1985 December Council Proceedings578
Special Session, November 18, 1985
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendatlon of the City Manager be ap.
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the General Obligation Bonds in amount
equal to the amount of his contract, less
any retained percentage provided for
therain.
Passed, adopted and approved this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 390-85
WHEREAS, the contract for the
Dubuque Dog Racing Facility Contract
E-20, Landscaping has been completed
and the City E ~-ineer has submitted his
final estimate showing the cost thereof
including the cost of estimates, notices
and inspection and ail miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said ira-
provement is hereby determined to be
$56,771.00 and that said amount shall be
paid from the General ObligaHon Bonds
of the City of Dubuque, Iowa.
Passed, approved and adopted, this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved
adoption of the Resolution: Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
~Iembers Deich, Hammel, Kluesner,
Kronfeldt, Manning, Slinon.
Nays--None.
Communication of Corporation
Counsel advising following claims have
been paid out and therefore the claims
should be closed: persanai injury of Lee
A. Adams, Sewer back-up claim of
Haraid R. Albrecht; Property damage
claim of James Herrig; Personal injury
of Herbert Hine; Sewer back-up claim of
Jane Wagner, presented and read. Coun-
cil Member Daich moved that the com-
munications be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
There being no further business, Coun-
cil Member Kronfaldt moved to adjourn.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Meeting adjourned at 7:59 p.m.
Mary A. Davis
City Clerk
Approved __ 1986
Adopted 1986
Mayor
Council Members
ATTEST:
City Clerk
Special Session, December 2, 1985 579
CITY 0F DUBO(]UE in all State general fund appropriations.
BOARD OF
HEALTH
OFFICIAL
Board of Heaith, Speciai Session,
December 2, 1985.
Health Board Met At 7:25 P.M.,
Public Library Auditorium.
Present: Chairperson Brady, Board
Members Deich, Hammel, Klueaner,
Kronfaldt, Manning, Simon.
Chairperson Brady read the call and
stated this is a Special Session of the Ci-
ty Board of Heaith called for the pur-
pose to act upon a Resolution amending
the Contract between the City and the
Iowa State Dept. of Heaith.
Communication of City Manager sub-
mit ting for Dubuque Board of Heaith's
consideration and acting on a contract
amendment for the locai Board of
Heaith contract for Stato Public Heaith
Nursing Funds. presented and read.
Board Member Deich moved that the
communication be received and filed.
Seconded by Board Member Kronfeldt.
Carried by the following vote:
Yeas--Chairperson Brady, Board
Members Daich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 1-85
RESOLUTION AUTHORIZING
AND DIRECTING THE CHAIR TO
SIGN AN AMENDMENT TO CON-
TRACT #2206D-131 BETWEEN THE
DUBUQUE CITY BOARD OF
HEALTH AND THE IOWA STATE
DEPARTMENT OF HEALTH.
WHEREAS, the Dubuque City Board
of Health has entered into an agreement
with the State of Iowa Health Depart-
ment on 6/20/85 to provide financial sup-
port for public health nursing services
for low-income and elderly persons in the
City of Dubuque; and
WHEREAS, the State Health
Department has requested that the Cf-
ty approve an amendment to said con-
tract which amendment will reduce
funding in accordance with reductions
NOW, THEREFORE, BE IT
RESOLVED BY THE BOARD OF
HEALTH AND FOR THE CITY OF
DUBUQUE, IOWA:
Section 1. That Contract amendment
#l-Public Health Nursing Services to
Contract Number 2206D-131 attached
hereto and made apart hereof is hereby
approved.
Section 2. That the Chair of the Board
of Health is hereby authorized and
directed to execute said contract amend-
ment on behalf of the Board of Health.
Passed, approved and adopted this
2nd day of December, 1985.
James E. Brady, Chair
Dubuque City Board of Health
ATTEST:
Mary A. Davis, Clerk
Dubuque City Board of Health
Board Member Deich moved adoption
of the Resolution. Seconded by Board
~lember Kronfeldt. Carried by the
following vote:
Yeas--Chairperson Brady, Board
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Simon.
Nays--None.
There being no further business,
Board Member Deich moved to adjourn.
Seconded by Board Member Hammel.
Carried by the following vote:
Yeas--Chairperson Brady, Board
Members Deich, Hammai, Klueaner,
Kronfeldt, Manning, Simon.
Nays--None.
Mary A. Davis
City Clerk
Approved__ 1986
Adopted _ 1986
Chairperson
580 Special Sessio_____.__~n December 2, 1985
Board Members
ATTEST:
Secretary. Board of Health
Regular Session, December 2, 1985
581
CITY 'COUNCIL
OFFICIAL
Regular Session, December 2, 1985.
Council Met At 7:30 P.M, Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindahl.
Mayor Brady read the call and stated
that service thereof had been duly made
and this Meeting is the REGULAR
SESSION of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
Invocation was given by Father
William Leonard, the Pastor of Nativi-
ty Catholic Church.
PROCLAMATION: Urging support
in the Hopes of Ending the Threat to
Nuclear War.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on vacating alley between Jackson and
Washington Streets from East 11th to
East 12th Streets, presented and read.
There were no written objections receiv-
ed and no oral objectors present at the
time of the Hearing. Council Member
Deich moved that the proof of publica-
tion be received and filed. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 391-85
RESOLUTION APPROVING THE
PLAT OF A VACATED ALLEY BET-
WEEN JACKSON AND
WASHINGTON STREETS, FROM
EAST llTH STREET TO EAST 12TH
STREET.
WHEREAS~ there has been presented
to the City Council of the City of Dubu-
que, Iowa a plat dated November 11,
1985 prepared by Wallace, Holland,
Kastler. Schmitz & Company, covering
a vacated alley between Jackson and
Washington Streets, from East 11th
Street to East 12th Street; and
WHEREAS, said plat conforms to the
laws and statutes pertaining thereto.
NOW, THEREFORE BE IT
RESOLVED, by the City Council of the
City ot Dubuque, Iowa:
Section 1. That the plat dated
November 11, 1985prepared by Wallace,
Holland, Kastler, Schmitz & Company
covering the real estate hereinabove
described, be and the same is hereby ap-
proved, and that the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to execute said plat for
and on behalf of the City of Dubuque,
Section2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
resolution in the office of the Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted this
2nd day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner.
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 79-85
AN ORDINANCE VACATING
ALLEY BETWEEN JACKSON AND
WASHINGTON STREETS FROM
EAST llth AND EAST 12th
STREETS, said Ordinance having been
presented and read at the Council
Meeting of November 18, 1985,
presented for final adoption.
ORDINANCE NO. 79-85
(OFFICIAL PUBLICATION)
ORDINANCE NO. 79-85
ORDINANCE VACATING ALLEY
BETWEEN
JACKSON AND WASHINGTON
STREETS FROM EAST llTH
STREET TO EAST 12TH STREET
WHEREAS, Spabn & Rose Lumber
Co. is owner of Lot 498 and 499
between Jackson Street and Washing-
ton Street, and frown East llth to East
582
Regular Session, December 2, 1985
12th Streets; and
WHEREAS, the Iowa Department
of Transportation has recently
acquired warehouse facilities of Spahn
& Rose Lumber Co. located between
East llth Street and East 12th Street,
between Pine Street and Cedar Street;
and
WHEREAS, Spahn & Rose Lumber
Co. is currently constructing a ware-
house and parking facilities on Lot 498
and Lot 499; and
WHEREAS, the area occupying the
alley is necessary in order to facilitate
the delivery and pick - up of merchan-
disc from the warehouse facilities; and
WHEREAS, Wallace, Hollandl
Kastler, Schmitz and Company has
prepared and submitted to the City
Council a plat showing the vacated
alley and the assigned lot numbers
thereof, which shall hereinafter be
known and described as "Lot 498A in
the Original Town of Dubuque" in the
City of Dubuque, Iowa; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that this alley between Jackson and
Washington Streets and from Bast
llth Street to East 12th Street is no
longer required for public use and the
vacation of said alley known as Lot
498A in the Original Town of Dubuque
in tbe City of Dubuque, Iowa should
be approved.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the real estate
described as Lot 498A in Original
Town of Dubuque in the City of
Dubuque, Iowa be and the same is
hereby vacated.
Section 2. That the City reserves
unto itself a perpetual easement
including the right of ingress and egress
thereto, for the purpose of repairing
and mainteining existing public utili-
ties and reserving to private utility
companies their right of ingress and
egress for the purpose of maintaining
their ex~sting facilities and also on the
condition that no building will be con-
structed on the vacated land.
Section 3. That the City Clerk be
and is hereby authorized and directed
to cause a notice of hitent of disposal
of said real estate in a manner as
described by law.
Section 4. That the conveyance of
Lot 498A in Original Town of
Dubuque, City of Dubuque, Iowa to
Spahn & Rose Lumber Co. be and the
same is hereby approved upon pay~
ment of $3,840.00 plus cost of platting,
PASSED, APPROVED AND
this 2nd day of October,
1985.
Jame~ E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk
officially in the Telegraph
Herald newspaper this 6th day of
December, 1985.
Mary A. Davis
City Clerk
Council Member Deich moved final
adoption of the Ordinance. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 392-85
WHEREAS, pursuant to resolution
and published notice of time and place
of hearing, published in the Telegraph
Herald, a newspaper of general circula-
tion published in the City of Dubuque,
on the 22nd day of November,
1985, the City Council of the City of
Dubuque, Iowa met on the 2nd day of
December, 1985, at 7:30 p.m. in the
Public Library Auditorium, 11th and
Locust Streets, Dubuque, Dubuque
County, Iowa to consider the proposal
for the sale of real estate described as:
Lot 498A in Original Town of Dubu-
que in the City of Dubuque, Dubuque
County, Iowa to Spahn & Rose Lumber
Co.; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to the
proposal to dispose of interest of the Ci-
ty of Dubuque, Iowa in the hereinabove
described real estate to Spalm & Rose
Lumber Co.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa that:
Section 1. That the disposal of the in-
terest of the City of Dubuque, Dubuque
County, Iowa and personal property
described as Lot 498A in Original Town
of Dubuque in the City of Dubuque,
Dubuque County, Iowa to Spahn & Rose
Lumber Co. be in and the same is hereby
approved for the sum of Three Thousand
Regular Session, December 2, 1985
Eighi Hundred and Forty Dollars
($3,840.00), plus cost of publication and
filing fees; conveyance shall be by Quit
Claim Deed, and that the conveyance
shall be subject to the conditions outlin-
ed in Ordinance No. 79-85 attached and
considered a part hereto.
Seetinn 2. That the City of Dubuque
reserves unto itself the perpetual
easements including the right of ingress
and egress thereto for the purpose of
repairing and maintaining existing
public utilities and reserving to private
utilities their right of ingress and egress
for the purpose of maintaining their
isting facilities; and that the owner fur-
ther agr~es to not construct any building
on, above or across the above described
real estate.
Section 3. That the Mayor be
authorized and directed to execute a
copy of the Quit Claim Deed, and the Ci-
ty Clerk be and she is hereby directed
and authorized to deliver deed of con-
veyance conveying the above described
real estate to the above named party
upon receipt of the purchase price in full
Section 4. That the City Clerk be and
she is hereby authoriged and directed to
record a certified copy of this resolution
in the offices of the City Assessor, Dubu-
que County Recorder and the Dubuque
County Treasuren
Passed, approved and adopted this
2nd day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kron£aldt, Manning, Simon.
