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1984 January Council ProceedingsRegular Session, January 2, 1984 CITY COUNCIL OFFICIAL Regular Session, January 2, 1984. No Members of the Council being present, the Meeting was adjourned subject to call. Mary A. Davis City Clerk Approved __1984 Adopted __1984 Mayor Council Members ATTEST: City Clerk Regular Adjourned Session, January 3, 1984 CITY COUNCIL OFFICIAL Regular Adjourned Session, Janu- ary 3, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart. Cor- peration Counsel William G. Blum. Mayor Brady read the call and stated that this Session is an Adjourn- ed Session of the Meeting of January 2, 1984, called for the purpose to act upon such business which may proper- ly come before the Council. Let the record show that each newly elected Council Member had taken their written oath of office prior to January 1, 1984. Mayor Brady verbally swore in Loras Khiesner - Council Member rep- resenting the Second Ward, Rbenda Kronfeldt - Council Member repre- senting the Fourth Ward and Barbara Manning - Council Member represent- ing At-Large. Mayor Brady swore in Thomas Beurskens as Mayor Pro-Tern in accor- dance with Ordinance 3-82. RESOLUTION NO. 1-84 Resolution Reaffirming the Appointment of the City Manager BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the appointment of W. Ken- neth Gearhart. as City Manager for the City of Dubuque, Iowa, be hereby reaffirmed in accordance with the terms and conditions contained in employment agreement executed and approved on the 12th day of April, 1982. Passed, adopted and approved this 3rd day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesnor, Kronfeldt, Manning. Nays--Council Member Deich. RESOLUTION NO. 2-84 Resolution Providing for the Appointment of a City Clerk BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: In accordance with Chapter 372.1313) of the Code of Iowa, 1983, the City of Dubuque, Iowa does hereby appoint the following as City Clerk for the City of Dubuque for the )urpose to perform the duties of said position as required by State and City Law, subject however, to the right of the Council to declare said office va- cant or remove the official therefrom at the pleasure of the Council with or without cause, and said official to be paid the compensation as provided in the budget. CITY CLERK -- Mary A. Davis Passed, adopted and approved this 3rd day of January. 1984. 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 Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 3-84 Resolution Providing for the Appointment of a Legal Staff for the City of Dubuque. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That in accordance with Chapter 2 Article III Division 5 of the Code of Ordinances, City of Dubuque, the following shall be appointed as the Legal Department for the City of Dubuque for the purpose to perform the duties of said department as quired by State and Local Law, sub- ject however, to the right of the Regular Adjourned Session, January 3, 1984 3 Council to declare such office vacant or removal therefrom at the pleasure of the Council with or without cause, and said individuals to be compen- sated as indicated: Co-Corporation Counsel: William G. Blum $28,000.00 Barry A. Lindahl $28,000.00 In addition the Legal Department is authorized to expend $10,000.00 for outside clerical services for calendar year 1984. Passed, adopted and approved this 3rd day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kinesner, Man- nlng. Nays--Council Members Hammel, Kronfeldt. Mayor Brady swore in W. Kenneth Gearhart as City Manager, Mary A. Davis as City Clerk and Wm. G. Blum as Corporation Counsel. RESOLUTION NO. 4-84 Resolution Designating the Official Newspaper of the City of Dubuque, Iowa. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU~ QUE IOWA: In accordance with Chapter 618 of the Code of Iowa, 1983, the following shah be designated as the Official Newspaper of the City of Dubuque, Iowa, for the purpose of publication of notices and reports of proceedings as required by law: TELEGRAPH HERALD Passed, adopted and approved this 3rd day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resointion. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesnerl Kronfeldt, Manning. Nays--None. Petition of James A. Rodenberg, owner of Strand Theatre, requesting a permit to demolish this building and use the land temporarily as a parking lot, presented and read. Council Member Kluesner moved that the petition be received and filed and withhold issuance of a demolition ~ermit for ninety days and refer the matter to the Historic Preservation Commission to report back to the Council at the next meeting. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending to refer request to Historic Preservation for their report back, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Ordinance to allow in- crease of charges for certain cable ser- wces provided by Group W Cable, )resented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Council Members Beurskens, Kluesner, Manning. Nays--Mayor Brady, Council Mem- bers Deich, Hammel, Kronfeldt. MOTION FAILED. An ORDINANCE Amending the Code of Ordinances by enacting cor~ tain new subsections of Section 36-188 in lleu thereof providing for installa- tion charges, cofiection charges and 4 Regular Adjourned Session, January 3, 1984 bad check charges for Cable Services, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance, that the rule requiring an Or- dinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispens- ed with and final adoption of the Or- dinance. Seconded by Council Member Kluesner. Vote on the motions was as follows: yeas--Council Members Beurskens, Kluesner, Manning. Nays--Mayor Brady, Council Mem- bers Deich, Harnmel, Kronfeldt. MOTION FAILED. Council Member Kronfeldt moved to refer the matter back to the Cable Regulatory Commission with the con- cerns on twenty-four hour Cable Ser- vices. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Operation: New View Executive Director requesting Council name two delegates and their alternates to their Board, presented and read. Council Member Beurskens moved that the communication be received and filed and referred to Council. Seconded by Council Member Kronfoldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 5-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Jori Atldnson - Jerry Robinson 2327 Central Ave. Mole Oil Company 9th & Central Ave. Passed, adopted and approved this 3ed day of January, 1984. James E. Brady Mayor ~ST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 6-84 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be o.c- cupied by such applicants were re- spected and found to comply with the Ordinances of this City and have filed ~r bond: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicnnts a Beer Permit. CLASS "C" BEER PERMIT Mohi Oil Company & Central r Sales) Mary Ann Wagner 2600 Dodge St. Sunday Sales) Passed, adopted and approved this 3rd day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Regular Adjourned Session, January 3, 1984 RESOLUTION NO. 7-84 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW. THEREFORE, BE IT RE- SOLVED, By tbe City Council of the City of Dubuque. Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James E. Bauer 2126 Central Ave. (Also Sunday Sales) GOMER'S Inc. 1105 University Ave. Jerry G. Turner 925 Century Drive (Also Sunday Sales) Howard Johnson Company John F. Kennedy Road (Also Sunday Sales) Passed, adopted and approved this 3rd day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None, MINUTES SUBMITTED: Dock Commission of 12-7; Five Flagp Com- mission of 12-19; Historic Preserva- tion Commission of 11-22; Park and Recreation Commission of 12-21; Housing Commission Review Commit- tee of 12-20; Transit Board Statement for month of November, 1983, pre- sented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS: Michele L Burbach, in amt. of $30.16 for personal belongings damages; R. Cox in amt. of $10 for damages by refuse collection; Barbara J. Lippstock et al. in unknown amt. for personal injuries and damages, presented and read. Council Members Beurskens moved that the claims be referred to the Legal Staff for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Legal Staff recommending denials of property damages claim of Gloria Fuller, per- sonal injury claim of Carol Lewis. per- sonal injury claim of Barbara Mayers, personal injury claim of Mary J. Klein, presented and read. Council Member Beurskens moved that the denials be approved. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Legal Staff recommending seitlement of personal injury claim of Fred Schubert, in the amount of $155.10, presented and Council Member Beurskens moved that the communication be received and filed and approved settlement and directed Finance Director to issue pro- per check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Kluesner, Kronfeldt, Manning. Nays--None. Regular Adjourned Session, January 3, 1984 December 29, 1983 Honorable Mayor and Members of the City Council The following with the provisions of Chapter 400 of the 1983 Code of Iowa, the Civil Service Commission conducted Promotional Examinations on October 18, 20, 1983 for members of the Fire Department, The following members of the Fire Department have passed the written pro- motional examinations with an average of seventy percent 170%1 or better. FIRE EQUIPMENT OPERATOR Robert M. Waddlck Roger Loewen t~chard Roepsch CAPTAIN Francis Basten Michael Weidemann Pon Kann Kenneth J. Link Gerald L. Udelhafen David W. Schuster LIEUTENANT/INSPECTOR Michael W. Bards LIEUTENANT Patrick L, Kutsch Kenneth Voss James Joseph Burdt Michael Burds Roger Loewen Michael Gabriel John C. Walker Thomas J. Sutter ASSISTANT CHIEF James C. Miller ' John Pregler All Promotions within the Fire Department should be made from the above lists. John E. Hess Chairperson Dolores A. Reihie Gerald J. Koppes Civil Service Commission ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved that the communication be received and filed and made a matter of record. Seconded by Council Member Kronfeldt. Carried by the following voto: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. REFUNDS REQUESTED: Richard Albert $50 and Michael J, Hopkins $50 on unexpired Cigarette Licenses, presented and read. Council Member Beurskens moved that the refunds be approved and directed Finance Director to issue pro- per checks. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None, Mary A. Davis City Clerk Approved 1984 Adopted 1984 Mayor Regulsr Adjourned Session, January 3, 1984 Council Members ATTEST: City Clerk Special Session, January 16, 1984 CITY COUNCIL OFFICIAL Specini Session, January 16, 1984. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart. Assis- tant City Attorney James A. O'Brien. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider execution of a Memorandum of Agreement with Area Residential Care Foundation for the issuance of Industrial Revenue Bonds in an amount not to exceed $425,000 and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Gene Horhaugh of the University of Dubu- que Theological Seminary. PROCLAMATIONS: January 25th as "Dubuque School Nurse Day*' receiv- ed by Audrey Hindman, Roseann Wllgenbush and Donna Kutsch; January 25th as "Alcohol Awareness Day" received by Chief Robert O'Brien and Susan Harnish; January 27th thru February 5th as "Winter Wonderland II" received by John Schublin and "Wunderbear'. Communication of City Manager submitting Resolution authorizing Mayor to execute Section 9 Operating Assistance Application to UMTA and setting the matter for a Public Hear- ing on February 20, 1984 in the Public Library Auditorium, presented and read. Council Member Hammel moved that the communication be received and filed and that a Public Hearing be set on Feb. 20, 1984 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk be instructed to publish notice as prescribed by law. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens. Deich, Hamme] Khiesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 8-84 Resolution Authorizing the Filing of Applications with the Department of Transportation, United States of America, for Grants Under the Urban Mass Transportation Act of 1964, as Amended. WHEREAS, the Secretary of Transportation is authorized to make grants for a mass transportation pro- gram of projects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- cluding the provision by it of the local share of the project costs in the pro- gram; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an ap- )lication for assistance under the Ur- mn Mass Transportation Act of 1964, as amended, the applicant give an ~ssurance that it will comply with Title VI of the Civil Rights Act of 1964 md the U.S. Department of Transpor- tation requirements thereunder; and WHEREAS, it is the goal of the ap- plicant that minority business enter- prise be utilized to the fullest extent possible in connection with these pro- facts, and that definite procedures shah be established and administered to ensure that minority business shah have the maximum construction con- tracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file applications on behalf of the City of Dubuque with the ~S. Depart- ment of Transportation to aid in the inancing of operating assistance pro- jeers pursuant to Section 9 of the U~ ban Mass Transportation Act of 1964, as amended. Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such applications an quired by the U.S. Department of Transportation effectuating the pu~ ~oses of Title VI of the Civil Rights Act of 1964. Section 3. That the Transit Manager Special Session, January 16, 1984 is authorized to furnish such addi- tlonal information as the U.S. Deport- ment of Transportation may require in connection with the application for the program of projects. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the program of projects' procurement needs. Section 5. That th~ Mayor of the City of Dubuque is authorized to execute grant agreements on behalf of City of Dubuque with the U.S. Department of Transportation for aid in the financing of the operating assistance program of projects. The undersigned duly qualified and acting Mayor of the City of Dubuque certifies that the foregoing is a true and correct copy of a reeolutior adopted at a legally convened meeting of the City Council of the City of Dubuque, Iowa, held on January 16, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, E]uesner, Kronfeldt, Manning. Nays--None. Communication of Planning and Zoning Commission recommending to reclassify properties located within 2600 block of University Avenue, as requested by Steve's Plumbing and Heating; Communication of Mary Kay Schwind objecting to rezoning as re- quested by Steve's Plumbing and Heating; Communication of Norbert Behr being in favor of rezoning re- quest, presented and read. Council Member Beurskena moved that the communications be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Zoning Ordinance to reclassify portion of property located northwest of University Avenue from R-4 Multi- Family Residential District to C-1 Commercial District, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance, that the rule requiring an Or- dinanee to be presented and read at two meetings prior to the meeting when final action is taken be dispensed with, and moved that the Ordinance be set for Public Hearing on Feb. 20, 1984 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Hammel. Vote on the motion was as follows: Yeas--Council Members Beurskons, Haramel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Manning. MOTION FAILED. Due to lack of 3/4 vote. Council Member Hammel moved that the reading just had be con- sidared the first reading of the Or- dinance and that it be sat for Public Hearing on Feb. 20, 1984 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk be instructed to publish notice in the manner prescrib- ed by law. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Conncfl Members Beurekena, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Coancfl Mem- bers Deich, Manning, Communication of Planning and Zoning Commission recommending to amend Zoning Ordinance to provide for motels as a conditional use in the OR-1 Office/Residential District, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member HanuneL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bonrskena, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Zoning Ordinance by enacting a new Section 4-109.4(4) and 4-109.6 of Arti- cie IV in lleu thereof to allow motels as 10 Special Session, January 16, 1984 T-~ a conditional use in the OR.1]Iowa, intheCountyofDubuque, State Office/Residential District and of Iowa (the "Issuer") is an incor- establish district regulations thereof, porated municipality authorized and empowered by the provisions of presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, ha dispensed with. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Krunfeldt, Manning. Nays--None. Council Member Beurskens moved that a Public Hearing ha held on the Ordinance on February 6, 1984 at 7:30 p.m. in the City Hall Council Chambers and that the City Clerk be instructed to publish notice in the manner prescribed by law. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Area Residential Care requesting issuance of Industrial Revenue Bonds in an amount not to exceed $425,000, presented and read. Council Member I~uesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 9-84 A Resolution Authorizing the Execu- lion of a Memorandum of Agreement wlth Area Residential Care Founda- tlon. WHEREAS, the City of Dubuque, Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing of any agricultural or manuinc- lured products or of any commercial enterprise engaged in storing, ware- housing or distributing products of agriculture, mining or industry, or of a national, regional or divisional head- quarters facility of a company that does multistate business; and WHEREAS, the Issuer has been re- quested by Area Residential Care Foundation Ithe "Company"), an Iowa not for profit corporation, to issue its revenue bonds pursuant to the Act for the purpose of financing the acqnisi- lion by construction or purchase of land, a building and improvements suitable for use as a workshop facility for developmentally disabled in- engaged in the assembly of manufactured parts, industrial servic-~ ing, light machining, wood container packaging (the "Pro- I located within the Issuer; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provi- sions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such put- pose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the set forth in Exhibit A attach- ed hereto be and the same is hereby ap- proved and the Mayor is hereby to execute said Memoran- dum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agree- merit which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and Special Session, January 16, 1984 11 containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are h~reby repealed to the extent of such conflict. Passed and approved this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk EXHIBIT A Memorandum of Agreement THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque, Iowa, (the "Issuer") and Area Residential Care Foundation (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, ira- provements and equipment, or any in- terest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, ware- housing or distributing products of agriculture, mining or industry, or of a nationa& regional or divisional head- quarters facility of a company that does multistate business. (b) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing re- quired by the Act and Section 103(k) of the InternaI Revenue Code such bonds will be issued by the Issuer in a prin- cipal amount sufficient to partially finance the costs of the acquisition by construction or purchase of land, a building and improvements suitable for use as a workshop facility for developmentally disabled individuals engaged in the assembly of manufac- tured parts, industrial servicing, light machining, wood container construc- tion and packaging (the "Project") located within the Issuer. (c) The Issuer considers that the ac- quisition and construction of the Pro- ;eet and the financing of the same will ~romote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the pro- ceedings necessary to authorize the is- suance of such bonds, in an aggregate principal amount not to exceed $425,000. (b) Subject to due co~npliance with all requirements of law, including the pro- visions of and the public hearing re- quired by the Acg it will cooperate with the Company in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the is. suance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof(or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually accep- table terms relating to the issuance and sale of such bonds. (b) The Company agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket ex- ~enses which the Issuer may incur at its request arising from the execution of this Agreement and the performance by the Issuer of its obligation here- 12 Special Session, January 16, 1984 under, whether or not such bonds are issued. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not con~ stitute an indebtedness of the Issuer within the meaning of any constitu- tional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or tax- ingpowers. Dated this 16th day of January, 1984. Dubuque, Iowa By James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Area Residential Care Foundation By Robert T. Melgaard Council Member Kluesuer moved adoption of the Resolution. Seconded by Council Member Bsurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 10-84 Resolution Fixing a Date for Hearing on Proposed Industrial Development Revenue Bonds, Series 1984 (Area Residential Care Project) WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and em- powered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, ira- provements and equipment or any in- retest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- hig of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, ware- housing or distributing products of agriculture, mining or industry, or of a national, regional or divisional head- quarters facility of a company that does multistate business; and