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1986 August Council ProceedingsRegular Session, August 4, 1986 Regular Session, July 21, 1986 the communication be received and fil- ed and request approved with referral to the City Manager for proper implemen- tatinn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business, Coun- cll Member Manning moved to adjourn. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Meeting adjourned - 10:09 p.m. Mary A. Davis City Clerk Approved 1986 Adopted _ 1986 Mayor Council Members ATTEST: City Clerk Greg Matthew and Mark OFFICIAL Regular Session, August 4, 1986. Council met at 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Cor- poratinn Counsel Barry A. LindahL Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may come before the Council. The INVOCATION was given by Rev. John Middents, Interim Pastor of the First Baptist Church. PROCLAMATIONS: Week of August llth as "Mentally Handicapped Health Week" received by Joe Oldham; Week of August 4th to 10th as "Dubu- que County Fair Week" received by the Dubuque County 4-H King and Queen; August 15th thru October 31st as "United Way Campmgu T h ed by Bob Heacock; Week of August 9t through 17th as "Mississippi River Revival Week" received by Michael Breitbach. Council Member Simon moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to reclassify properties located east of Harrison St., south of Dodge St. and west of the Soo Line RR Right of Way from HI Heavy Industrial District to LI Light Industrial District, presented and Marc Olson, Rev. Wm. Dhx, James Kennedy, Phil MacNider, Frank Ferris dustrial zoning. Pete Sfikas, Eleanor Bateman and Al Polsean, Pat O'Neill, Ralph Cottrell, Robert palman, Richard Pdchards, A1 Kilberg, Francis Frommelt, JoAnn Shaw, Elizabeth Mihalahis, Dan Mihal, James Mitchell, Jack Miller all supported current zoning and requeste.d. to be left at Heavy Industrial. Council Member Kronfeldt moved to cut off public input with reservation for Coun- cll to ask questions of parties in au- dience. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. 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 Brady, Council Members Daich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Petition of M & S Leasing and owners of the Celotex property, protesting zon- lng reclassification of above property ~rom HI Heavy Industrial District to LI Light Industrial District; Petitions from Vinlette Weber, Brother Felix Teja, Coca-Cola Bottling Co., Target Stores. Hodge Transit Warehouse, Art Pape Transfer, Inc., Gregory Luerkens, ktarold & Wilma Heller, Automotive Enterprises Co., Paul J. Uhlrich, Dave Betcher, Gary & Bob Soppe, Jim Giese, John Ward, John M. O'Conner, Marce Olson, Wm. Bremner, Robert Daykln, Ianet DeMalo, Mrs. Jeraldine Vernon, Mary Wright, Hamel parking Lot Ser- vice, Inc., Clifford Kryger, Miller Elec- tric Supply Inc., W. H. Krause, Eagle Mfg. Co., Jill, John & Joy Rokusek, Louise Halliburton, Robert Eichman; objecting to proposed rezoning; Com- municatinn of Robert Bertsch, Counsel for M & S Leasing, filing their written against the reclassification of Celotex properties from Heavy dustrial to Light Industrial District addressed Council as being against zon- ing as proposed from Heavy Industrial classification; Petition of Linda Pfeiffer Industrial. Robert Bertsch, et al (25 signers) opposing proposed zon- to Light - ,~ ,f,. ;.~ ohan~e of the Celotex and nearby · ' 'halakis and Duouque ~ou.~: ~..~, ......... · , _~ z~...., Industrial. Bryan I Manager snaring mzormauo~n ~-~ . ~. Mihalakls su . P .... ~f rlabnis White of the Planmng a in approx. 2200 s~guatures opposing ;~on,~-~'][~.~;o*;~n clarlfving the zon- rezgoning of the Celotex property. Tom ~ Zomng ~o ............. 290 291 Regular Session lng changes that has involved this area; and Communication of Steve Hardie, Pres. of Frank Hardie Advertising, re- questing Council approach rezoning issue with sufficient study and conw sideration of community impact, presented and read. Council Member Simon moved that the petitions and communications be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. An ORDINANCE Amending the Code of Ordinances by revising Appen- dix A by reclassifying property located west of Harrison St., south of Dodge St. and west of the Soo Line RR Right of Way from HI Heavy Industrial to LI Light Industrial District, presented and read. Council Member Kronfeldt moved that they return this zoning to Plan- ning and Zoning Comm. to closure for LI for this after changing text to allow scrap yard subject to certain restric- tions. Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--Council Members Kronfeldt, Manning. Nays--Mayor Brady, Council Members Daich, Kluesner, Krieg, Simon. MOTION FAILED. Council Member Kronfeldt moved to return this matter to P & Z Comm. with instructions to investigate zoning possibly in this area so M & S could own and probably operate in this area. MO- TION DIED FOR LACK OF A SECOND. Council Members Deich moved that the matter be reconsidered and that they appoint an Ad Hoc Committee especial- ly for this matter and report back at the next Council Meeting. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Simon. Nays--Council Members Kluesner Kronfeldt, Manning. Council Member Krieg moved that they reconsider the previous action, Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council August 4, 1986 Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Krieg moved that they table the matter mad refer to the Staff for the next meeting. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady. Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. 10:12 P.M. w Council recessed. 10:24 P.M. - Council reconvened. Proof of publication, certified te by the Publisher, on Notice of Public Hearing on an application to provide Taxicab Service in the City of Dubuque by Ronald Conrad, Sr., presented and read. There were no written objections receiv- ed and no oral objectors present at the time of the Hearing. Ronald Conrad and Jeannette Leurkens spoke hi favor of the service being sold to 'Mr. Conrad. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Attorney Dennis Nanghton on behalf of Wm. & Jeannette Luerkens encouraging cooperation and assistance to Ronald and Savera Conard on taking over the cab service AND Communication of the City Manager pertaining to the approval of the applica- tion, presented and read. Council Member Kluesner moved that they approve the transfer of taxi service business to Ronald J. Conrad, Sr. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on plans and specs, for construction of Wastewater Treatment Facility Maintenance Building AND Proof of publication, certified to by the Publisher, on Notice to Bidders for the construction of Wastewater Treatment Facility Maintenance Building, AND 292 Regular Session, August 4, 1986 Communication of City Manager recom- mending that the submitted bids be re- jected and that the Maintenance Building Project be rebid and the r?salu- tions approved for this process, presented and read. Council Member Kronfeldt moved that the proofs of publication and communication be received and filed. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 180-86 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa, gave its preliminary approval of the plans, specifications, and form of contracts on July 7th, 1986 for the Dubuque Wastewater Treatment Facility Maintenance Building - 1986; and WHEREAS, a public hearing was held on August 4th, 1986 on the propos- ed plans, specifications and form of con- tracts, wherein said plums, specifications and form of contracts were amended; and WHEREAS, it is necessary that a public hearing be held on the amended plans, specifications and form of contracts. NOW, THEREFORE, BE IT RESOLVED that on the 18th day of August, 1986, a public hearing will be held at 7:30 p.m. in the public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contracts and cost ~f said improvements, and the Ci- ty Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, 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 ~n- terested persons may appear and file ob- jections to the proposed plans, specifica- tions, contracts, or estimated cost of the improvement. Passed, approved and adopted this 4th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 181-86 ORDERING BIDS wHEREAS, the City Council receiv- ed bids for the construction of the Dubu- que Wastewater Treatment Facility Maintenance Building on July 24th, 1986; and WHEREAS, the City Council has re- jected all bids, and has determined that the project plans and specifications should be modified and the project should be readvertised for the receipt of bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the bids received for the Dubu- que Wastewater Treatment Facility Maintenance Building on July 24, 1986 are hereby rejected. That the Dubuque Wastewater Treat- ment Facility Maintenance Building - 1986 as amended is hereby ordered to be advertised for bids for construction- BE IT FURTHER RESOLVED, that the amount of the security to accom- pany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for tbe construction of the improvements herehi provided, to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 12th day of August, 1986. Bids shall be opened and read by the City Clerk at said time and wlil be submitted to the City Council for final action at 7:30 p.m. on the 18th day of August, 1986. passed, approved and adopted this 293 Regular Session 4th day of August, 1986. Janaes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kranfeldt moved adoption 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. Communication of the Planning and Zoning Commission requesting that Council concur with their denial of re- quest by Victor P. Stecher for zoning classification of property located in the vicinity of 1600 to 1700 block of Rockdale Road, presented and read. Council Member Kronfeldt moved that the nmtter be tabled. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission submitting results of second Public Hearing on the requested rezoning of 2196-2198 University as ap- plied for by John Bonnette and in- dicating reaffirmation of their approval of the proposed PC Planned Commercial District and Conceptual Development Plan with the original conditions as previouaiy approved by the Commie- sion, presented and read. Council Member Simon moved that the com- munication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Providing that the Code of Ordinances be amended by revising Appendix A thereof, by reclassifying 2196-2198 University from R-3 Moderate Density Multi-Fatally Residential District to PC Planned Com- meraial District, presented and read. Council Member Simon moved that this be considered the first reading of the Or- dinance and that the requirement that a proposed Ordinance be considered and August 4, 1986 voted on for passage at two Council meetings prior te the meeting at which it is to be finally adopted be suspended, and further moved that a Public Hear- ing be held on the proposed Ordinance on September 2, 1986 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing Council to officially designate a name for the Ice Harbor area (tabled from meeting of July 7, 1986); Com- nunicatlon from C. Glab, Chairman of the Historic Preservation Commission submitting recommendation supporting the official designation of the "Ice Har- bor'' for the 4th Street Peninsula area; Communication of Dubuque County Historical Society favoring the name Port of Dubuque" for area, however, strongly feel that the Ice Harbor remain the name for the harbor; South End Club of Dubuque requesting not to change a historic name and leave Harbor part call- ed the "Ice Harbor"; Communication of the Telegraph Herald submitting results of the poll in the naming of the 4th Street Peninsula area, presented and ~ad. Council Member Kronfeldt moved that the communications be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brady. Submission of signed petitions (250+ signatures) requesting Ice Harbor name be retained and verbal request of Win- nie Thompson to make presentation to Council, presented and read. Council Member Kronfaidt moved that the peri- tions be received and filed and that the "~[ce Harbor" name be retained for this area. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Dalch, Kluesner, Krieg, Kronfaidt, Manning, Simon. Nays--Mayor Brady. Communication of Thomas W: McKay, representing FDL Foods, Inc. requesting certain actions associated Regular Session, August 4, 1986 with refinancing the FDL Foods long term debt; Communication of Attorney Thomas W. McKay, representing FDL Foods, submitting Resolution to dispose of interests in certain real estate and to enter into a Subordination Agreement, nrasented and read. Council Member ~ronfeldt moved that the communica' tion be received and flied. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kinasner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 182-86 A RESOLUTION DECLARING THE INTENT OF THE CITY OF DUBU- QUE, IOWA, TO DISPOSE OF IN- TERESTS IN CERTAIN REAL ESTATE AND TO ENTER INTO A SUBORDINATION AGREEMENT WITH SANWA BusINESS CREDIT CORPORATION. WHEREAS, FDL Foods, Inc. ex- ecuted and delivered a Real Estate Mor- tgage to the City of Dubuque, Iowa, in connection with UDAG Grant Agree- ment, UDAG Grant Number B.81-AA-19-0016 (4), and Community Deveinpment Block Grant, which Mor- tgage was flied December 9, 1982, as In- strument No. 6742-82; and wHEREAS, FDL Foods, Inc. ex- ecuted and delivered a Security Agree- ment to the City of Dubuque, Iowa, dated December 6, 1982, ~grant!n.g c~ taln security interests periectea by · ed Financing Statements, including one filed December 9, 1982, as Instrument No. 6743-82, in connection With said UDAG Grant and CommunitY Develop' ment Binck Grant; and WHEREAS, Sanwa Business Credit Corporation proposes to enter into finan- cing arrangements with FDL Foods, Inc. to refinance certain FDL Foods, Inc. long term debt; and WHEREAS, as a condition precedent to consummating said financing ar' rangements with FDL Foods, Inc., San' was Business Credit Corporation is re- quiring that the City of Dubuque, Iowa, execute a Subordination Agreement subordinating the lien of its Real Estate Mortgage to the lien of the Real Estate Mortgage to be made by FDL Foods, Inc. to Sanwa Business Credit Corpora- tion; and wHEREAS, the City of Dubuque, will retain its first security in- terests and liens in fixtures, machinery and equipment purchased with the pro- ceeds of said UDAG Grant and Com- muvlty Development Block Grant; and wHEREAS, as a condition precedent to consummating said financing ar- rangements with FDL Foods, Inc., San- was Business Credit Corporation is re- qalring that the City of Dubuque, Iowa, execute a Subordination Agreement subordinating its security interests and liens in all other assets of FDL Foods, Inc. to the security interests and liens of Sanwa Business Credit Corporation, whether now or hereafter arising and ~soever existing, all as more specifically set out in said Subordination Agreement; and WHEREAS, execution of said Subor- dinatinn Agreement on behalf of the Ci- ty of Dubuque, Iowa, is determined to be in the public interest: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. It is the intent of the City Council of the City of Dubuque, Iowa, subordinate the FDL Foods, Inc. ~ubuque plant real estate lien of the Cf- of Dubuque, Iowa~ arising out of a t~lortgage filed December 9, 1982, as In- strument No. 6742-82, to the real estate llen of Sanwa Business Credit Corpora- tion, arising out ora Mortgage to be ex- ecuted