR SUB WOODI~_WN PARK ADD Ralph W. & Ruth E. Sharnau 71 Ralph W, & Ruth E. Sharnau 72 Gregory J. & Mamna E. Stover 73 Lester C. & Ruby D, Leubka 2-79 Lestsr C. & Ruby D. Leublm 80 Larry W. & Charlotte A. Hansen 122 HOSEDALEADD. 34 LyrmW.& Lynn A. Swith TOTALASSESSABLECOST 41,540 36,320 46,830 wl2-79 29.310 33,980 44,520 33,050 32,840 48,510 36,990 42,000 872 Cu. Yd. 23 Sq. Yd. 825 Ton 196 Ton 769.6 Ton 50O Gal, 36.46 Ton 306.8 Lin. Ft. 32L34 Sq. Ft. 7.8 Sq. Yd. 8 Each 5 Each 7,017.2 Sq. Yd. 199 Lin. Ft. 1,254 Lin. F~ 149 Lin. Ft. 2 Each 2 Each TOTAL CONSTRUCTION COST 43,380 49,66 326,49 1,066.56 465.47 531,96 12.24 87.92 2,076.51 262.78 659.11 856.78 958,61 695.55 695.55 695,55 649.93 695.55 91.95 501,22 208.25 397.16 69.00 345.83 382.42 225.64 801.70 138.00 422.90 71,05E59 Excavation, unclassified @ $8.00= 5,376.00 Sodding @ 5.00= 115.00 A,C. Surface Course @ 41.00~ 33,825,00 A,C. Leveling Course @ 42,00= 8,190.00 A.T.B. Patch @ 40.00 = 30,784.00 TOTAL CONSTRUCTION COST Less City Share Assessable Sharo 11.85% Engineering Expense 108,559.75 45,033.96 63,525.79 7,527.80 $71,053.59 24,827.29 2,942.03 27,769.32 40/40 x 104,904.60 x .3688923 x 100% 11.85% Engineering Expense 38,698.50 4,585.77 43,284.27 $71,053.59 SUMMARY - PROJECT COSTS Construction Cost ll.85%EngineeringExpense Total CITY SHARE ASSESSABLE TOTAL $45,033.96 $63,525.79 $108,559.75 5,336.52 7,527.80 12,864.32 $50,370.48 $71,053.59 $121,424.07 Ronald & Linda Ruden Richard A. Polsesn David H. Althaus Mark D. & Mary Kleiner 1-1-1 E. 291.8-2-2 SE ¼-SE ¼-Sec. 21 T89N R2E 5 P.M. OAK BROOK SUB BLK 2 2 3 4 144,470 29,860 64,230 49,690 52,440 40,900 OAK BROOK SUB BLK 1 47,000 44,480 42,800 43,470 FALK'S SUB 65 62 49,480 1,070 57,480 w/62 60,550 52,990 BROWNPLACE2 24 1-1 19,570 148,350 4,035.60 5,628.22 4,214.72 2,250.79 144.87 82.44 874.59 786.97 472.19 472.19 580.54 178.08 607.57 196.03 71.74 37.02 8.73 848.38 53.03 195.13 70.91 33.27 49.77 31.40 5,926.07 5,805.46 38 Special Session, January 21,1985 M.L. 257 2-2-1-1-1-1 CHURCHILL HGTS~ BLK 7 70,970 99,340 M.L. 257 Win, D. Walz & F.J. Anthoine 1-1-1-1-4 185,700 LENNOX ADD, 257 313.32 824.26 51.43 40.73 49.01 824.29 51.43 190.21 76.97 25.23 3.40 27.66 826.62 498.67 497.57 T. Edwin & Edna H. Winders 50.88 103.21 2.22 10.26 9.96 237 53,260 416.93 1-233 wi237 138.81 MOLO PLACE NO. 3 2 ~OWN'S PLACE 59,970 41.17 807,69 $43,680.97 Special Session, January 21, 1985 322 Cu. Yd. 15 Sq. Yd. 768 Ton 202.5 Ton 9 Ton 517,5 Ton 405 Gal. 15.05 Ton 83 Lin. Ft, 40.8 Sq. Ft. 18.06 Scl. Yd. 7 Each 7,040 Sq. Yd. 103 Lin. Ft. 220 Lin, Ft. 1,007.4 Lin. Ft, 96.4 Li~Ft. 34.7 Lin. Ft. 2 Each 2 Each 2 Each 4,011.44 47,613.34 TOTAL CONSTRUCTION COST Less City Share: Traffic Tape Construction Total City Share Assessable Share 11.88% Engineering Expense Total Assessable Amount 28,568.00 9,591.12 $10,727,66 40/40 x .1118205 x 85,772.46 x 100% 11.83% Engineering $42,680.97 TOTAL Assessable Amount SUMMARY - PROJECT COST: $39,783.90 CITY SHARE ASSESSABLE TOTAL $51,624.78 $88,159.12 $89,783.90 6,117.54 4,521.85 10,639.39 $57,742.32 $42,630.97 $100,423,39 2,588.39 1,216.93 664.52 664.52 1,329.27 L329.27 1,329.27 1,329.27 L329.27 1,329.27 398.80 398.80 531.66 L329.27 Special Session, January 21,1985 TWIN SISTERS ADD. Mary E. Wissel 372,23 957.04 210.71 1,552.33 1,088.60 1,466.44 1,669,90 545.66 868.99 138.45 601.65 776.47 1,334.17 673.98 674.64 675.71 677,57 1,355.64 1,260.96 1,357.47 2,29L67 1,814.55 2,201.47 990,84 371.07 60.37 821.62 150,84 TOTAL CONSTRUCTION COST 11.85% Engineering Expense · $66,304.46 216.00 180.00 14,575.50 5,565.00 2,500.00 600.00 419.60 7,576.25 