WHEREAS, the Issuer has been re- quested by Area Residential Care Foundation (the "Company"), an Iowa not for profit corporation, to issue its revenue bonds to finance the cost of the acquisition by construction or pur- chase of land, a building and im- provements suitable for use as a workshop facility for developmentally disabled individuals engaged in the assembly of manufactured parts, in- dustrial servicing, light machining, wood container construction and packaging (the "Project"), located at 2455 Kerper Boulevard within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance in part the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1984 (Area Residential Care Project) of the Issuer in an aggregate principal amount not to exceed $425,000 {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 suffi- cient to pay the principal of and premium, ff any, and interest on the Bonds as and when the same shall be due and payable; and / WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, ali as required and provid- ed for by Section 419.9 of the Act and Section 103(k) of the Internal Revenue Code; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the City Hall Council Chambers in Dubuque, Iowa, on the 6th day of February, 1984, at 7:30 o'clock, p.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the Sl0ecial Session, January 16,1984 18 amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Telegraph.Herald, a newspaper published and having a general eireula~ tion within the Issuer. The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1984 (Area Residential Care Prujectl The City Council of the City of Dubuque, Iowa, (the "Issuer"l will meet on the 6th day of February, 1984, at City Hall Council Chambers, in Dubuque, Iowa, at 7:30 o'clock, p.m., for the purpose of conducting a public hearing on the proposal to issue In- dustrial Development Revenue Bonds, Series 1984 (Area Residential Care Project) of the Issuer, in an Aggregate principal amount not to exceed $425,000 (the "Bonds"), and to loan said amount to Area Residential Care Foundation (the "Company"), an Iowa not for profit corporation, for the pur- pose of defraying the cost, to that amount, of the acquisition by con- struction or purchase of land, an ex- isting building of approximately 44,000 square feet and improvements suitable for use as a workshop facility for developmentally disabled in- dividuals engaged in the assembly of manufactured parts, industrial servic. lng, light machining, wood container construction and packaging (the "Prc- ject"}, located at 2455 Kerper Boulevard within the corporate limits of the Issuer. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the prin- cipal of and interest and premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing an local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearin~ or any a~iournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Writ- ten comments may also be submitted to the Issuer at City Clerk, City Hail, Dubuque, Iowa. Written comments must be received by the above hearing By order of the City Council, this 16th day of January, 1984. Mary A. Davis City Clerk Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klueenar, Kronfeldt, Manning. Nays--None. Cornmunicetion of Planning and Zoning recommending denial of rezon- mg request of Ralph Digman/Center Grove Properties to reclassify proper- ties at 3250 Dodge St. from C-7 to C-3 District, presented and read. Council Member Kronfeldt moved that the communication be received and filed and the recommendation of denial be overruled. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Krunfeldt, Manning. Nays--Council Member Khiesner. An ORDINANCE Amending the Zoning Ordinance by reclassifying pro- perry known as 3250 Dodge St. and the adjoining west parcel from C-7 General Service/Wholesale Commer- cial District to C-3 Arterial Business Commercial District, presented and 14 Special Session, January 16, 1984 Council Member Kronfeldt moved that the reading just had be con* sidered the first reading of the Or- dinance. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deic~ Hammal, Kronfeldt, Manning. Nays--Council Member Khiesner. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfaldt, Manning. Nays--Council Member Kluesner. Council Member Kronfaldt moved that a Public Hearing be held on the Ordinance on February 20, 1984 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib- ed by law. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Kronfeldt, Manning. Nays--Council Member Kluesner. Communication of Planning and Zoning recommending denial of re- quest to Sharon Dull to rezone 437-597 and 440-636 Lores Blvd. from R-4 to OR-1 classification, presented and read. Council Member Hammel moved that the communication be received and filed and concurred with the denial. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bets Deich, Hammel, Kluesner, Mann- Nays--Council Members Beurskens, Kronfeldt. Communication of City Manager submitting documents regarding the expansion of the Washington St. Ur- ban Revitalization Area as requested by Correctional Services, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dalch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 11-84 A Resolution Finding that an Amend- ment to the Boundaries and Plan for the Washington Street Urban Revitalization Area is Necessary in the Interest of the Public Health, Safety and Welfare of the Residents of the City. ~ WHEREAS, by Ordinance No. 40-81 the City Council has previously established the Washington Street Ur- ban Revitalization Area, which area's boundaries are described as follows: Beginning at the intersection of West 14th Street and the alley between Central Avenue and Iowa Street; north along said alley to West 17th Street; east along West 17th Street to Heeb Street; north along Heeb Street to the north line of the South V2 of Lot-1 of City Lot 438 and City Lot 439 and the East part of Ci- ty Lot 676; east along said line to Central Avenue; north along Central Avenue to East 20th Street; east along East 20th Street to Elm Street; south along Elm Street to East 14th Street; west along East 14th Street to Central Avenue; conti- nuing west along West 14th Street to the point of beginning; and WHEREAS, The First Judicial District Department of Correctional Services Board of Directors have now requested that the boundaries and plan for the Washington Street Urban Revitalization Area be amended so that a new correctional facility propos- ed for property adjoining said Revitalization Area will qualify for In- dustrial Development Revenue Bonds; and WHEREAS, the City Council finds that the Correctional Services proper- ty and certain adjoining property as hereinafter described by reason of deteriorated and unsafe site condi- tions substantially impair the sound Special Session, January 16, 1984 growth of the City, constitute an economic liability and are a menace to the public health, safety and welfare in their present condition and use; and WHEREAS, Chapter 404 of the Code of Iowa authorizes cities to make amendments to adopted urban revitalization plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the rehabilitation or redevelopment of the hereinafter described area is hereby found to be necessary in the interest of the City, which area's boundaries are described as follows: Lots 187, 187A, 188, 189, 190, 191, 212, 213, 214, 215, and 216 of East Dubuque Addition in the City of Dubuque, lows. Section 2. That an amendment