1983 November Council ProceedingsRegular Sessior November 7,1983 375
374
CITY COUNCIL
OFFICIAL
Regular Session. November 7, 1983.
Council Met at 7:30 o'clock p.m., in
the City Hail Councd Chambers.
Present--Mayor Brady, Council
Members Beurskens. Delch, Hammel.
Klauer, Kluesner. Kronfeldt. City
Manager W. Kenneth Gearhart. Cot-
potation Counsel William G. Blum.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
Regular Monthly Meeting of the City
Council called for the purpose to act
upon such business which may proper-
ly come before the Council.
Invocation was given by Father
Paul Steimel. Pastor of St. Mary's
Catholic Church.
Council Member Klaner moved to
suspend the rules to let anyone pr~
sent address the Council if they so
desire. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskans, Dsich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on Notice of Pendency of
Resolution of Necessity for the Con-
verting of Existing Bleachers to Elec-
trical Operation, presented and read,
There were no objections received and
no oral objeCtors present at the time of
the Hearing.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
{Necessity for Improvement)
RESOLUTION NO. 245-83
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
Converting Existing bleachers to
BE IT FURTHER RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
haprovement, they shall be deemed to
have waived ail objections thereto.
Said improvement shail be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
~rom Revenue Sharing Funds.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 3rd day of Oc-
tober. 1983.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Karen M, Chesterman
Deputy City Clerk
Record of Final Adoption
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 7th day of
November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved final
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Decision of Council Upon Objections
To Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 261-83
WHEREAS, proposed plans and
specifications and form of contract for
Converting Existing Bleachere to
Electrical Operation have been ap-
proved by the City Council of the City
of Dubuque and public notice given as
376
Regular Session, November 7,1983
provided by the Code of Iowa pertain-
ing to public contracts and bonds, and
the time and place fixed for the hear-
lng of all objections to said plans,
specifications or contract for or cost of
such improvements, said time being
this 7th day of November, 1983; and
WHEREAS, the City Council met in
regular session this 7th day of
November, 1983, at 7:30 p.m. at the Ci-
ty Council Chambers at City Hall for
the purpose of hearing all interested
parties and considering any and all ob-
jections which have been filed to the
proposed plans, specifications or con-
tract for or cost of the improvement
herein described and proposed to be
made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
rlad by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Klaner~ Kluesner, Kronfeldt.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 262-83
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 245-83 which was duly
tossed by this Council for Converting
Existing Bleachers to Electrical
Operation be and the same are hereby
ordered and constructed by this Coun-
cil upon its own motion and with or
without the petition of property
owners. All the work shall be con-
structed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
;hat the cost and expense of the said
improvement be paid from Revenue
Sharing Funds.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
~TTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khieener, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tors of the receipt of proposals for
above, and Communication of City
Manager recommending to award con-
tract for above to American Seating
Co., presented and read.
Council Member Klauer moved that
the proof of publication and the com-
munication of the Manager be received
and filed. Seconded by Council
Member Beurskens~ Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klaner, Khiesner, Kronfeldt.
Nays--NOne.
(Awarding Contract)
RESOLUTION NO. 263-83
WHEREAS, sealed proposals have
Regular Session
been submitted by contractors for the
Conversion of Existing Bleachers to
Electrlcal Operation for Five Flags
Civic Center pursuant to Resolution
No. 262-83 and notice to bidders
published in a newspaper published in
the City of Dubuque, Iowa on the 7th
day of October, 1983.
WHEREAS, said sealed proposals
were opened and read on the 27th day
of October, 1983 and it has been deter-
mined that the bid of American
Seating Company of 901 Broadway,
N.W., Grand Rapids, Michigan 49504
in the amount of $31,801.00 was the
lowest bid for the furnishing of all
labor and materials and performing
the work as provided for in the plans
and specifications. ~
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa that the
contractor for the above-mentinned
improvement be awarded to American
Seating Company and the Manager be
and is hereby directed to execute a
contract on behalf of the City of Dubu-
que for the complete performance of
the work.
BE IT FURTHER RESOLVED
that upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Kinuer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klaner, Khiesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to approve Preliminary
Development Plan for Campus Ira-
provements witMn the University of
Dubuque Institutional District
presented and read.
There were no written objections
received and no oral objectors present
November 7, 1983 377
~t the time set for the Hearing.
Council Member Kluesner moved
hat the proof of publication be receiv-
ed and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 56-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCES~ 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 AMENDING THE AP-
PROVED PRELIMINARY
DEVELOPMENT PLAN FOR CAM-
PUS IMPROVEMENTS WITHIN
THE UNIVERSITY OF DUBUQUE
INSTITUTIONAL DISTRICT, SAID
ORDINANCE HAVING BEEN
)resented and read at the Council
Meeting of October 17, 1983,
presented for final adoption.
ORDINANCE NO. 56-83
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 AMENDING THE
APPROVED PRELIMINARY
DEVELOPMENT PLAN FOR
~ AM P U S IMPROVEMENTS
WITHIN THE UNIVERSITY OF
DUBUQUE INSTITUTIONAL DIS-
TRICT.
WHEREAS, the Univ rsity of
Dubuque, as the institution, has by
Ordinance No. 14-83 received approval
of a preliminary Development Plan;
and
WHEREAS, the University of
Dubuque, has filed an amendment to
the approved Preliminary Develop-
ment Plan in compliance with provi-
sions of the Institutional District
regulations as set forth in Section 4-
118.6 of Article IV, of the Code of
Ordinances, Appendix A thereof, of the
City of Dubuque, Iowa; and
WHEREAS, the proposed amend-
ment to the approved Preliminary
Regular Sessior, November 7, 1983 379
378 Regular Session, November 7, 1983
Development Plan provides for the
campus improvements as per the
attached addendum; and
WHEREAS, the Planning and Zon-
ing Commission has held a public
hearing on the amendment to the
approved Preliminary Development
Plan pursuant to required published
notice; and
WHEREAS, the Planning and Zon-
ing Commission has approved the
amendinent to the approved Prelimi-
nary Development Plan having found
that said amendment conforms with
the review standards for Institutional
District Preliminary Development
Plans as set forth in Section 4-118.6.4
of Article IV of the Code of Ordi-
nances, Appendix A thereof, of the
City of Dubuque, Iowa; and
WHEREAS, the Planning and Zon-
i~,~g Commission has recommended the
concurrence of the City Council in
approval of said amendment; and
WHEREAS, the City Council bas
received the recommendation of the
Planning and Zoning Commission and
has held its own public hearing on said
amendment to the approved Preliml-
nary Development Plan; and
WHEREAS, the City Council has
approved the amendment to the
approved Preliii~aary Development
· Plan;
NOW, THEg FORE, HE 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 revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by adoption of an
amendment to the approved Prelimi-
nary Development Plan for the follow-
ing described property, to wit:
Lot I and Lot 2, both in Herbst
Subdivision; Lot 2 of Lot I of Lot 1,
Lot I of Lot I of Lot 1, Lot 2 of Lot
1, Lot 2 of Lot I of Lot 2, Lot i of
Lot I of Lot 2, Lot 2 of Lot 2, Lot 2
of Lot 1 of Lot 3, Lot I of Lot I of
Lot 3, Lot 2 of Lot 3, Lot 2 of Lot
16, Lot 1 of Lot 1
of LOt 16, Lot 2 of Lot I of Lot 16,
Lot 2 of Lot 17A, Lot 2 of Lot I of
LOt 17, Lot 2 of Lot 17 Lot I of Lot
2 of Lot 1 of Lot 17A, Lot I of Lot 1
of Lot 17A, Lot 4, Lot I of Lot 5, Lot
2 of Lot 5, Lot I of Lot 6, Lot 2 of
Lot 6, Lot 7, Lot 2 of Lot 2 of Lot 1
of Lot 17A, Lot 17B, Lot 15, Lot 14,
Lot 13, Lot 12, Lot 11, Lot 10, Lot 9,
Lot 8, an~l L, ot I of Lot I of Lot 17,
all in Reche s Subdivision No. 2; Lot
1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6,
Lot i of Lot 38, Lot i of Lot 37, Lot
1 of Lot 36, Lot 1 of Lot 1 of Lot 35,
Lot 2 of Lot 35, Lot 2 of Lot I of Lot
35, Lot 2 of Lot 36, Lot 2 of Lot 37,
Lot 2 of Lot 38, and Lot 1 of Lot A,
Lot 2 of Lot A, Lot 39, Lot I of
Lot 40, Lot 2 of Lot 40, Lot B, Lot
28, Lot 29, Lot 30, Lot 31, Lot 32, Lot
33, Lot 34, all in Reche's Subdivision;
Lot 2 of Lot 2 of Lot 14, the North ~/2
of Lot 1 of Lot 14, the North ~/2 of
the East 50 feet of the West 100 feet
of Lot 13, tbe North ¥2 of the West
50 feet of the West 100 feet of Lot 13,
the North 140 feet of the East 37.94
feet of Lot 13, the North 140 feet of
the West 12.06 feet of the West 62.06
feet of the West 118 feet of Lot 12,
the North l/~of the East 50 feet of
West 62.06 feet of West 118 feet of
Lot 12, the West 6 feet of North V~ of
Erst 56 feet of West 118 feet of Lot
12, East 50 feet of North ~/z of East
56 feet of West 118 feet of Lot 12, the
North 134 feet of North 168 feet of
East 19.88 feet of Lot 12, the North
134 feet of North 16~ feet of West
30.12 feet of West 80.12 feet of Lot
11, the North V~ of East 50 feet of
West 80.12 of Lot 11, North ~ of
East 57.82 feet of Lot 1L West 62.34
feet of North ~/~ of Lot 10, Lot 1 of
Lot 2 of Lot I of South V2 of Lot 10,
Lot 2 of Lot 2 of Lot 1 of South
~/~ of Lot 10, Lot 2 of East 75.6 feet of
North V~ of Lot 10, Lot 1 of Lot I of
Lot 1 of South ~/~ of Lot 10, Lot 2 of
Lot 1 of Lot 1 of the South V~ of Lot
10, South ~/z of East 57.82 feet of Lot
11, South ~/~ of East 50 feet of West
80.12 feet of Lot 11, South 34 feet of
North 168 feet of West 30.32 feet of
West 80.12 feet of Lot 11, South 100
feet of West 30.32 feet of West 80.12
feet of Lot 11, South 100 feet of East
19.88 feet of Lot 12, South 34 feet of
North 168 feet of Ea~t 19.88 feet of
Lot 12, East 50 feet of South ~/~ of
East 56 feet of West 118 feet of Lot
12, West 6 feet of South ¼ of, East 56
feet of West 118 feet of Lot 12, South
V2 of East 50 feet of West 62.06 feet
of West 118 feet of Lot 12, South 128
feet of West 12.06 feet of West 62.06
feet of West 118 feet of Lot 13, South
128 feet of East 37.94 feet of Lot 13,
South ~/~ of East 50 feet of West 100
feet of Lot 13, South ~/~ of West 50
feet of West 100 feet of Lot 13, South
~/~ of Lot 1 of Lot 14, Lot 2 of Lot 1
of Lot 2 of Lot 14, Lot I of Lot I of
Lot 2 of Lot 14, Lot i of Lot 1 of Lot
I of Lot 1 of Lot 18, Lot 2 of Lot 1 of
Lot 1 of Lot 18, Lot 2 of Lot I of Lot
1 of Lot 1 of Lot 18, Lot 2 of Lot 2 of
Lot 17, Lot I of Lot 2 of Lot 17, Lot
I of Lot 1 of Lot 17, Lot 2 of Lot i of
Lot 17, Lot I of Lot 2 of Lot I of Lot
15, Lot 2 of Lot 2 of Lot 1 of Lot 15,
Lot 2 of Lot 2 of Lot 16, Lot 1 of Lot
2 of Lot 16, Lot 2 of Lot I of Lot le
Lot 2 of Lot 1 of Lot 1 of Lot 15, Lot
i of Lot I of Lot 1 of Lot 15, Lot 2 of
Lot 15, Lot 1 of Lot 1 of Lot 16, all
in Ann O'Hare's Subdivision; Lot 1
and Lot 10, both in Kuehnle Heights;
Lot i of Lot 1 of Lot i of Lot 1, Lot
2 of Lot 1 of Lot 1 of Lot 1, Lot 2 of
Lot 1, all in Cain's Subdivision No. 2;
Lot 2 of Lot 71, Lot 2 of Lot 70, and
LOt 2 of Lot 64, all in Finley, Waples
and Burton Addition; Lot I of Lot 1
of Lot 2 of Mineral Lot 156; Lot 2 of
Lot 1 of Lot 2 of Mineral Lot 156
and Lot 1 of Lot 1 of Steffen's Place
all being in the City of Dubuque,
Section 2. That failure by the insti-
tutinn to file a Final Development
Plan with one (1) year of the effective
resubmission of a Preliminary Develop-
ment Plan subject to the reqdirements
of Section 4-118.6.3 of Article IV of
Appendix A of the Code of Ordinances
of the City of Dubuque, Iowa, also
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
PASSED, ADOPTED AND
APPROVED this 17th day of
November, 1983.
