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1985 June Council ProceedingsSpecial Session, May 20, 1985 cil Member Kronfeidt moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Meeting adjourned- 9:08 p.m. Mary A. Davis City Clerk Approved_ __1985 Adopted ~ __1985 Mayor Council Members ATTEST: City Clerk 325 Regular Session, June 3, 1985 CITY COUNCIL OFFICIAL Regular Session, June 3, 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, Cor- poratinn Counsel Barry A. Lfudahl. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the Council called for the purpose to act upon such business which may pro- perly come before the Council. The invocation was given by Mr. Kenneth Fleming, Professor or Mis- sions at Emmaus Bible College, Council Member Hammel moved to suspend the rules to let anyone pre- sent address the Council ff they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- ing to rezone property at 2417 and 2501 Rhomberg Ave. from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center, presented and read. Council Member Deich moved that proof of publication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Nammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of Eldon H. Strohmeyer con- talning 17 signatures opposing the zon- ing change for property known as 2417 and 2501 Rhomberg Ave., presented and read. Mr. Strohmeyer spoke to the petition, along with Eldon Pust, Tim Wright, Gene Leicht, and Dennis Grant, all of Lincoln and Rhomberg Ave., opposing the rezoning. Council Member Deich moved that the petition be received and filed. Seconded by Council Member Hammei. Carried by the following vote: Ycas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Riueener, Kronfaldt, Manning. Nays--None. AN ORDINANCE Amending the Zoning Ordinance and Zoning Map by reclassifying property known as 2417 R~omberg and 2501 Rbomberg Ave. from "C-1 Neighborhood Commercial District" to C-2 Neighborhood Sbopp- lng Center District", said Ordinance having been previously presented and read at the Council Meeting of May 20, 1985, presented for further action. Counc'd Member Deich moved to not sustain recommendation of the Plann- ing and Zoning Commission and therefore deny the rezoning request. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NOT ENACTED. Proof of Publication, certified to by the Publisher, on Notice of Public Hear- lng to reclassify property at 2774 University Ave. from R-2 Two Family Residential to C-1 Neighborhood Com- mercia], presented and read. No written objections were received and no oral ob- jectors were present at the tkne of the public hearing. Council Member Beur- skens moved that the proof of publica- tion be received and filed. Seconded by Mayor Brady. Carried by the fallowing Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Attorney D. Michael King, represen- ting petitioner Gus Minner Plumb'rog, and John Schuttz, Rick Stein, Dennis White and Ehner Harder requested Council give favorable approval for the rezoning request. ORDINANCE NO. 34-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OR OR- DINANCES, CITY OF DUBUQUE, / Regular Session, June 3, 1985 327 IOWA BE AMENDED BY REVIS- ING APPENDIX "A' THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREINAFTER DESCRIBED PRO- PERTY KNOWN AS 2774 UNIVER- SITY AVENUE FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT" TO "C-1 NEIGHBORHOOD COMMERCIAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of May 20, 1985, presented for further action. Council Member Beurskens moved that the rule requir- ing an Ordinance to be read at three separate meetings be dispensed with. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 34-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF ORDI* NANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- lNG APPENDIX "A' THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY KNOWN AS 2774 UNIVERSITY AVENUE FROM "R-2 TWO FAMILY RESIDEN- TIAL DISTRICT" to "C-1 NEIGH- BORHOOD COMMERCIAL DISTRICT" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tbat the Code of Ordi- nances of the City of Dubuqe, Iowa, be amended by revising Appendix "A" thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-2 two family residential district" to "C-1 Neighborhood Commercial dis- trict" classification, to wit: Lots 1 and 2 of the Subdivision of Lot 1 of J. S. Brunskill's Addition to the City of Dubuque, Iowa, and Lots 2, 3, 4, 5, 6, and 7 of J. S. Bruns- kill's Addition in the City of Dubuque, Iowa, and Lot A of vacated alley of J. S. Brunskill's Addition in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been approved by th Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED THIS 3rd DAY OF June, 1985. JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 10th day of June, 1985. Mary A. Davis It 6/10 City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krunfeldt, Manning. Nays--None. Proof of Publication, certified to by the Publisher, on Notice of Public Hear- hag to allow for certain temporary uses in the C-5 Central Business District, presented and read. No written objec- tions were received and no oral objec- tots were present at the time of the public hearing. Council Member Ham- mel moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Mamaing. Nays--None. ORDINANCE NO. 35-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- ING APPENDIX "A' THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION 3-3.5E AND ENACTING A NEW SECTION 3-3.5E IN LIEU THEREOF TO ALLOW FOR CER- TAIN TEMPORARY USES IN THE 328 Regular Session, June 3, 1985 C-5 CENTRAL BUSINESS DISTRICT, said Ordinance having been previously presented and read at the Council Meeting of May 20, 1985, presented for further action. ORDINANCE NO. 35-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF ORDI- NANCE, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- ING APPENDIX "A" THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SEC- TION 3-3.5 E AND ENACTING A NEW SECTION 3-3.5 E IN LIEU THEREOF TO ALLOW FOR CER- TAIN TEMPORARY USES IN THE C-5 CENTRAL BUSINESS DISTRICT. 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 revising Appendix "A" thereof, also known as the "Zoning Ordinance and Zoalng Map of the City of Dubuque, Iowa" aed by enacting a new Section 3-3.5 E thereof as fol- lows: E. Temporary Uses: The following uses shall be permitted as temporary uses in the C-5 District: 1) Any use listed as a permitted use witliln the district of a limited dura- tion as established in Section 2-5.3 and as dellned in Section 8 of this ordi- Section 2. That the foregoing Amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, PASSED, ADOPTED AND APPROVED THIS 3rd DAY OF June, 1985 JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 10th day of June, 1985. Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krunfeldt, Manning. Nays--None. Proof of Publication, certified to by the Publisher, on Notice of Public Hear- lng to vacate a portion of the alley bet- ween Brunswick Street and BaLke Street, presented and read. No written objections were received and no oral ob- jectors were present at the public hear- lng. Council Member Hammel moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, I-Iammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 36-85 AN ORDINANCE VACATING A PORTION OF THE ALLEY BET- WEEN BRUNSWICK STREET AND BLAKE STREET FROM THE NORTH PROPERTY LINE OF STRAUSS STREET 75 FEET TO THE NORTH, said Ordinance having been previously presented and read at the Council Meeting of May 20, 1985, presented for furl:her action. ORDINANCE NO. 36-85 AN ORDINANCE VACATING A PORTION OF THE ALLEY BETWEEN BRUNSWICK STREET AND BALKE STREET, FROM THE NORTH PROPERTY LINE OF STRAUSS STREET 75 FEET TO THE NORTH. WHEREAS, Martin A. Gansemer has requested the vacating of a per- tion of the alley between Brunswick Street and Balke Street, from the north property line of Strauss Street 75 feet te the north, in the City of Dubuque, Iowa; and WHEREAS, Bartels & Byrne Engin- eering and Land Surveying Company has prepared and submitted to the City Council a plat showing the vacated street and assigned lot num- bers thereof, which shall hereafter be Regular Session, June 3, 1985 known and described as, "Lots 53A and 62A in Belmont Addition, in the City of Dubuque, Iowa"; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that tins portion of the alley is no longer required for public use and the vacation of said alley known as Lots 53A aod 62A in Behaont Addition in the City of Dubuque, Iowa should be approved. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Dubuque, Iowa: Section 1. That said real estate described as Lot 53A and 62A in Bel- mont Addition in the City of Dubuque, Iowa be and the same is hereby vacated. Section 2. That the City reserves unto itself a perpetual casement, including the right of ingress and egress thereto, for the purpose of repairing and maintaining existing public utili- Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estatc in a manner as described by law. Section 4. That the conveyance of Lot 53A in Belmont Addition to Camillus and Harriett Hein, and the conveyance of Lot 62A in Belmont addition to Martin A. and Jo Ann F. Gm~semer, be and the same is hereby approved upon payment of $300.00, together with publication and filing fees. PASSED, APPROVED AND ADOPTED this 3ed day of June, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of June, 1985. Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 175-85 Resolution Approving the Plat of a Vacated Portion of the Alley betw~ Brunswick Stre~t~ and Balke Street, from the North Property Line of Strauss Street 75 Feet to the North. WHEREAS, there has been presented to the City Council of the Ci- ty of Dubuque, Iowa a plat dated May 3, 1985 prepared by Bartels & Byrne Engineering and Land Surveying Com. pany, covering a vacated portion of the alley between Brnnswick Street and Baike Street, from the north property line of Strauss Street 75 feet to the north; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the plat dated May 3, 1985 prepared by Barrels & Byrne Engineering and L~nd Surveying Com. pany covering the real estate hereinabove described, be and the same is hereby approved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, low~ Section 2. That the City Clerk be and is hereby authorized and directed to' file said plat and certified copy of this resolution in the Office of the Recorder in and for Dubuque County, low~ Passed, adopted and approved this 3rd day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Man~ng. Nays--None. RESOLUTION NO. 176-85 Approval of S~le of City Owned Property to Camillus and Harriett Hein 33O Regular Session, June 3, 1985 and Martin A. and Joann F. Gansemer WHEREAS, pursuant to published notice of time and place of hearing published in the Telegraph Herald, a newspaper of general circulation published on May 24, 1985 in the City of Dubuque, Iowa, the City Council of Dubuque, Iowa, met on the 3rd day et June, 1985 at 7:30 o'clock p.m. in the Carnegie-Stout Public Library, llth and Bluff Streets, Dubuque, Iowa, to consider the proposal of disposing of real estate of the City of Dubuque, Iowa, being that property described as follows: Lots 53A and 62A in Belmont Addi- tion in the City of Dubuque, Iowa. Such property to be sold as follows: a. Lot 53A in Belmont Addition to Cami]lus and Harriett Hein; b. Lot 62A in Belmont Addition t, Martin A. and JoAnn F. Gansemer upon payment of $300.00 together with publication and filing fees. WHEREAS, the City Council of the City of Dubuque, Iowa, has overruled any and ali objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove real estate to the above named grantees. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the in- retest of the City of Dubuque, Iowo~ in the following desoribed property: Lot 53A in Belmont Addition to C~millus and Harriett Hein and Lot 62A in Belmont Addition to Ma~ tin A. and JoAnn F. Gansemer be and the same is hereby approved for the total price of $300.00 plus publication and filing fees. Conveyance shall be by Quit Claim Deed and no abstract will be furnished by the City. The City reserves unto itself a perpetual ease- ment, including the right of ingress and egress thereto, for the purpose of repairing and maintaining existing public utilities. Section 2. That the City Clerk be and she is hereby directed and authorized to deliver deed of conveyance, ~onvey- ina the above described real estate to the above named grantees upon receipt of the purchase price in full. Section 3. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this resolu- tion in the offices of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, adopted and approved this 3rd day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Planning and Zon- ing Commission approving amendment to Zoning Ordinance to add new defini- tions of Personal Services, Business Services and Temporary Uses, presented and read. Council Member Kronfeldt moved that the conununica- tion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, I~uesner, Kronfaidt, Manning. Nays--None. A~ ORDINANCE Amending the Zoning Ordinance and Zoning Map alao known as Appendix "A" to the Code of Ordinances by deleting from Section 8 the definitions of Personal Services and Business Services and enacting new definitions in lieu thereof, and by ad- ding the definJtlon of temporary uses, ~resented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deicb, Hammel, Kluesner~ Kronfeldt, Manning. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings Regular Session, June 3, 1985 331 prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bbrs Beurskens, Deich, Hummel, I~uesner, Kronfeldt, Manning. Nays--None. Council Member Kronfeldt moved that a Public Hearing be held on the Or- dinance on June 17, 1985 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hummel, Klussner, Kronfeldt, Manning. Nays--None. Communication of Chairperson of Deck Commission and City Manager requestfmg that a Public Hearing be set on a five year lease between the City and Dubuque Water Ski Club, presented and read. Council Member Kconfeldt moved that the communica- tion be received and filed and Hearing set for June 17, 1985 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 follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Adams Company requesting issuance of Industrial Revenue Bonds in the amount of $600,000, presented and read. Attorney Allen Carew requested that the Council set a Public Hearing on this matter so that the Adams Co. can get on with their improvements. Council Member Hummel moved that tins mat- ter be tabled until the Council Meeting of June 17th. MOTION DIED FOR LACK OF A SECOND. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Deich. C~rried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--Council Member Hummel. RESOLUTION NO. 177-85 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1985 (The Adams Company Project) WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and era- powered by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the "Act"), to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, im- provements and equipment or any in- retest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing of any agricultural or manufactured products or of any commercial enter- prise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been re. quested by The Adams Company (the "Company"), an Iowa corporation, to issue its revenue bonds to finance the cost of the remodeling, reconstruction and re.equipping of 44,000 sq. ft. of a 150.000 sq. ft. existing manufacturing facility for the custom manufacture of power transmission parts (the "Project"), located at 100 East Fourth Street within the Issuer, which will pro- mote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the suance of Industrial Development Revenue Bonds, Series 1985 (The Adams Company Project), of the Issuer in an aggregate principal amount not to exceed $600,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and 332 Regular Session, June 3, 1985 WHEREAS, before the Bonds may be issued, it is necessary to conduct a public bearing on the proposal to issue the Bonds, ali as required and provid- ed for by Section 419.9 of the Act and Section 103(k) of the Internal Revenue Code; NOW, THEREFORE, BE IT RE- SOLVED by the City Council o~,the Section 1. This Council shall meet at the Public Library Auditorium in Dubuque, lowa, on the 1st day of July, 1985, at Z'3O o 'clock p. m., at whieh time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Telegraph Herald, a newspaper published and having a general circula- tion within the Issuer. The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1985 (The Adams Company Project) The City Council of the City of Dubuque, Iowa (the "Issuer") will meet on the 1st day of July, 1985, at Public Library Auditorium, in conduc- ting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1985 (The Adams Company Project), of the Issuer, in an aggregate principal amount not to exceed $600,000 .(the "Bonds"), and to loan said amount to The Adams Company (the "Company"), an Iowa corporation, for the purpose of defraying the cost, to that amount, of the remodeling, reconstruction and re-equipping of 44,000 sq. ft. of a 150,000 sq. ft. ex- isting manufacturing facility for the transmission parts (the "Project"), located at 100 East Fourth Street within the Issuer. The Bonds, when issued, will be limited obligations and Will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issupr under a Loan Agreement between the Issuer and the Company, the obliga- tinn of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shah become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds. and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Writ- ten comments may also be submitted to the Issuer at City Clerk, City Hall, Dubuque, Iowa 52001. Written com- ments must be received by the above hearing date. By order oftbe City Council, this 3rd day of June, 1985. Mary A. Davis City Clerk Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extend of such conflict. Passed, adopted and approved this 3rd day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution and set it for Hearing on July 1, 1985 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 fonowing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Kinesner, Kconfeldt, Manning. Nays--Council Member Hummel. Communication of City Manager recommending approval of Loan Agreement between City and 3D Co. for renovation of former Kresge Regular Sessio~ Building, presented and read. Council Member Kluesner moved that the cunununication be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 17885 A Resolution approving a Loan Agreement between the City of Dubu qua end 3D Company, Inc. providing for the Lean of $250,000 of Iowa Community Development Loan Funds ~nd Authori~ng and Directing the Mayor and City Clerk to execute said Agreement on behalf of the City of Dubuque. WHEREAS, by Resolution No. 199-84 dated 29, 1984 the City Council authorized the filing of an application for a $250,000 loan f~om the Iowa Com- munity Development Lean Program for a Downtown Redevelopment Froject; and WHEREAS, said application was ap. proved by the State of Iowa Office for Planning and Programming on July 26, 1984 and the City entered into an Iowa Community Development Loan A~'ee- merit with the Office for Plarming and Programming on August 17, 1984; and WHEREAS, the project for winch said loan was approved is the acquls~- tion and renovation of the former J.C. Penney and S.S. Kresge buildings in downtown Dubuque; and WHEREAS, the City of Dubuque, Dubuque In-Futaro, Inc. and 3D Com- pany, Inc. have undertaken said pro- ject; and WHEREAS, a separate Loan Agree- ment providing for the loan of funds from the City of Dubuque to 3D Com- pany, Inc. has been executed by 3D Company, Inc. and the same is hereto attached and by this reference is made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Loan , June 3,1985 333 Agreement between the City of Dubu- qua, Iowa and 3D Company, Inv. pr~ viding for the Ivan of $25~000 of lowa Community Development Loan Funds for the renovation of the