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1984 June Council Proceedings196 Special Session, May 21, 1984 Regular Session, June 4, 1964 und Reconvened Session June 8, 1984 197 CITY COUNCIL OFFICIAL Regular Seseiou, June 4, 1984 and Reconvened Session, June 8, 1984. Council Met at 7:15 o'clock p.m., at the Five Flags Civic Center Theatre. Present--Mayur Brady, Council Members Beurskens, Dsich, Hammel, Klucener, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- poratlou Counsel William G. Blum. Mayor Brady read the cell and stated that service thereof had been duly made and this Meeting is the regular monthly meeting of the City Council celled for the purpose to act upon such business which may proper- ly come before the Counc'd. 7:17 p.m. Council Member Kroufeldt moved to go into Closed Session to dis- case with Counsel strategy in matters which are presently in litigation in ac- eordunce with Chapter 28A.5 of the Code of Iowa, 1983. Seconded by Council Member Manning. Carried by the following vote: Yces--Mayer Brady, Council Mem- bers Beurskous, Deich, Klusener, Kroufeldt, Mann/ng. Nays--Council Member Hammel. 7:38 p.m. Council reconvened Regular Session. Mayor Brady stated t~t Legal Staff had been given direc- tion on pending litigation. Invocation was given by Father James Chappell, Associate Pastor of St. Joseph's Catholic Church. Mayor Brady so proclaimed the month of June, 1984 as: "Hire a 'veteran Month". Mayor Brady presented a Cer tificeta of Appreciation to Carrie Sue Poston, Miss Dubuque 1984, and wished her well in the future. Proof of publication, certified to by the Publisher, on Notices to Property Owners advising of Public Hearing upon proposed Resolution of Necesei- ty and proposed plans and specs, etc. for 1984 Street Project and Assess- ment for the following named streets as a Rehab'ditation Project: Asbury Rd. from Crlsey Dr. to Carter Rd., Chaney Rd. from Kaufmann Ave. to Fane St., Clarke Dr. from Asbury Rd. to St. Ambrose St., Clarke Dr. from St. Ambrose St. to West Locust St., North Grandview Ave. from Dexter St. to the alley between Clarke Dr. and Resedale Ave., Lincoln Ave. from Windsor Ave. to Hamilton St., Penn. Ave. from J.F.K. Rd. to Lenox St., Plymouth Ct. from Grandview Ave. to the west end; West Third St. from Grandview Ave. to Hill St., and Vic- toria and Logan Streets from Plymouth Ct. to their southerly end, presented and read. Council Member Bearskens moved that the proofs of publication be received and filed. Seconded by Coun- cil Member Klusener. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, I-Iammel, Klusener, Kronfaldt, Manning. Nays--None. Certificate of City Clerk certifying Notices were sent, by certified mail, to known property owners for said pro- ject, on May 18, 1984, presented and read. Council Member Bearskens moved that the certificate be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yces--Mayor Brady, Council Mem- bers Beurskens, Dsich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communicetlon of Larry Hamel op- posing proposed improvement on Chaney Rd. from Kaufmenn Ave. to Kane St.; Petition of Thomas A. & Margaret M, Simon et al (39 signors} objecting to assessment as proposed for the rehabilitation of Chaney Rd. from Kaufmann Ave. to Fane St,; Peti- tion of Robert A. & Vialette M. Miilius protesting the renovation of Chaney Rd. from Kaufmann Ave. to Kane St.; Petition of approx. 167 signers objec- t~ng against assessment for the im- provement of Lincoln Ave. from Wind- sor to Hamilton; Petition of Mrs. Frances Crippse objecting to assess- ment for improvement on Lincoln Ave.; Petitions of Oliver Keehner and John & Betty Huseman protesting the proposed paving of Lincoln Ave.; Peti- t/on of approx. 25 property owners ob- jecting to Rehabilitation Project on 198 Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 N. Grandview Ave. from Dexter St. to the alley between Clarke Dr. & Rosedale Ave.; Petition of approx. 53 property owners objecting to passage of proposed Resolution of Necessity in connection with the improvement and/or paving of Plymouth Ct. and Victoria; Communication of Reuben and Jean Pirner objecting to proposed street improvement pertaining to that portion of Victoria St. from the in- tersection of Diane Ct. to its southerly end; Petition containing 100 signatures objecting to repaying of West Third St. for various reasons; Petition of Michael E. Gabriel objec- ting to proposed Rehabilitation Pro- ject for W. 3rd St.; Petition of Ethel Miner objecting to assessment for Rehabilitation of Lincoln Ave. from Windsor Ave. to Hamilton St.; Com- munication of James E. & Geraldine A. Walsh objecting to Rehabilitation Project for Penn, Ave. from J.F.K. Rd. to Lenox St. for various reasons; Com- munieation of Ethel Hennings objec- ting to improvement proposed for Lin- coin Ave.; Petition containing 69 signatures objecting to improvement of Asbury Rd. from Crissy Dr. to Carter Rd. at tins time; Communica- tion of U.S. & Marie G. Lewis objec- ting to proposed improvement of Vic- toria Ct.; Communication of Thomas J. Dougherty protesting to the resurfac- ing of Chaney Rd. from Kanfman Ave. to Kane St. for various reasons; Peri- tion of Eagle Investments, protesting proposed assessment for project on Clarke Dr. from St. Ambrose St. to West Locust St., presented and read. Council Member Beurskens moved that the communications and petitions be received and filed. Seconded by Council Member Klnesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. 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 vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Asbury Road From Crissy Dr. to Carter Road Pinl Powers, Ambrose Herkes, Jim Arlen, and Jim Gloor, all property owners on Asbury objected to the pro- Council Member Beurskens moved to include Asbury Rd. from Crissy Rd. to Carter Rd. in the 1984 Asphalt Pay- lng Project. Seconded by Council Member Rronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klnesner, Kronfeldt, Manning. Nays--None. Chaney Road from Kaufmann Ave. to Kane St. Robert Miliius, Thomas Simon, Greg Maulsen, Ted Rolling, and Bob Saunders, all property owners on Chaney Rd. objected to the proposed improvement. Council Member Beurskens moved to include Chaney Rd. from Kaufman Ave. to Kane St. in the 1984 Asphalt Paving Project. Seconded by Council Member Kronfeint. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Clarke Drive from Asbury Road to St. Ambrose St. Gerald Juergens objected to the pro- posed assessment. Council Member Beurskens moved to include Clarke Dr. from Asbury Rd. to St. Ambrose St. in the 1984 Asphalt Paving Project. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Clarke Drive from St. Ambrose St. to W. Locust St. Council Member Kronfeldt moved to include Clarke Dr. from St. Ambrose to W. Locust in the 1984 Asphalt Pay- lng Project. Seconded by Council Regular Session, June 4, 1984 and Reconvened SeSsion June 8, 1984 199 Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Grandvlew Ave. from Dexter St. to the alley between Clarke Dr. & Roecdale Eugene Smith, Larry Smith, and Elmer Rogers all objected to the pro- posed assessments. Council Member Beurskens moved to include Grandview Ave. from Dex- ter St. to tho alley between Clarke Dr. & Rosedale Ave. Seconded by Council Member Manning. Carried by the following vote. Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Lincoln Ave. from Windsor Ave. to Hamilton St. Rog Cabalk, Oswald Holz, Dick Ellis, and Mark Zelinskas ail property owners on Lincoln Ave., objected to the proposed assessments. Council Member Kronfeldt moved to include Lincoln Ave. from Windsor Ave. to Hamilton St. in the 1984 Asphalt Paving Project. Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--Council Members Beurskens, Hammel, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Member Delch. Pennsylvania Ave. from J.F.K. Road to Lenox St. Council Member Beurskens moved to include Pennsylvania Ave. from J,F.K. Road to Lenox St. Seconded by Council Member Hammel. Carried by the following vote: Yeas~--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Plymouth Court from Grandview Ave. to the West End. Sharon Hannon, property owner on Plymouth Ct., objected to the propos- ed assessment. Council Member Beurskens moved to include Plymouth Ct. from Grand- view Ave. to the west end in the 1984 Asphalt Paving Project. Seconded by Council Member Kronfeldt. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt, Manning. Nays--Council Member Deich. West Third St. from Grandvlew Ave. to Hill St. Linda Rcopsch, Richard Roepech, Jay Kopp, David Derks, John Sjobok- ken, Gene Foughty, Ivan Wolf, David Radioff, all property owners on West 3rd., objected to proposed assessment. Council Member Beurskens moved to include W. Third St. from Grand- view Ave. to Hill St. in the proposed 1984 Asphalt Paving Project. Second- ed by Council Member Kinesner. Car- ried by the following vote: Yeas--Council Members Beurskens, Hammel, Kluesner, Kronfeldt, Man- ning. Nays--Mayor Brady, Council Member Deich. Victoria & Logan Sts. from Plymouth Ct. to their southerly end. Nell Herberger, Dane Smith, and Don Wertz, property owners on these streets, objected to proposed assess- ment. Council Member Beurskens moved to include W. Third St. from Grand- view Ave. to Hill St. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Council Members Beurskens, Hammel, Kluesner, Kronfeldt, Man- ning. Nays--Mayor Brady, Council Member Deich. Necessity for Improvement RESOLUTION NO. 113-84 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 Regular Session, June 4, 19~4 and Reconvened Session June 8, 1984 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 1984 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 objco- 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 shall be con- structod and done in accordance with the plans end 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 Road Use Tax Fund, the Revenue Sharing Fund, and the Parking De- preclation Fund, and. special assess- ment bonds may be issued in anticipa- tion of deferred payments of assessments when a contract has been performed and accepted, and the pro- ceeds thereof used to pay the contrac- tot. The above resolution was introdan- ed, approved and ordered placed on file with the City Clerk this 7th day of May, 1984. 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 amended by the City Council this 4th day of June, 1984. Jamea E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesnar moved adoption as amended. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskene, Deleh, FAuesner, Man- ning. Nays--Council Member Hanunel, Kronfeldt. RESOLUTION NO. 15684 Resolution with Respect to the Adop- tion of the Resolution of Necessity Proposed for the 1984 Asphnlt Paving Project WHEREAS, this Council has pce- posed a Resolution of Necessity for the 1984 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 pond- ing 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 COUNCIL OF THE CITY OF DUBUQUE IOWA, that the proposed Resolution of Necessity described above is hereby adopted as amended by the schedule of Amendments attached hereto as Ex- hibit A, and made a part hereof by reference. All objections filed or made having been duly considered are over- Passed, approved and adopted this 4th day of June, 1984. Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 201 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk EXHIBIT "A" The following portions of the follow- ing muned streets are hereby deleted from the 1984 Asphalt Paving Project: , 1. Lincoln Avenue from Windsor Avenue to Hamilton Street, 2. Plymouth Court from Grandview Avenue to the west end, $. West Third Street from Grand- view Avenue to Hill Street, 4. Victoria and Logan Streets from Plymouth Court to their southerly cod. Council Member Klueenar moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dsich, Kluesner, Man- ning. Nays--Council Members Hammel, Kronfeldt. Decision of Council Upon Objections to Plans, Speeifieations, Form of Contract and Cost of Improvements RESOLUTION NO. 1574/4 WHEREAS, proposed plans and specifications and form of contract for the 1984 Asphalt Paving Project have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of June, 1984; and WHEREAS, the City Council met in regular session this 4th day of June, 1984, at 7:30 p.m. at the Five Flags Civic Center for the purpose of hearing all interested porties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the ira- provement herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have be~n duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and each plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution contaiaing the decision of this City Council upon all objections which have been fried to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 4th day of June, 1984. James E. Brady Mayor A'VrEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayur Brady, Council Mem- bers Beurskens, Dsich, Kineeaer, Man- ning. Nays--Council Members Hammel, Kroufsidt. (Ordering Construction) RESOLUTION NO. 158~4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 113-84 which was duly passed by this Council for the 1984 As- phalt Paving Project be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of proper- ty owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on fha in the office of the City Clerk. 202 Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 BE IT FURTHER RESOLVED that the cost and expense of making said improvement will be assessed par- tlally or totally against privately own- ed property lying within the assess- ment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits con- ferred. The portion of the cost which shall be borne by the City will be paid from the Road Use Tax Fund, the Revenue Sharing Fund, and the Park- ing Depreciatlon Fund, and special assessment bonds may be issued in an- ticipation of deferred payments of assessments when a contract has been performed and accepted and the pro- ceeds thereof used to pay the con- t~actor. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 21st day of June, 1984. Bids shall be opened and read by the City Clerk at said time and ~ be submitted to the Council for final action at a meeting to be held at the City Council Chambers at 7:30 p.m. on the 2nd day of July, 1984. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 4th day of June, 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- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Man- Nays--Council Members Hammel, Kronfeldt. COUNCIL MEMBER KRON- FELDT LEFT THE CHAMBERS AT 9:54 P.M. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to amend the Zoning Or- dinance and Zoning Map by reclassify- ing certain properties along Jniien Dubuque Dr. to PI Planned Industrial District, AND Communication of At- torney Alfred E. Hughes requesting Council refer proposed Ordinance back to the Planning and Zoning Commis- sion to make appropriate changes in the Ordinance to satisfy objections and further requesting to ad- the Council on the issues, presented and read. Mr. Hughes, Attorney rep. Inland ~Iohissee, spoke to the communica- Tom Neaier, 1847 S. Grandview, ob- jected to odor problems emanating from Inland Molasses. Ed Tschigg[rle, Juben Dbq. Dr., ;bet there would be a decrease in shipments from the MarJo Quarry n that area. Council Member Khiesner moved that the proof of publication and com- munication of Mr. Hughes be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Courted Members Beurskens, Deich, Hammel, Khiesner, Manning. Nays--Mayor B~ady. Abeent--Council Member Kron° feldt. ORDINANCE NO. 17.84 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING CERTAIN DESCRIBED PROPERTIES ALONG JULIEN DUBUQUE DRIVE FROM THEIR CURRENT ZONING CLASSIFICA- TIONS TO "PI PLANNED INDUS, TRIAL DISTRICT" TO BE KNOWN AS "JULIEN DUBUQUE DRIVE PLANNED IND. DISTRICT", SAID ORDINANCE HAVING BEEN Regular Session, June 4, 1984 and Recanvened Session June 8, 1984 2O3 presented and read at the Council ~Ieetinge of May 7 and May 21, 1984, presented for final adoption. ORDINANCE NO. 17-84 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, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREINAFTER DESCRIBED pROPERTIES ALONG JULIEN DUBUQUE DRIVE FROM THEIR CURRENT ZONING CLASSIFICA- TIONS TO "PI PLANNED INDUS- TRIAL DISTRICT" TO BE KNOWN AS "JULIEN DUBUQUE DRIVE PLANNED INDUSTRIAL DIS- TRICT'. WHEREAS, the City Planning and Zoning Commission has studied and held hemmings on land use and zoning for certain properties along Julien Dubuque Drive; and WHEREAS, the Commission has found that said properties contain sub- stantial industrial development which is located adjacent to and is accessible through an established residential neighborhood; and WHEREAS, the Commission has found that residents surrounding said area have registered significant com- plaints about certain adverse hnpacts resulting from the operation of the existing industrial ~ in said area, in particular regarding noxious odors and heavy truck traffic that have substan- tially interfered with the use and enjoyment of their respective proper- ties; and WHEREAS, the Commission has further found that the existing use, expansion of uses, and addition of new uses in said area for industrial purposes should be protected and promoted pro- vided that the adverse impacts of such industrial development may be reduced to a minimum; and WHEREAS, the Commission has determined that the PI Planned Indus- trial District provides the standards for development and procedures for plan approval necessary to allow and con- trol industrial development of said area and to protect the public interest; and WHEREAS, the Commission has approved a PI Planned Industrial Dis- trict classification for said area subject to specific conditions and restrictions and has recommended the concurrence of the City Council in approval of said reclassification; and WHEREAS, the City Council has reviewed the report and recommenda- tion of the Commission and has held its own public hearing on the matter; and WHEREAS, the City Council con- curs in the findings and recommends- tion of the Commission and has approved said reclassification subject to the same specific conditions and restrictions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nauces of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance ~nd Zoning Map of the City of Dubuque, Iowa" by reclassifying to "PI Planned Industrial District" the following described properties, to be known as "Julien Dubuque Drive Planned Industrial District, to wit: Lot 3 of Fract. Gov't. Lot 1; Lot 2 of Fract. Gov't Lot 1; Lot 2 of Lot 1 of Fract. Gov't. Lot 1; LOt 1 of Lot ! of Fract. Gov't Lot 1; LOt 1 of Lot~l of N.W. % of N.E. %; Lot 2 of Lot 2 of LOt 1 of N.W. % of N.E. %; Lot 2 of N.W. % of N.E. lA; Lot 1 of Lot 2 of Lot t of N.W. % of N.E. %; Lot 2 of Lot I of N.E. % of N.W. %; Lot 1 of Lot 1 of N.E. lA of N.W. % (Pt. S. of Road); Lot 2 of N.E. % of N.W. %; Lots 1 and 2 of Inland Molasses Place; Pt. Lot I of N.W. % of N.W. %; Lot 2 of N.W. % of N.W. %; all in Sec. 6 - T88N - R3E of the 5th PM; Lot 2 of Lott's Subdivision and Part ~f Mineral Lots 502, 503 and 505, all in Sec. 1 - T88N - R2E of the 5th PM; all herein described parcels lying within the corporate limits of the City of Dubuque, Iowa. Section 2. That in order to accom- plish the purposes of the PI "Planned Industrial District" and of the Zoning Ordinance, the properties herein above-described and reclassified are so reclassified subject to the following conditions and restrictions: A. Use Regulations The following regulations shall apply to all uses made of land in Julien Dubuque Drive Planned Industrial District: (1) Any principal permitted, acce~ory or conditional use permitted in the HI Heavy Industrial District, shall be permitted provided such use conforms with Section 4-121 PI Planned Industrial District of the Zon- ing Ordinance except as provided here- after. (2) Now uses solely dependent on truck/freight terminal facilities and/or truck transportation for both raw and manufactured products including but not limited to: a) Moving/storage companies b) Grain elevators c) Farm to market hauling d) Grain terminals/storage facili- ties e) Truck/freight terminals f) Bulk storage of petroleum pro- ducts shall not be permitted until such time that an approved alternate access such as the Rockdale Road Bridge, to the Julien Dubuque Drive Planned Indus- trial District is made available. For purposes of this ordinance a terminal is considered to be a facility designed to accommodate the shaultaneous loading or unloading of three (3) or more tmcks. (3) Uses already established or pre- viously existing on the effective date of this Ordinance shall bo permitted and may be altered, enlarged, expanded or modified provided that the addition or changes comply with the standards contained herein. (4) Any alterations or additions thai require an increase in the number of trucks to facilitate the expanded use may do so up to a maximum of twenty perent (20%) increase above the num- ber of trucks existing on the effective date of this Ordinance. The percentage increase does not include seasonal fluc- tuations normally associated with cer- tain industries but does not include the maximum number of trucks associated with the industrial use on a yearly (5) Existing uses may be sold or leased provided that the new use is not an intensification of the current opera- tion except that, such new uses shall be given the same expansion opportun- ities under this ordinance as the origi- nal industry preceding it. (6) Any city approved alternate access, such as the Rockdale Road Bridge, to the Julien Dubuque Drive Planned Industrial District shall nul- Iffy the requirements of Section 2A.