JAMES E. BRADY, MAYOR
ATTEST:
MARY A. DAVIS, CITY CLERK
Published officially in the Telegrah
Herald newspaper this 14th day of
November~ 1983~
Mary A. Davis
City Clerk
It 11/14
Council Member Kluesner moved
final adoption of the ~Ordinance.
Seconded by Council M~ber Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Klueener, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Consider
an Option Agreement between the Ci-
ty and Klauer Mfg. Co., presented and
read. There were no written objections
received and no oral objectors present
at the time of the Hearing.
Council Member Hammel moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nnys--None.
RESOLUTION NO. 264-83
Amendment to Option Agreement
Between the City of Dubuque and
Klauer Manufacturing Company
Whereas, pursuant to resolution and
published notice of time and place of
hearing published in the Telegraph
Herald, a newspaper of general circala-
tion, published on October 21, 1983, in
the City of Dubuque, Iowa, the City
Council of the City of Dubuque, Iowa
met on the 7th day of November, 1983
at 7:30 o'clock, P.M. in the City Coun-
cil Chambers in the City Hall, Dubu-
que, Iowa, to consider the proposal to
enter into an Amendment to Option
Agreement by and between the City of
Dubuque, Iowa, and Klauer Manufac-
turing Company on Lots 6 and 7 in
RiverFront Subdivision No. 5 in the
City of Dubuque, Iowa, and
WHEREAS, the City of Dubuque,
Iowa, and Klauer Manufacturing Com-
pany have mutually agreed to amend
the option agreement, heretofore
entered into, to extend the date of in-
itiation of construction from
September 13, 1984 to March 13, 1987,
and
WHEREAS, the City Council of the
City of Dubuque, Iowa, overruled any
and all objections, oral or written, to
the proposal to grant said amendment
to the option agreement.
-NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the proposal to enter
into an Amendment to Option Agree-
ment by and between the City of Dubu-
que, Iowa, and Klauer Manufacturing
Company, Dubuque, Iowa, concerning
Lots 6 and 7 all in Block 1, "Rive~
Front Subdivision No. 5"in the City of
Dubuque, Iowa which Amendment to
Option Agreement will extend the date
on which construction of the manufac-
turing facility must commence in good
faith from September 13, 1984 to
March 13, 1987, be and the same is
hereby approved under the terms and
conditions of said Amendmen~ copy of
which is hereto attached and made a
part hereof by reference.
380
Section 2. That the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to execute said
Amendment to Option Agreement for
and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the office of
the Dubuque County Recorder and the
office of the City Assessor.
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Daich, Hanunel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Petition of Glen Albert requesting to
address the Council regarding rep]ace-
ment of clay tile across the road on
Crescent Ridge, presented and read.
Mr. Albert spoke to the petition.
Council Member Kluesner moved
that the petition be received and filed
and referred to Staff. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
K]auer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing above petition be received
and filed and no response be made by
Staff at tMs time. Council Member
Kluesner moved that the communica-
tion be received and filed, Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Bearskene. Deich. Hammel,
Kinuer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
recommending final acceptance of
Liberty Ave. Sanitary Sewer Project
and submitting supporting
documents, presented and read.
Council Member Kinuer moved that
Regular Session, November 7, 1983
the communication be received and ffl-
ed. Seconded by Council Member
tammel. Carried by the following
rote: /
Yeas--Mayor~ Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt,
Nays--None.
(A Resolution Accepting
Improvement and Directing the Clerk
to Publish Notice)
RESOLUTION NO. 265-83
WHEREAS, the contract for the
Liberty Avenue Sanitary Sewer has
been completed and the City 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 specifice~
tions and recommends its acceptance,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the recommendation of the City
Manager be approved and that said
improvement be and the same is
hereby accepted and the City Engineer
be and is hereby directed to prepare a
plat and schedule showing the lots or
parcels of real estate subject to assess-
merit for said improvement and ffie the
same in the office of the City Clerk
subject to public inspection and said
Clerk shall upon receipt of such plat
and schedule publish the notice of the
Council's intention to levy special
assessments therefor, as required by
]aw.
BE IT RESOLVED, that the City
Treasurer be and he is hereby directed
to pay to the contractor from the
funds to be realized from the sale of
special assessment bonds issued upon
the above described improvement in
amount equal to the same of his con-
tract.
Passed. approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kinuer moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the fo]lowing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammai,
Regular Session
Klauer, Kluesner, Kronfeldt.
Nays--None.
Final Estimate
City of Dubuque, Iowa
RESOLUTION NO. 266-83
WHEREAS, the contract for the
Liberty Avenue Sanitary Sewer has
been completed and the City Engineer
has submitted his final estimate show-
ing the cost thereof including the cost
of estimates, notices, inspection, and
preparing the assessment and plan,
now therefore,
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE: that the cost of said improve-
ment is hereby determined to be
$57,149.93. That $38,252.47 ~of the
cost thereof shall be assessable upon
private property and 518,897.46 shall
be paid from the Sanitary Sewer Con-
struction Fund of the City of Dubu-
que, Iowa.
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khieener, Kronieldt.
Nays--None.
RESOLUTION NO. 267-83
Resolution Adopting the Final Assess-
ment Schedule for the Liberty Avenue
Sanitary Sewer, Including Certain In-
formation Required by the Code of
Iowa, Specifically, the Number of An-
nual Installments into which
Assessments are Divided, the Interest
on all Unpaid Installments, the Time
when the Assessments are Payable
and Directed the Clerk to Certify the
Finni 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 conaideration of
the final schedule of assessments and
accompanying plat showing the
assessments proposed to be made for
the construction of tho Liberty
Avenue Sanitary Sewer, under
November 7,1983 381
contract with Robert J. Schuite, Inc.
of Dubuque, Iowa, which final plat and
schedule was filed in the office of the
City Clerk on the 2nd day of
November, 1983, that said schedule of
assessments be and the same is hereby
approved and adopted.
That there be, and is hereby assess-
ed and levied as a special tax against
and upon each of the lots, the teepee-
rive sums indicated. Provided further,
that the amounts shown in said final
schedule of assessments as deficien-
cies are found to be proper and are
levied conditionally against the respec-
tive properties benefitted by the ira-
provements 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
value of same.
Said assessments shall be payable at
the Office of the County Treasurer of
Dubuque County, Iowa, and the same
may be paid there in full or in part and
without interest within thirty days
after the date of the first notice of the
final assessment schedule.
That unpaid assessments of $50.00
or more shall be payable in ten equal
annual installments and shall bear in-
terest at the rate of twelve percent per
annum from the date of the acceptance
of the improvements; the first install-
ment of each assessment, or total
amount thereof flit is less than $50.00,
with interest on the whole assessment
from tho date of acceptance of the
work by tho Council, shall become due
and payable on July 1, 1984; suc-
ceeding annual installments, with in-
terest on the whole unpaid amount,
shah respectively become due on July
1st annually thereafter, and shall be
paid at the same time and in the same
manner as the September semi-annuai
payment or ordinary taxes.
That tho City Clerk bo and is hereby
directed to certify said final plat and
schedule to the County Treasurer of
Dubuque County, Iowa, and to publish
notice of said certification once each
week for two consecutive weeks in the
manner provided in Section 362.3, the
first publication of which shall be not
more than fifteen days from the date
of filing of the final schedule. The City
Clerk shall also send by certified mail
to property owners wlibso property is
subject to assessment a copy of said
notice, and mailing to be on or before
the date of tho second publication of
382
Regular Session, November 7, 1983
the notice, all as provided and d~rected
by Section 384.60 of the Coda of Iowa.
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor <
ATTEST:
Mary A. Davis
City Clerk
OWNER
James W. &
Judith M. Lange
James W. &
Judith M.
Lange
Hazel Wandin -
Con~ Ke~th J. &
Nancy Anglln W¥2-5
Hazel Wandin -
Cont~ K~th J. &
Nancy Anglln 6
Gordon W. &
Dorothy Olson 7
Gordon W. &
Dorothy Olson 8
George F. &
Adele V. Utzig 9
George F. &
Adele V. Uteig 10
George F. &
Adele V. Utzig 11
Company 1-1-13
Company 2-13
Arthur H. &
Patricia A.
Freihoefer 2-1-13
Doris M.
Remington 1-2-1-1-1-1-16
Robert M. &
Joan M.
Gansemer 2.2-1-1-1-1-16
Elmer & Anne
L. Pickal 2-2-1-16
Mary L.
McCarten 1-1-2-1-16
Merlin & Thelma
Sclmmp Cent:
Millard R.
Engalkins 2-1-2-1-16
Greg Sharkey 1-1-2-1-1-16
Greg Sharkey 2-1-2-1-1-16
2-1-1-1-1-2-1-3-1-
1-1-1 & 2-1-1
ML 324
Gladys &
Walter Henry
CITY OF DUBUQUE, IOWA
SCHEDULE OF ASSESSMENTS
For Liberty Avenue Sanitary Sewer
ESTIMATED
LOT LOCATION ASSESSMENT
Clark's
2-4 Subdivision 2,645.27
2-EV2-5 "
2,990.36
3,350.05
3,987.15
3,990.60
2,163.47
2,243.10
1,831.65
1,831.65
1,831.65
1,831.65
2,206.73
1,539.64
Regular Session, November 7, 1983
David J. & 1-1-1-1-1-2-1-3-1.
Jeanette M. 1-1-1 & 2-1-1 Clark's
Elliot ML 324 Subdivision 3,064.69
Arvid G. &
Margarete A. 2-1-2-1-3-1-1-1-1
Nelson & 2-1-1 ML 324 1,426.82
Gladys B. Gladys
(Husten) Peek Peek Place 1,317.99
TOTAL SPECIAL ASSESSMENTS
$38,252.47
All of which is assessed in proportion to special benefits conferred.
