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1987 September Council ProceedingsSession, CITY COUNCIL OFFICIAL Regular Session, September 8, 1987 Council Met at 7:30 p,m., in the Publlc Library Auditorium. Present: Mayor Brady, Council Mem- bers Delch, Kluesner, Krleg. Kronfaldt, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Member Manning. Mayor Brady read the call and stated this is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may proper- ly come before the Council INVOCATION was given by Pastor Dwight Vogel of St. Luke's United Methodist Church. PROCLAMATIONS: September 8, 1987 as: "Adult Literacy Day" received by Mary Strom; September 17th through 23rd as "Constitution Week." Proof of publicatlor~ certified to by the Publisher, on Notice of Publlc Hearing to rezone property located south of the Cedar Cross Read Bridge and east of Cedar Cross Road from AG Agricultural District to CS Commercial Service and Wholesale District, presented and read, Council Member Kluesner moved to suspend the rules to allow anyone pre- sent to address the Council Seconded by Council Member Simon. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Rlueaner, Krieg, Kronfeldt, Simon. Nays--Non~ Absent--Council Member Manning. There were no written objections received and no oral objectors present at the time of the Hearing. Council Mem- ber Simon moved that the proof of publication be received and filed. Seconded by Council Member Kronfaldt, Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. 1987 368 ORDINANCE NO. 57-87 AN ORDINANCE AMENDING ZON- ING ORDINANCE AND MAP OF THE CITY BY RECLASSIFYING pROPERTY SOUTH OF THE CEDAR CROSS ROAD BRIDGE AND EAST OF CEDAR CROSS ROAD FROM AG AGRICULTURAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, s~fid Or- dinance having been presented and read at ;he Council Meeting of August 17, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 57-87 AN ORDINANCE OF TYIE CITY OF DUBUQUE, IOWA, PROVIDING ~HAT THE CODE OF ORDINANCES~ CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSI- HEREINAFTER DESCRIB- ED pROPERTY SOUTH OF THE CEDAR CROSS ROAD BRIDGE AND EAST OF CEDAR CROSS ROAD FROM AG AGRICULTURAL DIS- TRICT TO CS COMMERCIAL SER- VICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT OR- ~ BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be mnend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter describ- ed property from "AG Agricultural District" to "CS Conm~ercial Service and Wholesale District", to wit: Lot i of Lot I of Mineral Lot 211A, Lot 1 of Lot 2 of Mineral Lot 231 and to the center line of the adjoining public right of way, all in the City of Dubuque, Section 2. That the foregoing amend- ment has heretofore been approved by the planning and Zonh~g Commission of the City of Dubuque, Iowa. 369 Regular Session, September 8, 1987 Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of September, 1987. Mary A. Davis City Clerk It 9/14 Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Simon. Nays--None. Absent- Council Member Manning, proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider reclassifying property located north of U.S. 20 and East of McDonald Drive from AG Agricultural District to C-3 General Commercial District, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Khiesner, Krieg, Kronfeldi Simon. Nays--Nons Absent--Council Member Manning. ORDINANCE NO. 58-87 AN ORDINANCE AMENDING ZON- ING ORDINANCE AND MAP OF THE CITY BY RECLASSIFYING PROPERTY LOCATED NORTH OF U.S. HIGHWAY 20 AND EAST OF McDONALD DRIVE FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DIS- TRICT, said Ordinance having been pre- sented and read at the Council Meeting of August 17, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 58-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE ~MENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS I'HE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSI- FYING HEREINAFTER DESCRIB- ED PROPERTY NORTH OF ,U.S. HIGHWAY 20 AND EAST OF McDONALD DRIVE FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DIS- TRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuqu~ Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying hereinafter described property from "AG Agricul- tural District" to C-3 General Commer- cial District". to wit: Lot 1 of Lot 1 of Lot 1 of Lot 3 in the Northeast ¼ of Southwest ~A, that portion of Lot 1 of the Southwest ¼ of the Northeast ¥4 located west of flood- way fringe overlay district, Lot 2 of Lot 1 of Lot 3 in the Northeast 1/4 of the Southwest ¼, allin Tewnshlp 89 North, Range 2 East; that portion of Lot 1 of Mineral Lot 292 located west of the floodway fringe overlay district, and the adjoining public right-of-way to the center line thereof, all in the City of Dubuque, lows. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Cormvission of the City of Dubuque, Iowa. Passed, approved and adopted tiffs 8th day of September, 1987. James E. Brady Mayor ATTES'I! Mary A. Davis City Clerk Published officially in the Telegraph Herald Newspaper this 14th day of September, 1987. Regular Session, It 9/14 Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposing of City's interest in property known as Lot lA of City Lot 673 to Dennis M. Ryan in the amount of $200 plus filing and publication fees, presented and read. There were no writ- ten objections received and no oral ob- jectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 59-87 AN ORDINANCE VACATING A POR- TION OF MAIN STREET AT ITS INTERSECTION WITH MADISON STREET, said Ordinance having been presented and read at the Council Meeting of August 17. 1987, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 59-87 ORDINANCE VACATING A PO~ T~ON OF MAIN STREET AT ITS INTERSECTION WITH MADISON STREET WHEREAS, Dennis M. Ryan has re- quested the vacating of a portion of Main Street at its intersection with Madison Street in the City of Dubuque, Iowa; and WHEREAS, IIW Associates, P.C., Dubuque, Iowa has prepared and sub- mitted to the City Council a plat show- ing the vacated portion of Main Street September 8, 1987 370 and assigned a lot number thereof, which hereinafter be known and described as "Lot lA of City Lot 673" in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuqu~ Iowa has determined that this portion of Main Street is no longer required for public use and vacating of said portion of Main Street known as Lot lA of City Lot 673 in the City of Dubuque~ Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate describ- ed as Lot lA of City Lot 673 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the City reserves un- to itself a perpetual easement including the right of ingress and egress thereto, for the purpose of reconstructing, repair- lng, modifying, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be currently authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald this 15th day of September. 