(2), (4) and (5) of this Ordinance. B. Site Plan Review Any existing use request alteration or modification in a structure or use which would require the provision of Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 additional off-street parking spaces or lot area; or any new use requmng con, struction or structural additions to existing uses, shall require an approved site plan prior to any construction aqtivity, including site preparation. Site plan review for the Julien Dubuque Drive Planned Industrial District shall be in lieu of subsequent final development plan review. C. Lot and Bnik Regulations Development of land in this partic- ular PI Planned Industrial District shall be regulated as follows: (1) All buildings structure~ and acti- vities shall bo located in conformance with the attached Development Land Use Map· (2) All development parcels shall provide a front yard setback of ten (10) feet. (3) Building and structure heights shall ha limited to one hundred feet (100') except for parcel "D" which shall be limited to thirty feet (30'). Antennae, communication towers, pub- lic utilities, etc. shall be exempted from these heights provisions. D. District Standards The development, operation and maintenance of u~s in this PI Dis- trier shall bo conducted in confer- mance with the following standards as well as with the regulations of Sec- tion 4-121.7 of the PI Planned Indus- trial District: (1) No development shall ha permit- ted within the open space areas as shown on the attached Development Land Use Map· (2) Stormwater and/or spillage dis- ch~ge connected with a new use or expansion of an existing use shall be located and contained on site in a manner approvable by City and State regulations. Provisions shall bo made and facilities shall be designed to pre- vent untreated discharge of any kind or from any source to be transported · to the Missis&ppi River or its tribu- taries. E. Additional Standards (1) Ah new and/or additional oper- ations and activities shall bo conducted or maintained within completely , enclosed buildings except: a. Off-street parking, loading and unloading areas, storage tanks, silos, elevators and conveyors. b. Outdoor storage of materials and equipment, providing that such storage areas are visually screened. Screening shall bo a completely opaque fence, wall or other feature not exceed- lng a height of ten (10) feet measured Regular Session, June 4, 1984 and Recanvaned Session June 8, 1984 205 from the adjacent ground level. Shrub- bery and/or other plantings may be substituted for opaque fencing, if designed and planted to eventually screen the area from off-site visibility. In such cases, if initial plantings are of a six (6) foot height or greater, the requirements for other opaque screen- ings shall be omitted. c. Employee recreational facilities. (2) Off-street parking shall be pro- vided by either: I space per 2,000 sq. ft. of gross floor area for all enclosed buildings; or I space per each two (2) employ- ees employed on site on a maximum work shift, whichever is greater. Off-street parking may bo provided on site or within 300 feet of the use it (3) Signage shall be limited to one free standing or wall mounted sign per each 100 feet of lot frontage, not to exceed three signs per industrial use. Sign area shall exceed 10~ sq. ft. per sign. Direction signs shall not exceed six sq. ft. per sign. No maximum number of directional signs is established. F. Non-Conforming Uses Any uses or conditions that are con- sidered to be non-conforming on the effective date of this ordinance, that are not made conforming by this ordi- nance, shall maintain their non-con- forming status until such time that changes are made to alleviate the con- ditions causing the non-conformity. G. Transfer of Ownership Any transfer of ownership or lease ,f property in the Julien Dubuque Drive Planned Industrial District shall i,clude in the transfer or lease agree- mere, a provision that the purchaser or Ica~,e acknowledges awareness of the conditions authorizing the establish- ment of this specific PI Planned Indus- trial District. PASSED, ADOPTED AND APPROVED this 4th day of dune, 1984. James E. Brady MAYOR ATTEST: Mary A. Davi~ CITY CLERK Published in the Telegraph Herald newspaper this llth day of June, 1984. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Reur- skens. Carried by the following vote: Yeas--Council Members Banrskens, Deich, Hummel, Kluesner, Manning. Nays--Mayor Brady. Absent-Council Member Kron- feldt. Communication of City Manager submitting documents and providing for the construction of the interior fen- cing for the Park and Recreation Com- plex, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Deich· Carried by the follow- lng vote: Yeas--Mayor Brady, Council Member Beurskens, Deich, Hummel, Kluesner, Manning. Nays--None· Absent--Council Member Kron- feldt. {Necessity for Improvement) RESOLUTION NO. 159-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice uf the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Backstop, Dugout, and Interior Fenc- lng. BE IT THEREFORE RESOLVED that the City Council deems it ad- vieable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shah be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk· That the cost and expense of making such improvement will be paid Regular Session, June 4, 1984 and Reconvened Session Ju_~ne $, 1984 from through the CIP levy, private funds and a grant from the Iowa Con- servation Commission and the U,S. Department of the Interior. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk tins 4th day of June, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resointion. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, KIuesner, Manning. Nays--None. Absent--Council Member Kron- feldt. (Preliminary Approval of Plans Etc.) RESOLUTION NO. 160-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, form of contract for the CHAPLAIN SCHMITT MEMORIAL ISLAND PARK AND RECREATION COM- PLEX, BACKSTOP, DUGOUT AND INTERIOR FENCING, with the e~timated amount of the improvement to be $79,061.62 and completion by 8-17-84, be hereby approved and ordered filed in the office of the City Clerk for public inspection, and are to be considered a part of tMs Resolution. Passed, adopted and approved tins 4th day of June, 1984. 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 following vote: Yeas--Mayor Brady, Council Mem- bets Bourskens, Deich, Hamme] Kluesner, Manning. Nays--None. Absent--Council Member Kron- fei&. (Fixing Date of Hearing and Authorizing Advertisement For Proposals) RESOLUTION NO. 161-84 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- rice of the City Clerk for public inspec- tion for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Backstop, Dugout, and In- terior Fencing, and WHEREAS, the proposed Resniu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 2nd day of July, 1984, a public hearing will be held at 7:30 p.m. in the City Council Chambers at wMch 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 hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, wMch notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived ail objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the Resular Session, June 4, 1984 and Reconvened Session June 8, 1984 receipt of said proposals at 10:00 a.m. the 26th day of June, 1984. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a m~ting to be held in the City Council Chambers at 7:30 p,m. on the 2nd day of July, 1984. Passed, adopted and approved this 4th day of June, 1984. 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 following vote: Yees--Mayor~Brady, Council Mem- bars Bourekens, Deich, Hammel E]uesner, Manning. Nays--None. Absent--Council Member Kron- feldt. Petition of Attorney Leo A. McCar- thy requesting City Council to amend Ordinance No. 38-81 to show the tax exemption owner-appilcant to be Frummelt Partnership, an Iowa general partnership, rather than Frommelt Industries, Inc., presented and reed. Council Member Kluesner moved that the petition be received and filed, -Seconded by Council Member Beur. skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Bourskens, Deich, Hammdi, gluesner, Manning. Nays--None. Absent--Council Member Kren- feldt. An ORDINANCE Amending Or. dinance No. 39-81 of the City of Dubu- qua providing for prior approval of tox exemption for new construction, ch a ~4,,ing the applicant from Frommelt Industries, Inc. to Fremmelt Partne~ ship, presented and read. Council Member Kluesner moved that the reading just had be con- s~dered the first reedlng of the Or- dinanee. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, K]ueener, Manning, Nays--None. Absent--Council Member Kron- feldt. Council Member Klueener moved that the rule requiring an 0rd/nanca to he presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- ded by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klueenar, Manning. Nays--None. Absent--Council Member Kron- fei&. Council Member Klueener moved that a Public Hearing be held on the Ordinance on June 18, 1984 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Klueener, Manning. Nays--None. Absent--Council Member Kron- feldt. Communication of City Manager submitting Resolution authorizing and directing Mayor to execute a lease agreement with Robert's River Rides, Inc., presented and read. Council Member Beurshens moved that the communieetion be received and filed. Seconded by Council Member Manning. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Dalch, Hammal, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. Petition of Anneva Kieffer submit- ting Petition containing 90 signatures and requesting to address the Council on proposed Lease of Hawthorne 2O8 Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 Street Boat Ramp area to the "Mississippi Belle", presented and read. Mrs. Klaffer questioned the secrecy of the lease contents. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Mann- lng, Carried by the following vote: ycas--Mayoc Brady, Council Mem- bets Bourskens, Deich, Hummel, Klueener, Manning. Nays--None. Absent--Council Member Kron- feldt. Petition of Michael G. Maggie, representing Mississippi Walleye Club, requesting to address the Coun- cil regarding the parking problem at Hawthorne Street Parking Ramp, presented and read. Michael Maggie, of 2343 Gordon Dr. objected to tho Belle being parked there at ail. Randy Hohnecker, expressed con- cern with the safety factor of a large beat obstructing tho view etc. of the smaller boaters. Dale Kleinschmidt, Richard Kieffer and Lefty Findiey, all voiced objection to the presented plan of the "Belle" mooring. Council Member Beurskens moved to receive and file the petition. Second- ed by Council Member Manning. Car- fled by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kinesner, Manning. Nays--None. Absent--Council Member Krun- feldt. RESOLUTION NO. 163-83 Resolution Approving Lease with Robert's River Rides, Inc. WHEREAS, meetings have been held between representatives of the City Council, the Dock Commission, the City staff, and Robert's River Rides; and WHEREAS, it has been concluded that the appropriate mooring location for the Mississippi Belle in the sum- mer of 1984 is in the proximity of the beat ramp at the Hawthorne Street; and the term of the lcaee agreement is from May 21, 1984 through December 31, 1984; and WHEREAS, it has been agreed that , rental for 1984 will be $6,500 and WHEREAS, it has been agreed that of the $6,500 payable in 1984, $1,500 will be applied towards construction of a loading and passenger ramp, and the other $1,500 for a total cost of $3,000 will be paid by the City. NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF 'THE CITY OF DUBUQUE, IOWA, Section 1. That the Mayor be authorized and directed to execute the attached lease agreement effective May 21, ~1984 with Robert's River Rides, Inc. Passed, adopted and approved this 4th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution, as amend- ed. Seconded by Council Member Man- ning, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Hammel, Kiuesner, Manning. Nays--Council Members Bearskens, Deich. Abeent--Councll Member Kron- fcidt. RESOLUTION NO. 162-84 Resolution Directing Sale of $750,000 General Obligation Bonds WHEREAS, pursuant to notice as required by law, bids have been recciv- ed at public sale for the bonds describ' ed as follows and the best bid received is determined to be the following: $750,000 General Obligation Bonds: Regular Session, June 4, 1984 and Recanvaned Session June 8, 1984 Norweet Securities -- Bidder: Chlaa~go 0I Chicago, Illinois, the terms of said loid being: 1986 thru 1991 inclusive -- 8.75% 1992 -- 9.O0% 1993 -- 9.10% 1994 -- 9.20% NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid, Section 2. That the statement of in, bond bidders and the for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to ex- ecute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved~ Passed, and approved this 4th day of June, 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 Mere* bets Bourskens, Deich, Hummel, Kluesner, Manning. Nays--None. Absent--Council Member Keen* feldt. RESOLUTION NO. 164-84 Resolution Approving the Exercise of an Option by Kinuer Manufacturing Company to Lots 6 and 7 in Block 1, in "River Front Subdivision No. 5", in the City of Dubuque, Iowa, According to the Recorded Plats thereof. Subject to Easements of Record, Pursuant to an Option Agreement Between Klauer Manufacturing Company and the City of Dubuque, Iowa. WHEREAS, Klauer Manufacturing Company and the City of Dubuque mtered in an Option Agreement which was accepted by the City of Dubuque, Iowa on the 21st day of February and recorded in the Office of the Dubuque County Recorder on February 23, 1984 as Instrument No, 1135-84. WHEREAS, Kinuer Manufacturing Company has notified the City of Dubuque that it desires to exercise its option to: Lot 6 and 7 in Block 1, in "River Front Subdivision No, 5", in the City of Dubuque, Iowa, according to the recorded plats thereof. Subject to easements of record. NOW THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of in. retest of the City of Dubuque im Lots 6 and 7 in Block 1, in "River Front Subdivision No, §", in the City of Dubuque, Iowa, according to the recorded plats thereof, Subject to easements of record, to Klauer Manufacturing Company is hereby approved in accordance with the terms of the Option Agreement previously executed by the parties. Section 2. That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk be and she is directed and authorized to deliver Deed of Con- veyance, conveying the above deserib. ed real estate to the above named grantee upon receipt of the purchase price in full Passed, adopted and approved this 5th day of June, 1984. 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- 210 Regular Session, June 4, 1984 and Reconvoned Session June 8, 1984 bers Beurskens~ Dcich, Hammal, Kluesnar, Manning. Nays--None. Abssnt--Cunncil Member Kron- feldt. Communication of City Manager submitting Resolution authorizing Mayor to sign a Grant Closeunt Agre~ ment with Housing and Urban Development for the Urban Develop- ment Action Grant Project (A.Y. McDonald Mfg. Co.), presented and read. Council Member Kluesner moved that the communication be recsivsd and filed. Seconded by Council Member Beurskena. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- foldt. RESOLUTION NO. 165-84 A Resolution Authorizing and Direct- ing the Mayor to Execute a Grant Cioseout Agreement with the U.S. De- pertinent of Housing and Urban De- vsiopment for the A.Y. McDonald Manufacturing Company Urban De- velopment Action Grant Project. WHEREAS, under provisions of Ti- tle I of the Housing and Development Act of 1974, as amended, the City of Dubuque has received an Urban Development Action Grant identified as Grant No. B.82-AA-19-0013 from the Department of Housing and Urban Development to assist the A.Y. McDonald Manufacturing Company Relocation Project; and WHEREAS, the City of Dubuque and the A.Y. McDonald Manufactur- hug Company have undertaken and completed activities as contained in the project budget; and WHEREAS, the City of Dubuque now desires to enter final settlement and conclusion of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN-- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That t~ Grant Claasout Agreement authorizsd by the U.S. Department of Housing and Urban Development on April 2~ lq a ~opy of which is attached hereto and made a part hereof, is hereby aceep~a~ (Copy on file in Clerk's Office.) Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Grant Closeout Agreement on behalf of the City of Dubuque. Section 3. That the City Manager be and he is hereby authorized and directed ~o submit the executed Grant Closeout Agreement to the U.S. Department of Housing and Urban Developmen~ Passed, adopted and approved thla 5th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klananer moved adoption of the Resolution. Seconded by Council Member Bearshens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bets Banrskens, Daich, Hemmal, Kluasner, Manning. Nays--None. Absant--Canncil Member Krna- foldt. Communication of City Manager submitting Resolution requesting ap- proval of Architect/Engineer for Dog Racing Facility, presented and rea& Council Member Hammal moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the foilowing vats: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hummel, Kluesanr, Manning. Nays--None. Absent--Council Member Kron- feldt. RESOLUTION NO. 166-84 Architectursl~Enginecrlng Firm Selec- Regular Session, Jane 4, 1984 and Reconvened Session June 8, 1984 211 tlon for the Dubuque Dog Reclog Fadllty WHEREAS, Chaplain Schmitt Memorial Island has been selected as the site for the Dubuque Dog Racing Facility; and WHEREAS, application for a license for a Dog Racing Facility bas been made with the Iowa State Rasing Commission on June 1, 1984; and WHEREAS, voters of Dubuque on April 24, 1984 favorably approved the issuance of 6.5 million dollars of General Obligation Bonds for this facility; and WHEREAS, architectural/engineer- ing services will be required for the design of tbs facility; and WHEREAS, a selection commltteo comprised of three members of the Dubuque Racing Association LTD., and three members of the City staff have interviewed four architec- tural/englneerlng firms; and WHEREAS, the interview team has selected the Durrant Group and Shivs- Hattery of Dubuque, Iowa as the local design team, and Bird Fujimote & Fish, San Diego, California as the na- tionai design firm. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, Section 1. That the City Council con- curs in the selection of the Durrant Group and Shive-Hattery as the loc~ engineering firm, and Bird Fujimoto & Pish as the national design firm for the architectural/engineering worh associated with the on site develop- ment of the Dog Racing Facility. Section 2. That the City Manager and members of the Dubuque Racing Association LTD, and City staff be authorized to~ proceed with the development of a contract identifying the scope of the services and the related fees for providing architec- rural/engineering services for the design of the Dubuque Dog Racing Facility. Passed, approved and adopted this 5th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hummel, Klnasner, Manning. Nays--None. Absent--Council Member Kron- foldt. Communication of City Manager submitting Resolution authorizing and directing Mayor to execute a Pro- ject Agreement with the Iowa DOT, presented and read. Council Member Kluesner moved that the communication he received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskean, Dcich, Hummel, Klansner, Manning. Nays--None. Absent--Council Member Kron- feldt. RESOLUTION NO. 167-84 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, that the Mayor is hereby authorized and directed to execute three copies of project agreement number F-61-8 (22)--20-31. This agree- ment provides for the Iowa Depart- merit of Transportation to acquire and pay for rights of way for connection of City streets and alleys or rights of way required for frontage roads as required for the relocation and reconstruction of U.S. 61 from Sixth Street nor- theacterly to the City Island Bridge which lies within the City. Passed. adopted and approved this 5th day of June, 1984. James E. Brady Mayor Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 213 212 ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. Communication of City Manager recommending approval of Sup- plemental Agreement with Brice, Petrides & Associates, Inc., presented and read. Co(mcil member Beurskens moved that the commurdcation be received and filed. Seconded by Council Member HammeL Carried by the following vote: Yeas--Mayor Brady, Couanll Mem- hers Beurskens, Deich, Hammel Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. RESOLUTION NO. 168-84 Supplemental Agreement For Profes- sional Services Affiliated with the Cedar Cross Extension Corridor Loca* tlon Study with Brice, Petrides & Associates, Inc., Waterloo, Iowa WHEREAS, the City Council adopt a resolution number 18-83 on February 8, 1983 for a contract for professional services associated with the Cedar Cross Extension Corridor Location Study with Brice, Petrides & Associates, Inc.; and WHEREAS, one of the conditions of this contract was the services outlined in the .contract would be completed in a thirteen month period which would mean that the work would be com- pleted by June 7, 1984; and WHEREAS, a change in the con- tract was made on February 6, 1984 under Resolution adopted by the City Council which extended the scope of Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 t~l contract in order to allow a tural Resource Survey Study to be conducted on the alignment; and WHEREAS, engineering work on the alignment has been essentially completed and Phase I of the Cultural Resources Study was submitted to the State Historical Preservation Officer on May 14, 1984; and WHEREAS, there were significant sites identified in the Phase I of the Cultural Resources Study which may entail additional work under a Phase II study; and WHEREAS, the decision as to the of work that will be required ' the Phase II study will be at the discretion of the State Historical Preservation Officer; and WHEREAS, it should be noted that both the Environmental Assessment and the Preliminary Design of Alter- hate C-1 cannot be completed until the results of Phase II of the Cultural Resources Study are known; and WHEREAS, it has now been estimated that an additional eleven months may be required in order to complete the Environmental Assess- ment for the Cedar Cross alignment. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL of the City of Dubuque, Iowa: Section 1. That the City Council ap- prove the granting of an extension of eleven (11) months on the contract with Brite, petrides & Associates, Inc. on the contract dated February 8~ 1983 for professional services associated with the Cedar Cross Extension alignment study. Section 2. That the City Manager be authorized to execute a supplemental agreement with Brice, Petrides & Associates, Inc., Waterloo, Iowa for this additional extension of eleven Passed, adopted and approved this 5th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hanunel. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammol, Kluesner, Manning. Nays--Mayor Brady. Absent--Council Member Kron- fei&. Communication of City Manager recommending acceptance of the Con- tract for the installation of the Peru Road Water Main, presented and read. Council Member Deich moved that the communication be received and fli- ed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. (Accepting Improvement) RESOLUTION NO. 169-84 WHEREAS, the contract for the Peru Road Watermain has been com- pleted and the City Manager has ex- amined the work and filed his ce~ tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the Water Depreciation Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 5th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. (Final Estimate) RESOLUTION NO. 1704~4 WHEREAS, the contract for the Peru Road Watermain has been com- pleted and the City Engineer has sub- mltted his final estimate showing the cost thereof including 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 $58,160.60 and that said amount shall be paid from the Water Depreciation Fund of the City of Dubuque, Iow~ Passed, adopted and approved this 5th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adap- tion of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. Communication of City Manager 214 Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 recommending authorization to certify to the Dubuque County Auditor a list of delinquent Refuse Collection Ac- counts, presented and read. Council Member YAuesnar 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, Dalch, Hammel, Kluesnar, Manning. Nays--None. Absent--Council Member Kron- fsidt. RESOLUTION NO. 171~4 Resolution Authorizing the City Manager to Collect Delinquent Refuse Collection Accounts in Accordance with Section 17-$7~d) of the Code of Or- dinances of the City of Dubuque, Iowa. WHEREAS, City refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa, is mandatory; and WHEREAS, at least annually, the City Manager is required to prepare a list of persons who are delinquent in the payment of required charges; and WHEREAS delinquent refuse col- lection charges shall be certified by the City Clerk to the Dubuque County ,r for collection w~th, and in the same manner as, general property taxes; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons named hereinunder, owning the property thereby set forth, are delinquent in the 'refuse collection charges in ~he amount set aside of the name. Namd and Address James E. & Judith E. Ostert (Contract) Robert L. & Jean Ostert (Owner) 125 Nicolet Street Vernon F. & Dorothy Thomas IContract) Mary Thomas (Owner) 731 Louise Street Mary O. Coreil IOwner) 1460 Miller Road ,et 1, Sub 85 Linehan Park Add. 85A Linehan Park Add. (6-4-4-48) Lot 24 Maple Leaf Add. No. 2 Lot 26 Maple Leaf Add. No. 2 Lot 1-1-1.2-1-1-1-1-1-1-1 Mineral Lot 499 ~onnt $57.75 $57.75 $57.75 Nicholas & Marie Merfeld 575 Cedar Cross Rd (Owner) Lot 2-1.1-1-2-3Mineral Lot 219 Lot2-2-1-2-1-1-2Mineral Lot220 $57.75 Kenneth O. & Ruth Ann Haugen (Owner) 3850 Inwood Street Section 2. That the City Clerk be and she is hereby ordered and directed to certify to the County AudlWr of Dubu- que County, Iowa, that the persons named hereinbefore are delinquent in the payment of refuse collection & 506-North $59.04 Dubuque charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of pro- perry set opposite the names of the Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 215 Passed, adopted and approved thh 5th day of June, 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- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Manning. Nays--None. Absent--Council Member Kron- fsidt. Communication of City Manager recommending certification to County Auditor for collection of delinquent Sewer Accounts, 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 Beursknns, Dsich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt, RESOLUTION NO. 172-84 Resolution Authorizing Collection of Name and Address Mary G. Corell (Owner) 1460 Miller Road Section 2. That the City Clerk be and is hereby ordered and directed to ce~ tify to the County Auditor of Dubuque County, Iowa, that the person named herein is delinquent in the payment of sewer charges in the amount set aside of the name, and that said delinquent sewer 'charges shall be collected in the against the respective parcels of pry- Delinquent Sewer Accounts in Accor- 'dance with Sections 36-55 and 36-59 of the Code of Ordinances of the City of Dubuque, Iowa. WHEREAS, Section 36-55 of the Code of Ordinances authorizes the Ci- ty to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings ~i~gt are connected directly or indirectly with the sanitary sewer system; and WHEREAS, Section 36-59 of the Code of Ordinances provides that the City shall have a lien upon the real pro- perty served by the sanitary system for all delinquent rates and charges; and WHEREAS, delinquent sewer charges shall be certified by the City Clerk to the Dubuque County Auditor for collection with, and in the same manner as, general property taxes; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the person named hereinafter, owning the following described property, has unpaid charges in the amount set ou~ and that said charges are delinquent. Pro ect Dsecri tion Lot 1-1-1-2-1-1-1-1-1-1-1 Mineral Lot 499 (6-13-1-18) Amount $140.03 perry set opposite the name of the pro- petty owner. Section 3. That the delinquent sewer charges be and the same shall be col- /ected with, and in the same manner as, general property taxes as provided b~ taw. Passed, adopted and approved this 6th day of June, 1984. 216 Regulor Session, June 4, 1984 and Reconvened Session June 8, 1984 James E. Brady Mayor A~I~E ST: Mary A. Davis City Clerk Council Member Beurskans moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammai, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. Proof o! publication, certified to by the Publisher, on Notice to Contrac- tors on receipt of proposals for con- struction of John F. Kennedy Rd. from Pennsylvania Ave. to University Ave.; Communication of City Manager sub- mitting Resolution providing for con- tract for above; Resolution Awarding Contract for above to Flynn Co., Inc., in the amount of $1,005,891.52, above ali tabled at the Council Meeting of May 20, 1984, presented and read. Council Member Kluesner moved that the proof of publication, the com- mudication and the Resolution be tabl- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Bearskens, Deich, Kluesner, Man- ning. Nays--Council Member HammeL Absent-Council Member Kronfeldt. Communication of Corporation Counsel Blum subrnitting two Or- dinances prohibiting/regulating dangerous and vicious animals and r~- questing Council to choose and adopt one of the proposed Ordinances~ presented and read. Phil Smoker stated it would be a mistake to adopt either Ordinance as presented. Mr. Kennedy, from Kennedy's Aquarium, requested Council table the matter until time to review the submit- ted Ordinance adopted in St. Louis. Council Member Deich moved that the communication be tabled until the next meeting. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Daich, Hammai, Klueener, Manning. Nays--None. Absent--Council Member Kron- feldt. An ORDINANCE Providing for defining dangers and vicious animals and the keeping, seizure, impound- ment and disposition of such animals; ~n ORDINANCE providing for defin- ing dangerous and vicious animals and the keeping, seizures, impoundment and disposition of such animals, presented and read. Council Member Deich moved that these Ordinances be tabled until the next Council Meeting. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. RESOLUTION NO. 175-84 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, bo granted a permit to sell Cigarettes and Cigarette Papers within said City. Angel Investment 2699 Rockdnie Rd. The Monday Co. 4003 Peru Road George K. Arvanitis 1958 Central Ave. Astraid, Ltd. 1007 Main St. Bishop Buffets, Inc. Kennedy Mall Joseph F. Bleile 2600 Central Ave. Canfield Hotel, Inc. 36 W. 4th St. Cremer Grocery Co. 731 Rbomberg Ave. Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 CRESLANi~ Bowling, Ins. 255 S. L/oyd M~ ~ Ave. ~L F~, Inc. 701 E. 16th St. ~ L. ~h~d 21~ ~ Ave. Jmu W. ~6 Jain St. ~ ~ ~mp~y 7~ To~ ~k ~ ~ ~mpny ~ ~et St. ~ ~ ~mpany ~ J. F. Ken~ Rd. ~ ~g Compa~ ~ COn~ ~ve. h~ ~ea, Inc. ~s of Iowa Ltd. ~e St. KC&S 4th nd ~st St. ~ Fenelon ~ner F~s, Reatan- mt h~ 31~ Ja~nn St, Je~ L. James 1~ ~kd~e Rd. Ju~e's ~ge, Ltd. ~ K~r Blvd. ~fly ~ta~t's Inc. ~1~ Gen~ Ave. ~11 Winder Ave. bver~ ~H~ ~ ~u~ Ave, ~v~ ~unt ~g Cent~ W~n Plm bv~ ~t ~g Cent~ No. ~16 ~ Asb~ St. m~d J. 115 West llth St. ~ton 574 her 1~ St. ~rd~ ht~fl~s, Inc. 1~ ~m St. h~d Ungs ~ Ja~n W~ 7~ Rhom~g Ave. ~ M. ~on O~ ~ky ~14 1~ U~ve~ty Ave. 217 Earl and Thomas Schumecber 250 West let St. Earl Schumecher Sky Doky #5 2204 Central Ave. Hoffman House W-I Canteen Service 3100 Dodge St. Eska Co. W-I Canteen Service 2400 Kerper Bird. W. S. Sheppley W-I Canteen Service 1 Dubuque Plaza Dubuque Municipal Airport W-I Canteen Service RR #3 Passed, adopted and approved this 4th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Daich, Hammel, Kluesner, Manning. Nays--None. Abeent--Counail Member Kron- feldt. RESOLUTION NO. 174-84 WHEREAS, Applications for Beer Permits have been submitted and fried to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be sc- 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- plleante a Beer Permit. 218 CLASS "B" BEER PERMIT Nitee of the Square Table, Inc. ~ Dodge St. CLASS "C" BEER PERMIT Earl E. and E. Thomas Schumacher 250 W. 1st St. (Also Sunday Saleel Passed, adopted and approved this 4th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskous moved adoption of the Resolution. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Bourskens, Delch, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. RESOLUTION NO. 175-84 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 ail City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" {COMMERCIAL) BEER AND LIQUOR LICENSE American Legion Post #6 1306 Delhi St. Creaianee Bowling, Inc. 255 S. Main St. (Also Sunday Sales) Lloyd Dais{rig 3750 Central Ave. (Also Sunday Sales) Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 Riverside Bowl, Inc. 1860 Hawthorne St. {Also Sunday Sales) gl{Itoh E. Schwartz 574 E. 16th St. {Also Sunday Sales) Passed, adopted and approved this 4th day of June, 1984. James E. Brady Mayor kTTEST: Mary A. Davis City Clerk Council Member Banrskous moved ~doption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Da{ch, Hammai, Kluesner, Manning. Nays--None. Absent_Council Member Kron- fei&. Petition of Terry J. Boleyn re- questing transfer of Class "B' Beer Permit from Veterans Memorial Park to McAleeee Field on June 9 and 10, 1984, presented and read. Council Member Beurskens moved that the transfer be approved. Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klueaner, Manning. Nays--None. Absent--Council Member Kron- fcidt. MINUTES SUBMITTED: Airport Comm. of 5-14 & 5-17; Civil Service Comm. of 4-4; Conununity Develop- ment Comm. of 5-8; Housing Corem. of 5-15; Human Rights Comm. of 5-14; P & Z Comm. of 5~2; Cable TV Regulatory Comm. of 4-11; Transit Trustee Bd. of 5-10 and Earnings Statement and Statistics for month of April, 1984; Zoning Bd. of Adjustment of 4-19, presented and read. Council Member Hammel moved that the minutes be received and filed. Seconded by Council Member Mann- ing. Carried by the foIlowing vote: yean--Mayor Brady, Council Mem- Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 219 hers Beurskens, Deich, Hamme], Klueener, Manning. Nays--None. Abeent--Council Member Kron- feldt. CLAIMS AND SUITS: Rick Bradley in unknown amt. for actions by City Police Officers on March 24; Thomas W. Glover in unknown amt. for Police harassment on March 23; Betty Krieg in amt. of $16 for personal injuries; John Meyer in unknown amt. for car damages, presented and read. Council Member Hanunel moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beursknns, Da{ch, Hammai, Klueenor, Manning. Nays--None. Abeent--Council Member Kron- feldt. Communications of Corporation Counsel Lindahi recommending denial of property damage claim of Susan Haas; Personal Injury claim of Dorothy Haigh; Personal injury claim of John L. McCann, Sr.; Property damage claim of R. H. Wahiert; Per- sonal injury claim of Betty Krieg, presented and read. Council Member Hammel moved to approve the denials. Seconded by Council Member Manning. Carried by the following vote: Ycas--Mayor Brady, Council Mem- bers Bourskens, De{ch, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. Communication of City Manager submitting reports of Finance Direc- tor and City Treasurer for the month of April, 1984, presented and read. Council Member Hammel moved that the communication and reports be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Da{ch, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- fcidt. Communication of Leo M. Ungs, Dubuque County Institutional Ac- counts, requesting suspension of Real Estate Taxes for two residents, presented and read. Council Member Hammel moved that the communication be received and filed and suspensions approved. Seconded by Council Member Mann- lng. Carried by the following vote: Yecs--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammel, Klueener, Manning. Nays--None. Absent--Council Member Kron- feldt. Communication of Housing and Ur- ban Development extending apprecin- tion for courtesies shown by City Staff while conducting a Section 8 Existing Management Review on April 30 and May 1, 1984, presented and read. Council Member Hammci moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, De{ch, Hammel, Kluesner, Manning. Nays--None. Abeent--Council Member Kron- feldt. Council Member Hammel moved to recess this Meeting to June 8, 1984 at 5:00 p.m. Seconded by Council Member Manning. Carried by the f~liowing vote: Yeas--Mayor Brady, Council Mem- hers Bourskens, De{ch, Hammel, Klueener, Manning. Nays--None. Absent--Council Member Kron- fcidt. RECESSED SESSION, JUNE 8, 1984. COUNCIL RECONVENED AT 5:11 P.M. ' 22O Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 PRESENT: Mayor Brady, Council Members Beurskans, Dsich, Hammel, Kluesnsr, Kronfeldt, Manning, Assis- tant City Manager Gent Wittenberg, Corporation Counsels William G. Bhim and Barry A, Lin&M. Corporation Counsel Bhm address- ed the Council and advised of proper procedure to be taken regarding this reconvened session. After Council discussion Council Member Kluesner withdrew his mo- tion on the record to final adopt "Resolution No. 118-84 Final adoption of Resolution of Necessity for 1984 Asphalt Paving Project; Resolution No. 156-84 Resolution with Respect to the Adoption of the Resolution of Necessity Proposed for the 1984 Asphalt Paving Project. Resolution No. 157-84 Decision of Council to over- nde objections to plans etc.; Resolu- tion No. 158-84 Ordering Construction for said project and directing adver- tisement for bids". Mr. Beurskens withdrew his second to the motions for same resolutions. Council Member Beurekans, being on the majority side of voting, and Council Member Hammsi, being on the prevailing side of voting, moved to reconsider action taken on the Resoin- tion of Necessity on the 1984 Asphalt Paving Project. Seconded by Council Members Khiesner, on majority side, and Kronfeldt, on prevailing side. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskans, Deich, Hammal Khicener, Kronfeldt, Manning. Nays--None. Council Member Banrskens move~ tc accept the entire Street Program as presented. Seconded by Council Member Hammsi. Vote on the motion was as follows: Yeas--Council Members Beurskens, Hammel, Khiesner, Kronfsidt, Mann- lug. Nays--Mayor Brady, Council Member Deich. MOTION FAILED DUE TO LACK OF 3/4 VOTE NEEDED. Council Member Beurskens moved to accept all of the Street Program ex- cept Lincoln Ave. Seconded by Council Member Dsich. Carried by the foilow- hag vote: Yeas--Council Members Beurskans, Deich, Hammel, Klueaner, Kronfsidt, Manning. Nays--Mayor Brady. Necessity for Improvement RESOLUTION NO. 113-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- qns and are now on ~e in the office Of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and )relimlnary plat and schedule showing ~he amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the 1984 Asphalt Pavtn~ 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 uulces property owners at the time of the final con- sideration of this proposed resolution have on fils with the City Clerk objce- tlons 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 shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making 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 berne by the City will be paid from the Road Use Tax Fund, the Revenue Sharing Fund, and the Parking Depreciation Fund, and special assess- ment bonds may be issued in anticipa- tion of deferred payments of assessments when a contract has been performed and accepted, and the pro- ceeds thereof used to pay the contxac- tor. The above resolution was introduc- ed, approved and ordered placed on ille with the City Clerk this 7th day of Regular Session, June 4, 1964 and Reconvened Session June 8, 1984 May, 1984. Approved and placed on file for final actJo~ James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 221 Record of Final Adoption The foregoing resolution was finally passed and adopted, as amended by the City Council this 8th day of June, 1984. James E. Brady Mayor A'i'r~ST: Mary A. Davis City Clerk Council Member Beurakans moved adoption of the Resolution, as amend- ed. Seconded by Council Member Man- nlng. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hsmmel, Klucener, Kronfeldt, Manning. Nays--Mayor Brady. RESOLUTION NO. 156-84 Resolution with Respect to the Adop- tion of the Resolution of Neccesity Proposed for the 1984 Asphalt Paving WHEREAS, this Council has pro. posed a Resolution of Necessity for the 1984 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 eansidera- 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 COUNCIL OF THE CITY OF DUBUQUE, IOWA~ that the proposed Resolution of Necessity described above is hereby adopted as amended by the schedule of Amendments attached hereto as Ex- hibit A, and made a part hereof by reference. All objections filed or made having been duly considered are over- ruled. Passed, adopted and approved this 8th day of June, 1984. James E. Brady Mayor A'I*rEST: Mary A. Davis City Clerk li~hlbit "A" The following portions of the following named streets are hereby deleted from the 1984 Asphalt Paving Project: 1. Lincoln Avenue from Windsor Avenue to Hanfilton Street. Council Member Bearskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Banrskens, Dsich, Hanunel, Klucener, Kronfeldt, Manning. Nays--Mayor Brady. Deelsion of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 157-84 WHEREAS, proposed plans and specifications and form of contract for the 1984 Asphalt Paving Project have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertRin|ng to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of June, 1984; and WHEREAS, the City Council met in regular session this 4th day of June, 1984, at 7:30 p.m. at the Five Flags Civic Center for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifics- tions'or contract for or cost of the ira- provement herein described and pro- posed to.be made; and 222 Regular Session, June 4, 1984 and Recanvened Session June 8, 1984 WHEREAS, aH interested parties have been given an opportunity to be heard and aH objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that aH objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are herel~y adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon aH objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 8th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resointion. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Beurskens, Delch, Haramel, Kluesner, Kronfeldt Manning. Nays--Mayor Brady. (Ordering Construction) RESOLUTION NO. 158-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 113-84 which was duly passed by this Council for the 1984 Asphalt Paving Project be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the peti- tion of property owners. AH the work shah be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of mal~ng said improvement will be assessed par~ tiaHy or totally against privately own- ed property lying within the assess- ment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits con- furred. The portion of the cost which shah be borne by the City will be paid from the Road Use Tax Fund, the Revenue Sharing Fund, and the Park- ing Depreciation Fund, and special assessment bonds may be issued in an- ticipation of deferred payments of assessments when a contract has been performed and accepted and the pro- :eeds thereof used to pay the contrac- tor. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided,, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 21st day of June, 1984. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meet- ing to be held at the City Council Chambers at 7:30 p.m. on the 2nd day of July, 1984. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shah be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 8th day of June, 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 foHowing vote: Yeas--Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Regular Session, June 4, 1984 and Reconvened Session June 8, 1984 Nays--Mayor Brady. Council Member Hammel moved to remove the Kennedy Road Project from the table. Seconded by Council Member Kronfeldt. Vote on the motion was as follows: Yeas--Council Members Hanunel, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Beurskens, Deich, Kinesner, Man- rdng. MOTION FAILED. There being no further business Council Member Kronfeldt moved to adjourn. Seconded by Council Member Hammel. Carried by the fuHowing vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved _1984 Adopted _1984 Mayor Council Members ATTEST: City Clerk 223 224 Spesial Session June 1~, 19~4 CITY COUNCIL OFFICIAL Special Session, June 18, 1984. Council Met at 7:30 o'clock p.m., in the Public Library Auditerinm, Present--Mayor Brady, Council Members Beurskens, Delch, Hammel, Kluesner, Kronteldt, Manning, Assis- tant City Manager Gent Wittenberg, Corporation Counsel Wfll~am 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 called for the purpose to conduct a Public Hearing on the Resolution of Necessl- ty for construction of the Walker- Oneida Sanitary Sewer and acting upon such other busnese which may properly come before the Council. Invocation was given by Rev. Dur- wood Buchbeim, Teacher uf Theology, Wartburg Theological Seminary. Council Member Kluesner moved to suspend the rules to let anyone pr~- sent address the Council ff they so desire. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider project for which Federal operating and planning assistance under Section 9 of UMTA is being sought to help offset the Fiscal Year 1985 operating expenses and cover a portion of the structural analysis study, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be recelv- ed and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the publisher, on Notice of Public Hearing on Pendency of Resolution of Necessity for public improvement on proposed plans and specs, etc. for con- structlon of Walker-Oneida Sanitary Sewer, Proof of publication, certified to by the Publisher, of Notice to prc- perry owners advising of Public Hear. lng to be held on above project and Certificate of City Clerk certifying notices were sent to known property owners advising of Public Hearing for above, presented and read. There were no written objections received. Scott Potter, 842 Walker and Arnold Arensdort, 839 Walker, voiced objec- tion. Dan Nichols, 889 Walker, suggested that water and sewer projects be done in a timely fashion. Council Member-Beurskens moved that action on the above be tabled un- til June 25. Seconded by Council dember Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kinecner, Kronfeldt, Mannio~. Nays--None. Resolution No. 134-84 Final Adop- tion and approval of Resolution of Necessity for construction of Walker- Oneida Sanlt~ry Sewer; A Resolution Decision of Council upon objections to plans, specs., etc. for oonstcactinn of above; and Resolution Ordering con- structlon for above and directing advertisement for bids, presented and read. CouncA1 Member Hammel moved to table the Resolutions until June 25, 1984. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing changing the name of From- melt Industries, Inc. to Frommelt Partnership for tox exemption pur- poses for new construction of property Special Session, June 18, 1984 225 at 4343 Chavenelle Road, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Kluesnar moved that the proof of publication be receiv- ed and flied. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 18-84 AN ORDINANCE AMENDING OR- DINANCE NO. 39-81 PROVIDING FOR PRIOR APPROVAL OF TAX EXEMPTION FOR NEW CON- STRUCTION, CHANGING THE AP- PLICANT FROM FROMMELT IN- DUSTRIES, INC. TO FROMMELT PARTNERSHIP, SAID OR- DINANCE HAVING BEEN presented and read at the Council Meeting of June 4, 1984, presented for final adoption. ORDINANCE NO. 18-84 (OFFICIAL PUBLICATION) ORDINANCE NO. 18-84 AMENDMENT TO ORDINANCE NO. 39-81 OF THE CITY OF DUBUQUE PROVIDING FOR PRIOR APPROVAL OF TAX EXEMPTION FOR NEW CONSTRUCTION, CHANGING THE APPLICANT FROM FROM- MELT INDUSTRIES, INC., TO FROMMELT PARTNERSHIP WHEREAS, the City Council of the City of Dubuque passed, approved and adopted Ordinance No. 39-81 on July 20, 1981 granting the Applicant therein, Frommelt Industries, Inc. to secure prior approval of tax exemption in relation to the construction of new manufacturing facilities on Lot 1 of Dubuque Industrial Center, First Addition to the City of Dubuque, Iowa; WHEREAS, subsequent to the adoption of Ordinance 39-81, the owner of the construction project was changed prior to construction from Frommelt Industries, Inc., an Iowa corporation to Frommelt Partnership, an Iowa general partnership, consisting of the following general partners: Robert J. Frommelt, Paul J. From- melt, David J. Frommelt, Nicholas L. Frommelt and John A. Frommelt; and Frommelt Partnership purchased the following described real estate, to-wit: Lots I and 2 of the "FINAL PLAT OF THE SUBDIVISION OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER FIRST ADDITION", in the City of Dubuque, Iowa, accord- lng to the Plat recorded as Instru- ment No. 1740-83, records of Dubuque County, Iowa. Subject to highway and easements of record. WHEREAS, Frommelt Partnership proceeded to construct and finance the manufacturing ~acilities on the above described real estate, with physical ~ossession and occupancy of the new manufacturing facility on May 14, 1984; WHEREAS, further, Frommelt Industries, Inc. is not the record owner of the property in question and the tax exemption for new construction should accrue to Frommelt Partnership, the actual owner; and WHEREAS, before Frommelt Part- nership proceeds to process the tax exemption for the newly completed construction with the tax assessor, it wishes to have Ordinance 39-81 ~nended to show the applicant and owner of the new construction to be Frommelt Partnership, an Iowa gen- oral partnership; this application is filed pursuant to and in accordance with Ordinance No. 70-79, also known as Section 35-12, Code of Ordinances of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Ordinance 39-81 is amended to show the applicant and owner of the new construction on: Lots 1 and 2 of the "FINAL PLAT OF THE SUBDIVISION OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER FIRST ADDITION", in the City of Dubuque, Iowa, accord- ing to the Plat recorded as Instru- ment No. 1740-83, records of Dubuque County, Iowa. Subject to highway and easements of record. to be Frommelt Partnership, an Iowa general partnership, deleting the applicant and owner name of From- melt Industries, Inc., an Iowa corpora- tion, and Frommelt Partnership is hereby secured the tax exemption in relation to the new manufacturing facilities constructed on said real estate for the erection and construction of the new manufacturing facilities theron Special Session, June 18,1984 and new machinery and equipment to be situated therein. Section 2. That this amended ordi- nance grants the owner-applicant Frommelt partnership the same legal sights it granted Frommelt Industries, Inc. in Ordinance 39-81 that was passed, approved and adopted on July 20, 1981, Section 3. That the City Council has examined said tax exemption applica- tion and the data provided for this amendment and being fully advised in the premises finds that said amend- ment to the tax exemption ordinance should be approved. PASSED, APPROVED AND ADOPTED this 18th day of June, 1984. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of June, 1984. Mary A. Davis It 6/22 City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel Kluesner~ Kronfeldt, Manning. Nays--None. Communication of City Manager regarding approval of the loan of $35,000 of Community Development Block Grant Funds to the Dubuque Historic Improvement Company for the Redstone Project, presented and read. Jeffrey Mozena, 1207 Grove Ter- race, requested approval of the loan. Council Member Kluesner moved that the communication 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. RESOLUTION NO. 1784/4 A Resolution Approving the Loan of $35,000 of Community Development Block Grant Funds to the Dubuque ~latocie Improvement Company for ;he Redstone Relmbifithtion PcaJect WHEREAS, the City of Dubuque, [own has made application th the U.S. Department of Housing and Urban Development for an Urban Dsvelop- meat Action Grant to provide finan- cial assistance to the Dubuque Historic Improvement Company for its undertoking of restoration and reuse of the "Redstone" property in Dubuque, Iowa for a sixtoen-room Vic- toriau guesthouec; and, WHEREAS, the City of Dubuque, Iowa, desires to assist the Dubuque /istoric Improvement Company, Inc. in the restoration of the Redstone pro- party and the enhancement of its economic viability for the purpose of creating permanent employment op- )ortunity to its citizens, to stabilize and improve the City's tax base, and to prevent the continued deterioration of n National Register property; and~ WHEREAS, a Community Dsveinp- ment Block Grant Loan Agreement, Security Agreement, Real Estate Mortgages and Promissory Note are to be executed by the Dubuque Historic Improvement Company, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby approves the loan of $35,000 of Community Development Block Grant ~nds to Dubuque Historic Improve- meat Company for the Bedstone rehabilitation projecg subject to the award of an Urban Development Ac- tion Grant to the City for the project and subject to the terms similar to those to be established for the loan of Action Grant funds to the project. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed upon the award of the Urban Development Ac- tion Grant to endorse the necessary documents for the loan of Community Development Block Grant funds in the amount of Thirty-Five Thousand Dollars ($35,000) to the Dubuque His- toric Improvement Company. Section 3. That the City Manager, upon the execution of the necessary Special Session, June 18, 1984 loan document by tha Mayor and City Clerk be and ha is hereby authorized ired directed to disperse funds aceor. ding to the Loan A~reement from the Community Development Blovk Grant Entitlement Funa~ Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution, Seconded by Council Member Reonfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrsknas, Deich, Hammel IQuesner, Kronfeldt, Manning. Nays--Nona. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for public improvements and Public Hearing upon propoecd plans, specs, etc. for construction of Chaplain Schmitt Memorial Island Park and Recreation Complex, construction of Infields and Warning Tracks, pre~ented and read. Council Member Hammd moved that the proof of publication be recaiv- ed and filed. Seconded by Council Member Manning. Carried by the /ollowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel K]uesner, Kronfeldt, Manning. Nays--None. {Necessity for Improvement) RE~OLUTION NO. 138-84 WHEREAS, proposed plans haw been duly prepared and approved b the City Council of the City of DUbu* qua, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- meat, and an estimate of the cost for the Chaplain Schmitt Memoriallsland Park and Recreation Complex - Con- struct/on of Infields and Warning Tracks. BE IT THEREFORE RESOLVED 227 that the City Council deems it advisa- ble and necessary for the public welfare to make the herein mentioned improvements, and unless interested persons at the time of the final con- sideration of this proposed resolution have fried objections with the City Clerk to the proposed plans, specifica- tions, contract or est/mated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cfi and am now on file with the City Clerk. That the cost and expense of nyking said improvemsnt will be paid from a capital improvement levy and private donations. The above resolution was introduc- ed, approved and ordered placed on ~e with the City Clerk this 21st day of May, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Record of Final Adoption The forgoing resolution was finally passed and adopted, as proposed by the City Council this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Resolution. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bsurskens, Delch, Hammel, Kluesnar, Kronfeldt, Mann/ng. Nays--None. Decision of Council Upon Ob~leetions to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 176-84 WHEREAS, proposed plans and 228 Special sessio~ Juue 15,15~ specifications and form of contract for the Chaplain Schmitt Memorial Island Park and Recreation Complex - Con- struction of Infields and Warning Tracks have been approved by the Ci- ty Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertainin~ to public con- tracts and hands, and the time and placed fixed for the bearing of all jeetions to said plans, specifications or contract for or cost of such im- provements, said time being this 18th day of June, 1984; and WHEREAS, the City Council met in special session this 18th day of June, 1984, at 7:30 p.m. at the Public Library Auditorium for the purpose of bearing all interested parties and con- sldering any and ail objections wMch beve been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution contained the deei- sion of this City Council upon ail objec- tions which have been ~ed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. IOrdaring Construction} RESOLUTION NO. 177-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 138-84 which was duly passed by this Council for the Chaplain Schmitt Memorial Island Park and Recreation Complex- Construction of Infields and Warning Tracks be and the same are hereby ordered and constructed by this Coun- ril upon its own motion and with or without the petition of property owners. All work shall be constructed in accordance with tho plans and speeiflcotians heretofore adopted and now on file in tho office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said im- provement ha paid from a capital im- provement levy and private donations. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity ~hail be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammai moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors of the receipt of proposals for the Special Session, June 18, 1984 229 construction of Chaplain Schmltt Memorial Island Park and Recreation Complex, construction of Infields and Warning Tracks AND Communication of City Manager recommending to award contract to McDermott Ex- cavating, 14.5% under the Engineer's estimated, presented and read. Council Member Hammel move~ that the proof of publication and the communication be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammsi Klueener, Kronfeldt, Manning. Nays--None. ~Awarding Contract) RESOLUTION NO. 179-84 WHEREAS, sealed proposals have been submitted by contractors for the Chaplain Schmitt Memorial Island Park and Recreation Complex - Con- structinn of Infields and Warning Tracks pursuant to Resolution No. 140-84 and notice of bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of May, 1984. WHEREAS, said sealed proposals were opened and read on the 7th day of June, 1984 and it has been determined that the bid of McDermott Ex- eavatin~g of Dubuque, Iowa in the amount of $29,565.90 was the lowest bid for the furnishing of aH labor and materials and performing the work as provided for in the plans and specifies- tions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above men- tioned improvement be awarded to McDermott Excavating and the Manager be and is hereby directed to execute a contract on behalf of the Ci- ty of Dubuque for the complete parlor- manco of the work. BE IT ~FURTHER RESOLVED that upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hsmmel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Petition of Investment Counselors, Inc. requesting issuance of Industrial Development Revenue Bonds in amt. of $10,000,000.00, presented and read, Council Member Beurskens moved that the petition be received and filed and approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Abstain--Council Member Hammsi, RESOLUTION NO. 180-84 A Resolution Authurlz~ng the Execu- tion of a Memorandum of Agreement with Investment Counselors, Inc. 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 Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equip- ment, or any inter'est therein, suitable for the use of any commercial enter- prise or nonprofit organization which this Council finds is consistent with an urban renewal plan for an urban renewal area which has been designated by the Issuer, prior to July 1, 1979, pursuant to Chapter 403 of the Code of Iowa, 1983, as amended ("Chapter 403"); and WHEREAS, the Issuer designated Special Sessio~ 3une 18,1984 prior to July 1, 1979, a certain urea Exhibit A attached har~to. within the Issuer as an Urban renewal Section 3. Officials of the Issuer are urea, known as Downtown Urban hereby authorized to take such further Renewal Project, and adopted an ur- action as m~y be necessary to carry ben renewal plan for such area, all in out the intent and purPose of the conformity with the provisions of Memorandum of Agreement. Chapter 403; and Section 4. All resolutions and parts WHEREAS, the Issuer has been re- thereof in conflict herewith oare hereby quested by Investment Counselors, repealed to the extent of such conflict Inc. (the "Company") to issue its Passed, nndapproved th~s 18th day revenue bonds pursuant to the Act for of June, 1984, the purpose of financing the acqulsi- James E. Brady tion by construction or purchase of Mayor land, a building, equipment and im- provements suitable for use as a hotel ATTEST: with approximately 200 rooms, plus Mary A. Davis meeting rooms, restaurants, recrea- City Clerk tional facilities, commercial and retail shop space, and parking facih'tlas, and EXHIBIT A to be connected by skywalk to the Memorandum of Agreement Five-Flags Civic Center ~the ,,Project"llocatedwlthintheIsoueron THIS MEMORANDUM OF the bl~ck bounded by Main Street on AGREEMENT is between the City of the east, Iowa Street on the west, 4th Dubuque, Iowa, (the "Issuer") and In- Street on the south and 5th Street on ~estment Counselors, Inc. Ithe "Com- the north; and tony'). 1, Prellminury Statement. Among WHEREAS, a Memorandum of the matters of mutual inducement Agreement in the form and with the ~hlch have resulted in the execution of contents set forth in Exhibit A attach- this Agreement are the following: ed hereto has been presented to the lal The Issuer is authorized by Issuer, under the terms of which the Chapter 419 of the Code of Iowa, Issuer agrees, subject to the provi- 1983, as amended (the "Act") to sions of such Agreement, to pursue issue revenue bonds or notes for proceedings necessary under the Act the purpose of financing the cost to issue its revenue bonds for such pur- of acquiring, by construction or pose; purchase, land, buildings, ira- NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. It is hereby d~tormined that the Project is located within the Downtown Urban Renewal Project area and is consistent with the urban renewal plan approved for said arev~ Section 2. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto be and the same is hereby ap- proved and the Mayor is hereby authorized to execute said Memoran- dura of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agree- rn~nt which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and con- raining the provisions set forth in provements and equipment, or eny interest therein, suitable for the use of any commercial enter* prise or nonprofit organization which this Council finds is consis- tent with the urban renewal plan for an urban renewal area which has been designated by the Issuer, prior to July 1, 1979, pur- snnnt to Chapter 403 of the Code of Iowa, 1983, as amended ("Chapter 403,). (b) The Company wishes to ob- tain satisfactory assurance from the Issuer that, subject to the purlic hearing requlr~d by the Act and Section 103(k) of the In- ternal Revenue Code, such bonds will be issued by the Issuer in a principal amount sufficient to finance in part the costs of the acquisition by construction or purchase of land, a building, Special Session, June 18, 1984 231 equipment aud improvements suitable for use as a hotel with approTimstely 200 rooms, plus meeting rooms, resteurants, recreational facilities, commercial end retail shop spuco, and park- ing in 'edities, and to be connected by skywalk to the Five-Flags Civic Center Ithe "Project"l located within the Issuer on the block bounded by Main Street on the east, Iowa Street on the west, 4th Street on the south and 5th Street on the north. lc) The Issuer considers that the acquisition and construction of the Project end the financing of the same wffi promote the welfare end prosperity of the Issuer and its citizens and secure the public purposes sot forth in the Act. 2. Undertaldngs on the Part of the Issuer. (a) The Issuer will begin the pre- csodin~s necessary to authorize the issuance of such bonds in an nggregnte principal amount not to exceed $10,000,000. fo) Subject to due compliance with all requirements of law, in- eluding the provisions of and the public hearing required by the Act and Section 103(k) of the In- ternal Revenue Code. it will cooperate with the Company in the issuance end sale of such bonds, end the proceeds from tho issuance of such bonds shall ha loaned to the Company, or a part- nership in which the Company will be a partner, upon terms suf- ficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertel,tugs on the Part of the Company. (a) It will use all reasonable ef- forts to cooperate with the Issuer end comply with the Act and ali other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will e~tor into a Loan Agreement with the Issuer under the terms of which the Company, or a partnership in which the Company will be a partner, will obllgnto itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. {c) It will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at the Company's request ~rlaing from the execution of this Agree- ment and the performance by the Issuer of its obligation hereunder, whether or not such bonds are issued. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the cnndi- tlon that on or before one year from the date hereof (or such other date as shah be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. ~b) Ali commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liabiil- ty for any act or omission hereunder, and that such bonds described herein shah not con- etitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provi* sion and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Dates this 18th day of June, 1984. City of Dubuque, Iowa James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal) Investment Counselors, Inc. By John R. VanDeuyn V.P. Council Member Bsurskens moved adoption of the Resolution. Seconded by Council Member Kronfsidt. Carried 232 Special Session June 18,1984 by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Abstain-Council Member Hammel. RESOLUTION NO, 181-84 Resolution fixing a date for beuring on proposed Commercial Development Revenue Bonds, Series 1984 (Invest- ment Counselors Project) WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an iucor- porat~d municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") and Chapter 403 of the Code of Iowa, 1983, as amended, to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, im- provements and equipment, or any in- terest therein, suitable for the use of any commercial enterprise or non- profit organization winch tins Council finds is consistent with an urban renewal plan for an urban renewal area winch has been designated by the City; and WHEREAS, the Issuer has been quested by Investment Counselors, Inc. (the "Company"), an Iowa cor- poration, to issue its revenue bonds to finance in part the cost of the acquizi- tion by construction or purchase of land, a building, equipment and im- provements suitable for use as a hotel with approximately 200 rooms, plus meeting rooms, restaurants, recrea- tional facilities, commercial and retail shop space, and parking facilities, and to be connected by skywalk to the Five-Flags Civic Center (the "Project") located witinn the Issuer on the block bounded by Main Street on the east, Iowa Street on the west, 4th Street on the south and 5th Street on the north, which will promote the welfare of the Issuer and its citizens; and WHEREAS, the City has determin- ed that the Project is located within the Downtown Urban Renewal Project Area of the City and is consistent with the urban renewal plan approved for said area; and WHEREAS, it is proposed to finance in part the cost of the Project through the issuance of Commercial Development Revenue Bonds, Series 198 (Investment Counselors Project) of the Issuer in an aggregate principal amount not to exceed $10,000,000 {the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, or a portnersinp in which the Company will be a partner, the obligation of winch will be sufficient to pay the prin- cipal of~ and redemption premium, if any, and interest on the Bonds as and when the same shah 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, all 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 Carnegie. Stout Public library Auditorium in Dubuque, Iowa, on the 16th day of July, 1984, at Z.30 o'clock, p.m., at which time and place a public hearing shall be held on tha pmposal to issue the Bonds re[erred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Telegraph Herald, a newspaper published and having a general cireula- tion within the Issuer. The notice shall be in substantially the f~llowing form: (Notice of Intention to Issue Commercial Development Revenue Bonds -- Series 1984 (Investment Counselors Project) The City Council of the City of Special Session, June 18, 1984 233 Dubuque, Iowa, (the "Issuer") will meet on the 16th day of July, 1984, at Carnegie-Stout Public Library Auditorium in Dubuque, Iowa, at 7:30 o'clock, p.m., for the purpose of con- ducting a public hearing on the pro- posal to issue Commercial Develop- ment Revenue Bonds, Series 1984 (In- vestment Counselors Project) of the Issuer, in an aggregate principal amount not to exceed $10,000,000 (the "Bonds"), and to loan said amount to Investment Counselors, Inc. (the "Company"), or a partnership in winch the Company will be a partner, for the purpose of defraying the cost, to that amount, of the acquisition by con- struction or purchase of land, a building, equipment and im- provements suitable for use as a hotel with approximately 200 rooms, plus meeting rooms, restaurants, recrea- tional facilities, commercial and retell shop space, and parking facilities to be connected by skywalk to the Five- Flags Civic Center, and to be located within the Downtown Urban Renewal Project area of the Issuer and consiz- tent with the Issuer's urban renewal plan for said area. 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 obliga- tion of winch wffi be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing ail local residents who appear will ha given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Writ- ten comments may also be submitted to the Issuer at City Clerk, City Hail, Dubuque, Iowa. Written comments must be received by the above hearing date. By order of the City Council, this 18th day of June, 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 tins 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by thee following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Abstein-Council Member Hammel. Communication of City Manager submitting Resolution requesting that a Public Hearing be held on June 25 to amend the Urban Renewal Plan, presented and read. Council Member Kluesner moved that the connnuincation be received and filed. Seconded by Council Member Beurskens. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning, Nays--None. Abstain--Council Member HammeL RESOLUTION NO. 182-84 A Resolution Fining the Date of Public Hearing for an Amendment to the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15. WHEREAS, on May 18, 1967, the City Council of the City of Dubuque, Iowa, after public hearing duly adopted an Urban Renewal Plan for the Downtown Urban Renewal Area Project, Iowa 5-15 (herein called the "Project"l, and WHEREAS, the City of Dubuque is carrying out the Project in confer- mance with the approved Urban Renewal Plan; and WHEREAS, it is deemed to be in 234 Special Session, June 18,1984 the best interest of beth the Project t~that the communication be received and the City of Dubuque to amend the and filed and authorization approved. Seconded by Council Member Klues- approved Urban Renewal plan for the Project; and WHEREAS, the proposed plan amendment is of the nature which re- quires a public hearing as set forth in Chapter 403 of the 1981 Cede of Iowa, as amended, and in conformance with the appropriate policies and regula- tions of the United States Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a public hearing on a proposed renewal amendment to the approved Urban Renewal Plan for the DownWwn Urban Renewal Project, Iowa R.15, will be held at 7:30 p.m~ on June 25, 1984, in the City Council Chambers, City Hal~ 13th & Centr~ Dubuque, lows Section 2. That the City Clerk be and she is hereby authorized and directed to publish notice of the time and place of said public hearing, as provided by law. Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesoer moved adoption of the Resolution. Seconded by Council Member Bsurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskean, Deich, Kfucener, Kxonfeldt, Manning. Nays--None. Abstain--Council Member Hammei. Communication of Acting City Manager requesting Mayor be authorized to execute a Purchase of Services Agreement with the Chamber of Commerce for the fiscalyear beginn- lng July 1, 1984 covering the City's financial participation in the Chamber's Convention and Visitors Council, presented and read. Council Member Beurskens moved her, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskans, Deich, Hammel, Klucener, Kronfeldt, Manning. Nays--None. Communication of Acting City Manager requesting adoption of a Resolution approving funding ageso- meat betwecn City and Phone-A- Friend, Information and Referral Ser- vices for FY 1985, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council ~lember Deich. Carried by the follow- lng vote: ' yeas--Mayor Brady, Council Mem- bers Beurskoan, Deich, Hammel, Kluecner, Kronfeidt, Manning. Nays--None. RESOLUTION NO. 183-84 A Resolution Approving a Funding Agreement Between the City of Dubu- que and the Phone-A-Friead, Inc. formation and Referral Service and Authorizing and Directing the City Manager to Execute said Agreement an Behalf of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, Iowa, has negotiated with the Phone- A. Friend, Inc. Information and Refer- ral Service to provide previously un- supplied services for the expressed purpose of aiding the City of Dubuque in meeting the social and economic needs of the low and moderate income persons and the long-term unem- and WHEREAS, the terms and condi- tions under which Phon~A-Friend, Inc. Information and Referral Service will be funded for pr ovidin~ the abev~- described services are set forth in a Funding Agreement, a copy of which Agreement is hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY cOUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the attached Fun& Special Session, June 18, 1984 235 ins Agreement by and between the Cf* ty of Dubuque, Iowa and the Phone.A- Frien~ Inc. Information and Referral Service be and the same is hereby ap- proved` 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, Passed, approved and adopted this 18th day of June, 1984. 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 following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] K]uesner, Kronfeldt, Manning. Nays--None. Communication of Acting City Manager requesting adoption of a Resolution approving funding agree- ment between City and Washingten Neighborhood Tool Library for Fiscal Year 1984, presented and read, Council Member Deich moved that the communication be received and fil- ed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Deich, Hammei Kluesner, Kronfeidt, Manning. Nays--None. RESOLUTION NO. 18444 A Resolution Approving a Fundis Agreement Between the City of Dubu- que and the Washington Neighbethood Tool Library, Inc. 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 the Washington Neighborhood Tool Library, Inc. to provide previously un- soppiled services for the expressed purpose of aiding the City of Dubuque to prevent the spread of slum and blight within the City; and WHEREAS, the terms and condi- tions under which Washington Neighborhood Tool Library, Inc. win be funded for providing the abov~ described services are set forth in a Funding Agreement, a copy of which Agreement is hereto attached and by this reference made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Fun. ding Agreement by and between the City of Dubuque, Iowa, and the Washington Neighborhood Tool Library, Inc. be and the same is hereby approved, Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the C~ty of Dubuque, Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammei, Kluesner, Kronfeidt, Manning. Nays--None. Petition of Handicapped Persons, Inc. requesting to address the Council regarding permission to use four per- table "NO PARKING SIGNS" at their facility on East Eighth St., presented and read. Katherine Kelley spoke to the Coun- cil and advised they had received pro- per permission from Mr. Koch this afternoon with condition that notice is given when signs win be used. Council Member Kluesner moved that the petition be received and ~ed and that recommendation of the Staff 2~6 Special Session, June 18,19~4 be accepted. Seconded by Council Member Deich, Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I/lnesuer, Kronfeldt, Manning. Nays--None. Touche Ross Company submitting a report regarding the Cable Rate in- crease AND Communication of Cable Regulatory Commission submitting their recommendation regarding the Cable Rate Increase, presented and read. Carl Heathcote addressed the Coun- cil and suggested to defer this matter this evening and set for public bearin~ for input. Jim Weber, Acting Manager of Group W and Terry Meyeriug, District Manager of Group W requested ap- proval of request. Council Member Beurskens moved that the report and communication be received and filed. Seconded by Coun- cil Member Klueener. Carried by the following vote: Yeas--Mayar Brady, Council Mem- bers Bsurskene, Deich, Hammel, Klnesner, Kronfeldt, Manning. Nays--None. Communication of Acting City Manager submitting recommendation regarding the rate increase requested by Group W, presented and read. C~uncil Member Beurskene moved that the communication be received and filed and to grant increase as recommended, that being $3.27 per n~nth. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Kineener, Kronfeldt, Manning. Nays--Council Members Deich, Hammel. RESOLUTION NO. 185-84 Resolution Authorizing and providing for the Issuance of $750,000 General Obligation Bonds and Levying a Tox to Pay said Bonds WHEREAS, the Issuer ia duly in- corporated, organized and exists by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the issuer is in need of funds to pay costs of reconstruction, extension and improvement of an ah~ port already owned including a hangar, office bnildfu~ and paridng lot, an essential corporate purpoee~ and it is deemed necessary and ad- visable that general obligation bonds in the amount of $7§0,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute prc- ceedinge for the issuance of said bends, and the Council is therefore now authorized to proceed with the i~- suance of said bonds; and WHEREAS, pursuant to the provi- of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and ac- tion should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following mean- ings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Issuer" and "City" shall mean the City of Dubuque, Iowa; (bi "Treasurer" shall mean the City Treasurer or such other of- ricer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder; Ic~ "Bonds" shall mean $750,000 General Obligation Bends, authorized to be issued by this Resolution; (d) "Registrar" shall be Bankers Trust Company of Des Moines, be approved by Issuer as pro- Special Session, June 18, 1984 237 vided herein and who shah carry out the duties prescribed herein with respect to maintaining a registrar of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds. (e) "Paying Agent" shall be Bankers Trust Company or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuers agent to provide for the payment of principal of and interest on the bonds as the same shall become due. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubu- que, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF AMOUNT COLLECTION: $172,235 1985/1986 $112,300 1986/1987 $107,925 1987/1988 $153,550 1988/1989 $144,800 1989/1990 $136,050 1990/1991 $127,300 1991/1992 $118,309 1992/1993 $109,200 1993/1994 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1983, will be collected during the fiscal year com- mencing July 1, 1984). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as pro- vided, to levy and assess the tax hereby authorized in Section 1 of this Resolution, in Ilks manner as other taxes are levied and assess- ed, and such taxes so levied in ned for each of the years aforesaid be collected in 1/kc man- ner as other taxes of the City are conected, and when collected be used for the purpose of paying principal and interest on said bends issued in anticipation of said tax, and for no other put- pose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that put- pose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in ad. dition to, all other taxes in and for the City, and when collected they shall be converted inwa special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1984 No. 1", which is hereby pledged for and shall be used only for tha payment of the principal of and interest on the bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the C~. ty from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Investments of Bond Fund Proceeds~ All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in d/rest obligations of the United States Government or deposited in banks which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits ex- seeding the maximum amount insured ~rom time to time by FDIC or its equivalent successor in any one bank shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. Ali such in- terlm investments shall mature before the date on which the moneys are re- quired for payment of principal of or 235 Spedul Session June 15, 19~ interest on the Bonds as herein pro- vided. Section 5. Bond Details, Execution and Redemption. la) Bond Details. General Obliga- tion Bonds of the City in the amount of $780,000 shall be issued pursuant to the provisions oI Section 384.25 of the City Code of Iowa for the aforesaid purpose. The bonds shah be designated "GENERAL OB- LIGATION BOND", be dated July 1, 1984, and bear interest from the date thereof, until pay- ment thereof, at the principal oI- rice of Ba~kers Trust Company, Paying Agent, said interest payable on May 1, 1985 and se- mianually thereafter on the day of November and May in each year until maturity at the rates hereinafter provided. The bonds shall be executed by the facsimile signature of the Mayor and attested by the fac- simile signature of the Clerk, and printed or impressed with the seal of the City and shah be fully registered as to both principal and interest as provided in this resolution; principal and interest shah be payable at the office of the Paying Agent. The bonds shah be each in the denomination of $5,000 or integral multiples thereof. Said bonds shah mature and bear interest as follows: Interest Principal Maturity Rate Amount May let 8.75% $ 50,000 1986 8.75% $ 50,000 1987 8.75% $ 50,000 1988 8.75% $100,000 1989 8.75% $100,000 1990 8.75% $100,000 1991 9.00% $100,000 1992 9.10% $100,000 1993 9.20% $100,000 1994 (b) Redemption. The Bonds are not subject to redemption prior to maturity. Section 6. Registration of Bonds Appointment of Registrar; Transfer; Ownership; Delivery; and Cancella- tion. (a) Registration. The ownership of bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provi- sions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resoin- tinn. All I~onds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the pro- visions for registration and transfer contained in the bonds and in this resolution. lb) Transfer. The ownership of any Bond may be transferred on- ly upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the principal office of the Registrar together with an assignment duly ex- ecuted by the holder or his duly authorized attorney in fact in each form as shah be satisfactory to the Registrar, along with the address and social security number or federal employer iden- tification number of such transferee (or, if registration is to be made in the name of multiple individuals, of aH such transfereesl. In the event that the address of the registered ovmer of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that. of a broker or dealer, there must be disclosed on the Registration Books the infer- marion pertaining to the registered owner ~eqalred above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully regis- Spedal Session, June 18, 1984 239 tered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the ~ransfer of the Bonds, the Registrar shah register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d} Ownership. As to any Bond, the person in whose name the ownership of the same shah be registered on the Registration Books of the Registrar shah be deemed and regarded as tho ab- solute owner thereof for aH pur- poses, and payment of or on ecount of the principal of any such Bonds and the premium, if any, and interest thereon shah be made only to or upon the order of the registered owner thereof or his legal repreeentetive. Ali such payments shah be valid and effec- tual to satisfy and discharge the liability upon such Bond, in- eluding the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. AH Bonds which have been redeemed shall not be reissued but shah be cancelled by the Registrar. AH Bonds which are cancelled by the Registrar shah be destroyed and a cer- tificate of the destruction thereof shah be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Trustee shah forward the cancelled Bonds to the Issuer. {i) Non-Presentment of Bonds. In the event any payment check representing payment of interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such in- terest on Bonds shall have been made available to the paying Agent for the benefit of the owner thereof, aH liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, ter- minate and be completely dis- charged, and thereupon it shah be the duty of the Paying Agent to hold such funds, without Hability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date Bxed for redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Issuers of such interest or Bonds of whatever nature shall be made upon the Issuer, Section 7. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost the Issuer shall at the re- quest of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or Ios~ in exchange and substitution for such mutilated Bond to Regis~ar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been dastroyed, stolen or lost and proof of ownership thereof, and upon ~urnishing the Registrar and Issuer with satisfactory indemnity and eom- plying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such ex- nection therewith. Section 8. Record Date. Payments of principal and interest otherwise than upon full r~demption, made in respect of any Bond, shall be made to the registered homer thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. And all such payments shall fully discharge the obligations of 240 Special Session, June 18, 1984 the Issuer in respect of such Bonds to the extent of the payments so made. payment of principal shall only be made upon surrender of the bond to the paying agent. Section 9. Execution, Authentica- tion and Delivery of the Bonds. Upon the adoption of this resalutio.