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1987 January Council ProceedingsINDEX -- BOOK 117 1987 SUBJECT PAGE Z Jan. 5--Zoning reclassification at 3100 Raven Oaks Driv~ ........ 3 5--Zoning reclassification for property south of Asbury Rd., north of Dana and East of Southway Drive from R-4 Multi-Family and OR to PC Planned Comm. Unit. (Du-Trac) ............ 4-7 5--Zoning for property at NW corner of junction of Hwys. 52, 61 & 151 from AG to C-3 ................................ 7-8 5--Zoning reclassification for certain properties in the Loras College area ................................................ 9-14 5--Zoning reclassification requested at 468-470 Lincoln (Boyes). 21, 32 5--Zaber, J. Thomas, Claim; Denial ........................ 23, 147 Jan. 19--ZONING BOARD OF ADJUSTMENT SUBMITTING MINUTES ....... 63, 144, 230, 246, 259, 325, 359, 388, 444, 475, 490 Mar. 16--Zoning change for Powers property east of JFK & south of Fire Station ............................................. 128, 155 May 4--Zigenfuss, Mellnda, Denial/Closure of Claim .............. 212 May 18--Zoning Board of Adjustment advising of variance at 1210 Park St ................................................. 231 June 8--Zoning reclassification in Second Street Harbor from HI Heavy Ind. to CR Commercial Rec. District .................... 243, 250 July 20--Zoning change request (by A. Erschen), for property east of Cedar Cross Rd. from AG Agricultural to CS Corem ....... 288, 368 Aug. 17--Zoning change for Menard property'at U.S. Hwy. 20 and east of McDonald Drive from AG to C-3 ..................... 331, 369 Sep. 8--Zirkalbach, Dennis J. -- Happy Hour, Class "C" Liquor License~ 377 Sep. 21--Zoning proposed change for property at 2640 J.F. Kennedy Rd. etc ................................................. 286, 392 Oct. 5--Zoning change at 2234 & 2236 Central Av~ .............. 391 Oct. 19--Zoning change for property known as "Castle Ridge Estates" (G. Kennedy property-east on N. Grandview between Kaufmann & Kana ............................................ 419, 432 Nov. 16--Zoning change -- Finley Hospital, Conceptual Devel. Plan.. ................................................ 450, 462-465 " 16--Zoning change of property at 100 E. 4th St. adjacent to Chi. C. RR tracks ........................................ 454, 481 Dec. 7--Zoning of 4th Street area, report etc ..................... 470 Dec. 21--ZoningOrdinance amendment-- allowingmini-warehousingas a conditional use in the C-2 District ..................... 484 " 21--Zoning Ordinance & Zoning Map by defining Ware-housing in Section 8 & enacting New Section 3-3.2A of the C-2 Neighborhood Shopping Center District to allow mini- warehousing as a conditional use with certain provisions... 484 Regular Session, January CITY COUNCIL OFFICIAL Regular Session, January 5, 1985. Coundfl Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Mayor Brady read the call and stated this .meeting is the REGULAR MEET- ING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Paul Steimel, Pastor of St. Mary's Catholic Church. PROCLAMATION(S): Week of Jan- nary 4 thru 11 as "National Bowling Week" received by Sue Hayes, Pres. of WBA; January 19, 1987 as "Martin Luther King Day': RESOLUTION NO. 14~7 HONORING THE LIFE OF PETER CRIVARO, MAYOR OF THE CITY OF DES MOINES, IOWA WHEREAS, Petor~(Pete) Crivar~ Mayor of the City of Des Moines, Iowa, passed away on December 24, 1986 after seven years as the leader of Iowa's capital city; and WHEREAS, with his heart and mind and toil, Pete Crivaro contributed mightily to the renaissance of Des Moines and left a wide wake for all those to follow in his footsteps, to dream as he ,dreamed; and WHEREAS, Pete Crivam's ch~racte~ istlcs of leadership and statesmanship expressed his deep love and concern for his city and the importance of the political process for a city to govern itself and to shape its own destiny; and WHEREAS, the flexibility of Pete Crivaro is best exemplified by his will- ingness to develop practical solutions to difficult problems, to adapt to change, 5, 1987 1 and to seek and support innovative ap- proaches for meeting the complex challenge of governing a major city; and WHEREAS, Pete Crivaro gave fully and unselfishly of himself to the geve~ ning of Des Molnes with an idealism that was real and down to earth; and WHEREAS, Pete Crivaro was a strong supporter of Iowa cities and his llfe is an important opportunity for all local elected officials to improve their understanding and appreciation of their contribution to local government. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and the City Council of the City of Dubuque ex- press to the citizens of Des Mnines, Iowa and to the Crivaro family their deepest sympathy for the loss of Mayor Peter Crlvaro on Wednesday, December 24, 1986. Section 2. That the City Clerk is hereby authorized and directed to send a certified copy of this resolution to the Mayor Pro-Tem and City Council of the City of Des Molnes, Iowa and to the Crivaro family. Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolutior~ Seconded by Council Member Simon, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Krenfeldt, Man- ning, Simon. Nays--none. Proof of publication, certified to by the publisher, on Notice of Public Hearing to consider the proposal to execute Par~ tial Releases of real estate liens of th~ City arising out of a mortgage for real estate owned by FDL Foods, Inc., presented and read, There were no writ- ten objections received and no oral 2 Rel~ular Session objectors present at the time of the Hearing. Council Member Kronfeldt moved that the proof of publication be recciv- ed and filed. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg. Kronfeldt, Man- ning, Simon. Nays--Nong RESOLUTION NO. 2-87 A RESOLUTION AUTHORIZING THE CITY OF DUBUQUE, IOWA, TO EXECUTE PARTIAL RELEASES OF REAL ESTATE MORTGAGE AND PARTIAL RELEASES OF FINANC- ING STATEMENT AS TO CERTAIN PROPERTY OWNED BY FDL FOODS, INC. AND DESIGNATED FOR RIGHT-OF-WAY ACQUISITION BY THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, pursuant to Resolution and published Notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa, on December 23, 1986, the City Council of the City of Dubuque, Iowa, met on the 5th day of January, 1987, at 7:30 o'clock EM. in the Public Library Auditorium, 11th and Bluff Streets, in the City of Dubuque, Iowa, to consider the proposal to dispose of interests in certain real estate by executing Partial Releases of a Real Estate Mortgage fil- ed December 9, 1982, as Instrument Nb 6742-82, and a Financing Statement Iff- ed December 9, 1982, as Instrument No. 6743-82, as to the following described real estate located in the City of Dubu- que, Iowa, only: Those portions of the following: Lot I of Block 2 & Lot I of Block 5. Dubuque Packing Company Addition: Lot 2 of Lot 2 of River- ~ont Subdivision Nb 4: Lots 469. 470. & 471 of East Dubuque Ad- dition No. 2 in the City of Du- buque, Dubuque County, Iowa. designated for right-of-way ac- quisition in the drawings attach- ed To the Iowa Depar~men~ of January 5, 1987 Transportation Partial Acquisi- tion Contract filed November 20, 1986, as Instrument No. 11232- 86; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to dispose of interests of the City of Du- buque, Iowa, in the hereinabove real estate; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the disposition of in- terests by the City of Dubuque, Iowa, in the hereinbefore described real estate by the execution of a Partial Release of Real Estate Mortgage and a Partial Release of Financing Statement~ be and the stone is hereby approved. Section 2: That the Mayor of the City of Dubuque be and he is hereby directed and authorized to execute a Partial Release of the real estate lien arising out of a Mortgage filed December 9, 1982, as Instrument N(x 6742-82, and the City Clerk be and she is hereby directed and authoF~zed to attest said instrument and deliver the same forthwith for recorda- tion by the Recorder of Dubuque Coun- ty, Iowa. Section 3: That the Mayor of the City of Dubuque be and he is hereby directed and authorized to execute a Partial Release of Financing Statement arising out of a Financing Statement tiled December 9, 1982, as Instrument N(~ 6743-82, and the City Clerk be and she is hereby authorized to deliver said in- strument forthwith for recordation by the Recorder of Dubuque County, Iowa. Section 4: That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 5th day of January, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Krordeldt moved adoption of the Resolution. Seconded by Council Member Manning, Carried by Regular Session January 5, 1987 3 the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider reclassification of property at 3100 Raven Oaks Drive from PR to R-4 District, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and flied. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 1-87 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA. PROVIDING THAT THE CODE OF ORDINAN- CES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOE ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSI- FYING HEREINAFTER DESCRIB- ED PROPERTY AT 3100 RAVEN OAKS DRIVE FROM PR PLANNED RESIDENTIAL DISTRICT TO R-4 MULTI--FAMILY RESIDENTIAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of December 15, 1986, pre- sented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 1-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANC- ES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOE ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSI- FYING HEREINAFTER DESCRIB- ED PROPERTY AT 3100 RAVEN OAKS DRIVE FROM PR PLANNED RESIDENTIAL DISTRICT TO P~4 MULTI-FAMILY RESIDENTIAL DISTRICq~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter describ- ed property from "PR Planned Besiden- rial District" to "R-4 Multi-Family Residential District", to wit: Lot 1 of the Subdivision of Lot 2 of Lot 1 of "Raven Oaks" in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Conunissinn of the City of Dubuque, Iowa. Passed, Adopted and approved this 5th day of January, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of January, 1987. Mary A. Davis City Clerk It 1/8 CounCil Member Kluesner moved final adoption of the Ordinanc~ Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--Nona Proof of publication, certified to by the publisher, on Notice of Public Hearing to consider reclassifying property south 4 Regular Session of Asbury Read, north of Dana Drive and East of South Way Drive from R.4 and OR District to PC District (DuTrac Credit Union), presented and read. There were no written objections received and no:oral objectors present at the time of the Hearing. Council Member Kfuesner moved that the proof of publication be recelved and filed. Seconded by Council Member Deich, Carried by the following vote: Yeas*L-Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Man- nlng, Simon. Nays--None. ORDINANCE NO. 2-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANC- ES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING HEREINAFTER DESCRIB- ED PROPERTY SOUTH OF ASBURY ROAD, NORTH OF DANA DRIVE AND EAST OF SOUTH WAY DRIVE FROM R-4 MULTI-FAMILY RESI- DENTIAL DISTRICT AND OR OF- FICE RESIDENTIAL DISTRICT TO PC PLANNED COMMERCIAL UNIT, said Ordinance having been presented and read at the Council Meeting of December 15, 1986, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 2-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANC- ES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASSI- FYING HEREINAFTER DESCRIB- ED PROPERTY SOUTH OF ASBURY ROAD, NORTH OF DANA DRIVE AND EAST OF SOUTH WAY DRIVE FROM R-4 MULTI-FAMILY RESI- DENTIAL DISTRICT AND OR OF- January5, 1987 FICE RESIDENTIAL DISTRICT TO PC PLANNED COMMERCIAL DIS- TRICT. WHEREAS, Dffrrac Credit Union, ap- plicant, has filed an application for reclassification of said property from R.4 Multi-Family Residential District and OR Office Residential District to PC Planned Commercial District and has fil- ed a Conceptual Development Plan for certain property hereinafter described in accordance with provisions of the Plan- ned Commercial District regulations as set forth in Section 3-3.8D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS the Planning and Zoning Commission has held a public hearing on said Conceptual Development Plan and said application for zoning reclassifica- tion pursuant to required published notice; and WHEREAS, the Planning and Zoning Commission has approved said Concep- tual Development Plan and said applica- tion for zoning reclassification subject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-3.8D(4) of the Code of Ordinances, Ap- pendix A thereof, of the City of Dubu- que, Iowa; and WHEREAS, the Planning and Zoning Commission recommended the concur- fence of the City Council and approval of said Conceptual Development Plan and said application for zoning reclassification; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has held its own public hearing on said Conceptual Development Plan and said application of zoning reclassification pursuant to required published notice; and WHEREAS, the City Council has ap- proved said Conceptual Development Plan and said application for zoning reclassifica~inh subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL Regular Session, January 5, 1987 5 OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowo, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by reclassifying from "R-4 Multi- Family Residential District" to "PC Planned Commercial District" the following described property, to wit: Lot 1, Lot 2, and Lot 3 of Block 1 and Lot 1, Lot 2 and Lot 3 of Block 2 of Westcl~ester Sub- division. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by reclassifying from "OR Office Residential District" to "PC Planned Commercial District" the following described property, to wit: Lot 6 of Block 1, and Lot 4, 5 and 6 of Block 2 of Westehester Sub- division in the City of Dubuque, Iowa. Section 3. That in order to accomplish the purposes of the "PC Planned Com- mercial District" and of the Zoning Or- dinance, the property herein above described and reclassified is so reclas- sified subject t9 the following conditions and restrictions: (A) Use Regulations. The following regulations shall apply to all uses made of land in the above described Planned Commercial District: (1) The principal permitted use shall be limited to: (a) Public or quasi-public utilities including substations [47] (b) Residential use above the first floor [6] (c) Mortuaries and funeral homes [121 (d) Commercial [17]/non-commerc~al art galleries [13] (e) Museums and libraries [13] (t) Schools of instruction [4] (g) Private or public clubs, anditor inms, and assembly halls [20] (h) General office and rental office [14] (i) Medical and dental laboratories [6] (j) Drug and health care supplies [171 (k) Book, stationery [17], office sup- plies, and office furniture [19] (1~ Artist [5] and photographic studio [23] (m) Printing and publishing [32] (n) Bank, savings and loan, and small and industrial loan com- panies, credit unions, with a drive-up or automated facilities [31] (o) Data processing center with abilities for satellite data trans- mission/reception capabilities [141 (p) Business services [29] (q) Personal services [14] (r) Professional services (medical) [36] (2) Accessory uses shell be limited to any use customarily incidental and subordinate to the principal us~ (B) Lot and Bulk Regulations. Develop- ment of the land in this particular PC Planned Commercial District shall be regulated as follows: (1) The primary structure shall provide a minimum thirty (30) foot front yard setback adjoining Asbury Road, a minimum fifty (50) foot front yard set- back adjoining Dana Drive, and a minimum one hundred (100) foot front yard setback adjoining South Way. (2) Accessory structures may be located in the required side yard. (3) No building or structure can exceed forty (40) feet in height. (4) The primary structure shall not ex- ceed 25,000 square feet of gross floor (5) Screening shall be required of all mechanical equipment. (C) Parking Requirements. (I) The off-street parking requirements for the principal permitted uses are as follows: [4] .75 spaces for each person or tenant Regular Session, January 5,198~ known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter describ- ed property from "AG Agriculture District" to "C-3 General Commercial District'; to wit: Lot 1 of Lot 2 of Lot 1, Lot 2 of Lot 2 of Lot 1 and Lot 1 of Lot i of Lot I all of Key Gate Center in the City of Dubuque, Iowa. Section 2. That the foregoing amend- merit has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted and approved tbis 5th day of January, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of January, 1987. Mary A. Davis City Clerk It 1/12 Council Member Kluesner moved final adoption of the Ordinancg Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Proof of publication, certified to by the publisher, on Notice of Public Hearing on Plans and Specifications for the con- struction of offices for the Transit Garage Operation, presented and read. There were no written objections receiv. ed. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Simon. Carried by tlie follow- ing vote: Yeas--Council Members Deich, Kluesner, Krlag, Manning, Simon. Nays--Mayor Brady, Council Member Kronfeldt. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 3-87 WHEREAS, on the 30th day of December, 1986, plans, specifications, f~rm of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Construction of Offices for Transit Garage Operations; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Ktuesner moved final adoption of the Resointion. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krleg, Manning, Simon. Nays--Mayor Brady, Council Member Kronfeldt. Proof of publication, cextified to by the Publisher, on Notice to Bidders, for the receipt of bids for the construction of of- rices for the Transit Garage Operation, AND Communication of City Manager recommending to award contract for the project, presented and read. Council Member Kluesner moved that the proof of publication and the com- Regular Session municatinn be received and filed. Seconded by Council Member Simon. Carried b~ the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--Mayor Brady, Council Member Krenfeldt. Council Member Kronfeldt moved to table action on this Resolution unUil next week. Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Kronfeldt, Manning. Nays--Council Members Deich, Kluesner, Krieg, Simon. MOTION TO TABLE FAILED. Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--Mayor Brady, Council Member Kronfeldt. AWARDING CONTRACT RESOLUTION'NO. 4-87 WHEREAS, sealed proposals have been submitted by contractors for the Construction of Offices for the Transit Garage Operation pursuant to Resoin- tion Nix 259-86 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 4th day of December, 1986. WHEREAS, said sealed proposals ~ere opened and read on tile 18th day of December, 1986 and it has been deter- mined that the bid of Prism Corp., Southwest of Hazel Green, Wisconsin in the amount of $143,800.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and speci- Reations. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City January 5, 1987 9 of Dubuque, Iowa: That the contract for the above im- provement be awarded to Prism Corp., Southwest and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasm'er is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTES52 Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the fofiowing vote: Yeas--Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--Mayor Brady, Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing, to reclassify certain property in the Loras College area, presented and read. There were no written objections received. Virgil Blocker, representing Loras Col- lege, requested favorable approval for the rezoning. Laurel Parker and Lucifie Hildebrand voiced objections to possible ramifica- tions of the new zoning. Elmer Vorwald, Russell Nash, Melva Parker and the Ar- chitect, Mr. Sutter, also spoke to the pro- posed rezoning. Council Member Ktieg moved that the proof of publication be received and filed. Seconded by Council Member Kinesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Coundfl Members 10 Regular Session January 5, 1987 Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 4.87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINAN- CES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF. ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSI- FYING HEREINAFTER DESCRIB- ED PROPERTY AT THE NORTH- EAST CORNER OF COX STREET AND WEST 17TH STREET FROM R-2 ALTERNATE TWO FAMILY RESIDENTIAL DISTRICT TO ID IN- STITUTIONAL DISTRICT;, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 1047, 1065 AND 1091 LORAS BOULEVARD FROM R-1 SINGLE FAMILY RESI- DENTIAL DISTRICT TO ID INSTI- TUTIONAL DISTRICt, BY RECLAS- SIFYING HEREINAFTER DE- SCRIBED PROPERTY SOUTH OF WEST 16TH STREET AND WEST OF MAY PLACE FROM R-3 MULTI- FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICq] AND TO APPROVE A CONCEPTUAL DEVELOPMENT PLAN FOR THE LORAS COLLEGE ID INSTITU- TIONAL DISTRICT. Said Ordinance having been presented and read at the Council Meeting of December 15, 1986, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 4-87 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANC- ES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSI- FYING HEREINAFTER DESCRIB- ED PROPERTY AT THE NORTH- EAST CORNER OF COX STREET AND WEST 17TH STREET FROM R-2 ALTERNATE TWO FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICT;, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 1047, 1065 AND 1091 LORAS BOULEVARD FROM P~I SINGLE FAMILY RESI- DENTIAL DISTRICT TO ID INSTI- TUTIONAL DISTRICTS; BY RE- CLASSIFYING HEREINAFTER DESCRIBED PROPERTY SOUTH OF WEST 16TH STREET AND WEST OF MAY PLACE FROM R-9 MULTI FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICt, AND TO APPROVE A CONCEPTUAL DEVELOPMENT PLAN FOR THE LORAS COLLEGE ID INSTITU- TIONAL DISTRICT. WHEREAS, Loras College, owner and applicant, filed an application for zoning reclassification of property located at the Northeast corner of Cox Street and West 17th Street from R-2A Alternate Two Family Residential District to ID stitutional District, and has filed an ap- plication for zoning reclassification of 1047, 1065, and 1091 Loras Boulevard from P~i Single Family Residential District to ID Institutional District, and has filed an application for zoning re- classification of property south of West 16th Street and west of May Place from R-3 Multi Family Residential District to ID Institutional District, and has filed a Conceptual Development Plan for cer- tain properties hereinafter described in accordance with provisions of the ID In- stitutlonal District regulations as set- forth in Section 3-5.2 of the Code of Or- dinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hearing on said application for zoning reclassifica- tions and said Conceptual Development Plan pursuant to require publish notice; and WHEREAS, the Planning and Zoning Commission has approved said applica- tion for zoning reclassifications and Con- ceptual Development Plan subject to specific conditions and restrictions, hav- lng found that said plan conforms to the review standards applicable to such plans as setforth in Section 3-5.2D(4) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Regular Session WHEREAS, the Planning and Zoning Commission recommended the concup fence of the City Council and approval of said Conceptual Development Plan and said applications of zoning reclassifications; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and held its own public hearing on said Con- ceptual Development Plan and said ap- plications for zoning reclassifications pursuant to the required published notice; and WHEREAS. the City Council has ap- proved said Conceptual Development Plan and said application for zoning reclassifications subject to the same specific conditions and restrictions. NOW. THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinance~ of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoaing Map of the City of Dubuque, Iowa" by reclassifying from P~2A Alter- note Two Family Residential District to ID Institutional District, to wit: Lot 15, Lot 16, Lot 17, and Lot 18 of Kringle~Addition and the adjoining portion of the alley and of W. 17th Street to the center of the right-of-way, all in the City of Dubuque, Iowa. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying from R-1 Single Family Residential District to ID In- stitutional District, to wit: Lot 20, Lot 21, Lot 22, and Lot 23 of Levins Addition and the ad- joining portion of the alleys and Loras Boulevard to the center of the right-of-way, all in the City of Dubuque, Iowa. Section 3. That the Code of Ordinances of the City of Dubuque, Iowa be amend- January 5, 1987 1__1 ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying from R-3 Multi Family Residential District to ID In- stitutional District, to wit: The west 53 feet of Lot 20 of Morgan's Subdivision, Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9, Lot 2 of Lot 3, and Lot 2 of Lot 4, all in the Yates and Pickett Subdivi- sion, ali in the City of Dubuque, Iowa. Section 4. That in order to ac- complish the purposes of the "ID Institutional District" of the Zen- lng Ordinance of the City of Dubuque, Iowa, the Conceptual Development Plan for Loras Col- lege, a copy of which is attached to and made a part hereof, is hereafter adopted and approved for the following described proper- ty, to wit: Lot 1 of Lot 2 of Mineral Lot 90; Lot 2 of Mineral Lot 91; Lot i and Lot 2 of Loras College Place; Lot i and Lot 2 of City Lot 742; Lot 1, Lot 2 and Lot 3 of City Lot 741; City Lot 714; Lots 20 through and including Lot 33 of Levins Addition; all of the alleys in Levins Addition; Lots 15 through and including Lot 18 of Kringle Addition; Lots 30 through and in- cluding Lot 43 of Yates Subdivi- sion; Lots 32A, Lot B and Lot C of Yates Subdivision; Lot 1 and Lot 2, and Lots 12 through and including Lot 15, all of Henion and Baird Subdivision; Lots 1 through and including Lot 8 of Hodgdon Subdivision; Lot A of Hodgdon Subdivision; Lot 820 and Lot 821 of A. McDaniels Sub- division; the West 53 feet of Lot 20 of Morgan's Subdivision; Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9, Lot 2 of Lot 3, and Lot 2 of Lot 4, all of Yates and Pickett Sub- division; Lot 2 of Lot 73, Lot 2 of Lot 74, Lot 2 of Lot 75, Lot 2 of Lot 76, Lot 2 of Lot 77, Lot 2 of Lot 78, Lot 2 of Lot 79, Lot 7lA, Lots 69 through and including Lot 71, Lots 63 through and in- cluding Lot 67~ Lot 80, and Lot 12 Regular Session 2 of Lot 8lA, all of A. R Woods Addition; and the alley from Blake Street East except the pot- tion adjoining Lot 2 of Lot 73 of ~A.P. Woods Addition; all of Helena Street, all in the city of Dubuque, Iowa. Section 5. That in order to accomplish the purpose of the "ID Institutional District" of the Zoning Ordinance, the property here and above described is subject to the following conditions and restrictions: (A) Use Regulations. The following regulations shall apply to ail uses made of land in the above described ID In- stltutinnal District: (1) PrincipM permitted uses shall be limited to the following: (a) Colleges and universities [45] (b) Classrooms, laboratories~ lecture hails, auditoriums and similar places for institutional assembly [45l (c) Offices for administrative person- nel or other institutional employees or affiliates [14] (d) Churches [Ti, libraries and museums [13] (e) Single-family, two family [11] or multi-family dwellings for the housing of institutional residents or affiliates [9] It) Off-street parking and loading [N/Al Ig) Recreational or athletic facilities for the primary use and benefit of institutional residents or afllli- atos [45] (h) Existing private uses of struc- tures situated within an ID Dis- trict for which the R-3 District standards all apply [N/Al (2) Accessory uses. The following uses shall be permitted as accessory uses in the above described ID Institutional District: Ia) Located entirely within a prin- cipal building, bookstores or bars seating not more than seventy- five persons at one time and located not closer than two hun- dred feet 1200') from the nearest Residential or Office Residential District. (b) All other uses customarily in- January 5, 1987 cidental to the principal per- mitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses out- side a principal building. (B) Lot and Bulk Regulations. Develop- ment of land in the ID Institutional District shall be regulated as follows: I1) All buildings, structures and ac- tivities shall be located in conformance with the attached Conceptual Develop- ment Plan and oll final site development plans shail be approved in accordance with the provisions of the ID Institu- tional District regulations as provided in the Zoning Ordinance of the City of Dubuque, Iowa. (2] The expansion of the McClean Family Parking Lot shall add approx- imately 58 off-strcet parking spaces on land west of the existing lot, with land- scape buffering and planting islands. Ac- cess to the new parking lot will be from an adjoining alley. (3) An expansion of the Hoffman Hall Parking Lot shoJl provide a minimum of 30 off-street parking spaces with land- scaping as required by the Zoning Ordinance. (4) A mectimum 36,500 square foot two-level expansion of the existing Wahlert Library will occur to the north of the existing building, with architec- tural style and materials compatible with the existing library. (5) A maximum 48,000 square foot academic building shall be constructed over the existing Glen-Conry Parking Lot, with a maximum of four levels. Parking shall be maintained on a ground level, with two levels of the building ad- jacent to the bluff. A minimum of 20 off- street parking spaces will be added bet- ween the new academic building and Col- lege Center. A third level will be on the same level as the ground floor of the Col- lege Center building, and the fourth level would be at Keane Field level. Access would be from the lower level parking, third level, and Keane Field level, with a pedestrian bridge to span the existing College Center service drive' from Keane Field to the new building. Regular Session (6) A max/mum 15,000 square foot ex- pansion of the College Center on three levels will be constracted, with architec- tural style compatible with both buildings. The same number of off-street parking spaces in this area will be maintained. (7) Landscape buffer strips will be created on the north and south edge7 of the existing McClean Family Parking Lot. with an addition of planting island aiong Alta Vista, when the parking lot is resurfaced. (8) A new parking lot will create a minimum of 50 off-street parking spaces at the northeast coruer of Cox Street and West 17th Street, with landscaping as required by the Zoning Ordinanco~ (C) Performance Standards. The develop- ment and maintenance of uses in the ID Institutional District shall be establish- ed in conformance with the following standards, as well as the regulations of Section 3-5.2 of the ID Institutional District: (1) The proposed construction and landscaping schedule shall occur as follows: (a) The expansion of the McCiean Family Parking Lot and Hoffman Hall Parking Lot shall occur in the Summer, 1987. (b) The expansion of the Wahlert Library shall occur Summer, 1988-Fall, 1989. (c) Tlie proposed construction of the academic building, with parking im- pmvemente, shall occur in Summer, 1989 -- Summer 1991. (dj The expansion of the College Center shall occur in the Summer, 1990. (e) The landscape buffering shall be provided on the McClean Family Park- ing Lot in the summer, 1989-1990; and (t) The new parking lot shall be created at the corner of Cox street and West 17th Street in the Fall, 1989-1990. (D) Site Development Standards, The site development standards for this ID Institutional District shall establish the landscaping and screening requirements as established in accordance with the re- quirements of Section 4-5 of the Zoning Ordinance of the City of Dubuque, Iowa January b, 1987 13 All other site development standards of Section 4-4 shall apply. (E) Additional Standards. (1) The off-street parking requirement for the principal permitted uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the use, as herein described: (9) 1.5 spaces for each dwelling unit. (11) Two spaces for each dwelling unit. 114) One space for each four hundred square feet devoted to office use or one space for each employee on the maximum shift, which- ever is greater. (7) One Space for each four perma- nent seats. (13) One space for each five hundred square feet of floor area acces- sible to the general public. (45) Dormitories -- one space for each bed. Gymnasiums -- one space for each six permanent seats. Lecture halls -- one space for each six permanent seats. Employees -- .75 spaces for each employee on the moximum shift. (2) The amended Conceptual Develop- ment Plan shall be vaiid for a period of five years provided a Finai Site Develop- ment Plan is submitted within one year from the date of approvai. (F) Transfer of Ownership. (1) Transfer of ownership or lease of property in this ID Institutionai District shall include in the transfer of lease agreement a provision that the pup chaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District. Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTE Sq!. Mary A. Davis City Clerk Published offlcinily in the Telegraph 14 Regular Session January 5, 1987 Herald newspaper this 12th day of January, 1987. Mary A. Davis City Clerk It t/12 Council Member Krieg moved that this be considered the second reading of the Ordinance and final adoption of the Ordinance. Seconded by Council Member Kinesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Comrmnunication of City Manager re~ questing a Pablic Hearing be held regar- ding the sale of G.O. Bonds in the addi- tional an~ount of $1,800,000, presented and read. Council Member Kluesner moved that the communication be received and ill- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Krieg, Kronfeldt. Man- ning, Simon. Nays--None. RESOLUTION NO. 5-87 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $1,800,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICA- TION OF NOTICE THEREOF WHEREAS, it is deemed necessary .and advisable that the City of Dubuque, Iowa, should issue General Obligation Bonds to the amount oI $1,800,000, as authorized by Section 384.25. of the City Code of Iowa, for the purpose of pro- viding funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or prope~ ty owner of said City to such action; NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That this Council meet in the Carnegie-Stout Public Library Auditorium, Dubuque, Iowa, at 7:30 o'clock P.M., on the 19th day of Januar~ 1987, for the purpose of taking action on the matter of the issuance of $1,800,000 General Obligation Bonds for an essen- tial corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of construc- tion. reconstruction and repairing of street improvements and improvements to the municipal airport. Section 2: That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3: The notice of the proposed action to issue said bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $1,800,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 19th day of January. 