1987. Mary A. Davis City Clerk it 9/15 Council Member Kluesner moved final adoption of the Ordinance~ Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kincsner, Kriog, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 255-87 WHEREAS, pursuant to resolution and published notice of time and place of bern'lng, published in the Telegraph- 371 Regular Session, September 8, 1987 Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on the 21st day of August, 1987, the City Council of the City of Dubuque, Iowa met on the 9th day of September, 1987, at 7:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as Lot lA of City Lot 673 in the City of Dubuque, Iowa to Dennis M. Ryan; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Dennis M. Ryan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the in- terest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot lA of City Lot 673 in the City of Dubuque, Dubuque County, Iowa to Dennis M. Ryan be and the same is hereby approved for the sum of T~o Hundred Dollars ($200.00) plus cost of publication and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authoriz- ed and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby directed and authorized to deliver said deed of conveyance to the above named grantee upon receipt of the pur- chase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the office of the City Assessor, Dubuque County Recorder and 'the Dubuque County Treasurer. Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the ResoluUmn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Communication of City Manager re- questing a Public Hearing be set to lease 66,000 square feet of property on Chaplain Schmitt Memorial Island to Dubuque Yacht Basin, Ina, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 256-87 RESOLUTION OF INTENTION TO LEASE CITY OWNED PROPERTY 'IlO DUBUQUE YACHT BASIN, INC. WHEREAS, Dubuque Yacht Basin, Inc. has its principal place of business at 630 E. 16th Street, Dubuque, Iowa; and WHEREAS, Dubuque Yacht Basin, Inc. has expressed au interest in leasing 66,000 square feet of property on now owned by the City of Dubuque; and WHEREAS, Dubuque Yacht Basin, Ina will be using this property as a prin- cipal entrance to 3.47 acres of land recently leased from the City of Du- buque on a request of an exercise of an option on April 1, 1987; and WHEREAS, Dubuque Yacht Basin, Inc. plans to utilize the 3.47 acres option on April 1, 1987 and the 66,000 square feet under this lease as facilities for the accommodation of an RV Park; and WHEREAS, the termination date of this lease will be concurrent with the lease agreement between the City of Dubuque and Dubuque Yacht Basin, Inc. dated February 5, 1974; and WHEREAS, proposed lease agree- ment provides for an annual rental of Regular Session, $6,600.00 plus adjustment for cost of liv- hag and wharfage charges if not collected under other lease agreements with Dubuque Yacht Basin, In~ NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa proposes to lease, 66,000 square feet of land as identified under the at- tached lease agreement and as shown on Exhibit I, and made a part thereof, for a period beginning October 15, 1987 and ending February 5, 2024, Section 2. That the City reserves to itself a 20' utility easement as shown on the Exhibit attached to the lease agreement. Section 3. That the City Clerk be and is bereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Disposal of Property -- Code of Iowa, 1987 or as amended. Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTES~ Mary A; Davis City Clerk Council Member Kronfeldt xnoved adoption of the Resolution, setting this matter for Public Hearing on September 21, 1987 at 7:30 o'clock p.m. hi the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kluesner. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Khiesne~; Krieg, Kron- feldt, Simon. Nays--None. Absent-- Council Member Manning. Council Member Simon moved that they reconsider action taken at the Meeting of August 17th on adoption of Ordinance Na 51-87. Seconded by Court- cfi Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfaldt, Simon. Nays--None. Absent--Council Member Manning. September 8, 1987 372 Council Member Simon moved to delete Section 26-11 of Ordinance No. 51-87. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Verbal petition of Council Member Deich requesting to discuss Ordinance No. 51-87 which provides for the up- dating of the criminal sections of the Code of Ordinances, AND Communica- tion of Corporation Counsel Lindahl sub- mitting comments regarding Ordinance Na 51-87, presented and read. Council Member Kluesner moved that they be received and filed and direction given to Corporation Counsel to come back with the revision of the Ordinance. Seconded by Council Member Simon, Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Communlcatlons of Carlisle Ervin and Ann Twiggs protesting to passage of above Ordinance, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Conned Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending St. Vincent DePaul be authorized to construct a Loading Dock at their facilities located at the intersec- tion of 18th and Pine Streets, presented and read. Council Member Kronfeldt moved that the commuhicatten be rec~wed and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 60-87 AN ORDINANCE AUTHORIZING 373 Regular Session, September 8, 1987 THE PARTICULAR COUNCIL OF THE SOCIETY OF ST. VINCENT DEPAUL TO CONSTRUCT A LOAD- ING DOCK, presented and mad. (OFFICIAL PUBLICATION) ORDINANCE NO. 60-87 AN ORDINANCE AUTHORIZING PARTICULAR COUNCIL OF THE SOCIETY OF ST. VINCENT DEPAUL OF DUBUQUE, IOWA 1351 IOWA, DUBUQUE, IA 52001 TO CON- STRUCT A LOADING DOCK -- VARYING LENGTH 16'0" to 19'3" 10 FEET WIDE, 4 FEET HIGH; EAST SIDE OF BUfLDING SOUTH OF 18TH & PINE. NOW, THEREFORE, BE IT OR- DAINED BY THE cTrY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Particular Council of the Society of St. Vincent DePaul of Dubuque, Iowa, 1351 Iowa, Dubuque, IA 52001 as owners of the premises known as Dubuque, Iowa, and legally describ- ed as Lot 2 of W. 65' of Lot 229, Lot 1 Part of E. 35' of Lot 229, Lot 230, Lot 231 all in E asr Dubuque Addition be and they are hereby granted tile revocable permit and authority to construct and maintain loading dock (See Attached Drawing) under the terms and