~ the Mayor and C3ty Clerk shall execute and deliver the Bonds to Bankers Trust Company who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obligatory for any pu~ pose or shall be entitled to any right or benefit hereunder unless the registrar shall duly endorse and execute on such Bond a certificate of authentication substantially in the form of the Ce~ tificate herein set forth. Such Cer~ tifieate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authen. ticatod has been duly issued under this resolution and that the holder thereof is entitled to the benefits of this resolu- No Bonds shall be authenticated and delivered by the Registrar unless and until there shah have been provided the following: 1. A certified copy of the resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer direc* ting the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the put- chase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, DorweHer, Haynie, Smith & Alihae, Bona Counsel, concerning the validity and legality of ah the bonds proposed to be issued. Section 10. Form of Bond. Bonds shall be printed in substantial com- pliance with standards proposed by the American Standards Instituto substantially in the form as follows: (10) (continued on the back o~ this Bond) (15) FIGURE 1 (Front) Spechd Session, June 18, 19~4 241 (10) (Continued) (16) (17) FIGURE 2 (Back) The text of the bonds to be located thereon at the item numbers shown shah be as foliows: Item 1, figure 1 --- "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND," "ESSENTIAL CORPORATE PURPOSE." Item 2, figure i ---- Rate: Item 3, figure 1 ---- Maturity: Item 4, figure 1 = Bond Date: July 1, 1984 Item 5, figure i -- Cusip #. Item 6, figure 1 = "Registered" Item 7, figure 1 -- Certificate No. Item 8, figure 1 = Principal Amount: Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 ---- (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surren- Special Session, June 18, 1984 der hereof at the principal office of Bankers Trust Company, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on May 1, 1985, and semian- nually thereafter on the 1st day of November and May in each year. Interest and principal shall be paid to the registered holder of the bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shah be computed on the basis of a 360-day year of twelve 30-day months. This bond is issued pursuant to the provisions of Section 384.25 of the City Code of Iowa, for the purpose of paying costs of reconstruction, extension and im- provement of an airport already owned including a hangar, office building and parking lot, in conformity to a Resolution of the Couanfl of said City duly passed and approved. Ownership of this bond may bo transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this bond at the principal office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satinlac- tory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, give 60 days' notice to registered bondholders of such change. All bonds shall ha negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the bond resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to ha had, to be done, or to be performed precedent te the lawful issue of this bond, have been existent, had, done and performed as required by law, that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this bond to be signed by the facsimile signature of its Mayor and attested by the fac- simile signature of its City Clerk, to bo sealed and to be authenticated by the manual signature of an officer of the Registrar, Bankers Trust Company of Des Moines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure i = This is OhO of the bends described in tho within men- tioned resolution, as registered by Bankers Trust Com- pany. Bankers Trust Company By Registrar Item 13, figure 1 = Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Company Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] City of Dubuque, Iowa By: (facsimile signature) Mayor Attest: (facsimile signature) City Clerk Special Session, June 18, 1984 243 Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this bond is a part. (Facsimile signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 -- [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT -- READ CAREFULLY The signature(s~ to this Power must correspond with the name(s~ as written upon the face of the certificate(s~ or bond(s} in every particular without alteration or enlargement or any change whatever. Signature guarantee should be made by a member or member organization of the New York Stock Exchange, members of other Exchanges having signatures on file with transfer agents or by a commer- cial bank or trust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM -as tenants in common TEN ENT -as tenants by the entireties JT TEN -as joint tenants with right of survivorship and not as UNIF GIFT MIN ACT -. .............. Custodian ............... (Cust) (Minor) under Uniform Gifts to Minors Act. .................................. (State) 244 Special Sessio~. June 18, 1984 Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name substitute, successor Registrar or Pay- ing Agent upon giving 60 days' writ- ten notice to each registered bond- holder. Section 12. Contract Between Issuer and Purchaser. This Resolution con- stitutos a contract between said City and the purchaser of the bonds. Section 13. Non. Arbitrage Covenants. The Issuer reasonably ex- pects and covenants that no use will be made of the pmceeds from the issuance and sale of the Bonds issued hereunder which will cause any vi the Bonds to be classified as arbitrage Bonds within the meaning of Section 103(c) (2) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and bellef of the Issuer, there are no facts or cir- cumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage Bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the Bonds to certify as to the reasonable expectc~ tion of the Issuer at that date. The Issuer covenants that it will treat as restricted yield investments any funds in the Sinking Fund for pay- meat of the Bonds in excess of l3/12the of the annual principal and interest re- quirements of the then current year. "Restricted yield investments" are funds or investments which the Issuer covenants not to invest at a yield materially higher than the yield on the bonds as defined in the regulations issued under authority of Section 103(c) of the Internal Revenue Code of the United States. The Issuer covenants that it will ex. teed any investment yield restriction provided in this resolution only in the event that it shall first obtain an opi- nion of recognized bond counsel that the proposed investment action will not cause the bonds to be classed as ar- bitrage bonds under Section 103(c) of [ the Internal Revenue Code or regula- tions issued thereunder. The Issuer covenants that it will pro- ceed with due diligence to spend the ~roceede of the bonds for the purpose set forth in this resolution. Section 14. Severability Clause. If any section, paragraph, clause or pro. vision of this Resolution be held in. valia~ such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effec- ice immediately upon its passage and approval Section 15. Repeal of Conflicting Resolutions or Ordinances. That all or- dinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Discussion followed. No vote taken on the motion. Council Member Kronfeldt moved to table the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Kronfeldt, Manning. Nays--Mayor Brady, Council Mem- bers Hammel, Kluesner. Council Member Beurskens moved to reconsider the previous motion. Seconded by Council Member Klues- ncr. Carried by the following vote: Yeas--Mayor Brad:t, Council Members Beurskens, Hammel, Kluec- net, Manning. Nays--Council Members Deich, Kronfeldt. Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kiuesner, Manning. Nays--Council Member Kronfeldt. Communication of City Manager Special Session, June 18,1984 245 submitting Resolution providing for adoption of Supplement No. 21 to the City code, 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, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 186-84 Adopting Supplement No. 21 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- que, Iowa, has adopted certain or- dinances amending the Code of Or- dinances and said amendments haw been printed as supplements to the Code of Ordinances; and WHEREAS, Section 380.0 of the Code of Iowa provides that sup- plements, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 21 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa, up to and through March 19, 1984 printed 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, Iowa. Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of tho Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Bourskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Recessed at 10:33 P.M. Council Reconvened at 10:40 P.M. An ORDINANCE Amending the Code of Ordinances by enacting a new Section 7-46 in lieu thereof providing for the confinement of animals (sub- mitred by the Mayor), presented and read. Council Member Manning moved that the reading just had be con- sidered tho first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by tho following vote: Yeas--Mayor Brady, Council Mem- bets Deich, Klueaner, Manning. Nays--Council Members Beurskens, Hammel, Kronfeldt. Communication of Corporation Counsel Binm submitting two Or- dinances regarding the prohibit- lng/regulating dangerous and vicious animals, and Ordinance(s) amending the Code of Ordinances by enacting Article III of Chapter 7 comprised of Sections 7-75 through 7-85 thereof pro- viding for defining dangerous and vicious animals and the keeping, seizure, impoundment and disposition of such animals, presented and read. Council Member Deich moved that the second Ordinance be tabled until the meeting of July 2nd. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mr. Richard Smoker spoke to the above matter. Communication of City Manager Special Session, June 18,1984 menmmending the traffic control at the intersection of Andrew Ct. and Boyec St. be changed from a stop sign for westbound vehicles only, to a stop s~gn for BOTH westbound and east- bound veMclea, presented and read, Council Member Klueaner moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow* ing vote: yens--Mayor Brady, Council Mem- bers Benrakens, Deich, Hammel, Klucsncr, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 19-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AD- 'DING A NEW SUBSECTION TO SECTION 25-210ib) TO PROVIDE THAT THE ANDREW COURT AND BOYEB STREET INTERSECTION BE DESIGNAT~.D A "STOP" IN- TERSECTION FOR EASTBOUND AND WESTBOUND TRAFFIC: THAT SECTION 25-210(b) BE AMENDED BY DELETING THEREFROM THE ANDREW COURT AND BOYER STREET IN- TERSECTION AS A DESIGNATED "STOP" INTERSECTION FOR WESTBOUND VEHICLES, present- ed and read. Council Member Kluesner 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- bets Beurskens, Deich, Hammel Klunsner, Kronfeldt, Manning. Nays--None. Council Member Klueener moved that the nde requiring an Ordinance to be presented and read at two meeti~4~s prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Delch. Carried by the following vote: yeas--Mayor Brady, Council Mem- hers Benrskens, Deich, Hammel, Klueener, Kronfeldt, Mann/ng. Nays--None. ORDINANCE NO. 19-84 OFFICIAL PUBLICATION ORDINANCE NO. 19-84 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING A NEW SUBSECTION TO SECTION 25-210(b) TO PRO- VIDE THAT THE ANDREW COURT AND BOYER STREET INTERSECTION BE DESIG- NATED A "STOP" INTERSEC- TION FOR EASTBOUND AND WESTBOUND TRAFFIC; THAT SECTION 25-210(b) BE AMENDED BY DELETING THEREFROM THE ANDREW COURT AND BOYER STREET INTERSECTION AS A DESIGNATED "STOP" INTERSEC- TION FOR WESTBOUND VEHI- CLES. 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 adding a new subsec- tion to Section 25-210(b) to read as follows: "Section 25-210. STOP INTERSEC- TIONS. (b) Those intersections designated are hereby declared to be "Stop Inter- sections" for all purpos~ of this sec- tion. Vehicles bound in the direction indicated must stop before entering the des/gnated intersection. EASTBOUND AND WESTBOUND Andrew Court and Boyer Street." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by deleting a portion of Section (b) of Section 25-210 as fol- lows: "Section 25-210 STOP INTERSEC- TIONS. (b) Those intersections designated are hereby declared to be "Stop Inter- sections" for all purposes of this sec- tion. Vehicle~ bound in the direction indicated must stop before entering the designated intersection. WESTBOUND Andrew Court and Boyer Street." Section 3. That all Ordinances in conflict with this Ordinance be and they are hereby repealed. par~ed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Special Session, June 18,1984 247 Pubti~hed officially in the Telegraph Herald newspaper this 25th day of June, 1984. Mary A. Davis . City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Eeurekons, Deich, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. Communication of Planning am Zoning Commission recommending proval of final plat of Subdivision of Block 3 of Cedar Cross Industrial Park located northeast of Cedar Cros~ Court, presented and read. Council Member Bearekens moved that the communication be received and filed. Seconded by Council Member Manning. Carded by the following vote: Yeas--Mayor Brady, Council Mom- bers Beurskens, Doich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 187-84 A Resolution Approving the Plat of the Subdivision of Block Three of Cedar Cross Industrial Park in the Ci- ty of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of Block Three of Cedar Cross Industrial Park in the City of Dubu- que, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances misting thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the Sub. division of Block Three of Cedar Cros~ Industrial Park in the City of Dubu- que, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, approved and adopted this 18th day of June, 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- bets Beurskens, Dnich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. BOARDS AND COMMISSIONS: Fire and Police Retirement Systems Board of Trustees - One 4-Year term to Expire 3-31-88 (Term of H. Melchior). Applicants: Fred J. Pape and Cad J. Winter. Council Member Benrskens voted for Pape, Mayor Brady voted for Winter, Council Member Deich voted for Pape, Council Member Hammel voted for Pape, Council Member Khiesner voted for Pape, Council Member Kronfdidt voted for Pape, Council Member Manning voted for Pape. Therefore, Fred J. Pape appointed to the Fire & Police Retirement Systems Board of Trustees for a four year term which will expire 3-31-88. RESOLUTION NO. 188-84 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. Astgen's Foods Ltd. 1109 Rbemberg Ave. James E. Bauer 2126 Central Ave. William J. Benin 500 Rhomberg Ave. James J. Birkett 55 Locust St. Gary and Linda Eof felt 2501 Rhomberg Ave. 248 Special Session June 18,1984 Century Plaza Restaurant, Inc. 815 Century Dr. Earl G. Corbett 408 West Locust St. Crane Enterprises, Inc. 253 Main St. Cue Master Limited 841 Central Ave. Design Center, Inc. 200 Main St. Nelda L. Dory 1091 Main St. Dubuque Golf and Country Club 1800 Randall Pl. William F. Dunne 54 Locust St. Fischer Bowling Lanes 880 Locust St. Fischer & Co. Office Grill 7 B Fischer Bldg. John Fitzpatrick & William F. Dully Plaza 20 2600 Dodge Fitzgerald's Bar X Ltd. 2616 Windsor Ave. Gary Fransen Executor 1100 Lincoln Ave. Grsndview Drug 486 Iq. Grandview Ave. 709 University Ave. Hiatt and Sckroeder Tap, Inc. 2401 Windsor Ave. David H. Hoffman 450 West Locust St. Holiday Oil Dist., Inc. 1685 J. F. K. Holiday Oil Dist., Inc. 14th & Central Ave. Holiday Oil Dist., Inc. 605 Dodge St. Holiday Oil Dist., Inc. 400 Rhomberg Ave. Iowa Oil Co., IOCO Speede Shoppe 3200 Central Ave. Iowa Oil Co., IOCO Speeds Shoppe 1998 Jackson St. Iowa Oil Co., IOCO Spsode Shoppe 2335 University Ave. Iowa Oil Co., 1OCO Speede Shoppe 1481 Dodge St. Iowa Oil Company Iowa Gas 1387 Dodge St. James J. Klaner 1646 Asbury Rd. Wilfred J. Kennedy 3453 Jackson St. Elizabeth KraJnovich 342 West 8th St. Kevin Kruser Pennsylvania & J, F. K. Gall Latenser 1602 Central Ave, Kenneth Jerome Love ~02 Central Ave. Mescher & Teack Grocery 1233 Rbomberg Ave. Catherine Meyer 530 E. 22nd St. Mike Finnin Ford Inc. 3600 Dodge St. William J. Murphy 139 Locust St. John W. Noonan 1618 Central Ave. Tammy A. Edens & Pamela L. Knourek Olde German Bank 342 Main St. Palmer Drug Co. 2600 Dodge St. R & S Enterprises, Inc. 485 Central Ave. Robert Spiegel and John Richman 1080 University Ave. Wayne P. Scbollmeyer 176 LOcust .St. Melvin A. Spiegelhnlter 1029~ Main St. Vendors Unlimited Sunnycrsst Manor 2375 Roosevelt Vendors Unlimited University of Dubuque Student Union 2050 University Ave. Vendors Unlimited Loras College Beckman Hail 1450 Alta Vista Vendors Unlimited Loras College Keane Hall 1450 Alta Vista Vendors Unlimited Loras College Snack Bar 1450 Alta Vista Theisen's Inc. 2900 Dodge St'. Jon Atkinson & Jerry Rob'rosen The Brewery 2327 Central Ave. Steve Ankeny 555 Kennedy Mall American Legion Dubuque Post 6 1306 Della St. Paul E. Anthony 1185 Dodge St. Special Session, June 18, 1984 249 Delael Bauer 351 Dodge St. David Beater 1400 White St. Judy A. Besler & Clara Johnson 385 East 13th St. Detsford - Olinger, Inc. 1027 Rhomberg Ave. Mike Bower 1064 University Ave. Carol Burcbette & Phyllis Danne 1400 Central Ave. Clarke College 1550 Clarke Drive Do II Bit N Spur 1895 J. F. Kennedy Douglas Fink 2119 Rbomberg Ave. Marco Giunta 2022 Central Ave. Howard Johnson Co. Ground Round 50 J.F. Kennedy Rd. William Hancock 2205 Carter Rd. Holiday Inn, Inc. 1111 Dodge St. James Kurbevas, Inc. 665 Dodge St. Robert J. Kehl The Barge 2nd St. Harbor Tamie Kanlaker Highway 20 West Jeannine Kersch 1555 Central Ave. Ken Kruser & Stanley Robey Jr. 1401 Elm St. Dorothy Mangeno Aragon Tap 1103 Iowa St. Milton Marty 5th and Locust St. Dennis Meyer Bunker Hill Road Midway Motor Lodge 3100 Dodge St. Noreen Miliman 601 Rhomberg Ave. Moracco Supper Club, Inc. 1413 Rockdale Rd. New Harbor Development Cra*p, Inc. Dubuque Marina 1933 Inc. 225 West 6th St. Perkins, Inc. 3500 Dodge St. Ponderosa Systems, Inc. 2035 Kennedy Rd. Randail's Fandarama #1 3500 Dodge St. Randali'e Foodarama #2 2013 Central Ave. Red Apple Restaurant 2260 Kennedy Road Dolores Rneth 600 Central Ave. Thomas Sehrobligen 1121 University Ave. Town Clock Inn, Town Clock Pl~za Patrick Lomboedi Schuster 1630 E. 16th St. Francis J. Shanahan 2480 University Ave. Steve Smith Gomer's Bar 1105 University Ave. Steve Smith Pickle Barrel Subs 1585 Delhi St. Target Store #86 Warren Plaza Trausch Baking Co, 25 Main St. Jerry Turner 925 Century Drive Maylo Turner 2417 Rhnmberg Ave. United Auto Workers Local//94 3450 Central Ave. Village Inn 1940 J. F. Kennedy Rd. Yen Clang 926 Main St. Zayre Snack Bar 255 J. F. Kennedy Rd. Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Counail Member Beurskene moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskene, Deich, Hammel, Klnesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 189-84 WHEREAS, Applicants for Beer Permits have been submitted and liled 250 Special Session, June 18, 1984 to this Council for approv~ and tbe { City of Dubuque, Iowa, that the same have been examined and approv- Manager be authorized to cause to be issued to the following named ap- ed; and WHEREAS, The premises to be oc- capied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bends; 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 "B" BEER PERMIT Catharian M. Meyer 530 Rant 22nd St. CLASS "C" BEER pERMIT Dennis Althaan 25 Ruby St. (Alee Sunday Sales) John George Miller, Sr. Riverview park (Also Sunday Sales) Passed, approved and adopted this 18th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 190-84 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~ cuplad by such applicants were re- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bends; NOW, THEREFORE, BE IT RE- SOLVED, By the City Counc~il of the pllcants a Liquor License. CLASS "A" (CLUB} BEER AND LIQUOR LICENSE Loyal Order o! Moose, Dubuque Lodge No. 355 1200 Main St. (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Heron, Inc. 709 University Joter Incorporated 31-55 Locust St. (Also Sunday Sales) Wilfred Kennedy 34th & Jackson ~ 342 West 8th St. Tammy A. Edens & Pamela L. Knourek 342 Main St. Kenneth Jerome Love 802 Central Ave. (Also Sunday Sales) Eugene Arthur Orting 1689 Elm St. Dolores S. Roeth 600 Central Ave. Jolm L. Savary 827 Dodge St. Wayne Paul Schollmeyer 176 Locust St. (Also Sunday Sales) Melvin A. Splegelhaiter 1029~A Main St. James E. Bauer 431 Rhomberg (Also Sunday Sales) Passed, approved and adopted this 18th day of June, 1984. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mere* bers Beurskens, Daich, Hammai, Kluesner, Krqnfeldt Manning. Nays--None. Printed Council Proceedings for months of January, February and March, 1984, presented for approval. Council Member Deich moved that the proceedings be approved as printed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- Special Seaaior bets Bsurekens, Daich, Hammel, Kluesuer, Kronfaidt, Manning. Nays--None. MINUTES SUBMITTED: Airport Commission of 5/24 & 5/29; Cable Com- munity Teleprograroming Comm. of 5/15; Cable Regulatory Comm. of 5/22; Barge Fleeting Comm. of 5/I7; Civil Service Comm. of 5/9; Dock Bd. of 5/29; Five Flags Comm. of 5/21; Historic Preservation Comm. of 5/8 & 5/22; Public Library Bd. of 5115, presented and read. Council Member Delah moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, I~eich, Hammel, Kluesner, Kronfoldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Mildred C. & Ignatius W. Kircher vs. City & Blackacre Properties for per- sonal injuries; Thomas R. Steffon in unknown amt. for property damages; Arthur Tigges in amount of 535.05 for tire and rim damages; Twin Sisters Subdivision in amt. of $3,204.65 for backed-up sewer damages; Joan Wallla in unknown amt. for personal injuries, presented and read. Council Member Deich moved that the claims and suits 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, Deich, Hammai Kluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel recommending denials of following claims: personal injury claim of Mr. & Mrs. Spencer Smith, Proper- ty damage claim of Eugene Smith, per- sonal injury claim of Tiaa Butlett presented and read. Council Member Deich moved that the communications be received and filed and denials approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mere- June 18,1984 251 bers Beurskens, Deich, Hammel, Klaesner, Kronfeldt, Manning. Nays--None. Communication of Ronald J. Muelisr requesting assistance with various problems on property located at the end of Roosevelt right off of Peru Read, presented and read. Council Member Deich moved that the communication be referred to the City Manager. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bsurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Civil Aeronautics Bd. submitting Order on Essential Air Service Determination, presented and Council Member Deich 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 Beurskens, Deich, Hammel, Kluesner, Kronfaidt, Manning. Nays--None. Communication of Mrs. Anneva Kieffer requesting to be kept informed of any changes regarding lease with Mr. Bob Kehl and Robert's River R/des, presented and read. Council Member Delah moved that the communication be received and ill- ed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai, Kluesuer, Kronfeldt, Manning. Nays--None. Proof of publication of List of Claims and receipts for month of April, 1984 and City Manager submit- ting reports of the Finance Director and City Treasurer for month of May, 1984, presented and read. Council Member Deich moved that the proof of publication and reports be received and filed. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: 252 Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Acting City Manager submitting status report on several referrals made to the City Manager's Office over the past several months, presented and read. Council Member De(ch moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, De(ch, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Copy of communication sent to Mr. Al Polaean regarding answers to his questions at meeting of May 21, 1984, presented and read. Council Member De(ch moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, De(ch, Hammal Kluesner, Kronfeldt, Manning. Nays--None. Petition of Thomas O'Neill re- questing to purchase Lot 6 of McGrath Subdivision, presented and read. Council Member De(ch moved that the petition be referred to the City Manager for investigation and report. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, De(ch, Hammel Kluesner, Kronfaldt, Manning. Nays--None. Copy of communication sent to Dr. Wayne Moldenauer regarding chang' lag of access in downtown area presented and read. Council Member De(ch moved that the communication be received and ill- ed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mom~ bets Beurskens, Delch, Hammel, Special Session June 18, 1984 Kluesner, Kronfeldt, Manning. Nays--None. Mr. Neil Kelly requested that something be done about newspaper littering problem in Elm Street area. There being no further business Council Member Kluesner moved to adjourn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved_ _1984 Adopted _1984 Mayor Council Members ATTEST: City Clerk Special Session, June 25,1984 253 CITY COUNCIL OFFICIAL Special Session, June 25, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, De(ch, Kluesner Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Corporation Counsel William G. Blum. Absent--Council Member Hammel. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a public hearing to consider an amendment of the Urban Renewal Plan for the Downtown Urban Renewal Project R-15, and acting upon such other business which may properly come before the Council. Council Member Beurskens moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Kluesner Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. Proof of publication, certified to by the Publisher, on Notice of Pub(lc Hearing providing for the amendment of the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, presented and read. There were no written objections and no oral objectors present at the time set for the Hearing. Attorney Allan Carew, representing Investment Counselor's Inc. re- quested adoption of the Amendment. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kluesner. Carried by the fol- lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Kluesner Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. Communication of Planning and Zoning Commission approving amend- ment to Urban Renewal Plan as pro- posed, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Ycas--Mayor Brady, Council Mem- bers Bearskens, De(ch, Klueaner, Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. RESOLUTION NO. 1914/4 A Resolution Amending the Urban Renewal Plan for the Downtown Ur- ban Renown( Project, Iowa R-15, to Revise the Land Use Phm by Deleting the Office and Service Area and Ad- ding in Lieu Thereof A Civic, Conven- tion and Hotel Area and By Deleting the Additional Controls and Objee- fives for Area I and Adding in Lieu Thereof New Additional Controls nad Objectives for Area 1. WHEREAS, on May 18, 1967, the City Council of the City of Dubuque, Iowa, after public hearing, duly adopted an Urban Renewal Plan for tho Downtown Urban Renewal Area Project, Iowa R-15 (herein called the "Project"); and WHEREAS, the City of Dubuque as tho Local Pub(lc Agency, is carrying out the Project in conformance with the approved Urban Renewal Plan; and WHEREAS, it is proposed that the City of Dubuque make certain amend- ments to the Urban Renewal Plan to accommodate the development of a convention hotel within the Urban Renewal Area; and WHEREAS, the Planning and Zen- ing Commission on June 20, 1984 con- sidered proposed amendments to the Urban Renewal Plan and determined that said amendments conform to the purposes of the Urban Renewal Plan and the general plan for the develop- meht of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RE- 254 Special Sessioa. June 25, 1984 SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQIJE, IOWA: Section 1. That the Urban Renewal Plan for the Downtown Urban Renewal Projec~ Iowa R-15, be amend- ed as follows: 1. By deleting Land Use Plan Map, Exhibit R-213-C1, and adding in lleu thereof Land Use Plan Map, Exhibit R-213-C1, Revision Number 1, here. to attached and by this reference made a part hereof. 2. By deleting the Office and Service Area subsection of C.2.a. Permitted Land Uses and adding in lieu there- of the following: "CIVIC, CONVENTION AND HOTEL AREA (1) Function: This area is intended to function as a civic, convention en- tertainment area related to the Central Business district ICBD) retail area and other downtown- oriented activities. (2) Permitted Uses: The following uses shall be permitted. (a) Retail Trade. All retail estab- lishments permitted in the CBD retail area shall also be permitted in the civic, conven- tlon and hotel area. lb) Services. All services per- mitred in the CBD retail area shall also be permitted in the civic, convention and hotel area; and in addition, govern- mental headquarters and ad- ministratlve offices of govern- mootal or other public agen- ties, civic organizations, audi- toriums, libraries, private clubs and similar compatible (c) Off-Street parking. 13) General Development Objectives: The development of this area shall: --provide the focal point for civic, convention, lodging and entertainment activities in the downtown area. --provide for an attractive and functional linkage from the civerfront, hotel, entertain-. ment and tourist activities south of Fourth Street to the Town Clock area to the north. --provide for safe and con- venient pedestrian interchange between land use districts to the north and south. -- provide adequate screening of ali on-site service and parking facilities from pedestrian view. (4) Floor Area Ratio: A floor area of up to seven times the development area shall be permitted. (5) Maximum Ground Coverage: 100 percent. 16) Signs: Subject to the same development and design objectives as the CBD retail area. 17) Off-Street Parking: Parking spaces shall be provided as required in each request for de- veinpment proposals, provided that parking spaces shall not be required for uses containing less than 50,000 feet of gross floor area. Those uses containing 50,000 feet of gross floor area or more shall provide one parking space for each 3,000 square feet of gross floor area up to 50,000 square feet, For each additional 2,000 gross floor area in excess of 50,000 square feet one additional parking space shall be provided. (8) Off. Street Loading: Off-street loading spaces shall be provided as required in each re- quest for development proposals, provided that no less than one off-street loading berth shall be provided for each~ 100,000 square feet of floor area. Consolidated loading facilities serving eh- tire blocks, or portions of blocks, should be provided where~ ever applicable. Access to such facilities should be provided from a screened alley or court." 3. By deleting (1) Area 1 of C.2.b. Addi- tional Controls a~d Objectives and ad- div~ in lieu thereof the following: "(1) Area 1 "(1)--Tbe primary objective for this area is to provide a site or sites for major new develop- meat, which will visually and physically define the south- Speeial Session, June 25,1984 255 ern lim/ts of the retail core. This area will also provide a major activity area which will llnk the vidtor and tourist areas to the south with the of- fica and retail core to the north. --A major new building or building complex in this area should serve as a skyline els- raent by which pedestrians and motorists approaching the central area can orient themselves. --Main Street, between Fifth and Fourth Streets, and the alleys to the east and west of Main Street may be vacated to permit land assembly for development and design pur- poses. -- The design of new buildings should provide for display windows, building entrances, etc. necessary to achieve ac- tire street frontage and shop- per/visitor conveniences a- long Main Street. -- The development of air rights over public pedestrianways and vehicular access areas may be permitted where it can be demonstrated that the resulting design and develop- ment better achieves the ex- press objectives of this Ur- ban Renewal Plan." Section 2. That the City Clerk of the City of Dubuque, Iowa, be and she is hereby authorized and directed to file a certified copy of this Resolution in the Office of the Dubuque County Recorder. Passed, approved and adopted this 25th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluosner: Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfuldt, Manning. Nays--None. Absent--Council Member Hammel. Communication of City Manager re- questing approval of resolution regar- ding disposition of Urban Renewal Site for development of Convention Hotel, presented and read. Council Member KIoosoer moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the fo]- lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Abcent--Councll Member Hammel. RESOLUTION NO, 192-84 Resolution (1) Approving the Minimum Requirements, Competitive Criteria, Offering Documents and Pro- cedurce for Disposition of Downtown Urban Renewal Disposition Plnn Parcel Number 4-2 and (2) Soliciting Proposals to Purchase said Parcel for Development of a Convention Hotel. WHEREAS, the City of Dubuque, Iowa, did on May 18, 1967, adopt an Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15 (the "Plan"); and WHEREAS, such Plan has been amended from time to time to permit the City to respond to development op- portunities as and when they may ap- pear; and WHEREAS, the City Council finds that it is in the public interest to dispose of Disposition Parcel Number 4,2 for development as a convention hotel; and WHEREAS, in order to establish reasonably competitive bidding pro- cedures for the disposition of the pro- party in accordance with the statutory requirements of Chapter 403, Code of Iowa, 1981 and particularly Section 403.8, 'and to assure that the City ex- tends a full and fair opportunity to ali redevelopers interested in submitting proposals, a summary of submission requirements and minimum require- ments and competitive criterii for the property have been prepared and is at- tached hereto as Exhibit A and by this mlerunea is made a part ber~ sets out the minimum requirements each ruposal must satisfy in order to qualify for consideration wth respect to the competitive criteria, the infor- mation and documents which must be submitted, and the schedule for sub- mission and the selection procedures; and Special Session, June 25,1984 WHEREAS, the City Council believes that it is in the best interest of the City and the plan to act as ex- peditinasly as possible to offer this property for redevelopment as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following legally described property known as Disposi- tton Parcel Number 4-2 shall be offered for disposition for r~development in ac- cordance with the terms and condi- tions contained in this Resolution, to Block 14 in "DUBUQUE DOWN- TOWN PLAZA", in the City of Dubuque, Iowa, according to the Plat thereof, recorded as Instru- ment No. 6305-73, Records of Dubuque County, Iowa. Section 2. That the disposition pr/ce of the property shall be the amount of $193,123.00 outright purchase of the property, which pr/ce is its fair value as established previously by Council Resolution No. 33-78, provided however, that said disposition price will be subject to revision upon accep- tance and approval of a more curr~nt appmleal of the property's fair value for use in accordance with the Urban Renewal Plan Sectinn 3. That it is hereby determin~ ed that in order to qualify for con- sideratlon for selection, each developer must submit a proposal which meets these minimum requirements: a. Is in the amount of the "fixed sales price"; b. Provides for development of a convention hotel of at least one hundred seventy-five (175~ rooms, a ballroom with capaci- ty for at least three to four hundred ~300-400) persons, a minimum of six (61 meeting rooms; Provides for on-site parking of at least one and oue.quartor 11.25) parking spaces per hotel room plus not less than one hundred tl00t additional spaces; and Provides for loading and unloading spaces for auto- mobiles and service vehicles Provides for a skywalk connec- tion to the Five Flags Civic Center in alignment with the mezzanine level of the Prome- nade area; Provides for the development of active, pedestrian oriented, office and service uses with display windows, building en- trances, lobbies, etc. necessary to achieve active street frun- tege and shopper/visitor conve. niences along Main Street frou- tage; Includes a construction schedule which meets the following: construction shall commence within one hundred eighty 1180) days of con- veyance and shall be completed within eighteen 1181 months of the date of conveyance; Provides a market study demonstrating the feasibility of the particular redevelopment proposal. This narrative must include an analysis which demonstrates that the type, price end configuration of rooms and commercial space proposed Will be rented within a reasonable period of time. The narrative must also iden- tify the particular project amenities or design features which wilt enhance market- ability. Includes demonstrative evi- dence of the financial capacity of the redeveloper to timely commence and complete the proposed project; Sets out the experience of the principals, key staff and con- saltante of the redeveloper in carrying out projects of a scale and character similar to that proposed; and Special Session, June 25,1984 257 k. If tax increment financing is proposed, the redeveloper must submit a statement of intent to enter an agreement with the City of Dubuque fixing a minimum assessment for the development for that period of time necessary for taxes paid on the property to equal the debt service for the Urban Renewal Tax Increment Bonds. Section 4. That it is hereby determin- ed that each proposal submitted which satisfies the minimum requirements, as determined by the City Council shall be reviewed on the basis of the strength of such proposal as judged by the following competitive criter/~. a. Quality of the proposed devel- opment: (1) The hard costs and total cost of the project by square foot, excluding land value. 12) The types of materials shown for construction of the interior and exter- ior of the structure. (3) Overall project ameni- ties. b. Architectural design of the prc- posed development: (1) The compatibility of the design with the existing adjacent structures, vis- tas, pedestrian and vehi- cuisr activities and with the future development of adjacent blocks. (2) The functional design of the site and functional design of the structure, including the resolution of the relationships be- tween pedestrians and vehicles within the de- velopment and in con- junction with adjacent structures and streets. (31 The aesthetic quality of the development. (4) The type, size, and ar- rangements of facades along each street front- age. c. Economic feasibility of pro- posed project: (1) The feasibility of the proposed development based on its responsive- ness to identified market needs and the extent and the nature of the nmr- keting effort proposed. (2) The economic return to the community provided by tho proposed develop- ment, including the texes generated, number of jobs provided, and the encouragement of siraJisr and related development in the downtown area. (3) The ability of the pro- spective developer to fi- nance and complete the project as proposed. Section 5. That the official notice of this offering shall be a true copy of this Resolution, but without the at- tachments referred to herei~ Section 6. That the City Clerk is author/zed and directed to secure ira- mediate publication of said official notice in the Telegraph Herald, a newspaper having a general circule~ tion in the community, by publication of the text of this Resolution on or before the 26th day of June, 1984. Section 7. That written proposals for the purchase of the property for development of a convention hote~ parking and supporting uses will be received at the Office of the City Clerk, City Hal~ 13th Street and Central Avenue, Dubuque, Iowa 52001 at or before 10:00 A.M., July 26, 1984. Each proposal will then be publicly opened at the hour oflO:OO A.M. in the Council Chambers, City Hal~ Dubuque, Iowa on July 26, 1984. Said proposals will then be presented to the City Council at Z'30 P.M. on July 26, 1984, at a public meeting to be held in the Coun- cil Chambers, City Hal~ Dubuque, Ioww Section 8. That all proposals shall be in substantial compliance with the pro* visions of Section 403.8, Code of Iowa, 1981, requiring "reasonable com- petitive bidding procedures" as same are herein prescribed which method is hereby determined to be the ap- propriate method for making the pro- perty available for dispositio~ Section 9. That the required documents for the submission ofa pro- posal shall be in substantial conferral- ty with the provisions of this Resolu- 258 Special Session0 June 25, 1984 ties and shall include those forms and documents listed in the Information and Instructions for Submission of Proposals (Exhibit A). Section 10, That a meeting to clarify submission procedures, to respond to developer questions, and to provide assistance in the formulation of pro. posals shall be held at 10:00 A.M., July ~ 1984, in the Office oftheDirseWro the Department of Community Developmen~ Dubuque, Iowa 52001. Any other inquiries must be made in writing prior to July 13, 1984 and will l~ responded to in writing. Section 11. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals at the date and ac- cording to the procedure herein above specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the minutes of the Council That the City Manager be and is hereby authorized and directed to make preliminary analysis of each such pm- posal for compliance with the minimum requirements established by this Council herein above. For each proposal which satisfies these re. quirements, the Council shell judge the strength of the proposal by the eom- petitive criteria established hereir~ Council shall then make the final evaluation and selection of the pro. posals. Passed, approved and adopted this 2§th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueener moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kinesner, Kronfoldt, Manning. Nays--None. Absent--Council Member Hammai. Council Member Kluesner moved, to remove the Walke~-Oneida Sanitary Sewer Project from the table. Second- ed by Council Member Kcanfeldt. Car- ried by the following vote: yens--Mayor Brady, Council Mem. bers Beurekens, Deich, Kinesanr, Kranfeldt, Manning. Nays--None. Absent--Council Member Hammel. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of N~ceeeity for public improvement and public bearing on sroposed plans and specifications, etc. for construction of Walker-Oneida Sanitary Sewer; Proof of publication, certified to by the Publisher, on Notice to property owners advising of public hearing to be held for above project; and Cer- tificate of City Clerk cer tilyin~ notices were sent to known property owners adviai~4: of public hearing for above, presented and read, Eugene Bauer, Scott Potter and Gene Bird objected to the assessment of the project as presented. Council Member Benrekens moved that the proofs of publication and the Clerk's certificate be received and fil- ed. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrskans, Deich, Kinnsner, Kroninldt, Manning. Nays--None. Absent--Council Member Hammel. Council Member Kronfeldt moved to amend the Project to eliminate certain lots or portions thereof {Lote 617, 618, 619, 620, 621, 625, 626, 627, 628) from the Sanitary Sewer Project located on Inwoed South of Walker St. Seconded by Council Member Manning, Carried by the following vote:* Yens--Mayer Brady, Council Mem- bets Benrskans, Deich, Kinennar, Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. Necessity for Improvement RESOLUTION NO. 154-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Special Session, June 25,1984 259 Dubuque 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 valuation of ench lot as fixed by the City Council, for tbe walker-Oneida Sanitary Sewer, 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- rises to the resolutions of necessity, they shall bo deemed to have waived ail objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk, That the cost and expense of making 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 Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of defer- red payments of assessments when a contract has been performed and ac- cepted, and the proceeds thereof used to pay the contractor. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 21st day of May, 1984, Approved and placed on ~e for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Record of Final Adoption The foregoing resolution was final passed and adopted, as amended, by the City Council this 25th day of June, 1984. James E. Brady Mayor Certificate of Clerk It is hereby certified that at the time set for the final consideration of 'tha above resolution no remonstrance had been fried with the Clerk signed by owners subject to seventy*five percent or more of the amount of the proposed Mary A. Davis City Clerk Council Member Benrekens moved adoption of the Resolution, as amend- ed. Seconded by Council Member Klueaner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Benrskens, Deich, Klueaner, Kronfoldt, Manning. Nays--None. Absent--Council Member Hammai. Decision of Council Upon Objections to Plans, Specifications, Form of Con- tract and Cost of Improvements RESOLUTION NO. 195-84 WHEREAS, proposed plans and specifications and form of contract for the Walker-Oneida Sanitary Sewer have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by the Cede of Iowa pertaining to public contracts and bonds, and the time and place fix- ed for the hearing of ali objections to said plans, specifications or contract for or cost of such improvements, said time being this 18th day of June, 1984; and tabled to meeting of June 25, 1984. WHEREAS, the City Council met in special session this 18th and 25th day of June, 1984, at 7:30 p.m. at the Public Library Auditorium and the City Hall Council Chambers for the purpose of henring ali interested par- ties and considering any and all objse- rises which have been filed to the pro- posed plans, specifications or contract for or cost of the improvement herdn described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have b~n duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and flied to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and each plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 25th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bearskens moved adoption of the Resolution. Seconded by Council Member Kluesnsr. Carried by the following vote: Ycas--Mayur Brady, Council Mem- bors Beurskens, Deich, Khieaner, Kronfeldt, Manning. Nays--None. Aheent--Councli Member Hammel. (Ordering Construction) RESOLUTION NO. 194-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a resolution of necessity No. 134-84 which was duly passed by this Councli for the Walker- Oneida Sanitary Sewer be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the ps. ti- tion of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in Special Se~sioe, June 25,1984 the office of the City Clerk, BE IT FURTHER RESOLVED that the cost and expense of making said improvement will be assessed par- tialiy or totally against privately own. ed property lying within the assess- ment limits, and in an amount not to exceed that provided by law, and in proportion to special benefits confer- red. The portion of the cost which shall be borne by the City will be paid from the Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of defer- red payments of assessments when a contract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. on the 6th day of July, 1984. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Councli for final action at a meeting to be held at the Public Library Auditorium at 7:30 p,m. on the 16th day of July, 1984. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity sben be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 25th day of June, 1984. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kinesner, Kronfeldt, Manning. Nays--None. Special Session, June 25, 1984 261 Absent--Council Member Hammel. Communication of City Manager recommending approval for release of UDAG Funds for the Dubuque His- toric Improvement Company "Red- stone" Rehabilitation Project, pr~ sented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Ycas--Mayar Brady, Council Mem- bors Beurskens, Deich, Kluesner Krenfeldt, Manning. Nays--None. Absent--Council Member Hanunel. RESOLUTION NO. 195-84 A Resolution Authorizing Submiasinn of a Request for a Release of Funds for the Dubuque Historic Improvement Company "Redstone" Rehabilitation Project (UDAG) WHEREAS, the City of Dubuque, Iowa in conformance with the En- vironmentai Review Procedures for the Urban Development Action Grant Program convened an Ad Hoc Com- mittee on April 9, 1984 which com- pleted an environmental assessment of the following identified project to be funded by an Urban Development Ac- tion Grant: Dubuque Historic Improvement Company "Redetons" Rehabilitation Project WHEREAS, pursuant to Resolution NO, 92-84, adopted April 16, 1984, public notice of a "Finding of No Significant Effect on the Environ- ment" for the above project was published April 20, 1984 in the Dubu- que Telegraph Herald, a newspaper of general circulation and provided for a public comment period until 12:00 Noon on Friday, April 30, 1984; and WHEREAS, public notice of a "Fin- ding of No Signillcant Effect on the Environment" for the project was sent by regular mail to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be appropriate to receive each a public notice; and WHEREAS, any and ail objections, if any, to such proposal has been duly considered; and WHEREAS, it is the intent of the City Councli to authorize the submis- sion of a request to the U.S. Depart- ment of Housing and Urban Develop- ment for the release of funds to carry out the above-identified project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk where said record may be examined and copied by any in. ter~sted party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- merit of Housing and Urban Develop- m~nt, a request for release of funds in the amount of $125,000.00 to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Ac~ insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision- making, and action assumed and ca~ ~ied out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and actio~ Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the eh- vironmentdi review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public no tice for a Request for Release of Funds in the form of Ex. hibit A, attached hereto and made a part thereof 262 Passed, approved and adopted this 25th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskeus, Deich, Klucener, Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. Communication of City Manager questing release of Community Development Block Grant Funds for the Dubuque Historic Improvement Company "Redsteue" Rehabilitation Project, presented and read. Council Member Beurskens moved that the ceuunuhication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Kinesner Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. RESOLUTION NO. 196-84 A Resolution Authorizing Submission of a Request for a Release of Funds for Dubuque Historic Improvement Com- pany "Redstone" Rehabilitation Pro- ject (CDBG) WHEREAS, tho City of Dubuque, Iowa in conformance with the En- vironmeutal Review Procedures for the Urban Development Action Grant Program convened an Ad Hoc Com- mlttee on April 9, 1984 which com- pleted an environmental assessment of the following identified project to be funded by a Community Development Block Grant: Dubuque Historic Improvement Company "Redstone" Rehabilitation Project WHEREAS, pursuant to Resolution No. 92-84, adopted April 16, 1984, public notice of a "Finding of No Sig- Special Sessioe. June 25, 1984 nilicant Effect on the Environment" for the above project was published April 20, 1984 in the Dubuque Telegraph Herald, a newspaper of general circulation and provided for a )ubllc comment period until 12:00 Noon on Friday, April 30, 1984; and WHEREAS, public notice of a "Fin- ding of No Significant Effect on the Environment" for the project was sent by regular mail to various federal, state and local public agencies and to local news media, individuals and groups known to bo interested and believed to be appropriate to receive such a public notice; and WHEREAS, any and ali objections, if any, to such proposal has been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submis- sion of a request to the U,S. Depart- ment of Housing and Urban Develop- ment for the release of funds to carry out tho above-ideutilied project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the l~nvironmentul Review Record for the project shall continue w r~main on file in the Office of the City Clerk where said record may be examined and copied by any in~ terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- men~ a request for release of fande in the amount of $35,000 to undertake the project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Acg insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision- making, and action assumed and car, tied out by the City of Dubuque as to Section 4. That the Mayor of the City Special ~esion, June 25, 1984 of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews decision-making and actio~ Section 5. That the Mayor ofthe City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the vironmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request far Release of Funds in the form of Ex. hibit A, attoched hereto and made a part thereof. Passed, approved and adopted this 25th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bcurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dsich, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member HammeL Communication of City Manager submitting Ordinance providing for rate increase for Basic Cable Televi- sion Services and Communication of Paul R. Sutton expressing opposition to Cable Ordinance mandating a fee in- crease to Group W Cable, presented and read. Council Member Beurskens moved that the communications be received and filed. Seconded by Council Member Kluesnor. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Bcurskens, Kluecuer, Kronfeldt, Manning. Nays--Council Member Dsich. Absent--Council Member Hammel. Jim Weber, General Mgr. of Group W Cable, requested final adoption of the Ordinance. An ORDINANCE Amending the Code of Ordinances by enacting new subsections (a), (b), (c), (d), (e), (t), (g), (h) and (i) of Section 36-188 in lieu thereof providing for the monthly subscriber rates and charges for Cable Television Basic Services, presented and read. Council Member Beurskena moved that the reading just had he con- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Kluesner, Kronfeldt, Manning. Nays--Ceuncil Member Deich. Absent--Council Member Hammel. An ORDINANCE Amending the Code of Ordinances by enacting a new Section 7-46 in lieu thereof providing for the confinement of animals, said Ordinance presented and read at the Council Meeting of June 18, 1984, )resented for further action. Dr. Merrill Vanderieo stated that confinement of the animals at a veterinarians is not necessary if pro- perky vaccinated. Council Member Manning moved that the Ordinance be tabled. Second. ed by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Dalch, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member HammeL RESOLUTION NO. 197-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the fofiowln~ 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. ARA Services A Y McDonald Co. 4800 Chavenelle Rd. ARA Services William C. Brown Co. 2460 Kerper Blvd. 264 Special Session June 25,1964 ARA Services FDL Foods 701 E. 16th St. ARA Services Flexteel Industries 5200 Jackson St. Dodge House Corp. 701 Dodge St. Greg R. Hm~vood 5198 Central Ave. Mary Leu Kamp 400 Central Ave. Mike McCann 690 West Locust St. TFM Co. Oky Doky//6 1250 lows St. TFM Co. Oky Doky ~9 51 West 32nd St. Heinz Convenience Stores, Inc. Oky Doky F7 3301 Pennsylvania Will-Co. Inc. Oky Doky #10 805 W. 5th St. James E. Bauer 4~1 Rhomberg Ave. Tri-State Independent Blind Society 1098 Jackson St. Beverly Larsen 30~0 Asbary Rd. Donna M. Ginter 1701 Asbary Rd. A~gelina A. Bertolini 1298 Main St. Robert Spiegelhalter 2364 Washington St. Robert R. Gross 1700 Central Ave. Benevolent & Protective Order of Elks 2699 Kennedy Rd. Bonanza Family Restaurant 3350 Dodge St. John Hall 31 Locust St. Judy O'Connell 504 Central Ave. Capital Tobacco Corp. 175 West 32nd St. Sears-Roebuck Co. 300 S. Locust St. Fraternal Order of Eagles #568 1175 Century Dr. Kenneth F. Barhen Donut Hut #1 1675 Kennedy Rd. Kenneth F. Beehen Donut Hut #2 2~0 Central Ave. Kenneth F. Bechen Donut Hut//3 607 E. 22nd St. Passed, approved and adopted this 25th day of June, 1994. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Khiesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Hammei. RESOLUTION NO. 198-84 WHEREAS, Applications for Li- quor Licenses have been submitted to his 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 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. SPECIAL CLASS "C" BEER -- WINE LICENSE Gary L. Germaln 340 West 5th St. Passed, approved and adopted this 25th day of June, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded Special Session, June 25,1984 by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. MINUTES SUBMITTED: Airport Comm. of 6-12; Park & Recreation Comm, of 6-12, presented and read, Council Member Kluesner moved that the minutes be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Klueener, Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. Communication of City Manager submitting EDA Project No. 05-01-01974 Audit (Dubuque In- dustrial Center), presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Bearskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Kluesner, Kronfaldt~ Manning. Nays--None. Absent--Council Member Hammel. Mr. Robert Schmidt, Chairperson of the Airport Comm. spoke of Airport leases and concerns. There being no further business, Council Member Klueener moved to adjourn. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeld~, Manning. Nays--None. Absent--Council Member Hammel. Mary A. Davis City Clerk Approved 1984 Adopted 1984 Mayor Councfl Members ATTEST: City Clerk 265 Special Session June 29, 1984 CITY COUNCIL OFFICIAL Special Session, June 29, 1984. Council Met at 5:15 o'clock p.m., in the City Hall Council Chambers. Preocnt--Mayar Brady, Council Members Beurskens, Hammel, Kluesner, Manning, City Manager W. Kenneth Gearhart. Absent At Roll Call--Council Member Deich. Absent--Council Member Kron- feldt. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider documents pertaining to the downtown develop- ment project and acting upon such other business which may properly come before the Council. Communication of City Manager sub- mitting two resolutions regarding downtown development and re- questing adoption, presented and read. 5:25 P.M. COUNCIL MEMBER DEICH ENTERED THE CHAM- BERS. Council Member Kfuesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Manning. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 199-84 A Resolution Authorizing the Filing of an Application for a $250,000 Loan Prom the Iowa Community Develop- ment Loan Program for the Down- town Redevelopment Project WHEREAS, the City of Dubuque is entitled to participate in the Iowa Development Loan Program as defin- ed in Division VIII of Senate File 548, Acts of the 70th General Assembly; and WHEREAS, the City of Dubuque is interested in providing for the creation of new jobs and in the continued development of the ecanomic base of the City; and WHEREAS, the City of Dubuque is eligible to apply for funding in the amount of $250,000.00; and WHEREAS, the City of Dubuque has available and will match funds prc- vided through the Iowa Community Development Loan Program with local NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- .CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an ap- plication for participation in the Iowa Community Development Loan Pro- gram for the Dubuque Downtown Development Project is hereby approv- ec~ and the Mayor 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 in the required number of copies the executed applicaffon to the State of Iowa Office for Planning and Program. ming and other appropriate agencies together with such other documents as may be required. Passed, Approved and Adopted this 29th day of Ju~ne, 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 Members Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. RESOLUTION NO. 200-84 A Resolution Authorizing the Loan of Special Session, June 29,1984 267 Community Development Block Grant Funds in an Amount Not to Exceed $380,000 to Dubuque In-Future, Inc. WHEREAS, Dubuque In-Future, Inc. was established as a non-profit Iowa corporation in July, 1980, to render service to the City Council of the City of Dubuque on matters of community interest, in particular to sponsor projects directed to serving the needs of low and moderate income citizens, to the improvement of employment conditions and to the general betterment of the community; and WHEREAS, Dubuque In-Future Inc,, in the course of carrying out its responsibilities, now desires to acquire certain under-utilized properties in the Dubuque downtown area for redevel- opment in accordance with City objec- tives; and WHEREAS, Dubuque In-Future Inc. has requested that the City of Dubuque lend to Dubuque In-Futuro Inc. funds in an amount not to exceed $380,000 to aid in the fulfillment of its objectives; and WHEREAS, a loan agreement and promissory note establishing the specific terms and security for the re- quested loan are to be executed and presented by Dubuque In-Future, Inc. for acceptance by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby finds and determines that a public pu~ pose will be served by the loan of Com. inanity Development Block Grant funds to Dubuque In-Futura, Inc. Section 2. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse on submis. sion by Dubuque In-Future, Inc., the acceptance of the City of Dubuque upon the loan agreement and the pro- missory note providing for a loan not to exceed $380,000 to Dubuque In- Future, Inc. according to the terms specified in the documents. Section 3. That the City Manager be and he is hereby authorized to disburse funds according to the loan agreement from the Community Development Block Grant funds. Passed, approved and adopted this 29th day of June, 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- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. Petition of City Manager requesting approval for notification to Economic Development Assn. (EDAI and Office of Planning & Programming (OPP) that the 4th Street EDA Project is no longer a viable project and requesting reallocation of funds, presented and read. Council Member Beurskens moved that the petition be approved and City Manager authorized to notify, Second- ed by Council Member Manning. Car- rled by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. Dubuque Invitational Softball Tour- nament requesting transfer of their Class "B" Beer Permit from Veteran's Park to McAleece Fields, from June 30 to July 8, 1984, presented and read. Council Member Beurskens moved to approve the transfer. Seconded by Council Member Kluesner. Carried by the fonowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt. 268 Special Session, June 29, 1984 There being no further business, Council Member Beurskens moved to adjourn. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- foldt. Mary A. Davis City Clerk By: Karen M. Chestermun Deputy City Clerk Approved. __1984 Adopted __1984 Mayor Council Members ATTEST: City Clerk Re~uhr Session, July 2, 1984 269 CITY COUNCIL OFFICIAL Regular Session, July 2, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers, Present--Mayor Brady, Council Members Beurskena, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- peration Counsel William G. Binm. 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 Paul Gabrielson, Ex. Director of Bethany Home. PROCLAMATIONS: July 8 thru 14 as "Elderhostel Week" received by Jim Nelson of Clarke College. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Man~ing. Nays--Nona. Proof of pubHeation, certified to by the PubHsber, on Notice of Pendency of Resolution of Necessity for public improvements and public hearing upon proposed plans and specs., form of contract and cost of improvement for construction of Chaplain Schraitt Memorial Island Park & Recreation Complex backstop, dugout and in- terlur fencing, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt., Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. (Necessity For Improvement) RESOLUTION NO. 159-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on ~e in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- reent, and an estimate of the cost for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Backstop, Dugout, and Interior Fenc- ing. BE IT THEREFORE RESOLVED that the City Council deems it ad- vieabla and necessary for the public welfare to make the herein mentioned improvement, and unless interested )ersons at the time of the final con- sideratinn of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifiea- tions, contract or estimated cost of the unprovement, they shah be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- c/1 and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from through the CIP levy, private funds and a grant from the Iowa Con- eervatinn Commission and the U.S. Department of the Interior. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 4th day of June, 1984. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Record of Final Adoption The foregoing resolution was finally )assed and adopted, as proposed by the City Council this 2nd day of July, 1984J