1987, at 7:30 o'clock P.M., in the Carnegie-Stout Public Library Auditorium, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of $1,800,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay Regular Session costs of construction, reconstruction and repairing of street improvements and im- provements to the municipal airport. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objec- tions have been received and considered, the Coun(fl will at this meeting or at any adjournment thereof, take additiona~ ac- tion for the issuance of said bonds or will abandon the proposal to issue said bonds. This noiice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Dated this 5th day of January, 1987. Mary A. Davis City Clerk (End of Notice) Passed and approved this 5th day of January. 1987, James E. Brady Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the ResoluC~on. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Coun/fl Members Deich, Kluesner, Krieg, Krenfeldt, Man- ning, Simon. Nays--None. Petition of Arnold Honkamp, Chairperson of the Airport Commission, requesting Council approval to use up to $13,500 of the Airport's unencum- bered CIP balance to fund a terminal space utilization study to enable the Commission to proceed within proper growth and direction patterns, presented and read. Mr. Honkamp clarified the request. Council Member Kluesner moved that the petition be received and filed and ap- proved the using of 13,500 of the Air January 5, 1987 15 port's CIP balanc~ Seconded by Coun- cil Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simor~ Nays--Council Member Kronfeldt. Communication of Corporation Counsel responding to Council's referral regarding sewer back-up claims of several residents of Rhomberg Ave., presented and read. Cindy Duve, Lloyd Pfuemer and Irv Grothe spoke to the problem. Council Member Simon moved that the com- munication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayer Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon, Nays--None, Council Member Deich moved that they pay 50% of each claim filed. Seconded by Mayor Brady, Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Deich. Nays--Council Members Kfuesner, Krieg, Kronfeldt, Manning, Simon. MOTION FAILED. Council Member Kronfeldt moved that they support the Corporation Counsel to deny claims as recommend- ed by the Corporation Counsel on December 15, 1986. Seconded by Coun- cil Member Simon. Carried by the follow- ing vote: Yeas--Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brad~ Council Member Daich. Communication of Jim Theisen Sup- ply. In~, requesting Council approval of an Iowa Community Economic Better- ment Account Program Application AND Communication of City Manager regarding the filing of a Community 16 Regular Session January 5, 1987 Application for Theisen Supply, Ink, presented and read. Council Member communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Counc'd Members Deich, Klueaner, Krieg, Kronfeldt, Man- ning, Simon~ RESOLUTION NO. 6-87 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT AC- COUNT PROGRAM APPLICATION FOR THE THEISEN SUPPLY, INC. RELOCATION PROJECT WHEREAS, the Iowa Department of Transportation has purchased the ex- isting Theisen Supply, Inc. property, thereby displacing the firm; and WHEREAS, Theisen Supply, Inc has proposed the relocation and expansion of its operations to the Dubuque In- dustrial Park; and WHEREAS, the City Council has con- aidered said proposal wad has determin- ed that it will create local employment opportunities while contributing to the economic development of the commun- ity; and WHEREAS, the City of Dubuque is eligible to apply for funding from the Community Economic Betterment Ac- count Program as defined in House File 225, Acts of the 71st General Assembly. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an applica- tion for participation in the Iowa Com- munity Economic Betterment Account Program in behalf of Theisen Supply, Inc. is approved. Section 2. That the City Manager is hereby authorized and directed to ex- ecute and subrait said application to the State of Iowa Development Commission and other appropriate agencies together with such other documents as may be Passed, approved and adopted this 5th day of January, 1987. James E. Brady, Mayor ATTESq~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the P~solution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady. Counc'fl Members Delch, Kluesner, Krieg, Kronfeldt, Man- ning. Simon. Nays--None. Communication of City Manager re- questing approval for local government Grant for an Historic Preservation Database; Authorize and direct the Mayor to sign the Agreement on behalf of the City and further direct Staff to proceed with the project AND Com- munication of City Manager submitting Ordinance relative to restrictions of parking on certain streets from 1:00 A:M. to 6:00 A.M. in the downtown area, presented and read. Council Member Deich moved that the communications be received and filed and approved the Grant. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Counc'fl Members Deich, Klueaner, Krieg, Kronfaldt, Man- ning, Simon. Nays--Nong ORDINANCE NO. 5-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 25-281 THEREOF PROVIDING FOR NO PARKING FROM 1:00 A.M. to 6:00 ON CERTAIN STREETS, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 5-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE Regular Session, January 5, 1987 17 CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 25-281 THEREOF PROVIDING FOR NO PARKING FROM 1:00 A.M. to 6:00 A.M. ON CERTAIN STREETS. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinancs of the City of Dubuque,~Iowa be amend- ed by enacting a new Section 25-281 thereof as follows: SEC. 25-281. ALTERNATE SIDE STREET PARKING (a) This section is enacted as an en- forcement procedure for the protection of public safety and welfare and shall be used to facilitate street sweeping and the removal of snow and ice accumulations on certain public streets. (b) When signs are erected giving notice thereof, no person shall park a vehicle between the hours of 1:00 ~n~ to 6:00 a.m., Monday, Wednesday or Friday upon the following streets: First Street, south side, from Bluff Street to Iowa Street. Second Streetl south side, from Bluff Street to Iowa Street. Third Street, south side, from Bluff Street to Central Avenue. Fourth Street, south side, from Bluff Street to White Street. Fifth Street. south side, from Bluff Street to White Street. Sixth Street. south side, from Bluff Street to White Street. Seventh Street, south side, from Bluff Street to White Street. Eighth Street, south side, from Bluff Street to White Street. Ninth Street, south side, frofu Bluff Street to Pine Street. Tenth Street. south side, from Bluff Street to White Street. Eleventh Street, south side, from Bluff Street to Pine Street. T~effth Street, south side, from Bluff Street to White Street. Thirteenth Street, south side, from Bluff Street to White Street. Fourteenth Street, south side, f~om Bluff Street to White Street. Twentieth Street, south side, from Central Avenue to White Street. Twenty-first Street, south side, from Central Avenue to White Street. Bluff Street, west side, from Four- teenth Street to Dodge Street. Central Avenue, west side, from Twenty-second Street to Third Street. Iowa Street, west side, from Four- teenth Street to First Street. Jones Street. south side, from Bluff Street to Main Street. Locust Street, weft side, from Fourteenth Street to Dodge Street. Main Street, west side, from Four- teenth Street to Ninth Street and from Fifth Street to Railroad Avenue. Railroad-Avenue, south side, from Main Street to South Locust Street. White Street, west side, from Twenty-first Street to Fourth Street. (c) When signs are erected giv- ing notice thereof, no person shall park a vehicle between the hours of 1:00 a.m. to 6:00 a.m., Tuesday, Thursday or Saturday upon the following streets: First Street, north side, from Bluff Street to Iowa Street. Second Street, north side, from Bluff Street to Iowa Street. Third Street, north side, from Bluff Street to Central Avenue. Fourth Street, north side, from Bluff Street to White Street. Fifth Street, north side, from Bluff Street to White Street. Sixth Street, north side, from Bluff Street to White Street. Seventh Street, north side, from Bluff Street to White Street. Eighth Street, north side, from Bluff Street to White Street. Ninth Street. north ~ide, from Bluff Street to Pine Street. Tenth Street, north side, from Bluff Street to White Street. Eleventh Street, north side, from Bluff Street to Pine Street. Twelfth Street. north side, from Bluff Street to White Street. Thirteenth Street, north side, from Bluff Street to White Street. 18 Regular Session, January 5, 1987 Fourteenth Street, north side, Herald newspaper this 9th day of from Bluff Street to White Street. January, 1987. q~ventieth Street, north side, from Mary A. Davis Central Avenue to White Street. City Clerk Twenty-first Street, north side, It 1/9 from Central Avenue to White Street. Bluff Street, east side, from Four- teenth Street to Dodge Street. Central Avenue, east side, from Twenty-second Street to Thi~l Street. Iowa Street, east side, from Four- teenth Street to First Street. Jones Street, north slde~ from Bluff Street to Main Street. Locust Street, east side, from Fourteenth Street to Dodge Street. M~in Street, east side, from Four- teenth Street to Ninth Street and from Fifth Street to Railroad Avenue. Railroad Avenue, north sid~ from Main Street to South Locust Street. White Street, east side, from Trventy-first Street to Fourth Street. (d) When any vehicle parked in violation of this section con- stitutes a hindrance and a h~zard to the prompt removal of snow and ice accumulations, the Police Department may cause the ira- mediate removal oI the vehicle. When conditions permit, the Police Department shall make a reasonable effort to contact the last registered owner of the vehi- cie before summarily removing the vehicle. (e) The towing and storage of vehicles parked in violation of this section shall be in accordance with Sections 25-391 25-392 and 25-393 of the Code of Ordinances. Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- ~idered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Deich. Carried by the following vQte: Yeas--Mayer Brady, Council Members Deicb, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of City Manager sub- mitting two (2) Ordinances to update the City Traffic Code, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, CounCfl Members Kinesne~ Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. ORDINANCE NO. 6-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (4) OF SECTION 25-274 THEREOF AND ENACTING A NEW SUBSECTION (4) O,F SECTION 25-274 IN LIEU THEREOF PROVIDING FOR THE IMPOSITION OF PARKING FINES FOR VEHICLES PARKED IN IN- TERFERENCE WITH SNOW OR ICE REMOVAL OR STREET CLEANING, )resented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 6-87 qN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY Regular Session REPEALING SUBSECTION (4} OF SECTION 25-274 THEREOF AND ENACTING A NEW SUBSECTION (4) OF SECTION 25-274 IN LIEU THEREOF PROVIDING FOR THE IMPOSITION OF PARKING FINES FOR VEHICLES PARKED IN IN- TERFERENCE WITH SNOW OR ICE REMOVAL OR STREET CLEANING. NOW, THEREFORE. BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Subsection (4) of Section 25-274 thereof and enacting a new Subsection (4) of Section 25-274 in lieu thereof as follows: "Se~ 25-274. Parking violations -- fines. (4) Parking in interference with snow or ice removal or street cleaning. If paid within seventy-two (72) hours from the time of violation as indicated in the notice, such fine will be in the sum of five dollars ($5.00); if not paid within seventy-two (72) hours, then such fine shall be in the sum of seven dollars t$7.00)." Passed, approvt~ and adopted this 5th day of January, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of January, 1987. Mary A. Davis City Clerk It 1/9 Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by January 5, 1987 19 Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt. Manning, Simon. Nays--Council Member Deich. ORDINANCE NO. 7-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTIONS (b) AND (c) OF SECTION 25-343 THERE- OF AND ENACTING A NEW SUB- SECTION (b) TO SECTION 25-343 IN LIEU THEREOF PROVIDING FOR THE TOWING AND STORAGE OF VEHICLES PARKED IN VIOLA- TION OF SECTIONS 25-391, 25-392, AND 25-393 OF THE CODE OF ORDI- NANCES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 7~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SUBSECTIONS (b) AND (c) OF SECTION 25-343 THEREOF AND ENACTING A NEW SUBSECTION (b) TO SECTION 25-343 IN LIEU THEREOF PRO- VIDING FOR THE TOWING AND STORAGE OF VEHICLES PARKED IN VIOLATION OF SECTIONS 25-391, 25-392 AND 25-393 OF THE CODE OF ORDINANCES. NOW THEREFORE, BE IT O~ DAINED BY THE CITY COUNCIL OFTHECITYOFDUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Subsections lb) and (c) of Section 25-343 thereof and enacting a new Subsection (b) in lieu thereof as follows: "Sec. 25-343. Removal of obstructing vehicles. (b) The towing and storage of vehicles parked in violation of this Division shall be in accordance with Sections 25-391, 25-392 and 25-393 of the Code of Ordinances. Regular Session, January 5, 1987 Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of January. 1987. Mary A. Davis City Clerk It 1/9 Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for p~ssage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Council Member Deich. Communication of City Manager sub- mitting an Ordinance to amend the City Code to authorize the City Manager to issue Courtesy Parking Tickets to pro- mote usage of the two Parking Ramps, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 8.87 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A SECOND UNNUM- BERED PARAGRAPH TO SECTION 25-295 THEREOF PROVIDING FOR THE ISSUANCE OF COURTESY PARKING TICKETS FOR THE MUNICIPAL PARKING GARAGES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 8-87 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A SECOND UNNUM- BERED PARAGRAPH TO SECTION 25-295 THEREOF PROVIDING FOR THE ISSUANCE OF COURTESY PARKING TICKETS FOR THE MUNICIPAL PARKING GARAGES NOW THEREFORE, BE IT OP~ DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by enacting an unnumbered second paragraph to Section 25-295 thereof as follows: "Sec. 25-295. Parking without paying required fee prohibited; exception. The City Manager is authorized to issue courtesy parking tickets when he/she deems it to be in the City's best interest to promote usage of the parking garages or when introducing new parking garage programs." Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of January, 1987. Mary A. Davis City Clerk It 1/9 Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at 21 Regular Session, January 5, 1987 which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg. Kronfeldt, Man- ning, Simon. Nays~None. Communication of City Manager sub- mitting Ordinance providing an Amend- ment to tho Historic Preservation O~~ dinance, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by' Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg. Kronfeldt, Man- ning, Simon. Nays--None. ORDINANCE NO. 9-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A REVISED SECTION 3 OF CHAPTER 19V2, ESTABLISHING A NEW QUORUM REQUIREMENT FOR THE HISTORIC PRESERVA- TION COMMISSION, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 9-87 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A REVISED SECTION 3 OF CHAlYI~ER 19V2 ESTABLISHING A NEW QUORUM REQUIREMENT FOR THE HISTORIC PRESERVA- TION COMMISSION. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chapter 19V2 of the Code of Ordinances of the City of Du- buque, Iowa be amended by deleting Sec- tion 3(h) thereof and enacting a new Sec- tion 3(h) in lieu thereof as follows: "Section 19V2-3(h). Five (5) members of the Commission shall constitute a quorum for the tran- saction for business." Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 13th day of January, 1987. Mary A. Davis City Clerk it 1/13 Council Member Kronfaldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Krenfeldt, Man- ning, Simon. Nays--None. Council Member Deich moved that this be considered the second reading of an ORDINANCE Providing that the Code of Ordinances be amended by revis- ing Appendix A thereof by reclassifying described property at 468-470 Lincoln and adjoining former railroad right-of- way from R-2A Alternate qtvo Family Residential District to CS Commercial Service and Wholesale District (BOYES). Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Manning, Simon. Nays--Council Member Kronfeldt. Nominations of Council represen- tatives (3) and City Manager to the Dubuque Racing Assn. in accordance 22 Regular Session with their By-laws, was requested. Coun- cil Member Kronfoldt moved that the current three members (Brady, Manning, Krieg) and City Manager Gearhart re- main. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--Nong Nominations of Council Member for membership on Regional Economic Planning Council was presented. Council Member Kronfaldt moved that Mrs. Krieg be nominated for membership. Seconded by Council Member Kinesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. Communication of City Manager responding to Council's request for infor- mation on the number of police calls in the area of Gomer's on University Ava, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfoldt, Man- ning, Simon. Nays--None. RESOLUTION NO.