by FDL Foods, Inc., both Mot- t~tageS being secured by the following d~eseribed real estate owned by FDL Foods, Inc., Mortgagor in the City of Dubuque, Dubuque County, Iowa: The west half of lot 252, lot 253, lot 254, lot 285, lot 286, lot 288, the south half of lot 289, lots 1 and 2 of the north half of lot 292, the south half of lot 292, lots 293, 294, 295, 296, 297, 298, lot 1 of ot 299, lot I of lot i of lots 300 and 301, 5ot 300A, lot 30OB, lot 300C; that port tion of vacated Maple Street, lying bet- ween the north curb line of East 16th Street to the south curb line of East 17th ~ et ot2of otloflot304,1otl°f lot2oflot305, lotlof °t ~ J of lot 305; lot 2 of lot I of Vacated Maple Street north of lSth Street; lots 306, 307, 308, 309, 310, lots i and 2 of lot 311, lots 312, 313, 314, 315, 316, 319, 323, the north half of lot 325, lots 346, 347, 348, lots 1 and 2 of lot 349, lot 351, west 1/2 of lot 352, lot 2 of lot 354, lots 383, 385, 386, 387, 429, 430, the northerly 48.2 feet of 295 294 Regular Session August 4, 1986 lot 431, lots 355, 444, 445, 446, 447, 448, 469, 470, 471, 472, 473, 484, 485, 486, 487, 488, 643; the vacated "unvacated portion of 18th Street from Sycamore Street eastward to Lynn Street"; the vacated "unvacated portion of17th Street from Sycamore Street to Lynn Street';' the vacated alley running north and south parallel to Sycamore Street between 17th Street and 18th Street, and, Sycamore and Lynn Streets; the vacated "unvacated portion of Lynn Street from 18th Street to 17th Str~et'~ the vacated "unvacated portion of Sycamore Street situated north of the north side of 16th Street running no~ therly to the south side of the vacated portion of East 19th Street';' in East Dubuque No.2, in the City of Dubuque, Iowa Lots A, B and C, of Dubuque Packing Company Addition, in the City of Dubu- que, Iowa Lot 2 of lot 3, lot1 of lot1 of lot4, and, lo t 2 of Io t 5, in Block 2, in Railroad Ad- dition, in the City of Dubuque, Iowa Lot 2 of "Vacated East Nineteenth Street between East line of Mineral Lot 106 and west line of Original Sycamore Street extended'; in the City of Dubu- que, Iowa Lot "A " of Mineral Lot 106 (according to the Correction Plat recorded as In- strument No. 8861-77), in the City of Dubuque, Iowa Lot 1 "A " of Block 5, in Dubuclue Pack- lng Company Addition, in the City of Dubuque, Iowa Lot 1, in Block 2, of Dubuque Packing Company Addition, in the City of Dubu~ que, Iowa Lot 1, in Block 3, of Dubuque Packing Company Addition, in the City of Dubu- que, Iowa Block 4, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa Lot 1, in Block 5, in Dubuque Packing Company Addition, in the City of Dubu- que, Iowa Block 6, in Dubuque Packing Company Addition, in the City of Dubuque, Iowa Lots 2 and 4 of FDL First Addition to the City of Dubuque, Iowa according to the respective recorded Plats thereof, and situated in Dubuque County, Iowa. Subject to easements, reservations, rights, options and priviloges of record. Section 2. It is further the intent of the City Council of the City of Dubuque, Iowa, to enter into a Subordination Agreement with Sanwa Business Credit Corporation subordinating its security interests and liens in all assets of FDL Foods, Inc., other than those purehased with the proceeds of the UDAG Grant and Community Development Block Grant, to the security interests and liens of Sanwa Business Credit Corporation, whether now or hereafter arising and howsoever existing. Section 3. That the City Clerk is hereby directed to give hotice in the manner required by law ofa public hear- lng to be held on August 18) 1986, at Z'80 P.M. in the Public Library Auditorium, at which time and place all interested parties will be given opportunity to be heard for or against the proposal to dispose of the real estate interest herein described. Passed, adopted and approved this 4th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adop- tion of the Resolution. Seconded by Council Member Manning. Carded by the following vote: Yeas--Mayor Brady, Council Members Doich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 183-86 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT AC- COUNT PROGRAM APPLICATION FOR THE CYCARE SYSTEMS, INC. EXPANSION PROJECT. WHEREAS, the CyCare Systems, Inc. has proposed a project to expand its business operations at the Dubuque Building, and WHEREAS, the City Council has con- sidered said project and has determin- ed that it will contribute to the economic development of the community, especial- ly by the creation of employment oppor- tunities; 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 tho 71st General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, 296 Regular Session, August 4, 1986 IOWA: Section 1. That the filing of an ap- plication for participation in the Iowa Community Economic Betterment Ac- count Program is hereby approved. Section 2. That the City Manager is hereby autkorized and directed to ex- ecute and submit, in the required number of copies, an application to the State of Iowa Development Commission and other appropriate agencies together with such otker documents as may be required. passed, approved and adopted this 4th day of Augast, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 184-86 A RESOLUTION APPROVING THE LOAN OF $200,000 OF coMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE CYCARE sYSTEMS, INC. EXPANSION pROJECT. WHEREAS, the CyCare Systems, Inc. has proposed a project to expand its business operations at the Dubuque Building; and WHEREAS, the City Council has con- sidered said project and has determi.n- ed that it will contribute to the econonUc development of the conununity, especial- ly by the creation of employment oppor- tunities; and WHEREAS, tlie City of Dubuque has budgeted Community Development Block Grant funds for economic develop- ment projects such as proposed by CyCare Systems, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY cOUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the loan of $200,000 of Community Development Block Grant funds is hereby approved. Section 2. That the City Manager is hereby authorized and directed to prepare for City Council consideration an agreement between the City of Dubu- que and CyCare Systems, Inc. which sets forth the specific terms of said Com- munity Development Block Grant loan. Passed, approved and adopted this 4th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of the City Manager submitting an Ordinance amending the City Code to provide for a civil pro- cedure in enforcing the City Code, especially in the area of Housing Code Enforcement and Weed and Snow Removal, presented and read. Council Member Simon moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Council Members Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--Mayar Brady, Council Member Dalch. ORDINANCE No. 59-86 Amending the Code of Ordinances of the City of Dubuque by enacting new Sections 1-15, 1-16 and 1-17 thereto providing for pro- cedures and civil penalties for Municipal Infractions, presented and read. Court- cil Member Simon moved that this reading be considered the first reading of the Ordinance and that the reqmre- merit 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 adoption of the Ordinance. Seconded by Council Member Manning- Vote on the motion was as follows: Yeas--Council Members Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--Mayor Brady, Council Members Deinh. MOTION FAILED DUE TO LACK 297 Regular Session, August 4, 1986 OF 3/4 VOTE. Council Member Manning moved that this then be considered the first reading of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Krleg, Kronfeldt, Manning, Simon. Nays--Council Members Deich, Kluesner. Communication of City Manager sub- mitting an Ordinance revising parking in the 4th Street Cable Car Square area, presented and read. Council Member Simon moved that the communication be received and fried. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Counci! Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 60-86 AN ORDINANCE AMENDING TIlE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA BY DELETING A CERTAIN AREA IN THE TWO HOUR TIME ZONE OF SECTION 25-257 AND CERTAIN AREAS IN PARKING METER DISTRICTS B & C IN SECTION 25-326 THEREOF AND INSERTING NEW AREAS IN PARKING METER DISTRICTS B & C IN SECTION 25-326 IN LIEU THEREOF PROVIDING FOR METERED PARKING IN THE FOURTH AND FIFTH STREET AREA, presented and read. Council Member Simon moved that this be con- sidered the first reading of the Or- dinance and that the requirement that proposed Ordinance be considered 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 adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 60-86 AN OiII)INANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, 10WA BY 1)ELETIN(] A CERTAIN AREA IN THE TWO-HOUR TIME ZONE OF SECTION 25-257 AND CERTAIN AREAS IN PARKING METEII DIS TRICTS B AND C IN SECTION 25- 326 TItEHEOF AND INSERTING NEW AREAS IN PARKING METER DISTRICTS B AND C IN SECTION 25-326 IN L1 EU THEREOF PROVIDING FOR METERED PARKING IN THE FOURTH AND FIFTH STREET AREA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- C1L OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by deleting the following designated area in the two-hour time zone in Section 25-257 thereof as fei- Sec. 25-257. Prohibited or designated {c) Time zones designated, TWO-HOUR TIME ZONES Fifth Street, West, north side, fi'om Bluff Street to a point 196 feet west of Bluff Street. See[ion 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by deleting the following designated areas in Parking Meter Dis- tricts B and C in Section 25-326 thereof as follows: Sec. 25-326 Districts PARKING METER DISTRICT B Bluff Street, both sides, between Fll'th and Sixth Streets. PARKING METER DISTRICT C Bluff Street, both sides, between Fourth and Fifth Streets. See[ion 3. That the Code of Ordi- be mnended by inserting the follow- lng desingated areas in Parking Meter Districts B and C in Section 25-326 thereof as follows: Sec. 25 32g. Districts PARKING METER DISTRICT B Fourth Street, south side, between Locust and Bluff Street, months of 1)ecember tluougi~ March o~ty. Blutt Street, both sides, between Fourth and Sixth Streets. PARKING METER DISTRICT C Fifth Street, north side, from Bluff Street to a point 196 feet west of Bluff Street. PASSED, ADOPTED AND 298 Regular Session, August 4, 1986 APPROVED tl~s 4th day of August, 1986. James E. Brady, Mayor ATTEST: Mm'y A. D avls, City Clerk Published officially in the Telegraph Herald newspaper this llth day of August, 1986. Mary A. Davis It 8/1l ~ity Clerk Communication of City Manager sub- mitting an Ordinance revising Rubbish Collection Charges for lower-income households, presented and read. Coun- cil Member Simon moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 61-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING PARAGRAPH 2 OF SUBSECTION (a) OF SECTION 17-36 AND ENACTING A NEW PARAGRAPH 2 OF SUBSECTION (a) OF SECTION 17-36 IN LIEU THEREOF ESTABLISHING RUB- BISH COLLECTION CHARGES FOR ELDERLY HOUSEHOLDS, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance and that the requirement that a proposed Ordinance be considered 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 adoption of the Ordffiance~ Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 61-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DI~BUQ1~E IOWA BY NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repeallng Paragraph 2 of Subsection (a) of Section 17-36 thereof and enacting a new parag~'aph 2 of Subsection (a) of Section 17-36 in 6eu thereof as follows: *~Sec. 17-36. Charges - amounts; exceptions. (a) (2) Class I premises, when the head of the household is sixty-five (65) years or older and with a per family income of ~xine thousand one hun- dred fifty dollars ($9,150) or less, may, upon application, be exempted ti'om one-half (IA) the established col- lection charge. Subsequent to initial application and eligibility, anmlai application must be made on July first of each year to verify annual raceme and ellgibility." Pamqed, approved and adopted this 4th day of August, 1986. Jmnes E. Brady, Mayor ATTEST: Mm'y A. Davis City Clerk Published officially in the Tele~'ph Herald newspaper this 11th day of August, 1986. Mary A. Davis City Clerk Communication of City Manager sub- mitthig an Ordinance restricting the use of motorized vehicles to paved drives and parking areas in City parks, presented and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 62-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ENAC- TING A NEW SUBSECTION (e) TO SECTION 27-67 THEREOF, PRO- HIBITING THE USE OF MOTORIZ- ED VEHICLES ON GRASS AREAS IN CITY PARKS, presented and read. Council Member Kluesner moved that this be considered the first reading of the 299 Regular Session August 4, 1986 Ordinance and that the requirement that a proposed Ordinance be considered 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 adoption af the Ordinance. Seconded by Council Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 62-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SUBSECTION (e) TO SECTION 27-67 THEREOF, PROHIBITING THE USE OF MOTORIZED VEHICLES ON GRASS AREAS IN CITY PARKS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by enacting a new sub- section (e) to Section 27-67 thereof, as follows: (e) It sliall be unlawful for any car, truck, motorcycle or any other type of motorized vehicle to drive on and/or park on any g~'ass area in any park or recreation facility except with the express permission of the Park and Recreation Director or her/his designee. PASSED, ADOPTED AND APPROVED this 4th day of August, 1986. James E. Brady, City Mayor ATTEST: Mary A. Davis, City Clerk Published ofilcially in the Telegraph Herald newspapm' this llth day of August, 1986. Mary A. Davis City Clerk Communication of City Manager sub- mitting an Ordinance amending the Ci- ty Code clarifying the definitions of "Persons of good moral character" as it relates to an applicant for a Liquor Con- trol License, presented and read. Coun- cil Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 63-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE Cf-' TY OF DUBUQUE, IOWA, BY REPEALING A DEFINITION IN SEC- TION 5-2 THEREOF AND ENACTING A NEW DEFINITION IN LIEU THEREOF PROVIDING FOR THE DEFINITION OF A PERSON OF GOOD MORAL CHARACTER, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance and that the requirement that a proposed Or- dinance be considered 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 mow ed final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 63-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING A DEFINITION IN SECTION 5-2 THEREOF AND ENACTING A NEW DEFINITION IN LIEU THEREOF PROVIDING FOR THE DEFINITION OF A PER- SON OF GOOD MORAL CHARAC- TER NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque. Iowa. be amended by repealing the follow- ing definition in Section 5-2 thereof and enacting a new definiuon in lieu thereof as follows: "Sec. 5-2. Definitions, Persons of good moral character of the following requirements: (1) The person has such financial standing and good reputation as will satisfy the council and the director that he will comply with the [ow~ Alcoholic Beverage Control Act. all other laws, provisions of this Code. other City ordinances and regulations 300 Regular Session, August 4, 1986 applicable to her/his operations under State law. (2) The person does not possess a federal gambling stamp. (3) The person is not prohibited by the provisions of Section 5-39 from obtaining a liquor license or beer per- (5) The person has not been con- James E. Brady, Mayor Conununication of City Manager re- the City of Dubuque and the Advisory Klueaner moved that tho communica- tion be received and filed and approved Kronfeldt, Manning, Simon. Transmitting a Resolution authorizing the purchase of certain real property for he Couler Valley Redevelopment Area Project, presented and read. Council Member Kluesner moved that the com- municatlon be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 185-86 RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY FOR THE COULER VALLEY REDEVELOP- MENT AREA PROJECT. WHEREAS, the Dubuque City Coun- cil on May 19, 1986 passed Resolution No. 93-86 approving the Urban Renewal Plan for the Couler Valley Redevelop- merit Area Urban Renewal Project; and WHEREAS, the City Manager has been directed to take the necessary ac- tions to arrange for the acquisition of properties in accordance with said Ur- ban Renewal Plan; and WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, an in- dependent appraisal and review of said appraisal of the real property hereinafter described has been prepared on behalf of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to execute agreements of purchase and to do any and all things necessary and required including the affixing of the ?'