8" Vitrified
Tile Pipe 1311.95 L.F.
8"Ductile
Iron Pipe 122.95 L.F.
Concrete
Manhole Base,
Complete 13 No. of
Concrete Man-
hole Sidewall,
Complete 96.74 L.F.
Manhole Ring &
Cover, Complete 13 No. of
Drop Manhole i No. of
4" CIP
Laterals 65.5 L.F.
8" x 6" Wyes 11 No. of
Rock
Excavation 29.97 C.Y.
Bedding Stone 166.67 Tons
Asphalt Sawing 796 L.F.
3/4" Rolled
Stone Base 351 Tons
Limestone
Backfill 0 Tons
Asphalt Con-
c~ete Surface
Course 3/4"
Mix Size 103.85 Tons
Asphalt Con-
mete Binder
Course 3/4"
Mix Size 0 Tons
Prime or
·ack Coat 5 Gal.
Sodding 300 S.Y.
Seeding 2567.5 S.Y.
4" Plastic
Drain Tile 0 L.F.
Extra Work:
Fill Sand 73 T.L.
@ 13.50 = 17,711.33
@ 19.00 = 2,336.05
@ 200.00 = 2,600.00
50.00 = 4,837.00
165.00 = 2,145.00
175.00 --~ 175.00
15.00 -~ 982.50
30.00 = 330.00
48.00 = 1,438.56
7.00 = 1,166.90
0.25 = 199.00
6.25 ---- 2,193.75
3.25 = 0.00
@ 38,00 ---- 3,946.30
@ 38.00 = 0.00
1.40 = 7.00
1.75 = 525.00
0.30 ~ 770.25
@ 2.00 ---- 0.00
@ 40.00 ~- 2,920.00
383
384
Regular Session, November 7, 1983
Shrubs
1 L.S. @ 28.65 -- 28.65
Total Construction Cost $44,312.29
Engineering 12,756.23
Miscellaneous 81.41
Total Project Cost $57,149.93
Less City Share -18,897.46
Total Assessable Amt. $38,252.47
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing authorization to file applica-
tion for Calendar Year 1984 Communi-
ty Development Block Grant Funds,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 268-83
A Resolution Authorizing the Filing of
a Program Statement for a Communi-
ty Development Block Grant for the
City of Dubuque.
WHEREAS, the City of Dubuque is
entitled to participate in the Com-
munity Development Block Grant
Program authorized under the provi-
sions of Title I of the Housing and
Community Development Act of 1974
as amended; and
WHEREAS, the City of Dubuque
has been declared eligible for funding
in the approximate amount of $900.000
for Calendar year commencing
January 1, 1984; and
WHEREAS, the Community
Development Block Grant Statgment
has been developed so as to give max-
imum feasible priority to activities
which will benefit low and moderate
income persons and aid in the preven-
tion or elimination of slums and blight;
and
WHEREAS, the City of Dubuque
has provided the citizens of the com-
munity with opportunities to comment
on the Program Statement;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the filing of a Pro~
~ram Statement for participation in
the Community Development Block
Grant Program is hereby approved,
and the Mayor of the City of Dubuque
is hereby authorized and directed to
on behalf of the City of Dubuque.
Section 2. That the Director of the
Department of Community Develop-
ment is hereby authorized and directed
to submit in the required number of
copies, the executed Statement of In-
tent to the U.S. Department of Hous-
lng and Urban Development and other
appropriate agencies together with
such other documents evidencing the
approval and authorizing the execu-
tion and implementation of such State-
ment of lntent as may be required.
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council 'Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing authorization to release
funds for certain Community Develop-
ment Block Grant Projects, presented
md read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Regular Session
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 26~83
A Resolution Authorizing Submission
of a Request for Release of Funds for
Certain Community Development
Block Grant Projects.
WHEREAS, the City of Dubuque,
in conformance with the Environmen~
tal Review Procedures for the Com-
munity Development program, con-
vened an ad hoc committee on July 14,
1976 which completed an Environmen-
tel Assessment of the following ide~n-
tified project to be funded in the Com-
munity Development Block Grant:
Miscellaneous Public Improvements
including street, alley, curb repair
and replacement, lighting and sign-
age; and
WHEREAS, pursuant to Resolution
No. 246-76, adopted July 19, 1976
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the project above was
published on July 20, 1976, in the
Dubuque Telegraph Herald, a
newspaper of general circulation, and
provided for a public comment period
until 12:00 Noon, Monday, August 16,
1976, and notice of opportunity to
review the project was published on
September 27, 1983 in the Dubuque
Telegraph Herald and provided for a
public comment period until 12:00
Noon, November 4, 1983; and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
23, 1976 which completed an En~
vlronmental Assessment of the follow-
'lng projects to be funded in the Com-
munity Development Block Grant:
Residential Rehabilitation Loan and
Grant Program in Community D~
velopment Project Areas;
Emergency Home Repair in Com-
munity Development Project Areas;
Tool Lending Library sponsored by
Washington Tool Library, Inc., a
non-profit corporation; and
WHEREAS, pursuant to Resolution
No. 240-76 adopted July 6, 1976,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment' for the projects above was
published on July 7, 1976, in the Dubu-
November 7, 1983 385
que 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 September
27, 1983 in the Dubuque Telegraph
Herald and provided for a public com-
ment until 12:00 Noon, November 4,
1983; and
WHEREAS, the City of Dubuque
Convened an ad hoc committee on
June 12, 1978 which completed an Eh-
vironmental Assessment of the follow-
ing project to be funded in the Com-
munity 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 Environ-
ment" for the project above was
published June 20, 1978, in the Dubu-
que Telegraph Herald and provided for
a public comment period until 12:00
Noon, Friday, July 7, 1978, and notice
of opportunity to review the project
was published on September 27, 1983
in the Dubuque Telegraph Herald and
provided for a public comment period
tmtfl 12:00 Noon, November 4, 1983;
and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
11, 1980 which completed an En-
vironmental Assessment of the follow-
ing project to he funded in the Com~
munity 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 Environ-
ment'' for the project above was
published June 17, 1980, in the Dubu-
que Telegraph Herald and provided for
a public comment period until 12:00
Noon, Monday, July 7, 1980, and
not[ce of opportunity to review the
project was published on September
27, 1983 in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 Noon,
November 4, 1983; and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
15, 1982 which completed an Eh-
vlronmental Assessment of the follow-
ing project to be funded in the com-
munity Development Block Grant:
Industrial/Commercial Loan Par-
ticipation Old M~in Street Area: and
WHEREAS, pursuant to Resolution
No. 169-82 adopted June 21, 1982
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the project above was
publlahed June 21, 1982, in the Dubu-
que Telegraph Herald and provided
for a public comment period until
12:00 Noon, Friday, July 9, 1982, and
notice of opportunity to review the
project was published on September
27, 1983 in the Dubuque Telegraph
Herald and provided for a public com-
merit period until 12:00 Noon,
November 4, 1983; and
Regular Session, November 7, 1983
RESOLVED BY THE CITY COUN-
WHEREAS, the City of Dubuque
convened an ad hoc committee on July
30, 1982 which completed an En-
vironmental Assessment of the follow-
ing project to be funded in the Com-
munity Development Block Grant:
Economic Development/Land Ac-
quisition; and
WHEREAS, pursuant to Resolution
No. 203-82 adopted August 2, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the project above was
published August 4, 1982, in the
Dubuque Telegraph Herald and pro-
vided for a public comment period un-
til 12:00 Noon, Friday, August 20,
1982 and notice of opportunity to
review the project was published on
September 27, 1983 in the Dubuque
Telegraph Herald and provided for a
public comment period until 12:00
Noon, November 4, 1983; and
WHEREAS, Public Notice of a
"Finding of No Significant Effect on
the Environment" for the projects was
sent by regular marl to various federal
state and local public agencies and to
the local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
each a Public Notice; and
WHEREAS, any and all objections,
if any, to such proposals have been du-
ly considered; and
WHEREAS, it is the intent of the
City Council to authorize the submis-
sion of a request to the U.S. Depart-
merit of Housing and Urban Develop-
ment for the release of funds to carry
out the above-identified projects:
NOW THEREFORE, BE IT
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Environmental
Review Record for each of the projects
~hall continue to remain on file in the
Office of the City Clerk, where said
records may be examined and copied
by any interested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Devefop-
o~ent seven (7~ days after receipt from
HUD of approved application for
Calendar Year 1984 Block Grant funds.
a request for release offunde to unde~
take the said projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
responsible federal official under the
National Environmental Protection
Ac~ insofar as the provisions of the
said Act apply to the U.S. Department
of Housing and Urban Development's
responsibilities for review, decision-
making~ ~nd action assumed and
ried out by the City of Duhaque as to
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the federal courts if an action is
brought ~o enforce responsibilities in
decision-making and action
Section 5. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the ~n-
Section 6. That the City Clerk be and
she is hereby authorized and directed
to publish a public notic# for a Request
for Release of Funds and Certification
in the form o! Exhibit "g" attached
hereto and made a part hereof
Passed, approved and adopted this
7th day of November. 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
EXHIBIT A
Public Notice
Pursuant to the Environmental
Review Procedures for the Community
Regular Session
Development Block Grant Program,
the City of Dubuque intends to file a
request for a release of calendar year
1984 Block Grant Funds.
1. Miscellaneous Public Im-
provements including street, alley,
curb repair and replacement, lighting
and signage;
2. Residential Rehabilitation Loan
Program in Community Development
project areas;
3. Emergency Home Repair in Com-
munity Development project areas;
4. Tool Lending Library sponsored
by Washington Tool Library, Inc., a
non-profit corporation;
5. Operation Paintbrush;
6. Housing Code Enforcement,
7. Commercia]/Industtial Loan Par-
ticipation;
8. Economic Development/Land Ac-
quisition;
The City of Dubuque has made an
Environmental Review Record for the
projects, and has placed records on file
in the Office of the City Clerk in City
Hall, 13th and Central Avenue, Dubu-
que, Iowa, where said records may be
examined and copied between the
hours of 8:00 a.m. and 5:00 p.m., Men-
day through Friday until 5:00 p.m. on
the first day of December.
The name of the Applicant is the Ci-
ty of Dubuque, Iowa, and the Chief
Executive Officer of the Applicant is
Mayor James E. Brady. The mailing
address for both the Applicant and the
Chief Executive Officer is City Hall,
13th and Central Avenue, Dubuque,
Iowa 52001.
The City of Dubuque will undertake
the projects described above with
Block Grant Funds from the U.S.
Department of Housing and Urban
Development (HUD), un~ier Title I of
the Housing and Community Develop-
ment Act of 1974. The City of Dubu-
que is certifying to HUD that the City
of Dubuque and James E. Brady, in
his official capacity as Mayor, consent
to accept the jurisdiction of federal
courts if an action is brought to en-
force responsibilities in relation to en-
vironmental reviews, decision-making,
and action; and that these respon-
sibilitles have been satisfied. Tho legal
effect of the certification is that upon
its approval, the City of Dubuque may
use the Block Grant Funds and HUD
will have satisfied its responsibilities
November 7, 1983 387
under the National Environmental
Policy Act of t969 as amended. HUD
will accept an objection to its approval
of the release of funds and acceptance
of the certification only if it is on one of
the following basis:
{a) That the certification was not in
fact executed by the Chief Executive
Officer or other Officer of Applicant
approved by HUD; or
(b) That Applicant's Environmental
Review Record for the project in-
dicates omission of a required decision,
finding or step applicable to the pro-
ject in the Environmental Review pro-
cess. Objections must be prepared and
submitted in accordance with the re~
quired procedure (24 CFR, Part 58),
and may be addressed to HUD at the
Omaha Area Office, Braiker/Brandeis
Building, 210 South 16th Street,
Omaha, NE 68102! Objections to the
release of funds on basis other than
those stated above will not be con-
sidered by HUD. No objections receiv-
ed after the 15th day of December,
1983 will be considered by HUD.