~87 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Or- dinances of this City and have filed pro- per bond; January 5, 1987 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 foliowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Local 94 U.A.W. (Jim Wailer) 3450 Central (Also Sunday Sales) James E. Brady, Mayor ATTES~ Mary A. Davis City Clerk Council Member Dcich moved adop- tion of the resolution. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kinesner, Krieg, Kronfoldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 8-87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premiqes to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Michael J. Weber Mike's Ten Pin Tap, 601 Rhomberg Ave. (Also Sunday Sales) David A. Unge Copper Kettle 2987 Jackson St. (Also Sunday Sales) Regular Session, January 5, 1987 23 Phillip R. Love The Lounge 481 Locust St. Passed, adopted and approved this 5th day of January 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Deicb moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council, Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. printed Council Proceedings for the month of September, 1986, presented for Council approval. Council Member Man- ning moved that the proceedings be ap- proved as printed. Seconded by Council Member Kronfoldt. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfoldt, Man- ning, Simon. Nays--None. MINUTES SUBMITTED: Airport Commission of 12-2, 12-15, and 12-16; Electrical Appeals Bd. of 12-3; Five Flags Comm. of 12-15; Historic Preser- vation Comm. of 12-2 & 12-9; Housing Code Appeals Bd. of 11-19; Housing Code Review Committee of 11-19; Park and Recreation Comm. of 12-8 and 12-15; Fire Retirement Bd. Meeting of 12-23; Cable TV Regulatory Comm. of 12-17; Planning and Zoning Comm. of 12-17; presented and read. Council Member Manning moved that the minutes be received and flied. Seconded by Council Member Krenfeldt. Carried by the following vote: Yeas--Mayor Brady, Coundl Members Delch, Kinesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Daniel Avenarius, in amt. of $300 for backed-up damages; Mike Burgmeyer, in amt. of $35 for tar damages; Crescent Electric Supply Co. in the amt. of $4919.29 for property damages; Carol O. Datisman through Peter Klauer, his attorney, in the amount of $250,000 for personal injuries and pro- perty damages; Dubuque Kirby Co., in the amt. of $11.44 for tar damages; Robert McCar~on, in amt. of $203 for car damages; Dennis Miller, in unknown amt. for car damages; Operation: New View Head Start, in amt. of $35 for car damages; J. Thomas Zaber in the amt. of $199.82 for car damages, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Coundl Members Deich. Kluesne~; Krieg, Kronfeldt, Man- ning, Simon. Nays--Nona Communication of Corporation Counsel Lindahl submitting findings in the case of Marguerite Roberts vs. City of Dubuque and Edith Yates, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kronfoldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. REFUNDS REQUESTED: Dennis Meyer, $50 on unexpired Cigarette License; Dennis Meyer $75 on unexpired Class "B" Beer Permit; Mary Turner $211.25 on unexpired Liquor License, presented and read. Council Member Manning moved that the refunds be approved and directed Finance Director to issue proper checks. Seconded by Council Member Kronfeldt. Carried by the following vote: 24 Regular Session, January 5, 1987 Yeas--Mayor Brad:~ Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. Communication of Corporation Counsel advising of reducing the number of pending Tax appeals, presented and Council Member Dalch moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None, Communication of Corporation Counsel recommending settlements of the following tar damage claims: Cathy Husemann, $45; Thomas Schlueter $33.30; Lorraine Green, $53.04; Gregory Ekdale, $26; Grove Tool, Inc. $64.48 Patricia Coffman, $20.80; Alice Conner $15.60; Danniel Coble; $59.28; Jim Grady, $58.24; Kraig Kieffer $27.04 Wayne Kahle, $20.80; Ernest Quade $26; Randy Schroeder $26; Gary Schmitt, Sr. $54.80, presented and read. Council Member Manning moved that the communications be received and fil- ed and approved settlements with the Finance Director to issue the proper checks. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krleg, Kronfeldt, Man- ning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Finding of No Significant Effect on the Environment for various projects (CyCare Systems, Inc,, The Country Wagon, Market Place Dubuque); and Proof of publication, car- tiffed to by the Publisher, on Notice of Intent to file a request for release of Calendar Year 1987 Block Grant Funds, presented and read. Council Member Manning moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of Dubuque County District Soil Conservation Commis- sioner submitting a copy of the executive summary "Offsite Costs of Erosion Damage in Iowa", presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of City Manager sub- mitting Financial Reports for the month of November, 1986, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Krenfeldt, Man- ning, Simon. Nays--None. Communication of City Manager sub- mitting Resolution authorizing request for release of funds for certain Commun- ity Development Block Grant Projects, ~resented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. Regular Session RESOLUTION NO. 9-87 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR CER- TAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PROJECTS WHEREAS, the City of Dubuque, Iowa, in conformance with the Envi- ronmental Review Procedures for the Community Developmgnt Block Grant Program, convened an Ad Hoc Com- mittee on December 1, 1986 which com- pleted an environmental assessment of the following: Economic Development Projects: The Country Wagon CyCare Systems, Inc. Market Place Dubuque; and WHEREAS. pursuant to ResoIution No. 272-86, 275-86, and 277-86, adopted December 15, 1986, public notice of a !'Finding of No Significant Effect on the Environment" for the above projects was published December 16, 1986 in the Dubuque Telegraph Herald, a newspaper of general circulation, and provided for a p~abllc comment period until :12:00 Noon on Friday,~lanuary 2. 1987; ~tnd WHEREAS, public notice of a "Find- ing of No Significant Effect on the En- vironment'' for the projects was sent by regular mall to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and balieved to be appro- priate to receive such a public notice; and WHEREAS, any and ail objections, if any, to such proposals have been duly considered; and WHEREAS. it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds to carry out the above-identified projects. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the projects shah con- January 5, 1987 25 tinue to remain on file in the Office of the City Clerk where said record may be examined and copied by any interested 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- ment a request for release of funds to undertake the said projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a responsi- ble federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decisinn-making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- sent 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 environ- mental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authoriz- ed and directed to execute a certification pertaining to the environmental review procedures. Section 6. That the City Clerk be and she is hereby authorized .and directed to publish a public notice for a Request for Release of Funds in the form of Public Notice attached hereto and made a part thereof. Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: 26 Regular Session January 5, 1987 Yeas--Mayor Brady, Council Members Deich, Kineaner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communicatinn of City Manager sub- mitting the Fiscal Year 1986 Audit Reports, presented and read. Council Member Manning moved that the communication be received and ill- ed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--Nong Communication of Planning and Zon- ing Commission approving final plat Qf "Witterhalt Subdivision" located north of Boleyn Road in Dubuque County as requested by Thomas Witterholt, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kranfeldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 10-87 RESOLUTION APPROVING THE FINAL PLAT OF "WITTERHOLT SUBDIVISION" IN THE CITY OF DUBUQUE IOWA. WHEREAS. them has been filed with the City Clerk a final plat of "Witterholt Subdivision" in the City of Dubuque, Iowa: and WHEREAS. said final plat has been examined by the City Planning and Zon- ing Commission and had its appreval eh- domed thereon: and WHEREAS. said final plat has been examined by the City Council, and the City Council finds that the same con- forms ~o the sram;es and ordinances relating there;o. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of "Wit- terhold Subdivision" in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved, and adopted this 5th day of January, 1987. Janaes E. Brady Mayor ATTESt. Mary A. Davis City Clerk Councli Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Krenfeldt, Man- ning, Simon. Nays--None. Communicatinn of Planning and Zan- ing Commission approving final plat of Subdivision of Lot i of Lot i of Lot 1 in Henry A. Robinson Industrial Sub- division and survey of Block 31, Du- buque Harbor C(x's Addn. located at 280 Railroad Ave. and owned by Herbst & Sons, Inc., presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vo~e: Yeas--Mayor Brady, Council Members Deich, Kinesner. Krieg, Kronfeldt, Man- ning, Simon. Nays--None, RESOLUTION NO. 11-87 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVI- SION OF LOT 1 OF LOT 1 OF LOT 1 IN HENRY A. ROBINSON INDUS- TRIAL SUBDIVISION AND SURVEY OF BLOCK 31, DUBUQUE HARBOR CO.'S ADDITION. IN THE CITY OF DUBUQUE, IOWA. Regular Session, January 5, 1987 27 WHEREAS, there has been filed with the City Clerk a final plat of the subdivi- sion of Lot I of Lot I in Henry A. Robin- son Industrial Subdivision and Survey of Block 31, Dubuque Harbor Co.'s Ad- ditior~ in the City of Dubuque, Iowo~ and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that the proposed Lot 2 of Lot i of Lot 1 in Henry A. Robinson Industrial Subdivi- sion will npt have access to a public street; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the condition that a 24-foot permanent easement be provld- ed from the westerly lot line of Lot I of Lot 1 of Lot i of Lot 1 of Henry A. Robinson Industrial Subdivision; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating theret~ except that the proposed Lot 2 of Lot 1 of Lot I of Lot 1 in Henry A. Robinson Industrial Subdivis~on will not have ac- cess to a public street; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the subdivision of Lot 1 of Lot 1 of Lot 1 in Henry A. Robinson Industrial Subdivi- sion and Survey of Block 31, Dubuque Harbor Cg's Addition, in the City of Dubuque, Iowa be and same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Du- buque, Iowa upon said final plat, provid- ed that the owner of said property shall execute a written acceptance hereto attached acknowledging and agreeing: (a) That a 24-foot permanent access easement be provided from the wester- ly lot line of Lot 1 of Lot I of Lot i of Lot 1 in Henry A. Robinson Industrial Subdivision. Section 2. That in the event that the owner fails to execute the acceptance provided for in Section 1 herein within forty4ive (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the plat shall not be effectlv~ Passed, approved and adopted this 5th day of January, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt. Man- ning, Simon. Nays--None. Communication of City Manager sub- mitring Resolution authorizing Mayor to execute an Agreement with the Iowa DOT on right-of-way assurance state- merit for Federal Aid Projects, presented and read. Council Member Manning moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays-None. RESOLUTION NO. 12-87 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREE- MENT WITH THE IOWA DEPART MENT OF TRANSPORTATION FOR RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL-AID PROJECTS WHEREAS, Iowa Department of Transportation has requested the City to execute an agreement stipulating that 28 Regular Session, January ~ 1987 the City will comply with the 1970 Uniform Relocation Assistance and Land Acquisition Policies act, on federal- aid to transportation projects; and WHEREAS, such a statement must be on file with the Iowa Department of Transportation in order for the City to be in compliance with the federal-aid prc- jects for transportation purposes and to be eligible for federal transportation funds. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of tho City of Dubuque~ Iowa: Section 1. That the Mayor be authoti~ ed to execute an assurance statement with the Iowa Department of Transpo~ tation stipulating that the:City of Du- buque will comply with the federal regu- intions relative to acquisition of proper- ty for transportation purposes, for which federal funds are involved. Passed, approved and adopted ths 5th day of January, 1987. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. Communication of City Manager sub- mitring Resolution providing for the ac- ceptance of a Warranty Deed for pmpe~ ty located on Brunswick St. identified as Lot 158 in Belmont Addition, presented and read. Council Member Manning moved that the communicatinn be received and fil- ed. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesne~; Krieg, Kronfaldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 13-87 ACCEPTANCE OF WARRANTY DEED FOR LOT 158 BELMONT AD- DITION, CITY OF DUBUQUE, IOWA WHEREAS, the City Council by Resolution Na 328-85 approved the clos- ing of Brunswick Street from Elbow Street to Peru Read and further author- , Manager to proceed with the acquisition of properties contiguous to Brunswick Street from Elbow Street to Peru Read and clearing the sites of the buildings; and WHEREAS, the City Council adopted Resolution No. 265-86 which resolution provides for assumption of ownership and maintenance of a 1" copper water line from 3141 Brunswick Street to pro- perty located on lot 162 Belmont Addi- tion or 612 Peru Read upon delivery of a Warranty Deed by same owners for lot 158 from the property owner to the City of Dubuque, Iowa; and WHEREAS, Merlin O. and Elaine H. ~ruser has delivered a Warranty Deed conveying real estate described as: Lot 158 in Belmont Addition in the City of Dubuque, Dubuque County, Iowa according to the recorded plat thereof, and WHEREAS, said deilvery of deed, dated December 22, 1986, by said pe~ City of Dubuque should be accepted. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the delivery of the Warranty Deed by Merlin O. and Elaine H. Kruser dated December 22, 1986, conveying to the City of Dubuque, Iowa the hereinabove described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be record- ed in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Regular Session, January 5, 1987 29 Section 3. That the City Clerk be and is hereby directed to forward a certified Council Members copy of this Resolution to the Dubuque City Assesor and the Dubuque County ATTES~ Auditor. Passed, approved and adopted this 5th City Clerk day of January. 1987. James E. Brady Mayor ATTES~ Mary A. Davis City C!erk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. There being no further business, Coun- cil Member Krordeldt moved to adjourn - 11:41 P.M. Seconded by Council Member Manning. Carried by the ~llow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, K~ieg, Krenfaldt, Man- ning, Simon. Nays--None. Mary A. Davis City Clerk Approved __ Adopted __ __1987 1987 Mayor 30 Board of Health January 19, 1987 BOARD OF HEALTH OFFICIAL Regular Session, January 19, 1987 Board Met at 7:25 o'clock p.m., in the Public Library Auditorium. Present--Chairperson Pro-Tem Kluesner, Board Members Daich, Krieg, Kronfeldt, Simon. Absent--Chairperson Brady, Board Member Manning. Chairperson Pro-Tern Kluesner read the call and stated this is the REGULAR MEETING of the Board of Health called for the purpose to act upon such business which may properly come before the Board. There being no business to act upon, Board Member Deich moved that the Board adjourn -- 7:27 p.m. Seconded by Board Member Krieg. Carried by the following vote: Yeas--Chairperson Pro-Tem Kluesner, Board Members Deich, Krieg, Kronfeldt, Simon. Nays--Non~ Absent--Chairperson Brady, Board Member Manning. Mary A. Davis Secretar~ Board of Health 1987 Adopted 1987 Chairperson Board Members ATTES~ Secretary, Board of Health Regular Session January 19, 1987 31 CITY COUNCIL OFFICIAL Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon, City Manager W. Kenneth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Absent--Mayor Brady, Council Member Manning. Mayor Pro-Tem Kluesner read the call and stated that this is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Gwyn Osuch of Westminster Presbyterian Church. PROCLAMATION: January 25 thru 31 as "Productivity Improvement Week" received by Jeff Danielson. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on the matter of the proposed issuance of $1,800,000 General Obligation Bonds, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-Mayor Pro-Tem Kluesner, Coun- cil Members Delch, Krieg, Kronfeldt, Simon. Nays--None. Absent-Mayor Bradg Council Member Manning. RESOLUTION NO. 1487 RESOLUTION INSTITUTING PRO- CEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $1,800,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this coun- cil has held a public meeting and hear- ing upon the proposal to institute pro- ceedings for the issuance of $1,800,000 General Obligation Bonds for the essen- tial corporate purpose of paying costs of construction, reconstruction and repair- lng of street improvements and improve- ments to the municipal airport, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following ac- tion is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and is- suance in the manner required by law of $1,800,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to bo prepared such notice and sale infor- mation as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bends on a basis favorable to the City and acceptable to the Council. Passed and approved this 19th day of January, 1987. Loras J. Kluesner Mayor Pro-Tern ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Coun- cil Members D~lch, Krieg, Kronfeldt, Simon. Nays-None. 32 Regular Session January 19, 1987 Absent-Mayor Brady, Council Mombe~ Manning. Proof of publication, certified te by the Publisher, on Notice of Public Hearing to consider rezoning property at 468-470 Lincoln Ave. from R-2A to CS District; Communication of Attorney Gary Nor- by submitting recommendations regard- ing Boyos Rezoning of property at 468-470 Lincoln Ava; Communication of Fred & Klm Boyes advising their request for rezoning this property is to set up a separate business; Communication of John J. Waltz objecting to reclassifica- tion of 468-470 Lincoln Ava and former railroad right-of-way from the present R-2A District to CS Commercial Dis- trict; Communication of Elizabeth and Glenn Casey approving rezaning request of Klm & Fred Boyes, presented and read. Council Member Krieg moved that the proof and communication be receiv- ed and filed. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Pro-Tem Kinesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays--None. Absent--Mayor Brady, Council Member Manning. An ORDINANCE Amending the Code of Ordinances by reclassifying pro- perty at 468-470 Lincoln and adjoining former railroad right-of-way from R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District, said Ordinance hav- ing been presented and read at the Meetings of 12-15 and 1-5, presented for harther action. Council Member Krieg moved that this reading be the third reading of the Ordinance and final edop- tion of the Ordinance. Seconded by Council Member Simon. Vote on the mo- tion was as follows: Yeas--Nong Nays--Mayor Pro-qbm Klueaner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Absent--Mayor Brady, Council Member Manning. MOTION TO ADOPT FAILED. Communication of City Manager sub- mitting documents regarding bidding procedures for the construction of the Old Mill Road Sanitary Sewer in the vicinity of Reakdale Road, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-qbm Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 15-87 RESOLUTION OF NECESSITY WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City- of Dubuque and are now on file in the office of the City Clerk showing among other things 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, Ior the Old Mill Road Sanitary Sewer. BE IT THEREFORE RESOLVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedur~ Said improvements shah be con- stmcted and done in accordance with the plans and specifications which have beeaa approved by the City Council are are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed partially or Reg,ular Session, Janua____ry 19, 1987 totally against privately owned proper- ty lying within the assessment limit~ andin an amount not to exceed that pro- vided 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 an anticipation of deferred payments of assessments when a contract has been performed and accepte~l, and the pro- ceeds thereof used to pay the contractor· The abov~ resolution was introduced approved and ordered placed on file with the City Clerk this 19th day of January, 1987. Approved and placed on file for final action. Loras J. Kluesner Mayor Pro-Tem ATTEST. Mary A. Davis City Clerk Council Member Ditch moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pm-Tem Khiesner, Council Members Deich, Krieg, Kronfeldt, Simon. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 16-87 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY WHEREAS, the City Council of the City of Dubuque~ Iowa, has given its preliminary approval on the proposed plans, specifications and form of con- tract and placed same on file in the of- lice of the City Clerk for public inspec- tion, for the Old Mill Road Sanitary Sewer, and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. 33 NOW, THEREFORE, BE IT RE- SOLVED, that on the 16th day of February, 1987, a public hearing will be held at 7:30 o'clock p.m. in the Public Library Auditorium in the City of Du- buque at which time the owners of pro- perty subject to assessment for the pro- posed improvement or any other person having an interest in the matter may ap- pear and be heard for or against the mak- ing of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circu]atinn in the City of Dubuqu~ Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final considera- tion of this proposed resolution have on file With the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 19th day of January, 1987. Loras J. Kluesner Mayor Pro-qbm ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pm-Tern Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays--Nong Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 17-87 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Be it resolved by the City Council of the City of Dubuque, Iowa: Regular Session January 19, 1987 35 34 Regular Session, January 19, 1987 That the proposed plans, specifica- tlons, form of contract and estimated cost for the Old Mill Road Senltary Sewer, in the estimated amount of $52,205.80, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 19th day of January, 1987. Loras J. Kluesner Mayor Pm -Tem ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution, Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pfc-Tern Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays--None Absent-Mayor Brady, Council Member Manning. RESOLUTUION NO. 18.87 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- lice of the City Clerk for public inspec- tion of the Old Mill Road Sanitary Sewer. NOW, THEREFORE BE IT RE- SOLVED that on the 16th day of February, 1986, a public hearing will be held at 7:30 p.m. in the Public Library Auditerium at which time interested per- sons may appear and be heard for or against the proposed plans and specifica- tions, 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 c~rculation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 19th day of January, 1987. Loras J. KIuesner Mayor Pro-Tern ATTES~ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Prc~Tem Kluesner, Coun- cil Members Deich, Krieg, Kronfaldt, Simon. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 19-87 Be it Resolved by the City Council of the City of Dubuque, Iowa: That the attached sheets, i to i in- clusive, are hereby determined to be the schedule of proposed assessments for the Old Mill Road Sanitary Sewer and the valuations set out herein are hereby approved. Passed, approved and adopted this 19th day of January, 1987. Loras J. Kluesner Mayor Pro-Tem ATTESt. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kriog. Carried by the following votes: Yeas--Mayor Pro-Tem Kluesner, Coun- cil Members Deich. Ktieg, Kronfeldt. Simon. Nays--None. Absent--Mayor Brady, Council Member Mannidg. Rob Apel of the Chamber of Com- merce gave a verbal report on the Ai~ port Marketing and Pubilc Relations Program. Communication of City Manager sub- mitring an Ordinance allowing Jeld-Wen Fiber products to relocate an existing overhead support structure for steam lines currently spanning the right-of-way of 9th Street, to a new location across Washingtop St. between 8th and 9th Sts., presented and read, Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor prc-qbm Kluesner, Coun- cil Members Deich, Krieg, Kronfaldt, Simon. Nays-None. Absent--Mayor Brady, Council Member Manning. An ORDINANCE Authorizing Jeld- Wen, Ink to construct a superstructure to support steam and condensate lines presented and read.~ Council Member Krordoldt moved that it be considered the first reading of the ORDINANCE. Seconded by Coun- cfi Member Deich. Carried by the follow- ing vote: Yeas--Mayor pr~Tem Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays--Non~ Absent--Mayor Brady, Council Member Manning. Communication of City Manager recommending acceptance of the 1986 Asphalt Paving and PC. Paving Projects, presented and read. Council Member Kronfeldt moved that the communication be recelved and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pr~Tem Kluesner, Coun- :il Members Deich, Krieg, Kronfeldt, Simon, Nays--None. Absent--Mayor Brady, Council Member Manning. ACCEPTING IMPROVEMENT RESOLUTION NO. 20-87 WHEREAS~ the contract for the 1986 Asphalt Paving Project has been com- pleted and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted according to the terms of the con- tract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the recommen- dation of the City Manager be approv- ed and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the CIP Levy and private funding, the parking Depreciation Fund, and General Obligation Bonds in amount equal to the amount of his contract, less any rotain- ed percentage provided for therein. Passed, adopted and approved this 19th day of January, 1987. Loras J. Kluesner Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Krordeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Prc-Tem Kluesner, Coun- cil Members Deich, Krieg, Kronfehit, Simon. Nays--None. Absent-Mayor Brady, Council Member Manning. 36 Regular Session, January 19, 1987 FINAL ESTIMATE RESOLUTION NO. 21-87 WHEREAS, the contract for the 1986 Asphalt Paving Project has been com- pleted and the City Engineer has sub- mitred his final estimate showing the cost thereof including the cost of estimates, notices, inspection, miscel- laneous costs, and preparing the assess- ment and plat. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City af Dubuque: Section 1. That the cost of said im- provement is hereby determined to be $543,294.59. Section 2. That $223,$56.33 of the cost thereof shall be assessable upon private property and $319,438.26 shall be paid from the CIP Levy and private funding, the Parking Depreciation Fund, and General Obligation Bonds. Passed, approved, and adopted this 19th day of January, 1987. Loras J. Kfuesner Mayor pro-~bm ATTESt. Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resaiutlon, Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor prc-Tem KluesnerfCoun- ail Members Deich, Krieg, Kronfeldt, Simon. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 22~7 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 1986 ASPHALT PAVING PROJECT, INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL IN- STALLMENTS INTO WHICH AS- SESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID IN- STALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAY: ABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accom- panying plat showing the assessments proposed to be made for the construction of the 1986 Asphalt Paving Project under contract with Horsfield Construc- tion of Epworth, Iowa, which final pint and schedule were filed in the office of the City Clerk on the 13th day of January, 1987, that said schedule of nd the same is h~reby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, Iurther, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditional- ly against the respective properties benefitted by the improvements as in the schedule, subject to the of secten 384.63, Code of Iowa Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same~ Assessmente of $50.00 or more are payable in 10 equal aunual installments, with interest on the unpaid balance, all as provided in Section 384.65, City Code of Iowa. Conditional deficiency assess- ments, if any, may be levied against the applicable property for the same period of years as the assessments are made payable. Assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publica- tion of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless said assessments are paid in full within said thirty day period all unpaid assessments will draw annuallnterest computed at 9 Regular Session, Janua 19, 1987 37 percent (commencing on the date of ac. ceptance of the work) computed to the December 1st next following the due da~es of the respective installments. Each installment will be delinquent on September 30th following its due date on July I st in each year. Property owners may elect to pay any annual installment semiannually in advancg That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said ce~ tification once each wee!~ for two con- secutive w~eks in the manner provided in Section 362.3, the first publication of which shall not be more than fifteen days from the date of filing of the final schedulu The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provid- ed and directed by Section 384.60 of the Code of Iowa. Passed, Adopted and approved this 19th day of January, 1987. Loras J. Kinesner Mayor Pro-Tern ATTES~ Mary A. Davis City Clerk 38 Regular Session, January 19, 1987 CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS Special Assessment Fund. No. 1331 CITY OF DUBUQUE 1986 ASPHALT PAVING PROJECT AS SHOWN ON ATTACHED SHEETS NO. 1 TO NO. 18 INCLUSIVE Owner Location -- Lot Valuation Assessment INDIAN HILLS SUBDIVISION BLOCK 6 phi]lip J. & Margaret C. Sperry 5 92,157 2,177.32 Esther M. Essman 4 109,090 1,860.08 Christine Yianinas 3 167,318 1,918.11 Virginia Cuualngham Gordon 2 94,995 1,995.03 Lawrence T. & Laura M. Hercig 1 147,584, 3,163,79 INDIAN HILLS SUBDIVISION BLOCK 3 Charles J. Schrup, Jr. 4 157,629 2,648.91 INDIAN HILLS SUBDIVISION BLOCK 1 Robert B. & Sandee J. Merrick 6 209,493 2,283.01 INDIAN HILLS SUBDIVISION BLOCK 8 INDIAN HILLS SUBDIVISION BLOCK 9 Thomas C. & Imelda K. Piekenbrock 2,1 w/2-2,1-1-2,i 34.78 J. Agen Wa~is Jr. 1-1 147.246 1.995.20 J. Edward Mueller 2 106.724 1.764,43 David C. & Ann I. Bauer 9 113.802 1,672,28 Regular Session, January 19,____._1987 INDIAN HILLS SUBDIVISION BLOCK 9 James A. Jr, & Mary A. O'Brion 4 Dennis H. & Nova A. Maack 5 39 INDIAN HILLS SUBDIVISION BLOCK 7 75,388 2,098.21 104,290 1,329.97 Harvey N. & Betty J. Zuckerman I 128,415 2,195.37 No~vey N. & Betty J. Zuckerman 2-2 2,264 344.49 Warren .P. & Esther M. Murray Conk: John C. O'Connor 1-2 w/1-2,3 Blk. 7 1,725.96 Betty R, McKay 4 189,887 2,907.43 Chandler M. & Marian H, Krau~ 5 146,954 2,114.27 Chester Douglas & Charlotte L. Soloma~ 1-6 99,062 1,741.52 Mary Jan & Bernard J, Holte 2-6 w/l-7 351.51 Theresa M. Cicciarel5 8 144,408 2,681.00 Hwan Sun & Esther Chi 9 160,252 4,101.94 Richard R. & Carol L. Reiter 10 124,891 3,181.18 Joe W, & C. Gaa Holdiman 12 103,205 1,865.26 Warren p. & Esther M. Morray Cont; John C. O'Connor 1-2-3 118,997 820.92 Betty R. McKay 2-2.3 1,094 174.25 Betty R. McKay 1-3 840 1,129,63 Mary Jan & Bentard J. Hnitz 1-7 76,410 1,368.43 Theresa M, Cicciarelli 2-7 wi8 747.34 Newton & Rose Marie Chun 1-11 119.324 2,023.46 FALDOEFS PLACE J. B. & Margaret F. Crahan 2-2,1-2,2-1 w/2-4 Blk 4 lnd Hill 210.37 M. Mary Flynn 1-2-1-2-2-1 4,887 369.41 Thomas C. & Imelda K. Pieckenbrock 2-2-2.2-1 w/2,2-1-1-2,1 279.27 Thomas C. & Imalda K. Pleksnbv~ck 2-1-2-2-2-1 2,493 13.38 J. Allen Wallls Jr. 1-1-2,2-2,1 w/l-l-Blk 9 124.42 MINERAL LOT 6 1-1-1-2-4 w/2,2,1-2,2,1 Faldorfs 243.82 2,1-1-2,4 w/1-2-1-2-2,1 Faldor fs 337.80 2,2,2,4 w/2,2,2,2,1 Faldor fs 222.08 MINERAL LOT 8 WEST OF STREET TOTAL Thnmas C. & Imelda K Piekenbrock J. Alien Wallis Jr. 36.96 $95.402.08 Regular Session, January 19, 1987 7.50= 1,980.00 7.00= 1,911.35 32.88= 21,861.26 33.90= 14,486.48 32,88 = 10,055.69 83.00 = 1,494.00 0.90= 589,50 5.70= 731.25 1.40= 9.707.60 1.50 = 97.50 2.50 = 34.50 11.30= 10,363,23 26.00 = 3,412,24 190.00= 2,280.00 175.60 = 1,200.00 168.58 116.75 $79,814.93 0.00 79,814.93 15,587.15 $95,402.08 Indian Ridge From @randview Ave. to Arrowhead Dr. INDIAN HILLS SUBDIVISION BLOCK 1 John C. & Ann M. Ginder 1 David C. & Mary L. Strora 1-2 Wffiiam B. & Carol J. Mao~@ 2-2 W~iam B. & Carol J. Manzel 3 Jesse D. & Donna M. Mclntyro 4 Wm. P. Heltzman & Sandra Lee Ap@ 5 Robert B. & Sand~ J. Merrick 6 93,207 3,166.70 94,802 2,401.77 136,384 158.15 w/2-2 2,415@2 109,867 2,166.94 I15,067 2,306.68 209,542 2,381.89 INDIAN HILLS SUBDIVISION BLOCK 3 Edine B. Storck 1 98,993 2,672,70 Mansfield S. & Adrienne C. Lagen 2 130,766 3,046.48 Regular Session, January 19, 1987 41 ROBINSONS SUBDIVISION MINERAL LOT 24 James E. & Helen E. Keppler J.V. KBPPLER PLACE 1-1 Rondall L. & Mildred M. Dolter MINERAL LOT~ FALDORF'S PLACE 2-1-1 Lynn S. & Kathryn P, Fuller MINERAL LOT 28 INDIAN HILLS SUBDIVISION BLOCK 2 TOTAL ASSESSABLE AMOUNT 148 C.Y. 86.12 S.Y. 334.66 Ton 252.09 Ton 138.83 Ton 10.91 Ton 18.72 Ton 22 L.F. 576.7 L.F. 30.81 S.Y. 5 Each 4 Each 3509 S.Y. 70.4 S.F. TOTAL CONSTRUCTION COST City Share Assessablo Share TOTAL ASSESSABLE AMOUNT 50,323 1,084@8 w/@l-l-l-l-1 178,03 53,985 884,99 131,086 2,685.95 .1-1-2 R~insonsSub 001.24 -1-1-2Robinsons ~b 443.99 70,313 443.32 72,676 86.45 59,518 757.81 119,514 34.45 14,208 1,067.82 wl2-1.2-1-1 450.45 139,495 339.66 w/2-1-2-1@ 1,904.79 128,479 64,42 $49,510.14 7,50= 1,110.00 ZOO = 602.84 32.88= 11,003.62 33.90 = 8,545,85 32~88 = 4,564.73 83.00 = 905,53 0.90 = 387@0 5.70 = 106,70 1.50 = 3@00 11.80 6,516.71 26.00 = 801,06 190.60 = 950.00 175.00 = 700.00 1.40 = 4,912.60 2.50 = 176.00 105~35 $41,420.99 0.00 $41,420.99 $8,089,15 $49,510,14 42 ' Regular Session, January 19, 1987 Regular Sesslo_n, January 19, 1987 43 Ro~sevalt Road from Rhomberg Ave. to the N.P.L. oI Lot 6 of PelFs Subdivision PT, MINERAL LOT 307A River Ridge Stable Inc. 1-2.2.2.L3, L4 & L 1-5 3,173 River Ridge Stable Inc. 2-2.2-2-2 LB, L4 & L 1-5 w/1-2.2.2-3, 4 & 1-5 BARRY SUBDIVISION Robert O. Welnsehenk 1-1 34,164 James P. & Joan A. McCarthy Cont. John J. & Frances M. McDonough 2-1 39,399 David O, Neyens 1-2-2 41,866 Michael R. & Nancy Langesen 2.