- ty Seal to certain instruments to acqmre the fee simple interest in the following described parcels of real property in ac- cordance with the Couler Valley Redevelopment Area Urban Renewal Plan at a total cost not to exceed $127,750. Legal Description - Lot 93, Linehan Park Addition, vacatpd alley abutting Lot 92, Linehan Park Lot I of Lot 74; and Lot i of Lot 2 of Lot 75, except the southwesterly two feet thereof; in Linehan Park Addition Lot i of Lot 82, and Lot 1 of Lot 2 of Lot 83, in Linehan Park 301 Regular Session, August 4, 1986 Lot I of Lot 84; Lot 2 of Lot 85; Lot 84A: all in Linehan Park Addition Lot I of Lot 83; Lot 2 of Lot 84; Lot 83A; all in Linehan Park Addition Lot 90 and 91, in Linehan Park Addition All located in the City of Dubuque, Dubuque County, Iowa. Section 2. That it is hereby found and determined that the appraisal and ap- praisal review for each of the parcels to be acquired have been prepared in a com- petent manner as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act, and the rules and regulations of the Depart- ment of Housing and Urban Development. Passed, approved and adopted this 4th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Request for approval of a demolition permit for 645 Fenelon Place, presented and read. Council Member Kronfeldt moved that the request be approved. Seconded by Councri Member Mmmi~g. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Manning, Sin~on. Nays--None. RESOLUTION NO. 186-86 RESOLUTION PROVIDING FOR THE ISSUANCE OF $500,000 STREET IMPROVEMENT BONDS. WHEREAS, on Febranr~ 11, 1985, the City of Dubuque, Iowa, entered in: to contract with Flynn Company, Inc. of Dubuque, Iowa, for the construction of the John F. Kennedy Paving Project hereinafter sometimes referred to as the "project", within the City; and WHEREAS, the construction of the project has been completed and was, by resalution of this Council duly passed and approved on January 20, 1986, ac- eepted as having been constructed in ac- cordance with the plans, specifications and contract; and WHEREAS, the Council did on January 20, 1986, by a resolution duly adopted, levy and assess a special tax on all of the abutting and adjacent pro- perty within the benefited area of the John F. Kennedy Paving Project, and against the owners thereof in the sum of $473,861.43, being the portion of the cost of said improvement assessable against benefited property, and a cer- tificate of the levy of tax, certified as cor- rect by the Clerk, has been fried with the official of Dubuque County, Iowa designated by law to receive the said fil- ing and to cause the assessments to be collected; and WHEREAS, on July 6, 1984, the Ci- ty of Dubuque, Iowa, entered into con- tract with River City Paving Inc. of Dubuque, Iowa, for the construction of the 1984 Asphalt Paving Project hereinafter sometimes referred to as the "project", within the City; and WHEREAS, the construction of the project has been completed and was, by resolution of this Council duly passed and approved on January 21, 1985, ac- cepted as having been constructed in ac- :ordanee with the plans, specifications and contract; and WHEREAS, the Council did on January 21, 1985, by a resolution duly adopted, levy and assess a special tax on all of the abutting and adjacent pro- ?erty within the benefited area of the 1984 Asphalt Paving Project, and against the owners thereof in the sum of $542,900.33, being the portion of the cost of said improvement assessable against benefited property, and a cer- tificate of the levy of tax, certified as cot- rect by the Clerk, has been bled with the official of Dubuque County, Iowa designated by law to receive the said fil- lng and to cause the assessments to be collected; and WHEREAS, on August 6, 1985, the City of Dubuque, Iowa, entered into con- tract with Tschiggfrie Excavating of Dubuque, Iowa, for the construction of the 1985 Asphalt Paving Project hereinafter sometimes referred to as ttxe "project", within the City; and WHEREAS, the construction of the project has been completed and was, by -esolution of this Council duly passed and approved on December 16, 1986, ac- cepted as having been constructed in ac- 302 Regular Session, August 4, 1986 cordance with the plans, specifications and contract; and WHEREAS, the Council did on December 16, 1985, by a resointinn du- ly adopted, levy and assess a special ta~ on all of the abutting and adjacent pro- petty within the benefited area of the 1985 Asphalt Paving Project, and against the owners thereof in the ~su~m of $269,121.22, being the portion o! tee cost of said improvement assessable against benefited pr;o~pe,~%fa~e~d aas ~ tificate of thelevy of t , rect by the Clerk, has been filed wi~h the official of Dubuque County, Iowa designated by law to receive the said fil- ing and to cause the assessments to be collected; and wHEREAS, of the aforesaid assess- ment of tax there remain unpaid follow- lng the initial collection period assessments, after provision for a default fund, in total sum not less than the principal amount of the bonds hereinafter authorized as to the legali- ty or regularity of the assessment of which no appeals have been taken, and which assessments are payable in equal annual installments payable during the month of September in each year as set forth in Section 1 thereof; and wHEREAS, it is necessary that Bonds be issued in anticipation of the collection of unpaid special assessments in order to provide funds for the present payment of the proper costs of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meamngs in this Resolution unless the text ex- pressly or by ~ecessary implication re- quires otherwise: (a) "Issuer and "City" shall mean the City of Dubuque, Iowa; (b) Treasurer shall mean the City Treasurer or such other officer as shall succeed to the same duties and respon- sibilities with respect to the recording and payment of the Bonds issued hereunder; (c) "Bonds" shall mean $500,000 Street Improvement Bonds, authorized to be issued by this t~esolution; (d) Registrar shall be the Bankers Trust Company of Des Melees, Iowa or such successor as may be approved by herein and who shall carry out the duties prescribed herein with respect to maintaining a registrar of the owners of the bonds. Unless othe~ wise specified, the Registrar shall also act as Transfer Agent for the bonds. (e) "paying Agent" shall be~ the Bankers Trust Company or such suc- provided herein and wh the duties prescribed herein as Issuers agent to provide for the payment of prin- cipal of and interest on the bonds as they shall become due. Section 2. Assessments. The assessments heretofore levied on the pro- perty subject to assessment for the con- struction of the project and benefited by the improvement heretofore authorized and ordered to be made are directed to be paid in ten (10) equal annual in- stallments (1st installment paid on 1984 Paving project) in the same manner as the September semiannual payment of ordinary taxes beginning with the in- stallment due on July I, 1986. Unpaid assessments and each install- ment thereof shall be payable at the of- rice of the County Treasurer on or before the time above set forth, and each stallment shall include interest on the unpaid balance of the assessment from and after the date of aeeeptanee of the improvements for which the assessment is mode, not only until paid but also un- til December 1st following the date on which payment is made for the amount of the installments, at the rate of 12 per eentum per annum, with the September Paayment of ordinary taxes in each year, nd the County Treasurer shall compute and shall collect the interest computed to the 1st day of December next sue- ceeding the maturity of the installments. Section 3. Bond Detail~ Execution and Registration. (a) Bond Details. In anticipation of the collections of the several installments of the assessments and in order to provide Paresently for the necessary funds repay part of the cost of the construction of the project, Street Improvement Bonds of the City in the amount of $500,007 shall be issued pursuant to the prow- sloes of Section 384.68 of the City Code he bonds shall be designated of Iowa. T D" ,,STREET IMPROVEMENT BON ' be dated August 1, 1986, and bear in- retest from the date thereof, until pay- meat thereof, payable at the principal of- fice of the Paying Agent. Interest shall 303 Regular Session be payable December 1, 1986 and annual- ly thereafter on the 1st day of December in each year until maturity at the rates hereinafter provided. The bonds shall be executed by the facsimile signature of the Mayor and at- tested by the facsimile signature of the Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and in- terest as provided in this resolutior~ The bonds shall be numbered from 1 to 2t30, both numbers inclusive and shall be each in the denomination of $~O00. The bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount Dec. 1st 6.00% $50,000 1986 6.00% $50,000 1987 6.00% $50,000 1988 6.25% $50,000 1989 7.00% $50,000 1990 7.00% $50,000 1991 7.50% $50,000 1992 7.50% $50,000 1993 7.90% $50,000 1994 7.90% $50,000 1995 Co) Redemptio~ Bonds maturing after the first optional redemption date may be called for redemption by the Issuer and paid before maturity from any funds regardless of source, in whole or from time to time in part, in the order of their numbering on or within 45 days after said date or any succeeding interest pay- ment date by giving ten days' notice of redemption by registered mai~ to the registered owner of the bond. A copy of said notice of redemption may also be given, by regular mai~ to the original purchaser of the Bonds. The terms of redemption shall be par, plus accrued in- terest to date of call Section 4. Registration o£ Bondst Ap- pointment o£ Registrar; Transfer; Owne~ ship; Delivery; and Cancellation. (a) Registratiot~ The ownership of bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions ora separate agreement with the Issuer filed herewith which is made a part hereof by this reference, and registration is to be noted on the reverse side of the bonds by the Bond Registrar. Registrar shall maintain the books of the Issuer for the registration of ownership August 4, 1986 of the Bonds for the payment of prin- cipai of and interest on the Bonds as pro- vided in this Resolutior~ All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Sec* lion 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this resolution. Co) Transfer. The ownership of any Bond may be transferred only upon the Registnztion Books kept for the registrc~ ~on and transfer of Bonds and only upon surrender thereof at the principal office of the Registrar together with an assign- ment duly executed by the holder or his duly authorized attorney in fact in such ~orm as shall be satisfactory to the Registrar, along with the address and ~ocial security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple inA dividuals, of all such transferees.) In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that ora broker or dealer, there must be disclosed on the Registration Books the information per raining to the registered owner required above. Upon the transfer of any Bond, the Registrar shall note the transfer on the back of the bond and deliver the ~ond to the new owner or as otherwise directed by him. If necessary, the Registrar shall cause to be prepared a new bond which may be substituted for the old bond which shall be cancelled. (e) Registration o£ Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register the Bonds at the earliest practicable time, on the Registration Books, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the pen son in whose name the ownership shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner for ail purposes, and payment of or on account of the principal of any such Bonds and the premiurn, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effeetuai to satisfy and discharge the liability upon such Bond, including the interest thereon, to the ex- tent of the sum or sums so paid. (e) Cancellatio~ All Bonds which have Regular Session, August 4, 1986 been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a cer- tificate of the destruction thereof shall be furnished promptiy to the Issuer;pro- vided that if the Issuer shall so direct, the Registrar shall forward the caucell- ed Bonds to the Issuer. (£) Non, Presentment of Bonds. In the event any payment check representing payment of interest on the Bonds is returned to the paying Agent or is not presented for payment of priucipai at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of suck Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest I thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or prin- cipal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any re- mainin8 funds so held to the Issuer, whereupon any claim under this Resolu- tion by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 5. Reissuanee of Mutilated, Destroyed, Stolen or Lost Bonds. In ease any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor, ~ umber and amount as the Bond so mutilated, destroyed, stolen or losg in exchange and substitu- tion for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon fur Inishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 6. Record Date. Payments of )rincipal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent appearing on the books of the Registrar on the 15th day of the month preceding the payment date, Such payments shall fully discharge the obligations of the Issuer respecting the Bonds to the extent of the ~ayments made. Payment of principal shall only be made upon surrender of the bond to the Paying Agent. Section 7. Exeeution, Authentiealion and Delivery of the Bond& Upon the adoption of this resolution, the Mayor and City Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the bonds to or upon order of the Purchaser. No bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the registrar shall duly endorse and execute on sueh Bond a certificate of authentica~ lion substantially in the form of the Ce~ tificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that :he Bond so authenticated has been du- ly issued under this resolution and that the holder thereof is entitled to the benefits of this resolution. No Bonds shall be authenticated and delivered by the Registrar unless and un~ iii there shall have been provided the following: 1. A certified copy of the resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by ~he Treasurer, directing the authentica- lion and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purehase ptice as set fortk therein; $. The approving opinion of Ah!ers, Cooney, Dorweiler, Haynie, Smith & Allhee, Bond Counse~ concerning the validity and legality of ail the Bonds pro- posed to be issued. Section 8. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substan- tiaily in the form as follows: 304 305 Regular Session, August 4, 1986 /// // //// // / / ///// -- / ~ (10) (continued on the back of Lhls BonO) / I II I IIII II I I I II I I I FIGURE #1 (Front) (lo) (Continued) (16) (17) (18) FIGURE #2 (Back) 306 Regular' Session, The text of the bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure i ~- "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "STREET IMPROVEMENT BOND" Item 2, figure 1 = Rate:_--~% Item 3, figure i = Maturity:- Item 4, figure i = Dated August 1, 1986 Item 5, figure i = Cusip #--- Item 6, figure 1 = Registered Item 7, figure i = Bond No.-- Item 8, figure 1 -- principal Amount: Item 9, figure I = The City of Dubu- que, Iowa, a municipal corporation organized and existing under and by vi~ rue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure I = the owner of record of this bond (noted on the reverse hereof) or registered assigns Item 10, figure I = $5,000 lawful money of the United States of America, on the 1st day of December, 194 on presentation and surrender of this bond to the Paying Agent hereof, with in- terest on said sum from the date hereof until paid at the rate of --% per annum, payable on December 1, 1986, and annually thereafter on the 1st day of December in each year as hereafter provided. Interest and principal shall be paid to the registered owner of the bond as shown by the records of ownership main- tained by the Registrar as of the 15th day of the month next preceding the due date. Interest shall be computed on the basis of a $6tTday year of twelve 30-day months. This bond is issued pursuant to the provisions of Section 384.68 of the City Code of Iowa, for the purpose of paying costs of the John F. Kennedy Paving Project; 1984 Asphalt Paving Project and 1985 Asphalt Paving Project, in con- fortuity to a Resolution of the City Coun- cil of the Issuer duly passed and approv- ed, the terms of which are incorporated herein by reference. This bond is one of a series of bonds of like tenor and date, except maturity and interest rate, numbered from 1 to 100, both numbers inclusive, in the August 4, 1986 zmount of $5,000 eack and is issued for the purpose of defraying a part of the cost of construction of the John F. Ken- nedy Paving Project; 1984 Asphalt Pav- ing Project and 1985 Asphalt Paving Project within the City, which cost is payable by the benefited property abut- ting and adjacent to said improvement law a lien on all said ,. Said assessment is payable in ten (10) equal annual installments with interest on all deferred payments at the rate of 12 per centum per annum. This : and the issue of which it is a part are payable only out of the Fund created by the collection of said special tax, and said Fund can be used for no other Bonds maturing after December 1, 1986, may be called for redemption by the Issuer and paid before maturity from any funds regardless of source, in whole or from time to time in part, in the order of their numbering on or within 45 days after said date or any succeeding interest payment date by giving ten days' notice of redemption by registered mail to the registered owner of the bond. A copy of said notice of redemption may also be given, by regular mail, to the original purchaser of the Bonds. The terms of redemption shall be par, plus accrued in- terest to date of call. This bond is registered as to owner- ship of principal and interest in the name of the holder on the books of the Issuer in the office of the Registrar, such registration to be endorsed by notation on the back hereof by said Registrar, after which no transfer shall be valid unless made on said books and similar- ly noted hereon. The Bankers Trust Company of Des Moines, Iowa has been appointed to serve as Registrar of this bond. Issuer reserves the right to mbstitute the Registrar and Paying Agent, but shal~ however, give 60 days' notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provi- sions for registration and transfer con- tained in the bonds and in the bond resolution. It is hereby certified and recited that all the acts, conditions and things re- quired to be dane precedent to and in the issuing of this series of bonds have been done, happened and performed in regular and due form as required by law and said 307 Regular Session, August 4, 1986 lection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque, Iowa, are hereby irrevocably pledged. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this bond to be signed by the facsimile signature o fits Mayor and attested by the facsimile signature o fits Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an officer of the Registrar, Bankers Trust Company of Des Moines, Item 11, figure I = Date of authentication: Item 12, figure I ~ This is one of the bonds described in the within mention- ed resolution, as registered by Bankers Trust Company. Bankers Trust Company. By Registrar Item 13, figure i = Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Company Item 14, figure I = (Seal) Item 15, figure 1 = [Signature Block] City of Dubuque, Iowa. Mayor City Clerk copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this bond is a part. (~facsimile signature) City Clerk [Opinion of Bond Counsel] ASSIGNMENT For value received, the undersigned (Name of Transferee) (Social Security or (Bankers Trust Com an~es Moines, for registration of the said Bond, with Dated__~~ (Signature of Registered Owner(s) (Person(s) executing this Assignment sign(s) here) SIGNATURE GUAfL4NTEED~ note below) IMPORTANT -- READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the back of the bond(s) in every par- ticular without alteration or enlarge- ment or any change whatever. Signature guarantee should be made by a member or member organization of the New York Stock Exchange, members of other Ex- changes having signatures on file with transfer agents or by a commercial bank Item 18, figure2 = [InformationRe- quired for Registration-printer to Pro- vide as Many Lines as Practicable] REGISTRATION OF OWNERSHIP Date In Whose Signature o£ Name of Registration Registered Registrar INFORMATION REOU1RED FOR REGISTRATION OF TRANSFER Name of Transferee(s)- Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s)-- Transferee in o/n): Individual*-- Corporation-- Partnership------ Trust_-- *If the bond is to be registered in the names of multiple individual owners, the names of all such owners and one ad- dress and social security number must be provided. The following abbreviations, when us- ed in the inscription on the back of this bond, shall be construed as though writ- ten out in full according to applicable laws or regulations: 3O8 Regular Session, August 4, 1986 TEN COM - as tenants in common TEN ENT- as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in UNIF GIFT MIN ACT-... Custodian... (Cust) (Minor) under Uniform Gifts to Minors Act. .... (State) Section 9. Right to Name Substitute Paging Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving 60 days' written notice to ee~h registered bondholder. Section 10. Contract Between Issuer and Purchaser. This Resolution con- stitutes a contract between said City and the purchaser of the bonds. All sums collected as payment of prin- eipal installments of the assessments or interest thereon shall be placed in a trust fund and applied to the payment of the bonds and interest thereon in the order of maturity. Any sums accumulated in the trust fund in excess of the annual re- quirements of principal and interest fall- ing due in any year shall be applied to the call and redemption prior to maturi- ty of such additional bonds as may be retired within the available amounts. Any amounts on hand in the trust fund may be invested for the benefit of the fund in direct obligations of the United States Government for a period not exceeding twelve months and in no event maturing later than three days prior to the maturity date of the bonds falling due in the calendar year of their receipt. Section 11. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage Bonds within the meaning of Section 103(c) (2) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief o.f the Issuer, there are no facts or eumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage Bonds. The Treasurer ~s hereby directed to deliver a certificate Bonds to certify as to the reasonable expectation of the Issuer at that date. The Issuer covenants that it will treat as restricted yield investments any funds in the sinking fund for payment of the Bonds in excess of l3/12ths of the annual principal and interest re- quirements of the then current yeah "Restricted yield investments" are funds or investments which the Issuer covenants not to invest at a yield materially higher than the yield on the as defined in the regulations issued under authority of Section 103(c) of the Internal Revenue Code of the United States. ~ Issuer covenants that it will ex- ceed any investment yield restriction provided in this resolution only in the event that it shall first obtoin an opinion of recognized bond counsel that the pro- posed investment action will not cause :he bonds to be classed as arbitrage bonds under Section 103(c) of the Inter- nal Revenue Code or regulations issued thereunder. The Issuer covenants that it will pro- ceed with due diligence to spend the pro- ceeds of the bonds for the purpose set this resolution. Section 12. Additional covenants, representations and warranties of the Issuer with respect to retroactively e£f~c- tive federal legisla~ion~ In order to main- tain the exemption from federal income taxes of interest on the Bonds and for no other purpose, the Issuer covenants to comply with the provisions of H.R. 3838, the tax reform act of 1985 in the respective forms in which it was adopted by the U~S. House of Representatives on December 17, 1985, (the "House Bdl") and by the United States Senate on June 24, 1986. For this purpose, the Issuer reserves the right to accept the extend- ed effective dates of certain provisions of the House Bill as provided in the Joint Statement of the leaders of the House Ways and Means Committee, the Senate Finance Committee and the Treasury Department, issued March 14, 1986. Tke Issuer may treat the Joint Statement as effective to extend the effective date o[ the provisions indicated until it is modified or withdrawn. Until and unless and except to the extent in the opinion of bond counsel the following are not status of the Bonds, the Issuer makes 309 Regular Session August 4, 1986 the following covenants, representations and warranties with respect to the Bonds: 1. Tke Issuer represents that except for use as a member of the general public, the proceeds of the bonds will not be used directly or indirectly in any trade or business carried on by any per- son other than Issuer or used directly or indirectly to make or finance loans to persons other than governmental units. 2. The Issuer will submit in a timely manner all reports, accountings and in- formation to the Internal Revenue Set- vice and will take whatever action is necessary within its power to assure the continued tax exemption on the Bonds. 3. In the event the federal law ap- plicable to the Bonds after the considsra- tion of the House Bill and the Senate Bill imposes requirements different from the provisions of either of the respective forms adopted by the House and the Senate, retroactively effective to the time the Bonds are issued, the Issuer will take whatever action is necessary within its power to comply with the ap- plicable law and regulations in order to maintain tax exemption with respect to the Bonds. 4. For the spic purpose of qualifying the Bonds as "qualified tax-exempt obligations "pursuant to Section 802 of the House Bill, the Issuer does hereby designate the Bonds as such and represents that the amount of qualified tax-exempt obligations which will be designated and issued during the calen- dar 1986 year will not exceed Ten (10) Million Dollars. Section 13. Amendment of Resolution to Maintain Tax Exemption. This resolu- tion may be amended without the con- sent of any owner of the Bonds for the sole purpose of taking action necessary to maintain tax exemption with respect to the Bonds under applicable federal law or regulations. Section 14. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the re- maining provisions hereof, and this Resolution shall become effective ira- mediately upon its passage and approval. Section 15. Repeal of Conflicting Resolutions or Ordinances. That all or- dinances and resolutions and parts of o~ dinances and resolutions in conflict herewith are hereby repealed. Passed and approved this 4th day of August, 1986. James E. Brady Mayor ~,TTEST: 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 Brady, Council Members Delch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 187-86 BE IT RESOLVED by the City Coun- :il of the City of Dubuque, Iowa, that ;he following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Creslanes, Inc. 255 S. Main Creslanes Bowling Ethel K. Schwartz 574 B. 16th St. Airport Inn Passed, adopted and approved this 4th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khieaner, Krieg, Man- ning, Simon. Nays--Council Member Kronfaldt. RESOLUTION NO. 188-86 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- speeted and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE tT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be 310 Regular Session, August 4, 1986 issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT (New) Sa nt Calumbkil e's Church 1240 Rush (A so Sunday Sa es) (New) Church of the Nativity1225 Alta Vista (Aisc Sunday Sales) CLASS "C" BEER PERMIT Iowa Oil Company 1998 Jackson Jackson Street IOCO (Aisc Sunday Sales) Iowa Oil Company 2335 University University IOCO (Aisc Sunday Sales) Malgrew Oil Company 1450 Loras AMOCO Food Shop (Aisc Sunday Sales) (New) Rainbow Oil Company 2255 Kerper KWIK Stop Food Mart (Aisc Sunday Sales) Passed, adopted and approved this 4th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council 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, Krleg, Man- ning, Simon. Nays--Council Member Kronfaldt. RESOLUTION NO. 189-86 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 cc- cupied by such applicants were m- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appli- cant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOE LICENSE Patricia A. Crocker 1902 Central Ave, King of Clubs (Also Sunday Sales) Passed, adopted and approved this 4th day of August, 1986. James E. Brady Mayor ATTEST: Mary' A, Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by vote; Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfaldt. MINUTES SUBMITTED: Civil Set- Commission of 7-18, Elco. Examin- ing Bd. of 7-14, Historic Pres. Comm. of 7-15, Housing Comm. of 7-9, Human Rights Comm. of 7-14, Mechanical Board of 7-22, park & Recreation Comm. of 6-17, 7-8, 7-15 and 7-22; Plumbing Board of 7-15, Transit Board Earnings Statement and Statistics for 4th Quarter of FY 86, presented and read. Council Member Kronfaldt moved that the minutes be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Nilus Dalsing in amount of $2117 for backad-up sewer damages; In- vestment Counselors, Inc. et al vs. City of Dubuque requesting repayment of $10,000 which was submitted as a good faith deposit; Greg Luchsinger in amount of $575 for backad-up sewer damages; Vicki L. Mielke in estimated amount of $950 for water damages; ~leineke Discount Mufflers in amount of $1746 for sewer water damages; John J. Rolling in amount of $86 for water damages; Ruby Investments in the amount of $350 for property damages; and Timothy J. Furry in amount of $60 for property damages, 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 Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel Lindahl recommending settle- ment in the personal injury claim of Jason Brles in the amount of $114.66. presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed and Finance Director to issue the proper check. 