former S.S. Kresge building in downtown Dubuque i~ hereby accepted and approved~ Section 2. That the Mayor and City Clerk be and they are hereby authorized md directed to endorse the approval of the City of Dubuque, Iowa upon said Loan Agreement. Section 3. That the City Manager be and he is hereby authorized and directed to disburse funds according to said Loan Agreement from the State of Iowa Community Development Loan Funds. Passed, adopted and approved this 3rd day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesuer moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing approval of Agreement bet- ween Phon~-A-Friead, Inc., Informa- tion and Referral Service and the City a~ Dubuque, presented and read. Court- cil Member Bsurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayur Brady, Council Mem- bars Beurskans, Deich, Hammel, Kluesner, Kronfeldt, Manvfug. Nays--None. RESOLUTION NO. 1794~5 A l~esulutian Approving a Funding Agreement between the City of Dubu- que and the phane-A-Friend, Inc. Infur- marion and Referral Service and Autharlzing and Directing the City Man~ger to Execute Said Agreement 334 Regular Session, June 3, 1985 on behalf of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, Iowa, has negotiated with the Phone- A-Friend, Inc. Information and Refer- ral Service to continue to provide sar- vices for the expressed purpose of aiding the City of Dubuque in meeting . the social and eeonoxnic needs of the low and moderate income persons and the long-term unemployed; and WHEREAS, the terms and condi- tions under winch Phone-A-Friend Inc. Information and Referral Service will be funded for providing the above- described services are set forth in a Funding Agreement, a copy of which Agreement is 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 attached Fun- ding Agreement by and between the City of Duhaque, Iowa and the Phone- A-Friend, Inc. Information and Refer ral Service be and the same is hereby approved Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, adopted and approved this 3rd day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending adoption of 28E Agre~ ment pertalnlng to Operation: New View, as drafted by State Office of Planning and Programming, presented and read. Council Member Kronfeidt moved that tins matter be tabled. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, I~uesner, Kronfeldt, Manning. Nays--Nuns. Communication of City Manager recommending that Banners be install- ed on City light standards in downtown area, presented and read. Council Member Bearskens moved that the communication be received and filed and request approved and City Manager authorized to install. Second- ed by Council Member Manning. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammei, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending indemnify (open guarantee) surety bond in the amount of $100,000 as required by the Iowa Haeing Assn., presented and read. Council Member Deich moved that the eommuincation be received and filed and surety bond be approved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammei, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Council Member Thomas Banrskens submitting his resignation from the Dubuque City Council effective June 15, 1985, presented and read. Council Member Deich moved that the communication be received and filed and accepted with regret. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich~ Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council to discuss procedure, process and guidelines regarding the filling of the vacancy on the City Council created by the resignation of Council Member Bearskens, presented. Council Member Manning moved that a resume and ap- plication be submitted by June 14th, to the City Clerk's office, to be presented at the meeting of June 17th for appoint- ment (application to include back- Regular Session, June 3,1985 ground) and City Clerk directed to publish notice stating Council intends to appoint at the meeting of June 17th. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. APPOINTMENTS: Communication of Rac'mg Assn. requesting appoint- ment to fill vacancy of Tom Beurskens on Racing Assn., presented and read. Council Member Mnanin4~ moved that Council Member Kronfeldt continue to serve. Seconded by Council Member Kluesuer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hummel, Kluesner, Kronfcidt, Manning. Nays--None. Council Member Deich moved that further appointment to the Dubuque Racing Assn. be tabled until the next Council Meeting. MOTION DIED FOR LACK OF A SE- COND. Council Member Kronfeldt moved that Mayor Brady be appointed to the Dubuque Racing Assn. to fill the ex- isting vacancy with the final appoint- ment made upon the due review of the lease. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 180-85 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 Duha- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. ARA SERVICES Dubuque Greyhound park Track E. 16th Extension Robert J. Breitbach Oky Doky g9 51 W. 32nd St. Passed, adopted and approved this 3rd day of June, 1985. James E. Brady Mayor ATTEST: Regular Session, June 3, 1985 Mary A. Davis City Clerk Council Member Bsurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel~ Riuesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 181-85 WHEREAS, Applications for Bee Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pllcants a Beer Permit. Passed, adopted and approved this 3rd day of June, 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, Hamme] gluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 182-85 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 all City Ordinances reit- vant 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. Passed, adopted and approved this 3rd day of June, 1985. James E. Brady Mayor Aqq'EST: Mary A. Davis City Clerk Council Member Bsurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Riuesner, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Building Cede Advisory and Appeals Board of 5-8; Electrical Examining Board of 5-13; Historic Preservation Comm. of 5-14; Human Rights Corem, of 5-13; Park & Recreation Comm. of 5-14; Public Library of 5-14; Planning and Zoning Comm. of 5-15; Zoning Board of Adjustment of 5-16; Transit Trustee Bd, of 5-9; Transit Bd. Earnings Stete- ment and Statistics for month of April, 1985, presented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Regular Session, June 3, 1985 337 Nays--None. NOTICES OF CLAIMS AND SUITS: Rebecca Barker, in amount of $265.24 for car damages; Kurt Cable, in amount of $100 for personal proper- ty damages; Greg and Jane Luchs- inger, in amount of $260 for backed-up sewer damages; Donald L. McCoy et ux, in amount of $147.63 for car damages; Bruce L. McHaney in est. amount of $366.92 for car damages; ~ster Mary Jean Murphy, in amount of $2,000 for personal injuries; Melin- da O'Connell-Ziegenfuss, in unknown amount for personal injuries; Reva VanNatta, in amount of $168 for per- sonal property damages, presented and read. Council Member Beurskens moved that the claims and suits be referred to the Legal Staff for in- vestigatinn and report. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Local 94, UAW, voicing dissatisfaction with Group W Cable rate increase and requesting Council to roll back the rates to pre- May 1, 1985 levels, presented and read. Council Member Beurskens moved that the communication be received and ill-. ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. City Manager submitting Financial Reports for the month of April, 1985, presented and read. Council Member Beurskens moved that the reports be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. 10:11 p.m., Council Member Kronfeldt moved to go into Closed Ses- sion in accordance with Chapter 21.5 1 (c), Code of Iowa, 1985. as amended, to discuss strategy with Counsel in mat- ters that are presently in ligitation or where litigation is imminent. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfcidt, Manning. Nays--None. 10:54 p.m. Council reconvened. Mayor Brady stated that the Legal Counsel had been given direction in regard to litigation. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Beurskens. Meeting adjourned at 10:55 p.m. Mary A. Davis City Clerk Approved 1985 Adopted .1985 Mayor Council Members ATTEST: City Clerk Regular Session, June 17, 1985 B o rd of Health OFFICIAL Special Session, June 17, 1985. Board Met at 7:25 o'clock p.m., in the Public Library Auditorium. present--Chairperson Brady, Members Deich, Hammel, Kluesner, Kronfeldt, Manning, Chairperson Brady read the call and stated this Meeting is called for the purpose to consider that the Chairper- son be authorized to execute necessary documents pertaining to VNA Public Nursing Services for FY '86 Communication of City Manager re- questing Board of Health Chairperson be authorized to execute documents regarding VNA Public Nursing ser- vices for Fiscal Year 1986, presented and read. Board Member Kronfeldt moved that the communication be received and filed. Seconded by Board Member Manning. Carried by the following vote: Yeas--Chairperson Brady, Board Members Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. There being no further business, Board Member Manning moved to ad- journ. Seconded by Board Member Hammel. Carried by the following vote: Yeas--Chairperson Brady, Board Members Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Meeting adjourned at 7:27 p.m. Mary A. Davis Secretary, Board of Health Approved 1985 Adopted __1985 Chairperson Board of Health Members ATTEST: Secretary, Board of Health 340 Specfal Session, June 17, 1985 Special Session, June 17,1985 339 CITY COUNCIL OFFICIAL Special Session, June 17, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. 