Nays--None.
Proof o£ publication, certified to by the
Publisher, on Notice of Public Hearing
o£ reclassifying property at 412 Lores
Blvd. from R-4 Multi-Family Residen-
tial to OR Office/ResidenBal, presented
and read.
There were no written objections
received and no oral objectors present
583
at the time of the Hearing. Council
Member Kinesner moved that the
proof of publication be received and
filed. Seconded by Council Member
Lronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
dembers Deicb. Hammel, Kluesner,
~ronfaldt, Manning, Simon.
Nays--None.
Communication of Ruth and Russ
Nash approving reclassification of pro-
perry at 412 Loras Blvd., presented and
read. Council Member Kluesner moved
that the communication be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 80-85
AN ORDINANCE AMENDING THE
ZONING MAP BY RECLASSIFYING
?ROPERTY AT 412 LORAS FROM
R-4 MULTI-FAMILY RESIDENTIAL
DISTRICT TO OR OF-
PICE/RESIDENTIAL DISTRICT, said
Ordinance having been presented and
read at the Council Meeting of
November 18, 1985, presented for fur-
ther action.
ORDINANCE NO. 80-85
(OFFICIAL PUBLICATION )
ORDINANCE NO. 80-85.
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY AT 412 LORAS FROM
R-4 MULTI - FAMILY RESIDEN-
TIAL DISTRICT TO OR OF-
FICE/RESIDENTIAL DISTRICT.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY~ OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
584 Regular Session December 2, 1985
of Dubuque, Iowa", to reclassify
hereinafter described from "R-4 Multi
- Family Residential" District to "OR
Office/Residential" District, to
Lot i of A.L. Brown's Subdivision of
the North 86 feet of Out Lot 666 and
of the Northeast part of Out Lot 685,
in the City of Dubuque, Iowa.
Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED this 2nd day of Decem-
ber, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 6th day of
December, 1985.
Mary A. Davis
City Clerk
Council Member Kiuesner moved final
adoption of the Ordinance. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Stephen C. Han-
son. Pres. of Voluntary Hospitals of
Iowa, requesting Council set a Public
Hearing during the period of December
18th to 26th for the issuance of Volun-
tory Hospitals of Iowa Variable Rate
Demand Hospital Capital Asset
Revenue Bonds, Series 1985, and also
approve the appointment of Stephen C.
Hanson to represent the City on the
Voluntary Hospitals of Iowa Capital
Resources Group, presented and read.
Council
Member Kronfeldt moved that the com-
munication be received and flied and ap-
pointment approved. Seconded by Coun-
cil Member Simon. Carried by the
following vote:
Yeas--Mayor Brady. Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 393-85
A RESOLUTION REGARDING
TIlE ISSUANCE OF NOT TO EX-
CEED $3,000,000 IN AGGREGATE
PRINCIPAL AMOUNT OF
VARIABLE RATE DEMAND
HOSPITAL CAPITAL ASSET
REVENUE BONDS, SERIES 1985,
DIRECTING PUBLICATION OF
NOTICE OF INTENTION TO ISSUE,
CALLING A PUBLIC HEARING ON
THE PROPOSAL TO ISSUE SAID
3ONDS AND AUTHORIZING THE
CREATION OF A JOINT POWERS
ENTITY UNDER IOWA CODE
CHAPTER 28E.
WHEREAS, the City of Dubuque,
Iowa (the "Issuer") is a municipal cor-
poration organized and existing under
the Constitution and laws of the State
of Iowa. and is authorized and em-
powered by Chapter 419 of the Code of
Iowa (the "Act"). to issue Variable Rate
Demand Hospltal Capital Asset
Revenue Bonds (the '!Bonds") and loan
the proceeds from the sale of said Bonds
to one or more parties to be used to
defray all or a portion of the cost of ac-
quiring, constructing, improving and
equipping a "Project"~ as that term is
defined in the Act, for the purpose of
)roviding additional hospital and health
,.are facilities and services in the Issuer
which will add to the welfare of the
residents of the Issuer; and
WHEREAS, pursuant to Iowa Code
Chapter 28E, as amended, the Issuer
may join together with other cities and
counties of the State of Iowa and enter
into an agreement (the "28E Agree-
ment'') which creates a legal entity to
exercise some or all of the Issuer's
powers on behalf of the Issuer, in-
cluding, but not limited to, the power of
the Issuer to issue bonds under the Act;
and
WHEREAS, the Issuer has been re-
quested by The Finley Hospital, Dubu-
que, Iowa/tbe "Borrower") to enter in-
to a 28E Agreement for the purposes of
forming and participating in an Iowa
nonprofit corporation established under
Iowa Code 504A, to be known as VHi
Capital Resources Group (the "Corpora-
tion') which shall be empowered to issue
the Bonds on behalf of the Issuer as part
d a common plan of financing pursuant
to which the Corporation will issue
Bonds on behalf of all of the cities and
:ounties which are parties to the 28E
Agreement; and
WHEREAS, the Bonds issued by the
Corporation will be issued pursuant to
Regular Session, December 2, 1985
585
the provisions of the Act, Iowa Code
Chapter 331 and Iowa Code Chapter
28E for the purpose of defraying the
cost of the acquisition of capital assets
for the Borrower and refinancing ex-
isthig indebtedness incurred by the Bor-
rower to acquire capital assets tthe "Pro-
ject"); and
WHEREAS, said Project will create
and maintain additional employment op-
portunities for residents of the Issuer
and the surrounding area; will enhance
the tax base of the Issuer and overlap-
ping taxing jurisdictions and will pro-
vide additional hospital and health care
facliities and services hi the Issuer which
will add to the welfare and prosperity of
the Issuer and its inhabitants; and
WHEREAS, the Issuer has determin-
ed that the amount necessary to defray
all or a portion of the cost of acquiring
the Project, including necessary ex-
penses incidental thereto, will require
the issuance of not to exceed $3,000,000
aggregate principal amount of Variable
Rate Demand Hospital Capital Asset
Revenue Bonds pursuant to the provi-
sions of the Act and Iowa Code Chapter
28E, and it is proposed that the Corpora-
tlon loan said amount to the Borrower
under a Loan Agreement between the
Corporation and Borrower pursuant to
which loan payments will be made by
the Borrower in amounts sufficient to
pay the principal of, interest and
premium, if any, on said bonds, as and
when the same shall be due; and
WHEREAS, the Bonds, if issued,
shall be limited obligations of the Cor-
poratlon, and shall not constitute nor
give rise to a pecuniary liability of the
Issuer or the Corporation or a charge
against their general credit or the
Issuer's taxing powers, and the principal
of, interest and premium, if any, on the
bonds shall be payable solely out of the
revenues derived from the Project to be
financed by the Bonds; and
WHEREAS, before the Bonds may be
issued, it is necessary to conduct a
public hearing on the proposal to issue
the Bonds, all as required and provided
by Section 419.9 of the Act.
NOW, THEREFORE, BE IT AND
IT IS HEREBY RESOLVED BY THE
GOVERNING BODY OF THE
ISSUER AS FOLLOWS:
Section 1. A public hearing shall be
conducted on December 20, 1985, at 6'15
o 'clock p. m., before this Governing Body
in the Conference Room "A " at the Ci-
ty Hall on the proposal to issue not to
exceed $3,000,000 aggregate principal
amount of Variable Rate Demand
Hospital Capital Asset Revenue Bonds,
Series 1985, pursuant to the provisions
of the Act, for the purpose of defraying
all or a portion of the cost of acquiring
the Project, including necessary ex-
penses incidental thereto, and all local
residents who appear at said hearing
shall be given an opportunity to express
:heir views for or against the proposal
to issue such Bonds; and at said hea~
~ng, or any adjournment thereof, this
;overning Body shall adopt a Resolution
determining whether or not to proceed
with the issuance of said Bonds.
Section 2. The City Clerk of the Issuer
is hereby directed to publish one time,
not less than fifteen (15) days prior to the
date fixed for said hearing, in the Dubu-
que Telegraph-Herald, a legal newspaper
published and having a general circula-
tion within the Issuer, a Notice of Inten-
tion to issue said Bonds in substantial-
ly the following form:
(One Publication Required)
NOTICE OF PUBLIC HEARING ON
NTENTION TO 1SSUE VARIABLE
RATE DEMAND HOSP1TAL
CAPITAL ASSET REVENUE
BONDS
Notice is hereby given that a public
~earing will be conducted before the Ci-
ty Council of the City of Dubuque, Iowa
(the "Issuer"), in the Conference Room
"A " at the City Hall in said City at 5:15
o'clock p.m., on December 20, 1985, on
the proposal to issue not to exceed
$3,000,000 principal amount of Variable
Rate Demand Hospital Capital Asset
Revenue Bonds, Series 1985 (the
"Bonds"), pursuant to the provisions of
Chapters 419 and 28E of the Code of
Iowo, for the purpose of defraying all or
a portion of the cost of financing the ac-
quisition of capitol assets by the Finley
Hospital Dubuque, Iowa (the "Bo~
rower") and for refinancing existing in-
debtodness incurred by the borrower to
acquire capital assets. The Issuer pro-
poses to enter in an agreement with
other Iowa cities and counties pursuant
to Iowa Code Chapter 28E and authorize
the formation of VHi Capital Resources
Group, an Iowa nonprofit corporation
(the "Corporation") which will issue the
Bonds for and on behalf of the Issuer
ind the other cities and counties which
586 Regular Session
are parties to the agreement. It is con-
templated that a Loan Agreement will
be entered into between the Corporation
and the Borrower, under which the Co~
potation would loan to said Borrower
the proceeds from the sale of the Bonds
in return for loan payments from the
Borrower sufficient to pay the principal
of, interest and premium, if any, on such
Bonds as the same shall fall due.
Such Bonds, if issued, and the interest
then)n, will be payable solely out of the
revenues derived from the Loan Agree-
ment and shall never constitute an in-
debtodness of the Issuer within the
meaning of any state constitutional pro-
vision or statutory limitation, and shall
not constitute nor give rise to a
pecuniary liability of the Issuer or a
charge against its general credit or tax-
ing powers.
All local residents who appear at the
hearing shall be given an opportunity to
express their views for or against the
proposal to issue the Bonds, and at the
hearing, or any adjournment therof, the
City Council of the Issuer shall adopt a
resolution determining whether or not
to proceed with the issuance of the
Bonds.
By Order of the City Council.
Mary A. Davis, City Clerk of the Ci-
ty of Dubuque, Iowa
Section 3. The Issuer is authorized to
enter into the 28E Agreement with other
Iowa cities and counties in accordance
with Iowa Code Chapter 28E, and form
and participate in the Corporation for
the purposes of issuing the bonds, all
subject to approval of the form of such
28E Agreement by counsel to the Issuer
and this City Council.
Section 4. The issuance of the Bonds
by the Corporation is hereby approved
and authorized subject to approval of the
28E Agreement and the holding of the
public hearing required by the Act.
Section 5. The Issuer hereby appoints
Stephen C. Hanson, of the Finley
Hospital as its representative on the
Board of Directors of the Corporation
with full power and authority to repre-
sent the Issuer in the management of the
affairs of the Corporation.