to the boundaries and plan for the Washington Street Urban Revitaliza- tion Area which would incorporate the above.described area and provide for the issuance of Industrial Develop- ment Revenue Bonds for development projects of non-profit organizations is necessary in the interest of the public health, safety and welfare of residents of the City. Section 3. That the Washington Street Urban Revitalization Area, as amended to incorporate the above- described area, meets the eligibility criteria of Chapter 404 of the Code of Iowa, 198~. Passed and approved this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 12-84 A Resolution Acknowledging a Pro- 15 posed Amendment to the Washington Street Urban Revitalization Area Plan Established by Ordinance Ho. 40-81 and Providing for a Public Hearing Thereon. WHEREAS, by Resolution No. 11-84 the City Council has found that an amendment to the Washington Street Urban Revitalization Area Plan established by Ordinance No. 40-81 is necessary in the interest of the public health, safety and welfare of residents of the City; and WHEREAS, Chapter 404 of the Code of Iowa, 1983, provides that a public hearing shall be held on any pro- .posed amendment of a revitalization area plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed amend- ment to the Washington Street Urban Revitalization Plan dated January 1984 and entitled Addendum, a copy of which is attached hereto and made a part hereof, shall be made a matter of record and shall be available for publie inspection in the Office of the City Clerk and in the Department of Com- munity Development. Section 2. That a public hearing shall be held by the City Council on the pro- posed amendment on February 20, 1984. Seetlon 3. That the following said public hearing, the proposed plan amendment may be adapted, amended, referred to a second hearing, or re- jeered by the City Counci~ as provided for by Chapter 404 of the Code of Iowa, 1983. Seetlon 4. That notice of the penden- cy of the proposed plan amendment shall be given according to the re- quirements of Chapter 404 of the Code of Iowa, 1983. Passed and approved this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded 16 Special Session, January 16, 1984 by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeld~, Manning. Nays--None. An ORDINANCE Amending the Boundaries and Plan for the Washington St. Urban Revital/zation Area as established by Ordinance No. 40-81, presented and read, Council Member Bearskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Kluesner, Kronfeidt, Manning. N~ys--None. Council Member Bearskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on February 20, 1984 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish not,ce in the manner preecrib- ed by law. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of City MaNager re. questing Mr. Thomas Jones be allowed to address the Council to describe his plans to write a novel using Dubuque as the background City, presented and read. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Kluesner, Kronfeldt, Manning. Naye--None. Mr. Jones, of New Haven, Connec- ticut, stated that he hopes to write a novel about a City fighting a major ]ood and that he had chosen Dubuque over Peoria. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager resubmitting an Ordinance to increase charges for certain Cable Services pro- vided by Group W Cable, presented and read. Council Member Beurekens moved that the communication be received and filed. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Member Hammel. An ORDINANCE Amending the Code of Ordinances by enacting cer- tain new subsections of Section 36-183 in lieu thereof providing for installa- tion charges, collection charges and bad check charges for cable services, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance, that the rule requiring an Or- dinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispens- ed with and moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Council Member Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Member Hammel. MOTION FAILED. Due to lack of 3/4 vote. Council Member Kluesner moved Special Session, January 16, 1984 that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Council Member Beurskens, Deich, Klueener, Kronfeldt, Manning. Nays--Mayor Brady, Council Mem. ber Hammel. Communication of City Manager re- questing City Council concurrence on plans to proceed with construction of John F. Kennedy Road from Penn- sy]vanla Ave. to University Ave. presented and read. After discussion, Mayor Brady stated the work would not proceed due to not receiving 100% consensus of the Council Members. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kiuesner. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfe]dt, Manning. Nays--None. Communication of City Manager recommending acceptance of Crescent Ridge Sahitary Sewer, Phase II, Pro- ject, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammei, Kluesner, Kronfeldt, Manning. Nays--None. (Accepting Improvement) RESOLUTION NO. 13-84 WHEREAS, the contract for the Crescent Ridge Sanitary Sewer Phase II has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance; NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Dubuque. Iowa. that the recommendation of the City Manager be approved and that said improve- 17 ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- for from the Sanitary Sewer Construc- tion Fund in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, approved, and adopted this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kiuesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Final Estimate) RESOLUTION NO. 14~84 WHEREAS, the contract for the Crescent Ridge Sanitary Sewer Phase II has been completed and the City Engineer has submitted his final estimate showing the cost thereof chiding the cost of estimates, notices, inspection, miscellaneous costs, and preparing the assessment and plat. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque: Section L That the cost of said ira- s hereby determined to be $184,787.15. Section 2. That $16~43,I. 75 of the cost thereof Shall be assessable upon private property and $1~352.40 shall be paid from the Sanitary Sewer Con- struetion Fund. Passed and approved this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried 18 Special Session, January 16, 1984 by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 15-84 A Resolution Adopting the Final Assessment Schedule for Crescent Ridge Sanitary Sewer Phase II, In- cluding Certain Information Required by the Code of Iowa, Specifically, the Number of Annual Installments into which Assessments are Divided, the Interest on all Unpaid Installments, the Time when the Assessments are Payable and Directing the Clerk to Certify the Final Schedule and to Publish Notice Thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and ac- companying plat showing the assessments proposed to be made for the construction of the Crescent Ridge Sanitary Sewer Phase II under con- tract with Langman Construction, Inc. of Rock Island, Illinois which final plat and schedule was filed in the office of the City Clerk on the llth day of January, 1984, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assess- ed and levied as a special tax against and upon each of the lots, the respec- tive sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficien- des are found to be proper and are levied conditionally against the respec- tive properties benefitted