Comments may be submitted to the
City of Dubuque until 12:00 noon,
Thursday, December 1, 1983, address-
ed to James E. Brady, Mayor of the
ty of Dubuque, City Hall, 13th and
Central Avenue, Dubuque, IA 52001.
Dated and published November 9,
1983.
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote;
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammci,
IClauer, K]uesnsr, Kronfcidt.
Nays--None.
Communication of City Manager
questing approval to file an Iowa Com-
munity-Deve~pment Loan Program
Application for~rea Residential Care
Project, presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Bearskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
388
Regular Session, November 7, 1983
RESOLUTION NO. 270-83
A Resolution Authorizing the Filing of
an lowa Community Development
Loan Program Application for Area
Residential C~re Relocation Project
WHEREAS. Area Residential Care
(ARC) owns and operates a facility for
vocational training and employment of
mentally and physically handicapped
individuals, which facility will be ac-
quired as right-of-way for the
Relocated Highway 61 project: and
WHEREAS. ARC has begun
negotiations for the purchase of pro-
perry to renovate and rehicate its
facility and has requested assistance
in financing this project: and
WHEREAS. the City has con-
sidered the ARC relocation project
and has determined that said project
will assist in the retention and expan-
sion of local emphiyment oppor-
tunities, in particular for mentally and
physically handicapped individuals:
and
WHEREAS~ the City of Dubuque is
eligible to apply for funding in the
amount of $250.000 from the Iowa
Community Development Loan Pro-
gram as defined in Division VIII of
Senate File 54E. Acts of the 70th
General Assembly; and
WHEREAS~ the City has available
and will match funds provided
through the Iowa Community
Development Loan Program with local
cash resources.
NOW. THEREFORE BE IT
RESOLVEE BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the filing of an ap-
plication for participation in the Iowa
Community Development Loan Pro-
gram is hereby approved, and the
Mayor of the City of Dubuque is
hereby authorized and directed to ex-
ecute the necessary documentation on
behalf of the City of Dubuque.
Section 2, That the City Manager is
hereby authorieed and directed to sub-
mit, in the ~qulred number of copies,
the executed application to the State of
lowa Office for Planning and Program-
ming and other appropriate agencies
together with such other documents
evidencing the approval and authoriz.
lag the execution and implementation
of such application as may be required,
Passed. approved and adopted this
7th day of November. 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Kinesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Bearskens, Deich, Hammci,
Klauer Kluesner. Kronfeldt.
Nays--None.
Communication of City Manager re-
questing approval to file an Iowa Com-
munity Devehipmem Loan Program
Application for Airport Office
Building Construction. presented and
read.
Council Member Kinesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens. Deich, Bammel.
Klauer. Khieener, Kronfeldt.
Nays--None.
RESOLUTION NO. 271-83
A Resolution Authorizing the Filing of
An Iowa Community Deveinpment
Loan Program Application for the
Dubuque Municipal Airport Office
Construction Project
WHEREAS, the City of Dubuque
Airport Commission has proposed a
project to construct new office space
and renovate existing office space at
Dubuque Municipal Airport: and
WHEREAS~ the City Council has
considered said project and has deter-
mined that it will contribute to the
economic development of the com-
munity, especlaily by the creation and
retention of employment oppor-
tunities: and
WHEREAS, the City of Dubuque is
eligible to apply for funding in the
amount of $200.000 from the Iowa
Community Development Loan Pro-
gram as defined in Division VIII of
Senate File 548, Acts of the 70th
General Assembly; and
WHEREAS, the City has available
Regular Session, November 7, 1983
389
and will match funds provided
through the Iowa Community
Development Loan Program with local
cash resources.
NOW. THEREFORE. SE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the filing of an ap-
plication for participation in the Iowa
Community Development Loan Pro-
gram ~s hereby approved, and the
Mayor of the City of Dubuque is
hereby authorized and directed to ex-
behalf of the City of Dubuque.
Section 2. That the City Manager is
hereby authorized and directed to sub-
mit. in the required number of copies,
the executed application to the State of
Iowa Office for Planning and Program-
m~ng and other appropriate agencies
together with such other documents
evidencing the approval and authoriz-
lng the execution and implementation
of such application as may be required.
Passed, approved and adopted this
7th day of November. 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
fled by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens. Deich. Hammci,
Klauer, Kluesner. Kronfeldt.
Nays--None.
Communication of FDL Foods. Inc.
requesting to install a buried 1¥~ inch
galvanized steel conduit within the
public right-of-way of East 16th St..
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens. Deich. Hammel.
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 57-83
AN ORDINANCE AUTHORIZING
FDL FOODS, INC. TO CONSTRUCT
ONE AND ONE HALF INCH
BURIED STEEL CONDUIT UNDER
EAST 16TH ST. NEAR HICKORY
ST., presented and read.
Council Member Hammel moved
that the reading just had be con~
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hammel moved
that the rnio requiring an Ordinance to
be presented and read at two meetings
~rior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady~ Council
Members Beurskons, Dcich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 57-83
AN ORDINANCE AUTHORIZING
FDL FOODS, INC. TO CONSTRUCT
ONE AND ONE-HALF INCH
BURIED STEEL CONDUIT
UNDER EAST SIXTEENTH
STREET NEAR HICKORY
STREET.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That FDL FOODS, Inc.
as owners of the premises known as
FDL FOODS, INC., Dubuque, Iowa,
and legally described as Block 2 and
Block b of Dubuque Packing Company
'Addition, be and they are hereby
granted the revocable permit and
authority to construct and m~intain a
one and one-half inch galvanized steel
conduit under East Sixteenth Street
near Hickory Street intersection under
the terms and conditions set forth in
this Ordinance.
Section 2. That such construction
shall be done i~ accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the ~upervlsion and direction of the
'City Manager, and in accordance with
all applicable state and federal laws
and regulations, and the Ordinances of
the City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
a) Assume any and all liability for
damages to perso~s or property
which may result from the existence,
location, histallati~n, construction or
390
Regular Session, November 7, 1983
] under accrue to FDL FOODS, INC.
maintenance of said conduit;
wixen this Ordinance has been adopted
b) Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for dam-
ages of any kind resulting from the
location, instalintion, existence, con-
struction or maintenance of said con-
duit sustained by any person or
per~ons, caused by accident or other-
wise to defend al its own expense and
on behalf of said City any claim
against the City of Dubuque atimng
out of the location, installation, exis-
tence, construction or maintenance of
said conduit and ~o pay reasonable
attorney fees therefore; and
c) Indemnify and hold the City of
Dubuque free and harmless from any
and all claims, loss. liability and
expense for death and/or injuries to
third persolm or damages to proper;y
of third persons, or for damage ~o
any property of the City of Dubuque
wifich may occur as a result of or in
connection with the location, instal-
lation, construction, maintenance
and repair of the facility, work or
improvement permitted herein.
Section 4. That the permtssion
herein granted is expressly conditioned
upon permittees' further agreement
that should the right and privilege
herein granted be rescinded or revoked
by the City Council. permittees, or
their successors in interest, as owners
of the abutting proper;y, shall within
ten (10) days after receipt of written
notice from the City Manager, so w
do, at their own expense, removed said
conduit and in the event of their fail-
me so to do, the City of Dubuque shall
be authorized ;o remove said conduit
at permittees' expense and dispose of
the same, and the permittee shall have
no claim against the City or its agents
for damages resulting from the removal
of said conduit.
Section g. That permittees convert-
ant and agree that the revocable per-
mit herein granted does not constitute
an approval of the design, erection,
location, construction, repair or main-
tenance of said facility and said per-
mittees hereby convenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death, per-
sonal inuries and/or property damage
against the permittees arising out of or
in any way connected with the loca-
tion, installation, construction, design,
repair and maintenance of the facil-
ity herein permitted.
Section 6, This Ordinance shall
become effective and the tights here-
by the City Council and the ~erms and
conditions thereof accepted by petrol-
;ecs by accep;ance endorsed on this
Ordinance.
Section 7. That the City Clerk be
and he is authorized and directed ;o
file a; permittees' expense a copy of
this Ordinance in the office of the
Recorder in and for Dubuque County,
Iowa.
Passed. approved and adopted this
7th clay of NovembeL 1983.
JAMES E. BRADY. MAYOR
ATTEST:
MARY A. DAVIS. CITY CLERK
ACCEPTANCE OF ORDINANCE
NO. 57-83
The undersigned having read and
being familiar with the ~erms and con-
ditions of Ordinance No. 57-83 hereby,
for themselves, their successors or
assigns, as owners of the abuttin~ prop-
er~y, accept the same and agree ;o be
bound by the conditions and agree-
raen;s therein contained ;o be per-
formed by permittees.
Dated November 4. 1983'
BY: Robert F. Urell
Vice-President
BY: Charles R. Naylor. Jr.
Secretary
Published officially in the Telegraph
Herald newspaper this 14th day of
November, 1983. Mary A. Davis
It 11/14 City Clerk
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich. Hammel.
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 58-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 11~A-31
THROUGH ll~A.51 COMPRISING
DIVISIONS I AND 2 OF ARTICLE
II THEREOF PROVIDING FOR
THE DISSOLUTION OF THE
REHABILITATION COMMISSION,
presented and read.
Council Member Klauer moved that
the reading just had be considered the
first r eadln~ of the Ordinance. Second-
ed by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Regular Session November 7, 1983 391
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Klauer 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 Kinesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hannnel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 5~83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 11¥~-31
THROUGH 11½-51 COMPRISI~G
DIVISIONS i AND 2 OF ARTICLE
II THEREOF PROVIDING FOR
THE DISSOLUTION OF THE
REHABILITATION COMMISSION
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Sections ll'A-
31 through llV~-51 comprising Divisions
1 and 2 of Article II thereof.
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of
November, 1983.
Mary A. Davis
City Clerk
It 11/14
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Ddich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Verbal petition of Com~cil Member
Deich requesting discussion of break-
ing of confidentinllty on matters
discussed in Closed Sessions,
presented.
Council Member Deich spoke to the
petition.
Zella E. Mangeno d/b/a "The Bar"
requesting to transfer their Liquor Li-
cense from 1322 Central Ave. to 1399
Jackson St. effective Nov. 14, 1983,
presented and read.
Council Member Klauer moved that
the transfer be approved. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 272-83.
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a pern~t
to sell Cigarettes and Cigarette Papers
within said City.
Dwaine Bowman
Cue Master Billiards
841 Central Ave.
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 273-83
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 appfirante were in-
spected and found to comply with the
Ordhiances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
pllcants a Beer Permit.
CLASS "C" BEER PERMIT
Itartig Drug Co.
700 Main St.
392
Hartig Drug Co.
97 Locust St.
(Also Sunday Sales)
Hortig Drug Co.