Section 6. In order that the Project
will not be unduly delayed, Borrower is
hereby authorized to make such eom-
mitments, expenditures and advances
toward payment of tho costs of the Pro-
December 2, 1985
ject as it considers appropriate, subject
to reimbursement from the proceeds of
the Bonds when and if delivered, but
otherwise without liability on the part
of the Issuer.
Section 7. All Resalutions and Orders
or parts there f, in conflict herewith are,
to the extent of suck conflict, hereby
repealed, and this Resolution shall be in
'ull force and effect immediately upon
its adoption.
Adopted and approved December 2nd,
1985.
City of Dubuque, Iowa
(Seal) James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager ad-
vising of request from DuPaco Credit
Union to vacate an alley between Cedar
and Sycamore Streets, from 14th to 15th
Streets, 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
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
AN ORDINANCE Vacating the alloy
between Cedar and Sycamore Streets,
from 14th to 15th Streets, presented and
read.
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Simon. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Man.ning, Simon.
Nays--None.
Regular Session, December 2, 1985
587
Council Member Kluesner moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Kluesner moved that
a Public Hearing be held on the Or-
dinance on December 16, 1985 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 Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mitring Resolution providing for setting
a Public Hearing on establishment a
Residential Parking Permit District,
presented and read. Council Member
Simon moved that the communication
be received and Bled. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 394-85
SETTING A PUBLIC HEARING ON
ESTABLISHING A RESIDENTIAL
PARKING PERMIT DISTRICT FOR
AN AREA ADJACENT TO THE
UNIVERSITY OF DUBUQUE.
WHEREAS, the City of Dubuque,
pursuant to Section 25-352 of the Code
of Ordinances, has received a petition
containing sufficient signatures re-
questing that an area described as
follows be designed as a Residential
parking Permit District:
From the intersection of Ida and
Grace, west on Grace to McCormick.
From the intersection of Grace and
McCormick south on McCormick to
Bennett. From the intersection of
McCormick and Bennett east on Ben-
nett to Algona. From the intersection of
Bennett and Algeria north on Algnna to
Grace.
WHEREAS, pursuant to said Section
25-352, the City Manager has caused a
parking study of the area identified
above to be under teken and which study
shows at least: (1) eighty percent of the
curbside parking spaces in the propos-
ed parking Permit District were utiliz-
ed during peak periods; and (2) twenty-
five percent of the curbside parking
spaces in the proposed Parking Permit
District were utilized by nonresident
parkers; and
WHEREAS, the City Manager,
based upon the results of the study and
in accordance with Section 25-352,
recommends that the area be designated
as a Residential Permit Parking District
and that the City Council set a public
hearing on the petition to establish such
area as a Residential Parking Permit
District and the hours such parking
restrictions are to be in effect.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council finds
and determines that a valid petition has
been received for the designation of the
above described area as a Residential
Parking Permit District.
Section 2. That the City Clerk is
hereby authorized and directed to
publish a notice of publie hearing in the
form of Exhibit A attached hereto and
made a part hereof, to be held at 7:30
p.m. on Monday, December 16, 1985, at
the Carnegie Stout Public Library.
Passed, approved and adopted this
2nd day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
PUBLIC NOTICE
CITY OF DUBUQUE, IOWA
The Dubuque City Council will con-
duct a public hearing at 7:30 p.m. on
Monday December 16, 1985 in the third
floor auditorium of the Carnegie Stout
Public Library for the purpose of either
rejecting a petition or adopting an
588 Regular Sess~o ,
ordinance designathig an area of the Ci-
ty as a Residential parking Permit
District {RPPD). Upon designation as
an RPPD, no one can park carbside in
the district during the restricted hours
without a residential or guest parking
permit.
The petition requests that the
Residen~Aal parking Permit District con-
taln the following boundaries:
From the inter section of Ida and Grace,
west on Grace to McCormick. From the
intersection of Grace and McCormick
south on McCormick to Bennett. From
the intersection of McCormick and Ben-
nett east on Bennett to Algona. From
the intersection of Bennett and Algena
north on Algeria to Grace.
The petition also requests that park-
lng restrictions in the above described
area be in effect from 7:30 a.m. until
11:00 p.m.
Neighborhood residents and represen-
tatlves of organizations wishing to
speak on this petition are urged to at-
tend this meeting.
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Dalch. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klueaner,
Krenfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending the suspension of a Li-
quor Control License held by Mark
Menadue and Jeff Nagle, d/b/a J. W.
Rumphf's for fourteen days and setting
a Hearing on the matter, presented and
read. Council Member Kronfeldt moved
that the communication be received and
filed and a Hearing set for December 16,
1985 at 7:30 p.m. in the public Library
Auditorium. Seconded by Council
Member Klueaner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hanunel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
Petition of Alfred Polsean requesting to
December 2, 1985 ~
the Council concerning the
Reckdale Bridge and the operation of
the Plarming and Zardng Conunis-
aloner's office, presented and read. Mr.
polsean spoke to the petition. Council
Member Kr°nfaldt moved that the peti-
tion be received and filed. Seconded by
Council Member Khiesnar. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Krenfeldt, Manving, Simon.
Nays--None.
Verbal petition of County Supervisor
Donna Smith requesthig te address the
Council concerning the combination of
the offices of the City and County
Assessor, upon consensus of Council
this matter referred to the Council
Meeting of Dec. 16th.
Communication of County Board of
Super~dsers submitting opinion of Conn-
ty Attorney regarding combining City
and County Assessors, presented and
read. Council Member Khieaner moved
that the communication be received and
filed. Seconded by Council Member
Dalch. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Khieaner,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Theron N. Clark,
Manager of Dubuque Municipal Air-
port, requesting Council approve using
the #1 CIP item, "Chlorinate Water
System" scheduled for the upcoming
year, immediately in order to keep safe
drinking water available at the Airport,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed and request ap-
Council Member
~. Carried by the following vote:
Yeas--Mayor Brady, Council
Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays~None.
Communication of City Manager re-
questing discussion regarding approval
t6 proceed with the installation of an
Elevator and construction of replace-
merit office space in City HaH, presented
and read. Council Member Kinesner
moved that the communication be
Regular Session, December 2, 1985
received and filed and that the reCom-
mendation be approved and City
Manager directed to proceed. Seconded
by Council Member Dalch. Carried by
the following vote:
yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krnnfeldt,
Manning, Simon.
Nays--Council Member Hammel.
Communication of City Manager sub-
mitting tentative Five Year Street Con-
structinn Program, presented and read.
Council Member Klueaner moved that
the conuannicatinn be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammal, Khiesner,
Kronfaldt, Manning, Simon.
Nays--None,
RESOLUTION NO. 395-85
RESOLUTION APPROVING A
TENTATIVE FIVE YEAR STREET
CONSTRUCTION PROGRAM AND
SUBMITTING SAME TO THE IOWA
DEPARTMENT OF TRANSPORTA-
TION.
WHEREAS, there has been prepared
a tentative street construction program
for fiscal year 1986 through 1990; and
WHEREAS, said construction pro-
gram must be filed with the Iowa
Department of Transportation by
December 1, 1985 for the purpose of
allocating Road Use Tax Funds to
municipalities; and
WHEREAS, this Council has review-
ed the tent alive street construction pro-
gram as submitted.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the tentative five year
street construction program for fiscal
years 1986 through 1990 be in the same
is hereby approved and the Mayor is
hereby authorized and directed to sign
this resolution.
Section 2. That the City Manager is
hereby authorized and directed to fo~
ward the required documents relating to
the five year street construction pro-
gram to the Iowa Department of
T~nsportation.
589
Passed, approved and adopted this
2nd day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khieaner moved
adoption of the Reechi~ion. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members DeiaH, Hammel, Klucener,
Kronfeldt, Manning, Simon.
Nays--None.
Communicatio~ of Corporation
Counsel advising the litigation, regar-
ding the special assessment of Victoria
Street as a part of the Asphalt Paving
Project, has been successfully conclud-
ed in favor of the City and recommen-
ding Council to consider amending the
,,Reconsideration" Rule, presented and
read. Council Member Kranfeldt moved
that the communication be received and
filed and referred to the Legal Staff for
~mendment. Seconded by Council
Member Simon. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members DeiaH, Hammal, Khiesner,
Krenfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending to change the street
name of Jennifer Street to Andrea
Street, presented and read. Council
Member Simon moved that the com-
be received and filed.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members DeiaH, Hammel, Khieaner,
Krunfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 81-85
AN ORDINANCE CHANGING THE
NAME OF JENNIFER STREET TO
ANDREA STREET, LOCATED IN
SUNSET PARK, SUBDIVISION NO. 4
IN THE CITY OF DUBUQUE, IOWA,
presented and read. Council Member
Simon moved that the reading just had
be considered the first reading of the Or-
dinance. Seconded by Council Member
590
Regular Session December 2, 1985
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Simon moved that
the rule requiring an Ordinance to be
presented and read at two meeting prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 81-85
(OFFICIAL PUBLICATION )
ORDINANCE NO. 81-85
AN ORDINANCE CHANGING THE
NAME OF JENNIFER STREET TO
ANDREA STREET IN SUNSET
PARK SUBDIVISION NO. 4 IN
THE CITY OF DUBUQUE, IOWA
WHEREAS, there appears in the
records of the Dubuque County
Recorder a plat of "Sunset Park Sub-
division No. 4" in the City of
Dubuque, Iowa recorded as instrument
number 6727-78 therein; and
WHEREAS, said "Sunset Park Sub-
division No, 4" has platted, named and
dedicated to the public, a street known
os Jennifer Street; and
WHEREAS, said platted Jennifer
Street is so named the same as Jen-
aifer Court in Dubuque County, within
close proximity to the City of
Dubuque, Iowa, which is potentially
a source of confusion to the public and
a danger to the pubfic health, safety
and welfare in the event of a cail for
emergency services to locations on said
streets; and
WHEREAS, Section 409.17 of the
Code of Iowa, 1985, provides that the
City Council may, hy ordinance, cause
the nmne of a platted street to be
changed.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the platted street
known os "Jennifer Street" contained
within "Sun~t Park Subdivision No.
4" in the City of Dubuque, Iowa, and
recorded as instrument number 6727-
78 in the Record of Plats in the office
of the Dubuque County Recorder shall
hereinafter be named and known as
Andrea Street.
Section 2. That the Mayor and City
Clerk of the City of Dubuque, Iowa,
shall certify and file this ordinance,
after its passage, with the County
Recorder, City and County Assessor
and County Auditor of Dubuque
County, Iowa, and the Auditor shall
make the proper changes on the plats
found in the office of the Auditor, and
the Recorder shall enter the instru-
merit of record and make reference on
the margin of the original plat or upon
a reference sheet or page attached to
the original plat for that purpose.
Passed, approved and adopted this
2nd day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 6th day of
December, 1985.
Mary A. Davis
City Clerk
Council Member Simon moved final
adoption of the Ordinance. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending that the $326 claim of
Mr. Edward Jenni, 2170 Fairway Drive,
be approved, presented and read. Coun-
cil Member Kronfeldt moved that the
communication be received and filed and
Finance Director to issue the proper
cheek. Seconded by Council Member
Manhing. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Hammel, Kluesner, Kronfeldt,
Manning, Simon.