condi- tions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all ap- plicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on per- mittees' agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or mainte- nance of said Loading dock - varying length 16'0" to 19'3" 10 feet wide, 4 feet high; east side of building south of 18th & Pine. b) Pay on behalf of the City of Dubuque, all sums wi~ich the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the locatior~ installa- tion, existence, construction or main- tenance of said loading dock sustained by any person or persons, caused by ac- cident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque aris- ing out of the location, installation, ex- istence, construction or maintenance of loading dock and to pay reasonable at- torney fees therefore; and c) Indemnify and hold the City of Dubuque free and harmless from any and all claims, loss, liabillty and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to cry property of the City of Dubuque which may occur as a result of or in connection with the location, in- stallation, construction, maintenance and repair of the facility, work or ira- herein. Section 4, That the permission herein granted is expressly conditioned upon permlttees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their suc- cessors in interest, as owners of the abut- ting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own ex- pense, remove said Loading dock and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said Loading dock at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for dmuages resulting removal of said Loading dock. Section 5. That permittees convenant and agree that the revocable permit herein granted does not constitute an ap- proval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby convenant and agree not to assert such claim or defense ngalnst the City of Dubuque in the event of claim asserted for death, personal injuries and/or pro- perty damage against the permittees arising out of or in any way connected Regular Session, with the location, installation, construc- tion, design, repair and maintenance or the facility herein permitted. Section 6. This Ordinance shall become effective and the rights here- under accrue to Particular Council of the Society of St. Vincent DePaul of Du- buque, Iowa when this Ordinance has been adopted by the City Council and the terms and conditions thereof ac- cepted by permittees by acceptance en- dorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this Or- dinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 60-87 Ti~e undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 60-87 hereby, for themselves, their successors or assigns, as owners of the abutting property, ac- cept the same and agree to be bound by the conditions and agreement therein contained to be performed by permittees. Dated: November 19, 1987. By: _ President or Vice-President or Property Owner By: Gene E Sullivan Secretary Published officially in the Telegraph Herald Newspaper this 24th day of September, 1987. Mary A. Davis City Clerk It Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and ghat the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two September 8, 1987 374 council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinanca Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor B,ady, Council Members Daich, Kluesner, Krieg, Kronfaldt, Simon. Nays--None. Absent--Council Member Manning. Communication of City Manager ap- proving request of Genevieve Thompson to construct a Decorative Canopy over- hanging the public right-of-way at the Oky Doky Store at 250 W. 1st Street, presented and read. Council Member Kronfeldt moved that the commuincation be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning, ORDINANCE NO. 61-87 AN ORDINANCE AUTHORIZING GENEVIEVE THOMPSON TO CON- STRUCT A CANOPY EXTENDING 24" INTO THE RIGHT-OF-WAY OF FIRST STREET, AT A MINIMUM HEIGHT OF 8'6" ABOVE THE SIDEWALK, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 61-87 AN ORDINANCE AUTHORIZING GENEVIEVE THOMPSON TO CON- STRUCT A CANOPY EXTENDING 24" INTO THE RIGHT-OF-WAY OF 1ST STREET, AT A MINIMUM HEIGHT OF 8'6" ABOVE THE SIDEWALK, NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Genevieve Thompson as owners of the premises known as 250 West First Street Dubuque, Iowa, and legally described as City Lot 564 and City Lot 565 be and they are herehy granted the revocable permit and authority to construct and maintain a canopy, as per the attached building plan under the terms and conditions set forth in this Ordinance. 375 Regular Session, September 8, 1987 Section 2. That such construction shall be done in accordance with plans heretofore submitted by permlttees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with ail ap- plicable state and federal laws and regulations, and the O~xtinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on per- mittees' agreement to: a) Assume any and all liability for danmges to persons or property which may result from the existence, location, installation, conslruction or mainte- nance of said canopy. b) Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installa- tion, exlstence~ construction or main- tenance of said canopy sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of said canopy and to pay reasonable attorney fees therefore; and c) Indemnify and hold the City of Dubuque free and harmless from any and ail claims, loss, liability and expense for death and]or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, in- stallation, construction, maintenance and repair of the facility, work or im- provement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their suc- cessors in interest, as owners of the abut- ting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own ex- pense, remove said canopy and in the event of their failure, so to d~ the City of Dubuque shall be authorized to remove said canopy at permittees' )ense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said canopy. Section 5. That permittees convenant and agree that the revocable permit herein granted does not constitute an ap- proval of the design, erection, location, said facility and said permittees hereby claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or pro- perty damage against the permittees arising out of or in any way connected with the location, installation, construc- tion, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights here- under accrue to Genevieve Thompson when this Ordinance bas been adopted by the City Council and the terms and con- ditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and