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1985 July Council ProceedingsSpecial Session, June 17, 1985 361 Court of Appeals affirming the District Court judgement in the mat- ter of Bird Chevrolet, 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- hers 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, Kconfeldt, 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 Nlm- 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 CounclI Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. APPOINTMENT TO FILL VACANCY OF COUNCIL MEMBER BEURSKENS. - Applicants: Brenda Bernal, Robert Fisch, Bruce Kizzier, John Kiauer, Donald Lochner, Ferd Nesler, Michael Pratt. Emll "Mike" Stackis. Ms. Bernal was not in atten- dance but other applicants given time ibr a presentation and time to answer questions of Council Members. After questioning and discussion. Council Member Manning moved that Mike Stackis be appointed to fiil the vacancy of Tom Beurskens to the next "pending election" on November 5, 1985. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Kronfeldt, Mann- ing. Nays--Coun~li Member Hammel. Mayor Brady adzninistered the oath of office to newly appointed Council Member Emil Steckis. 10:39 P.M. Counci-I Member Kconfeldt moved to go into Closed Ses- sion, in accordance with Chapter 21.5(1), to discuss matters which are presently in pending litigation. Second- ed by Council Member Manning. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Khiesner, Kronfeldt. Manning, Stackis. Nays--None. 10:48 P.M. Council reconvened. There be'mg 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, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Mary A. Davis City Clerk Approved __1985 Adopted .1985 Mayor Council Members ATTEST: City Clerk Regular Session, July 1, 1985 363 CITY COUNCIL OFFICIAL Regular Session. July 1, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Hammel, Khiesner, Krunfeldt, 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 Sponce, Week of July %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 Kconfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Deich, Hamniel, Kluesner, Kronfaldt, Manning. Stackis. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- lng amending the Zoning Ordinance to rezone property at 3400 Asbury Road from R-4 Multi-Family to OR Office Residential, presented and read. Coun- cil Member Kluesner moved that the proof be received and filed. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Couned Members Khiesner, Kronfeldt, Manning, Stackis. Nays--Mayor Brady, Council Members Deich, Hammel. Petition of Mary Kay Ernst et al (con- teinlng 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 Read in the City, presented and read. Mary Kay Ernst, Tom Schweikert, Art Doian, Tom Prc- chaska objected to the proposed rezon- ing. Attorney Mike King, on behalf of Homer Butt & Turnquiste, as well as Roger Klostorman and Ron Helle re- quested favorable consideration of rezoning. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Kconfeldt. Carried by the following vote: Yeas--Council Members Kluesner, Kconfeldt, Manning, Stackis. Nays--Mayor Brady, Council Members Deich, Harmnel. An ORDINANCE Amending the Code of Ordinances by reclassifying property located in the 3400 Block of Asbury Road from "P~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 taken, be dispensed with and final adoption of the Or- dinance. Seconded by Council Member Kronfeldt. Vote on the motion was as follows: Yeas--Council Members Kluesner, Krunfeidt, Manning. Nays--Mayor Brady. Council Members Deich, 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 vote: Yeas--Council Members Kluesner, Kronfeldt, Manning, Steckis. Nays--Mayor Brady, Council Members Deich, ttammel. Proof of publication, certified to by the Publisher, on Notice of Public Hear- lng 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 Regular Session, July1, 1985 365 364 Regular Session, July 1, 1985 Member Kluesner moved that the pro- of of publication be received and filed. Seconded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner. Kronfeldt, Manning, Stackis. Nays--None. ORDINANCE NO: 39-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REVIS- ING APPENDIX "A" THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY ADDING TO SECTION 8, DEFINITIONS, THE DEFINITION OF "GROCERY STORE" AND "SUPERMARKET", said Ordinance having been presented and read at the Council M~etings of June 17, 1985. presented for further action. ORDINANCE NO. 39-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING 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 ADDING TO SECTION 8, DEFINITIONS, THE DEFINI- TIONS OF "GROCERY STORE" AND "SUPERMARKET" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL 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" and by enacting new definitions under Section 8 thereof as follows: GROCERY STORE: A retail food store not exceeding 3,500 sq. ft. of Boor area accessible to the general public. SUPERMARKET: A retail food store greater than 3,500 sq. ft. of floor area accessible to the general public. 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 1st DAY OF July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tiffs 9th day of July, 1985. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Khresner, Kronfeldt. Manning, Stackis. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- lng to consider amending the Lease Agreement between the City of Dubu- que and Dubuque Racing Association, Ltd., 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 Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel. Kluesner, Kronfeldt, Manning, Stackla. Nays--None. RESOLUTION NO: 207-85 Authorizing the Execution of an Amendment to a Lease by and between the City of Dubuque, Iowa and the Dubuque Racing Association, Ltd. WHEREAS, pursuant to a motion adopted by City Council on June 17, 1985 and public notice of time and place of hearing published in the Telegraph Herald, a newspaper of general circula- tion, on June 21, 1985 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the first day of July 1985 in the third iloor auditorimn of the Carnegie Stout Public Library, Dubuque, Iowa to con- sider an amendment to a lease by and between the City of Dubuque, Iowa and the Dubuque Racing Association, Ltd.; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposed lease. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal to enter into an amendment to a lease by and between the City of Dubuque, Iowa and the Dubuque Racing Association Ltd. be and the same is hereby approv- ed. Section 2. Tha~ the Mayor be and is hereby authorized and directed to ex- ecute said amendment to the lease for and on behalf of the City of Dubuque, Section 3. That the City Clerk be and is hereby authorized and directed to file a certified copy of this resoluHon together with a true copy of the amend- ment to the lease in the office of the Dubuque County Recorder and in the office of the City Assessor. Passed, adopted and approved this 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel. Kluesner Kxonfeldt, Manning. Stackla. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- ing on Intention to issue Industrial Development Revenue Bonds Series 1985 (The Adams Co. Project), presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Kronfeldt, Mann- ing, Stackis. Nays--Council Member Hummel RESOLUTION NO. 208-85 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds, Series 1985 (The Adams Company Project} in an aggregate principal amount of WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa {the "Issuer"), is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Cede of Iowa, 1985, as amended (the "Act"), to issue revenue bonds for the purpose of ilnan- cing the cost of acquiring, by construc- tion or purchase, land. buildings, im- provements and equipment, or any in- terest therein, suitable of the use of any industry or industries for the manufac- tocing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engag- ed 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 quested by Adams Company (the "Company"}, an Iowa corporation, to issue its industrial development revenue bonds to finance the Company's remodeling, reconstruction and re-equipping of 44,000 sq. ft. of a 150,000 sq. It. existing manufacturing facility for the custom manufacture of power transmission parts {the "Project") to be located at 100 East Fourth Street within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the is- suance of Industrial Development Revenue Bonds, Series 1985 (The Adams Company Project}, of the Issuer in an aggregate principal amount of $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 366 Regular Session, July 1, 1985 interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act and Section 103(k) of the Internal Revenue Code; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and ag objec- tions or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance the cost of the project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds. Section 2. The Issuer will enter into all agreements necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. The City Attorney shall approve all agreements to be entered into in con- nection with the issuance of the Bonds and such agreements shall be authoriz- ed and approved after due considero~ tion by this Council prior to their ex- ecu~ion by the Issuer. Section 3. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the pro- ject and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the e~tent of such conflict. Section 5. This Resolution shall become effec~ve immediately upon its passage and approval Passed, adopted and approved tl~is 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Kronfeldt, Man- ning, Stackis. Nays--Council Member Hammel. Communication of Planning and Zoning Commission requesting that a Public Hearing be set for July I0, I985 on the Conceptual Development Plan for the campus of Clarke College in- cluding plans for replacement of buildings, presented and read. Council Member Hammel moved that the com- mudication be received and filed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. An ORDINANCE Providing that the Code of Ordinances be amended by revising AppendLx A thereof, by ap- )roving a Conceptual Development Plan for the ID Institutional District of Clarke College, presented and read. Council Member Hammal moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deicb, Hammel, Kluesner, Krunfeldt, Manning, Stackis. Nays--None. Council Member Hammel moved that the rule requiring an Ordinance to be presented at two meetings before final ~ction is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: yeas--Mayor Brady, Council Mem- bers Deich, Hammei, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Council Member Hanunel moved that a Public Hearing be held on the Or- dinnnce on July 10, 1985 at 5:15 p.m. in the Public Library Auditorium and that Regular Session, July 1,1985 367 the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Deich. Carried by the fogowing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Council Member Kronfeldt moved in addition that it be conveyed to Clarke College by way of the plamdng and Zoning Commission meeting that there he no changes on the Master Plan for a period of 18 months and that Clarke Drive remain open. Seconded by Court- cfi Member Stackis. Carried by the following vote: Yeas--Council Members Kluesner, Kronfeldt, Manning, Stackis. Nays--Mayor Brady, Council Member HanUnel. Communication of City Manager sub- mitting bidding procedures for the E~gle Point Bridge Pavilion Read Reconstruction, presented and read. Council Member Krunfeldt moved that the communication be received and ill- ed. Seconded by Council Member Man- ning. Carried by the fogowing vote: Yeas--Mayor Brady, Council Members Delch, Hammel, Kluesner, Kronfeldt, Manning, Stackla. Nays--None. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 209-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifica- tions, form of contract ~nd estimated cost for the Eagle Point Park Bridge Pavilion Read Reconstruction, in the estimated amount oI $39,194.00, are hereby approved and ordered filed in the office of the City Clerk for public in- spection. Passed, adopted and approved tiffs 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeidt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Krnnfeldt, Manning, Stackis. Nays--None. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 210-85 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- fice of the City Clerk for public inspec- tion of the Eagle Point Park Bridge Pavilion Read Reconstruction. NOW, THEREFORE, BE IT RESOLVED 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 shag not be less than four days nor more then twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- 368 bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. ORDERING BIDS RESOLUTION NO. 211-85 BE IT RESOLVED BY THE COUN CIL OF THE CITY OF DUBUQUE, IOWA: That the Eagle point park Bridge Pavilion Road Reconstruction is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construc- tion of the improvements herein provld- ed. to be published in a newspaper haw 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 receipt of said bids at 2:00 p.m. on the 9th day of July, 1985. Bids shall be opened and read by the City Clerk at said time and wlfi be submitted to the Council for final action at 7:30 p.m. on the 15th day of July, 1985. Passed, adopted and approved this 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Hammel, Kluesner, Kronfeldt, Manning. Stackis. Nays--None. Communication of Attorney Allen J. Carew, on behalf of the Adams Co. r~ questing application for partial exemp- tion from property taxation as authorized by Chapter 427B of the Regular Session, July 1, 1985 Iowa Code and Section 35-12 of the Code of Ordinances of the City of Dubu- que, presented and read. Council Member Kronfcldt moved that the com- munication be received and filed and matter referred to the City Manager for implementation. Seconded by Council Member Klaesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kluesner, Kronfeldt, Mann- lng, Stackis, Nays--Council Member HammeL Communication of City Manager sub- mitting Ordinance to amend the City Code to provide for the identification and regulation of parking spaces in municipal parl0ng lots identified as Lots No. 10, 11 and 12, presented and read. Council Member Klaesner moved that the Communication be received and filed. Seconded by Council Member Kronfcldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfeldt. Manning, Stackis. Nays--None. ORDINANCE NO. 40-85 kN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING NEW SUBSECTIONS (10). (11) AND (12) OF SECTION 25-304 AND THREE UNNUMBERED PARAGRAPHS TO SUBSECTIONS (2) OF SECTION 25-307 IN LIEU THEREOF PROVIDING FOR THE DESIGNATION OF PARKING LOTS 10 AND 12 AND REGULA- TION OF PARKING LOT NO. 12. prbsented and read. Council Member Kluesner moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Kronfcldt. Carried by the followlng vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Council Menther Kluesner moved that the rule requiring an Ordinance to be presented and read at two meetings Regular Session, July 1, 1985 369 prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfcldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner. Kronfeldt, Manning, Stackis. Nays--None. ORDINANCE NO. 4~85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION (10) OF SECTION 25-304 AND THE LAST UNNUMBERED PARAGRAPH OF SUBSECTION (2) OF SECTION 25- 307 THEREOF AND ENACTING NEW SUBSECTIONS (10) AND (11) OF SECTION 25-304 AND TWO UNNUMBERED PARAGRAPHS TO SUBSECTION (2) OF SECTION 25- 307 IN LIEU THEREOF PROVID- ING FOR THE DESIGNATION OF PARKING LOTS 10 AND 11 AND REGULATION OF PARKING IN PARKING LOT NO. 11 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Subsection (10) of Section 25-304 and enacting new Subsections (10) and (11) of Sec- tion 25-304 in lieu thereof as follows: "Sec. 25-304. Designated. (10) Lot No. 10: The lot situated on the westerly side of the alley located between Iowa Street and Town Clock Plaza and vacated Sixth and Seventh Streets. (11) Lot No. 11: The lot situated at the northwest corner of Third and Iowa Streets." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing the last unnmnbered paragraph of Subsection (2) of Section 25-307 and enacting two new unnumbered paragraphs of Sub- section (2) of Section 25-307 in lieu thereof as follows: (2) Lot No. 11: Reserved parking upon conditions and rates as approved in writing by the City Manger. On and after April l, 1986 reserved parking for all parking spaces shall be at an annual rate of ten thousand dollars ($10,000), payable in equal quarterly installments in advance. Notice (ff such restrictions in Parking Lots No. 3, 5, 7, 9 and 11 shall be displayed at each lot. The owner or operator of any vehicle who shall receive notice either personally or by the attaching of such notice to said vehicle that said vehicle is parked in violation of this subsectten shall, within seventy-two (72) hours from the time when such notice is served upon him/her or attached to said vehicle, pay to the City Treasurer as a pen- alty for such violation the stun of five dollars ($5.00)." Passed, approved and adopted this 1st day of July, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of July, 1985. Mary A. Davis Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfcldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Communication of City Manager sub- mltting Ordinances relating to closing streets to permit coasting and other wintertime activities, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Deich. Ham- mci, Kluesner. Kronfeldt, Manning. Stackis. Nays--Mayor Brady. ORDINANCE NO. 41-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. BY REPEALING SECTIONS 33-11, 33-12 AND 33-13 THEREOF AND ENAC- TING A NEW SECTION 33-11 IN i LIEU THEREOF PROHIBITING 370 Regular Session, July 1,1985 THE USE OF CITY STREETS FOR SLEIGHING, SLEIGH RIDING, COASTING. TOBAGGANING, BOBSLEDDING OR SKIING, presented and read. Council Member Kinesner moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following vote~ Yeas--Council Members Deich, Hammel, Kluesner, Kronfeldt, Mann- lng. Stackis. Nays--Mayor Brady. Council Member Kluesner moved that the rule requiring an Ordinance to be presented at two meetings prior to the meeting when be dispensed with. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Council Members Hammal, Kluesner, Kronfeldt, Mann- ing, Stockis. Nays--Mayor Brady. ORDINANCE NO. 41-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 33-11, 33-12 AND 33-13 THEREOF AND ENACTING A NEW SECTION 33-11 IN LIEU THEREOF PROHIBITING THE USE OF CITY STREETS FOR SLEIGHING, SLEIGH RIDING, COASTING, TOBOGGANING, BOB- SLEDDING OR SKIING NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Q~di- nances of the City of Dubuque,Iowa be amended by repealing Sections 33- 11, 33-12 and 33-13 thereof and enact- lag a new Section 33-11 in lieu thereof as follows: "Sec. 33-11. Use of public streets. No person shall use any public streets of the City for sleighing, sleigh riding, coasting, tobogganing, bobsled- ding or skiing." Passed, approved and adopted this let day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of July, 1985. Mary A. Davis City Clerk Council Member Kinesner moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Deich, Hammal, Kluesner, Kronfeldt, Mann- lng, Stackis. Nays--Mayor Brady. Communication of City Manager r~ questing consideration and adoption of a Resolution approving an Agree- ment between Dubuque Main Street Ltd. and the City of Dubuque for development and implementation of a plan for the revitalization of Dubuque's downtown, presented and read. Council Member Kronfeldt mov- ed that the communication be received and Bled. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klueaner, Kronfeldt, Manning, Stackis. Nays--None. RESOLUTION NO. 212~5 A resolution approving a funding agreement between the City of Dubuque and Dubuque Main Street, Ltd. and authorizing and directing the City Manager to execute said agreement on behalf of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, Iowa, has negotiated with Dubuque Main Street, Ltd. to provide and under- take a Downtown Revitalization prC~ gram; and WHEREAS, the terms and condi- tions under which Dubuque Main Street, Ltd. will be funded for providing re 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 RESOLVED BY THE CITY COUN' CIL OF THE CITY OF DUBUQUE, Regular Session, July 1, 1985 371 IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa and Dubu- que Main Street, Ltd. 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, [owa. Passed. adopted and approved this 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfoldt, Manning, Stackis. Nays--None. Communication of City Manager recommending City Council approval of a purchase Agreement for change of in- terest in real estate at 1297-99 Curtis St., presented and read. Council Member Kronfoldt moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesne~ Kronfeldt, Manning, Stackis. Nays--None. RESOLUTION NO. 213-85 Resolution approving change in term~ of a certain real estate loan WHEREAS, the City of Dubuque holds interest in real estate owned by Eileen Fassbinder at 1297-99 Curtis Street, Dubuque, Iowa, because of a Housing Rehab loan executed January 20, 1984 and recorded as instrument number 524-84 on January 26, 1984; and WHEREAS, said interest requires payoff of the City loan if the property is transferred; and WHEREAS, the owner has re- quested she be allowed to transfer the property without payoff of the loan while requiring the proposed buyer to assume the loan; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that approval of the proposed purchase agreement may improve the security of the City Rehab loa~ Section 2. That the City Council ap- proves property transfer to John Hage~ ty as proposed if he assumes respon- sibility for the City Rehab loan with all remaining terms and conditions of the mortgage remaining effective as record- ed~ Approved this 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt 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, Stackis. Nays--None. Communication of City Manager r~ questing approval for Mayor to execute an Annual Contributions Contract for the Section 8 Existing Housing Prc~ gram with HUD, presented and read. Council Member Kronfeldt moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfaldt, Manning, Stackis. Nays--None. RESOLUTION NO. 214-85 Resolution autberi~ng and directing the execution of annual contributions contract for 15 units Section 8 Existing Voucher Program Funds WHEREAS, the City of Dubuque, Iowa (herein called the "Local Authori- ty") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the 372 Regular Session, July 1,1985 United States of America (herein call- ed the "Government") with respect to any "Project" as defined in the An- nuai Contributions Contract and winch at any time now or hereafter is incorporated under the terms of such Contract. NOW THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor of Dubuque, Iowa i~ hereby Authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the City of Dubuque on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authoriz- lng the execution thereof as may be re- quired by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the con- text shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: 1. The term "Resolution" shall mean this Resolution. 2. All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed hereto in the Annual Con- tributions Contract. Passed, adopted and approved tins 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resointion. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfeldt, Manning, Stackls. Nays--None. Communication of City Manager ce- questing authorization to execute a contract with Harce Corporation for engineering services associated with the Cathodic Protection Analysis of the Water Distribution System, presented and read. Council Member Kronfcidt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the ~llowing vo~: Yeas--Mayor Brady, Council Mem- bers Deich, Hammal, Kluesner, Kronfeldt, Manning, Stackis. Nays--Noan. RESOLUTION NO. 215-85 Resolution Authorizing the City Manager to Execute Engineering contract with Harco Corporation for Cathodic Protection Analysis WHEREAS, a detailed technical analysis is necessary to determine future external corrosion mitigation ac- tivities for the water distribution system; and WHEREAS, it is recognized that long-term protection for City in- fi-astructure components is in the best interest of the City; and WHEREAS, negotiations were con- ducted with Harco Corporation, the on- ly firm known for professional expertise in water distribution system corrosion analysis. NOW, THEREFORE, BE IT RE- SOLVED by the City Council et the Ci- ty of Dubuque, Iowa: Section 1. That the City Manager be authorized to execute an engineering agreement with Harco Corporation, Schaumburg, Illinois, to perform the engineering services associated with the establishment of an external corro- sion mitigation program for the water distribution system. Passed, adopted and approved tins 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session, July 1, 1985 373 Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Deich, Hammal, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. C0romunication of City Manager re- questing acceptance nad approval of the final estimate of contract #2, Ex- cavation & Concrete Work Bid Package "A" at the Dubuque Dog Racing Facili- ty, presented and read. Council Member Kronfeldt moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammal, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 216-85 WHEREAS, the contract for the Dubuque Racing Facility, Bid Package "A", Contract #2, Excavation and Con- crete Work has been cempleted and the City Manager has examined the work and filed ins certificate stating that the same has been completed according the the terms of the contract, plan 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 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 mnount equal to the amount of his con- tract, less any retained percentage pre- vided for therein. Passed, adopted and approved tins 1st day of July, 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, Stacins. Nays--None. FINAL ESTIMATE RESOLUTION NO. 217-85 WHEREAS, the contract for the Dubuque Racing Facility, Bid Package "A", Contract $2, Excavation and Con- crete Work has been completed and the City Engineer has submitted ins final estimate showing the cost thereof hi- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED, by the City Coundll of the Ci- ty of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $464,935.06 and that said amount shall be paid from General Obligation Bonds of the City of Dubuque, Iowc~ Passed, adopted and approved this let day of July, 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 fofiowing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Communication of Francis Henhals submitting his resignation from the Five Flags Commission AND Com- munication of Rod Bakke advising of his intent not to seek reappointment to Cable Teleprogramming Commission, presented and read. Council Member Kronfeldt moved that the communica- tions be received and filed and resigna- //ions accepted with regret. Seconded by Council Member Kluesner. Carried by 374 Regular Session, July X, 1985 the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. ~ BOARDS AND COMMISSIONS: Board of Electrical Examiners: Council Member Kluesner moved that Steven Braun and Richard Wagener be reap~ pointed to three year terms which will expire July 12, 1988. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel. Kluesner Kronfeldt, Manning, Stackls. Nays--None. Five Flags - Civic Center Commission - Two Three year terms to expire 6-29-88 and one unexpired term which will expire 6-29-86. Applicants: Rod Bakke, John Oehrle, Andrea Rafoth and Floyd G. Rundle. Mayor Brady voted for Rundle & Oehrle; Council Member Deich voted for Rafoth & Oehrle; Council Member Hammel voted for Rundle & Oehrle; Council Member Riuesner voted for Rafoth & Oehrle; Council Member Kronfeldt voted for Rafoth & Oehrte; Council Member Man- ning voted for Bakke & Oehrle; Council Member Stackis voted for Rofoth & Oehrle. Therefore John Oehrle & An- drea Rafoth were appointed to three year terms to expire 6-29-88. Second Vote for Unexpired Term .on Civic Center Commission: Mayor Brady voted for Rundle; Council Member Deich voted for Bakke; Coun- cji Member Hanunel voted for Bakke Council Member Kluesner voted for Bakke; Council Member Kronfaldt voted for Bakke; Council Member Man- ning voted for Bakke and Council Member Stackis voted for Bakke. Therefore. ROd Bakke appointed to the unexpired term which will expire 6-29-86. ELECTRICAL BOARD OF AP- PEALS - Council Member Kluesner moved that James A. Cosley and Donald H. Pfohl be reappointed to three year terms which will expire 7-12-88 on the Electrical Board of Ap- peals. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner~ Kron- feldt, Manning, Stackis. Nays--None. HISTORIC PRESERVATION COMMISSION - Five Vacancies: Two three year At Large Terms which will oxpire 6-29-88; i Three year (Langwor* ~ay Dis.) term which will expire 6-29-88; i Three Year (Old Main Dis.) term which will expire 6-29-88 and i Unex- pired term which will expire 6-29-87 IAt Large). Applicants: Langworthy District: S. Connell-Magee & P. Peckosh; Old Main: Paula Stenlund & C. George Biasi; At Large: Virginia Sand, Robert Wild, Jan Helms & Charles Glab. Vote on the terms for the Langworthy & Old Main vacancies: Mayor Brady voted for Magee and Stenlund; Council Member Deich voted for Magee & Steniund; Council Member Hammel voted for Magee & Steniund; Council Member Kluesner voted for Peckosh & Steniund; Council Member Kronfeldt voted for Peekosh & Steniund; Council Member Stackis voted for Peckosh & Stenlund. Therefore Paul Peckosh and Paula Steniund appointed to the three year vacancies which will expire 6-29-88 fi~om the Langworthy and Old Main Districts to the Historic Pres. Commie- At Large Two Full Terms: Mayor Brady voted for Magee & Glab; Council Member Deich voted for Wild & Sand; Council Member Hanunel voted for Wild & Sand; Council Member Kluesner voted for Wild & Glab; Council Member Kronfeldt voted for Wild & Magee; Council Member Manning voted for Magee & Wild; Council Member Stackis voted for Magee & Wild. Therefore, Susan Connell-Magee & Robert Wild appointed to three year terms (At Large) on the Historic Preservation Commission which terms will expire 6-29-88. One Unexpired term which will expire 6-29-87; Mayor Brady voted for Glab; Council Member Deich voted for Biasi; Council Member Hammel voted for Glab; Council Member Kluesner voted for Glab; Council Member Kronfeldt voted for Glab; Council Member Mann- ing voted for Glab; Council Member Stackis voted for Glab. Therefore, Charles Glab reappointed, but to an unexpired term which wiil expire 6-29-87. LIBRARY BOARD - Two Six-Year Terms which will expire 7-1-91. Regular Session, July 1, 1985 375 pllcants: Michael Gibson, Marilyn McDonald & Floyd G. Rundle. Mayor Brady voted for Gibson & McDonald; Council Member Deich voted for Gib- son & McDonald; Council Member Hammni voted for Gibson & McDonald; Council Member Kluesner voted for Gibson & Rundle; Council Member Kronfeldt voted for Gibson & Rundle; Council Member Manning voted for Gibson & Rundle and Coun- cil Member Stackis voted for Gibson & McDonald. Therefore, Michael Gibson & Marilyn McDonald appointed to six year terms which will expire 7-1-91. PARK & RECREATION COMMIS- SION: Two Three year terms which will expire 6-30-88; Applicants: Gary Avenarius, Richard Bean, David M. King, John E. Lewin, Francis J. Mur- ray, Jr., E. Eugene Perry. Mayor Brady voted for Bean & Murray; Council Member Deich voted for Bean & Murray; Council Member Hammel voted for Bean & Murray; Council Member Kluesner voted for Bean & Murray; Council Member Kronfeldt voted for King & Murray; Council Member Manning voted for Bean & Murray; Council Member Stackis voted for Bean & Murray. Therefore, ~cberd Bean & Francis J. Murray reappointed to three year terms which will expire 6-30-88. TV CABLE REGULATORY COM- MISSION: One three year term which will expire 6-30-88. Applicants: Carl Heathcote, Richard Kailoch & Jim Renier. Mayor Brady voted for Renier; Council Member Deich voted for Renier; Council Member Hammel voted for Heathcote; Council Member Kluesner voted for Renier; Council Member Kronfeldt voted for Renier; Council Member Manning voted for Renier; Council Member Stackis voted f~r Renier. Therefore, Jim Renier reap- pointed to a three year term which will expire 6-30-88. TV CABLE COMMUNITY TELEPROGRAMMING COMMIS- SION - Council Member Kluesner moved that Francis Cheslik be reap- pointed to a three year term which will expire 6-30-88. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- hers Delch, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None, COUNCIL APPOINTMENTS - Dubu- que In*Futuro, Inc. - Council Member Hammel moved that the Council nominate Rlmnda Kronfeldt as its representative to this Board. Seconded by Council Member Manning. Carried by the foliowing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Greater Dubuque Development Association - Council Member Kronfeldt moved that the Council nominate Loras Kluesner as its representative to this association. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Convention and Tourism Bureau -Council Member Manning moved that Council nominate Rhonda Kronfeldt as its representative. Seconded by Council Member Stackis. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt. Manning, Stackis. Nays--None. Operation: New View - Council Member Kluesner moved that the Council nominate Ken Gearhart, Donald Deich and Barbara Manning (with alternates Rhonda Kronfeldt and James Brady) to this Beard. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Council Member Stackis moved that appointment(s) to the Dubuque Racing Assn. be tabled until the Lease Agree- ment has been approved by the Assn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Regular Session, July 1, 1985 377 376 Regular Session, July 1,1985 Council Member Kluesner moved cupied by such applicants were in- that the request of the Dubuque spected and found to comply with the Jaycees to transfer their Beer Permit from Town Clock Plaza to Eagle Point Park (Riverfront Pavilion) on July 8th be approved. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Steckis. Nays--None. RESOLUTION NO. 218-85 BE IT RESOLVED by tho City Council of the City of Dubuque, Iowa, that the fonowing having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Passed, adopted and approved this 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueaner 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, Stackis. Nays--None. RESOLUTION NO. 219-85 WHEREAS, Applications for Beer Permits have been submitted and filed to tins Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- 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 fonowing named ap- pllcants a Beer Permit. Passed, adopted and approved this let day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammul, Klueaner, Kronfeldt, Manning, Stackis, Nays--None. RESOLUTION NO. 220-85 ;, Applications for Liquor ~ have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to ha oc- cupied by such applicants were in- spected and found to comply with the State Law and an City Ordinances rele- 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 tins 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner 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, Stackis. Nays--None. Petition of Ellen Neese proposing the closing of Iowa Street from llth St. to 14th St~ on Saturdays from May to November, presented and read. Council Member Manning moved that the petl- tion he referred to the City Manager. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Communication of planning and Zon- ing Commission approving final plat of Subdivision of Lot I of Lot i of Lot 2 of the SE ¼ of the 5th P.M. Dubuque County, Iowa, as requested by Robert Steichen et ux, presented and read. Council Member Manning moved that the communication be received and fil- ed, Seconded by Council Member Kronfeidt. Carried by the foilowing Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackla. Nays--None. RESOLUTION NO, 221-85 A Resolution Approving the Final Plat Subdividing Lot 1 of Lot 1 of Lot 2 of the Southeast Qusrter o! the 5th P.M., Dubuque County, Iowa WHEREAS, there has been filed with the City Clerk a final plat sub- dividing Lot 1 of Lot 1 of Lot 2 of the Southeast Quarter of the 5th P.M. in Dubuque County, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat sub- dividing Lot 1 of Lot 1 of Lot 2 of the Southeast Quarter of the 5th p.M. in the County of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final pla~ 378 Passed, adopted and approved this 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Communication of City Manager sub- mitring Supplement No. 24 to the Code of Ordinances presented and read. Council Member Mauaing moved that the communication be received and ill- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. RESOLUTION NO. 222-85 Adopting Supplement No. 24 to the Code of Ordinances of the City of Dubuque, Iowa WHEREAS, under date of November 16, 1981 the City Council, pursuant to Ordinance 63-81, readopted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including March 10, 1981; and WHEREAS, since March 10, 1981 the City Council of the City of Dubu- clue, Iowa, has adopted certain or- dinances amending the Code of Or- dinances and said amendments have been printed as supplements to the Code of Ordinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that sup- plement s, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 24 to Regular Session, July 1, 1985 the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances odopted by the City Council of the City of Dubuque, Iowa, from December 17, 1984 through March 18, 1985printed by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Passed, adopted and approved this 1st day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Maturing 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, Stackis. Nays--None. MINUTES SUBMITTED: Promo- tion Committee Meeting of the Cable Community Teleprogeamming Com- nlssinn of 5-14; Five Flags Corem. of 6-17; Historic Preservation Comm. of 6-18; Human Rights Commlssion of 6-10; Planning and Zoning Commission of 6-19; Zoning Board of Adjustment of 6.20; Transit Board Earnings State- ment & Statistics of May, 1985, presented and read. Council Member Manning moved that the minutes 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, Stackis. Nays--None. NOTICES OF CLAIMS & SUITS: Daniel R. Avenarius in amount of $173.04 for car damages; Delbert F. Heckelamiller in unknown amount for fair compensation; Laura Herrig in amount of $85.52 for car damages; San- ncr Bros., Inc. in amount of $1800 for airplane damages, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation and Regular Session, July 1, 1985 report: Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel. Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Communication of Corporation Counsel recommending Settlement in amount of $366.92 for property danmge claim of Bruce McHaney, presented and read. Council Member Manning moved that the cmmnunication be received and filed and settlement ap- proved with Finance Director to issue the proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. There being no further business. Council Member Manning moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stachis. Nays--None. Meeting adjourned at 11:14 p.m. Mary A. Davis City Clerk Approved 1985 Adopted 1985 Mayor Council Members ATTEST: City Clerk 379 380 CITY COUNCIL OFFICIAL Special Session, July 10; 1985. Council Met at 5:15 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Hummel, Khieener, Manning, Stackis, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Kronfeldt. 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 ON THE CONCEPTUAL DEVELOPMENT PLAN FOR THE CAMPUS OF CLARKE COLLEGE and acting upon such other business which may properly come before the Council. Council Member Kluesner moved that the rules be suspended so that anyone can address the Council if they so desire. Seconded by Council Member Manning. Carried by the fofiowing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Mann- lng, Stackis. Nays--None. Absent--Council Member Kronfeldt. proof of publication, certified to by the publisher, on Notice of Public Hear- lag to consider approval on the Concep- tual Development Plan for the campus of Clarke College, presented and read. There were no written objections rece~v- ed. Mary Feller requested approval of the proposed plan. Al Polsean question- ed possibility of Clarke Drive being closed and suggested building another parking lot if there was that possibili- ty. Sister Catherine Dunn stated there was no plans to relccate Clarke Drive in this proposed plan and requested Coun- 81 approval. Council Member Hummel moved that the proof be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Mann- lng, Stackis. Nays--None. Absent--Council Member Krenfeldt. / / Special Session, July 10,1985 Communication of Planning and Zon- Commission approving request of Clarke College and requesting Council concurrence, presented and read. Court- dl Member Hummel moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Mann- lag, Staclds. Nays--None. Absant--Canncil Member Kronfeldt. ORDINANCE NO. 42~5 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 APPROVING A CON- CEPTUAL DEVELOPMENT PLAN FOR THE ID INSTITUTIONAL DISTRICT OF CLARKE COLLEGE, said Ordinance having been presented and read at the Council Meeting of July 1, 1985, presented for further action. ORDINANCE NO. 42-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- ING APPENDIX A THEREOF, KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY APPROVING A CON- CEPTUAL DEVELOPMENT PLAN ~'OR THE ID INSTITUTIONAL DISTRICT OF CLARKE COLLEGE. WHEREAS, Clarke College, as the institution, has filed a Conceptual Development Plan in compliance with provisions of the ID Institutional Dis- trict regulations as set forth in Section 3-5.2.D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- lng Commission has held a public hearing on the Conceptual Develop- ment Plan pursuant to required pub- ished notice; and WHEREAS, the planning and Zon- Special Session, July 10, 1985 lng Commission has approved the Con- ceptual Development Plan as set forth in Section 3-5.2.D (4) of the Code of Ordhiances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the planning and Zon- hig Connnission has recommended the concurrence of the City Council in approval of the Conceptual Develop- merit Plan; and WHEREAS, the City Council has received the recommendation of the planning and Zoning Commission and has held its own public hearing on said Conceptual Development Plan pursu- ant to required published notice; and WHEREAS, the City Council has approved the Conceptual Development Plan. 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 adoption of a Conceptual Development Plan for the following described property, to wit: Lot 2 of Lot 1 of Lot 1; Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot i of Lot 2; Lot 2 of Lot 1 of Lot 1 of Lot 2; Lot ~ of Lot 1 of Lot 1 of Lot 1 of Lot 2; Lot 2 of Lot 2; Lot 2 of Lot 2 of Lot 1 of Lot 2; Lot 2 of Lot I of Lot 1 of Lot 1 of L~t 1~ of Lot 2; and Lot 1 of Lot 2 of Lot i of Lot 2 all of Clarke College Place; and Lot I of Lot 2 of Mineral Lot 198 and Lot i of Lot 3 of Lot 2 of Mineral Lot 191; all in the City of Dubuque, Iowa. Section 2. That failure by Clarke College to file a Final Site Develop- merit Plan within one (1) year of the effective date of this ordinance may require resubmission of a Conceptual Development Plan subject to the requirements of Section 3-5.2.D of Appendix A of the Code of Ordinances of the City of Dubuque, Iowa, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, PASSED, ADOPTED AND APPROVED THIS 10th day of July, James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officiafiy in the Telegraph Herald newspaper this 15th day of July, 1985. Mary A~ Davis City Clerk 381 Council Member Hummel moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Mann- lng, Stackis. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager sub- mitting Resolution requesting Mayor be authorized to execute filing of an Iowa Community Development Loan Program Application, presented and read. Council Member Hummel moved ~hat the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Delch, Hummel, Kluesner, Mann- lng, Stackis. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 223-85 A Resolution Authorizing the Filing of an Application for a $250,000 Loan from the Iowa Community Development Loan Program for the A.A. Cooper Wagon Works Building Project. WHEREAS, S. & S. Enterprises Inc. proposes to acquire, rennovate and reuse the former A.A. Cooper Wagon Works building at Main and West 3rd. Streets for retail, restaurant and other cemmercidi uses and has requested financial assistance in the amount of $250,000 to undertake said project; and WHEREAS, the City finds that said project is consistant with the City's economic development objectives to provide new permanant jobs, stabilize the property tax base, and encourage private investment in the community; and WHEREAS, the City of Dubuque is eligible to participate in the Iowa Com- munity Development Loan Program as established by Iowa Code 1985 Chapter 7A; and WHEREAS, the City of Dubuque has determined that local cash resources are available and will be com- mitted to match funds provided 382 through the Iowa Community Deveinpment Loan Program, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an ap- plication for a $250,0~0 loan from the Iowa Community Development Loan program for the A.A. Cooper Wagon Works building restoration project is hereby approved, and the Mayor of the City of Dubuque is hereby authorized and dir~ctod to execute the necessary documents on behalf of the City of Dubuque. Section 2. That the City Manager is hereby authorized and directed to sub. mit the executed application to the State of Iowa office for Planning and Programming and other appropriate agencies together with such other documents as may be required. Passed, adopted and approved this 10th day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Mann- ~ng, St ackis. Nays--None. Absent--Council Member Kronfeldt. Commum~atlon of City Manager sub- mitting Resointinn requesting Mayor be authorized to execute filing of an Iowa Community Development Loan Program Application, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hamrael, Kluesner. Mann- ing, Stackis. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 224~85 Resolution Authorizing the filing of an Special Session, July 10,1985 Application for a $120,000 Loan from the lowa Community Development Loan Progrm for the Jays Wazte Equipment, Ltd. Project. WHEREAS, Jays Waste Equip- ment, Ltd. has proposed to establish a new industrial use in the City of Dubu- que by acquiring land, constructing an industrial building, and purchasing machinery and cquipment;~and WHEREAS, Jays Waste Equip- ment, Ltd. has requested that the City of Dubuque consider assisting its pro- ect with a loan of $120,000; and WHEHEAS, the City of Dubuque is eligible to participate in the Iowa Com- muuity Development Loan Program as established in Iowa Code 1985, Chapter 7A; and WHEREAS, the City of Dubuque has determined that local cash resources are available and will be com- mitted to match funds provided through the Iowa Community Develop- ment Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, Section 1. Ttmt the filing of an ap- for a $120,000 loan from the Iowa Community Development Loan program to assist the ,lays Waste Equipmen~ Ltd. project is hereby ap. proved, and the Mayor of the City of Dubuque is hereby authorized and directed to execute the necessary documentation on behalf of the City of Dubuque. Section 2. That the City Manager is hereby authorized and directed to sub- mit the executed application to the State of Iowa Office for planning and Programming and other appropriate agencies together with such other documents as may be required. Passed, adopted and approved this 10th day of July, 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: Special Session, July 10, 1985 Yens--Mayer Brady, Council Mem- bers Deich, Hammel, Kinesner, Mann- ing, Staclds. Nays--None. Abeent--Councfl Member Kronfeldt. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Mann- ing, Stackis. Nays--None. Absent--Council Member Kronfeidt. Meeting adjourned at 5:30 p.m. Mary A. Davis City Clerk Approved _1985 Adopted _1985 Mayor Council Members ATTEST: City Clerk 383 384 Special Session, July 15, 1985 CITY COUNCIL OFFICIAL Special Session, July 15, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members De/ch, Hammel, Kinesner, Kronfeldt, Manning, Stackls,City Manager W. Kenneth Gearhart, Cor- peratinn 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 ON THE CITY OF DUBUQUE 1985 ASPHALT PAVING PROJECT and acting upon such other business which may proper- ly come before the Council. The invocation was given by Father Paul T. Steimel, Pastor of St. Mary's Catholic Church. PROCLAMATION: July 19th as "MIA/POW Day" in Dubuque receiv- ed by Eldon Adams. Proof of publication, certified to by the Publisher. on Notice of Public Hearing on Plans and Specs. for the City of Dubuque 1985 Asphalt Paving Project; Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Resolution of Necessity for 1985 Asphalt Paving Project AND Certificate of City Clerk certifying Notices were sent, to known property owners, regarding Public Hearing on Paving Project, presented and read. Council Member Kinesner moved that the proofs and certificate be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt. Manning, Stackis. Nays--None. Petition of Jerome G. Prendergast protesting to assessment for paving on Loras Blvd., Petition of Michael A. Refiner & Carol A. Reimer objecting to the proposed project on Kane St. from Primrose to Chaney; Petition contain- lng seven signatures protesting assess- ment for the resurfacing of Kane St. from primrose to Carter Rd. due to f/nancial hardship; Petition of John R. & Doris B. Whelan objecting to the rehabilitation of Loras Blvd. from Alta Vista to University; Petition containing 122 signatures objecting to repaying of Loras Blvd. from Alta Vista to Univer- sity; Petition containing 142 signatures ~rotestlng assessment for the rehabilitation work of Kane St. from the south property line of Primrose Street to the S.P.L. of Chaney Road; Petition of Ted and Marilyn Blanchard objecting to project for Loras Blvd; Petition of Carleton College objecting to the Rehabilitation project for Hillcrest Road; Petition of Ed Schumacher opposing repairs on Kane St.; Petition of Wm. Chestorman, elder of Westminster Presbyterian Church objecting to the 1985 Asphalt Pav/ng Project of Loras Blvd; Petition of H.R.W. Associates requesting to delete that portion of Hillcrest Road from 1985 Street Program, presented and read. Council Member Kinesner moved that the petitions be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Council Member Kluesner moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackls. Nays--None. Loras Blvd. - Alta Vista to University - Mrs. Dorothy Ferring, 1905 Loras, stated since Loras was resurfaced in 1971, it should not be resurfaced again so soon and so few should not pay for what so many travel on. Bob McGloughlin, 1395 Alta Vista, John Rettenrneier, Mrs. Dick Feyen, C. Robert Justmann, and John Whalen ali voiced objected to this repaying pry- ject. Council Member Kronfeldt moved to delete Loras Blvd. from the 1985 Street Program. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bets Deich. Hanunel, Kronfeldt. Nays--Council Member Kinesner, Manning, Stackis. Special Session, July 15, 1985 385 Kane St. - Primrose to Chaney- Ed Schumacher of 709 Kane; Donna Bartlett of 840 Kane; Eugene Lehman of 990 Kane; Edith Oldham of 895 Fane; Ron Tigges of 1015 Kane; Robert Blocker of 880 Kane and Eugene Vogt of 1370 Kane, all voiced objection to the Kane St. portion of the 1985 Asphalt Paving Project. Hillcrest Road - J.F.K. to Keyway -Richard Hansel, representing Carleton College & H.R.W. objected to the repaying of Hillcrest (from J.F.K. to Keyway) at this time. Council Member Hammel moved to delete Hillcrest from the 1985 Asphalt Pav- lng Project. MOTION DIED FOR LACK OF A SECOND. RESOLUTION NO. 225.85 Besointion with respect to the adop- tion of the Resolution of necessity proposed for the 1985 Asphalt Paving Project WHEREAS, the City Council has proposed a Resolution of Necessity for the 1985 Asphalt Paving Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objec- tions have been heard and considera- tion given to all objections and is pen- ding before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted as amended by the Schedule of Amendments attached hereto as Exhibit A. and made a part hereof by reference. All objections fil- ed or made having been duly con- sidered are overruled. Passed, adopted and approved this 15th day of July, 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 Delch, Kluesner, Kronfeldt, Man- ning, Stackls. Nays--Council Member Hammel. RESOLUTION OF NECESSITY RESOLUTION NO. 192-85 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the 1985 Asphalt Paving Project. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the General Fund and the Road Use Tax Fund, and special assessment bonds may be issued in anticipation of 386 SpecialSession, July l5, 1985 deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contracter.~ The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk tins 17th day of June, 1985. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted as proposed by the City Council tins 15th day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueeanr moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Kinesner, Kronfaldt, Man- ning, Stackis. Nays--Council Member Hammet. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 226-85 WHEREAS, on the 12th day of June, 1985, plans, specifications, form of contract and estimated cost were fib ed with the City Clerk of Dubuque, Iowa, for the 1985 Asphalt Paving Project; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required 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, specifications, form of contract and ~stimated cost for said improvements for said project. Passed, adopted and approved tins 15th day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoptlon of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klueener, Kronfeldt, Man- ning, Stackis. Nays--Council Member Hammel. ORDERING BIDS RESOLUTION NO. 22/85 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the 1985 Asphalt Paving Prc- ect is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to ac- company each bid shah be in an amount which shah conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, winch notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 25th day of July, 1985. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 5th day of August, 1985. Passed, adopted and approved this 15th day of July, 1985. James E. Brady Special Session, July 15,1985 387 Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Momber Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt. Manning, Stackis. Nays--Council Member HammeL Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Plans and Specs. for the Eagle Point Park Bridge Pavilion Road Reconstruction Project, presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Mann- lng, Stackis. Nays--None. Abstain--Council Member Kronfeldt. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 228-85 WHEREAS, on the 28th day of Ju- ly, 1985, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Eagle Point Park Bridge Pavilion Road Reconstruction; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required 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, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved tins 15th day of July, 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 Delch, Hammel, Kluesner, Mann- lng, Stackis. Nays--None. Abstain--Council Member Kron- feldt. Proof of publication, certified to by the Publisher, on Notice to Bidders on the receipt of Bids for the construction of Eagle Point park Bridge Pavilion Road Reconstruction, presented and read. Council Member Kluesner moved that the proof be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner. Mann- lag, St ackis. Nays--None. Abstain--Council Member ~ Kron- feldt. Communication of City Manager recommending to award contract for said project, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Daich, Hammel, Kluesner, Mann- lng, Stackis. Nays--None. Abstain--Council Member Kron- feldt. AWARDING CONTRACT RESOLUTION NO. 229-85 WHEREAS, sealed proposals have been submitted by contractors for the Eagle Point Park Bridge Pavilion pur- suant to Resolution No. 211-85 and notice to bidders published in a 388 Special Session, July 15, 1985 newspaper published in the City of Dubuque, Iowa on the 5th day of July, 1985. WHEREAS, said sealed proposals were opened and read on the 9th day of July, 1985 and it has been determined that the bid of Tschiggfrie Excavating of Dubuque in the amount of $27,560.80 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the ~ontract for the above im- provement be awarded to Tschiggfrie Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 