Nays--Council Member Deich.
Terry Harrmann, Pres. of Dubuque
Racing Assn., Ltd. advising of the ac-
ceptance of the resignation of Council
Member Kronfeldt from the Racing
Assn., Ltd. Board of Directors,
Regular Session, December 2, 1985
591
presented and read. Council Member
Klueaner moved that the communica-
tion be received and filed and agree to
wait until January for replacement.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
APPOINTMENTS TO THE
BOARDS AND COMMISSIONS:
BOARD OF ELECTRICAL EXAM-
INERS:
Council Member Kronfeldt moved
that John C. Desens be appointed to the
unexpired term on the Bd. of Electrical
Examiners, which term will expire
July 12, 1986. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
DOCK BOARD:
One three-year term which will expire
11-26-88 (term of M. Bissell), Applicants:
Daniel Block, Robert Wild and F.M.
HIeiler t. Vote on the appointment was as
follows: Mayor Brady voted for HIellert;
Council Member Deich voted for Heller t;
Council Member Hammel voted for
Block; Council Member Kinesner voted
for Block; Council Member Kronfaldt
voted for Block; Council Member Man-
ning voted for Heilert; Council Member
Simon voted for Binck. Therefore,
Daniel Block appointed to the Dock
Board for a three year term which will
expire 11-26-88.
FIRE AND POLICE RETIREMENT
PENSION BOARDS
One unexpired term which will expire
3-31-88 (Term of F. Pape). Applicants:
Larry Herrig & Robert K. Popple. Vote
on the appointment was as follows:
Mayor Brady voted for Herrig; Council
Member Deich voted for Popple; Coun-
cil Member Hammel voted for Popple;
Council Member Kluesner voted for
Popple; Council Member Kronfeldt
voted for Popple; Council Member
Manning voted for Popple; Council
Member Simon voted for Popple.
Therefore, Robert K. Popple appointed
;o the Fire & Police Retirement Pension
Boards for an unexpired term which will
expire March 31, 1988.
PLUMBING BOARD
Two three-year terms which will ex-
pire 11-2-88 (At Lg. & Journeyman posi-
tion). Applicants: George Beaves, Albert
Bracket, Jeffrey Willenborg, Jeffrey J.
Schwartz. Vote on the appointment was
as follows: Mayor Brady voted for
Bracket and Beaves; Council Member
Deich voted for Beaves and Bracket;
Council Member Hammel voted for
Willenborg and Schwartz; Council
Member Kluesner voted for Bracket and
Willenborg; Council Member Kronfeldt
voted for Beaves and Willenborg; Coun-
cil Member Manning voted for Bracket
and Beaves; Council Member Simon
voted for Bracket and Willenborg.
Therefore, A1 Bracket appointed for At
Large position and Jeff Willenhnrg ap-
pointed for Journeyman position, said
terms will expire 11-2-88.
CABLE TV COMMUNITY
TELEPROGRAMMING
COMMISSION
One unexpired term which will expire
6-30-86 and three unexpired terms which
will expire 6-30-88. Applicants:
Rosemary C. Cronin, Russell Nash,
Hugh Lenane. Council Member
Kluesner moved that Cronin, Nash and
Lenane all be appointed to the longer
terms (expiring 6-30-88) on the TV Cable
Teleprogrammlng Commission. Second-
ed by Council Member Hammai. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 396-85
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that
the following having complied with the
~rovisions 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.
592 Regular Session December 2, 1985
River City Tap & Grill 1450 Pine St.
Passed, adopted and approved this
2nd day of December 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Delch moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 397-85
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 pren~ses to be oc-
cupied 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 following named applicants
a Beer Permit.
CLASS "B" BEER PERMIT
Local 94, UAW 3450 Central Ave.
(Also Sunday Sales)
Clarke College of Dubuque 1500 Clarke Drive
CLASS"C" BEER PERMIT
Sunshine Mart of Dubuque, Ltd.430 Ehomberg Ave.
(Also Sunday Sales)
CLASS "E" BEER PERMIT
Lucky Stores, Inc. 200 S. Locust St.
Eagle Food Center 109 (Also Sunday Sales)
Passed, adopted and approved this
2nd day of December I985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Haramel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 398-85
WHEREAS, applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, the premises to be oc~
cupied by such applicants were in-
spected and found to comply with ~e
State Law and all City Ordinances rel~
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) Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Angelina A. BertoBni 1298 M~in St.
Marie's (Also Sunday Sales)
Benevolent & ProteMive Order of Elk's2699 J.F.K.
(Also Sund~y Sales)
Phillip Mihal~kls 1406 Pine St.
River City Tavern (Also Sunday S~les)
John Riehman & Robert Spiegel 1080 U~iveralty
Avenue Top (Also Sunday Sales)
Passed, adopted and approved this
2nd day of December 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Haramel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
MINUTES SUBMITTED: Airport
Conun. of 11-6; Carnegie Stout Public
Library of 11-7; Dubuque In Future,
Inc. of 10-24; Electrical Examining Bd.
of 11-12; Historic Preservation Comm.
of 11-19; Housing Conun. of 11-19;
Regular Session, December 2, 1985
593
Human Rights Comm. of 11-14
Mechanical Board of 11-12; Park &
Recreation Comm. of 11-19; Planning
and Zoning Comm. of 11-6; Transit Bd.
of 11-14; Transit Board Statement and
Statistics for month of October, 1985;
Zoning Board of Adjustment of 10-28;
Five Flags Comm. of 11-18; Cable TV
Regulatory Comm. of 11-18, presented
and read.
Council Member Kluesner moved that
the minutes be received and filed.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
NOTICES OF CLAIMS AND SUITS:
Michelle Cole, a minor by Carol Cole,
her mother, in the amount of $100,000
for reckless disregard for the rights of
the Plaintiff; Stephen Krumpe, in est.
amount of $165.49 for car damages;
Judith Wa]z, in amount of $79.90 for
personal injuries and damages,
presented and read. Council Member
Kluesner moved that the claims and
suits be referred to the Legal Staff for
investigation and report. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Corporation
Counsel recommending denial of per-
sonal injury claim of Jeanne L.
Woitekatis, presented and read. Coun-
cfi Member Kluesner moved that the
communication be received and filed and
denial approved. Seconded by Council
Member Simon. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Membere Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
REFUNDS REQUESTED:
Kenneth Bechen, $50 on unexpired
Cigarette License, presented and read.
Council Member Kluesner moved that
the refund be approved and Finance
Director to issue the proper check.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady~ Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
n~tting Financial reports for the month
of October, 1985, presented and read.
Council Member Kluesner moved that
the communication and reports be
received and filed. Seconded by Council
Member Simon. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--Novae.
Canununication of City Manager re-
questing authorization to request a
release of ~unds for certain Community
Development Block Grant projects,
)resented 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, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 399-85
A RESOLUTION SUBMISSION OF
A REQUEST FOR RELEASE OF
FUNDS FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECTS.
WHEREAS, the City of Dubuque, in
conformance with the Environmental
Review Procedures for the Community
Development Program, convened an ad
hoc committee on June 23, 1976 which
completed an Environmental Assess-
ment of the following projects to be
funded in the Community Development
Block Grant:
Housing Rehabilitation Loan Pro-
gram; Tool Lending Library sponsored
by Washington Tool Library, Inc., a
non-profit corporation; Property Ac-
qnisitio~Relocation Projects; and
594 Regular Session December 2, 1985
WHEREAS, pursuant to Resolution
No. 240-76 adopted July 6,1976, Public
Notice of a "Finding of No Significant
Effect to the Environment" for the pro-
jects above was published on July 7,
1976, in the Dubuque Telegraph Herald,
and provided for a public comment
period until 12:00 Noon, Friday, July 30,
1976, and notice of opportunity to
review the projects was published on
November 8th and 15th, 1985 in the
Dubuque Telegraph Herald and provid-
ed for public comment until 12:00 Noon,
December 6, 1985i and
WHEREAS, the City of Dubuque, in
conformance with the Environmental
Review Procedures for the Community
Development Program, convened an ad
hoc committee on June 12, 1976 which
completed an Environmental Assess-
ment of the following project to be fund-
ed in the Community Development
Block Grant:
Housing Code Enforcement; and
WHEREAS, pursuant to Resolution
No. 210-78 adopted June 19, 1978,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the project above was publlshed June
20, 1978, in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 Noon, Friday,
July 7, 1978, and notice of opportunity
to review the projects was published on
November 8th and 15th, 1985 in the
Dubuque Telegraph Herald and provid-
ed for a public comment period until
12:00 Noon, December 6, 1985; and
WHEREAS, the City of Dubuque, in
conformance with the Environmental
Review Procedures for the Community
Development Program, convened an ad
hoc committee on June 11, 1980 which
completed an Environment Assessment
of the following project to be funded in
the Community Development Block
Grant;
Operation Paintbrush; and
WHEREAS, pursuant to Resolution
No. 292-80 adopted June 16, 1980,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the project above was published June
17, 1980, in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 Noon, Monday,
July 71 1980, and notice of opportunity
to review the project was published on
November 8th and 15th, 1985 in the
Dubuque Telegraph Herald and provid-
ed for a public comment period until
12:00 Noon, December 6, 1985; and
WHEREAS, the City of Dubuque, in
conformance with the Environmental
Review Procedures for the Community
Development Program, convened an ad
hoc committee on June 15, 1982, which
completed an Environmental Assess-
ment of the following project to be fund-
ed in the Community Development
Block Grant:
Industrial/Commercial Loan Par-
ticipation; and
WHEREAS, pursuant to Resolution
No. 169-82 adopted June 21, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the project above was published June
21, 1982, in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 Noon, Friday,
July 9, 1982, and notice of opportunity
to review the project was published on
November 8 & 15, 1985 in the Dubuque
Telegraph herald and provided for a
public comment period until 12:00 Noon,
December 6, 1985; and
WHEREAS, the City of Dubuque, in
conformance with the Environmental
Review Procedures for the Community
Development Program, convened an ad
hoc committee on July 30, 1982 which
completed an Environmental Assess-
ment of the following project to be ~und-
ed in the Community Development
Block Grant:
Economic Development/Activities;
and
~HEREAS, pursuant to Resolution
No. 203-82 adopted August 2, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the project above was published
August 4, 1982, in the Dubuque
Talegraph Herald and provided for a
public comment period until 12:00 Noon,
Friday, August 20, 1982 and notice of
opportunity to review the project was
published on November 8th and 15th,
1985 in the Dubuque Talegr apb Herald
and provided for a public comment
period until 12:00 Noon, December 6,
1985; and
WHEREAS, Public Notice of a "Fin-
ding of No Significant Effect on the En-
vironment: for the projects was sent by
regular mail to various federal, state and
I local public agencies and to the local
Regular Session, December 2, 1985
595
news media, individuals and groups
known to be interested and believed to
be appropriate to receive such a Public
Notice; and
WHEREAS, any and all objections,
if any, to such proposals have been du-
ly considered; and
WHEREAS, it is the intent of the Ci-
ty Council to authorize the subnfission
of a request to the U.S. Department of
Housing and Urban Development for
the release of funds to carry out the
above-identified projects:
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Environmental
Review Record for each of the projects
shall continue to remain on file in the Of-
rice of the City Clerk, where said records
may be examined and copied by any in-
terested party.