570.08 570.08 556.83 795.00 $50,339.26 5,965.20 $56,304.46 Special Session, January 21, 1985 SIDONIA HOSFOED'S SUB 41 HAMP PLACE 2 894,760 87,550 Finley Home Add. 2,538.96 757.68 977.70 127.54 326.27 82.97 372.24 329.51 4,053.74 9,625.87 2,561.97 9-2-1-1~1-1-2-2 8,438,960 61.39 2-1-I-1-2-2 44,800 643.29 2-I-1-2-2 w/2-1-1-1-2-2 68.39 FINLEY HOME ADD, Finley Hospital 1-1-I 8,438,930 Finloy Hospital 2-1-1 w/l-l-1 Uoiversity of Dubuque 1-1-2-1-2 80,930 Ivan E. & Anita M. Wolf 2-1-2-1-2 35,760 Ivan E. & Anita M. Woff 1-I-1-2 w12-1-2-1-2 1,710.41 53,26 46,90 840.26 840.26 840.26 840.26 921.76 58.62 631.40 284.36 University of Dubuque N. 13'-N. 18'-2-3 w/2-2-i-2 53.62 Lffiian A. Finzel S. 5' - N. 18'-2-9 37,130 11.88 MINK SUB 764.91 764.91 897.16 42 Special Session, January 21, 1985 MULGREW SUB PARKWAY PLACE 49,430 51,860 Mary V. Keppler Cant: Roger & Kathy Loewenberg 2-2-2-8 24,830 Loyal A. Nelson 2-1-1-7 30,900 Lawrence Raymond & Mary Alice Thissen 1-2-2-1-7 36,340 Robert Laverna & Debts Ma/Janzen 2-2-2-24-7 29,180 John E. & Eleanor D. Ward 1-2-2-2-1-7 19,080 NEWBERRY AND HALES Donald J. & Margaret M. Hayss 23 42,020 James J. & Catharino Ashland 22 53,940 John & Helena ~nzal Cant: Jaf fery & Pamela Davis 2-10 wi9 John & Hdena Finzel Cant: William N. Co21ngs 1-8 36,330 Art & Mary Ann Slosch W. 98.1' S. 39.9' KUEHNLESSUR Raymond R. & Loretta E, Steinho f f W, 28' N. 9'2"-2 40,300 Art & Mary Ann Blosch E. 72' N. 9'2"-2 w/N.38.1'-S. 49,780 200.30 330.32 1.169.79 490.24 311.72 180.87 111,99 110,99 370.18 789.92 1,159.48 995.49 728.I7 63.31 416.61 237.46 119.46 96.77 39.24 5.32 63,46 11.26 66.75 56.59 32,62 13.60 31.89 407.70 91.29 310.93 28.61 73.79 771.79 771.79 1,130.24 142.73 Special Session, January 21, 1985 T.S. NAIRNS SUB 41,170 JULIA LANGWORTHY'S ADD S M. LANGWORTHY'$ SUB. Terrance James & Shells Blahs Su0ivan S. 16.5'10 39,310 J, Wm. & Maxlno C, Connolly N. 36'-10 36,410 IV~S. L.H. LANGWORTHY'S SUB Charles R. Jr. & Sally S. Naylar E. 80'-7 Virginia Schcemaker Kapp W. 83'-7 Dr. R. Lyndsey & Susan Campbell 2,6 Paul J. & Mary Ann Fitzgerald 1-6 Paul J. & Mary Ann Fitzgerald 2-6 Dr. R. Lyndsey & Susan Campbell 1-5 83,730 63,340 97,760 77,590 JULIA LANGWORTHY'S ADD James E. & Janet L. Sl~den I 193,960 Jamos E. & Janot L. Spoden 2 w/1 James E. & Janes L. Spoden 3 wll Clarence G. Halullton N. 75'-4 47,000 Hits M, Walsh 25 52,410 Phillip Thomas & Mary A. Meyers 24 41,780 Richard F. Roepsch W. 5~'-23 852,890 43 114.12 22.82 98.14 13.29 63.94 133.50 286.08 524.48 1,382.71 1,390.04 1,360.04 615.88 226.06 67.53 53.62 24.23 52.99 150,86 1,039.89 713.16 339,86 819.68 901.38 21.86 170.40 139.76 912.32 781,04 781.64 781.64 36.58 48.93 167.90 809.77 809.77 1,222.48 436.62 123.81 77.38 1,552.80 1,494.96 1,549.36 428.80 2,532.97 862.30 862.30 862.30 243.56 84.73 317.66 236.52 Special Session, January 21, 1985 PAULINE I~NGWORTHY~S Mary B. Cholmers 1-1-1-1-4 115,970 Frank D, Gilloon Jr. SV~-2-1-4 68,860 Frank D, Gilloon Jr. W. 40'-S~/to~4 w/8¼-2-1-4 DEMING & HORRS SUB Ber~adine M. McGrath N, 4T-20 45,510 Thomas J. & Judith A. Smith S. 3'-20 56,500 Thomas J. & Judith A. Smith 19 wlS. 3'-20 Donald & Mary L. Fishier 18 40,130 Ronald D. & Janice J. Drish 17 2,980 MCCOY~S SUB TOTALASSESSABLECOST 479 Cu. Yd. 485 Sq. Yd. 1,072 Ton 464.5 Ton 13 Ton 722.2 Ton 1,230 Gal. 129.08 Ton 2~553.7 Lin. Ft. 766.8 Sq. 79.2 Sq. Ft. 20.07 Sq. Yd. 15 Each 6 Each 11,813 Sq. Yd. 322.50 623.48 850.11 2,375.17 764.76 88.46 171.18 608.06 588.26 262.16 635,48 184,93 840,26 1,072.56 197.75 969.84 Special Session, J~nuary 21,1985 SUMMARY - PROJECT COST: CITY SHARE ASSESSABLE 2-36&37 38 69 4O 42 