2255 J. F. Kennedy Rd.
(ALSO Sunday Sales)
Hartig Drug Co.
2225 Central Ave.
(Also Sunday Sales)
Lucky Stores, Inc.
200 S. Locust St.
(Also Sunday Sales)
Nash Finch Company
190 J. F. Kennedy Rd,
(Also Sunday Sales)
Revco Discount Drug Centers of Iowa
3049 Asbury Road
(Also Sunday Sales)
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Careled
by the following vote:
Yeas--Mayor Erady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 274-83
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
Regular Session, November 7, 1983
(Also Sunday Sales)
Passed, approved and adopted this
7th day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel
Klauer, Khiesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 9~27, Cable Community Tele-
Programming Comm. of 9-29 & 10-11,
Cable TV Regulatory Comm. of 10-12.
C.D. Comm. of 10-11, Conference Bd.
of 10-6, Dock Corem. of 10-14 & 10-20,
Five Flags Comm. of 10-17, Housing
Code Appeals Bd. of 10-12, Housing
Comm. of 10-18, Human Rights Comm.
of 8-8, 9-12. & 10-10 and month of
April report, Park and Recreation
Comm. of 10-11, P & Z Comm. of 10-5
& 10-9, Transit Bd. Earnings Stat~-
~ent for month of September, 1983.
Zoning Bd. of Adjus~men~ of 10-6.
presented and read.
Council Member Klauer moved that
the minutes be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich. Hammci,
Klauec, Kluesner, Kronfeldt.
Nays--None.
WHEREAS, The premises to be oc- REFUNDS REQUESTED: Carol
cupied by such applicants were in- Fortman, $40 on unexpired Cigarette
spected and found to comply with the License; St. Patricks Church, $150 on
State Law and all City Ordinances unexpired Beer Permit, presented and
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Lowrie E. Smith
521 E. 22nd St.
(Alao Sunday Sales)
New Harbor Development Co., Inc.
Regle Point
read.
Council Member Klaner moved that
the refunds be approved and Finance
Director to issue proper checks.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens. Deich. Hammel,
Klauer, Khiesner. Kronfcidt.
Nays--None.
NOTICES OF CLAIMS~ Peter D.
Butler in est. amt. of $36.60 for car
damages; Lloyd M. Strelf in amt. of
$226.50 for property damages; George
Swan in amt. of $289.40 for car
Regular Sessior November 7,1983 393
damages; Michael Tully in est. amt. of
$78.40 for car damages; Western
Casualty and Surety Co. et al vs. City
of Dubuque for amounts paid on a set-
tlement, presented and read.
Council Member Klauer moved that
the claims be referred to the Legal
Staff for investigation and report.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Erady, Council
Members Beurskens, Deich, Hummel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communications of Legal Staff
recommending following claims be
closed: Howard Nickels, Frieda ~/Ic-
Connell, Herbert McClean, Rebec'ca
Morgan, Michael Remakci, Fred &
Leroy Schueller, Charles Smith and
Roger Sherman; AND Recommending
following claims be denied: Marie
Muoller, Tharsella Pins, Ed Murphy,
Helen Maker, Winifred Meggison,
Daniel J. McKornan, Thomas O'Mara,
William O'Donnell, Barbara Quade,
Dale and Jean Bird, Don Waddick,
Norbert Steger, Michael Stone,
Madonna Sieler, Robert Stonakas,
Mary Sunset, Jerome Schroeder, Col-
leen Rupert & Mary Leary AND advis-
lng lawsuit of James L. Dietz vs.
Human Rights Commission et all has
been dismissed by Plaintiff, presented
and read.
Council Member Klauer moved that
the communication be received and fil-
ed and closing and denials be approv-
ed. Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Legal Staff advis-
ing of Mnilln vs. City et al has been
settled; and case of Petesch vs. City
has been settled at no cost to the City;
AND Legal Staff advising cases of
Thomas Bertjens and James R. Kemp
should be closed as cases have been
settled, presented and read.
Council Member Klauer moved that
the communications be received and
filed and approved. Seconded by Coun-
cil Member Kluesner. Carried by the
followln~ vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communications of Legal Staff
recommending SETTLEMENTS of
following claims: Mildred Frommelt in
amt. of $30.25; Gregory Howell in amt.
of $159.70; Verlandra Lenton in amt.
of $29.99; Michael McMahon in amt of
$124.80; Fred Schubert in amt. of
$105.10; Milton Bergman, Ad-
ministrator of estate of Dorenda
Bergman, in amt. of $1,666.33,
presented and read.
Council Member K~auec moved that
the settlements be approved and
Finance Director directed to issue pro-
per checks. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammci,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Finding of
No Significant Effect on the Environ-
ment for Community Development
projects AND Proof of publication,
certified to by the Publisher of List of
claims for month of September, 1983,
presented and read.
Council Member Klaner moved that
the proofs of publication be received
and filed. Seconded by Council
Member Khiesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting reports of the Finance
Director and Deputy Finance Director
for the month of September, 1983,
presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfcidt.
Nays--None.
394
Regular Session, November 7, 1983
CITY OF DUBUQUE MUNICIPAL PRIMARY
OCTOBER 18, 1983
Canvassed October 20, 1983
State of Iowa)
ss
Dubuque County)
We, the undersigned members of the Board of Supervisors, acting as a Board
of Canvassers for the County of Dubuque, do hereby certify that the following is
a true and correct abstract of the votes cast for each of the City Council
Members-at-Large candidates in the City of Dubuque Primary Election held on
October 18, 1983, as listed and enumerated herein below by precinct, and for each
of the Fourth Ward Council candidates, as listed and enumerated herein below
by precinct within that Ward.
THOMAS J. JOHN P. BARBARA A. TOTAL
TOTAL 1148 1400 2670 5245
WARD FOUR
BRENDA M. ARTHUR M. EVA F, RHONDA M. MARK S.
PRECINCT BERNAL BOARDMAN KENNEALLY KRONFELDT LUCAS
TOTAL 227 142 120 0iS 127
We, the undersigned members of the Board of Supervisors of Dubuque Conn-
ty, Iowa, and ex officio Board of Canvassers for said County, do hereby certify
that the two At-Large candidates and the two Fourth Ward candidates receiving
the highest number of votes in the October 18, 1983 Primary to the extent of
twice the number of unfilled positions, as per sections 376.7 and 876.8, Iowa
Code, 1983, are declared nominated and to be placed upon the ballot for the
regular Municipal General Election, November 8, 1983, to wit:
At Large: John P. Klauer, Barbara A. Manning
Fourth Ward: Brenda M. Bernal, Rhonda M. Kronfsidt.
Dated this 20th day of October, 1983.
Wilfred Bald-Chalrperean Lloyd C. Hayes-Member Donna L. Smith-Member
ATTEST:
Terrence J. Hirsch, County Auditor
and Commissioner of Elections
Council Member Klauer moved that
the canvass be received and filed and
made a matter of record. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel
Klauer, Klaesner, Kronfeldt.
Nays--None.
Communications of E. A. "Sandy"
Sanderson and Richard Sullivan sub-
mitring their resignations from the
Board of Dock Conunissioners, and
Robert G. Steichen submitting~his
resignation from the Plumbing Boal-d,
presented and read.
Council Member Klauer moved that
the communications be received and
filed and resignations accepted with
regret. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hanunel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of the City Assessor
submitting stipulation of settlement
of appeal to the District Court on pre-
perry owned by Bradley Limited,
presented and read,
Council Member KIREer moved that
the communication be received and ill-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, DCIch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
~ Communications of Iowa D.O.T. ad-
vising Chicago & North Western
Transportation Co. has filed before the
Interstate Commerce Commission a
proposal to acquire the Chicago,
Milwaukee, St. Paul & Pacific Railroad
Co., presented and read.
Council Member Klauer moved that
the communication be received and ill-
ed. Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Dsich, Hammel,
Klauer, Kluesner, Kronfsidt.
Nays--None.
, November 7, 1983 395
Communication of City Manager
reporting on the status of proposals
for commercial recreation offering for
Chaplain Schroitt Memorial Island,
presented and read.
Council Member Klauer moved that
the communication be received and ill-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Cedar Rapids
Television Co. submitting "Request
for Extension of Time" and
"Response" to Federal Commuhica-
tions Commission regarding pro-
ceedings by KDUB-TV, Inc.,
presented and read.
Council Member Klauer moved that
the communication be received and ill-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Dsich, Hammel,
Klauer, Kluesner, Kronfsidt.
Nays--None.
Petition of Shula and Richard Soren-
son requesting an answer from City
Council and Mr. Barry Lindahl reger-
ding letter of Sept. 18, 1983, presented
and read.
Council Member Klauer moved that
the petition be received and filed and
referred to Legal. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Dsich, Hammsi,
Klauer, Kluesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Hammel. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Dsich, Hammal,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved__ 1984
Adopted 1984
396
Regular Session~ November 7, 1983
Mayor
Council Members
ATTEST:
City Clerk
Special Session November 21, 1983 397
CITY COUNCIL
OFFICIAl.
Special Session, November 21, 1983.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt, City
Manager W. Kenneth Gearhart. Cor-
poration Counsel William G. Bhim.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to consider a Resolu-
tion authorizing the issuance and sale
of Industrial Development Revenue
Bonds (Wm. C. Brown Co. Publisl~ers
Project) in principal amount of
$2,500,000 and acting upon such other
business whicli may properly come
before the Council.
Invocation was given by Rev.
Gerald Melby, Pastor of St. Matthew's
Lutheran Church.
Proclamations: Nov. 27 thru Dec. 3
as "National Home Health Care
Week" Nov. 21 thru Nov. 27 as "Fatal-
ly Week" Nov. 28 as "AARP Day".
Communication of City Manager ad-
vising of needed change in recorded
security to comply with FDL Foods,
Inc. UDAG Grant Agreement,
presented and read.
Council Member Klauer moved that
the communication be received and ill-
ed. Seconded by Council Member
Bearskens. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, I-Iammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 275-83
A Resolution Declaring the Intent of
the City of Dubuque, Iowa, to Dispose
of Interests in Certoin Real Estate.
WHEREAS, FDL Foods, Inc.
ecuted and delivered a Real Estate
Mortgage to the City of Dubuque,
Iowa, in connection with UDAG Grant
Agreement, UDAG Grant Number
B-81-AA-19-0016(4), which Mortgage
was filed December 9, 1982, as Instru-
merit No. 6742-82; and
WHEREAS, FDL Foods, Inc. ex-
ecuted and delivered a Real Estate
Mortgage to Citicorp Industrial
Credit, Inc. filed May 18. 1983, as In-
strument No. 3295-83 in connection
with a working capital loan; and
WHEREAS, under UDAG Grant
Agreement, UDAG Grant Number
B-81-AA-19~0016(4), terms and condi-
tions, Exhibit E, III(4) (iv), the City of
Dubuque is to have position as fourth
Mortgagee, whereas, by order of recor-
dation, the City of Dubuque is now
third Mortgagee, senior and superior
to the mortgage interest of Citicorp
Industrial Credit, Inc. and; whereas,
the Intorcreditor Agreement specifies
the relative security interests of the
City of Dubuque, Iowa, and Citicorp
Industrial Credit, Inc., and execution
of said agreement on behalf of the City
of Dubuque is determined to be in the
public interest:
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That it is the intent of the
City Council of the City of Dubuque,
Iowa, to subordinate the FDL Foods,
Inc. Dubuque Plant real estate lien of
the City of Dubuque, Iowa, arising out
of a Mortgage filed December 9, 1982,
as Instrument No. 6742~82, to the real
estate lien of Citicorp Industrial
Credi~ Inc. arising out ora Mortgage
filed May 18, 1983, as Instrument No.