Section 2, That the Mayor of the Ci-
ty of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment a request for release of funds to
undertake the said projects.
Section 3. That the Mayor of the Ci-
ty of Dubuque is hereby authorized to
consent to assume the status of respon-
sible federal official under the National
Environmental Protection Act. Insofar
as the provisions of the said Act apply
to the [~ S. Department of Housing and
Urban Development's responsibilities
for review, decision-making, and action
assumed and carried out by the City of
Dubuque as to environmental issues.
Section 4. That the Mayor of the Ci-
ty of Dubuque is hereby authorized to
consent personally, in his official capaci-
ty and on behalf of the City of Dubuque,
to accept the jurisdiction of the federal
courts if an action is brought to enforce
responsibilities in relation to eh-
vironmental reviews, decision-making
and action.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby authoriz-
ed and directed to execute a certification
pertaining to the environmental review
procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed to
publish a public notice for a ~equest for
release of Funds and Certification
;ttached hereto and made apart hereof
Passed, approved and adopted this
!nd day of December, 1985.
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, Hummel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of plan~ing and Zon-
ing Commission approving final plat of
"La Vista Estates No. 2", presented and
read.
Council Member Kluesner moved that
the communication be received and ill-
ed. Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 400-85
A RESOLUTION APPROVING THE
FINAL PLAT OF "LA VISTA ES-
TATES NO. 2" IN DUBUQUE COUN-
TY, IOWA
WHEREAS, there has been filed with
the City Clerk a final plat of La Vista
Estates No. 2 in Dubuque County, Iowa;
and
WHEREAS, said final plat has been
examined by the City of Dubuque plan-
ning and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council of the Ci-
ty of Dubuque, Iowa, and the City Coun-
cil finds that the same conforms to
statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
596 Regular Session December 2, 1985
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the final plat of La
Vista Estates No. 2 be and the same is
hereby approved, and the Mayor and Cf-
ty Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said final
plat.
Passed. adopted and approved this
2nd day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Memhers Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending acceptance of Dodge St.
at Wacker Drive Traffic Signal and
Street Lighting Improvements,
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, Hammel, Khiesner,
Kronfeldt, Manning, Simon.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 401-85
WHEREAS, the contract for the
Dodge Street at Wacker Drive Traffic
Signal Improvements and Intersection
Lighting has been completed and the Cf-
ty Manager has examined the work and
filed his certificate stating that the same
has been completed according to the
terms of the contract, plans and
specifications and recommends its
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be
approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the IDOT and Street Const~ctinn Fund
in amount equal to the amount of his
contract, less any retained percentage
)rovided for therein.
Passed, adopted and approved this
2nd day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Simon.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 402-85
WHEREAS, the contract for the
Dodge Street at Wacker Drive Traffic
Signal Improvements and Intersection
Lighting has been completed and the Cf-
ty Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices
and inspection and all miseelIaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$71,100.04 and that said amount shall be
paid from the IDOT and Street Con-
struction Fund of the City of Dubuque,
Iowa.
Passed, approved and adopted, this
2nd day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Regular Session,____~December 2, 1985
597
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Simon.
Nays--None.
There being no further business, Coun-
cil Member Kronfeldt moved to adjourn.
Seconded by Council Member Hammel.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Simon.
Nays--None.
Meeting adjourned at 9:06 p.m.
Mary A. Davis
City Clerk
Approved __ __1986
Adopted _ __1986
Mayor
Council Members
ATTEST:
City Clerk
598 Special Session December 16, 1985
CITY COUNCIL
OFFICIAL
Special Session, December 16, 1985.
Council Met At 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindabl.
Mayor Brady read the call and stated
that service thereof had been duly mede
and this Meeting is called for the pur-
pose TO CONDUCT A PUBLIC
HEARING DESIGNATING AN
AREA AS A RESIDENTIAL PARK-
lNG PERMIT DISTRICT and acting
upon such other business which may
properly come before the Council.
Invocation was given by Rev. Robert
Miller, Pastor of the First Congrega-
tional Church.
PROCLAMATION: January 5-12,
1985 as "BOWLING WEEK" received
by Charlie Kutech.
Council Member Deich moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider vacating the alley between
Cedar and Sycamore Streets, from 14th
to 15th Streets, presented and read. No
written objections were received and no
oral objectors were present. Council
Member Kronfeldt moved that the
proof of publication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Haramel, Kluesner,
Kronfeldt, Manning, Simon.
N~s--None.
RESOLUTION N0.403-85
RESOLUTION APPROVING PLAT
OFAVACATEDALLEYBETWEEN
CEDAR ANDSYCAMORESTREETS,
FROM 14th to 15th STREETS.
WHEREAS, there has been presented
to the City Council of the City of Dubu-
que, Iowa a plat dated November 5,
1985 prepared by Shive Hattory
Engineers, Dubuque, Iowa describing a
vacated alley between Cedar and
Sycamore Streets, from 14th to 15th
Streets; and
WHEREAS, said plat conforms to the
laws and statutes pertaining thereto.
NOW, THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the plat dated
November 5, 1985 prepared by Shire
Hattery Engineers relative to the real
estate hereinabove described be and the
same is hereby approved, and that the
Mayor and City Clerk be and they are
hereby authorized and directed to ex-
ecute said plat for and on behalf of the
City of Dubuque, lowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
16th day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 82-85
AN ORDINANCE VACATING THE
ALLEY BETWEEN CEDAR AND
SYCAMORE STREETS, FROM 14TH
TO 15TH STREETS, said Ordinance
having been presented and read at the
Council Meeting of December 2, 1985,
presented for final adoption.
ORDINANCE NO. 82-85
(OFFICIAL PUBLICATION )
ORDINANCE NO. 82-85
Special Session, December 16, 1985
599
ORDINANCE VACATING THE
ALLEY BETWEEN CEDAR AND
SYCAMORE STREET, FROM 14th
TO 15th STREETS
WHEREAS, DuPaco Credit Union
at 1465 Sycamore Street is desirous of
vacating and purchasing the alley
between Cedar and Sycamore Street
from 14th to 15th Streets, for the pur-
pose of installing a drive-up facility on
the westerly side of their building;
and
WHEREAS, Shive Hattory Engi-
neers, Dubuque, Iowa, has prepared
and submitted to the City Council a
plat showing the vacated alley and
assigned lot numbers thereof, which
hereinafter shall be known and
described as "Lot 408A in East
Dubuque No. 2 Subdivision in
Dubuque, Dubuque County, Iowa";
and
WHEREAS, THE City Council of
the City of Dubuque, Iowa has deter-
mined that this alley between Cedar
and Sycamore Street, from 14th to
15th Street is no longer required for
public use and vacating of said alley
known as Lot 408A of the East
Dubuque No. 2 Subdivision in the City
of Dubuque, Dubuque County, Iowa
should be approved.
NOW, THEREFORE, BE IT
ORDAINED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the real estate
described as Lot 408A of East
Dubuque No.2 Subdivisi on
Dubuque, Dubuque County, Iowa be
and same is hereby vacated.
Section 2. That the City reserves
unto itself a perpetual easement
including the right of ingress and
egress thereto for the purpose of
repairing and maintaining existing
public utilities and reserving to pri-
vate uU~lity companies their right of
ingress and egress for the purpose of
maintaining their existing facilities.
Section 3. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent of disposal
of said real estate in a manner
described by law.
Section 4. That the conveyance of
Lot 408A of East Dubuque No. 2
Subdivision, City of Dubuque,
Dubuque County, Iowa to DuPaco
Credit Union be and in the same
hereby approved upon payment of
$4,128.00 plus cost of platting, publi-
cation and filing fees.
PASSED, APPROVED AND
ADOPTED this 16th day of Decem-
ber, 1985,
James E. Brady, Mayor
ATTEST:
Mm~y A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
December, 1985.
Mary A. Davis
City Clerk
Council Member Kronfaldt moved
£mal adoption of the Ordinance. Second-
ed by CounCil Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTIO~N NO. 404-85
WHEREAS, pursuant to resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion published in the City of Dubuque,
Iowa on the 6th day of December, 1985,
the City CounCil of the City of Dubuque,
Iowa met on the 16th day of December,
1985, at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque.
Dubuque County. Iowa to consider the
proposal for the sale of real estate
described as:
Lot 408A in East Dubuque #2 Sub-
division in the City of Dubuque, Dubu-
que County, Iowa to DuPaco Credit
Union; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to the
proposal to dispose of interest of the Ci-
ty of Dubuque, Iowa in the hereinabove
described real estate to DuPaco Credit
Union.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the disposal of the in-
terest of the City of Dubuque, Dubuque
County, Iowa in real property describ-
ed as Lot 408A in East Dubuque #2 Sub-
division, in the City of Dubuque, Dubu-
que County, Iowa to DuPaco Credit
Union be in and the same is hereby ap-
proved for the sum of Four Thousand
One Hundred Twenty Eight Dollars
($4,128.00}, plus cost of publication and
filing fees; conveyance shall be by Quit
Claim Deed, and that the conveyance
600
Special Session December 16, 1985
shall be subject to the conditions outlin-
ed in Ordinance No. 82-85 attached and
considered a part hereto.
Section 2. That the City of Dubuque
reserves unto itself the perpetual
easements including the right of ingress
and egress thereto for the purpose of
repairing and maintaining existing
public utilities and reserving to private
utilities their right of ingress and egress
for the purpose of maintaining their ex-
isting facilities.
Section 3. That the Mayor be
authorized and directed to execute a
copy of the Quit Claim Deed, and the Ci-
ty Clerk be and she is hereby directed
and authorized to deliver deed of con-
veyance conveying the above described
real estate to the abbve named party
upon receipt of the purchase price in full
Section 4. That the City Clerk be and
she is hereby authorized and directed to
record a certified copy of this resolution
in the office of the City Assessor, Dubu-
que County Recorder and the Dubuque
County Treasuren
Passed, approved and adopted this
16th day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kinesner,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
for the purpose of either rejecting a peri-
tion or adopting an Ordinance
designating an area as a Residential
Parking Permit District near the
University of Dubuque, presented and
read. No written objections were
received.
Jerry Pitz, 2164 Bennett, questioned
enforcement of Ordinance.
Wayne Norman of the University of
Dubuque, stressed the University's al-
firmatinn of Ordinance and stated they
had spent a great deal of money for ad-
ditional parking. 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 Deich, Hammal, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 83-85
AN ORDINANCE PROVIDING FOR
THE DESIGNATION OE A CERTAIN
AREA AS A RESIDENTIAL PARK-
ING PERMIT DISTRICT (ON THE
STREETS NEAR THE UNIVERSITY
OF DUBUQUE), presented and read.
Council Member Simon moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Simon moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfaidt, Manning, Simon.
Nays--None.