~2 25,686 David R. & Nancy J. DeBalt 1-2 45,283 Irvin J. & Kathleen M. B0hnke 3 71,076 lrvin J. & Kathleen M. Behnke W. 50'-4 wi3 WilWam L, Gates W. 50'-E. 430'-4 19,889 W9]/am L. Gates W. 50'-E. 380'-E. 430'-4 1,478 Terrance R, & Jean M. Tigges W. iI0'-E. 330'-E. 380'-E. 430'-4 42,885 Myles R. Conway W. 558'-5 1,749 Dubuque County 6 3,759 PEIL'S SUBDIVISION Dubuque Bank & Trust Co. Cont. David W. & Debra M. Penhogow 1-1 Dubuque Bank & Trust Co. Cent: David W. & Debts M. Penhollow 2-1 28,080 2,576 33,346 2,576 9,576 30,710 w/1-2 ML 307 30,006 35,874 33,186 46,168 86,926 48,416 1,928 1,928 24,836 38,963 Ed H. & Hazel 1. Warner PT. MINERAL LOT 307A 2-1 JANSEN SUBDIVISION NO. 3 Francis J. & Matbdda Schumacker 8 Mary C. Stlerman & Mary Jane Stoffregen 7 Arthur J. & Louise C, Behnke 6 Donald & Shirley Krayer 5 JANSEN'S SUBDIVISION NO. 2 67.46 675.57 1,013,83 618.94 515,78 515,78 1,052.61 125.23 61.38 39.20 28.26 4.85 259.33 439.56 515.78 369.09 515.78 515.78 515,78 515.78 515.78 806.99 135.25 1,186.29 703.74 515.78 493.24 515.78 515.78 257,89 257.89 515.78 952.54 20.458 48.74 5.302 146.79 47.046 90.36 MINERAL LOT 367 Mt. Celary Cemetary 1-2 Less Deficiency 9,205.79 909.90 w/i-2 2,218.38 47,472 1,532.07 6,029 559.11 w/l-2 1,384.35 1,358 187.54 37,829 468.84 t9,856 365.69 16,681 881.47 28,019 468.84 15,058 478.23 Ralph John & Susan M. Ellwanger w/Michael Kalb 12 w!6 of Jansens Sub 2 Ralph John & Susan M. Ellwanger w/Michael Kalb tl 1,029 Gary A. & Kristan E. Lungwite 10 21,143 Gary A. & Kristan E. Lun&qvitz 9 w/10 Ralph Jalm & Susan M. EIlwanger w/Michael Kalb 8A w/l-1 of Jansene Sub -2 Ralph John & Susan M. Ellwanger w/Michael Kalb 8 w/l-1 of Jansens Sub -2 Jean K/e/er Adanle ETAL 7 33,216 Jean Kieler Adams ETAL 6 3,416 Robert & ESzabeth Lungwitz 5 29,676 Gary A. & Kfistan E. Lungwitz 4 4,696 David L. & Mary B. We/land 3 34,996 Marvin A. & Slfirley A. Faley 2 38,276 wilgam J. III & Joan M. Gibson 1 40,016 JOHNSTON SUBDIVISION Gereld G. & Kathy J, Fennel i 26,707 Wig/mn L. & Shirley A. Noel 2 35,735 Rite Mae Howe 3 29,502 Gerald A. & Suzanne A. ThSl 4 28,259 Jolm L. & Ethel H. Schroeder 5 32,916 John L. & Ethel H. Schroeder 6 3,602 Frank & Kathrlne Wi~zorek 7 46,050 G~ry L. & Jamie M. Blum 8 41,227 Fhirence Siavegs N. 42'-9 32,796 Anthony W. & Dorothy M. McDermott S. 8'-9 27,797 Anthony W. & Dorothy M. McDermott 10 w/S8'-9 Dubuque County 1-12 5,257 Less Deficiency Net Assessmeat Elaine L. Re/ss 2.18 48,604 MINERAL LOT 306 Dubuque County "Sunnycrest' 3 w/2-18 Fifth Ave Sub PT MINERAL LOT 804 Roland V. & Hi]da Blume 1-2.1-A-1-1-1-1-1 PT ML 304 & 2-2-1-1-1 35,915 Clarence E. & Da/eras E. Delly i-B-2.1 35,735 Dubuque County 2.B.2.1 4,672 Elelne Marie Owens 1-A-2-1 39,893 Doris M. Roth 2.A-2-1 36,466 104.19 98.93 85.72 256.55 206.31 309.47 515.78 515.78 515.78 515.78 515.78 515.78 515.78 567.46 564.78 561.68 558.69 556.01 552.92 549.82 546.52 456.26 86.65 539.82 1,486.75 112.64 4,084.38 1,220.13 74.79 622.13 622.65 605.94 Regular Session, January 19, 1987 FIFTH AVENUE SUBDIVISION LORAS PLACE 4,552 291.93 4,021 460.80 w/2-18 16.92 w/2-18 384.46 57,295 125.75 w/2-19 219.83 2,001,511 8.77 wl2-19 229.11 w/9~ 19 229.11 w/2-19 91.60 wi14 137,40 49,646 229,11 w/14 267,89 wi14 51.58 51,349 206.31 w/1-12 257.89 39,039 103.16 w/lq2 154.73 w/1-10 257.89 w/l-10 257.89 w/5 257.89 wi5 257.89 56,224 257.89 33,861 209.47 wi4 221.79 46,163 36.10 w/2~3 257.89 w/2-3 279.24 Archdiocese of Dubuque 1-1 18,764 955.22 Archdiocese of Dubuque 2 w/1-1 59.42 HAM'S ADDITION Colford N. & Ruth E. Pauly 615 52,534 569.95 Cofford N, & Ruth E, Pauly 2-614 wl615 193.83 Nova C. Fnrus@h 1-614 30,443 512.99 Raymond R, & Frieda E. Luther 613 32,500 569.94 Raymond R. & Frieda E. Luther 612 3,893 515.78 John P. & Alice M. Coffee 611 38,886 515.78 Thnothy J. & Lynn M. F~rry 610 29,566 515.78 James P. & Joan A. McCarthy Cont: Michael A. & Dorothy Crimmins 609 38,626 515.78 Raymond R. & Frieda E. Luther W. 50'-608 w/612 77.37 Thomas A. & Arlynn D. Saylor E. 150'-608 50,562 232.10 Gregory H. & Victoria L. Nauman 607 55,159 144.42 Gregory H. & Victoria L. Nauman NF~ - 606 w/607 45.39 Donald J. & Henrietta M. Steger SFa - 606 43,751 38.17 Donald J. & Henrietta M. Steger 605 w/S~A-606 33.01 Ehner J. & Elsie Miller 538 3,898 747.88 Ehner J. & Elsie Miller 539 30,874 283.68 Marcella M. Kahle 540 32,035 154.73 Kenneth & Hlida Petesch 541 44,582 72.21 Thomas C. & Valma Dalter 481 40,742 72.21 Kenneth & Marie Kunkel 482 45,895 154.73 Petcr R. Thnmormau 483 56,694 283.68 Richard A. & Mary V. Meyer 484 44,138 747.88 Richard A. & Carla B. Simon 414 44,142 72.21 Clarence & Bernice Arthofer 413 42,535 154.73 Ralph T. & Luallle Riedl 412 41,124 283.68 Adaline C. Hartung 411 44,588 747.88 David F. & Margo J. Atchison 410 57,676 856.19 James J. Olese 409 62,771 251,08 G~rge J. & Lucille M. Maas 408 23,072 131.75 Frederick J. & Constance M. Maiers 407 37,776 65.71 Merlyn E. & Eugonia S. Schroedec 406 27,013 32.60 Lawrenco J, & Marilyn M. Herhnr 485 50,871 704.25 Lawrence J. & Mar~vn M. Herber SW 25' -+ 486 w/485 176.71 Regular Session, January 19, 1987 45 tlAM'S ADDITION 29,627 131.11 w/NE 25' -+ 486 115.94 w/SE 32.6' -+ 488 56.74 31,140 62.82 42,547 23.00 w/NW 17.6' -+ 488 34.35 30,509 11.24 w/NE 14' ± 489 17.74 3,919 39.10 43,562 64.16 wi2 PT 2-537 187.64 25,434 24.76 w/1-537 268.62 34,862 283.37 43,540 739.63 LINCOLN SUBDIVISION ttarold R. Metz 1 Stephen C. & Barbara Ann Johnson 1-2 24,299 18.98 24,900 9.59 TOTAL SPECIAL ASSESSMENTS LESS DEFICIENCY ASSESSMENTS NET SPECIAL ASSESSMENTS $73,173.96 9,318.43 $63,855.52 25. C.Y. Excavation, Unclassified 112.45 S.Y. Sodding 994.84 Ton A.C.C. Surface Course 196.2 Ton A.C.C. Leveling Course 26.89 Ton A.C.C. Hand Patch 583 Gal. Prhne or Tack Coat 74.39 Ton Graded Stone Base 96 L.F. Asphalt Sawing 419.9 L.F. Rock Curb or C~rb & Gutter, 1204 S.Y. Concrete Remove & Replace w/10" Concr@e 226.84 S.F. 4" Sidewalk -- Remove & Replace 5435 S.Y. Concrete Pavement Grinding 10 Each Manhole - Roise or Lower i L.S. Catch Basin Repair $ 7,50= 187.50 7.00= 787.15 32.83 = 32,710.34 32.88= 6,451.06 83,00= 2,231.87 0,90= 524.70 5.70 -- 424.02 1.50 = 144.00 11.30-- 4,744.87 36.41 = 43,837~64 2.50~ 567.10 3.55 = 19,294.25 190.00 = 1,900.00 175.00 = 1,575.00 434.93 54.10 144.58 303.00 4,207.50 q~TALCONSTRUCTION COST CITY SHARE ASSESSABLE SHARE ENGINEERING EXPENSE $120,523.61 60,261.80 60,26L81 $73,173.96 TOTAL ASSESSABLE AMOUNT INDIAN HILLS SUBDIVISION BLOCK 3 100,096 3,776.22 128.259 538.52 INDIAN HILLS SUBDIVISION BLOCK 6 PhilHp J. & Margaret C. Sperry 5 Esther M. Essman 4 Christine Yiannias 3 93A22 3,442.32 107,799 599.02 165,584 183.50 46 Regular Session, January 19, 1987 INDIAN HILLS SUBDIVISION BLOCK 7 Harvey N. & Betty J. Zuckerman 1 Harvey N, & Betty J. Zuckerman ~2 Warren P. & Esther M. Murray Cont. John C, O'Connor 1.2 W~rren P. & Esther M. Murray Cent; John C. O'Connor 1-2-3 Betty R. McKay 2-2-3 Betty R, McKay 1-3 INDIAN HILLS SUBDIVISION BLOCK 2 Frederick J. & Susan B. Kunnert 2-1 Edmond & Mary Kay O'Neill 14-2,1-1 Edmond & Mary Kay O'Nalll 2-1-2-1-1 Edmond & Mary Kay O'Neill 1-1-1 Harvey N. & Betty J, Zuckerman ~2-1-1 TOTAL 65 Cubic Yards Excavation, Unclassified 64.07 Square Yards Sodding 53.64 Ton A.C~C. Surtace Course 101.59 Ton A.C.C, Binder Patch 38.53 Ton A.C.C. Leveling Cours~ 120 Gallons Prime or Tack Coat 13.5 Ton Graded Stone Base 314.4 Lineal Feet Rock Curb or Curb & Gutter, Remove & Replace 47.4 Square yard 6" Driveway, Remove & Replace 625 Square Yard Petromat Fabric, Installed TOTAL CONSTRUCTION COST CITY SHARE ASSESSABLE SHARE ENGINEERING TOTAL ASSESSABLE AMOUNT 129,369 3,149.23 2,038 117.58 116,885 330,48 w/l-2 105.31 929 9,13 6,919 9.42 13,291 150,68 w]2,1-2,1-1 99.03 139,606 81.62 $15,647.69 @ 7.50 = 487,50 @ 7.00= 448.49 @ 32.88 = 1,763.68 $15,647.69 Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich, Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich, Krleg, Kronfeldt, Simon. Nays--None. Absent--Mayor Brady, Council Member Manning. Regular Session ACCEPTING IMPROVEMENT RESOLUTION NO. 23-87 WHEREAS, the contract for the 1986 PC. Concrete Paving Project has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted accmxting to the terms of the con- tract, plans and specifications and recommends its acceptanc~ NOW, THEREFORE, BE IT RE- SOLVED by the City Council bf the City of Dubuque, Iowa, that the recomxnen- darien of the City Manager be approv- ed and that svJd improvement be and the sa~ne is hereby accepted. BE IT FURTHER RESOLVED that the City qYeasurer be and he is hereby directed to pay to the contractor from General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of January, 1987. Loras J. Kluesner Mayor Pro-Tem ATTES~ Mary A. Davis. City Clerk Council Membe/Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-qbm Kluesner, Coun- cll Members Deich, Krieg, Kronfaldt, Simon. Nays--None. Absent-Mayor Brady. Council Member Manning. FINAL ESTIMATE RESOLUTION NO. 24-87 WHEREAS, the contract for the 1986 PC. Concrete Paving Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, miscel- laneous costs, and preparing the assess- ment and plat. January 19, 1987 47 NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque: Section 1. That the cost of said im- provement is hereby determined to be $975,703.02. Section 2. That $521,700.65 of the cost thereof shall be assessable upon private property and $454.002,37 shall be paid from General Obligation Bonds. Passed, approved, and adopted ~his 19th day of January, 1987. Loras J. Kluesner Mayor Pro-Tem ATTES~ Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich, Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 25-87 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 1986 P.C. CONCRETE PAV- ING PROJECT, INCLUDING CER- TAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFI- CALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 48 Regular Session January 19, 1987 That after full consideration of the final schedule of ~ascesments and accompany- in4~ plat showing the assessments pmpes- ed to be made for the construction of the 1986 P.C. Concrete Paving Project under contract with the Flynn Company, Inc. of Dubuque, Iowa, which final plat and schedule were filed in the office of the Ci- ty Clerk on the 13th day of January, 1987, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditionally ogainst the respectlve properties benefit- ted by the improvements as shown in the schedule, subject to the provisions of Sec- tion 384.63, Code of Iowa. Said assess- ments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. Assessments of 550.00 or more are payable in 10 equal annual installments, with interest on the unpaid balance, all as provided in Section 384.65, City Cede of Iowa. Conditional deficiency assess- ments, if any, may be levied against the applicable property for the same period of years as the assessments are made payable. Assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publlca- tlon of this notice of the filing of the final plat and schedule of assessments with the County Treasurer, Unless said assessments are paid in full within said thirty day period all unpaid assessments will draw wauual interest computed at 9 percent Icommencing on the date of ec- cep~ance of the work~ computed to the December 1st next following the due dates of the respective installments. Each installment will be dalinquen5 on Sep- tember 30th following its due date on July 1st in each year. Property owners may elect to pay any annual installment semiannually in advance. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cer- tificatlon once each week for two con- secutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by certified mall to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed, adopted and approved this 19th day of January, 1987. Loras J. Kluesner Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Regular Session, January 19, 1987 CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS Special Assessment Fund No. 1332 CITY OF DUBUQUE 1986 P.C. CONCRETE PAVING PROJECT AS SHOWN ON ATTACHED SHEETS NO. I TO NO. 12 INCLUSIVE Wacker Drive from Dodge Street to John F. Kennedy Road HAWKEYE STOCK FARM SEC 27 & 28 Key City Investment Co. Key City Investment Co. Key City Investment Co. Key Citylnvestment Co. Key Citylnvestment Co. 661 1209 8560.69 514 3083.5 6987.5 30 170 3075.99 173.9 2643.3 5 43.8 34 48.5 207 4 4.67 4 2O 2 347,2 301.8 156.7 470,1 1048 Ton Ton Ton 1-1-1-1-1 2,042,340 104,120.49 2-1-1-2-2~1-1 627,743 91,547.51 YIANNIAS PLACE 4 1,244,716 6,796.18 5 57,849 7,719.15 6 241,149 16,459.49 7 146.441 3,961.49 2 286.260 34,509,79 $198,114.10 Excavation, Class 13, Roadway & Borrow @ 5.20 = 3,177.20 Excavation, Class 10, Unstable Materi~l @ 4.20 5,077.80 P.C. Concrete Pavement w/Int. Curb, Class C., 8V:" @ 19.24 = 164,707.68 50 Regular Ses._____~sian, January 19, 1987 524 L.F. 2 Each 835 S.Y. YIANNIAS PLACE Electric Cable 910 THW @ 0.28 = 146.72 Electric Cable #14 AWG, 2C Shielded @ 0,38= 418.15 Wood Street Light Pole & Bracket, Furnish & Install @ 795,00 = 1,590,00 Painting -- Signals & Posts @ 900.00= 900.00 Seeding, Fertilizing & Mulching @ 0.75 = 624.75 TOTAL CONSTRUCTION COST City Share -- Construction Assessable Share -- Construction TOTAL ASSESSABLE AMOUNT HENRY ZIEGLER SUB. Mulgrew Oil Co. 1-1 Mulgrew Oil Co. 2-2 Steven J. & Martha Smith 1-2 Steven J. & Martha Smith 1-3 Dubuque County Farm Bureau 2-3 Dubuque County Form Bureau 4 Dubuque County Farm Bureau 5 Law Building Co. 6 191,484 125,628 wi4 63,743 114,888 282,235 JOHN P. METTEL'S SUB. NO. 2 Merrill M. Vanderloo 2-4 159,889 101,268 JOHANSEN SUB, NO. 1, BLK. 3 Law Bvfldhig Co, 3 Roy L, & Dorothea E, Green 4 Leslie A. Bogs 1-5 Leslie A. Bogs 2-5 Daniel D. Bogs 1-6 Daniel D. Bogs 2-6 Robert J. Lundin 1-7 Robert J. Lundin 2-7 40,858 33,093 7,347 7,527 8,909 JOHANSEN SUB. NO. 1, BLK. I 60.243 58.860 59,915 53,192 HIGHLAND FARM NEIL PLACE [98.456 w/l-1 Clover Hffis Sub Elk 17 NEIL PLACE NO. 2 W.T, Oster Co. 1 57.948 W.T. Oster Co. 2 16.475 $276,539.00 111,587.08 164,951.92 33,162.18 $t98,114.10 13,116.53 916.77 483.35 624.54 786.19 6,804.57 7,478.48 6,975.34 1,792,23 59.19 98.36 ~508.02 2~432.54 1,497.42 89.75 1,497.42 89.75 1,968.89 90.62 42.71 400.10 L075.15 3.552.29 314.14 1.625.77 424.98 7.282.99 5.274.98 Regular Session, January 19, 1987 51 Robert G. & REa L. Kueter Duaue J. & Gwendolyn M. Nilles Redney L. & Donna M, Clemen Michael G. Jr. & Dolores G. Maggie Michaal T. Sr. & Josephine Gerald R. & Georgia A. Carpenter Robert R. & Helen E. Bom Joseph L. & Nancy McK0]ip John L & Pollymxna Splinter William G. & Dorothy Bhim CLOVER HILLS ~UB. BLK. 17 1-1 5,556 1,270.60 Less Deficiency Assessment 347.25 Net Assessment 923.35 2 4,751 1,440.65 Less Deficiency Assessment 252.99 Net Assessment 1,187.66 3 4,825 1,464.98 Less Deficiency Assessment 258.73 Net Assessment 1,206.25 4 4,884 1,489.04 Less Defialency Assessment 268,03 Not Assessment 1,221.01 5 4,908 1,512.56 Less Deficiency 285.67 Net Assessment 1,226.89 6 4,930 1,535.27 CLOVER HILLS SUB, BLK. 18 Guy S. & L@da M. Otterb~ck 1 47,823 2,382.51 James M. & Jodl J. Burton Aloyalus & Sharon Loewen Merlin J. & Mary Ellen Dietzal Joyce Ann Goebal CLOVER HILLS SUB. BLK. 20 52 Regular Session, January 19, 1987 Regular Session, January 19, 1987 53 CLOVER HILLS SUB. BLK. 21 Lmmry J. & Llkda A. Youtey Ralph D. & Sandra Kay Weber 2 Frank J. Jr. & Efleen M. Merges 3 Stefanes M, & Enge~a Sarris 4 John V. & Sbeila F. Walsh 20 CLOVER HILLS SUB. BLK. 32 Ignatius W. & Mldred C. Kircher Dwayne & Mary J. Uptegraph Kevin D. & Kathryn L Conlon Douglas J. & Mildred E. Kennedy Leroy J, & Julie K. Timmerman Leroy J. & Ju]ie K, Timmerman Gerald P. & Diane M. Swift Gerald P. & Diane M. Swift Robert & Mary Murray 2 HIGHLAND FARM JOHN P. METTEL'S SUB. NO. 2 Walter J. Sitterly Herschel T. & Lela M. Henry Cent; Power Lawn & Goxden Equipment Co. Herschal T. & L@a M. Henry Cent: Power Lawn & Garden Equipment Co. Leroy & Darlene Magby 2.2 - East 2 Acres -1 phi0ip A. & Judy A. Ruppel Charles & Carol Helen 2-1-1-2 East 2 Acres-1 1-1-1-2- East 2 Acres -1 MINERAL LOT 452 OLD TIMERS ATHLETIC & SUPPER CLUB 2 SUNSET PARK BLK. 4 25 SUNSET PARK BLK. lO 20 3-21 4-21 CLOVER HILLS SUB. BLK. 27 2 RAVEN OAKS Eugene J. & Madlyn Siegert Eugene J. & Marilya Siegert Elks Home Buflding Co. Ecumonieal Housing, Inc. Roger A. & Mary E. Konrardy Earl M. Moots Daniel A. Gante Daniel A. Gante Earl M. Moots Donald K. & Joaun M. Nesteby Hawkeye Developmen~ 47,147 49,952 45,969 59,394 45,457 46,621 49,524 56,879 44,566 49,341 48,861 67,708 44,225 34,510 41,074 47,994 50,304 84,800 39,282 12,344 313,784 43,756 1,355.083 82,576 91,746 511.486 2,887.11 721.81 248.71 74.34 136.52 280.61 690.72 2,314.12 2,449.29 756.41 981.34 3,710.99 2,275.19 872.66 2,275.19 872.66 6,808.13 4,149.73 5,094,33 5,094.33 2,694.22 2,909.68 3,082.16 1,934.03 17,288.61 14.065.98 35.753.43 606.04 5,563.14 1,860.67 815.04 6,459.32 982,15 346.31 100.57 8.977.50 11.485.83 Dubuque Community School Dist~ct Dubuque County Robert M. & Joan Mosby Merle R, & Helen C. Oaber Robert P. & Cecilia K. Kirchhoff Merlin D, & l~lorence M. Hull Herman V. & Ruth Ann Derouin David M.