3295-83, r~-filed July 8, 1983, as Instru-
ment No. 4902~3, in connection with
UDAG Grant Agreement, UDAG
Grant Number B-81-AA.19-O016(4),
t~rms and conditions, Exhibit E, Iil(4)
(iv), secured by the following described
real estate owned by FDL Foods, Inv.,
Mortgagor, in the City of Dubuque,
Dubuque County, Iowa'
The west haft of lot 252, lot 253, lot
254, lot 285, lot 286, lot 288, the
south half of lot 289, lots 1 and 2 of
the north half of lot 292, the south
~half of lot 292, lots 293, 294, 295,
296, 297, 298, lot 1 of lot 299, lot 1 of
lot 1 of lots 300 and 301, Lot 300A,
lot 300B, lot 300C; that portion of
vacated Maple Street, lying between
the north curb line of East 16th
Street to the south curb line of East
17th Street; lot 2 of lot 1 of lot 304,
lot 1 of lot 2 of lot 305, lot I of lot
"B' of lot 1 of lot 305; lot 2 oIlot i of
Vacated Maple Street north of 18th
Street; lots 306, 307, 308, 309, 310,
lots i and 2 of lot 311~ lots 312, 313,
314, 315, 316, 319, 323, the north
398
Special Session, November 21, 1983
half of lot 325, lots 346, 347, 348, lots
1 and 2 of lot 349, lot 351, west V~ of
lot 352, lot 2 of lot 354, lots 383, 385,
386, 387, 429, 430, the northerly 48.2
feet of lot 431, lots 355, 444, 445,
446, 447, 448, 469, 470, 471, 472,
473, 484, 485, 486, 487, 488, 643; the
vacated "unvacated portion of 18th
Street from Sycamore Street east-
ward to Lynn Street"; the vacated
"unvaeated portion of 17th Street
from Sycamore Street to Lynn
Street"; the vacated alley running
north and south parallel to Syea-
more Street between 17th Street and
18th Street, and, Sycamore and
Lynn Streets; the vacated "unvaeat-
ed portion of Lynn Street from 18th
Street to 17th Street"; the vacated
"unvacated portion of Sycamore
Street situated north of the north
side of 16th Street running northerly
to the south side of the vacated por-
tion of East 19th Street";
in Cast Dubuque No. 2, in the City of
Dubuque, Iowa
Lots A, B and C, of Dubuque Packing
Company Additinn, in the City of
Dubuque, Iowa.
Lot 2 of lot 2 of RIVERFRONT SUB-
DIVISION NUMBER 4, in the City of
Dubuque, Iowa
Lot 2 of lot 3, lot 1 of lot 1 of lot 4, and,
lot 2 of lot 5, in Block 2, in Railroad
Addition, in the City of Dubuque,
Iowa
Lot 2 of "Vacated East Nineteenth
Street between East line of Mineral
Lot 106 and west line of Original
Sycamore Street extended", in the Cf-
ty of Dubuque, Iowa
Lot "A" of Mineral Lot 106 (according
to the Correction plat recorded as In-
ctmment No. 8861-77), in the City of
Dubuque, Iowa
Lot 1 "A" of Block 5, in Dubuque
Packing Company Addition, in the Cf-
ty of Dubuque, Iowa
LOt 1, in Block 2, of Dubuque Packing
Company Addition, in the City of
Dubuque, Iowa
Lot 1, in Block 3, in Dubuque Packing
Company Addition, in the City of
Dubuque, Iowa.
Block 4, in Dubuque Packing Com-
pany Addition, in the City of Dubu-
que, Iowa
Lot 1, in Block 5, in Dubuque Packing
Company Addition, in the City of
Dubuque, Iowa
Block 6, in DubUque Packing Com-
pany Addition, in the City of Dubu-
qna, Iowa
Lot 2, in Block 8, in Dubuque Packing
Company Addition, in the City of
Dubuque, Iowa
according to the respective recorded
Plats thereof. Subject to easements,
reservations, rights and privileges of
record.
The disposal of such interest in real
estate shall be in consideration of com-
pllanea with the City of Dubuque's
agreed position as fourth Mortgagee,
whereas, by order of recordation, the
City of Dubuque is now third Mor-
tgagee, senior and superior to the mor-
tgage interest of Citicorp Industrial
Credit, Inc., working capital lender ~o
FDL Foods, Inc.
Section 2. That the City Clerk ss
hereby directed to give notice in ~he
manner required by law of a public
hearing to be held on December 5, 1983,
at Z.30 P.M. in the Council Chambers
in the City Hal~ at which time and
~lace all interested parties will be
given opportunity ~o be heard for or
against the proposal to dispose of the
real estate interest herein described.
Passed, approved and adopted tins
21st day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following {ore:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Klnasner, Kronfeldt.
Nays--None.
Communication of Planning and
Zoning Commission approving rezon-
lng request of Peoples Natural Gas to
reclassify property located south of
Cedar Cross Road from AG
Agricultural to C-7 District, presented
and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskans. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Bearskens, Dsich, Hammel,
Klauer, Klnasner, Kronfeldt.
Nays--None.
An Ordinance Amending the Zoning
Ordinance to reclassify portions of
property located south of Cedar Cross
Special Session
Road from "AG Agricultural District"
to "C-7 Wholesale Commercial
District" classification, presented and
read.
Council Member Kluesner moved
that }he reading just had be con-
side,ed the first reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klaner, Kluesner, Kronfeldt.
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 Beurskens. Car-
tied by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Kinesner moved
that a Public Hearing be set on the Or-
dinance on Doc. 19, 1983 at 7:30 p.m.
in the Public Library Auditorium and
that the City Clerk publish notice in
the manner required by law. Seconded
by Council Member Beurskens. Car-
rind by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Dulch, Hammel,
Klauer, Kluesner, Kranfeldt.
Nays--None.
Communication of Planning and
Zoning Commission approving zoning
reclassification, PUD designation and
Preliminary Development Plan review
as requested by Carl and Mary Ann
Burbach and Dennis and Constance
Kitchen for property located north of
Asbury Road and west of Ben-
son/Asbury Road intersection
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
An Ordinance Amending Zoning Or-
dinance by reclassifyiv~g certain par-
tions of property located north of
Asbury Road and west of Ben-
son/Asbury Road intersection from
November 21, 1983 399
"R-3 Multi-Family Residential
District" to "OR-1 PUD Of-
rice/Residential Planned Unit Develop-
ment District" classification,
resented and read.
Council Member Hammel moved
that the reading just had bo con-
sidered the first reading of the Or-
linance. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauar, Kinesner, Kronfeldt.
Nays--None.
Council Member Hammel 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 Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfsidt.
Nays--None.
Council Member Hammel moved
that the Ordinance be set for Public
Hearing on Dec. 19, 1983 at 7:30 p.m.
in the Public Library Auditorium.
Seconded by Council Member Klaner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kranieldt.
Nays--None.
RESOLUTION NO. 276-83
"Resolution authorizing the issuance
and sale oI Industrial Development
Revenue Bonds (Wm. C. Brom~ Com-
pany, Publishers Project) of the City
of Dubuque, Iowa, in the principal
amount of $2,500,000, to finance the
costs of acquisition by constructing
and equipping an addition to the ex-
isting manufacturing facilities of Wm.
C. Brown Company, Publishers,
located at 2460 Kerpee Boulevard; the
execution of a Lender Loan Agree-
ment with Dubuque Bank and Trust
Company providing the terms and sale
of such bonds; the execution and
delivery of a Loan Agreement with
Wm. C. Brown Company, Publishers
providing for the repayment of the
loan of the proceeds of such bends,
and related matters",
WHEREAS, the City of Dubuque~
Iowa, in the County of Dubuque, State
of Iowa (the "Issuar"l is an inter-
porated municipniity authorized and
empowered by the provisions of
4O0
Special Session, November 21, 1983
Chapter 419 of the Code of Iowa, 1983,
as amended (the "Act") to issue
revenue bonds for the purpose of
financing the cost of acquiring, by con-
struction or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for the use of
any commercial enterprise engaged in
storing, warehousing or distributing
products of agriculture, mining or in-
dustry; and
WHEREAS, the Issuer has made
the necessary arrangements with Wm.
C. Brown Company, Publishers (the
"Company") for the acquisition by
constructing and equipping an midi-
t/on to the existing manufacturing
facilities of the Company (the "Pro-
ject'), located the corporate boun-
dacies of the Issuer; and
WHEREAS, it is necessary and ad-
vlsable that provisions be made for the
issuance of Industrial Development
Revenue Bonds, Series 1983 (Wm. C.
Brown Company, Publishers Project)
of the Issuer in the principal amount of
$2,500,000 (the "Bonds") as author/z-
ed and permitted by the Act to finance
the cost of the Project to that amount
and
WHEREAS, the Issuer will loan th~
proceeds of the Bonds to the Company
pursuant to the provisions of a Loan
Agreement dated as of December 1
1983 (the "Loan Agreement") between
the Issuer and the Company the
obligation of which will be sufficient to
pay the principal of, redemption
premium, ff any, and interest on the
Bonds as and when the same shall be
due and payable, and
WHEREAS, the Bonds will be sold
pursuant to and secured as provided
by a Lender Loan Agreement to be
dated as of December 1, 1983 (the
"Lender Loan Agreement") by and
between the Issuer and Dubuque
Bank and Trust Company (the
"Lender"); and
WHEREAS, the rights of the Issuer
in and to the Loan Agreement are
assigned to the Lender under the
Lender Loan Agreement; and
WHEREAS, notice of intention to
issue the Bonds have been published
end this Council has conducted a
public hearing pursuant to such
published notice, all as required by the
Act and Section 103(k) of the Internal
Revenue Code, and has hereby deter-
mined that it is necessary and ad-
v/sable to proceed with the financing
of the Project; and
WHEREAS, the Issuer has arrang-
ed for the sale of the Bonds to the
Lender and to American Trust & Say-
ings Bank, Dubuque, Iowa, and First
National Bank, Dubuque, Iowa
(together the "Bond Purchasers").
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section L Authorization of the
Bonds. In order to finance the cost of
the Project, the Bonds shall be and the
same are hereby authorized, detormin-
ed and ordered to be issued in the prin-
c/pal amount of $2~500,060. The Bond
shall be issued in fully registered form
and shall be dated as of the date of is-
suance and delivery thereof and shall
be executed, shall be in such form,
shall be payable, shall have such
prepayment provisions, shall bear in-
terest at such rates, and shall be sub-
ject to such other terms and conditions
as are set forth therein and in the
Lender Loan Agreement and Loan
Agreement. The Bonds and the in-
constitute an indebtedness of or a
charge against the general credit or
taxing power of the Issuer, but are
limited obligations of the Issuer
payable solely from revenues and otber
amounts derived from the Loan Agrag-
rnent and the Project and shall be
secured by an assignment of the Loan
Agreement and the revenues derived
therefrom. Forms of the Lender Loan
Agreement, the Bonds and the Loan
Agreement are before this meeting and
are by this reference incorporated in
this Bond Resolution, and the City
Clerk is hereby directed to insert them
into the minutes of the City Council
and to keep them on file.