ORDINANCE NO. 83-85
(OFFICIAL PUBLICATION)
ORDINANCE NO: 83-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ENACTING A NEW SECTION 25-
370 THERETO PROVIDING FOR
THE DESIGNATION OF A CER-
TAIN AREA AS A RESIDENTIAL
PARKING PERMIT DISTRICT
WHEREAS, Sections 25-350 through
25-362 of the Code of Ordinances of
the City of Dubuque, Iowa empowers
thc City Council to establish a Resi-
dentiai Parking Permit District upon
receipt of a vaSd petition and the find-
ing of certain conditions; and
Special Session, December 16, 1985
601
WHEREAS, a valid petition has
been received to declare an area
described as fellows as a Residential
Parking Permit District between the
hours of 7:30 a.m. and 11:00 p.m. daily,
except Sundays and holidays.
From the intersection of Ida and
Grace, west on Grace to McCormick,
south on McCor~nick to Bennett, east
on Rennett to Algona, north on
Algo~m to Grace;
and
WHEREAS, the City Manager has
caused a pm. king study of the above
identified area to be conducted, and
which study has established that the
area meets the following criteria as
established in Section 25-352 of the
Code of Ordinances of the City of
Dubuque, Iowa:
1. At least 80% of the curbside park-
lng spaces in the proposed Parking
Pernfft District were utilized during
peak periods, and
2. At least 25% of the curbeide park-
i~g spaces in the proposed Parking
Permit District were utilized by non-
resident parkers;
and
WHEREAS, the City Manager
based upon the petition and the results
of the parking study recommends to
the City Council that the area be
designated as a Residential Parking
Permit District during the hours of
7:30 a.m. to 11:00 p.m. daily, except
Sundays and holidays; and
WHEREAS, the City Council pursu-
ant to public notice published on
December 6, 1985, in the Dubuque Tel-
egraph Herald, a newspaper of general
circulation, met in session on the 16th
day of December, 1985 at 7:30 p.m. in
the third floor auditorium of the Car-
negie Stout Public Library for the put-
po~ of bearing all interested persons
and representatives of organizations
and to consider any and all objections
which lmve been filed to the proposed
d~ignation of the above area as a Res-
idential parking Permit District during
the bouts of 7:30 a.m. to 11:00 p.m.
daily except Sundays and holidays;
and
WHEREAS, ali interested parties
have been given an opportunity to be
heard and all ohjections have been
duly considered.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COLIN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section l.That a petition contain-
lng the required number of signatures
and ~neeting the intent and purposes
of Section 25-350 through 25-362 of the
of Ordinances of the City of
Dubuque, Iowa has been received by
the City of Dubuque.
2.That any and all objec-
tions ia) the designation of the area as
a Residential Parking Permit District
during the hours of 7:30 a.m. to 11:00
p.m. dally except Sundays and holi-
days be and the same are overruled.
Section 3. That the recommenda-
tion of the City Manager based upon
the petition and ti~e parking study to
designate the area as a Residential
Parking Permit District during the
hours of 7:30 a.m. to 11:00 p.~n. dally
except Sundays and holidays is hereby
approved and accepted.
Section 4. That the Code of ordi-
nances of the City of Dubuque, Iowa
be amended by enacting a new Sec-
tion 25-370 as follows:
"Sec. 25-370. Residential Parking
Permit District"A"
(a) The following described area
constitutes a residential parking per-
mit district designated as Residential
parking Permit District "A":
Grace Street, from Ida Street to
McCormick Street; McCormick
Street, from Grace Street to Bennett
Street; Bennett Street, from McCor-
mick Street to Algona Street; and
Algona Street, from Bennett Street
to Grace Street.
(b) No vehicle shall park curbside
in Residential Parking Permit District
"A" during the hours of 7:30 a.m. to
11:00 p.m. daily except Sundays and
holidays without displaying a valid
Section 5. That the City Clerk is
hereby directed to mail to every dwell-
ing u~fft within the designated district
the documents prescribed by Section
25-354 of the Code of Ordinances of
the City of Dubuque, Iowa.
Passed, approved and adopted tiffs
16th day of December, t985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
~lerald newspaper this 20th day of
December, 1985.
Mary A. Davis
C~ty Clerk
Council Member Simon moved final
adoption of the Ordinance. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammai, Kinesner,
602
Special Session. December 16, 1985
K~ronfaldt, Manning, Simon.
Nays--None.
Heating on the Suspension of Class
"C" (Commercial) Liquor License for
MiNa, Inc. d/b/a J.W. Rumph's-Let the
record show that Jeff Nagle acknowledg-
ed ~eceipt of Hearlng notice on 12-6-85
Council Member Kronfeldt moved
that the Council approve a fourteen day
suspension of the liquor license of MiNa,
Inc. d/b/a J.W. Rumph's~ Seconded by
Council Member Klueaner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, I-Iammel, Klueener
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Planning and Zon-
ing Commission advising of the condi-
tional approval of reclassification from
AG Agricultural to PR Planned
Residential and the Conceptual Develop-
ment Plan for property located at south
end of Richards Road Extension,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
AN ORDINANCE Amending Zoning
Ordinance and Zoning Map by reclassi-
fying property at the south terminus of
Richards Road Extension from AG
"Agricultural District" to PR "Plann-
ed Residential District", presented and
read. Council Member Kluesner moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Khiesner,
Kronfaldt, Manning, Simon.
Nays--None.
Council Member Kluesner moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Kineanar moved that
a Public Hearing be held on the Or-
dinance on January 8, 1986 at 7:30 p.m.
in the Public Library Auditorium and
that the City Clerk publish notice in the
manner presecibed by law. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammal, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Discussion regarding combination of
the offices of City and County Assessors
AND Communication of Don Lochner
advising to leave the two offices as they
are presently, presented and read.
Consensus of opinion was to maintain
the offices separately (7-0). Council
Member Kronfaldt moved to receive and
file the communication of Don Lochner.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Petition of Zephyr Aluminum Pro-
ducts, Inc. requesting to purchase from
the City approximately two acres of land
immediately south of their Huff Street
property, presented and read.
Mr. A.J. Timmerman addressed the
Council on the petition.
Council Member Kluesner moved that
the petition be received and filed and
referred matter to the City Manager for
implementation and proper proceedings.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, HIammal, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
Special Session, D._~ecember 16, 1985
questing to authorize the expenditure of
$1200 to the Convention and Visitors
Bureau to assist in keeping the Tourist
Information Center open during the
winter season, presented and read.
Council Member Simon moved that the
communication be received and filed and
request approved. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayur Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 84-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 2-22 AND
2-48 THEREOF AND ENACTING
NEW SECTIONS 2-22 AND 2-48 IN
LIEU THEREOF RELATING TO THE
MEETING DATES AND RECON-
SIDERATION OF ACTIONS BY THE
CITY COUNCIL, presented and read.
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Kluesner moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 84-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTIONS 2-22 AND
2-48 THEREOF AND ENACTING
NEW SECTIONS 2-22 AND 2-48 IN
LIEU THEREOF RELATING TO
603
THE MEETING DATES AND
RECONSIDERATION OF ACTIONS
BY CITY COUNCIL.
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 2-22
thereof and enacting a new Section 2-
22 in lieu thereof as follows:
"Sec. 2-22. Meetings - Date.
Regular meetings of the council shall
be held on the first and third Men:
day of each month and special meet-
ings may be called from time to time
by the mayor or a majority of the
members of the council. When the
day fixed for any regular meeting of
the council falls, upon a day deaig-
hated as a legal or national holiday,
such mee%ing shall be held at the
same hour on the next succeeding
day not a holiday."
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Section 2-48
thereof and enacting a new Section 2-
48 in lieu thereof as follows:
"Sec. 2-48. Reconsideration of
Questions.
A motion to reconsider shall not be
entertained except at the same meet-
lng, or at the next succeeding regular
meeting after the meeting at which
the vote was taken and shall be made
only by a member who voted with
the prevailing side.".
PASSED, APPROVED AND
ADOPTED this 16th day of Decem-
ber, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
December, 1985.
Mary A. Davis
City Clerk
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kinesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
604 Special Session December 16, 1985
questing approval of payment of
$500,000 to Iowa DOT pursuant to
Resolution No. 225-82 pertaining to Ci-
ty participation in the A.Y. McDonald
Mfg. Co. relocation project and relocated
Highway 61 project, presented and read.
Council Member Kluesner moved that
the communication be received and
filed and request approved with pay-
ment to be made to the IA DOT in the
amount of $500,000. Seconded by Coun-
cil Member Kronfeldt. Carried by the
followlng vote:
Yeas--Mayor Brady, Council
Members Deich. Hammei, Kluesner,
Kronfeldt, Manning, Simon.
Nays--Council Member Hammel.
Abstain--Council Member Deich.
RESOLUTION NO. 405-85
WHEREAS, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper 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 applicants
a Beer Permit.
CLASS "C" BEER PERMIT
Molo Oil Company 9th and Central
Big 10 Mart (Also Sunday Sales)
Angel Investment Co. 2699 Rockdale Rd.
Casey's General Store (Also Sunday Sales)
Passed, adopted and approved this
i6th day of December 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 406-85
WHEREAS, applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, the premises to be oc-
cupied by such applicants were 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 "B" (HOTEL · MOTEL)
BEER AND LIQUOR LICENSE
Design Center~ Inc. 200 Main St.
Julien Molor Inn (Also Sunday Sales)
CLASS "C' (COMMERCIAL)
BEER AND LIQUOR LICENSE
New French Cafe, Inc. 259 West 6th St.
Joseph F, Blalle 2600 Central Ave.
David H. Hoffman 450 West Locust
Kachevas, Inc, 665 Dodge St.
(Also Sunday Sales)
Moracco, Inc. 1413 Rockdale Rd.
(Also Sunday Sales)
Nancy Pauly 951 Main St.
David A. Ungs 2987 Jackson St.
(Also Sunday Sales)
The Rib Tickler Inc. 1895 J.F. Kennedy
(Also Sunday Sales)
Billy Bucks, Inc. 521 E. 22nd St.
(Also Sunday Sales)
Passed, adopted and approved this
16th day of December 1985.
Jmnes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfaldt, Manning, Simon.
Nays--None.
Printed Council proceedings for the
month of Aqgust; 1985, presented for
Council approved: Council Member
Deich moved that the proceedings be
Special Session, December 16, 1985
6O5
approved as printed. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
MINUTES SUBMITTED: Dock
Comm. of 11-19; Historic Preservation
Comm. of 12-3; Planning and Zoning
Comm. of 11-20; Police & Fire Retire-
ment Board of 12-5; Zoning Board of Ad-
justment of 11-21 & 11-26; Park &
Recreation Comm. of 12-2, presented
and read, Council Member Deich mov-
ed that the minutes be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfaldt, Manning, Simon.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Douglas M. Brehm in amount
of $50.03 for car damages; Mike Firman
Ford in the amount of $131.60 for car
damages; Deborah Graf in unknown
amount for personal injuries; Roger E.
& Juanita A. Kremer in amount of
$244.20 for car d~unages; Gary Larson
in amount of $700 for personal injuries;
James E. Link in amount of $20 for
wrongful towing charges; Ronald
Neyens in amount of $11.98 for water
damages; Tom and Sue Shaffer as
parents of Brian Shaffer in an unknown
amount for personal injuries, presented
and read. Council Member Deich mov-
ed that the claims and suits be referred
to the Legal Staff for investigation and
report. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Halnmel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publicaU~on, certified to by the
Publisher, on Notice of Finding of No
Significant Effect on the Environment
for Community Development Project
AND Proof of publication, certified to
by the rublisher, on List of Claims for
month of October, 1985, presented and
read. Council Member Deich moved that
the proofs of publication be received and
filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing approval for publication of
Notice of Environmental Review Fin-
dings for Removal of Architectural Bar-
riers- City Hall, presented and read.