15th day of July, 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, Mann- lng, Stackis. Nays--None. Abstain--Council Member Kronfeldt. ORDINANCE NO. 43-85 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA, PRO- VIDING THAT THE CODE OF DINANCESi CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX "A' THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PRO- PERTY LOCATED IN THE 3400 BLOCK OF ASBURY ROAD FROM "R-4 MULTI-FAMILY RESIDEN- gL DISTRICT" to "OR OFFICE RESIDENTIAL DISTRICT", said Ordinance having been presented and read at the Council Meeting of July 1, 1985, presented for further action. Council Member Kluesner moved that the reading just had be con- sidered the third reading of the Or- dinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Stackis. Nays--None. ORDINANCE NO. 43-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING 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 LOCATED IN THE 3400 BLOCK OF ASBURY ROAD FROM "R-4 MULTI-FAMILY RESI- DENTIAL DISTRICT" TO "OR OFFICE RESIDENTIAL DIS- TRICT'' NOW, THEREFORE, BE IT BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- the City of Dubuque, Iowa, be a~nended by revising Appendix "A" thereof, also known as the "Zc~ning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-4 Multi-Family Residential Dis- to "OR Office Residential Dis- trict" classification, to wit: Lots 4, 5, 6, and 7, Blocks 1 and 2, Westchester, located on the south side of the 3400 block of Asbury Road in the City of Dubuque, Iowa Section 2. That the foregoing ~mendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Special Session, July 15, 1985 389 Iowa. PASSED, ADOPTED AND APPROVED THIS 15th DAY OF JULY, 1985. JAMES E. BRADY, MAYOR AqgPEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 19th day of July, 1985 Mary A. Davis City Clerk It 7/19 Council Member Manning moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Deich, Hammel. Kluesner. Kronfeldt, Mann- ing, Stackis. Nays--Mayor Brady. Petition containing twenty signatures, property owners residing in the area affected by the construc- tion of the Northwest Arterial, oppos- ing installation of a #47 (hog wire) type fence in their hackyards and re- questing Council make necessary change orders to install a chain link type fence, presented and read. Jim Manor, Randy Lund, Doug Daubenberger, Ron Helle, Ray Pregler, Bill Smith and Frank Bllender all voiced objection to proposed type of fence stating safety of children should be considered and chain link fence would be better. Council Member Manning moved tha the FAUS monies should be petitioned for so as to install the fence (chain link). Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Petition of Michael G. Maggie re- questing to address the Council to discuss the need for a boat to patrol the river~ presented and read. Mr. Maggie, representing the Mississippi Walleye Club, stated that n~-wake buoys are not enough and a safety program with a patrol boat is necessary. Council Member Deich moved that the City re- quest increased patrol and refer the matter to the Dock Board to proceed with all exploration of matter as is possible and to forward a request to the Ia. Conservation Commission. Second- ed by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Steckis. Nays--None. Communication of City Manager regarding the establishment of five mile per hour speed/no wake zone in the vicinity of Schmltt Harbor launching ramp, presented and read. Council Member Deich moved that the com- munication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, K1uesner, Kronfeldt, Manning, Stackis. Nays--None. RESOLUTION NO. 23~85 WHEREAS, citizens have appeared before the City of Dubuque Board of Dock Commissioners requesting that the City of Dubuque consider the establishment of a "five mile per hour speed/no wake" zones in the waters ad- jacent to and south of the southern shore of Chaplain Schmitt Memorial Island and in the waters in the vicinity of the Schmitt Island launching ramp; and WHEREAS, the City of Dubuque Board of Dock Commissioners recognizes the safety on concerns to be valid and has accepted the petitioners' recommendation for establishment of "five mile per hour speedino wake" zones in the waters adjacent to the southerly shore of Chaplain Schmitt Memorial Island and in the vicinity of the Schmitt Island boat launching ramp as a viable solution; and Special Session, July 15,1985 WHEREAS, the City of Dubuque Board of Dock Commissioners has recommended to City Council the peti- tioning by City Council of the Iowa State Conservation Commission to establish by adminlstraUlve procedure special "five mile per hour speed/no wake" zones and to approve the place- ment of buoys and offidial signs to regulate speed in the areas designated "five mile per hour speed no/wake" zones; and NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque request the Iowa State Conservation Commission to establish by ad- ministrative procedures special "five mile per hour speed/no wake" zones in the waters adjacent to the southerly shoreline of Chaplain Sehmitt Memorial Island and in the vicinity of the Schmitt Island boat launching ramp and approve the placement of buoys and official signs to regulate speed in the portion of Lake Peosta Channel and in the vicinity of the boat launching ramp as identified on the at- tached plat market Exhibit A. Section 2. That the City Council authorizes and directs the Mayor to sign a letter to the Iowa State Conse~ vation Commission petitioning the establishment of "five mile per hour speed/no wake" zones and posting of ~cessary buoys and signs as per Iowa Administrative Code Chapter 290. Passed, adopted and approved this 5th day of July, 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, Hummel, Kluesner Kronfeldt, Manning, Stackis. Nays--None. Communication of City Manager re- questing Council to affirm his decision to suspend Mr. Fred Nagel, Water Plant Operator, from work without pay for a period of two working days (six- teen work hours), presented and read. Council Member Ksenfeldt moved that the communication be rseeived and fil- ed and decision affirmed. Seconded by Council Member Marmhig. Carried by the following vote: Yeas--Council Member Hammel, Klusener, Kronfeldt, Manning. Nays--Mayor Brady, Council Members Deich, Stackis. Communication of City Manager re- questing Council to affirm his decision to suspend Mr. Herb Claussen, Water Plant Operator, from work without pay f~r a period of two working days (six- teen work hoursl, presented and read. Council Member Kronfeldt moved that the communication be received and fil- ed and decision affirmed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Hammel, Kluesner, Kronfcidt, Manning. Nays--Mayor Brady, Council Mem- bers Deich, Stockis. Communication of City Manager re- questing approval of a Maintenance Foreman position in the Water Division through June 30, 1986, presented and read. Council Member Manning moved that the communication be received and filed and position approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Hummel, Kluesner, Krunfeldt, Manning, Stackis. Nays--Mayor Brady, Council Mem- ber Delch. Communication of City Manager re- questing approval to bid for two radio consoles for the new Emergency Com- munieations Center instead of the one authorized in the approved CIP and fur- ther requesting City Manager to enter into a lease-purchase agreement for ap- proximately $10,000 of the $74,740 pur- chase, presented and read. Council Member Krunfeldt moved that the com- munication be received and filed and re- quest approved and authorized the City Manager to enter into lease-purchase agreements for three radios at a cost of $27,640. Seconded by Council Member Manning. Carried by the following vote: Special Session, July 15, 1985 391 Yeas--Mayor Brady, Counc'fl Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Communication of City Manager submitting proposed Contract bet- ween Five Flags Center and the Dubu- que Fighting Saints Assn. and rs- questing City Manager be authorized to execute said Contract, presented and read. Council Member Kluesner moved that the communication be received and filed and contract ap- proved with the Manager authorized to sign. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Kronfeldt. Manning, Stackls. Nays--None. Communication of City Manager sub- mitring proposed contract between Five Flags Center and Wahiert High School and requesting authorLzatlon for City Manager to execute said contract, presented and read. Council Member Kluesner moved that the communica- tion be received and filed and contract opproved and authorized City Manager to sign. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Krunfaldt, Manning, Stackis. Nays--None. Communication of City Manager sub- mitthig Ordinance regarding powers and duties of the Historic Preserva- tion Commission, presented and read. Couneit Member Kluesner moved that the communication be received and fli- ed. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesnor, Krunfeldt, Manning, Stackis. Nays--None. ORDINANCE NO. 44-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING AN ADDITIONAL DUTY OF THE HISTORIC PRESER- VATION COMMISSION IN SEC- TION 19 1/2-5 THEREOF, presented and read. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the dlnance. Seconded by Couneil Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Kronfcidt, Manning, Stackls. Nays--None. 