by the im- provements as shown in the schedule subject to the provisions of Section 384.63, Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty4ive percent of the value of same. Said assessments shall be payable at the Office of the County Treasurer of Dubuque County, Iowa, and the same may be paid there in full or in part and without interest within thirty days after the date of the first notice of the final assessment schedule. That unpaid assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear in- terest at the rate of twelve percent per annum from the date of the acceptance of the improvements; the first install- ment of each assessment, or total amount thereof if it is less than $50.00, with interest on the whole assessment from the date of acceptance of the work by the Council, shall become due and payable on July 1, 1984; suc- ceeding annual installments, with in- terest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shah be paid at the same time and in the same manner as the September semi-annual payment of ordinary taxes. That the City Clerk be and is hereby directed to certify said final plat and schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutivo weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days froro the date of filing of the final schedulb. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed and approved this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Special Session, January 16, 1984 19 CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS For Crescent Ridge Sanitary Sewer Phase II Special Assessment Fund No. 1324 OWNER LOT & LOCATION VALUATION ASSESSMENT 48,305.51 41,285.51 Leslie Furuseth & Paul E. Wagner George W. & Diane M. Jamison Cont: James J. & Rhonda H. Weruimont Swift Bros, Development Cont: Injection Equipment Service Co. William C. & Mary H. Neumeister John J. & Mary L. Hinderman Dauiel J. & Susan R. Sommers Harold E. & Dolores E. Winders David J. & Shirley B. Hanson Cont: Charles R. Kleiner & Maureen S. Rettenberger Bnbert L. Fassbinder Gerald J. & Margaret E. Fhihr Violet M. Gremmel Mark A. & Verna A. Urban William C. & Mary H. Neumeister Cont: Mary Lynn Neumeister Charles C., Jr. & Eleanor H. Ray Donald R. Allen Ronald J. & Marcella V. Schwendinger George E., Sr. & Maude Clark Raymond Alva & Deluin M. Allen Norman C. & Janet A. Gerstkamp Eugene A. & Elizabeth J. Neilson Eugene A. & Elizabeth J. Neilson 1-1-2-3 NE SW Sec. 28 T89N R2E 5th P.M. 2-1-2-3 NE SW Sec. 28 T89N R2E 5th P.M. 2-2-3 NE SW Sec. 28 T89N R2E 5th P.M. Mineral Lot 289 2 of M.L. 287 W/2-1-1-1-1-1 M.L. 289 2-1-2-1-1-1-1 68,005,51 2-1 2-2 M.L. 290 Int. Lot 1 Neumeister Place Dubuque Homes Center Grow Place #2 2-1-1-1-1 3 4 5 6 7 34,065.51 49,945.51 49.835.51 52,865.51 43,475.51 86,045.51 54,295.51 59,905,51 52,345.51 13,125.51 63,025.51 8 Less Deficiency Assmt. Net Assessment 3,905.51 3,905.5I 3,905.5I 3,905.51 3,905.51 3,905.51 3,905.51 3,905,51 3,905.51 3,905.51 3,905.51 3,905.51 3,905,51 3,905.51 3,905.51 3,905.5I 624.14 3,281.37 3,905.51 20 Special Session, January 16,1984 OWNER LOT&LOCATION VALUATION ASSESSMENT Dubuque Homes Center Grove Place g2 )elbert G. & 10 65,625.51 3,905.51 Lffiian L. Hooks ~eter A. & Stella Krug 11 54,565.51 3,905.51 Douglas E. & 12 55,835.51 3,905.51 Janet M. Fern thomas J. & 13 73,445.51 3,905.51 Carmen V. Gaynor Donald J. & Virginia 14 70,155.51 3,905.51 M. Chatfield David A. & 15 50,365.51 3,905.51 Ellen M. Willis ~eorge F., Jr. & 16 46,845.51 3,905.51 Mary Ann Husoman Fred G. & 17 46,885.51 3,905.51 Mary J. Ruble Vosberg's Center Grove Donald W. Small & I 51,225.51 3,905.51 Rose Marie Helderscbeit Gerald E. Cuppe 2 44,345.51 3 905.51 Joseph Henry Althaus 3 67,325.51 3,905.51 Cent: LeRoy R. & Jeannie Cain Herman C. & 4 57,695.51 3,9~5.51 Florence E. Gorton Donald K. Nelson 5 52,255.51 3,905.51 Donald K. Nelson 6 9,455.51 3,905.51 Less Deficiency Assmt. 1,541.64 Net Assessment 2,363.87 Walter H. & 7 12,175.51 3,905.51 Aiverda Krause Less Deficiency Assmt. 861.63 Net Assessment 3,043.88 W~lter H. & 8 53,025.51 3,905.51 Alverda Krause William E. & 9 56,165.51 3,905.51 Helen A. McCoy Northview Center Grove Place Glen L. & 1 56,505.51 3,905.51 Mary June Albert Daniel M. & 2 52,745.51 3,905.51 Michele A. Heeler Joseph L. & 3 57,345.51 3,905.51 Darlene Berzle Daniel M. & Und. ~A Int. Let 5 1,145.47 976.38 Micbele A. Hcefer Less Deficiency Assmt. 579.79 Net Assessment 396.59 Glen L. & Und. ¼ Int. Lot 5 1,145.47 976.38 Mary June Albert Less Defielency Assmt. 579,79 Net Assessment 396.59 Peter A. & Und. ¼ Int. Let 5 1,145.47 976.38 Stelia Krug Less Deficiency Assmt. 579.79 Net Assessment 396,59 Douglas E, & Und. ¼ Int. Lot 5 1,145.47 976.38 Janet M. Fern Less Deficiency Assmt. 579.79 Net Assessment 396.59 Ronald J. & 6 7,755.51 3,905.51 Louise S. Johnson Less Deficiency Assmt. 1,966.63 Net Assessment 1,938.88 OWNER Bonald J. & Louise S. Johnson Donald L. & Constance M. McCoy Special Session, January 16,1984 LOT & LOCATION 21 YALUATIOll~_ ASSESSMENT 60,325.51 3,905.51 54,225,5 3,905.51 TOTAL SPECIAL ASSESSMENT 175,747.95 LESS DEFICIENCY ASSESSMENT 7,313.20 NET SPECIAL ASSESSMENT $168,434.75 All of wldch is assessed in proportion to special benefits conferred. 6" Vitrified Tile Pipe 8" Ductile Iron Pipe Concrete Manhole Base, Complete Concrete Manhole Sidewall, Complete Manhole Ring & Covers, Complete 4" CIP Laterals 8" x 6" Wyes Concrete Sawing ~" Rolled Stone Base Concrete Pavement (8") Bedding Stone 6" Concrete Driveway & Approach Double Seal Coat Sodding Seeding 4" Plastic Drain Tile Limestone Backfill 8" Concrete Retaining Rock Excavation Shrub Replacement Sanitary Lateral Repairs Asphalt Patch 4,838.3 L.F. @ 17.00 152.6 L.F. @ 21.00 27.0 NO. OF @ 200.00 = 236.72 L.F, @ 50.00 27.0 NO. OF @ 200.00 = 34 NO. OF @ 40.00 = 205.5 L.F. @ 2.00 ~ 750.2 TONS @ 7.50 --- 295,80 TONS @ 11.90 1,368.61 S.F, @ 2.25 1,529.57 S.Y. @ 2.00 10,376.45 S.Y. @ 1.10 938 S.Y. @ 0,50 ~-- 193 L.F. @ 2.00 ~-- 624.75 TONS @ 3.50 15.89 C.Y. @ 125.00 1 L.S, @ 60.00 1 L.S, @ 3,642.04 = 7.5 TON @ 80.00 = TOTALCONSTRUCT1ON COST ENGINEERING EASEMENTS MISCELLANEOUS TOTAL PROJECT COST Less City Share Less Deficiencies TOTAL ASSESSABLE AMOUNT 82,251.10 3,204.00 5i400.00 11,836.00 5,400.00 280.00 5,626.50 4,224.00 3,520.02 3,079.37 469.00 385.00 2,186.63 0.00 1,986.25 60.00 3,642.04 600.00 $150,385.84 32,729.56 100.00 1,571.75 $184,787.15 -9,039.20 -7,313.20 $168,434.75 22 Special Session, January 16, 1984 Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klucener, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending acceptance of the con- struct[on project for the paving and utility installations for the Dubuque Industrial Canter on Radford Road, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by tlie following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Yduesner, Kronfeldt, Manning. Nays--None. (Accepting Improvement) RESOLUTION NO. 16-84 WHEREAS, the contract for the Dubuque Industrial Center and Associated Sewer/Water Service Facilities has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accor- ding to the terms of the contract, plans and specifications and recom- mends its acceptance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHI~R RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the Economic Development Administration, the Grant, Sewer Con- struction Fund, and the Water Con- structlon Fund in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed and approved this 16th day of January. 