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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