Council Member Deich moved that (~he
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Simon.
Nays--None,
RESOLUTION NO. 407-85
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF EN-
VIRONMENTAL REVIEW FINDING
FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECT.
WHEREAS, the City of Dubuque has
entered into a Grant Agreement for the
Calendar Year commencing January 1,
1985 with the U.S. Department of Hous-
lng and Urban Development, providing
for financial assistance to the City under
Title I of the Housing and Community
Development Act of 1974, as amended;
and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Development, an environmental review
has been processed for the project
hereinafter described to be financed with
Community Development Block Grant
funds; and
WHEREAS, an ad hoc Environmen-
tal Review Committee has after due con-
sideration made a determination that
the project is not a major Federal action
algnificantly affecting the quality of the
human environment.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk be and
606 Special Sessio~ December 16, 1985
she is hereby authorized and directed to
publish a Notice of finding of No Signifi-
cant Effect on the Environment for the
following identified projec~ and to make
the Environmental Review Record for
said project available for public inspec-
tio~ Such notice shall be in the form of
Exhibit "A " attached hereto and made
a part hereof
*Removal of Architectural barriers-
City Hall
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of January 6,
1986, autheri~ing the submission ora re-
quest to the U.S. Department of Hous-
lng and Community Development to
undertake the project.
Passed, approved and adopted this
16th day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dsich, Hammal, Kluasner,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Planning and Zen-
lng Commission approving final plat of
Lot 1 and Lot 2 of Edwards' Subdi,n'sion
(D. James & Patricia Edwards),
presented and read. Council Member
Deich moved that the communication be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronleldt, Manning, Simon.
Nays--None.
RESOLUTION 408-85
A RESOLUTION APPROVING THE
FINAL PLAT OF LOT 1 AND LOT 2
OF EDWARDS' SUBDIVISION IN
THE CITY OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of Lot i and
Lot 2 of Edwards' Subdivision in the Ci-
ty of Dubuque, Iowa; and
WHEREAS, said final plat has been
examined by the City Planning and Zen-
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 Lot
I and Lot 2 of Edwards' Subdivision in
the City of Dubuque, Iowa be and the
same is hereby approved, and the Ma2or
and City Clerk are hereby authorized
and directed to endorse the approval of
the City of Dubuque, Iowa upon said
final plat.
Passed, adopted and approved this
16th day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Dsich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the followlng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Planning and Zon-
ing Commission approving final plat of
Asbury Springs Subdivision No. 5
(Dubuque Bank and Trust and Pniilip
and Martha Powers), presented and
reed. Council Member Deich moved that
the communication be received and ill-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluasner,
Kronleldt, Manning, Simon.
Nays~None.
RESOLUTION NO. 409-85
A RESOLUTION APPROVING THE
Special Session, December 16, 1985
FINAL PLAT OF ASBURY SPRINGS
SUBDIVISION NO. 5 IN THE CITY
OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of Asbury
Springs Subdivision No. 5 in the City of
Dubuque. Iowa; and
WHEREAS, said Renal plat has been
examined by the City Planning and Zan-
ing Commission and had its approval en-
dorecd thereon; and
WHEREAS, said Renal plat has been
examined by the City Council, and the
City Council Rends that the same con-
forms to statutes and ordinances
relating thereto.
NOW,THEREFORE, BE IT
RESOLVED BY THE CI'J~/ COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the final plat of
Asbury Springs Subdivision No~ 5 in th~
City of Dubuque, Iowa be and the same
is hereby approved, and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said final
plat.
Passedl adopted and approved this
16th day of December.
james E. Brady
Mayor
A'ITEST:
Mary A. Davis
City Clerk
Council Member Dsich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dsich, Hammal, Kluasner.
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Gail Dias submit-
ting her msignstion f~om Human Righte
Comm. effective December 5, 1985,
presented and read.
Council Member Deich moved that
the communication be received and ~-
ed and accepted with regret. Seconded
by Council Masaber Klueoner. Carried
by the followln~ vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel. Klesoner,
607
Kronfaldt, Manning, Simon.
Nays--None.
Conummication of Lois Pusateri et al
objecting to public road fronting the
barn at Flora park having been closed
and barricaded to through traffic,
presented and read. Council Member
received and filed and matter referred to
the City Manager. Seconded by Coun-
cil Member Kluasonr. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich. Hammel, Kluesner,
Kronfoldt, Manning, Simon.
Nays--None.
proof of publlcatio~ cer tiBed te by the
Pubh'sher, on Notice of Intent to ~o a
request for release of Calendar Year
1986 Block Grant funds, presented and
read. Council Member Dsich moved that
the proof be received and filed. Second-
ed by Council Member Kluesne~. Corried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfoldt, Manning, Simon.
Nays--None.
Communtiation of City Manager
of construction contract for the
modifications to the Eogle Point Bridge
Pa 'vflion, presented and read. Council
Member Dsich moved that the com-
munleatinn be received and filed.
Seconded by Council Member Klue~ner.
Carried by the following vot~
Yeas--Mayor Brady, Council
Members Dsich, Hammal, Kluesner,
Kronleldt, Manning, Simon.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 410-85
VtrHEREAS, the contract for the
Eagle Point Park Bridge Pavilion has
be6n completed and the City Manager
has examined the work end filed hie cer'
completed aecording to tha t~ms of the
contract, plans and specifications and
NOW, THEREFORE, BE IT
608
Special Session December 16, 1985
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Revenue Sharing Fund in amount
equal to the amount of ins contract, less
any retained percentage provided for
therein.
Passed, adopted and approved tins
16th day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kinesner,
Kronfeldt, Manning, Simon.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 411-85
WHEREAS, the contract for the
Eagle Point Park Bridge Pavilion has
been completed and the City Engineer
has submitted his final estimate show-
lng the cost thereof including the cost
of estimates, notices and inspection and
all miscellaneous costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$33,766.55 and that said amount shall be
paid from the Revenue Sharing Fund of
the City of Dubuque, Iowa.
Passed, approved and adopted, this
16th day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesnar,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending acceptance of the 1985
Asphalt Paving Project, presented and
read. Counc'd Member Deich moved that
the communication be received and ill-
ed. Seconded by Council Member
Klueaner. carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfaldt, Manning, Simon.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 412-85
WHEREAS, the contract for the 1985
Asphalt Paving Project has been com-
pleted and the City Manager has ex-
amined the work and filed ins certificate
stating that the same has been com-
pleted according to the terms of the con-
tract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Road Use Tox Fund and General
Obligation Bonds in amount equal to the
amount of his contract, less any retain-
ed percentage provided for therein.
Passed, adopted and approved this
16th day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resalution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kinesner,
Kronfeldt, Manning, Simon.
Nays--None.
FINAL ESTIMATE
Special Session, D________~ecember 16, 1985
609
RESOLUTION NO. 413-85
WHEREAS, the contract for the 1985
Asphalt Paving Project has been com-
pleted and the City Engineer has sub-
mitted his final estimate showing the
cost thereof including the cost of
estimates, notices, inspection,
miscellaneous costs, and preparing the
assessment and plat.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque:
Section 1. That the cost of said im-
provement is hereby determined to be
$395,869.91~
Section 2. That $351,759.73 of the cost
thereof shall be assessable upon private
property and $544,110.18 shall be paid
from the Road Use Tax Fund and
General Obligation Bonds.
Passed, approved, and adopted this
16th day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kineaner. Carried by
the following vote:
Yeas--Mayor Brady, Council Members
Deich, Hammel, Kineaner, Kronfeldt,
Manning, Simon.
Nays--None.
RESOLUTION NO. 414-83
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR THE 1985 ASPHALT PAVING
PROJECT, INCLUDING CERTAIN
INFORMATION REQUIRED BY THE
CODE OF IOWA, SPECIFICALLY,
THE NUMBER OF ANNUAL IN-
STALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED, THE
INTEREST ON ALL UNPAID IN-
STALLMENTS, THE TIME WHEN
THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That after full consideration of the
final schedule of assessments and ac-
companying plat showing the
assessments proposed to be mede for the
construction of the 1985 Asphalt Pav-
ing Project under contract with Tschig-
gfrie Excavating of Dubuque, Iowa
winch final plat was fded in the office of
the City Clerk on the llth day of
December, 1985, that said schedule of
assessments be and the same is hereby
approved and adopted.
That there be, and is hereby assessed
and levied as a special tsx against and
upon each of the lots, the respective
sums indicated. Provided, further, that
the amounts shown in said final schedule
of assessments as deficiencies are found
to be proper and are levied conditional-
ly against the respective properties
benefitted by the improvements as
shown in the schedule, subject to the
provisions of Section 384.63, Code of
Iowa. said assessments against said lots
are hereby declared to be in proportion
to the special benefits conferred and not
in excess of twenty-five percent of the
~ Assessments of $50.00 of more are
] payable in 10 equal annual installments,
~ with interest on the unpaid balance, all
! as provided in Section 384.65, City Code
of Iowa. Conditional deficiency
~ssessments, if any, may be levied
against the applicable property for the
same period of years as the assessments
are made payable.
Assessments may be paid in full or in
part without interest at the office of the
County Treasurer, at any time within 30
days after the date of the first puinica-
tion of this notice of the filing of the final
plat and schedule of assessments with
the County Treasurer. Unless said
assessments are paid in full witinn said
thirty day period all unpaid assessments
will draw annual interest computed at
12 percent (commencing on the date of
acceptance of the work) computed to the
December 1st next following the due
dates of the respective installments.
Each installment will be delinquent on
September 30th following its due date
on July 1st in each year. Property
owners may elect to pay any annual in-
stallment semiannually in advance.
That the City Clerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said cer-
tification once each week for two con-
~ecutive weeks in the manner provided
n Section 362.3, the first publication of
which shail be not more than fifteen
Special Session, December 16, 1985 611
610
Special Session, December 16, 1985
days from the date of filing of the final schedule. The City Clerk shall also send
by certified mall to property owners whose proper~y is subject to assessment a
copy of said notice, and mailing to be on or before the date of the second publica-
~on of the nul~ce, all as provided and directed by Section 384.60 of the Code of Iowa
passed, adopted and approved this 16th day of December, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
CITY OF DUBUQUE, IOWA
SCHEDULE OF ASSESSMENTS
Special Assessment Fund No. 1328
CITY OF DUBUQUE
1985
ASPHALT PAVING pROjEcT
se shown on the attached sheets no. I to no. 11, inclusive.
For HILLCREST ROAD FROM J.F.K. ROAD TO KEYWAY DRIVE
KEY KNOLLS SUBDIVISION
9,018.84
96.95
7,464.95
110.06
27.04
59.53
4,190.59
All of which is assessed in proportion to special benefits conferred.