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 A LEASE AGREEMENT BET- WEEN THE CITY OF DUBUQUE AND THE DUBUQUE WATER SKI CLUB and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Ber- nard McCarty, Pastor of Calvary Bap- tist Church. Council Member Deich 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 Delch, Hammel, Kluesner Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- lng to consider a Lease Agreement bet- ween the City of Dubuque and the Dubuque Water Ski Club, presented and read. There were no written objec- tions received and no oral objectors pre- sent at the time of the Hearing. Mr. Don McMullen, represenfmg the Water Ski Club, stated endorsement of the Lease. Counc'fl Member Deich mov- ed that the proof of publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayer Brady, Council Mem- bers Deinh, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 183-85 Resolution Approving a Lease Agree- ment with the Dubuque Water Ski Club on Chaplain Schmitt Memorial Ielnnd WHEREAS, the City of Dubuque Board of Dock Commissioners has con- sidered the leasing of property known as the "Ski Club Lease" on Chaplain Sehmitt Memorial Island; and WHEREAS, the City of Dubuque Board of Dock Commissioners has reconunended the approval of a propos- ed lease and agreement for the proper. ry. This will be for a per/ed of five years from June 3, 1985 through June 2, 1990; and WHEREAS, the City Counc'd of the City of Dubuque, having reviewed the terms of the lease and agreement, and concurring with the City of Dubuque Board of Dock Commissioners that the terms of the proposed lease and agree- rent are acceptable and the ]easing of the property deemed to be in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed lease and agreement between the City of Dubu- que and the Dubuque Water Ski Club for property located on Chaplain Schmitt Memorial Island is hereby ap- proved by the City Council of the City of Dubuque for a period of five years from June 3, 1985 through June2, 199~ Section 2. The Mayor be authorized and directed to execute the lease and agreemen~ Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor kTTEST: Mary A. Davis City Clerk Conned Member Dcich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Conned Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- ing to consider an Ordinance by revis- ing Zoning Ordinance by deleting from Section 8 the definition of Personal Services and Business Services and e~acting new definitions in lieu thereof and by adding the definition of Tem- porary Uses, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kronfeldt moved that the proof of publication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfeldt, Manning. Nays--None. ORDINANCE NO. 37-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX "A" THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY DELETING FROM SEC- TION 8 THE DEFINITIONS OF PERSONAL SERVICES AND BUSINESS SERVICES AND ENAC- TING NEW DEFINITIONS IN LIEU THEREOF, AND BY ADDING THE DEFINITION OF TEMPORARY USES, said Ordinance having been presented and read at the Council Meeting of June 3, 1985, presented for further action. ORDINANCE NO. 37-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- ING APPENDIX "A" THEREOF, ALSO KNOWN AS "THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY DELETING FROM SECTION 8 THE DEFINITIONS OF PERSONAL SERVICES AND BUSINESS SERVICES AND ENACTING NEW DEFINITIONS IN LIEU THEREOF, AND BY ADDING THE DEFINITION OF TEMPORARY USES. 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 revising Appendix "A" thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by deleting from Section 8 the definitions of Personal Services and Business Services, and enacting adopflon of new definitions thereof ~s follows: Personal Services: Uses providing human services exclusively to private individuals as the ultimate consumer. Personal services shall be limited to grocery shopping services, tailoring and alterations, private household services and temporary personal in-home care. Business Services: Uses providing services to people, groups, businesses, dwellings & other buildings. Business services shall include janitorial ser- vices, carpet and uphoLstery cleaning, painting and decorating, building main- telmnce, swhnming pool maintenance, security service, graphics / advertising agency, photocopying / duplication, quick print shops, printing, blueprint- ing, sign painting, non-vehicle equip- ment rental, and similar uses. Temporary Uses: Impermanent uses of an occasional nature not exceeding six (6) months maximum duration. Temporary uses shall not involve the use of permanent struc- tures, permanent signs, or portable signs. Uses of a seasonal nature that recur periodically on a regular basis on the same site and re-occupy the same permanent building shall not be con- sidered Temporary Uses. 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 17th DAY OF June, 1985. JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 21st day of June, 1985. Mary A. Davis City Clerk It 6/21 Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- Special Sessior bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specifications for construction of Rotman Retaining Wall, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kronfeldt moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfeldt, Manning. Nays--None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 184-85 WHEREAS, on the 15th day of May 1985, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Rotman Retaining Wall; and WHEREAS, notice of hearing on plans, specifications, form of contract and estimated cost was published as rs- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specification~ form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and esthnated cost for said improvements for said pro- ject. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: ,June17,1985 341 Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for the construction of the Rotman Retaining Wall AND Communication of City Manager recommending to award contract for the project, presented and read. Council Member Kronfeldt moved that the pre- of of publication and tbe communica- tion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kconfeldt, Manning. · Nays--None. AWARDING CONTRACT RESOLUTION NO. 185-85 WHEREAS, sealed proposals have been sufunittad by contractors for the Retman Retaining Wall pursuant to Resolution No. 164-85 and notice to bid- ders published in a newspaper publish- ed in the City of Dubuque, Iowa on the 24th day of May, 1985. WHEREAS, said sealed proposals were opened and read on the 6th day of June, 1985 and it has been determined that the bid of Wililam Becket & Sons of Dubuque in the amount of $37,898.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa: That the contract for the above im- provement be awarded ta Will/am Becket & Sons and the Manager be and is hereby directed to execute a contract on behaff of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bid- ders. 342 Special Session, June 17, 1985 Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfeldt, Manning. Nays--None. Proof of publication, certified to b~ the Publisher, on Notice of Public Hear lng on Plans and Specifications for the construction of the Main and 14th Street Storm Sewer Rehabilitation, presented and read. There were no writ- ten objections received and no oral ob- jectors present at tbe time of the Hear- lag. Council Member Kconfeldt moved that the proof of publlcatinn be received and filed. Seconded by Council Member Kluesner. Carried by the fuilowing vote: Yeas--Mayor Brady, Council Mem- bers Deinh, Hammel, Kluesner Kronfeldt, Manning. Nays--None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 186-85 WHEREAS, on the 15th day of May 1985, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Main and 14th Street Storm Sewer Rehabilitation; and WHEREAS, notice of hearing on plans, specifications, form of contract and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and esthnated cost for said improvements for said pro- ject. Passed, adopted and approved this 17th day of June, 1985. Jan~es E. Brady Mayor ATTEST: Mary A. Dav/s City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for the construction of Main and 14th Street Storm Sewer Rehabilitation, AND Communication of City Manager recommending to award Contract for the project, presented and read. Council Member Kronfeldt moved that the proof and communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. AWARDING CONTRACT RESOLUTION NO. 187~5 WHEREAS, sealed proposals have been submitted by contractors for the Main and 14th Street Storm Sewer Rehabilitation pursuant to Resolution No. 168-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of May, 1985. WHEREAS, said sealed proposals were opened and read on the 6th day of June, 1985 and it has been determined that the bid of Pressure Concrete Com- pany of Florence, Alabama in the amount of $64,544.00 was the lowest bid for the furnishing of ail labor and materials and performing the work as provided for in the plans and specifica- tions. NOW, THEREFORE, BE IT RE- Special Session, June 17, 1985 SOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to Pressure Concrete Company and the Manager be and is hereby directed to execute a contract on behaff of the City of Dubu- que for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 17th day ~f June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfuldt moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kineener Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Published, on Notice of Public Hearing on Plans and Specifications for construction of Northwest Arterial from Pennsylvania to Asbury Rend, P.C.C. Paving and Street Lighting, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kineaner moved that the proof of publication be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hummel, Kluesner Kronfuldt, Manning. Nays--None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 188-85 WHEREAS, on the 15th day of May, 1985, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Northwest Arterial from Penn. sylvania Avenue to Asbury Road, P.C.C. Paving and Street Lighting; and WHEREAS, notice of hearing on plans, spec'ffications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA.' That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, spec'flies- U~ons, form of contract and estimated cost for said improvements for said pro- ject. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Ycas--Mayor Brady, Council Mem- bers Dalch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders for the PCC Pavement in the City of Dubu- que on Northwest Arterial from Penn- sylvania Avenue north to Asbury Road AND Communication of City Manager recommending to award contract for the project, presented and read. Council Member Kluesner moved that the proof and communication be received and Ill- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers De~Ch, HammeI, Kluesner, Kronfeldt, Manning. Nays--None. AWARDING CONTRACT RESOLUTION NO. 189-85 WHEREAS, sealed proposals have Special Session, June 17, 1985 been submitted by contractors for tho Northwest Arterial from Pennsylvania Avenue to Asbury Road, P.C.C. Pay- i~g and Street Lighting pursuant to Resolution No. 162-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 30th day of May, 1985. WHEREAS, said sealed proposals were opened and read on the llth day of June, 1985 and it has been determin- ed that the bid of the Flynn Company, of Dubuque in the amount of $612,764.83 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provements be awarded to tho Flynn Company, subject to the concurrence of the Federal Highway Administra- tion and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- ter's bond, the City Treasurer is authorized and instructed to return the bid deposit of the unsuccessful bid- ders. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Kronfuldt, Manning. Nays--None. Communication of Planning and Zon- ing Commission approving rezanlng re- quest for Lots 4, 5, 6 & 7 of Blocks 1 and 2, Westchester, located on the south side of the 3400 Block of Asbury Road from R-4 Multi-Family Residen- tlal District to OR Office Residential Dlat~ict, presented and read. Council Member Klueener moved that the com- munieation be received and filed. Seconded byCouncfl Member Manning. Carried by the following vote: Yens--Council Members Hammsi, Klueaner, Kronfeldt, Manning. Nays--Mayor Brady, Council Mem- ber Deich. An ORDINANCE Amending the Code of Ordinances by revising "Zen. ing Ordinance and Zoning Map" by reclassifying property located in the 3400 Block of Asbury Road from "R-4 Multi-Family Residential District" to "OR Office Residential District" presented and read. Council Member glueaner moved that the reading just had be considered the first reading of the Ordinance, that the rule requiring an Ordinance to be presented and read at two mcot'mgs prior to the meeting when final action is f~ken, be dispensed with and that a Public Hearing be held on the Ordinance on July 1, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice hi the manner prescribed by law. Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--Council Member Hammel, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Mem- bet Delch. MOTION FAILED DUE TO LACK OF 3/4 VOTE NEEDED. Council Member Klueener moved that the reading just had be considered the first reading of the Ordinance and that a Public Hearing be held on the Or- dinance on July 1, 1985 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 Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Kronfeidt, Manning. Nays--None. Communication of Planning and Zon- ing Commission approving amendment to Zoning Ordinance, Section 8, "Definitions" to clarify the disUmction between "Grocery Store" and "Super- market" for purposes of zoning, Special Sessiun presented and read. Council Member Kranfeldt moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Merew bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Cede of Ordinances by revising "Zon- ing Ordinance and Zoning Map" by ad- ding Section 8, Definitions, the defini- tions of "Grocery Store" and "Super* market", presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance, that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with, and that a Public Hear- ing be held on the Ordinance on July 1, 1985 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 Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfeldt, Manning. Nays--None. Communication of City Manager sub mitting documents regarding the City of Dubuque 1985 Street Program, presented and read, Council Member Kinesner moved that the communica- tion be received and fded. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfaldt, Manning. Nays--None. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 190-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the 1985 Asphalt Paving Pro- ject, in the estimated amount of June 17, 1985 345 $1,330,812.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner, moved edoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deinh, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 191-85 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 inspec- tion of the 1985 Asphalt Paviog Pro. ject. NOW, THEREFORE, BE IT RE- SOLVED that on the 15th day of July, 1985, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hear- lng to be published in a newspaper hay- lng general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for i~s consideration. At the hearing, any interested person may appear and flied objections to the proposed plane, spec'dicagions, contract, or estimated cost of the improvement. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor Special Session, June 17,1985 ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Maturing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Deich, Hammal, Kluesner Kronfaldt, Manning. Nays--None. RESOLUTION OF NECESSITY RESOLUTION NO. 192-85 WHEREAS, proposed plans have been duly prepared and approved by the City Counc'd of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the plans, specifieations, form of con- tract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the 1985 Asphalt Paving Project. BE IT FURTHER RESOLVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improve- trent, and unless property owners at the time of the final consideration of this proposed resolution have on fde with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the pro- ceeding and the legality of using the special assessment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be assessed partially or totally against privately owned proper- ty lying within the assessment limits and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shah be berne by the City win be paid from the General Fund and the Road Use Tax Fund, and special assessment bends may be issued in anticipation of defer- red payments of assessments when a contract has been performed and ac- cepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 17th day of June, 1985. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved ap- proval of the Resolution. Seconded by Council Member Manning. Carried by the follovdng vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfaldt, Manning. Nays--None. FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY RESOLUTION NO. 19~-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 fde in the of- rice of the City Clerk for public inspec- tion, for the 1985 Asphalt Paving Pro- ject, and, WHEREAS, the proposed Resdiu- tlon of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spectinn. NOW, THEREFORE, BE IT RE- SOLVED, that on the 15th day of July, 1985, a public hearing will be held at 7:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at wkich time the owners of property sub- ject to assessment for the proposed im- provement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolutinn of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and Special Session, June 17, 1985 347 place of such hearing to be published in a newspaper having general circula- tion in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless pro- perty owners at the time of the final consideration of this proposed resohi- tion have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto, Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 194-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached sheets, 1 to 21 in- chisive, are hereby determined to be the schedule of proposed assessments for the 1985 Asphalt Paving Project and the valuations set out herein are hereby approved. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Dnich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communicarion of City Manager sub- witting proposed changes to "Lease" between the City and Dubuque Racing Assn. and requesting to set item for Public Hearing, presented and read. Counc'd Member Kronfeldt moved that the communicatinn be received and fil- ed and Lease set for Public hearing on July 1, 1985 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 Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of Walter Davis requesting to address the Court(il to provide infor- mation regarding the Third Annual Vietnam Veterans Reunion to take place in Dubuque on August 16, 17 and 18, 1985, presented and read. Mr. Davis spoke to the petition staring that 500-1000 veterans will be in attendance. Council Member Delch moved that the petition be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner. Kronfeldt, Manning. Nays--None. RESOLUTION NO. 195-85 A Resolution authorizing the execution of a Memorandum of Agreement with The Adams Company WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and em- powered by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the "Act"), to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, im- provements and equipment, or any in- terest therCm, suitable for the use of any industry of industries for the manufacturing, processing or assembl- lng of any agricultural or manufactured preducts or of any commercial enter- 348 Special Session, June 17, 1985 prise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional head- quarters facility of a company that does mulristate business; and WHEREAS, the Issuer has been re- quested by The Adams Company (the "Company") to issue its~ revenue bonds pursuant to the Act for the pur- pose of financing the remodeling, reconstruction and re-equlpping of 44,000 sq. ft. of a 150,000 eq. ft. ex- istlng manufacturing facility for the custom manufacture of power transmisalon parts {the "Project"), located within the Issuer; 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- zions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such pur- pose; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section L 2he 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- proved and the Mayor is hereby authorized to execute said Memoran- 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 a part of this Resolution to be in substantially the form, text and con- taining the provisions set forth in Ex- hibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted and approved this 17th day of June. 