he is authorized and directed to file at permittees' expense a copy of this Ordinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 61-87 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 61-87 hereby, for themselves, their successors or assigns, as owners of the abutting property, ac- cept the stone and agree to be bound by the conditions and agreements therein contained to be performed by permittees. Regular Session, Dated: 9/9/87 By: Mary Thompson for Genevieve Thompson Publisbad officially in the %legraph Herald newspaper this 14th day of September, 1987. It 9/14 Mary A. Davis City Clerk Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded hy Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaidt, Simon. Nays--None. Absent--Council Member Manning. BOARDS AND COMMISSIONS: Human Rights Commission: One unex- pired term which will expire 1-1-88 (Term of M. Devlin). Applicants: James C. J aycox, Rebecca M. Robbins, First vote: Mayor Brady voted for Jaycox, Council Member Daicb voted for Robbins; Coun- cil Member Kluesner voted for Jaycox; Council M~mber Krieg voted for Rob- bins; Council Member Kronfeldt voted for Robbins; Council Member Manning --Absent. Council Member Simon voted for Jaycox. There being no majority vota a second vote was held: Mayor Brady voted for Jaycox; Council Member Deich voted for Rebbins; Council Member Kluesner voted for Bobbins; Council Member Krieg voted for Bobbins; Coun- cil Member Kronfeldt voted for Rebbins; Council Member Mannlng--Abaent; Council Member Simon voted for Rob- bins. Therefore, Rebecca Bobbins was ap- pointed to fill an unexpired term on the Human Rights Commission which will expire 1-1-88. TV Cable Teleprogramming: 3 - Three year terms which will expire June 30, 1990 (terms of Corse, Everist & Hove~ man) and 2 Unexpired terms which will expire 6-30-89. Council Member Kron- feldt moved that Corse, Everist, and Hovermau be reappointed to three year terms which will expire 6-30-90 and Hull September 8, 1987 376 and Reynolds be appointed to the unex- pired terms which will expire 6-30-89. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesnet; Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 257-87 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Ethel K. Schwartz Airport Inn 574 E. 16th St. Pride Service, Inc. Martin Oil 280 Locust St. Pride Service, Inc. Martin Auto Magic 2175 Central Ave. Ron Pothoff Miracle Car Wash, Inc. 3199 University Ave. Passed, approved and adopted this 8th day of September, 1987, James E. Brady Mayor ATTESq} Mary A, Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Counail Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfcldt, Simon. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 258-87 WHEREAS, Applications for Beer Pe~ mits have been submitted and filed 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 inspected and found to comply with the Ordi- i]77 Regular Session, September 8, 1987 nances of this City and have filed pro- per bond; 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 applicants a Beer Permit. CLASS "B" BEER PERMIT Holy Trinity Parish 1701 Lincoln 14 Day Permit (Also Sunday Sales) CLASS "C" BEER PERMIT The Lincoln Company Casey's General Store 4003 Peru Rd. (Also Sunday Sales) Iowa Oil Company Iowa Oil Co. 1387 Dodge St. (Also Sunday Sales) Mulgrew Oil Company Asbury Fastop 3300 Asbury (Also Sunday Sales) Passed, approved and adopted tins 8th day of September, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--Nons Absent--Council Member Manning. RESOLUTION NO. 259-87 WHEREAS, Applications for Liquor 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 inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Motor Hotels, Inc. Holiday Inn Dubuque 1111 Dodge (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eagle Point Associates, Inc. The Tollbridge Inn 2800 Rhomberg (Also Sunday Sales) Admiral's Hi-Hat West, Inc. Admiral's Hi Hat West 253 Main St. (Also Sunday Sales) Happy's Place, Inc. John E Hancock 2323 Rockdale (Also Sunday Sales) Dennis John Zirkelbach Happy Hour 55 Locust St. (Also Sunday Sales) Jerry Lee James Neighbor's Tap 1899 Rockdale CLASS "E" LIQUOR LICENSE JFT Ltd. Oky Doky #1 250 West 1st St. Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Krleg moved adop- tion of the Resolution, Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Council Member Krieg moved to ap- prove the requested transfers: The Brew- ing Ca Beer Permit to Town Clock Plaza Regular Session, on Sept. 12th; Nites of the Square Table, In~ Beer Permit to Third St. Ice Har- bor on September 12th. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Printed Council Proceedings for the month of April, 1987, presented and read. Council Member Krieg moved that the proceedings be approved as printed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. MINUTES SUBMITTED~ Airport Commission of 8-18; Five Flags Commis- sion of 8-17; Fourth Street Peninsula Committee of 842 & 8-26; Housing Cede of Appeals Bd. of 7-80; Human Rights Commission of 8-10; Public Library Board of Trustees of 8-18; presented and read. Council Member Krieg moved thai the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfeint, Simon. Nays-- None. Absent--Council Member Manning. fn-Futuro, Inc, Board of Directors of 8-6 and Historic Preservation Comm. of 8-25, presented and read. Council Member Krieg moved that these minutes be received and filed. Se- conded by Council Member Kronfeldt~ Carried by the following vote: Yeas-- Mayor Brady, Council Members Deice Kluesn~ Krleg, Kronfeldt, Sirnor~ Nays-- None. Absent Council Member Manning. NOTICES OF CLAIMS/SUITS: An- drew Makovec in amount of $30.00 for personal injuries; John and Connie Noel on behalf of son Timothy in amount of $108 for personal injuries; Alfred Rehfeldt in mnount of $132.52 for per- sonal injuries; Fred Rheanlt in amount of $112.36 for car damages; Jeffrey Sedam in unknown amount for car damages, presented and read. September 8, 1987 378 Council Member Krieg moved that the claim and suits be referred to the Legal Staff for investigation and report. Seconded by Coundfl Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon, Nays--None. Absent--Council Member Manning. Communication of Sharon Schneider submitting her resignation from the Cable Regulatory Commission and Susan Connell-Magee resigning from Historic Preservation Commission, presented and read. Council Member Krieg moved that the communications be received and filed and accepted with regret. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Simon. Nays--None. Absent--Council Member Manning. Proof of publication, certified to by the Publisher, on a Notice of Finding of No Significant Effect on the Environment for the Carlisle Communications, Ltd. Project, presented and read. Council Member Krieg moved that the proof of publication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Meyor Brady, Council Members Deich, Kluesnm; Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Communication of Corporation Counsel Lindahl advising of closure of Culbertson vs. City of Dubuque suit, presented and read. Council Member Krieg moved that the communication be received and filed and approved closure, Seconded by Council Member Kronfeldt: Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Communication of Charles McDer- mott, owner of Tri-State Implement Co. requesting the vacation and purchase in Cedar Cross Road area, presented and read. 379 Regular Session C oundfl Member Krieg moved that the petition be referred to the City Manager. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Delch Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Co~nmunication of Planning and Zon- ing Commission approving final plat of Sub. of Lot 2 of Dubuque Industrial Center at 6th Addition located west of Chavenelle Read in the Dubuque In- dustrial Center, presented and read, Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 260-87 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT 2 OF DUBUQUE INDUSTRIAL CENTER 6TH ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 2 of Dubuque Industrial Center 6th Addition in the City of Dubuque, Iowa; WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed 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 RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Dubuque Industrial Center 6th Addition in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and ;eptember 8, 1987 City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 8th day of Septembel; 1987. James E. Brady Mayor ATTESt fi Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfaldt. Simon. Nays--None. Absent--Council Member Manning. REFUNDS REQUESTED: Hoffman House, $100 on unused Cigarette License, presented and read. Council Member Krieg moved that the refund be approved and directed Finance Director to issue the proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Proof of publication, certified to by the Publisher, on List of Claims for the month of July, 1987, presented and read. Council Member Krleg moved that the proof of publication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesne~; Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Communication of City Manager recommending acceptance of Asphalt Resur fucing of U.S. #20 (Dodge St.) from Grandview Ava to Bluff St., presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Coundfl Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Regular Session, September 8, 1987 38O Khiesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. ACCEPTING IMPROVEMENT RESOLUTION NO. 2614~7 WHEREAS, the contract for the Asphalt Resurfacing of U.S. #20 (Dodge Street) from Grandview Avenue to 165' West of Bluff Street ha~ been completed and the City Manager has examined the work and filed his certificate stating that the same has beea completed according to the terms of the contract, plans and specifications and recommends its acceptance, NOW, THEREFORE, BE IT RE- SOLVED by the City Coundfl of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approv- ed and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City T~easurer be and he is hereby directed to pay to tim contractor from the General Obligation Bonds and the Street Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 8th day of Sep~mber, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Krleg moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the fullowhig vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. FINAL ESTIMATE RESOLUTION NO. 262-87 WHEREAS, the contract for the Asphalt Resurfacing of U.S. #20 (Dodge Street) from Grandview Avenue to 165' West of Bluff Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection of all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $342,499.79 and that said amount shall be paid from the General Obligation Bonds mad the Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resohition. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Communication of City Manager responding to a March 8, 1987 petition from Mr. Harold McMahon with regard to the Finley Hospital entrance at 300 N. Grandview, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Coundd Member Kronfehit. Carried by the falIowhig vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Communication of Corporation Counsel Lindabl recommending closure of following claims: Personal injury of Alfrleda Miersen; Car damage of E dwlna Albright; Car D~mage of Michael Frelhoffer; Sewer back-up of Mary Lou Mauss; Personal injury of Patricia Beyer; Personal injury of Andrew Makovec, AND Communication of Corporation Counsel Lindahl recommending denial of car damage claim of LaVerne Stroh- meyer, presented and read. Council Member Exieg moved that the communications be received and filed 381 Regular Session, September 8, 1987 and approved recommendations. Second- ed by Council Member Kronfaldt. Car- ried by the following vote: Yeas -Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Kronfaldt, Simon. Nays-- None. Absent--Council Member Man- ning. Communication of City Manager outlining City's position relative to scheduling of construction for relocated Highway #61, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by CounCil Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesnel; Krieg, Kronfaldt, Simon, Nays--None. Absent--Council Member Manning. RESOLUTION NO. 263-87 RESOLUTION RECOMMENDING TO THE IOWA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AND FUNDING SCHEDULE FOR RELOCATED 61. FISCAL YEAR 1988-1993. WHEREAS, Iowa Department of Transportation is soliciting ideas for development of their five year Transpor- tetion Improvement Program For Fiscal Years 1988-1993; and WHEREAS, construction of Relo- cated 61 is a high priority transportation item for the City of Dubuque; and WHEREAS, additional funds have been earmarked for this project since preparation of the State Transportation Improvement Plan for Fiscal Years 19874992, these funds being, namely, $20 million of bridge replacement funds to be used for the completion of the Iowa/Wisconsfu Bridge, $20 million dollars of demonstration money for'im- provement of Route 61 from DeWitt to the river in Dubuque and $12 million dollars of discretionary funds for im- prevement