Section 2. Lender Loan Agreement;
Sale of the Bonds. In order to provide
for the sale of the Bonds to the Bond
Purchasers and the conditions with
respect to the delivery thereof, the
Mayor and City Clerk shall execute,
acknowledge and deliver in the name
and on behalf of the Issuer, the Lender
Loan Agreement in substantially the
form submitted to the City Counci~
which is hereby approved in all
respects. The sale of the Bonds to the
Bond Purchasers is hereby approved
and the Mayor and City Clerk of the
Issuer are hereby authorized and
Special Session. November 21,1983 401
directed to deliver the Bonds to the
Lender. Deposit by the Lender to the
credit of the Issuer of the purchase
price, namely $2,560,000, in immediate-
ly available fonds at the office of the
Londer shall cons tituto payment in full
for the Bonds pursuant to Section 1.02
of the Lender Loan Agreement. The
Lender shall be authorized as the
Issuer's depository and agent to ira-
mediately remit such purchase price to
the Company to effect the making of
the loan of the proceeds of sale of the
Bond to the Company pursuant to Sec-
t/on 1.02 of the Lender Loan Agree-
Section 2. Repayment of Loan. The
Loan Agreement requires the
pany in each year to pay amounts~as
Ivan payments sufficient to pay the
principal of, redemption premium, if
any, and interest on the Bonds when
and as due and the payment of such
amounts by the Company to the Bond
Purchasers pursuant to the Loan
Agreement is hereby authorized, ap-
proved and confirmed.
Section 4. Loan Agreement. In order
to provide for the loan of the proceeds
of the Bonds to acquire and equip the
Project and the payment by the Com-
pany of an amount sufficient to pay
the principal of and premium, if any,
and interest on the Bonds, the Mayor
and the City Clerk shall execute,
acknowledge and deliver in the name
and on behalf of the Issuer the Loan
Agreement in substantially the form
submitted to the City Counei~ which is
hereby approved in all respects.
Section 5. Election. The Issuer
hereby elects to have the provisions of
Section 103(b) (6) (D) of the Internal
Revenue Code apply to the Bonds, and
the Mayor and the City Clerk are
hereby directed to file or cause to be f/l-
ed an appropriate statemen~ relating
to such election with the Internal
Revenue Service.
Section 6. Miscellaneous. The Mayor
and/or the City Clerk are hereby
authorized and directed to execute,
tosg seal and deliver any and all
documents and do any and all things
deemed necessary to effect the is-
suance and sale of the Bonds and the
execution and delivery of the Loan
Agreement and the Lender Loan
Agreemen~ and to carry out the intent
and purposes of this resolution, in.
eluding the preamble hereto.
Section 7. Severability. The proc/-
sions of this resolution are hereby
declared to be separable and if any
section, phrase or provisions shall for
any reason be declared to be invalid,
such declaration shall not affect the
validity of the remainder of the sec.
t/ohs, phrases and provisions.
Section 8. Repealer. All resolutions
and parts thereof in conflict herewith
are hereby repealed to the extent of
such conflict.
Section 9. Effective Date. This
resolution shall become effective ira-
mediately upon adeptio~
Passed, approved and adopted this
21st day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, De/ch, Hammel,
Nays--None.
Abstain--Council Member
Kronfeldt.
Communication of City Manager re-
questing approval of a Mutual Aid
Assistance Agreement, presented and
read.
Council Member Kinuer moved that
the communication be received and fil-
ed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, De/ch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 277-83
Approving a Mutual Aid Agreement
with the Dubuque County ~nd with
~he Municipalities of Dubuque County
WHEREAS, the City Council of
Dubuque, Iowa, recognizes the need to
provide for mutual aid and assistance
between Dubuque County and the Ci-
ty of Dubuque, Iowa, and between the
City of Dubuque, Iowa and other
nmnicipalities in Dubuque County in
the event of natural disasters, enemy
attack, civil disturbance or other
emergency; and
WHEREAS, there has been
prepared a County/Municipal Aid
Agreement in accordance with
Chapters 29C and 28E of the Code of
Iowa and a copy of which agreement is
attached hereto and made a part
hereof; and
4O2
Special Session, November 21, 1983
WHEREAS, the Office of Disaster
Services for the City of Dubuque and
for Dubuque County has recommend-
ed approval of this agreement.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Dubuque Coun-
ty/Municipal Mutual Aid Agreement
is approved~
Section 2. That the Mayor is hereby
authorized and directed to execute the
Dubuque County/Municipal Aid
Agreement on behalf of the City of
Dubuque, Iowa.
Passed, approved and adopted this
21st day of November. 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurshens, Deich, Hammsi,
Klauer, Kinesnar, Kronfeldt.
Nays--None.
Communication of City Manager
submitting outline of the recommend-
ed street construction program for the
next five year period, presented and
road.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council Mem-
ber Deich. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Banrskens. Dsich, Haromel,
Klaner, Kineaner, Kronfeldt.
Nays--None,
RESOLUTION NO. 278-88
Resolution Approving a Tentative
Five Year Street Construction Pro-
gram and Submitting same to the
Iowa Department of Transportation
WHEREAS, there bee been pre-
pared a tentative street construction
program for Fiscal Years 1984
through 1988, and
WHEREAS, said construction pro-
gram must be filed with the Iowa
Department of Transportation by
December 1, 1983 for the purpose of
allocating Road Use Tax funds to
municipalities, and
WHEREAS, this Council has
reviewed the tentative street construe-
tion program as submitted.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE.
IOWA:
Section I. That the tentative five
year street construction program for
Fiscal Years 1984 through 1988 be and
the same is hereby approved and that
the City Manager is hereby directed to
forward the required documents to the
lowa Department of Transportation.
Passed. adopted and approved this
19th day of December, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Banrskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Banrskans. Dsich. Hammel,
Klaner, Kluesnar, Kronfeldt.
Nays--None.
Communication of Planning and
Zoning Commission approving final
plat of portion of property located
west of Peru Road and ease of Terrace
Heights Mobile Home Park as re-
quested by Thomas and Cecilia
Manternach, presented and read.
Council Member Hammel moved
that the coromumcation be received
and filed. Seconded by Council
Member Klauar. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Beurskans. Deich. Hammel.
Klanar, Kinesnar, Kronfeldt.
Nays--None,
RESOLUTION NO. 279-83
Resolution Approving Phit of the Sub-
division o! Lot I-D of Terrace Heights
Subdivision in the City of Dubuque,
Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the Sub-
division of Lot i-D of Terrace Heights
Subdivision in the City of Dubuque,
Iowa; and
WHEREAS, said plat bes been ex-
amined by the City Planning and Zon-
ing Commission and they find that the
same conforms to the statutes and or-
dinances relating thereto, except the
Lot 1-1-D provides access and utility
easements for the adjoining mobile
home park; and
WHEREAS, said plat bes been ap-
proved by the City planning and Zan-
lng Commission on the condition that
Lot i-I-D can only be developed in con-
junction with tho adjoining mobile
Special Session
home park; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto; and
WHEREAS, the City Council con-
curs in the condition of approval
established by the City Planning and
Zoning Commission;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the above-described
plat be and the same is hereby approv-
ed and the Mayor and Clerk be and are
hereby authorized and directed%to eh.
dorse the approval of the City of Dubu-
que upon said pins provided that the
owner of said property shall execute a
written acceptance hereto attached
acknowledging and agreeing.
A) Lot 1-1-D of Terrace Heights Sub
division can only be developed in con-
junction with the adjoining mobile
home park.
Section 2. That in the event the
owner fails to execute the Acceptance
provided for in Section i herein within
forty-five (45) days after the date of
this Resolution, the provisions herein
shall be null and void and the approval
of the Plat shall not be effective.
Pas~ed, approved and adopted this
21st day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Acceptance of Resolution NO. 279-83
We tho undersigned Thomas J.
Manternach and Cecilia M. Mantar-
rmch, having read the terms and condi-
tions of the foregoing Resolution No.
279-83 and being familiar with the con-
dition thereof, hereby accept the same
and agree to the condition required
therein.
Dated at Dubuque, Iowa this 23rd
day of November, 1983.
By
Thomas J. Manternach
Cecilia M. Manternach
By
November 21,1983 403
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskenn, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Verbal request of Council Member
Klauer to discuss possible removal of
traffic lights on 12th St. at Whitel Cen-
tral, Main; Locust and Iowa and in-
stall "Stop Signs" on 12th St.; Con-
sider establishing Bluff St. as a
through street (no stops) and remove
traffic signals at 5th and Central,
presented.
Council Member Klauer moved that
the matter be referred to the Traffic
Staff for possible removal of traffic
light and staff report back to Council,
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Banrskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Request of Council Member Hammel
to discuss procedure to advertise for
position of Corporation Counsel,
presented.
Discussion followed.
Verbal request of Council Member
Klauer requesting Council to name his
replacement on Operation: New View,
presented.
Discussion followed.
Communication of Joseph A. Dan-
ner III submitting resignation as
Journeyman Plumber from the Plumb-
ing Bal, and expressing an interest to
serve as Master Plumber on said
Board if vhcancy occurs, presented
and read.
Council Member Beurskens moved
that the communication be received
and filed and resignation accepted
with regret. Seconded by Council
Member Klaner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Klauer, Kinoaner, Kronfeldt.
Nays--None.
BOARDS AND COMMISSIONS:
Dock Board - Two Three-year terms
which will expire Nov. 26, 1986. Ap-
plicants: Allen Gourley and Don
McMullen.
Council Member Klauer moved that
Special Session, November 21, 1983
Gourley and McMuilen be appointed.
Seconded by Council Member Beur-
skens. Carried by the following vo~e:
Yeas--Mayor Brady, Council
Member~ Beurskens. Deich. Hammai,
Klauer. Kluesner, Kronfaidt.
Nays--None.
Plumbing Board - One 3-Yeer ~erm co
Expire 11-02-86 to fill At-Large peal-
tion. which must have a B.S. degree,
Applicants: Paul E. Hoffmann, D.D.S.
Council Member Kronfeldt moved
that Paul E. Hoffmann, D.D.S., be ap-
pointed to the position. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hummel,
Klauer. Kluesner, Kronfeldt.
Nays--None.
Plumbing Board - One Unexpired term
~o expire 11-02-84 IMust be Master
Plumber) Applicants: Joseph A. Dan-
ncr and Harlan J, Wiilenborg.
Council Member Kronfeldt moved
that Joseph A. Danner. III be ap-
pointed ~o the unexpired term to ex-
pire 11-02-84. Seconded by Council
Member De{ch. Carried by the follow-
lng vo~e:
Yeas--Mayor Brady, Council
Members Beurskens~ Deich. Hanunel,
Klauer, Klueener, Kronfaidt.
Nays--None.
Plumbing Board - One Unexpired
Term te Expire 11-02-85, (Must be
Journeyman Plumber). Applicants:
Michael D. Adams and David
Schwartz.
Council Member Beurskens voted
for Adams; Mayor Brady voted for
Adams; Council Member De{ch voted
for Adams; Council Member Klauer
voted for Adams; Council Member
Klueener voted for Adams; Council
Member Kronfeldt voted for Adams.
Therefore, Michael D. Adams ap-
pointed to the unexpired term which
will expire 11-02-85.