311 Regular Session Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Solicitor Blum requesting settlement in the personal in- jury suits of Mildred C. & Ignatius W. Kircher in the amount of $3000 plus $18.50 court costs, presented and read. Council Member Kronfeldt moved that the communication be received and ill- ed and Finance Director to issue proper check. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communications of Corporation Counsel Lindald submitting Supreme Court opinion regarding Sally Spechtenhauser suit and clarifying same, presented and read. Council Member Kronfaldt moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Barbara J. Travis in the amount of $75 for a Class "B" Beer Permit, presented and read. Council Member Kronfeldt moved that the refunds be approved and Finance Director to issue the proper check. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition submitted by Lynn Michels, 1076 Roosevelt, (12 signers) stating they are not in favor of the City extending the sewage system up Roosevelt Road, presented and read. Council Member Kronfeldt moved that the petition be received and filed and matter referred to the Staff. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manrfing, Simon. Nays None. August 4, 1986 Petition of residents (61 signers) sur- rounding 659 W. 8th Ave. requesting ac- tion be taken to offer solution to fire/safety hazards at this location, presented and read. Council Member Kronfeldt moved that the petition be received and filed. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Dubuque County Historical Society, National Rivers Hall of Fame & Dubu- que Symphony Orchestra requesting permission for a fireworks display at 2nd St. Ice Harbor occasions on August 8th and 31st, presented and read. Council Member Kronfeldt moved that the com- munication be received and filed and re- quest approved with matter directed to Staff for implementation. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Fire and Police Pension Fund Board of Trustees submitting annual financial report, presented and read. Council Member Kronfeldt moved that the reports be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Jan~es G. Schilling, attorney on behalf of Cafaro Co. advis- ing they did not receive notice of public hearing on Wacker Drive Special Assessment and are objecting to the assessment procedures, presented and read. Council Member Kronfaldt moved that the communication be received and filed and referred to the Legal Staff. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kron£eidt, Manning, Simon. Nays--None, Communication of the City Manager submitting a Resolution authorizing an , Amendment to the CD Block Grant [ Agreemen~ with Dept Regular Session, August 4, 1986 Calendar Year 1986, presented and reed. Council Member Kronfeldt moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by tlie following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO, 190-86 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMEND- MENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1986. WHEREAS, under provisions of Ti- tle I of Housing and Community Development Act of 1974, as amended the City of Dubuque prepared and sub- mitted a Statement of Intent on December 2, 1985 for a Community Development Block Grant; and WHEREAS, the submission has been approved by the Department of Hous- ing and Urban Development in the anmunt of $757,000 for a twelve-month program commencing January 1, 1986; and WHEREAS, a Grant Agreement covering the activities proposed to be carried out with Community Develop- ment Block Grant funds has been tendered the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement, authorized by the U.S. Department of Housing and Urban Development on January 27, 1986, for a Community Development Block Grant to the City of Dubuque be amended to reflect the in- crease of $~55.000 authorized by enact- ment of the Urgent Appropriations Act. Section 2. That the Mayor of the Ci- ty of Dubuque be and he is hereby authorized and directed to execute an men t Block Grant Agreement iden tiffed James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by :he following vote: Yeas--Mayor Brady, Council Vlembers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of C. R. (Pete) Jenner of the A. Y. McDonald Supply Co. requesting that Techiggftie Drive designation be changed to A. Y. McDonald Drive, presented and read. Council Member Kronfeldt moved that the petition be received and filed and matter referred to Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. At 11:14 P.M. Council Member Man- ning moved to go into Closed Session in accordance with Chapter 25.1 l(c) to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Council reconvened in Regular Session ~t 12:12 A.M. Mayor Brady stated that Legal Counsel had been given direction regarding pending litigation. There being no further business, Coun- cil Member Kronfeldt moved to adjourn. Scconded by CounciJ Member MamSng. Carried by the fallowing vote: Yeas. Mayor Brady, Council ~embers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon Nays None. Meeting adjourned at 12:13 A.M 313 Regular Session, August 4, 1986 Approved__ Adopted __ __1986 __1986 Mayor Council Members ATTEST: City Clerk 314 Regular Session, August 18, 1986 OFFICIAL Regular Session, August 18, 1986. Council met at 7:30 P.M., Public Library Auditorinm. Present: Mayor Brady, Council Members Dalch, Kinesner, Kronfeldt, Manning, Simon, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Absent at Roil Call: Council Member Krieg. Mayor Brady read the call and stated that this is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may properly come before the Council. The Invocation was given by Rev. Duncan Brockway, Librarian of the University of Dubnque Theological Seminary. Council Member Krieg entered at 7:32 P.M. Council Member Kinesner moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Deich. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deicb, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposing of City's interest in certain real estate and entering into a Business Credit Corporation to refinance certain FDL Foods, Inc. long term debt, presented and read~ There were no written objections received and no oral objectors present at the time of the Hearing. Attorney Tom McKay, representing FDL Foods, requested favorable Council action. Council Member Kinesner moved that the pro- of of publication be received and filed. Seconded by Coundl Member Kronfeldt, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 191-86 A RESOLUTION AUTHORIZING THE CITY OF DUBUQUE, IOWA, TO DISPOSE OF INTERESTS IN CER- TAIN REAL ESTATE AND TO EX- ECUTE A SUBORDINATION AGREEMENT IN FAVOR OF SANWA BUSINESS CREDIT CORPORATION IN CONNECTION WITH A LOAN TO BE MADE TO FDL FOODS, INC. TO REFINA~NCE CERTAIN LONG TERM DEBT. WHEREAS, pursuant to Resolution No. 182-86 and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation, published in the Ci- ty of Dubuque, Iowa, on August 8, 1986, the City Council of the City of Dubuque, Iowa, met on the 18th day of August, 1986, at 7:30 o'clock P.M. in the Public Library Auditorinm, 11th and Locust Streets, Dubuque, Iowa, to consider the proposal to dispose of interests in cer- tain real estate and to execute a Subor- dination Agreement subordinating its security interests and liens in all assets of FDL Foods, Inc. other than those p~u~ chased with the proceeds of the UDAG Grant Loan and Community Develop- ment Block Grant loan to the security interests and liens of Sanwa Business Credit Corporation, wliether now or hereafter arising and howsoever ex- isting, and subordinating the FDL Foods, Inc. Dubuque Plant real estate lien of the City of Dubuque, Iowa, aris- lng out of a Mortgage filed December 9, 1982, as Instrument No. 6742-82, to the real estate lien of Sanwa Business Credit Corporation arising out of a Mortgage to be executed by FDL Foods, Inc. in connection with Sanwa Business Credit Corporation's proposal to enter into financial arrangements with FDL Foods, Inc.; both Mortgages being secured or to be secured by the follow- lng described real estate owned by FDL Foods, Inc., Mortgagor, in the City of Dubuque, Dubuque County, Iowa: The west half of lot 252, lot 253, lot 254, lot 285, lot 286, lot 288, the south half of lot 289, lots 1 and 2 of the north half of lot 292, the south half of lot 292, lots 293, 294, 295, 296, 297, 298, lot 1 of lot 299, lot 1 of lot i of lots 300 and 301, Lot 300A, lot 300B, lot 300C; that portion of vacated Maple Street, lying between the north curb line of East 16th Street to the south curb line of East 17th Street; lot 2 of lot 1 of lot 304, lot 1 of lot 2 of lot 305, lot 1 of lot "B" of lot 1 of lot 305; lot 2 of lot 1 of Vacated Maple Street north of 18th Street; lots 306, 307, 308, 309, 310, lots I and 2 of lot 311, lots 312, 313,314,315,316, 319, 323, the north half of lot 325, lots 346, 347,348, lots 1 and 2 of lot 349, lot 351, west 1/2 of lot 352, lot 2 of lot 354, lots 315 Regular Session, August 18, 1986 383,385, 386,387, 429, 430~ the norther- ly 48.2 feet of lot 431, lots 355,444, 445, 446, 447, 448, 469, 470, 471,472, 473, 484, 485, 486. 487. 488,643; the vacated "unvacated portion of 18th Street from Sycamore Street eastward to Lynn Street"; the vacated "tmvacated portion of 17th Street from Sycamore Street to Lynn Street"; the vacated alley running north mad south parallal to Sycamore Street between 17th Street and 18th Street, and, Sycamore and Lynn Streets; the vacated "unvacated portion of Lynn Street from 18th Street to 17th Street"; the vacated "unvacated portion of Sycamore Street situated north of the north side of 16th Street running nor- therly to the south side of the vacated portion of East 19th Street"; in East Dubuque No. 2, in the City of Dubuque, Iowa Lots A, B and C, of Dubuque Packing Company Addition, in the City of Dubu- que, Iowa. Lot 2 of lot 3, lot I of lot I of lot 4, and, lot 2 of lot 5, in Block 2, in Railroad Addition, in the City of Dubuque, Iowa Lot 2 of "Vacated East Nineteenth Street between East line of Mineral Lot 106 and west line of Original Sycamore Street extended", in the City of Dubu- que, Iowa Lot "A" of Mineral Lot 106 (according to the Correction Plat recorded as In- strument No. 8861-77), in the City of Dubuque, Iowa Lot 1 "A" of Block 5, in Dubuque Packing Company Addition, in the Ci- ty of Dubuque, Iowa Lot 1, in Block 2, of Dubuque Pack- ing Company Addition, in the City of Dubuque, Iowa Lot 1, in Block 3, of Dubuque Pack- lng Company Addition, in the City of Dubuque, Iowa Block 4, in Dubuque Packing Com- pany Addition, in the City of Dubuque, Iowa Lot 1, in Block 5, in Dubuque Pack- ing Company Addition, in the City of Dubuque, Iowa Block 6, in Dubuque Packing Com- pany Addition, in the City of Dubuque, Iowa Lots 2 and 4 of FDL First Addition to the City of Dubuque, Iowa according to the respective recorded Plats thereof, and situated in Dubuque County, Iowa. Subject to easements, reservations, rights, options and privileges of record; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposals to dispose of an interest of the City of Dubuque, Iowa, in the hercinabove described real estate in favor of Sanwa Business Credit Corpora- tion and to enter into a Subordination Agreement with Sanwa Business Credit Corporation subordinating its security interests and liens in ali assets of FDL Foods, Inc. other than those purchased with the proceeds of the UDAG Grant Loan and Community Development Block Grant Loan to the security in- terests and liens of Sanwa Business Credit Corporation, whether now or hereafter arising and howsoever existing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of an in- terest by the City of Dubuque, Iowa, in the hereinabove described real estate to Sanwa Business Credit Corporation, and the aforedescribed Subordination Agree- ment between the City of Dubuque, Iowa, and Sanwa Business Credit Cor~ poration, be and the same are hereby approved. Section 2. That the Mayor of the Ci- ty of Dubuque be and he is hereby directed and authorized to execute said Subordination Agreement, and the City Clerk be and she is hereby directed and authorized to attest said instrument and deliver the same forthwith to Sanwa Business Credit Corporation for execu- tion and recordation by the Recorder of Dubuque County, Iowa. Section 3. 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 18th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the fallowing vote: 316 Regular Session, August 18, 1986 Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specs. for construction of a Skywalk connecting the IA St. parking Ramp and Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for the above pro- ject, presented and read. There were no written objections received. Jerry Jurgens, 2155 Clarke Drive, questioned specifics of the cost of the project. Court- cil Member Kluesner moved that the proofs of publication be received and ill- ed. Seconded by Council Member Kron/eldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klueaner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Council Member Manning moved that the specs, of the skywalk from the Iowa Street Parking Ramp to Kresge Bldg./Gallery Court Bldg. be returned to Staff for rework with maximum amount not to exceed $60,000, have the "open hours" worked out subject to Council approval and prove that 3D is an appropriate Manager for the building; and also moved that they not award the Contract for project and re- ject all bids received for the project. Seconded by Council Member Simon. Carried by the foilowkig vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Hearing on plans and Specifications for construction of Dubuque Wastewater Treatment Facili- ty Maintenance Building as amended, presented and read. There were no writ- ten objections received and no oral ob- jectors present at the time of the Hear- lng. Council Member Klueener moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None- RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 192-86 WHEREAS, on the 2nd day of July, 1986, plans, specifications, form oI con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Dubuque Wastewater Treatment Facili- ty Maintenance Building - 1986; and WHEREAS, notice of hearing on form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL 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, adopted and approved this 18th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueener moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for the project, AND Communication of City Manager recom- mending to award contract for above, and read. Council Member Klueanar moved that the proof of ~ubllcatkin and communication b.e, received and filed. Seconded by Councn Member Simon. Cartied by the fallow- lng vote: Yeas--Mayor Brady, Council Members Dalch, Khiesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. AWARDING cONTRACT RESOLUTION NO. 193-86 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Wastewater Treatment Facili- 317 Regular Session, ty Maintenance Building, 1986 pursuant to Resolution No. 181-86 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of August, 1986. WHEREAS, said sealed proposals were opened and read on the 12th day of August, 1986 and it has been deter- mined that the bid of Prism Corporation of Hazel Green, Wisconsin in the amount of $70,283.