&Carol J. Kluck Harry R. A~klkson En~& Ruth G. Jove Cant: LeMarKvethn Harry R. AtkJnson HIGHLAND FARM HIGHLAND BLK. 1 Less Deficiency Net Assessment 2 8 4-W. 80' HIGHLAND BLK. 2 3 3 4 MINERAL LOT 455 2 Net Assessment Less Deficiency 893,886 46,965.51 12,335 3,085.40 1.55 3,083.85 76,523 933.22 69,657 346.58 71,574 144.36 68,308 3,417,65 75,326 746.14 75,779 268.72 101,326 65.69 37,480 20,379.91 9,369.98 8,594 2,694.49 545.87 2,148.62 1,677 1,526.61 419.15 27,998 2,967.80 $354,237.38 30,650.83 $323,586.55 5.20 = 14,945.84 4.20 = 15,544.20 19.24 = 302,022.78 4,00= 516.28 1,05 = 6,729.66 200,00= 3,800.00 3.35 = 7,750.93 30.00= 7.314.60 16.50 = 724,35 7.~0 4,018.00 6.00 = 48,784.02 5.50= 2,037.48 4.55 = 12,160.33 75.~0= 7,265.25 1.65: 23.10 80.00= 2,240.00 0.75: 478.05 2.00: 165.00 19,178.40 23.25: 127.88 850,00= 850.00 1,800.00 = 10,800.00 2,250.00 = 2,250,00 2,550.00 = 2,550,00 350.00= 1,750,00 54 Regular Session, January____19, 1987 105 L.F. 2,015.68 S.Y. 803 L.F. 1,032.8 L.F. 255 C.Y. 856 S.Y. Elec. Cable 914 AWG 2 C Shielded @ 0.38 -- 89.90 Storm Sewer Junction Box 527.04 P.C.C. Pavement 2.5' Subdrain 4" Diameter @ 6.00 = 4,818.00 Removal of Guardrail @ 1.50 = 1,549.20 Storm Sewer -- Remove & Replace 1,455.21 Install 2 Storm Sewer Manholes 1,299.97 4" Yellow Plastic Traffic Tape 1,444.00 Overhaul Excavation @ 1.55 = 348.75 parking Lot Drain Outlet 309.52 M-4 Concreto @ 10.00 -- 210,00 15" CMP -- Remove & Replace 850.47 Seeding, Fertilizing & Mulching @ 0.75 -- 642.09 TOTAL CONSTRUCTION COST City Share Assessable Share Engineering Expense TOTAL ASSESSABLE AMOUNT Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich. Krieg, Kronfeldt, Simon. Nay--None. Absent--Mayor Brady, Council Members Manning. $551,487.78 946,542,32 304,944.46 49,292.92 $354~237.28 Regular Session, January 19, 1987 55 RESOLUTION 26-87 factured products located at 3510 Cen- RESOLUTION REPEALING RESO- LUTION NO. 255-86 DULY ADOPTED ON DECEMBER 1, 1986 AND AUTHORIZING THE ISSUANCE OF $5,200,000 IN AGGREGATE PRIN- CIPAL AMOUNT OF THE CITY OF DUBUQUE, IOWA, FLOATING RATE WEEKLY DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (SWISS VALLEY FARMS, CO. PRO- JECT), SERIES 1987, WITH THE PROCEEDS FROM THE. SALE OF THE BONDS TO BE LOANED TO SWISS VALLEY FARMS, CO., FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE ACQUISITION OF LAND, IM- PROVEMENTS AND EQUIPMENT SUITABLE FOR USE BY THE COM- PANY FOR ITS MANUFACTURING, PROCESSING OR ASSEMBLING OF AGRICULTURAL AND MANUFAC- TURED PRODUCTS; THE EXECU- TION AND DELIVERY OF AN IN- DENTURE BY AND AMONG THE ISSUER AND THE TRUSTEE; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BY AND AMONG THE ISSUER AND THE COMPANY; THE EXECUTION AND DELIVERY OF AN ASSIGNMENT OF MORTGAGE; THE EXECUTION · AND DELIVERY OF AN ASSIGN- MENT OF SECURITY AGREEMENT, ALL AS HEREINAFTER DEFINED; THE SALE OF SAID BONDS; THE USE OF AN OFFICIAL STATE- MEN~. APPOINTMENT OF THE TRUSTEE, THE INDEXING AGENT AND THE REMARKETING AGENT;, AND RELATED MATTERS. WHEREAS, the City of Dubuque, Iowa, a municipal corporation oI the State of Iowa (the "Issuer"), proposes to issue its Floating Rate Weekly Demand Industrial Development Revenue Bonds (Swiss Valley Farms, Co. Project) Series 1987, in the aggregate principal amount of $5,200,000 (the "Bonds") with the pro- ceeds from the sale of the Bonds to be loaned by the Issuer to Swiss Valley Farms, Ca, (the "Company"), Ior the pu~ pose of defraying the cost of acquisition of land, buildings, improvements and equipment suitable for use by the Com- pany for its manufacturing, processing or assembling of agricultural or mann- tral Avenue, Dubuque, Iowa (the "Pro- ject''), the Project to be owned and operated by the company, with the finan- cing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and WHEREAS, the City Council of the City heretofore adopted Resolution N¢x 255-86 on December 1, 1986 authorizing, among other things, the issuance of Floating Rate Weekly Demand Indus- trial Development Revenue Bonds (Swiss Valley Farms, Co. Project) Series 1986 in the aggregate principal amount of not to exceed $5,200,000 to be dated as of December 1, 1986; and WHEREAS, the Company has now advised the City that, due to the delay in the sale and issuance of the Bonds, it is necessary to date the Bonds and the documents to be executed in connection with the issuance of the Bonds as of February 1, 1987, to redsslgnate the Bonds as "Series 198T' rather than "Series 1986" and to make certain modifications to the Bonds and the sup- porting documents required by the par~ ties subsequent to the adoption of Resolution No. 255-86 on December 1, 1986; and WHEREAS, the Bonds are to be issued pursuant to provisions of this Resolution and an Indenture (the "In- denture") dated as of February 1, 1987, between the Issuer and United States Trust Company of New York, New York, New York, as Trustee thereunder (the "Trustee"); and WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the Issuer to the Company pursuant to pro- visions of a Loan Agreement (the "Agreement") dated as of February 1, 1987. between the Issuer and the Com- pany; and WHEREAS, pursuant to the Loan Agreement, the Company will make payments in amounts equal to the prin- cipal of, premium, ff any, and interest on the Bonds, which payments will be assigned by the Issuer to the Trustee pursuant to the Indenture; and WHEREAS, as security for the pay- ments of principal of and a certain 56 number of days of accrued interest on Regular Session, January 19, 1987 the Bonds the Company has obtained an Irrevocable Letter of Credit (the "Letter of Credit") from Cooperatieve Centrale Ralffeizon-Boerenleenbank BA. (Rabo- bank Nederland), New York Branch (the "Bank") in favor of the Trustee which authorizes the Trustee to request draws under the Letter of Credit in the amount necessary to pay the principal of and a certain number of days of accrued in- terest on the Bonds; and WHEREAS, as additional security for payment of the Bond and the Company's obligations under the Letter of Credit and Reimbursement Agreement dated as of February 1, 1987 by and between the Bank and the Company, the Company has agreed to execute (i) a Mortgage- Collateral Real Estate. Mortgage, Assignment of Rents - Security Agree- ment and Financing Statement (the "Mortgage") dated as February 1, 1987, by and among the Company, as the mor- tgagor, and the Issuer and the Bank, as the mortgagees, thereunder, pursuant to which the Company grants and conveys to the Issuer and the Bank a first mor- tgage lien in the real estate described in the Mortgage and a first security in- terest in the fixtures and improvements acquired with the proceeds of the Bond, and (ii) a Security Agreement dated as of February 1, 1987 (the "Security Agreement") by and among the Com- pany and the Issuer and the Bank, as secured parties thereunder, pursuant to which the Company grants and conveys to the Issuer and the Bank a first securi- ty interest in and to the collateral (as that term is defined in the Security Agreement), the Mortgage and the Se- curity Agreement each being subject to Permitted Encumbrances, as defined in the Loan Agreement and such other col- lateral as may be described therein; and WHEREAS, substantially all of the Issuer's rights under the Loan Agree- ment are to be assigned by the Issuer to the Trustee pursuant to the Indenture as a result of and in conjunction with such assignment, and by such assign- ment the Trustee shah have the rights set forth for the Issuer in the Mortgage and the Security Agreement; and to fur ther evidence the assignment of the Issuer's rights under the Mortgage and the Security Agreement, the Issuer will execute and record an Assignment of Mortgag~ Mortgage-Collateral Real Estate Mortgage, Assignment of Rents - Security Agreement a~d Financing Statement (the "Assignment of Mor- tgage'') and an Assignment"of Security Agreement (the "Assignment of Secur- ity Agreement") whereby such assignments shall be effected and the Trustee will assume all rights and obliga- tions of the Issuer under the Mortgage and the Security Agreement; and WHEREAS, the Bonds will be put- chased by E. E Hutton & Co. Inc., Des Moines, Iowa (the "Underwriter"); and WHEREAS, there has been presented to this meeting the following documents, which the Issuer proposes to enter into: 1. The form of Agreement by and among the Issuer and the Company; and 2. The form of Indenture between the Issuer and the Trustee setting forth the terms of the Bonds including (without limitation) the maturity date or dates, rate or rates of interest and redemption provisions, and the conditions and security for payment of the Bonds; and 3. The form of Mortgage and form of Assignment of Mortgage; and 4. The form of Security Agreement and form of Assignment of Security Agreement; and 5. The form of Inducement Letter (the "Inducement Letter"), from the Com- pany, respectively, to the Issuer, the Bank and the Underwriter; and 6. The form of a Preliminary Official Statement and final Official Statement relating to the Bonds (collectively refe~ red to as the "Official Statement") used by the Underwriter in the sale of the Bonds; and 7. The form of Bond Purchase Agree- ment (the "Bond Purchase Agreement") by and among the Underwriter, the Com- pany and the Issuer relating to the is- suance, sale and purchase of the Bonds; and 8. The form of Investment Restrictian Agreement dated as of February 1, 1987 (the "Investment Restriction Agree- ment"), by and among the Issuer, the Company and the Trustee; and 9. The form of the Bonds, as set forth in the Indenture; and 10. The term of Letter of Credit. WHEREAS, it appears that each of _Regular Session instruments above referred t~ which are now before each of the Council Members of the City Council of the Issuer, is in ap- proprlate form and is an appropriate in- strument for the purposes intended; NOW, THEREFORE, Be It Resolved by the City Council of the Issuer as follows: Section 1. That Resolution No. 255-86 duly adopted by the City Council on December 1, 1986 shall be and hereby is repealed. Section 2.'That the Issuer defray aH or a portion of the cost of financing the acquisition of land, buildings, im- provements and equipment suitable for use by the Company for its manufactu~ lng, processing or assembling of agri- cultural or manufactured products (the "Project") by issuing the Bonds and loaning the proceeds of the sale of the Bonds to the Company, which Project qualifies under the Act for financing with the proceeds of the Bonds and which Project will promote the health, safety, general welfare and prosperity of the inhabitants of the city in which the Project is located and surrounding env- virons, and of the State of Iowa and otherwise promote the public purposes set forth in the Act. Section 3. That in or'er to finance the cost of the Project, the issuance of the Bonds in the aggregate principal amount of $5,200,000, maturing on such date or dates, in such amounts and bearing the rate or rates of interest as set ferth in the Indenture with such initial rate of in- terest for the first interest period to be approved, confirmed and certified by the Mayor and/or City Clerk at a rate not to exceed ten percent (10%) per annum, in aubstantinlly the form and content set forth in the Indenture now before this meeting, subject to appropriate insertion and revision in order to comply with pro- visions of the Indentur~ be and the same hereby are in all respects authorized, ap- proved and confirmed, and the form and content of the Bonds set forth in the In- denture now before this meeting be and the same hereby are in all respects authorized, approved, ratified and con- firmed, and the Mayor and~r City Clerk (the "Issuer Officials") are authorized, empowered and directed to execute, January 19, 1987 57 whether by manual or facsimile signa- tures, impress the official seal of the Issuer (or cause to have printed a fac- simile thereal~ thereon and deliver for and on behalf of the Issuer the Bonds to the Trustee for authentication and the Trustee is hereby authorized and dir- ected to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limi- tation the maturity date or dates, rate or rates of interest and redemption pro- visions) bo and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. Section 4. That the Issuer loan to the Company, pursuant to the Agreement, to be used to finance all or a portion of the costs of the Project which Agree- ment provides for repayment by the Company of an amount equal to prin- cipal of, premium, if any, and interest on the Bonds when and as due and the form and content of the Agreement, the pro- visions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed and the Issuer Officials be and they hereby are authorized, empow- ered and directed to execute, attest, seal and deliver tho Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the Issuer, including necessary counterparts in sub- stantially the form and content now be- fore this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriat~ including those changes requested by any rating agen- cy, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, addi- tions or deletions therein from the form and content of the Agreement now be- fore this meeting, and that from and al- ter the execution and delivery of the Agreement, the Issuer Officials are here- by authorized, empowered and directed to do all such acts and things and to ex- ecute all such documents as may be ne- cessary to carry out and comply with the ~rovisions of the Ag~ement as executed. Section 5. That United States Trust Company of New York, New York, New York is hereby appointed Trustee under the Indenture and the form and content of the Indentor~ the previsions of which 58 Regular. Session, January 19, 1987 are incorporated herein by reference, which provisions include, but are not limited to, the appointment of Rema~ keting Agent and the assignment of the Issuer's rights and interest in and to the Agreement (with certain exception as stated in the Indenture) be and the same hereby are in ail respects authorized, proved and confirmed, and the Issuer Of~ ficials be and they hereby are authoriz- ed, empowered and directed to execute, attest, seal and deliver the Indenture for and on behalf of the Issuer to the 'lkustee for the security of the Bonds and the in- retest thereon, including necessary counterparts in substantially the form and content now before tins meeting but with such changes, modifications, addi- tions and deletions therein as shall to them seem necessary, desirable or ap- propriate, including those:changes re- quested by any rating agency, their ex- ecution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and con- tent of the Indenture now before this meeting, and that from and after ~he ex- ecutinn and delivery of the Indenture, the Issuer Officials are hereby authorlz- ed, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provi- sions of the Indenture as executed. Section 6. That the sale of the Bonds to the Underwriter subject to the terms and conditions set forth in the Bond Pu~ chase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are authorized, approved and confirmed and the Mayor and the City Clerk be, and they hereby are authorize~,, empowered and directed to accept and deliver to the Underwriter the Bond Purchase Agree- ment for and on behalf of the City, in- cluding necessary councerparte in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessar~ desirable or appropinte, their execution thereof te constitute con- clusive evidence of their approval of any and an changes modifications, additions or deletions therein from the form and content of the Bond Purchase Agree- mont now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agree- ment, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and com- ply with the provisions of the Bond Pur- chase Agreement as executed. Section 7. That the purchase of the Bonds by the Underwriter at the pu~ chase price of 98.70% of the par value thereof is hereby authorized, approved and confirmed and the Issuer Officials are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out the sale of the Bonds to the Underwriter. Section 8. That the form and content of the Mortgage and the Assignment of Mortgage be and the same hereby are authorized, approved and confirmed and the Issuer Officials be, and they hereby are, authorized, empowered and directed to execute, attest, seal and deliver the Mortgage and the Assignment of Mor- tgnge for and on behalf of the Issuer, in- cluding necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem neceesar~, desirable or appropriate, their execution thereof to constitute con- clusive evidence of their approval of any and an changes, modifications, additions or deletions therein from the form and content of the Mortgage and the Assign- merit of Mortgage now before this meeting, and that from and after the ex- ection and delivery of the Mortgage and the Assignment of Mortgage, the Issuer Officials are hereby authorized, em- powered and directed to do an such acts and things and to execute all such docu- and comply with the provisions of the Mortgage and the Assignment of Mor- tgage as executed. Section 9. That the form and content of tfie Security Agreemen; and the Assignment of Security Agreement be and the same hereby are authorized, ap- proved and confirmed and the Issuer Of- ficials b~ and they hereby ar~ autho~ Regular' Session ized, empowered and directed to execute, attest, seal and deliver the Security Agreement and the Assignment of Security Agreement for and on behalf of the Issuer, including necessary counter- parts in substantially tho form and con- tent now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute con- clusive evidence of their approval of any and an changes, modifications, additions or deletions therein from the form and content of the Security Agreement and the Assignment of Security Agreement now before this meeting, and that from and after the execution and delivery of the Security Agreement and the Assign- ment of Security Agreement, the Issuer Officials are hereby authorized, em- powered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Security Agreement and the Assign- ment of Security Agreement as excuted. Section ffi. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Issuer Officials be, and they hereby are, authorized, em- powered and directed to accept the In- ducement Letter fo~ and on behalf of the Issuer by execution thereof, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifi- cation, additions or deletions therein a~ shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and ail changes, modifi- cations, additions or deletions therein as from the form and content of the Induce- ment Letter now before this meeting, and that from and after the execution and delivery of the Inducement Letter, the Issuer Officials are hereby author- ized, e~npowered and directed to do ali such acts and things and to execute all such documents as may be necessary to carry out and comply with the previ- sions of the Inducement Letter as executed. Section 11. That the form and content of the Investment Restriction Agree- ment be and the same hereby are January 19, 1987 59 authorized, approved and confirmed and the Issuer Officials be, and they hereby are, authorized, empowered and directed to execute, attest, seal aud deliver ghe In- vestment Restriction Agreement for and on behalf of the Issuer. including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifi- cations, additions or deletions therein as shall to them seem necessary, desiraine or appropinte, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifi- cations, additions or deletions therein frem the form and content of the Invest- ment Restriction Agreement now before this meeting, and that from and after the execution and delivery of the Investment Restriction Agreement, the Issuer Of- ficials are hereby authorized, empowered and directed to do all such acts and things and to execute all such docu- ments as may be necessary to carry out and comply with the provisions of the Investment Restrictlon Agreement as executed. Section 12. That the Issuer Officials of the Issuer be and they hereby are authorized to execute and deliver for and on behalf of the Issuer any and all addl- tional certificates, documents, opinions or other papers and perform all other acts (including without limitation the ill- ing of I.R.S. Form 8038, and the filing of financing statements, if any, or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture and the Agreement and the execution of all closing documents as may be required by Ahlere, Cooney, Dorweiler, Haynie, Smith & Allbee, as Bond Counsel, and the acceptance of any documentation evidencing indemnifica- tinn of the Issuer by the Company in connection with the transactions con- templated hereby) as they may deem necessary or appropinte in order to im- dement and carry out the intent and purposes of this Resolution. Section 13. That the Agreement re- quires the Company in each year to pay amounts of principal of, premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by the Company to the Trustee pursuant to the Agreement is hereby authorized. approved and confirmed. 6O Section 14. That the Bonds are limited obligations of the Issuer payable solely out of the Bond Proceeds, amounts re- quired to be paid by the Company pur- enant to and in accordance with provi- sions of the Agreement, and to the ex- tent of principal and a certain number of days of accrued interest, from draws by the Trustee under the Letter of Credits, and, as further provided in the Indenture, and are secured pursuant to and in accordance with provisinns of the Indenture, the Mortgage and the Letter of Credit. The Bonds and interest thereon shall never constitute an in- debtedness of or a charge either against the Issuer, the State of Iowa or any sub- division thereof, within the meaning of any constitutional or statutory debt limi~ or against the general credit or tax- lng power of the Issuer. Section 15. That the use by the Under writer of the Official Statement in con- nection with the sale of the Bonds is hereby authorized and approved; provid- ed, such authorizatio~ and approval shall not be deemed to include authorization and approval of information contained in the Official Statement other than in- formation contained under the caption "THE ISSUER", but nothing contain- ed in this Resolution shall be construed as prohibiting or limiting the Under- writer and the Company from including such information as they deem appro- priate~ Section 16. That the Issuer hereby elects to have the provisions as to the ex- empt small business limitation of $10,000,000 under Section 144(a)(4)(A) of the Code, apply to the Bond, and the Mayor or the City Clerk are hereby directed to file or cause to be filed an ap- proprinte statement relating to such elec- tion with the Internal Revenue Service. Section 17. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision shall for any reason be declared to be in- valid, such declaration shall not affect the validity of the remainder of the sec- tions, phrases or provisions. Section 18. All Resolution and Orders or parts thereof, in conflict herewith ar~ to the extent of such conflict, hereby repealed and this Resolution shall be in Regular Session, Janu_~19, 1987 full force and effect immediately upon its adoption. Adopted and approved this 19th day of January, 1987. City of Dubuque, Iowa Loras J. Kluesner Mayor Pro-Tem Seal) kttest: Mary A, Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Pro-Tem Kineener, Coun- cil Members Deich, Krieg, Kronfaldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. Communication of City Manager sub- mitting an Ordinance to update the rules of procedure for City Council Meetings, presented and read. Council Members Krordeldt moved that this communication be received and filed. Seconded by Council Member ~imon. Carried by the following vote: Yeas-Mayor Pro~Tem Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Coundl Member Manning. An ORDINANCE Amending the Code of Ordinences of the City by repeal- ing Section 2-31 thru 2-55 thereof and by enacting new Sections 2-31 thru 2-45 in lieu thereof providing for rules of pro- cedure for City Council, presented and read.~C ouncil Member Kronfeldt moved that this be considered the first reading ~f the Ordinance, Seconded by Council Member Simon. Carried by the follow- ing vote: Regular Session JanUary 19, 1987 61 Yeas-Mayor Pro-Tem Kinesner, Coun- cil Members Deicli, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. Communication of City Manager sub- mitting an Ordinance provi~ding for the deletion of six obsolete sections from the Code of Ordinances relating to the ad- ministration of public parking facilities, presented a~d read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-qhm Kluesne~; Coun- cil Members Deich, Kreig, Kronfoldt, Simon, Nays-None. Absent-Mayor Brady. Council Member Manning. An ORDINANCE Amending the Code of Ordinances by repealing Sec- tions 25-277, 25-296, 25-311, 25-314, 25-331 and 25-332 prbviding for the ad- ministration of Public Parking Facilities and the issuance of Notices for Parking Violations, presented and read. Council Member Kronfeldt moved that this be considered the first reading of the Or dinance. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tem Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None, Absent-Mayor Brady. Council Member Manning. Authorization for Mayor Jan~es Brady and Council Members Don Deich, Katie Krieg and Barbara Manning to attend, at City expense, the National League of Cities Meeting to be held in Washington, D.C. on February 27 to March 3, 1987, was presented for approval. Council Member Kronfeldt moved that the re- quest be approved and authorized. Car- ried by the following vote: Yeas-Mayor Proqbm Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. Council Member Simon moved that they approve the authorization to cancel the Council Meeting of March 2, 1987. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-Mayor Pro-Tern Kluesner, Coun- cil Members Deich, Kreig, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. Communication of Operation: New View requesting appointment of repre- sentative and alternates to their Board of Directors, presented and read. Council Member Kronfeldt moved that the current representatives (Gear- hart, Deich, Krieg) be reappointed. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tem Kluesner, Coun- cil Members Deich, Krieg, Kronfaldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. BOARDS AND COMMISSIONS APPOINTMENTS -- ELECTRICAL APPEALS BOARD: Council Member Krieg moved that Robert Wirzbach be appointed to a term expiring on 7-12-89. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-Mayor Pro-Tem Kluesne~; Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Neys-None. Absent-Mayor Brady, Council Member Manning. 62 Regular Session January 19, 1987 HUMAN RIGHTS COMMISSION: 3 3-Year Terms that will expire 1-1-90 (terms of R. Sutton, E. Chi, D. Nicholson); Ap- plicants: Merlyn Atkinson, Brenda M. Bernal, Bernard Tigges, Elaine Lager- strom, Daniel Nichnlson, Ruby Sutton. Vote on the appointment was as follows: Mayor Brady - Absent; Council Member Deich voted for Bernal, Nicholson, Sutton; Council Member Kluesner, voted for Lagerstrom, Nicholson, Sutton; Council Member Krieg voted for Lagerstorm, Nicholson Sutton; Council Member Kronfeldt voted for Lagerstrom, Nicholson, & Sut- ton; Council Member Manning - Absent; Council Member Simon voted for Lagerstrom, Nicholson & Sutton. Therefore, Elaine Lagerstrom appointed and Daniel Nicholson & Ruby Sutton reappointed to terms that will expire 1-1-90. HOUSING CODE BOARD OF AP- PEALS - 2 3 -Ye ar Terms that will expire 1-11-90 (terms of J. Busch & C. Kelly) & 1 Unexph'ed term that will expire 1,11-88. Application: John T. Hagerty & Clarence J. Adams. Council Member Krieg moved that J. Hagerty & C. Adams be appointed to the Housing Code Appeals Board for terms that will expire 1-11-90. Seconded by Council Member Kronfeldt. Carried by the following vote: YeasdMayor Pro-Tern Kluesner, Coun- cil Members Deich~ Krieg, Kronfeldt, Simon. Nays-Nona Absent-Mayor Brady, Council Member Manning. HOUSING COMMISSION; 1 Unex- pired term which will expire 8-17-87. Ap- plicant: Mary Ransdell. Council Member Krieg moved that Mary Ranedell be appointed to the Housing Commission for a term which will expire 8-17-87. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pm-Tern Kluesner, Court- cil Members Deich, Krieg, Krordaldt, Simon. Nays--None. Absent--Mayor Brady, Council Member Manning. RESOLUTION NO. 27-87 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council ~r approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque~ Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT TFM Co. Oky Doky #11 1101 Rhoraberg Ave. (Also Sunday Sales) Iowa Oil Company IOCO Speede Shoppe3200 Central Ave, (Also Sunday Sales) Robert A. Mebrl Milk House 2311 Windsor Ave. (Also Sunday Sales) Lee W. Potter, Sr. West Locust Mart 408 W. Locust St. (Also Sunday Sales) Passed, adopted and approved this 19th day of January 1987. Loras J. Kluesner Mayor Pro-Tern Attest: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas-Mayor Pro-Tern Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Regular Session January 19, 1987 63 .Nays-None. Absent-Mayor Brady, Council Memb~ Manning. RESOLUTION NO. 28-87 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS. The premises to be oc- cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relev~u~t thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque~ Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor Licens~ CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Gomer's Inc. 1105 University Robert P. Splegelhnlter The Club House 2364 Washington Passed, adopted and approved this 19th day of January 198~. Loras J. Kluesner Mayor Pro-Tern Attest: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the ~following vote: Yeas-Mayor Pro-Tern Kinesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. MINUTES SUBMITTED: Cable Community Teleprogramming Conuuis- sion of 12-2 & 1-6; Public Library of 12-16; Zoning Board of Adjustment of 1-11, presented and read. Council Member Kronfeldt moved that the minutes be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tern Kluesner, Coun- cil Members Deich. Krieg, Kronfeldt, Simon. Nays-None. Absent~Mayor Brady, Council Member Manning. City Manager submitting Financial Reports for month of December, 1986 AND Proof of publication, certified to by the Publisher, on List of Claims for month of November, 1986, presented and read. Council Member Kronfeldt moved that the report and proof be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tem Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. NOTICE OF CLAIMS AND SUITS: Kenneth Haugen, Jr., in amt. of $40,000 + for false imprisonment et al; Attorney Chad Cox on behalf of Harold & Linda Nachtman, re: building permit issuances for residence at 945 Prince Philip Drive; Serenus Manders, in amt. of $225.42 for vehicle damages; Delos Dorweiler re: buiIding going up on his abutting pro- perty, presented and read. Council Member Kronfeldt moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-ibm Kluesner, Coun- cil Members Dcich, Krleg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. 64 Regular Session January 19, 1987 Communications from Janet Busch submitting her resignation as a Board Member of the Housing Code Appeals Board; Wm. %rnent subrMtting resigna- tion as a member of the Cable Regu- latory Commission, presented and read. Council Member Kronfeldt moved that the communication be received and fil- ed and accepted the resignation with regret. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tern Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. Group W Cable, Inc. c/o TCI of Iowa, Ina and TCI of Illinois, Inc submitting Petition for Waiver and Amendment pursuant to Television Franchise O~ dinanee NO. 42-81, presented and read. Council Member Kronfeldt:~oved that the Petition be referred to the City Mgr. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tern Kluesner, Coun- cil Members Deich, Krieg, Krenfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. Communication of City Manager sub- mitring comments on City census tracts as requested at the last Council Meeting, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tern Kluesner, Coun- cil Members Deich, Krieg, Kronfeldt, Simon. Nays-None~ Absent-Mayor Brady, Council Member Manning. Communications of Corporation Counsel recommending settlement of tar damages to Wanda Schreeder in amt. of $356.72 and Mid-Cont'men~tel Bottlere in amt. of $1,480.76, presented and read. Council Member Kranfeldt moved that the communications be received and ill- ed and approved settlements. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Pro-Tern Kinesner, Coun- cil Members Deice Krieg, Kronfeldt, Simon. Nays-None. Absent-Mayor Brady, Council Member Manning. There being no further business, Coun- cil Member Kronfeldt moved that the meeting be adjourned. Seconded by Council Member Simon. Carried by the fallowing vote: Yeas-Mayor Pro-Tern Kluosner, Coun- ciLMembers Deich, Krieg, Kronfeldt, Nays-None. Absent-Mayor Brady, Council Member Manning. Meeting adjourned at 8:37 p.m. Mary A. Davis City Clerk Approved 1987 Adopted. 1987 Mayor Council Members ATTESq!. City Clerk ;ITY COUNCIL OFFICIAL Regular Session, February 2, 1987 Council Met at 7:30 p.m., in the Public Library Auditorium. Present: Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W** K~nneth'Oearhatt, Corpora-. tion Counsel Barry A. Lindahl. Mayor Brady mad the call and stated that this meeting is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by The Very Bev. R. L. Waller, Rector of St. Thomas of Canterbury Anglican Catholic Church. February, 2, 1987 The Honorable James E. Brady, Mayor and Members of the City Council City Ha~ Dubuque, Iowa 52001 Couneil Membe~:; Bids were received today covering $4,000,000 City of Dubuque, Iowo, General Obligation Bonds. There were eight bide received which are listed at the bottom of this letter in accordance with the attached signed bids. Upon examination, it is our opinion that the bid of Prudential-Bache Securities Ina and Associates is the best bM received, and it is further our opinion that it is favorable to the City and shoukl be accepted. We therefore recommend that the bonds be awarded to that bid- der at a price of $3,960,000.00 and ac- crued interest, being at a net interest rate of 5.4785%. N~r r~rER~ST RATE Allied Group Se~giti~s ................ 5.7634% Chemical Bank ...................... 5.7715% The First National Bank of Chicago and Mercantile Trust Compau~, N.A. and 1987 65 Res~ectifully submitted, SPEER FINANCIAL, INC. Richard A. Pavia President Council Member Kluesner moved that the communication be received and fib ed and made a matter of record. Second- ed by Council Member Sim°n. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Manning. Nays-Nona RESOLUTION NO. 29-87 RESOLUTION DIRECTING SALE OF $4,000,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as re- qnired by law, bids have been received at public sale for the bonds described as follows and the best bid received is deter- mined t0 bb the following. '$4,000,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS: BiddY': Prudenfia~-Bacbe Secutiti~s, Ina of Chicago, Illinois the terms of said bid being. Total Interest ....... $2,205,762.50 Less Premium ......... $40,000.00 Net Interest Cost .... $2,245,762.50 Net Interest Rate ....... 5.47858%