1-43 45 46 48 49 50 2-61 77,790 7,280 w/39 w/39 91,690 7,750 73,870 w]46 72,370 50,820 w/49 COOK & ALLEN PLACE 2 1-1 46,140 37,950 50,050 72,870 46,580 172.50 795.00 626.00 349.88 870.00 $178,558.99 78,461.48 $100,127.51 11,865.12 $111,992.63 $111,992.63 TOTAL $178,558.99 91,159.25 $199,718.24 1,520.25 1,267.34 651.26 659.46 1,336.12 1,230.66 1,521.33 660,75 440.65 1,186.20 231.54 1,558.01 1,569.45 1,501.69 29.13 1,366.17 365.98 SpecialSession, January21,1985 LEE'SSUB William H. Elizabeth G. Smith Dane E. & NicoleUe H. Snfith FAUTSCH PLACE 2 FOREST VIEW 2-7 6 8 2-4 3 2 Less Deficiency 85,050 6,610 83,910 81,270 84,950 74,760 80,580 97.810 80,980 137,350 81,400 2,590 KOEEPERICK'S SUB Robert J. Lundin 1 52,710 Jeanelie D, Page 2 53,940 Justin R. & Charlene K, Driscoll 3 71,500 TOTAL SPECIAL ASSESSMENTS Less Deficiency Assessment Net Special Assessment FALDORF'SPLACE 2-2-1-1-1 w/6 Forest View w/l-7 Forest View w/l-7 Forest View $8,00= 42.00= 100.00= 40.00= 47.50= 13.25= 27.80= 190.00= 230.00= 6.28= 55.00= 198.40= 130.00= 33.50= 75.00= 2,441.68 1,610.88 1,427.89 2,160.37 2,597.54 2,843.56 2,525.55 2,688.46 358.40 2,603.89 3,349.68 3,035.93 1,431.48 362.74 144.15 75.31 14.67 241.90 200.69 207.38 147.61 120.41 59,080.58 1,604.45 $57,476.13 978.00 745,00 13,530.00 6,300.00 735.00 246.40 0,759.63 153.73 939.92 920.00 2,460.00 173.85 251.20 364.96 55.00 198.40 260.00 67.00 596.50 Special Session, January 21,1985 TOTAL CONSTRUCTION COST 11.85% Engineering Expense Lighting Equipment Cost 52,289.87 6,196.35 Subtotal 58,486.22 594.36 $59,080.58 SUMMARY - PROJECT COSTS 3,491,56 40,798.31 413.75 5,782.60 8,905.31 54,880.91 594.30 -0- 4,499,67 54,580.91 $59,080.58 Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfe]dt, Manning. Nays--None. Special Session, January 21, 1985 An ORDINANCE Amending the Code of Ordinances by enacting a new reference to Fourth Street as listed in Parking Meter District B in Section 25-326 in lieu thereof providing for the inclusion of Fourth Street in Parking Meter District B AND An OR- DINANCE Amending the Code of Or- dinances by repealing reference to Fourth St. as listed in the two-hour time zone in subsection (c) of Section 25-257 thereof providing for restricted parking on Fourth St., presented and read. Council Member Kronfeldt mov- ed that tha Ordinances be removed ~rom the table and changes denied. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel Lindahl submitting his pro. peeal for the costs related to the maintenance of the Legal Dept. and re- questing Council concurrence, presented and read. Council Member Hammal moved that the communica- tion be received and filed and concur with the proposal. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. BOARDS AND COMMISSIONS -Historic Preservation Commission -One term to expire 6-29-87 (must be from W. llth St. area). Applicant(s): Jeffrey P. Mozena. Council Member Kronfeldt moved that Mr. Mozena be appointed to the Histroic Preservation Commission for a term whlch will ex- pire 6-29-87. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beur skens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 24-85 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 thp City of Dubuque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Vendors Unlimited Corporation Union Bus Station 485 Central Ave. Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the fo}lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 25-85 WHEREAS, Applieations 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 bond; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fo}lowing named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Kopps Market Kopps Pl~za 20 (Also Sun- Inc. Fc~ds (d~y Sales) 2600 Dodge St. Rabert A. Mehrl Milk House (Also Sun- Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Special Session, January 21, 1985 Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klues- net, Kronfaldt, Manning. Nays--None. RESOLUTION NO. 26-85 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- ~ected and found to comply with the State Law and all City Ordinances relevant thereto and thay 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 appli- cant{s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Hobert Spiegelh~lter The Club Hous~ 2364 Washin~n St. Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. Printed Council Proceedings for months of October and November, 1984, presented for approval. Council Member Kronfeldt moved that the proceedings be approved as printed. Seconded by Council Member Mann- ing. Carried by the fo}lowing vote: Yeas--Mayor Brady, Council Mem- hare Reurskene, Dalch, Hammel, Klues- ner, Kronfaldt, Manning. Nays--None. MINUTES SUBMITTED: Ad Hoc Dock Commission of 1-2; Promotion Committee of Cable Teleprogramming of 12-5 & 1-3; Cable Community Teleprogrammlng Comm. of 1-8; Com- munity Development Comm. of 1-8; Dock Board of 12-13 & 1-8; Electrical Examining Bal. of 1-8; Mechanleal Bd. of 1.8; Park & Recreation Comm. of 12-11 & 1-8; Planning and Zoning Comm. of 10.10, 10-24, 11-7, 11-20, 11-28, & 12-5; Public Library Board of 12-18; Zoning Bd. of Adjustment of 10-18, 10-29, 11-13 & 12-13, presented and read. Council Member Kronfeldt moved that the n~nutea ha received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dalch, Hammel, Klue~ ncr, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS & SUITS: Bernard Bedtka et ux in amount of $500 for property damages; Harold J. Frommelt in amt. of $91.52 for car damages; Ben W. Meyer vs. City of Dubuque in amount of $3,000 for pe~ sonal injuries; Peter J. & Elizabeth Taken in undetermined amt. for pro- party damages, presented and read. Council Member Kronfaldt moved that the cl~hns and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel recommending settlement of property damage claim of Pamela Flat- tery in amount of $107,55; Personal in- jury claim of Ora Ryan in amount of $94, .presented and read. Council Member Kronfeldt moved that the communica[~ons be received and filed and settlements approved with Finance Director directed to issue the proper checks. Seconded by Council Member Manning. Carried by the Special Session, January 21,1985 following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Harnmel, Klues- ncr, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel recommending denial of the following claims: Personalinjury claim of Helen Buss; Property damage claim of Vickie Ann Donar; Personal injury claim of Linda Lanham; Personal in- jury claim of Patti Jo & Donald Schumacher; Property damage claim of Carol Spahn, presented and read. Council Member Kronfeldt moved that the communications bo received and filed and denials approved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. REFUNDS REQUESTED: Benedict F. Erschen, $211.25 on unex- pired Liquor License; Sandi Smith, $50 on unexpired Cigarette Permit, presented and read. Council Member Kronfeldt moved that the petitions be approved and Finance Director directed to issue the proper check. Seconded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Bcarskens, Delch, Haramel, Klues- ncr, Kronfoldt, Manning. Nays--None. January 16, 1985 