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 token, be dispensed with. Seconded by Council Member Stackis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Kluesner, Krunfaldt, Manning, Stachis. Nays--None. ORDINANCE NO. 44-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING AN ADDITIONAL DUTY OF THE HISTORIC PRES- ERVATION COMMISSION IN SEC- TION 19~A-5 THEREOF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting an addition to the list of powers and duties of the Historic Preservation Commission in Section 19%-5 as follows: "Section 19%-5. Same -- Powers and duties generally; procedures for oper- ations. (11) The Commission may make a reconunendation to the state Office of Historic Preservation for the listing of a historical district or site in the National Register of Historic Places and may conduct a public hearing PASSED, APPROVED AND ADOPTED this 15th day of July, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of July, 1985. 392 Special Session, July 15, 1985 Mary A, Davis City Clerk it 7/19 Council Member Kluosne~ moved final adoption of the Ordinance. Seconded by Council Member Stackis. Carried by the fullowing vote: Yeas--Mayor Brady~ Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Communication of City Manager sub- mitting Ordinance providing for MAracle Car Wash to place barrel type planters in front of their business at 255 Locust St., presented and read. Council Member Kluesner moved that the communication be received and ill- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. ORDINANCE NO. 45-85 AN ORDINANCE AUTHORIZING MIRACLE CAR WASH, INC., TO CONSTRUCT BARREL FLOW PLANTERS, 17 INCHES HIGH, presented and read. Council Member Khiesner moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Council Member Kluesner moved that the rule requiring an Ordinance to be presented and read at two Council Meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bets Delch, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. ORDINANCE NO. ~ AN ORDINANCE AUTHORIZING Miracle Car Wash Inc. TO CONSTRUCT Barrel flower planters, 17 inches high. ' NOW THEREFORE, BE IT :ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE; IOWA: Section 1. That Miracle Car Wash Illc. as owners of the premises known as Miracle Car Wash and Lessee of the premises known as Miracle Sinclair Service, Dubuque, Iowa, and legally described as Miracle Car Wash -- Sub. of City Lot 114ofLot 1 and 2 Miracle Sinckiir -- Sub. of City Lot 113 be and they are hereby granted the revocable permit and authority to con- struct and maintain Barrel Flower planters under the terms and condi- tions set forthin this Ordinance. Seeflon 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section g. That the permission herein granted is expressly conditioned on p~nnittees' agreement to: a) A~sume any and all liability for damages to persons or property which may result from the existence, loca- tion, installation, construction or main- tenance of said Barrel flower planters; b) Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the loca- tion, installation, existence, construc- tion or maintenance of said Barrel flower planters sustained by any per- son or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, exis- Barrel flower planters and to pay rea- sonable attorney fees therefore; and c) Indemnify and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any Special Session, July 15, 1985 393 property of the City of Dubuque wlfich may occur as a result of or in connec- tion with the location, installation construction, maintenance and repair of the facility, work or improvement 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, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said Barrel flower planters and in tlie event of their failure so to do, the City of Dubuque shall be authorized to remove said Barrel flower planters at penulttees' expense and dispose of the same and the permittee shall have no clabn against the City or its agents for damages resulting from the removal of said Barrel flower planters. Section 5. That permittees 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 facility and said per- mittees hereby convenant and agree not to assert such chiim or defense against the City of Dubuque in the event of claim asserted for death, per- sonal 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- under accrue to Miracle Car Wash Inc. when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permit- tees by acceptance endorsed on this Orddnance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this Ordinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 45-85 The undersigned having read and being familim- with the terms and con- ditions of Ordinance No. 45-85 hereby, for themselves their successors or assigns, as owners of the abutting prop- erty, accept the stone and agree to be bound by the conditions and agree- ments therein contained to be per- fonned by permittees. Dated 7-8-85 BY: s/Ronald J. Pothoff, Pres. Publlshed officially in the Telegraph Herald newspaper this 19th day of July, 1985. Mary A. Davis It 7/19 City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich. Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. RESOLUTION NO. 231-85 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 Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Krlstlna Chapman 1050 University Ave. Gregory R. Harwood 3198 Central Ave. ~ella E. Mangeno I399 Jackson St. Lynn Menning 120 W. 4th St. Clara L. Johnson 385 E. 13th St. Passed, adopted and approved this 15th day of July, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich ~noved 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, Stackis. Nays--None. RESOLUTION NO. 232-85 WHEREAS. Applications for Beer 394 Special Session, July 15, 1985 Permits have been submitted and filed to tins Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED. By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicante a Beer Permit. CLASS "B" BEaR PERMIT Passed, adopted and approved this 15th day of July, 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 Deich, Hammel, Kluesner Eronfaidt, Manning, Stackis. Nays--None. RESOLUTION NO. 233-85 WHEREAS. Applications for Liquor Licenses have been suinnitted to tins 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 ail City Ordinances rele- rant thereto and they have filed proper bonds; 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 15th day of July. 1985. James E. Brady Mayor qTTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Maturing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kinesner, Kronfeldt, Manning, Stackis. Nays--None. Printed Council Proceedings for the nonths of January and February, 1985, for Council approvai, presented and read. Council Member Khiesner moved that the proceedings be approved as printed. Seconded by Council Member Kronfoldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. MINUTES SUBMITTED: Airport Comm. of 6-25; Cable TV Regulatory Comm. of 6-12; Housing Comm. of 6-18 and 7-2; park & Recreation Comm. of 7-1; Planning and Zoning Comm. of 7-2; Public Library of 6-18; presented and read. Council Member Kluesner moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by ~the following Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, NOW, THEREFORE. BE IT RE- Special Session, July 15, 1985 395 Kronfeldt, Manning, Stackis. Nays--None. NOTICES OF CLAIMS AND SUITS: James Herrig, in amount of $158.90 for car damages; Cyril W. Oswald in amount of $82.63 for tire damages; Dubuque Savings and Loan Assn. vs. City of Dubuque et al sub- mitring foreclosure petition, presented and read. Council Member Klueaner moved that the claims and suits be referred to the Legai Staff for in- vestigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, gronfoldt, Manning, Stackis. Nays--None. Communications of Corporation Counsel recommending derlale of pro- perry damage claim of Mary K. Arlen; Sewer back-up ckaim of Tom J. Hickey; Property damage claim of Timothy Matbes, presented and read. Council Member Kluesner moved that the com- muincatinns be received and filed and deniais approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klueaner, Kronfoldt, Manning, Stackis. Nays--None. Communication of City Manager sub- mitting Certificate of Insurance f~om Woodward Communications, Inc. covering the installation of newspaper distribution boxes on various public rights-of-way, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfeldt, Manning, Stackis. Nays--None. Petition of John George Miller, Sr. r~ questing refund of $56.25 on unexpired Beer Permit, presented and read. Coun- cil Member Kluesner moved that the petition be received and filed and Finance Director to issue the proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning, Stackis. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Filing of the Final Plat and Schedule of Assessments against benefited proper- t~es for the construction of the Peru Road - Kennedy Court Sanitary Sewer AND Certificate of City Clerk certify- ing Notices were sent by certified mail on June 21, 1985 to known property owners advising of filing of final plat of said project, presented and read. Coun- cil Member Klueaner moved that the proof and Certificate be received and fil- ed. Seconded by Council Member Kronfaidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klueaner, Kronfoldt, Manning, Stackiz. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims for month of May, 1985, presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfaidt, Manning, Steckis. Nays--None. There being no further business, Council Member Kranfeldt moved to adjourn. Seconded by Council Member Deich. Carried by tbe following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfaidt, Manning, Stackis. Nays--None. Meeting adjourned at 11:29 p.m. Mary A. Davis City Clerk Approved 1985 Adopted 1985 Mayor