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 "Issuer") and The Adams Company (the "Company"). L Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1985, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assemhi- lng of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multlatate 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- elpai amount sufficient to finance the costs of the remodeling, reconstruc- lion and re-equipping of 44,000 sq. ft. of a 150,000 sq. ft. existing manuinc- turing facility for the custom manufac- ture of power transmission parts (the "Project") located within the Issuer. (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. Undertaldngs on the Part of the Special Session June 17,1985 349 (al The Issuer will begin the prc- ceedings necessary to authorize the is- suance of such bonds, in an aggregate principal amount not to exceed $600,000. (bt Subject to duo compliance with all requirements of law, including the provisions of and the public hearing re- qdired by the Act, it win cooperate with the Company in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (al 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- cient to pay the principal of and in- terest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall 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 win reimburse the Issuer for all reasonable and necessary direct out-of-pocket ex- penses which 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 bonds are issued. (c) All commitments of the Issuer 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 habinty of the Issuer or a charge against its general credit or taxing powers. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk The Adams Company John C. Hendry Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing approval of a Purchase of Sar- vices Agreement with the Chamber of Commerce for the fiscal year beginning July 1, 1985 covering the City's finan- cia! participation in the Chamber's Con- vention and Visitor's Council, presented and read. Council Member ~ammel moved that the communica- tion be received and filed and Agrsu- rnent approved. Seconded by Council Member Dcich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Krnafeint, Manning. Nays--None. Communication of City Manager recommending that the petition of Richard Pitz, owner of the Minnow Bucket, requesting a 15 minute park- lng time restriction be denied and that the existing two hour time zone remain, presented and read. Council Member Kluesuer moved that the summuniea- tlon be received and filed and approve Manager's recommendation to deny. Seconded by Council Member Kronfeldi. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Special Session, June 17, 1985 Communication of City Manager re- questing Council to review the request of Mr. Jim Schwers, Developer of the Arbor Oaks Subdivision, for a time ex- tension to complete the asphalt paving in the subdivision, presented and read. Thomas Murin, 3066 Arbor Hills Dr. requested Council not grant time ex- tension. Council Member Kronfeldt moved that the communication be received and filed and deny the re- quest for the extension. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of Dubuque Jaycees r~- questing to hold their annual Fireworks Display on the 4th of July Iwith July 5th as rain date~ at Vet's Softball Pields, presented and read. Mr. Dave Morris of the Jaycsus spoke to the peti- ~on requesting permission. Council Member Kronfeldt moved that the peti- tion be received and filed and request approved. Seconded by Council Member Manning. Carried by the fonowing vote: Yeas--Mayor Brady, Council Mem- bers Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitring report from Design Center Associates with three alternates regar- ding Bridge Complex and recommen- ding to lower road to allow buses to enter in order to reopen south entrance of Eagle Point Pork, presented and read. Council Member Krnafeldt moved that the communication be received and filed and authorized Staff to develop specs, and go to bid on the prc- ject for lowering road "Scheme A". Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mit ting an Agreement with Illinois Cen- tral Gulf Railroad relative to the Cedar Cross Bridge, presented and read. Council Member Kronf~ldt moved that the communication be received and fil- ed and authorize the City Managar to sign the Agreement when it is received from the I.C.R.R. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending acceptance of the con- structinn contract for the Off-Site Sanitary Sawer, Watermain and Storm Sewer for the Dog Racing Facility, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Daich, Hammel, Kluesner, Krnafeldt, Manning. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 196-85 WHEREAS, the contract for the Dubuque Dog Racing Facility, Off-Site Sanitary Sawer, Watermaln, and Storm Sewer has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the recom- mendation of the City Manager be proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Obligation Bonds in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Special Session, June 17, 1985 351 Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. FINAL ESTIMATE RESOLUTION NO. 197-85 WHEREAS, the contract for the Dubuque Dog Racing Facility, Off-Site Sanitary Sewer, Watermaln, and Storm Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellanous NOW, THEREFORE. BE IT RE- SOLVED, by the City Council of the Ci- ty of Dubuque, Iowa: Section 1. That the cost of said im- provements is hereby determined to be $3~515.23 and that said amount shah be paid from the General Obligation Bonds of the City of Dubuque, low~ Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending acceptance of the Off- Site Roadway Improvements for the Dubuque Racing Facility, presented and read. Council Member Kronfeldt moved that the conunanlcatlon ha received and filed. Seconded by Council Member Delch. Carried by the follow- Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner. Kronfeldt, Manning. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 198-85 WHEREAS. the contract for the Dubuque Greyhound Park Off-Site Roadway Improvements has been com- pleted and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Obligation Bonds in amount equal to the amount of his con- tract, less any retained percentage prc~ vlded for therein. Passed, adopted and approved this 17th day of June. 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 Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. FINAL ESTIMATE RESOLUTION NO. 19985 WHEREAS, the contract for the Dubuque Greyhound Park Off-Site Roadway Improvements has been com- pleted and the City Engineer has sub- 352 Special Session, June 17, 1985 mitred his final estimate showing the cost thereof including the cost of estimates, notices and inspection and 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 ira- provement is hereby determined to be $360,712.90 and that said amount shall be paid from the General Obligation Bonds of the City of Dubuque, Iowa. Passed, adopted and approved this 17th day of June, 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- hers Deich, Hammel, Kluesner, Kronfeldt. Manning. Nays--None. Communication of City Manager recommending acceptance of the con- tract for the Peru Road and Kennedy Court Sanitary Sewer, presented and read. Council Member Dcich moved that the conununlcatlon be received and filed. Seconded by Counc'd Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bets Deinh, Hammel, Kinesner, Kronfeldt, Manning. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 200-85 WHEREAS, the contract for the Peru Road-Kennedy Court Sanitary Sewer has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque. Igwa, that the recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved tMs 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk · Council Member Deich moved adop- tion of the Resolution. Seconded by CounCil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. FINAL ESTIMATE RESOLUTION NO. 201-85 WHEREAS, the contract for the Peru Read-Kennedy Cour~ Sanitary Sewer has been completed and the City Engineer has submitted his final esthnate showing the cost thereof in- cludlng the cost of estimates, notices, inspection, mlereilaneous costs, and preparing the assessment and plat. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the Ci- ty of Dubuque: Section 1. That the cost of said im- provement is hereby determined to be $115,235.1Z Section 2. That $4~ 649.42 of the cost thereof shall be assessable upon private property and $74,585.75 shall be paid from Sanitary Sewer Construction Fun~ Passed, adopted and approved th~s 17th day of June, 1985. James E. Brady Mayor Special Session, June 17,1985 353 ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 202-85 A Resolution Adopting the Final Assessment Schedule for Peru Road- Kennedy Court Sanitary Sewer, in- cluding certain information required by the Code of Iowa, spe~Bcully, the Number of Annuul Installments into which Assessments are divided, the Interest on ull unpaid instullmente, the Time when the Assessments are payable and Direot'mg the Clerk to certify the Final Schedule and to Publish Notice thereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and ac- companying plat showing the assessments proposed to be made for the construction of the Peru Road- Kennedy Court Sanitary Sewer under contract with Tschlggfrie Excavating of Dubuque, Iowa, which final plat was filed in the office of the City Clerk on the 12th day of June, 1985, that said schedule of assessments he and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided. further, that the amounts shown in said final schedule of assessments as deficiencies are found to he proper and are levied conditionally against the respective properties benefitted by the im- provements as shown in the schedule, subject to the provisions of Section 384.63, Code of Iowa. Said assess- ments against said lots are hereby declared to be in proportion to the special benefits conferred and not in ex- cess of twenty4ive percent of the value Assessments of $50.00 of mere are payable in 10 equal annual in- stallments, with interest on the unpaid balance, all as provided in Section 384.65, City Code of Iowa. Conditional deficiency assessments, ff any, may be levied against the applicable property for the same period of years as the assessments are made payable. Assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless said assessments are paid in full within said thirty days ~eriod all unpaid assessments will draw annnal interest computed at 12 percent commending on the date of acceptance of the work) computed to the December 1st next following the due dates of the respective installments. Each install- ment will be dellquent on September 30th following its due date on July 1st in each year. Property owners may elect to pay any annual installment semian- nuully in advance. 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- ti//cation once each week for two con- seeutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed, adopted and approved this 17th day of June, 1985. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk 354 Special Session, June 17, 1985 PERU ROAD - KENNEDY COURT SANITARY SEWER OWNER LOCATION ASSESSMENT KENNEDY SUBDIVISION Dale G. & Carla E. Link 1 2.903.53 Carl Wayne & Deborah J. Miller 2 2,902.53 Richard J. & Margaret A. Spautz 3 2,903.33 Michael J. Ries 4 2,903.33 Leroy W. & Jeanne M. Reeg 5 2,903.52 Herbert J. Jr. & Rita A. Bisping 1 of 3 2,903.53 Council Member Delch moved adap- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the fallowing vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitring Ordinance to increase the fine for illegal Alley parking from $2.00 to $5.00, presented and read. Council Member Kconfeldt moved that the com- munlcation be received and filed. Seconded by Counc'd Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacting new subsections (1) and (5) of Section 25-274 in lieu thereof providing a penalty for fl- legal Alley parking, presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance, that the nde requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with and final adap- tion of the Ordinance. Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--Council Member Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Members Deich, Hammel. MOTION FAILED - ORDfNANCE NUT ENACTED. Communication of City Manager sub- mltting Ordinance allowing Banners on City-owned Light Standards through- out the downtown area, presented and read. Counc'd Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayar Brady, Council Mem- bers Deich, Hammel, Kluesner, Kconfeldt, Manning. Nays--None. ORDINANCE NO. 38-85 AN ORDINANCE AUTHORIZING THE DUBUQUE DOWNTOWN ASSOCIATION TO INSTALL PUBLIC INTEREST BANNERS ON CITY4)WNED LIGHT STANDARDS THROUGHOUT THE DOWNTOWN AREA, presented and read. Council Member Kronfcidt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kcenfeldt, Manning. Nays--None. Council Member Kronfoldt moved that the rule requiring an Ordinance to he presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Delch. Carried by the Special Seseio~ June 17,1985 following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluosner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 38~5 AN ORDINANCE AUTHORIZING THE DUBUQUE DOWNTOWN ASSOCIATION TO INSTALL PUB- LIC INTEREST BANNERS ON CITY-OWNED LIGHT STAN- DARDS THROUGHOUT THE DOWNTOWN AREA· BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Dubuque Downtown Associatinn as owners of the banner system are hereby granted the revocable permit and authority to install and maintain banners on City light standards throughout the down- town area on written application and written approval by the City Manager under the terms and conditions set forth in this Ordinance. Section 2. That such installation shall be done in accordance with pkins heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a) Assume m~y and all liability for damages to persons or property which may result from the existence, loca- tion, installation, construction or main- tenance of said banner system; b) Pay on behalf of the City of Dubuque, all stuns which the City of Dubuque shah become obligated to pay by reason of the llabillty imposed upon the City of Dubuque for damages of any kind resulting from the loca- tion, installation, existence, construc- tion or maintenance of said banner system sustained by any person or per- sons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, con- struction or maintenance of said ban- ner system and to pay reasonable attorney fees therefore; and c) Indemnify and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injmqes to .third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which tion with the location, installation, construction, maintenance and repair of the banner system 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 successors in interest, shall within ten (10) days after receipt of written notice from the City Manager, so to banner system and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said banner system at permit- tees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for dam- ages resulting from the removal of said banner system. Section 5. That permittses conven- ant and agree that the revocable per- mit herein granted does not constitute an approval of the design, erection, location, construction, repair or main- tenance of said banner system and said permittees hereby convenant and agree against the City of Dubuque in the event of claim asserted for death, per- senal injuries and/or property damage against the permittees arising out of or in any way connected with the loca- tion, installation, construction, design, repair and maintenance of the facil- ity herein permitted. Section 6. This Ordinance shall become effective and the rights here- town Association when this Ordinanc6 has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and is authorized and directed to file at permittees' expense a copy of this Ordinance in the office of the Recorder n and for Dubuque Couhty, Iowa. Passed, approved and adopted this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO, 38-85 The undersigned having read and 356 Special Session, June 17, 1985 being familiar with the terms and con- litions of Ordinance No. 38-85 hereby, for themselves, their successors and assigns, accept the same and agree to be bound by the conditions and agree- ments therein contained to be per- formed by permittees. Date: July 19, 1985 BY: Terrance James Sullivan President, Dubuque Downtown Association Published officially in the Telegraph Herald newspaper this 24th day of July, 1985. Mary A. Davis City Clerk It 7/24 Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Deich Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing concurrence for the City's pro- posed legislative statement for 1986 to be submitted to the Iowa League of Municipalities for their consideration in developing their legislative priorities for the 1986 session of the state legislature, presented and read. Council Member Kronfeldt moved that the com- munication be received and flied and concur with the City's statement. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Kronfeidt moved to remove from the table the 28E Agree- ment pertaining to Operation: New View. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending adoption of 28E Agree- ment pertaining to Operation: New View, as drafted by State Office of l~unfing and Progremming, presented and read. Council Member Kronfeids moved that the communication be received and filed and approved as presented, also the amendment and revisions which were added by the County Board of Supervisors. Second- ed by Council Member Manning. Car- fled by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. APPOINTMENT TO FILL THE VACANCY OF COUNCIL MEMBER BEURSKENS - Council Member Deich moved to receive and file the com- muhieation of Jerry Robinson remov- ing himself from applying for the vacancy on the Council. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Hammei moved that they move to the end of the Agenda the nmtter of the City Council appoint- ment. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Ham- mei, Kluesner, Manning. Nays--Mayor Brady, Council Mem- ber Kconfeldt. Council recessed-9:26 P.M. Council reconvened 9:41 P.M. Petition of William Baum, Executive Director of E.C.I.A. requesting Council submit their representative's name to the membership of DMATS Barge Fleeting Committee, presented and read. Council Member Kluesner moved that the petition be received and filed and Jim Brady be the Council's representative to DMATS Barge Fleeting Committee. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Appointment to fill the vacancy of Thomas Beurskens on the Dubuque In- Futuro Greater Dubuque Development and Convention end Tourism Bureau, wesented. Council Member Kluesner Special Session moved to defer this appointment until the July 1st Council Meeting. Second- ed by Council Member Kronfeldt. Car- fled by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 203-85 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relat'mg to the sale of Cigarettes withln the City of Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarettes Papers within said City. June 17, 1985 357 358 Special Session, June 17, 1985 Lucky 13 385 E, 13~h St. My-Cap Vendors, Inc. Marco's Itel. & Amer, l~st. Food 2022 Central My. Cap Vendors, Inc. My-Cap Vendors~ Inc. My-Cap Vendors. Inc. My-Cap Vendors, Inc. My-Cap Vendors, Inc. MY-Cap Vendors, Inc. My-Cap Vendors, Inc. My-Cap Vendors, Inc. David Hoffman White House Tap 450 West Locust St. Mary Lou Kemp Corner Tavern 400 Centr~] Ave. Msrvel I. Kennedy Kennedy's Tap 34th end Jackson St. Geraid Kirchberg Pop A Top Lounge 3203 Jackson St. Pamela Knourek - Tammy Edens Kenneth J. Love Grand Tsp 802 Central Ave. Vincent W. Mescher Mescher &Tench Grocery 1233 Rhomberg Ave. Whitey's Ba~X 2616 Wind,or Ave. Judith M. Sandidge The Pump 1301 Rhomberg Ave, Soupy's, Inc. Hudson's 2095 Kerper Blvd. Oky Doky #15 1545 S. Grandview Ava. Earl Schumechsr Oky Doky #5 2204 Central Ave. Earl Schumacher Thompson's Fcod Market ~1 250 West 1st St, TFM Co. Oky Doky 36 1250 Iowa St. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Daich, Hammel, Kluesner, Kronfeldt, M annin~g. Nays--None. RESOLUTION NO. 204~5 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were ~n- 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 Special Sessior June 17, 1985 359 Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B' BEaR PaRMIT aubuque Noon Kiwanis Club (Also Sunday Sales) McAteece Field Catherine M. Meyer Meyer's Tavern 530 E. 22nd St. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Heich. Hammel, Kluesner, Kconfoldt, Manning. Nays--None. RESOLUTION NO. 205-85 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 in- spected and found to comply with the State Law and ali City Ordinances rele- vant thereto and they have filed proper bends; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the C/ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor kTTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Planning and Zon~ lng Commiseion approving final Plat of Lots 1 through 4, Curler Subdivision, formerly known as Lot i of Katherine Place in the City of Dubuque, located in the 2700 Block of Shiras Avenue, presented and read. Council Member Manning moved that the conununica- t/on be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 206-85 Resolution approving the Final Plat of Curler Subdivision, Lots 1 through 4 in the City o! Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a final plat of the Curler Subdivision. Lots 1 through 4 in the City of Dubuque, 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 RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Cur/er Subdivision, Lots 1 through 4 in the City of Dubuque, Iowa, formerly known as Lot i of Katharlne Place in the City of Dubuque be and the same is hereby approvec~ and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted and approved this 17th day of June, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Airport Commission of 5-23, Cable Co~nmunity Teieprogrammlng Comm. of 6-4; Dock Commission of 5-29; Fire Pension and Retirement Board Meeting of 5-24; Five Flags Commission of 5-20; Mechanical Board Meeting of 5-28, Zoning Board of Adjustment of 5-28 & 6-6, Planning and Zoning Comxn. of 6-5, Park and Recrea- tion of 6-11, presented and read. Coun- dl Member Manning moved that the minutes be received and filed. Seconded Special Session, June 17, 1985 i by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Stoven A. Carnahan, in amount of $50,000 for personalinjurles and prc- perry damages; Norma Furry in amount of $31.20 for reimbursement charges; Barbara Kretschmer in unknown amount for personal injuries; Timothy Mathews in amount of $207.02 for car damages; Robert and Mary Miller in amount of $1,271.46 for personal injuries and property damages; Joseph A. Schubert in unknown amount for personal injuries; Kevin Vanderah in amount of $35,000 for personal injuries, pain and suffering and property damages; Jane Wagner in amount of $512.44 for backed-up sewer damages; Woodward Communications advising if found liable in Henry Haas III claim, they will be entitled to full and complete indemnity from the City for all amounts paid; Clinton Federal Savings and Loan Association vs David M. and Ke]li A. Farber and City of Dubuque submitting Foreclosure Petition, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammal, Kluesner, Reonfeldt, Manning. Nays--None. Prcof of publication, certified to by the Publisher. on List of Claims for month of April, 1985, presented and read. Council Member Manning moved that the proof of publication be received and fried. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hammel; Kluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Coun- sel Lindahl recommending denial of sewer back-up claim of Jane and Greg Luchsinger; Advising personal injury claim of Cecilia Amerine has been paid; Enclosing recent decision of the Iowa Special Session June 17, 1985 361 Court of Appeals affirming the District Court judgement in the mat- ter of Bird Chevralet, et al, vs. the Ci- ty, presented and read. Council Member Manning moved that com- munication be received and filed and approved the denial. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitting Financial Reports for the month of May, 1985, presented and read. Council Member Manning moved that the communication and reports be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfoldt, Manning. Nays--None. Communications of Corporation Counsel Lindahl recommending denials of following claims: Personal injury claim of Ruth Herr; Property damage claim of Mr. & Mrs. Donald McCoy; Property damage claim of Michael Nim- mick; Property damage claim of Peter and Elizabeth Takes and Personal in- jury claim of Reoa VanNatta, presented and read. Council Member Manning moved that the communications be received and filed and denials approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfoldt, Manning. Nays--None. APPOINTMENT TO FILL VACANCY OF COUNCIL MEMBER BEURSKENS. - Applicants: Brenda Bernal, Robert Fiech, Bruce Kizzie~ John Klauer, Donald Lochner, Ferd Nesler, Michael Pratt, Emil "Mike" Stackis. Ms. Bernal was not in atten- dance but other applicants given time for a presentation and time to answer questions of Council Members. ARer questioning and discussion, Council Member Manning moved that Mike Stackis be appointed to fill the vacancy of Tom Beurskens to the next "pending election" on November 5, 1985. Second- ed by Council Member Deicb. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Kronfeidt, Mann- Nays--Council Member Hammel. Mayor Brady administered the oath of office to newly appointed Council dember Emil Stackis. 10:39 P.M. Council Member Kranfcldt moved to go into Closed Sea- s~on, in accordance with Chapter 21.5(1), to discuss matters which are ~resently in pending litigation, second- ed by Council Member Manning. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfoldt, Manning, Stackia. Nays--None. 10:48 P.M. Council reconvened. There being no further business, Council Member Manning moved to ad- journ. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammal, Kluesner, Kronfoldt, Manning, Stackis. Nays--None. Mary A. Davis City Clerk Approved __ _1985 Adopted _1985 Mayor Coun(il Members ATTEST: City Clerk Regular Session, July 1, 1985 363 CITY COUNCIL OFFICIAL Regular Session, July 1, 1985. Counc'd Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Daich, Hammel, Kluesner, Kronfeldt, Manning, Stackis, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING OF THE CITY COUNCIL called for the purpose to act upon such business which may properly come before the Council. The invocation was given by Rev. Duane Manson, Chaplain of Luther Manor. PROCLAMATIONS: Month of July as "National Recreation and Parks Month" received by Gil Spence, Week of July 7-13 as "Elderhostel Week" received by Inga Schilling. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hamniel, Kluesner, Kronfoldt. Manning, Stackis. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- iag amending the Zoning Ordinance to rezone property at 3400 Asbury Road ~'om R-4 Malti-Family to OR Office Residential, presented and read. Coun- ~l Member Kluesner moved that the proof be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Kluesner, Kronfeldt, Manning, Stackis. Nays--Mayor Brady, Council Members Deich, Hammel. PetiCwn of Mary Kay Ernst et al(con- taining approx. 88 signatures) objec~ ting to Helle Klosterman petition to rezone property known as Lots 4, 5, 6, and 7, Block 1 and 2 Westchester Sub- division located on the south side of the 3400 Block of Asbury Road in the City, presented and read. Mary Kay Ernst, Tom Schweikert, Art Doian, Tom Pre- chaska objected to the proposed rezon- ing. Attorney Mike King, on behalf of Homer Butt & Turnqnists, as well as Roger Klosterman and Ron Helle re- quested favorable consideration of rezoalng. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Kronfoldt. Carried by the following Yeas--Council Members Kluesner, Kronfeldt, Manning, Stackis. Nays--Mayor Brady, Council Members Delch, Hammcl. An ORDINANCE Amending the Code of Ordinances by reclassifying property located in the 3400 Block of Asbury Road from "R-4 Multi-Family Residential District" to "OR Office Residential District", said Ordinance having been presented at the Council Meeting of June 17, 1985, presented for further action. 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 ~ken, be dispensed with and final adoption of the Or- dinance. Seconded by Council Member Kronfeidt. Vote on the motion was as follows: Yeas--Council Members Kluesner, Kronfcldt, Manning. Nays--Mayor Brady, Council Membexs Delch, Hammel, Stackis. MOTION FAILED. Council Member Kluesner moved that the reading just had be considered the second reading of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Council Members Kluesner, Kronfeidt, Mamaing, Stackis. Nays--Mayor Brady, Council Members Deich, HammeL Proof of publication, certified to by the Publisher, on Notice of Public Hear- iag to amend Zoning Ordinance to pro- vide for definitions of "Grocery Store" and "Supermarket", presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council