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1983 Code of Iowa, the Civil Ser- vice Commisaion conducted written examinations on November 1, 1984 and Physical Agility tests on December 17, 1984 for the position of Firefighter-Entrance Level. We hereby certify that the following individuals have successfully passed beth the written and physical agility tests and are hereby qualified to be considered for the position of Fireflghter for the City of Dubuque. William J. Jungk John J. Miller A second list is available for cer- tification after the above list has been exhausted. Respectfully submitted, Gerald J. Koppes Chairperson Dolores A. Reihle John E. Hess Civil Service Commission ATTEST: Mary A. Davis Secretary Council Member Kronfeldt moved that the above certification list of Eh- trance Level Firefighters be received and fried and to make a matter of record. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims and Expenditures for month ending November 30, 1984 AND City Manager submitting reports of Finance Director and City Treasurer for month of December, presented and read. Council Member Kronfeldt~ mov- ed that the proof of publication and the reports be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. Communication of Office of Plann- lng and Programming submitting up- date regarding Iowa Comm. Develop- ment Loan, presented and read. Coun- ril Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Bcarskens, Delch, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Communication of State Historic Preservation advising that the propos- ed Cathedral Historic District is scheduled for National Register of Historic Places eligibility review, Special Session, January 21, 1985 51 presented and read. Council Member Kronfeldt moved that the communica- tion be received and fried. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens. Delch, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. Communication of Planning and Zoning Commission approving plats for Carl J. and Mary Ann Burbach pro- perty located north of Asbury Road and west of Bonson Road, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Coun- cil Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Kronfeldt, Manning. Nays--None. RESOLUTION 27-85 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVI- SION OF LOT 2 OF BUENA VISTA SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the subdivision of Lot 2 of Buena Vista Subdivision No. 2 in the City of Dubu- que, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Lot 2 of Buena Vista Subdivision No. 2 in the City of Dubu. que, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 28-85 RESOLUTION APPROVING THE FINAL PLAT OF BUENA VISTA SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivision to be known as Buena Vista Subdivision No. 3 in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pears a street to be known as Seville Drive, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said final plat has been examined by the city council and they lind that the same conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Seville Drive, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the final plat of Buena Vista Subdivision No. 3 be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said pla~ provided the Special Session, January 21, 1985 owners of said property herein named~ execute their written acceptance hereto attached agreeing; a. To reduce all street to grade and to pave Seville Drive in accordance with plans approved by the City Engineer; b. To install sanitary sewer mains and sewer service laterals in acco~ dance