of Highway 61 from DeWitt to the river in Dubuque; and WHEREAS, a delegation represen- ting United States Congressman, Thomas Tauke, State Representative Mike CQnnolly, Mayor James Brady, Chamber of Commerce representatives and the City staff made a presentation to the Iowa Department of Transporta- tion Commissioners on July 6, 1987; and WHEREAS, this delegation outlined the additional funding that was available for the Relocated 61 project and sug- gested a revised construction and expen- diture schedule from that identified in the Transportation Improvement Pro- gram of fiscal year 198%1992 (copies of letter and exhibits attached to this resofution and made a part hereto). NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation Commissioners en- dorse the City's recommendation in its Transportation Improvement Program in Fiscal Years 1988-1993 for construc- tion and funding of the Relocated 61 project. Section 2. That the Mayor be authoriz- ed and directed to sign a copy of this resolution. Section 3. That an executed copy of the resolution and supporting data be submitted to tile Iowa Department of Transportation Commissioners for incor- potation into their planning process for 1988-1993 Transportation Improvement Program. Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Krieg moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Communication of City Manager sub- mitring the Annual Street Finance Report, presented and read. Regular Session Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 2~-~ RESOLUTION APPROVING CITY OF DUBUQUE FISCAL YEAR 1987 STREET FINANCE REPORT BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Street Finance Report, for the period July 1, 1986 to June 30, 1987 be and the same is hereby approved, m~d that the City Clerk is hereby authorized and directed to file said report with the Iowa Department o£ Transportation, on or before Sep- tember 10, 1987. Passed, approved and adopted this 8th day of September, 1987. James E. Brady Mayor ATTES'P. Mary A, Davis City Clerk Council Member Kreig moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the fullowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Them being no further business, Coun- cil Member Kronfeldt moved to adjourn the meeting. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kron- feldt, Simon. Nays--None. Absent-- Council Member Manning. Meeting ad- journed at 8:23 RM. Mary A. Davis City Clerk Approved 1988 September 8, 1987 Ad.ted Mayor Council Members ATTES~ City Clerk 382 1988 383 Regular Session, SE ~tember 21, 1987 CITY COUNCIL OFFICIAL Regular Session, September 21, 1987. Council Met at 7:30 o'clock EM. in the Public Library Auditorium. Present: Mayor Brady, Council Mem- bers De/ch, Kluesner, Krieg, Manning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Kronfeldt. Mayor Brady read the call and stated this session is the REGULAR MONTH- LY MEETING of the City Council call- ed for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Paul Knupp of Summit Congregational Church, PROCLAMATIONS: September 18 as "MIA/POW DAY"; September 20-26 as "Emergency Medical Services Week"; September 27 as "Masonic Temple Awareness Day" received by Jack Smaltzer; October 4-10 as "Mental Ill- ness Awareness Week"; October 31st as "Halloween Trick or Treat Night"; November 1-7 as "Women of Achieve- ment Week" received by Pat Beck. Proof of publication, certified to by the Publisher, on Notice of Bond Sale to be held at 1:00 p.m. on September 21, 1987, in the amount of $300,000 for Street Im- provement Bonds, presented and read. Council Member Kluesner moved to suspend the rules to allow anyone pre- sent to address the Council if they so desire. Seconded by Council Member Krleg. Carried by the following vote: Yeas-Mayor Brady, Council Members De/ch, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Uarried by the following vote: Yeas-- Mayor Brady, Council Members De/ch, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 265-87 RESOLUTION DIRECTING SALE OF $300,000 STREET IMPROVEMENT BONDS WHEREAS, pursuant to notice as re- quired by law, bids have been received at public sale for the bonds described as follows and the best bid received is deter- mined to be the following: $300,000 Street Improvement Bonds: R.G. Dickinson and Bidder: Allied Securities of Des Moines, IA the terms of said bid being: Total Purchase Price $300,000. qbtai Net interest cost -- $108,300. Average net interest rate -- 1.600%. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby ~warded based on said bid. Section 2. That the statement of infoo mat/on for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed, approved and adopted this 21st day of September, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Regular Session September 21, 1987 384 Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Kluesner Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing, to consider Leasing 66,000 square feet of property to Dubuque Yacht Basin Inc. located on Chaplain Schmltt Memorial Island, AND a RESOLU- TION Approving the Lease with Du- buque Yacht Basin, .I.nc, presented and Council Member Krieg moved that the proof of publication and Resolution be received and filed and referred to Staff. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Couneil Member Kronfaldt. Communication of Planning and Zon- ing Commission advising of their ap- proval to rezone property at 2234 and 2236 Central from R-2A to C-4 as re- quested by Bruce Heltz, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded-by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Khiesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfaldt. An ORDINANCE Amending Zoning Ordinance and Zoning Map by reclass- ifying property at 2234 and 2236 Cen- tral Ave. from R-2A Alternate q~vo Fam- ily Residential District to C-4 Downtown Commercial District, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 5th day of October, 1987 at 7:30 o'clock p.m. in the Public Library Auditorium and the City Clerk is to publish notice in the manner prescribed by law. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager responding to correspondence received relative to water pressure and water supply to Buena Vista Subdivision #1-#5 inclusive, presented and read. Council Member Kinesner moved that the communication be received and fil- ed and approved City's Manager's recommendation to take no action at this time. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Member De/ch, Kluesner, Krieg, Manning, Simon. Nays--Mayor Brady. Absent--Council Member Kronfeldt. Attorney Robert Bertsch, for Carl Burbach, spoke to the communication. Communiction of City Manager sub- mitting Resolutions regarding the The/sen Suppl~ Inc. project, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfaldt. RESOLUTION NO. 266-87 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT. WHEREAS, the City of Dubuque en- tered into a Grant Agreement for the Calendar Year commencing January 1, 1987 with the U.S. Department of Hous- ing ond Urban Development~ providing for finand~al assistence to the City under Title I of the Housing and Community Devel- opment Act of 1974, as amended; and 385 Regular Session, September 21, 1987 WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to be financed with Community Development Block Grant funds; and WHEREAS, an ad hoc Environmen- tal Review Committee on September 8, 1987 has after due consideration made a determination that the project is not a major Federal action significantly al- fecting the quality of the human NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. * Theisen Supply, Inc. Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of October 5 1987 authorizing the submission of a re- quest to the U.S. Department of Hous- lng and Community Development to undertake the project. Passed, approved and adopted this 21st day of September, 1987. James E. Brady Mayor ATTESq]. Mary A. Davis City Clerk Council Member Simon moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues* ncr, Krieg, Manning, Simon. Nays-- None. Absent--Council Member Kron- feldt. RESOLUTION NO. 267-87 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH THEISEN SUPPLY, INC. WHEREAS, under provisions of Title I of the Housing and Community Development Act of 1974, as amended the City of Dubuque has received Com- munity Development Block Grant Funds for the purpose of stimulating economic development activities within the community; and WHEREAS, Theisen Supply, Inc. wishes to improve the efficiency of its ex- isting operations through the purchase a~d installation of a computerized inven- tory system; and WHEREAS, the City of Dubuque, Iowa desires to assist Theisen, Supply, Inc. in its efforts to enhance and expand its existing operations; to create perma- nent employment opportunities for its citizens; and WHEREAS, a Loan Agreement is to be executed by the Theisen Supply, Inc. and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque. Iowa upon the Loan Agreement hereto attached, awarding a fifty thousand dollar ($50,000) loan to Theisen Supply, Inc. ac- cording to the terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Devel- opment Block Grant entitlement fund, in accordance with the terms and con- ditions of Loan Agreement hereto attached. Passed, approved and adopted this 21st day of September, 1987. Regular Session, September 21, 1987 386 James E. Brady Mayor ATTESq! Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication o¥ City Manager recommending authorization of an Ap- plication for funding of 100 Section 8 Moderate Rehabilitation Units, pre- sented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 268-87 RESOLUTION AUTHORIZING AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMF.NT FOR FUNDING OF 100 UNITS UNDER THE SECTION 8 MODERATE REHABILITATION PROGRAM. WHEREAS, the City of Dubuque ("City") functions as a public housing agency authorized by provisions of Chapter 403A of the Code of Iowa as amended; and WHEREAS, the City and the United States Department of Housing and Ur- ban Development ("HUD") have approv- ed a housing assistance plan for 1985-88 which calls for the City to actively pur- sue applications for housing subsidy funds with emphasis upon the util~ation of existing housing stock; and WHEREAS, HUD has discretionary funds available for Section 8 Moderate Rehabilitation Housing units. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby approves the submission of an ap- plication to the United States Depart- ment of Housing and Urban Develop- ment for funding of 100 units of Section 8 Moderate Rehabilitation Housing. Section 2. That the City Council hereby authorizes and directs the Mayor to sign said application. Section 3. That the City Manager is hereby authorized and directed to pre- pare and submit said application, Passed, approved and adopted this 21st day of September, 1987. James E. Brady Mayor ATTESq~ Mary A, Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner~ Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfaldt. Communication of Planning and Zon- ing Com~nission advising of their denial to rezone property at 2460 J.E Kennedy Read from R-1 Single Family Residential District to OR Office Residential District as requested by Vicki Bechen and Ruth Hanson, presented and read. Council Member Kluesner moved that the cotnmunication be received and fil- ed and concur with the denial, Second- ed by Council Member Sbnon. Vote on the motion was as follows: Yeas--Council Member Kluesner. Nays--Mayor Brady, Council Members Deich, Krieg, Man- ning, Simon. Absent-Council Member Kronfeldt. MOTION FAILED. An ORDINANCE Amending Zoning Ordinance and Zoning Map by reclassi- fying property at 2460 John F. Kennedy Road from P~i Single Fmnily Residential District to OR Office Residential District, presented and read. 387 Regular Session, September 21, 1987 Council Member Manning moved that this be considered the first reading of the Ordinance and that it be set for Public Hearing on October 5, 1987 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krleg, Man- ning, Simon. Nays--Council Member Kluesner. Absent--Council Member Kronfeldt. Co~mnunication of City Manager sub- mitting Ordinance regarding heavy vehicles from traveling on portions of Bies Drive, Grandview Ave. and Kelly Lane, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 62-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25462 PRO- HIBITING HEAVY VEHICLES ON CERTAIN STREETS, presented and (OFFICIAL PUBLICATION) ORDINANCE NO. 624~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 25-162 PRO- HIBITING HEAVY VEHICLES ON CERTAIN STREETS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque~ Iowa, be amend- ed by repealing Section 25-162 thereof. Passed, approved and adopted this 21st day of September, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 25th day of September, 1987. Mary A. Davis City Clerk it 9/25 Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesne~; Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 2694~7 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exmnined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; 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 applicants a Beer Permit. CLASS "B" BEER PERMIT Pizza Hut Pizza Hut of Dubuque #2 320 E. 20th St. (Also Sunday Sales) CLASS "C" BEER PERMIT Robert J. BreRbach Oky Doky $9 51 W. 32nd St. (Also Sunday Sales) Kopple's Market, Inc. Kopples Grocery 1098 University (Also Sunday Sales) Regular Session, September 21, 1987 388 Passed, approved and adopted this 21st day of September 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 270-87 WHEREAS, Applications for Liquor 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 inspected and found to comply with the State Law and all City O~linances 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 nan~ed applicant(s) a Liquor CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eagle Point Tavern, Ltd. Windsor Tap 2401 Windsor (Also Sunday Sales) Elaine Kelly Coach House Highway 20 West Leroy A. Miller Whitey's Bar-X 2616 Windsor (Also Sunday Sales) Angela Mangeno Hard Times Tavern 1401 Elm St. (Also Sunday Sales) Gary Kupferschmldt & Patrick J. Barry Whiskey River 1064 University (Also Sunday Sales) Passed, approved and adopted this 21st day of September, 1987. James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Si~non. Nays--None. MINUTES SUBMITTED: Airport Comm. of 9-1, presented and read. Council Member Maturing moved that the minutes be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Civil Service Comm. of 7-23 & 8-27; Planning & Zoning Comm. of 9-2; Zon- ing Board of Adjustment of 9-3; Park & Recreation Comm. of 9-8; Historic Preservation Comm, of 9-8; Police Retire- ment Board of 9-11, presented and read. Council Member Manning moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. N(YrICES OF CLAIMS AND SUITS: Helen C. Mueller in unknown amount for personal injuries: Dale & Tommy Gansen hi amount of $395 for backed up sewer damages, presented and read~ Council Member Marmlng moved that the claims be referred to the Legal Staff for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon, Nays--None. Absent--Council Member Kronfeldt. REFUNDS REQUESTED: Oak Ridge Athletics, Inc. in amount of $150 for unexpired Beer Permit; St. Cohimb- kille's Church $225 on unexpired Beer 389 Regular Session, S¢ ~tember 21, 1987 Permit, presented and read. Council Member Manning moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kltiesner, Krieg, Manning, Simon. Nays--Nane. Absent--Council Member Kronfaldt. United States DOT giving 90 Day notice of Air Wisconsin, Inc. of intent to suspend service between Waterloo and Chicago and Dubuque and Chicago, presented and read. Council Member Manning moved that the Notice be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. September 14, 1987 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the 1987 Code of Iowa. the Civil Service Commission conducted Pro- motional Examinations on August 20, 1987 for the position of Fire Equipment Operator within the Fire Department. The following members of the Fire Department have successfully passed the written promotional examination. FIRE EQUIPMENT OPERATOR James Imhoff Michael G. Knowles Garry J. Arensdorf All promotions within the Fire Depart- ment for the position should be made trom the above list. Respectively submitted Robert M. Miller Chairperson Pat Dillon Gerald Koppes Civil Service Comnfission ATTES~ Mary A. Davis Secretary Council Member Manning moved that this communication be received and fil- ed and resolved to make it a mattor of record. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of Corporation Coun- sel recommending denial of personal in- jury cinim of Aetna Casualty as Sub- rogee for Thermo Khig, presented and read. Council Member Manning moved that the communication be received and fil- ed and denial approved. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon, Nays--None. Absent--Council Member Kronfeldt. Communication of Planning and Zon- ing Commission approving final plat of the Subdivision of Lot 2-1-1-1-1 of "Henschel's Black Forest" located west of Richards Road Extension, presented and read. Council Member Maiming moved that the communication be received and fil- ed. Seconded by Council Member Khies- nm; Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent-Council Member Kronfeldt. RESOLUTION NO. 271-87 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUB- DIVISION OF LOT 2 OF LOT I OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF "HENSCHEL'S BLACK FOREST" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot i of Lot 1 of "Henschel's Black Forest" in the City of Dubuque, Iowa; WHEREAS, said final plat has been examined by the City Planning and Zorn Regular Session, S~ lng Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to the statutes and ordinmmes relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the.final plat of the Subdivision of Lot 2 of Lot i of Lot 1 of Lot 1 of Lot i of Lot 1 of "Henschel's Black Forest" in the City of Dubuque, Iowa be and the same is hereby approv- ed, and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Du- buque, Iowa upon said final plat. Passed, approved and adopted this 21st day of Septomber, 1987. James E. Brady Mayor ATTESq~. Mary A, Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Manning, Signori. Nays--None. Absent--Council Member Kronfaldt. Communication of City Manager pro- viding a brief summary of a public meeting conducted by the City Man- ager's Office on the proposed Fiscal Year 1989 City Budget, presented and read. Council Member Manning moved that the communication be received and ill- ed. Seconded by Council Member Klues- her. Carried by the following vote: Yeas--Mayor Brady, Council Members Deicb, Kinesner, Krieg, Manning, Sin~on. Nays--None. Absent--Council Member Kronfeldt. Comxnunlcation of Corporation Counsel recommending closure of pe~' sonai injury claim of Alfred Rehfeldt; Car damage cinim of Fred Rheanlt and Personal Injury claim of Helen C. Muelinr, presented and read. ,tember 21, 1987 390 Council Member Manning moved that the communication be received and fil- ed and approved closures, Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager sub- mitting Adnfinistrative Policy 4.10 en- titled "Receipt or Solicitation of Gifts by City Employees" and requesting City Council approval, presented and read. Council Member Manning moved that the communication be received and fil- ed and approved. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent-- Council Member Kronfeldt. There being no further business, Coun- cil Member Deich moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Meeting adjourned -- 9:07 PM. Mary A. Davis City Clerk Approved 1988 Adopted 1988 Mayor Council Members ATTESq~ City Clerk