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution, Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Dnich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. {Final Estimate) RESOLUTION NO. 17-84 WHEREAS, the contract for the Dubuque Industrial Center and Associated Sewer/Water Service Facilities has been completed and the City Engineer has submitted his final estimate showing the cost thereof eluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $1,519,246.85 and that said amount shall be paid from the Economic Development Administration, the Gran~ Sewer Construction Fund and the Water Construction Fund of the City of Dubuque, lowa. Passed and approved this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting an Ordinance designating the Park Rangers as Law Enforcement Officers, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Special Seseion, Jann~ry 16, 1984 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 1-84 AN ORDINANCE AMENDING THI~ CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SECTION 27-11 TO CHAPTER 27 PROVIDING THE DESIGNATION OF I~IPLOYEES AS LAW ENFORCE. MENT OFFICERS, presented and read. Council Member Beurskens moved that tho reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Kluesner, Kronfeldt, Manning. Nays--None· ORDINANCE NO. 1-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION 27- 11 TO CHAPTER 27 PROVIDING FOR THE DESIGNATION OF CER- TAIN EMPLOYEES AS LAW ENFORCEMENT OFFICERS WHEREAS, the City of Dubuque, Iowa has in its employ and/or will employ certain personnel who in addi- tion Ix~ other duties are assigned from time to time as Park Rangers in the Park and Recreation Department; and WHEREAS, such employees, when assigned as Park Rangers, perform duties to more ettbetively prey/de for and promote the health, safety, morals and general welfare of the City; and WHEREAS, it is in the best interest of th( City that Park 1Rangers, ~h~ are not otherwise designated by the Code of Iowa, be designated as law enforcement officers in order that they ~nay be eligible for appropriate training ~n order to more effectively perform their ~.sig~ ed duties. NOW THEREFORE, BE IT 23 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 adding a new Section 27-11 to Chapter 27 thereof as follows: "See. 27-11. Park Rangers. Employees assigned duties from time to time as Park Rangers in the Park and Recreation Department are desig- hated as law enforcement officers sub- ject to the certification of the successful completion of training at an approved law training facility.' Passed, approved and adopted this 16th day of January, 1994. James E. Brady ATTEST: Mayor Mary A. Dav/s City Clerk Published officially in the Telegraph Herald newspaper this 20th day of January, 1984. · Moxy A. Davis It 1/20 City Clerk Council Member Beurskens moved final adoption of the Ordinance Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Mann ng. Nays--None. Communication of City Manager submitting an Ordinance providing for amendments to the Human Rights Or- dinance, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by CounciI Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem. l~urs Beurskens. Deich, Hamme], esner, Kronfaidt, Manning. Nays--None. ORDINANCE NO. 2-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC~ TING A NEW SECTION 21-64(1) OF DIVISION 4 PROVIDING FOR PROHIBITED PRACTICES IN HOUSING AND BY DELETING THE WORD "SALESMAN', AND INSERTING THE WORD "SALES- PERSONS" IN LIEU THEREOF, SpecialSesalon, January16,1984 presented and read. Council Member Beurskans moved that the reading just had be con- sidered the first reading of the Or- dinnace. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the nde requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Khiesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 2-84 AN ORDINNCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 21-64(1) OF DIVISION 4 AND ENACTING A NEW 21-64(1) OF DIVISION 4 PRO- VIDING FOR PROHIBITED PRAC- TICES 1N HOUSING AND BY DELETING THE WORD "SALES- MAN" AND INSERTING THE WORD "SALESPERSONS" IN SEC- TION 21-64. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 21-64(i) of Division 4 and by enacting a new Section 21-64(1) in lieu thereof and by deleting the word "salesman" and inserting the word "salespersons" in Section 21-64 as follows: "Sec. 21-64. Prohibited practices. It shall be an unfair or discrimina- tory practice for any owner, or person acting for an owner, of rights to hous- ing or real property, with or without compensation, including but not lim- ited to persons licensed as real estate brokers or sale~persons, attorneys, auc- tioneers, agents or representatives by power of attorney or appointment, or any person acting under court order deed of trust, or will: (1) To refuse to sell, rent, lease, assign, or sublease any real property or housing accommodation or part, portion or interest therein, to any per- son because of the race, color, creed, sex, age, religion, disability, or national origin of such person." PASSED, APPROVED AND ADOPTED this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of January, 1984. Mary A. Davis City Clerk It 1/20 Council Member Bearskens moved final adoption of the Ordinance. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Counail~Mem- bets Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. BOARDS AND COMMISSIONS: Human Rights Commission - Vacan- cies: Three 3-Year terms to expire 1-1-87; One unexpired term which will expire 1-I-85. Applicants: Esther C. Chi, Matthew J. Devlin, Arnold Her- rig, Fred Moser, Daniel E. Nichnison, Rick R. Redalen. M.D., Ruby Sutton, Ron C. Thiltgen. Vote of the appoint- ment was as follows: Council Member Beurskens voted for Chi, Sutton and Devlln; Mayor Brady voted for Chi, Sutton and Nicholson; Council Member Deich voted for Chi, Sutton and Nicholsan; Council Member Hammel voted for Chi, Moser, Nichnison; Council Member Kluesner voted for Chi, Sut- ton, Nicholson; Council Member Kronfeldt voted for Chi, Sutton, Nicholson; Council Member Manning voted for Chi, Sutton, Nicholson. Therefore, Esther Chi, Daniel Nicholson and Ruby Sutton appointed to three years term on the Human Rights Commission which will expire January 1, 1987. Vote on the unexpired term: Council Member Beurskens voted for Devlin; Mayor Brady voted for Redalen; Coun- cil Member Deich voted for Devlln; Council Member Hammel voted for Moser; Council Member Kluesner voted for Devlln; Council Member Kronfeldt voted for Moser; Council Special Session, January 16, 1984 25 Member Manning voted for Devlin. Therefore, Matthew Devlln ap. pointed to the Human Rights Conunis- sion for an unexpired term which will expire January 1, 1985. Petition of Loras College requesting transfer of their Class "B" Beer Per- mit on January 27, 1984, presented and read. Council Member Kluesner moved that the petition be received and filed and transfer approved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Kluosner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 18-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compli~d with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. James E. Bauer Yesterday's 2126 Central Ave. Robert R. Gross Sport Page 1700 Central Ave. Passed and approved this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Dav~s City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 19-84 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Kopps Market, Inc. 2600 Dodge St. IAlso Sunday Sales) Beverly R. Miller 260 Southern Ave. (Also Sunday Sales) T F M Co, Oky Doky #9 51 West 32nd St. (Also Sunday Sales) Passed and approved this 16th day of January, 1984. 