with plans approved by the City Engineer; c. To install water mains and water service laterals in accordance with plans approved by the City Engineer; cL To install storm sewers and cat- chbasins in accordance with plans ap- proved by the City Engineer; e. To install concrete sidewalks in accordance with plans approved by the City Engineer; f To install boulevard street lighting in accordance with plans ap- proved by the City Engineer; g. To construct the foregoing ira~ provements in accordance with plans and specifications approved by the Ci- ty Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager; h. To construct said improvements, except sidewalks and the placement of street lighting fixtures prior to February 4, 198Z Street lighting fix- tares shall be deposited with the City for installation at such time as dwell- lng units are constructed in the vacini- ty of the erected poles. i. To construct sidewalks in concert with the construction of individual dwelling units. J. To maintain the foregoing im- provements, with the exception of sidewalks, for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; k. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider Carl J. and Mary Ann Burhach as owners. And further provided that Carl J. and Mary Ann Burbach, as owners of said subdivision, secure the perfo~ mance of the foregoing conditions by providing security in such form and with such surety that it may be accep- t~ble to the City Manager. Section 3. That in the event the owner shall fail to execute the accep- tance and furnish the security provid- ed for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedica* tion and approval of the plat shall not be effective. Passed, adopted and approved this 21st day of January, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 28-85 We the undersigned Carl J. and Mary Ann Burbach, having read the terms and conditions of the foregoing Resolution No. 28-85 and being familiar with the conditions establish- ed thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa this 15th day of February, 1985. By Carl J. Burbach By Mary Ann Burbach TO: Mary A. Davis, City Clerk This is to certify that the security re- quired by the foregoing Resolution No. 28-85 has been provided by the owners. Dated at Dubuque, Iowa this 25th day of February, 1985. W. Kenneth Gearhart, Manager Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hanunel, Klues- ner, Kronfeldt, Manning. Nays--None. Cable Community Teleprogramming Commission submitting their Annual Report for year ending December 31, 1984, presented and read. Council Membei' Kronfeldt moved that the Report be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Bearskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Special SeSsion, January 21, 1985 Nays--None. There being no further business Council Member Hammd moved to ad- journ. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, FAues- net, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved__ __1985 Adopted .1985 Mayor Council Members ATTEST: City Clerk Special Session, January 21, 1985 55 Special Session, January 28, 1985 CITY COUNCIL OFFICIAL Adjourned Session, January 28, 1985 Council met at 7:30 O'Clock P.M. Public Library Auditorium Present--Mayor Brady, Council Members Beurskens, Dnich, Hammel Administrative Assistance to the City Manager, Gent Wittenberg, Assistant City Attorney Tim O'Brien Absent--Council Members Kronfeldt Manning, City Manager W. Kenneth Gearhart. Mayor Brady read the call and stated that service thereof had been duly made and this meeting is AN JORNED SESSION OF