KANE STREET FROM THE SOUTH PROPERTY LINE OF PRIMROSE
STREET TO THE SOUTH PROPERTY LINE OF CHANEY ROAD
ST. MARY'S PLACE
Wahlert High School 14-1
SCENIC VIEW HGTS. NO. 2
Jerry P. & Linda M. Morgan 3, Block 2
4, Block 2
Anna Mae Egan 5, Block 2
Flexsteel Industry 6, Block 2
31,686.70
57.90
411.08
54.72
518.53
706.56
1,424.70
1,590,81
2,259.76
623.79
299.02
1,362.98
1,375.72
767.05
258.87
1,507.64
503,81
1,414.52
1,392.83
383.82
168.13
150.62
161.97
528.88
1,817.04
8,836.04
1,593.00
1,606.73
103.07
1,792.37
1,732.88
260.17
2,207.03
335.07
125.95
25.47
41.39
1,421.88
1,421.88
1,421.38
1,421.88
1,421.83
1,421.88
1,421.88
1,421.83
1,430.63
1,552.01
1,552.01
1,552.0I
612
Special Session, December 16, 1985
Roger C. & Barbara K. Bies 6
Walter K. & Ruby L. Bullard 7
Ronald J. & Deanna M. Kelley 8
WILLY PLACE
Orvol & Betty Jane Klinkenberll 2-2-1
Michael M. & Kimberly Ann Steve 1-1-2-1
Roginald C. & Ruth R. Nauman 2-1-2-1
MARYCREST SUBDIVISION
Da]it S. & D~lvinder Kawr Sahota 1, Block 5
John L. & Evolyn M. Oehrle 2, Blcck 5
1,552,01
1,569.92
1,697,86
2,396.09
1,801.72
2,332.32
488.48
142,67
70.04
1,891.86
1,891.86
1,837.74
2,571.76
2,671.76
429,69
621.75
290.30
2,057.40
1,928.87
2,057.40
2,393.47
2,319,62
1,918.32
9,218.77
2,015.42
336.67
1,336.92
1,264.89
1,496.49
2,494.16
46.56
77.60
77.60
1,600.96
2,494.16
1,429.24
110.03
3,123.71
2,427.50
1,069.49
Special Session, December 16, 1985
613
OLDS PLACE
614
Special Session, December 16, 1985
MARYCREST SUB BLOCK 3
E@in L~ & Bl~che L. Moy]e 1
Clara E. Cox 2
MARYCREST SUB BLOCK 7
Robert C. & V~rginia M. Bolond 1
Paul W. Ralchen 2
Armella H. Snyder 3
TOTAL CONSTRUCTION COST
All of which is assessed in proportion to special benefits conferred.
1,524.35
1,549.42
373.28
142.07
69.44
269,121.22
2,549 C.Y. Excavation, Unclassified @ 7.35 18,735.15
155 S.Y. Sodding @ 4.35 674.25
1,787.4 Ton A.C. Surface Course @ 41.65 74,445.21
3,557.1 Ton A.C. Binder Course ~ 41.65 148.153.21
976.4 Ton A.C. Leveling Course @ 42.70 41.692.28
1,885 Gal. Prime or Tack Coat @ 1.40 2,639.00
368.15 Ton Compacted graded SCone Base @ 7,65 2,816.35
1,813.8 L.F. Rock or Cone. Curb & Gutter Remove &
Replace @ 15.00 27,207.00
175.66 S.Y. 6" Driveway - Remove & Replace @ 32.85 5,770.43
21 Each Manholes. Rglse or Lower @ 190.00 3,990.00
12 Each Manholes, Ring & Cover @ 235.00 2.820.00
1&5~.59 RY. Pe~romat Fabric, Installed @ 1.85 34,292.69
343 L.F. Asphalt Sawing @ 1.40 478.80
643.57 S.F. 4" Sidewalk, Remove & Replace @ 2.85 1,834.17
50 L.F. Concrete Sawing @ 2.50 125.00
Lump Sum Extra Work Lump Sun, 1,397.05
TOTAL CONSTRUCTION COST $367.070.59
Less City Share 138,770.77
Assessable Shoe 228,299.82
Engineer[ng Expense 40,821.40
TOTAL ASSESSABLE 269,121.22
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
Mayor Brady and Council Member
Kluesner expressed appreciation to
outgoing Council Member William
Ho~mmel.
Maynard Wilhelm requested City en-
force clean sidewalk Ordinance.
There being no further business, Coun-
cfi Member Kronfcidt moved to adjourn.
Seconded by Council Member Manning.
Carried by the fallowing vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Khiesncr,
Kronfaldt, Manning, Simon.
Nays--None.
Meeting adjourned at 8:14 p.m.
Mary A. Davis
City Clerk
Approved 1986
Adopted
1986
Mayor
Council Members
ATTEST:
City Clerk
Special Session, December
CITY COUNCIL
OFFICIAL
Special Session, December 20, 1985.
Council Met At 5:10 P.M., Conference
Room "A", City Hall
Present: Mayor Brady, Council
Members Delch, Kinesner, Manning,
Simon, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindahl.
Absent: Council Members Hammal,
Kronfeldt.
Mayor Brady read the call and stated
that service thereof had been duly made
wad this Meeting is called for the pur-
pose TO CONDUCT A PUBLIC
HEARING AND CONSIDER A
RESOLUTION AUTHORIZING THE
ISSUANCE AND SALE BY VHi
CAPITAL RESOURCES GROUP OF
A SERIES OF ITS VARIABLE RATE
DEMAND HOSPITAL REVENUE
BONDS AND APPROVING THE EX-
ECUTION OF A JOINT POWER
AGREEMENT PURSUANT TO
IOWA CODE CHAPTER 28E.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on Intention to issue Variable rate De-
mand Hospital Capital Asset Revenue
Bonds, presented and read. There were
no written objections received and no
oral objectors present. Council Member
Kinesner 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 Dalch, Kluesner, Manning,
Simon.
Nays--None.
Absent--Council Members Hammel,
Kronfeldt.
RESOLUTION NO. 415-85
PUBLIC HEARING AND RESOLE-
TION AUTHORIZING THE IS-
SUANCE AND SALE BY VHi
CAPITAL RESOURCES GROUP OF A
SERIES OF ITS VARIABLE RATE
DEMAND HOSPITAL REVENUE
BONDS (VOLUNTARY HOSPITAL
COOPERATIVE ASSOCIATION OF
IOWA CAPITAL ASSET FINANCING
PROGRAM), SERIES 1985, AND AP-
PROVING THE EXECUTION OF A
20, 1985 615
JOINT POWERS AGREEMENT PUR-
SUANT TO IOWA CODE CHAPTER
28E.
WHEREAS, the City of Dubuque,
Iowa (the "Issuer") is a municipal cor-
~oratinn organized and existing under
the Constitution and laws of the State
of Iowa, and is authorized and em-
powered by Chapter 419 of the Code of
Iowa Ithe "Act"), to issue its revenue
bonds (the "Bonds") and use the pro-
ceeds from the sale of said Bonds to
defray all or a portion of the cost of ac-
quiring capital assets for use by valun-
tary nonprofit hospitals within its cot-
porate boundaries, for the purpose of
~roviding additional hospital and health
care facilities and services in the Issuer
which will add to the health and general
welfare of the residents of the Issuer;
and
WHEREAS, pursuant to Iowa Code
Chapter 28E, as amended, the Issuer
proposes to join together with other
cities and counties of the State of Iowa
and enter into a Joint Powers Agree-
ment (the "28 E Agreement") which will
create a legal entity to exercise some or
dl of the Issuer's powers on behalf of the
Issuer, including, but not limited to, the
power of the Issuer to issue the Bonds
under the Act, a copy of said 28E Agree-
ment being attached to this Resolution
as Exhibit "A' and incorporated herein
by this reference; and
WHEREAS, the Issuer proposes to
enter into the 28E Agreement for the
mrpose of forming and participating in
an Iowa nonprofit corporation establish-
ed under Iowa Code 504A, as an~ended,
to be known as VHi Capital Resources
Group (the "Corpor atinn")which shall be
empowered to issue multiple series of its
Variable Rate Demand Hospital
Revenue Bonds (Voluntary Hospital
Cooperative Association of Iowa Capital
ksset Financing Program) (the "Cor-
poration Bonds"} as part of a common
plan of financing pursuant to which the
Corporation will issue its Corporation
Bonds on behalf of all of the cities and
counties which are parties to the 28E
Agreement for the aforesaid purposes;
and
WHEREAS, a notice of hearing on
the proposal by the Corporation to issue
one series of its Corporation Bonds in
the aggregate principal amount not to
exceed $3,000,000.00 for the purposes of
financing certain capital assets for
616 Special Sessior December 20, 1985
Finley Hospital, Dubuque, Iowa (the
"Borrower") has been published as re-
quired by law; and
WHEREAS, a public hearing has
been held at the time and place as
specified in said notice of hearing and
any and all objections or other com-
ments relating to such series of Corpora-
tion Bonds have been heard and it is
deemed to be in the best interests of the
Issuer that said series of Corporation
Bonds be issued as proposed; and
NOW, THEREFORE, Be It Resolv-
ed by the City Council of the Issuer as
follows:
Section 1. That it is hereby determin-
ed that it is necessary and advisable that
the Corporation proceed with the is-
suance of its Corporation Bonds in an
amount not to exceed $3,000,000.00 as
authorized and permitted by the Act and
Chapter 28E, and to use the proceeds of
the sale of the Bonds to finance the ac-
quisiffon of certain capital assets for the
Borrower all upon terms and conditions
mutually satisfactory to the Corporation
and the Borrower.
Section 2. That at the public hearing
conducted by this C~ty Counci~ in acco~
dance with the provisions of Section
419.9 of the Act and Section 103 (k) of
the Internal Revenue Code of 1954, as
amended, pursuant to published notice,
all persons who appeared were given an
opportunity to express their views for
or against the proposal to issue its Cop
poration Bonds.
Section 3. That the Mayor and the C~-
ty Clerk are hereby authorized and
directed to execute, attest, seal and
deliver the 28E Agreement in the form
attached hereto as Exhibit "A " and the
Indemnification Agreement attached
thereto, with such modifications as the
City Attorney, the Mayor and the City
Clerk shall approve, and to do all things
and perform all acts to carry out the in-
tent and purpose of the 28 E Agreement.
Section 4. That said Corporation
Bonds, if issued, and the interest
thereor~ will be payable solely out of the
revenues derived from the Borrower and
shall never constitute an indebtedness
of the Issuer within the meaning of any
state consitutlonal provision or
statutory limitation, and shah not con-
stitute nor give rise to a pecuniary
liability of said Issuer or a charge
against its general credit or taxing
Section 5. All Resolutions and Orders
or parts thereof, in conflict herewith are,
to the extent of such conflict, hereby
repealed and this Resolution shall be in
full force and effect immediately upon
its adoption.
Adopted and approved December 20,
1985.
City of Dubuque, Iowa
Jmnes E. Brady
(Seal) Mayor
kTTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Manning. Corried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Manning,
Simon.
Nays--None.
Absent--Council Members Hammel,
Kronfeldt.
There being no further business, Coun-
cil Member Kluesner moved to adjorn.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Manning,
Simon.
Nays--None.
Absent--Council Members Hammel,
Kronfeldt.
Meeting adjourned 5:i3 p.m.
Mary A. Davis
City Clerk
Approved _1986
Adopted __ 1986
Mayor
Special Session, D____.__~ecember 20, 1985
Council Members
ATTEST:
City Clerk
617