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 Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO, 20-84 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premise~s to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pllcants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Linda Robinson &Jon Atldnson 2327 Central Ave. (Sunday Sales Only) 26 Ken Kruser & Stanley Robey, Jr. 1401 Elm St. Robert P. SpiegelhaRer 2364 Washington Phllllp R. Love 481 Locust St. Robert R. Gross 1700 Central Ave. ~Also Sunday Sales) SPECIAL CLASS "C' BEER-WINE LICENSE TF MCo. 1236 Iowa Street Passed and approved this 16th day of January, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution (all except R. Gross). Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved to conditionally approve issuance of Class "C" ICommercial) Beer & Liquor License to Robert Gross, subject to re- inspection on Jan. 20, 1984 to make sure all matters have been complied with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel. Nays--Council Members Kluesner, Kronfeldt, Manning. MINUTES SUBMITTED: Airport Commission of 12-20, Cable Tele- Programming Commission of 12-6; Cable Regulatory Commission of 12-21; Planning and Zoning Commls- sion of 12-7, presented and read. Council Member Kronfeldt moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays~None. NOTICES OF CLAIMS AND SUITS: Ken Arensdorf in unknown amt. for car damages; Connie Booth in amt. of $150 for car damages; James S. Kretz Special Session, January 16, 1984 ~nln amt. of $104.63 for car damages; James F. Prochaska in amt. of $410 for backed-up sewer damages; Dubuque Bank and Trust Co., executor of Patrick J. Ahern estate in unknown amt. for personal injuries; Mildred Kir- unknown amt. for personal in- uries; Robert S. Pier in amt. of $26.93 for property damages;, presented and read. Council Member Kronfeldt moved that the claims and suits be referred to the Legal Staff. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronieldt, Manning. Nays--None. Communication of Legal Staff advis- ing the following claims have been set- tled and are therefore considered clos- ed: Mary Coyle, Carolyn Foht and Cia- dy Goldthorpe, presented and read. Council Member Kronfeldt moved that the communications be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Legal Staff recommending denial of the following claims; Michele Burbech, Tercance Hosch and Thomas Glover, presented and read. Council Member Kronfeldt moved that the communication be received and filed and denials approved. teconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims paid for month of November, 1983, presented and read. Council Member Kronfeldt moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Special Session, January 16, 1984 27 Kluesner, Kronfeldt, Manning. Nays--None. Communication of Barry Tegeler op- posing any proposed addition of fur- ther barge fleeting sites within the City of Dubuque, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petitions of Helping Services for North East Iowa, Inc., requesting fun- ding be allocated to them during the City's budget process, presented and mad. Council Member Kronfeldt moved that the petition be received and filed and referred to the Budget. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of William Fisch submitting his solution to disposing of sludge in our sewage system, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Attorney David W. Leifker advising Notice of Expira- tion of Right of Redemption for cer- tain properties, presented and read. Council Member Kronfeldt moved that the connnunication be received and flied. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. REFUNDS REQUESTED: Herman Meyer, $50 on unexpired Cigarette License; Michael D. Hopkins, $211.25 on unexpired Liquor License, presented and read. Council Member Kronfeldt moved that the refunds be approved and Finance Director directed to issue pro- per checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Final Plat and Schedule of Assessment for City of Dubuque 1983 Asphalt Paving Pro- ject and Certification of City Clerk stating notices were sent by Certified Mail to known property owners on Dec. 29, 1983, presented and read. Council Member Kronfeldt moved that the proof of publication and cer- tificate of City Clerk be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Fiscal Year 1983 Audit l~ports as prepared by Helle, Kloster- man and Co., and enclosing the Auditor's findings and recommenda- tions, along with the City's response thereof, AND Communication of Finance Director submitting the Com- prehensive Annual Financial Report of the City for Fiscal Year ended June 30, 1983, presented and read. Council Member Kronfeldt moved that the communications be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Historic Preser- vation Commission recommending denial for ninety days on demolition permit requested by the owners of the Strand Theatre, presented and read. Council Member Kronfeldt moved that the communication be received 28 Special Session, January 16, 1984 and filed. Seconded by Council Member Ktuesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Deich, I-Iammel, Kluesner, Kronfeldt, Manning. Nays--None. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deicfi, Hammal, Kluesner, Kronfaldt, Manning. Nays--None. Approved__ 1984 Adopted _ __1984 Mayor CouncfiMembers ATTEST: City Clerk Regular Session, February 6,1984 CITY COUNCIL OFFICIAL Regular Session, February 6, 1984. Council Mst at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Harems] Kluesner, Kronfeldt, Manning, Assis- tant City Manager Gent M. Wit- tenberg, Corporation Counsel Willlmn G. Blum. Absent--City Manager W. Kenneth Gearhart. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Rev. Phyllis Anderson, Assistant to the Bishop of Iowa, American Lutheran Church. PROCLAMATIONS: Proclaiming Carrie Sue Poston as "Lady Am. bassador for the City of Dubuque"; Week of February 4-12 as "Youth Hockey Week"; Week of February 12-18 as "National Distributive Education Clubs of America Week"; Week of February 12-18 as "Office Education Week"; February 12 as "World Marriage Day"; Month of February as "National Children's Den- tal Health Month". Council Member Deich moved to suspend the rules to let anyone pr~- sent address the Council if they so desire. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurekens, Deich, Hammal, Kluesner, Krunfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing amending the Zoning Or- dinance to allow Motels as a Condi- t/onal Use in the OR-1 District, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Coun- cfi Member Kluesner moved that the proof of publication be received and fil- ed. Seconded by Council Member Beursknas. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Deich, Hammal, Kluesnar, Kronfeldt, Manning. Nays--Nona. ORDINANCE NO. 3-84 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 ENACTING A NEW SECTION 4-109.4{4) AND BY REPEALING SECTION 4-109.6 OF ARTICLE IV AND ENACTING A NEW SECTION 4-109.6 OF ARTI- CLE IV IN LIEU THEREOF TO ALLOW MOTELS AS A CONDI- TIONAL USE IN THE OR-1 OF- FICE/RESIDENTIAL DISTRICT AND ESTABLISH DISTRICT REGULATIONS THEREIN, SAID ORDINANCE HAVING BEEN presented and read at the Council Meeting of January 16, 1984, presented for final adoption. See ORDINANCE NO. 3-84 and CHART on following pages