THE MEETING OF JANUARY 14, 1985 CALLED FOR THE PURPOSE TO ACT UPON A ZONING OR- DINANCE AND ZONING MAP ESTABLISHING COMPREHEN- SIVE ZONING FOR THE CITY OF DUBUQUE. Communication of Dorothy Sauer requesting that property located at 795 Hill St. and 610 W. 8th St. be rezoned commercial; Petition of Mnigrew Oil Co. requesting their business at Loras& Nowata Sts. be zoned to allow use of free standing sign; Petition of Delos A. Dorweiler re- questing property at 2105 J.F.K. Road be zoned as OS if OR-1 is deleted; Com- municatlon of Msgr. Anthony W. Sigwarth advising businesses in area between 12th & 14th Streets, east of White are pleased with zoning recom- mended in the new Comprehensive Plan for the City of Dubuque; Com- munication of Pastor of St. John's Lutheran Church stating they are pleased with recommended zoning of R-2 in the area located at 13th & White Sts. were presented and read. Council member Beurskens moved that the communications be received and filed. Seconded by Council Member Ham- mol Carried by the following vote: Yeas--Mayor Brady, Council Mom- bors Beurskens, Deich, Harnmel, Klues- Nays--None. Absent--Council Members Kron- feldt, Manning. Development Planner Bob McKay submitted summary llst of objections and areas of concern expressed on pro- posed zoning test and map emend- ments at the public hearing held on January 14, 1985. (THIS SUMMARY LIST CAN BE FOUND AS PART OF THE OFFICIAL RECORDS). Council Member Kluesner moved to refer to Planning & Zoning Commis- sion for height restrictions of 100 feet in ID District and they hold a public hearing on said change. Seconded by Council Member Harnmel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Nays--None. Absent--Council Members Kron- feldt, Manning. Council Member Kluesner moved to approve the zoning map with correc- tions and to support Staff's position and instruct the Planning & Zoning Commission to hold a public hearing to eliminate parldng regulations on C-1 zoning. Seconded by Council Member Beurksens. Carried by the renewing Yeas--Mayor Brady, Council Members Beurksens, Delch, Hammel, Nays--None. Absent--Council Members Kron- feldt, Manning, Council Member Kluesner moved that Planning & Zoning Commission hold a public hearing on items 1 and 4 and Oky Doky as referred to under ZONING MAP (Part of summary list submitted). Seconded by Council Member Deich. Carried by the follow~ ing vote: Yeas--Mayor Brady, Council Members Beurksens, Deich, Hammel, Nays--None Absent--Council Members Kron- feldt, Manning. ' Council Member Hammel moved that the Planning & Zoning Commie. sion hold a public hearing on the quest of Bob Steichen requesting to be removed from non-conforming use status at 2753 Central Ave. Seconded Spec/al Session, January 28, 1~85 by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner. Nays--None. Absent--Council Members Kron- feldt, Manning. Council Member Beurksens moved that the Planning & Zoning Commls- sion hold a public hearing on the re- quest of Terry Hirsch, requesting R-4, Proposed R-3, and Existing R-3 on Pennsylvania and Bristoll Apart- ments. Seconded by Council Member HammeL Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Nays--None. Absent--Council Members Kron- fetdt, Manning. Council Member Kluesner moved to concur with remainder of zoning or- dinance and zoning map and hearings be set as required. Seconded by Coun- cil Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Nays--None. Absent--Council Members Kron- feldt, Manning. Council Member Beurskens moved that City Clerk, Staff and Planning & Zoning Commission hold public bear- ings as soon as possible and that the City Council's public hearing be held on Monday, March 4, 1985 at 7:30 o'clock P.M. in the Public Library Auditorium. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Kron- feldt, Manning. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Nays--None. Absent--Council Members Kron- feldt, Manning. Meeting adjourned 10:42 P.M. Mary A. Davis City Clerk Approved 1985 Adopted _1985 Mayor Council Members ATTEST: City Clerk Regular Session, February 4, 1985 57 CITY COUNCIL OFFICIAL Regular Session, February 4, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- poration Counset Barry A. Lindahi. Mayor Brady read the call and stated this is the REGULAR MONTH- LY MEETING OF THE CITY COUN- CIL called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Rev. Dave Swartz, Pastor of Dubuque Bap- ~st Church PROCLAMATIONS: Month of February as "Children's Dental Health Month" received by Dr. Bill Kuttler; Week of February 11th as "National Office Education Week" received by Sally Smith, Pres. of Dubuque Senior High School OE; Proclaiming Denise Piwowarczyk as "Lady Ambassador", received by Ms. Piwowarczyk. Jerry Guy of the Durrant Group, Inc. submitted progress and Status Report on the Dog Track Facility. The Mayor made a presentation of a framed "Official Bond" to Terry Hart- mann, Pres. of Dubuque Racing Assn., in appreclatlan of his time and effort towards the Dog Track. Council Membor Delch moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- net, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider vacation of an alley located north of 5th Street, bet~ ween and parallel to Bluff St. and Locust St.; Petition of Charles J. Mur- phy, Postmaster opposing vacation of said alley; Petition of Gregory J. Ramsey, GSA, advising that the alley's continued existence is critical to the U.S. Postal operations; Com- munication of Samuel Lombardo of the GSA stating opposition to the vacation of subject alley, a Resolution Approving Plat of a vacated alley north of 5th Street, between and parallel to Bluff St. and Locust St.; an Ordinance Vacating the alley north of 5th St. between and parallel to Bluff St. and Locust St.; and a Resolution Approving Sale of said alloy to the Dubuque Historic Improvement Co. in the amount of 55,141 and authorizing delivery of Quit Claim Deed upon pro- per payment, presented and read. Council Member Bearskens moved that the proof of publication and com- munications be received and filed and Resolutions and Ordinance be adopted. Seconded by Council Member Kronfeldt. NO VOTE TAKEN ON THE MOTION. Charles Murphy, Bob Hart, Jack Stone, U.S. Postal officials, stressed specifics of their opposition to vaca- tion of subject alley at this time. Greg Ramsey, Field Office Mgr. for GSA., and Don Martin, in charge of vehicle operations for the U.S. Postal Service, stressed the need of using the ~diey for adequate truck manipulation Paul Peckosh of the Dubuque Historic Improvement Co. stated specifics of their reasons for wanting this property ncr the historic Redstone. Council Member Manning moved that the above matter be tabled until the Council Meeting of February 18, 1985. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hanunel, Klues- net, Kronfetdt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for Bid Package "D" for Dog Track compris- ing of Contract #13 - Fencing; Con- tract #14 - Contoured Bench Seating and Contract #15 - Stadium Chair Seating. Council Member Beurskens moved that the proof of pubhcatinn be received and filed. Seconded by Coun- cjI Member Deich. Carried by the