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above ira- provement be awarded to Prism Cot- poration 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 signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Communication of Assistant City At- torney James A. O'Brlen requesting public hearing be held regarding sale of Lot 2 in Mt. Carmel Subdivision, presented and read. Council Member Khiesner moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. August 18, 1986 RESOLUTION NO. 194-86 RESOLUTION OF INTENTION TO DISPOSE OF CITY INTEREST IN PROPERTY IN "MT. CARMEL SUB- DIVISION" LOT 2 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, Zephyr Aluminum Pro- ducts, Inc. is located at 565 Huff Street, Dubuque, Iowa; and WHEREAS, Zephyr Aluminum Pro- ducts, Inc. will be impacted by the Relocated 61 project in the acquisition of a certain section of their property planned for expansion; and WHEREAS, land is available to the south of their existing facilities land cur- rently owned by the City of Dubuque and incorporated as part of Mans park; and WHEREAS, Zephyr Aluminum Pro- ducts, Inc. is interested in acquiring a section of this property for future expan- sion purposes; and WHEREAS, this property is iden- tified as Lot 2 in "Mt. Carmel Subdivi- sion'' in the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: n 1. That the City of Dubuque intends to dispose of its interest in Lot 2 of "Mt. Carmel Subdivision" in Dubu- que, Iowa by sale to Zephyr Aluminum Products, Inc. Section 2. That all existing recorded easements shall remain in effect. Section 3. That the City of Dubuque covenants and agrees to have an ap- propriate abstract of title to said proper ty prepared from U.S. Government En- try to date of certification and that such abstract of title shall show good and merchantable title to said propert:~ vested in the City of Dubuque, Iowa. Section 4. That the City of Dubuque, Iowa preposes to dispose of its interest, with the reservations identified herein, for the consideration and payment by of $63,692.00 plus all costs ciated with publication and .ecording. Section 5. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under 364. 7- Disposal of Pro- - Code of Iowa, 1985 or as Passed, approved and adopted this days of August, 1986. 318 Regular Session, August 18, 1986 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kfuesner moved adoption of the Resolution and that it be set for Public Hearing on September 2, 1986 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib~ ed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of planning and Zon- ing Commission approving request of University of Dubuque for rezoning pr~- perry at 796 Auburn from R-2 to ID and approving the rezoning of the vacant lots on pearl Street from R-1 to ID In- stitutional and approving the proposed amendment to the Conceptual Develop- ment Plan with the deletion of parking Lots 2 and 3, presented and read. Coun- cil Member Kronfaldt moved that the communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending the ZOn- lng Ordinance and Zoning Map of the Ci- ty of Dubuque by reclassifying proper- ty at 796 Auburn from R-2 to ID District, by reclassifying property on pearl Street from R-1 to ID; and to ap- prove an amended Conceptual Develop- merit Plan for the University of Dubu- que ID Institutional Diz~rict, presented and read. Council Member Kronfeldt moved that this be considered the first reading of the Ordinance and that the requirement that a proposed Ordinance be considered 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 mov- ed that a Pablic Hearing be held on the proposed Ordinance on the 2nd day of September, 1986 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of 20 residents of the area ex- pressing their concerns about the zon- ing reclassification and Conceptual Development phin for the University of Dubuque, presented and read. Council Member Kronfaldt moved that the peti- tion be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Krunfeldt, Manning, Simon. Nays--None. Petition of David Leiiker submitting of 42 property owners in the area of West Locust and Rosedale Street intersection requesting City to correct the present deficiency in the storm and sewer system located in the area, presented and read. Council Member Kronfeldt moved that the petition be received and filed and matter referred to Staff with an update in six weeks responding to Mr. Leifker's remarks. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Petition of Dan Nicholsen requesting to present a short update report on the activities and plans of the Dubuque Human Rights Commission, presented and read. Council Member Simon mov- ed that the petition be received and fil- ed. Seconded by Council Member Kluesner. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Daich, Khieaner, Krleg, Kronfaldt, Manning, Simon. Nays--None. Petition of 20 residents of Tyler Road and Erie Court requesting City to cover the whole expense of public right of way instead of the 50% as previously recom- mended by the City Manager, presented and read. Council Member Kfuesner moved that the petition be received and filed and affirm the City Manager's recommendation. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council I Members Deith, Kluesner, Krieg, 319 Regular Session, August 18, 1986 Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing additional time to respond to Zoning Ordinance referral (old Celotex Plant), presented and read. Council Member Krieg moved that the com- municatinn be received and filed and quest for time approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfaldt, Manning, Simon. Nays--None. Communication of City Manager recommending approval of Offer to Buy Real Estate and Acceptance of prope~ ty at 975 Thomas Place (David J. Kane owner), presented and read. Council Member Kronfeldt moved that the com- munication be received and filed and purchase approved. Seconded by Coun- cil Member Deich. Carried by the renew- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing approval to authorize the pur- chase of real estate for the Couler Valley Redevelopment Area Project, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 195-86 RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY FOR THE COULER VALLEY REDEVELOP- MENT AREA PROJECT. WHEREAS, the Dubuque City Coun- cil on May, 1986 passed Resolution No. 93-86 approving the Urban Renewal Plan for the Couter Valley Redevelop- ment Area Urban Renewal Project; and WHEREAS, the City Manager has been directed to take the necessary ac- tions to arrange fu~ the acquislti~m of properties in accordance with said Ur- ban Renewed Plan; and WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, an in- dependent appraisal and review of said appraisal of the real property hereinafter described has been prepared on behalf of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to execute agreements of purchase and to do any and all things necessary and required including the affixing of the C~ ty Seal to certain instruments to acquire the fee simple interest in the following described pareels of real property in ac- cordance with the Coulee Valley Redevelopment Area Urban Renewal Plan at a total cost not to exceed $133,100. Legal Description Lots 80 and 81 Linehan Park Lots 82A; Lot 2 and Lot 83; and Lot 2 of Lot 2 of Lot 83; all in Linehan Park Addition Lot I of Lot 85. Lot 85A; all in Linehon Park Addition All located in the City of Dubuque, Dubuque County, Iowa Section 2. That it is hereby found and determined that the appraisal and ap- praisal review for each of the parcels to be acquired have been prepared in a com- potent manner as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act, and the rules and regulations of the Depart- ment of Housing and Urban Development. Passed, approved and adopted this 18th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption el the resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg. Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending tile Code of 0rdSnances o£ the City of Dubu- 32O Regular Session, August 18, 1986 quo, IA by enacting new Sections 1-15, 1-16 and 1-17 thereto providing for pr~- cedures and civil penalties for Municipal Infractions (first reading given on 8-4-86), presented and read. Council Member Kronfaldt moved that this be the second reading of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Member Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Mayor Brady, Council Member Deich. An ORDINANCE Amending the Zon- ing Ordinance and Zoning Map of the Ci- ty of Dubuque, IA by reclassifying pr~- petty at 2196-2198 University from R-3 Moderate Density Multi-Family Residential District to PC Planned Com- mercial District (1st reading given on 8-4-86 and public hearing has been set for 9-2-86), presented and read. Council Member Simon moved that this be the second reading of the Ordinance. Seconded by Council Member Manning. Vote on tho motion was as follows: Yeas--Canncfi Members Krieg, Man- ning, Simon. Nays--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt. MOTION FAILED. Communication of City Manager sub- mitting Ordinance relating to the con- sumption of alcgholic wine and beer by persons aged 19 or 20, presented and read. Council Member Kronfaldt moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Kluosner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 64-86 AN ORDINANCE AMENDING THE CODE Or ORDINANCES OF THE C1- TY OF DUBUQUE, IOWA. BY ENAC- TiNG A NEW SECOND UN- NUMBERED PARAGRAPH TO SEC- TION 5-7 THEREOF ESTABLISHING THE LEGAL AGE FOR SEELING, GIVING O~ OTHERWISE SUPPLY- ING ALCOHOLIC BEVERAGES TO PERSONS AGED NINETEEN AND TWENTY. presented ~d read. Council Member Kronfetdt moved that [his be considered Che Ih'st reading of the Ordinance and that the require- 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 adoption of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 64-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECOND UNNUMBERED PARAGRAPH TO SECTION 5-7 THEREOF ESTAB- LISHING THE LEGAL AGE FOR SELLING, GIVING OR OTHER- WISE SUPPLYING ALCOHOLIC BEVERAGES TO PERSONS AGE NINETEEN AND TWENTY NOW THEREOF, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting a ne~v second unnumbered paragraph to Section 5-7 thereof as fellows: "Sec. 5-7, Persons aged nineteen and twenty. A person shall not sell, give, or oth- erwise s~pply alcoholic liquor, wine, or beer to any person knowing or hav- ing reasonable cause to believe the per- son is age nineteen or twenty. A person age dineteen or twenty shall not pur- chase or possess alcoholic liquor, wine or beer. Such prohibition shall not apply to persons born on or before 32l Regular Session Mary A. Davis City Clerk It 8/25 Conmmnication of City Manager sub- mi(ling Ordinance revising the descrip- tion of Liquor Control Licenses, presented and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Simon· Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 65-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SECTION 5-21, SUBSECTION lb) of SECTION 5-23, AND SECTION 5-29 THEREOF AND ENACTING NEW SECTION 5-21, SUBSECTION lb) OF SECTION 5-23, AND SECTION 5-29 IN LIEU THEREOF PROVIDING FOR THE REVISION OF FEES AND BONDS FOR A LIQUOR CONTROL LICENSE AND ESTABLISHING A CLASS "A" LIQUOR CONTROL LICENSE presented and read. Council Member Kluesner moved that tiffs be considered the first reading of the Ordinance and that the requirement that a proposed Or- dinance be considered 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 mov- ed final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon· Nays--None. ORDINANCE NO. 65-86 AN ORDINANCE AMENDING THE August 18, 1986 CLASS "H" LIQUOR CONTROL LICENSE· NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section l. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 5-21 thcreof and enacting a new Section 5- 21 in lieu thereof as follows: Sec. 5-2l. Cla~ses of liquor control licenses. Liquor control licenses shall be classed as follows: (al Class "A". A class "A" liquor control license may be i~qued to a club and shall authorize the holder to pur- :hase alcoholic liquors fi-om class "E" liquor control licensees only, wine frmn cia~q "A' wine permit(ecs only, and facturers, and to sell liquors, wine and beer to bona fide members and their guests by the individual drink for con- smnption on the premises only. lb) Class "B" A class "B" liquor control license may be issued to a hotel or mo~el and shall authorize £he holder to tmrch~qe alcoholic liquol~ h'om (:lass "E" liqum' control licensees only, wine fi'om class "A' wine permittees only, manufacturers, and to sell liquors, wine and beer to patrons by the individual only. II0wever, hecr may also be sold license shall he cffectivc throughout the premises described in the applica- tion. lc) Class "C". A class "C' liquor i~qued in the name of the individuals who actually own the entire business and shall autilorize the holder to pur 322 Regular Session, of a special class "C" license clearly state on its face that the license is limited· (d) Glass "E". A class "E" liquor control license may be issued and shall authorize the holder to pm'chase alco- holic liquor from the division only and to sell the alcoholic liquor to patrons for consumption off the premises and to other liquor control licensees· A class "E" license shall not be issued to premises at which gasoline is sold· A holder of a class "E" liquor control license may hold other liquor control licenses or wine or beer permits, but the premises licensed under a (lass "E" liquor control license shall be separate from other licensed premises· Itowever, thc holder of a class "E" liquor con- (roi license may als() hold a class "B" wine or class "C" beer permit or both for thc premises licensed under a class "E" liquor control license· (el Class "F". A class "F" liquor control license may be issued to a colnmercial establishment hut must be ironed in the name of the individuals who actually own the entire business and shall authotize the holder to pur- chase alcoholic liquors from class "E" liquor control licensees only, wines from class "A" wine permittees only, and native wines fi'om wine lnanufac- turers, and to sell such liquors and beer to patrons by the individual drink for consmnption on the premises only. However, beer and wine may also be sold in original containers only for (fl Class "G". A special class "G" liquor control license (nay he issued and shall authorize the holder or holders to purchase wine contain(cf alcohol hy weight from only a class e'nittee, and ti) sell such liq~or~, August 18, 1986 vidual drink tbr consumption on the · However, beer and wine may be sold in mdginal containers only for consumption off the premises. Each license shall be effective throughout the premises described in the applJca- Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Subsection (i)) of Section 5-23 thereof and enact- ing a new Subsection lb) of Section 5- 23 in lieu thereof as follows: * Sec. 5~23. App, licationj bond. * lb) With any class "F', "G" or "H' liquor control license, the bond shall be six thousand dollm's ($6,0g0.00). Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 5-29 thereof and enacting a new Section g- 29 in hen thereof as follows: See. 5-29. Fees and surcharges. Thc following fees and surcharges shall be submitted with the respective application for a beer pemfit, wine per- mit or liquor control license required by this article: la) For a class "B" beer permit, the annual fee shall be three hundred dol- lars ($300.00); (b) For a class "C' beer permit, the annual fee shall be graduated on the basis of the anaount of interior floor space which comprises the retail sales m'ea of thc premises covered by the (1) Up to one thousand five hundred (1,500) square feet, the lee shall be sev enty-five dollars ($75.00). (2) Over one thousand five hundred (1,500) square feet and up to two thou- sand (2,0(/)) square feet, the fee shall be one hundred dollars ($100.00). (3) Over two thousaIld (2,00o) square 323 Regular Session._______, August 18, 1986 dred dollars ($600.00). (3) Over two thousand (2,000) square feet and up to five thousand (5,000) square feet, the sum of seven hundred dollars ($700.00). (4) Over five thousand (5,000) square feet, the sum of eight hun&ed dollars ($800.00). (el For a class "F" beer permit, the annual fee shall be one thousand dol- lars ($1,000.00). (fl Fol' a class "A" liquor control license; the annaul fee shall be; (1) For clubs generally, six hun&ed dollars ($600.00) plus one hundred eighty dollars ($180.00) surcharge for a total cost of seven hundred eighty dollars ($780.00). (2) For a club with less than two tmndred fifty (250) members, four hun- &ed dollm's ($400.00) plus one hundred twenty dollars ($120.00) surcharge for a total cost of five hun&ed twenty dol- lars ($520.0% (3) For a club which is a post, hi'anch or chapter of a veterans' orga- nizatk)n chartered by the Congress of the United States if such club does not sell or permit the consumption of alcoholic beverages, wine or beer on the premises more than one day in any week, and if the application for a license states that such club does not and will not sqll or permit the con- sumption of alcoholic beverages on the premises more than one day in any week, two hundred dollars ($200.00) plus sixty dollars ($60.00) surcharge tbr a total cost of two hundred sixty dollars ($260.00). (gl For a class "B" or class "C" liquor license, the fee shall be thirteen hun&ed dollars ($1,300.00) plus three hun&ed ninety dollars ($390.00) sur- charge for a total cost of sixteen hun- &ed tfinety dolim's ($1,690.00). (h) For a class "E" liquor license, a fee of not less than seven hundred fifty dollm's ($750.00), and not more than seven thousand five hun&ed dol- lars ($7,500.00) as determined o~ ~ sliding scale as established by the d~v~ sion taking into account the factors o square footage of the ficensed premises, the location of the licensed premises, and the population of the licensed premiss. The holder of a class "E" liquor control license may sell alcoholic liquor tbr consumption off the prenuses on Sunday. ill For a class "F" liquor control hcense, thc anmml fcc shall be: tion and over, eighteen hundred dol- lars ($1,800.00) plus three hundred ~finety dollars ($390.00) surcharge for a total cost of twenty-one hundred ninety dollars ($2,190.00). (j) For a class "G" liquor control license, the annual fee shall be: (1) For commercial establishments located within the corporate ii,nits of ¢4tles of ten thousand (10,000) popula- tion and over, nine hundred fifty dol- lars ($950.00) plus a one hundred thirty-five dollars ($135.00) surcharge for a total cost of one thousand eighty-five dollars ($1,085.00). (k) For a class "H" liquor control license, the annual fee shall be: (1) For hotjls or motels located wthin the corporate limits of cities of ten thousand (10,000) population and over, eighteen hundred dollars ($1,800.00) plus three hun&ed ninety dollars ($390.00) surcharge for a total cost of twenty-one hnndred ninety dol- lm's ($2,199.00). (1) For a class "B" wine permit, the fee shall be five hundred dollars ($500.00). (m) The fee for a Sunday Sales Priv- ilege for a liquor license is twenty pm'- cent (20%) of the liquor license fee (not including the amount of the liquor license purchase). The liquor license surcharge is equal to thirty percent 30%) of the sum of the regular license fee and the Sunday Sales Privilege fee. PASSED, ADOPTED AND APPROVED this 18th day of August, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 25th day of August, 1986. Mary A. Davis City Clerk lt8/25 Communication of City Clerk submit~ ting Ordinance clarifying the position and role of the Deputy City Clerk, presented and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Councll Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays -None. (tRDINANCE NO. 66-66 :124 Regular Session, August 18, 1986 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, BY REPEALING SECTION 2.114 AND 2-122 THEREOF AND ENACTING A NEW SECTION 2.114 IN LIEU THEREOF PROVIDING FOR A CITY CLERK AND A DEPUTY CITY CLERK, presented and read. Council Member Khiesner moved that this be considered the first reading of the Or- dinance and that the requirement that a proposed Ordinance be considered 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 adoption of the Ordinance. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 66-86 AN ORDINANCE AMENDING THE James E. Brady, Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph newspaper this 22nd day of August, 1986. Mary A. Davis City Clerk tt 8/22 Communication of City Manager sub- mltting Ordinance to permit the park- ing of motor vehicles in two downtown bus stops during those times when the City transit buses are not operating in the City, presented and read. Council Member Kluesner moved that the com- munication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council ~mbers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 67-86 CODE OF ORDINANCES OF THE AN ORDINANCE AMENDING THE CITY OF DUBUQUE, IOWA, BY CODE OF ORDINANCES OFTHE CI- REPEALING SECTIONS 2414 AND TYOFDUBUQUE,IOWA, BYENAC' 2-122 q~IEREOF AND ENACTING TING A NEW UNNUMBERED A NEW SECTION 2-114 IN LIEU TO SECTION 25-260 THEREOF pROVIDING FOR A THEREOF PROVIDING FOR PARK- CITY CLERK AND A DEPUTY CITY CLERK NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN~ CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by deleting Sections 2-114 and 2-122 thereof and enacting a new Section 2-114 in lleu thereof as fol- lows: ING IN DESIGNATED BUS STOPS WHEN CITY TRANSIT BUSES ARE NOT OPERATING, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance and that the requirement that a proposed Ordinance be considered 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 adoption of the "Sec. 2-114. Appointments'· Ordinance. Seconded by Council (al There is hereby established an Member Simon. Carried by the follow- Office of the City Clerk. lng vote: lb) The City Council shall appoint a Yeas--Mayor Brady, Council City Clerk. lc) The City Clerk shall appoint a Deputy City Clerk under the Compen- sation Package and Wage Plan for Nonbargaining Unit Employees, adopted by the City Council. (d) The Deputy City Clerk shall be subject to the direction of the City Clerk and n the absence or inability of the City Clerk to perform the duties of the office, the Deputy City (lerk simll hava the full power and authority to p~rlorm all thc duties req.ir~d cd ~mbers Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 67-86 AN ORDINANCE AMENDING TIlE CODE OF ORDINANCES OF THE ()IFFy OF DUBUQUE, IOWA BY ENACTING A NEW UNNUM BERED PARAGIIAPll "FO BE(' 'F I O N 2 3 2 6 r} TIt 1< I( E O F Regular Session, August 18, 1986 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting a new unnumbered pm'agraph to Section 25- 260 thereof as follows: "Sec. 25-260. Bus stops or passen- ger zones. Between the hours of 6:00 p.m. to 6:00 a.m., Monday through Saturday, all day Sunday and on those holidays set forth in Section 25-325, it shall be lawful for the operator of any motor vebicle to stand or park in the follow- ing downtown bus stops or passenger zones'. Ninth Street, south side, Main Street, west to the alley. M~n Street, west side, Ninth Street to Tenth Street. Passed, approved and adopted this 18th day of August, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of Aub~st, 1986. Mary A. Davis City Clerk It 8/22 Communication of City Manager sub- mltting Ordinance to eliminate the weight restrictions of the Rcckdale Road Bridge over Catfish Creek, presented and read. Council Member Kluesner moved that the communication be received and flied. Seconded by Council Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Menthers Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 68-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- 'TY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-190 THEREOF ELIMINATING WEIGHT RESTRICTIONS ON THE ROCKDALE ROAD BRIDGE OVER CATFISH CREEK, presented andread. Council Member Kluesner moved that this be considered the first reading of the Ordinance and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at winch it is to be finally adopted be suspended and furtber moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 68-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-190 THEREOF ELIMINATING WEIGHT RESTRICTIONS ON THE ROCKDALE ROAD BRIDGE OVER CATFISH CREEK NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Section 25- 190 thereof, passed, approved and adopted tins 18th day of August, 1986. dames E. Eredy, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of August, 1986. Mary A. Davis City Clerk It 8/22 Communication of City Manager sub- mitring Ordinance to eliminate the Ci- ty's authority to impose a lien on real estate to collect delinquent water charges, presented and read. Council Member Kronfaldt moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 69-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE C1- TY OF DUBUQUE, IA BY REPEAL- lNG SECTION 36-165 THEREOF ELIMINATING THE IMPOSITION OF A LIEN ON REAL ESTATE FOR DELINQUENT WATER CHARGES, presented and read. Council Member Kronfeldt moved that this be considered 326 Regular Session, August 18, 1986 the first reading of the Ordinance and that the requirement that a proposed Or~ dinance be considered 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 mov- ed final adoption of the Ordinance, Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 69-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 36-165 THEREOF ELIMINATING THE IMPOSITION OF A LIEN ON REAL ESTATE FOR DELINQUENT WATER CHARGES NOW THEREFORE, BE IT ORDAINED BY THE CITY COIIN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi nances of the City of Dubuque, Iowa be m~ended by' repealing Section 36- 165 thereof. Passed, approved and adopted this 18th day of August, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk published oflicially in the Telegraph Herald newspaper this 22nd day of August, 1986. Mm~v A. Davis City Clerk It 8/22 BOARDS AND COMMISSIONS: BOARD OF ELECTRICAL EX- AMINERS: 1-3 Year term which will ex- pire 7-12-89; Applicant: Owen J. Lesser (Needs to be a M~intenance Elec.) Council Member Kronfeldt moved that Owen Lesser be appointed. Second- ed by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. HISTORIC PRESERVATION COM- MISSION: 1-3 Year Term which will ex- pire 6-29-86 (Needs to be from Jackson Park areal; I Unexpired term which will expire 6-29-87 (Needs to be an Architect); Applicants: Roger R. Osborne (Jackson park) and Barney A. Bishop (Architect). Council Member Kronfeldt moved that Osborne and Bishop be appointed to the Commission. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. TV CABLE REGULATORY COM- MISSION: 1 Unexpired term which will expire 6-30-89; Applicants Larry Dietiker and Wm, A. Ternent. Vote on the appointment was as follows: Mayor Brady voted for Ternent; Council Member Deich voted for Ter- nent; Council Member Kluesner voted for Ternent; Council Member Krieg voted for Ternent; Council Member Kronfaldt voted for Dietlker; Council Member Manning voted for Dietlker; Council Member Simon voted for Ter- nent. Therefore Wm. A. Ternent ap- pointed to the Commission. RESOLUTION NO. 196-86 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have men examined and approved; and WHEREAS, The premises to be oc- :upied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appli- cant(s) a Liquor License. CLass "C" (COMmERCIaL) BEER AND LIQUOR LICENSE Shirley Kamentz 36 West 4th St. I~alnbow Lounge Passed, adopted and approved this 18th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kiuesner moved adoption of the Resolution. Seconded by Council Member Mmming. Carried by the following vote: Yeas Mayor Brady, Council 327 Regular Session_____.____~, August 18, 1986 Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Abstain--Council Member Kronfeldt. RESOLUTION NO. 197-86 WHEREAS, Applications for Beer Permits have been submitted and flied to this Councri for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have fried proper bond; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applleents a Beer Permit. CLASS "R" BEER PERMIT Dubuque Downtown 699 Main St. Association (14 days) Passed, adopted and approved this 18th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the folinwing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Abstain--Councri Member Kronfeldt. Printed Council Proceedings presented for the month of April, 1986. Council Member Manning moved that the proceedings be approved as printed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Civil Serv~ee Commission of 7-11, 7-18, 7-30 and 7-31, preset:cd m~d read. Coun- cil Mm~b~r Kronfeldt moved that the minutes be received and filed. Second- ed by Council Member Manr~g. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning. Simon. Nays--None. Historic Preservation Commission of 7-29; Housing Code of Appeals Board of 7-9; Human Rights Commission of 8-8; Five Flags Commission of 7-21; plann- ing and Zoding Commission of 7-16 and 8-6, Plumbing Board of 7-25 & 8-6, Police and Fire Retirement Boards of 7-25, and Zoning Board of Adjustment, presented and read. Council Member Manning moved that the minutes be received and fried. Seconded by Council Member Daich. Carried by the foliowlng vote: Yeas--Mayor Brady, Council Members Dalch, Klueaner, Krieg, Kranfeldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Henry Baal in amount of $79.50 for water damages; Donald Culbertson and Clara Culbertson in unknown amount for personal injuries; Russell R. & Maureen K. Kuennen in estimated amount of $2,260 for water damages; Paul Mootz in amount of $55 for car damages; Nicholas Saul in amount of $1300 for car damages; Lawrence Sawvel in amount of $151.63 for car damages; Wesley Siebe in amount of $418.75 for backed-up sewer damages; Ronald and Ann Burds in amount of $146.16 for backed-up sewer 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 Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communications of Corporation Counsel recommending closure of sewer back-up claim of philip and Rose Ann Brai:bach; closure of claim of Philip Brown, Adm. of Estate of Kimberly Brown, et ~l vs. C~ty o~ Dubuque; Closure of personal injury claim di An- na Mae Conlom closure of sewer backup claim of Viola Cos[ey; closure of sewer backup claim of John Knbeshesk~: Closure of property damage claim of Ronald J. McDermott; Denial ot proper- 328 Regular Session ty damage claim of Jolene Robe; and ad- vising of dismissal of dalm of Shown P. Smith et al, presented and read. Coun- cil Member Manning moved that the communications be received and filed Seconded h Carried by and denials and cl~s~ur, es Seconded by Council raemoer Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Kring, Kconfeldt, Manning, Siman. Nays--None. proof of publical~an, certified to by the Publisher, on List of claims paid for the month of June, 1986 AND proof of publication, certified to by the publisher, on Notice of Intent to file a release of funds for the Couler Valley Redevelopment Project, presented and read. Council Member Man~ng moved that the proofs of publication be receiv- ed and filed. Seconded by Council Member Deich. Carried by the following Yeas~Mayor Brady, Council Mmnbers Deich, Klueanar, Kring, Kcenfaldt, Manning, Simon. Nays--None. An Order Amending Essential Air Service for Twin Falls, ID, presented and read. Council Member Manning moved that the Order be received and filed. Seconded by Council Member Dcich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kineaner, Kcieg, Kronfaldt, Manning, Simon. Nays~Nane. petition of University of Dubuque questing vacation of Lot A in Herbst's Subdivision, presented and read. Coun- all Member Manning moved that the etition be referred to the City.. ~M~ana~ge~ ~d staff. Seconded by Council ~wem.oe Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kinesner, Kring, Kranfaldt, Manning, Simon. Nays~None. CommUnicatinn of City Manager sub- mi:ting theater usage contract between the Five Flags Center and Wahlart High School and requesting approval for Ci- ty Maxmger to execute AND Com- ~ unication of City Manager subn6tting m .... i.~ ween Five Flags Cen[er a~.d t~on and requesting C y - Nays--None. lng Commission B~ena Vista Subd. No. 4 by Carl J. & Mary Ann locatod nort] Hacienda Drive presented and read. municatinn be received and filed. Seconded by Council Member Dcich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klueaner, Krieg, Kconfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 198-86 RESOLUTION APPROVING THE FINAL PLAT OF BUENA VISTA SUBDIVISION NO. 4 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been fried with the City Clerk a final plat of Buena Vista Subdivision No. 4 in the City of Dubu- que, Iowa; and ~ ' tn~ether with certain publi .5 ,nye, -~o . ---hich the Owners by sma ty easemants w plat have dedicated to the public forever; andwHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statues and ordiancos relating thereot; NOW, THEREFORE, BE IT RESOLVED BY THE CITY cOUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Ha- cienda Drive together lt,lth the Section 2. That the final plat ofi Buena 329 Regular Session, August 18, 1986 Members Deich, Kluesner, Krleg, Man- ning, Simon. Nays--None. Abstain--Council Men, bet Kronfeldt. RESOLUTION NO. 197-86 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupled by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fo]lowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Downtown 699 Main St. Association i14 days) Passed, adopted and approved this 18th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Man- ning, Simon. Nays--None. Abstain--Council Member Kronfeldt. Printed Council Proceedings presented for the month of April, 1986~ Council Member Manning moved that the proceedings be approved as printed. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krleg, Kronfoldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Civil Service Cowmisslon of 7-11, 7-18, 7-30 and 7-31, presented and read. Coun~ c]l M~mber Kronfsldt moved that the minutes be received and filed. Second- ed by Council Member Monning. Carried by the following vote: Yeas--Mayor Brady, Council Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Historic Preservation Commission of 7-29; Housing Code of Appeals Board of 7-9; Human Rights Commission of 8-8; Five Flags Commission of 7-21; plann- lng and Zoning Commission of 7-16 and 8-6, Plumbing Board of 7-25 & 8-6, Police and Fire Retirement Boards of 7-25, and Zoning Board of Adjustment, presented and read. Council Member Manning moved that the minutes be received and filed. Seconded by Council Member Deich. Carried by the following Yeas--Mayor Brady, Council Members Dalcb, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Henry Baal in amount of $79.50 for water damages; Donald Cnibertson and Clara Culbertson in unknown amount for personal injuries; Russell R. & Manreen K. Kuennen in estimated ~mannt of $2,260 for water damages; Paul Mootz in amount of $55 for car damages; Nicholas Saul in mnount of $1300 for car damages; Lawrence Sawval in amount of $151.63 for car damages; Wesley Siebe in amount of $418.75 for backed-up sewer damages; Ronald and Ann Burds in amount of for backed-up sewer 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 Deich. Carried by the following vote: Yeas--Mayor Brady, Council Deich, Kluesner, Krieg, , Manning, Simon. Nays--None. Communications of Corporation backmp claim of Philip and Rose Ann Breithach; closure of ctalm of Philip Brown, Adm. of Estate of Kimberly Brown, et al vs. City of Dubuque; Closure of personal injury claim of An- na Mae Conion; closure of sewer backup claim of Viola Cosley; closure of sewer backup claim ot John Kubesheskl; Closure of property damage claim of Ronald J. McDermott; Denial of proper- Regular Session, August 18, 1986 presented and read. Council Member Manning moved that the communica- ~ be received and filed and contracts approved w~th City Manager to execute. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving plats of Buena Vista Sub& No. 4 and 5, owned by Carl J. & Mary Ann Burbach and located north of Asbury Road and in- cluding Hacienda Drive and Seville Drive, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Deich. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 198-86 RESOLUTION APPROVING THE FINAL PLAT OF BUENA VISTA SUBDIVISION NO. 4 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Buena Vista Subdivision No. 4 in the City of Dubu- quo, Iowa; and WHEREAS, upon said final plat ap- pears a street to be known as Hacienda Drive, together with certain public utili- ty easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statues and ordiances relating thereot; NOW, THEREFORE, B]~ IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Ha- cienda Drive together ~:ith the easements for public u~ilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the final plat o[ Buena ty damage claim of Jolene Rahe; and ad- vising of dismissal of claim of Shown P. Smith et al, presented and read. Court- all Member Manning moved that the communications be received and filed and denials and closures approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on List of claims paid for the month of June, 1986 AND Proof of publication, certified to by the Publisher, on Notice of Intent to file a release of funds for the Couler Valley Redevelopment Project, presented and read. Council Member Manning moved that the proofs of publication be receiv- ed and filed. Seconded by Council Member Deich. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. An Order Amending Essential Air Service for Twin Falls, ID, presented and read. Council Member Manning moved that the Order be received and filed. Seconded by Council Member Deicb. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of University of Dubuque questing vacation of Lot A in Herbst's Subdivision, presented and read. Coun- cil Member Manning moved that the petition be referred to the City Manager and staff. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kiuesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring theater usage contract between the Five Flags Center and Wahler t High Schoal and requesting approval for Ci- ty Manager to execute AND Com- munlcatlon of City Manager submitting contract between Five Flags Center and the Dubuque Fighting Saints Associa- tion and requesting City Mmmger be authorized to execute contract, 329 ;t28 Regular Session Vista Subdivision No. 4 be in 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 sald plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing; ~ To reduce all streets to grade and to construct concrete curb and gutter and to pave Hacienda Drive in acco~ dance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans submit- ted with the plat; e. To install concrete sidewalks as re- quired by Ordinances, and where directed by the City Engineer and the City Manager; f To install boulevard street lighting in accordance with City specifications; g. To construct the foregoing ira- provements in accordance with plans and specifications approved by the Ci- ty Manager, under the inspection of the City Engineer, and in a manner approv- ed by the City Manager; h. To construct said improvements, except sidewalks, prior to September 1, 1988; i. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide the foregoing construc- tion and maintenance at the sole expense of the subdivider Carl J. Burbach and Mary Ann Burhaeh, as owners; And further provided that said Carl J. Burbach and Mary Ann Burbach as owners of said subdivislan, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Carl J. Eurbach and Mary Ann Burbach shall fall to execute the acceptance and fu~ nish the security provided in Section 2 hereof within forty-five (45) days after ~the date of the Resolution, the provi- sions hereof shall be null and void and the acceptance of the dedication and ap- proval of the plat shall not be effective. August 18, 1986 Passed, approved and adopted this 18th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 199-86 RESOLUTION APPROVING THE FINAL PLAT OF BUENA VISTA SUBDIVISION NO. 5 IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Buena Vista Subdivision No. 5 in the City of Dubu- quo, Iowa; and WHEREAS, upon said plat appear streets to be known as Hacienda Drive and Seville Drive, together with certain public utility easements which the owners by said plat have dedicated to the public forever; and WHEREAS, said plat have been ex- amined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication o fHa- clenda Drive and Seville Drive, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the final plat of Buena Vista Subdivision No. 5 be and the same is hereby approved and the Mayor and City Clerk are hereby authorlged and directed to endorse the approval of the City of Duhaque, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce aH streets to grade and Regular Sessio_~..~_~_~, August 18, 1986 and to pave Hacienda Drive and Seville Drive in accordance with City of Dubu- que standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans submit- ted with the plat; e. To install concrete sidewalks as re- quired by Ordinances, and where directed by the City Engineer and the City Manager; fl To install boulevard street lighting in accordance with City specifications; g. To construct the foregoing ira- provements in accordance with plans and specifications approved by the Ci- ty Manager, under the inspection of the City Engineer, and in a manner approv- ed by the City Manager; h. To construct said improvements, except sidewalks, prior to September i, 1988; i. To maintain the foregoing ira- provements for a period of four (4} years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide the foregoing construe- tion and maintenance at the sole expense of the subdivider Carl J. Burbach and Mary Ann Burbach, as owners; And further provided that said Carl ~ Burbaeh and Mary Ann Burbach, as owners of said subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Managen Section 3. That in the event Cari~ Bu~ bach and Mary Ann Burbach shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the Resolution, the pro visions hereof shall be null and void and the acceptance of the dedication and approval of the plat shah not .be effective. Passed, approved and adopted this 18th day of August, 1986. Jan~es E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning. Nays--None. Communication of Planning and Zen- ing Commission approving final plat of Adams Co.'s 1st Addition, owned by the Adams Co., located between East 4th St., 6th St. and Bell Street, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Deida. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Sinmn. Nays--None. RESOLUTION NO. 200-86 A RESOLUTION APPROVING THE ?INAL PLAT OF ADAMS CO.'S lST ADDITION IN THE CITY OF DUBU- QUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Adam's Co. 1st Addition 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 approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Adams Co. ' s lst Addition in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and Ci- ty Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, adopted m~d approved this 18th day of August, 1986. James E. Brady Mayor ATTEST: Marv A. Davis City Clerk 331 330 Regular Session, August 18, 1986 Council Member Manning moved adoption of the Resolution. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of planning and Zon- lng Commisalon approving final plat of Reisen Subdivision owned by Charles & Linda Reisen and located at 517 East 24th St. and 2401 Queen Street, presented and read. Council Member Manning moved that the communica- tion be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 201-86 A RESOLUTION APPROVING THE FINAL FLAT OF REISEN SUBDIVI- SION IN THE CITY OF DUBUQUE, IOWA. WHERAS, there has been filed with the City Clerk a final plat of Reisen Sub- division in the City of Dubuque, Iowa; 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 statues and dinances relating thereto, except that Lot 2 has a frontage of 36 feet; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission with the modification of Article II, Section 4ia) of the Subdivi- sion Ordinance accepting a frontage on Lot 2 of less than sixty (60) feet; and WHEREAS, said final plat has been exomined by the City Council and the City Council finds that the same con- forms to statutes and ordinances relating thereto with the modification; V¢tIEREAS, thc City Council conc~rs in the modiiicatior; ef approval Subdivision in the City of Dubuque, Iowa be and the same is hereby approv- ed and the Mayor and City Clerk are hereby authorized and directed to eh- dorse the approval of the C2ty of Dubu- que, Iowa upon final plat. Passed, approved and adopted this 18th day of August, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Petition of residents of Nightengale Lane requesting assistance on several concerns in the area, presented and read. Council Member Kronfaldt moved that the petition be received and filed and matter referred to the City Manager and staff who are directed to respond within two months. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--none. Abstain--Council Member Krieg. Communication of Corporation Counsel responding to referral regarding "no knowledge" of hearing on the Resolution of Necessity for Wacker Drive Special Assessment as stated by Attorney James G. Schilling, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following yeas--Mayor Brady, Council Members Deich. Ktuesner, Krieg. Kronfoldt, Manning, Simon. Nays None. Communication of City Manager re municatlon be received and filed. Seconded by Council Member Deicb. 332 L Regular Session, August 18, 1986 Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. There being no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Kconfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Klueaner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Meeting adjourned at 10:23 p.m. Mary A. Davis City Clerk Approved-- __1986 Adopted -- 1986 Mayor Council Members ATTEST: City Clerk 333