RESOLUTION NO. 280-83
BE IT ]~ESOLVED by the City
Council of t~ae City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Cent~y Plaza Restaurant, Inc.
815 Century Drive
Zaila E. Mangeno
1399 Jackson St.
Mole Oil Company
55 J. F. Kennedy Rd.
New Harbor Development Carp, Inc.
Eagle Point
Dubuque First Ch{ua, Inc.
926 Main St.
Passed. approved and adopted this
21st day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Daich, Hummel.
Klauer, Khieener, Kronfeldt.
Nays--None.
RESOLUTION NO. 281-83
WHEREAS, Applications for Beer
Permits have been submitted and filed
w this Council for approval and the
same have been examined and approv-
ed: and
WHEREAS, The premises to be o.c-
cup{ed by such applicants were ~n-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
pi{cants a Beer Permit,
CLASS "B" BEER PERMIT
Lotus College
1450 Alta Vista St.
CLASS "C" BEER PERMIT
Sunshine Mart of Dubu~ae, Ltd.
430 Rhomberg Ave.
(Also Sunday Sales)
Mole Oil Company
55 J. F. Kennedy Rd.
(Also Sunday Sales)
TFM Co. Oky Doky #6
1256 Iowa St.
(Also Sunday Sales)
Passed, apprqved and adopted this
21at day of November, 1983.
James E. Brady
Mayor
SpecialSession
ATTEST:
Mary A. Davis
City Clerk
Council Member Kiauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, De{ch, Hummel,
Klauer, Klueener, Kronfeldt.
Nays--None.
RESOLUTION NO. 282-83
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and appr~,ed;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and ali City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the foliowlag named ap.
pllcants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Century Plaza Restaurant, Inc.
815 Century Dr.
(Also Sunday Sales)
Do, Inc.
1895 J. F. Kennedy.
(Also Sunday Sales)
H~rry W. Shetler
1902 Central Ave.
(Also Sunday Sales)
Town Clock Inn, Incorporated
8th & Main St.
Michael Bower
1064 University Ave.
(Sunday Sales Only)
Passed, approved and adopted this
21st day of November, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution: Seconded
November 21, 1983 405
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens~ De{ch, Hummel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
VIINUTES SUBMITTED: Airport
Comm. of 10-27; Human Services
Comm. of Cable Tel~-Programming
Comn~ of 10-17; Electrical Examining
Bd. of 11-8; Plumbing Bd. of 10-20;
Zoning Bd. of Adjustment of 10-20;
Human Rights Comm. of 10-10 and
Annual Report for Fiscal Year 1983,
presented and read.
Council Member Kluesner moved
that the minutes be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, De{ch, Hummel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS: Ronald
Friteeh, in unknown amt. for property
damages; Tony Kuhle by Jeffrey
Kuhle in unknown amt. for personal in-
iuries; Sally L. & John G.
Spechtenhauser in unknown amt. for
personal injuries; Mary J. Klein in
unknown amt. for personal injuries;
presented and reed.
Council Member Kluesner moved
that the claims be referred to the Legal
Staff for investigation and report.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, De{ch, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel advising of dismissal of Garry
Clauer's claim and case of Bottoms vs.
City has been closed, presented and
read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beerskens, Da{ch, Hanunel,
Klauer, Klueener, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending denials of
Special Session, November 21, 1983
following claims: Doug Juergens,
Alfred Gatena, Lloyd M. Strief,
presented and read.
Council Member Kluesner moved
that the communication be received
and filed and approved denials.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending settlements of
the following claims: Darrell F. Jones,
in amt. of $1,500; Joyce Thul in amt. of
$45.00; Michael Tully in amt. of
$78.40, presented and read.
Council Member Fduesner moved
that the communication be received
and filed and settlements be approved
and Finance Director directed to issue
proper chocks. Seconded by Council
Member Beurskens. Carried by the
following vo~e:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
REFUNDS REQUESTED: Richard
Yeargle, $75 on unexpired Beer Per-
mit, Linda Sinnard-Walsh, $50 on
unexpired Cigarette Permit, presented
end read.
Council Member Kluesner moved
that the refunds be approved and
Finance Director directed to issue pro-
per checks. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt,
Nays--None.
City Manager submitting reports of
Finance Director and City Treasurer
for month of October, 1983, presented
and read.
Council Member Kluesner moved
that the reports be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of En-
viromnental Review Procedures for
Community Development Block Grant
Program, presented and read,
Council Member Kluesner moved
that the proof of publication be receiv-
ed and fried. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfaldt.
Nays--None,
Communication of Counsel for
KDUB-TV submitting reply to
response filed by KCRG before
Federal Communications Commission,
presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskene, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Water, Air and
Waste Management Commission ad-
vising of Public Hearing to be held on
Nov. 29 in Des Moinea concerning
wastewater treatment works construc-
tion grants Priority System and the
Project Priority List proposed for
federal Fiscal Year 1984, presented
and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Bcorskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfoldt.
Nays--None.
Communication of City Manager
submitting status report on Swiss
Valley Dairy Noise problem, presented
and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Special Session, November 21,1983
407
CITY OF DUBUQUE MUNICIPAL GENERAL
NOVEMBER 8, 1983
Canvassed November 14, 1983
State of Iowa ) ss
Dubuque County)
We, the undersigned members of the Board of Supervisors, acting as a Board
of Canvassers for the County of Dubuque, do hereby certify that the following is
a true and correct abstract of the votes cast for each of the candidates for Court-
cil Member-at-Large, Second Ward Council Member, and Fourth Ward Council
Member in the City of Dubuque General Election held on November 8, 1983, as
listed and enumerated herein below by precinct.
MEMBER-AT-LARGE WARD TWO WARD FOUR
JOHN BARBARA ALFRED LORAS BRENDA RHONDA TOTAL
PRECINCT KLAUER MANNING ENGLING KLUESNER BERNAL KRONFELDT VOTERS
1 123 168 292
2 175 158 334
3 125 83 ~ 209
4 94 127 221
5 126 107 238
6 126 109 235
7 116 75 76 107 196
8 153 183 124 213 341
9 119 150 89 182 275
10 263 375 173 453 642
11 206 277 149 312 485
12 129 281 411
13 89 201 290
14 157 390 548
15 195 256 451
16 208 276 162 312 486
17 174 278 144 300 456
18 131 244 104 256 376
19 195 274 469
20 114 313 149 273 430
21 119 337 456
22 140 284 154 268 434
23 90 180 92 177 273
24 102 214 143 171 320
Absentee 31 71 4 14 5 20 103
TOTAL 3500 5411 790 1459 778 1599 8971
We, the undersigned members of the Board of Supervisors of Dubuque Coun-
ty, Iowa, and ex officio Board of Canvassers for said County, do hereby certify
that the following persons are declared elected at the City of Dubuque Municipal
General Election held on November 8, 1983, to the following City of Dubuque
Council positions, having received the largest number of votes in said election, to
wit:
COUNCIL MEMBER-AT-LARGE (four year term) BARBARA A. MANNING
2nd WARD COUNCIL MEMBER (four year terml LORAS J. KLUESNER
4th WARD COUNCIL MEMBER (four year term) RHONDA M. KRONFELDT
Dated this 14th day of November, 1983.
Wilfred Bald- Chairperson Lloyd C. Hayes - Member Donna L. Smith - Member
ATTEST:
Terry J. Hiroch; County Auditor
and Commissioner of Elections
408
Special Session, November 21, 1983
Eva Kenneaily received 14 write-in votes for 4th Ward Council Member.
Tom Churchill received 2 write-in votes for Council Member-at-Large.
Eva Kenneally received 1 write-in vote for 2nd Ward Council Member.
Council Member Kluesner moved
the canvass be received and filed and
made a matter of record. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady. Council
Members Beurskens, Deich, Hummel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Communication of City Manager
recommending the alley between Main
and Locust from 1st to 4th Streets re-
main one-way and placements of signs
to be constructed, presented and read.
Council Member Beurskens moved
that the communication be received
and filed and approved signage.
Seconded by Council Member
Kronfeint. Carried by the following
vote~
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting report regarding zoning of
the water area surrounding Chaplain
Schmitt Memorial Island, presented
and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Al Honigman and Dr. W. C.
Neumeister spoke on a variety of sub-
jects.
8:55 P.M. Council Member Hummel
moved to go into Closed Session to
discuss strategy with Counsel in mat-
ters that are presently in litigation in
accordance with Chapter 28A.5 of the
Code of Iowa. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
9:18 P.M. Council reconvened.
There being no further business
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved. _1984
Adopted 1984
Mayor
Council Members
ATTEST:
City Clerk
Regular Session
CITY COUNCIL
OFFICIAL
Regular Session, December 5, 1983.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer. Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cot-
poration Counsel William G. Blum.
Mayor Brady read the call and
stated that service thereof had been
duly made and tins is the regular mon-
thly meeting of the City Council called
for the purpose to act upon such
business winch may properly come
before the Council. ~
Invocation was given by Father Leo
Riley, Associate Pastor of St.
Patrick's Catholic Church.
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider the proposal to
subordinate the FDL Foods, Inc.
Dubuque Plant real estate lien in con-
nection with UDAG Grant Agree-
ment, presented and read.
There were no written objections
received and no oral objectors present
at the time of the Hearing.
Thomas McKay, Attorney for FDL
Foods, spoke on behalf of FDL Foods.
Council Member Kluesner moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member HummeL Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens; Deich, Harnmel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 283-83
A Resolution Authorizing the City of
Dubuque, Iowa, to enter into an Inter-
creditor Agreement with Citicorp In-
dustrlni Credit, Inc. in Connection
with UDAG Grant Agreement, UDAG
December 5, 1983 409
Grant Number B-81-AA-19-0016(4).
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald. a newspaper of general circnia-
tion, published in the City of Dubuque,
Iowa, on November 25, 1983, the City
Council of the City of Dubuque, Iowa.
met on the 5th day of December, 1983,
at 7:30 o'clock P.M. in the City Council
Chambers, City Hall, Dubuque, Iowa,
to consider the proposal to dispose of
interest in certain real estate by subor-
dlnating the FDL Foods, Inc. Dubu-
que Plant real estate lien of the City of
Dubuque, Iowa, arising out of a Mor-
tgage filed December 9, 1982, as In-
strument No. 6742-82, to the real
estate lien of Citicorp Industrial
Credit, Inc. arising out of a Mortgage
filed May 18, 1983, as Instrument No.
3295-83, re-filed July 8, 1983, as In-
strument No. 4902-83, in connection
with UDAG Grant Agreement, UDAG
Grant Number B-81-AA-19-0016(4),
terms and conditions, Exhibit E, III(4)
(iv), secured by the following described
real estate owned by FDL Foods, Inc.,
Mortgagor, in the City of Dubuque,
Dubuque County, Iowa:
The west half of lot 252, lot 253, lot
254, lot 285, lot 286, lot 288, the south
half of lot 289, lots i and 2 of the north
half of lot 292, the south half of lot
292, lots 293, 294, 295, 296, 297, 298,
lot 1 of lot 299, lot I of lot 1 of lots 300
and 301, Lot 300A, lot 300B, lot 300C;
that portion of vacated Maple Street,
lying between the north curb llne of
East 16th Street to the south curb line
of East 17th Street; lot 2 of lot I of lot
304, lot 1 of lot 2 of lot 305, lot 1 of lot
"B" of lot 1 of lot 305; lot 2 of lot I of
Vacated Maple Street north of 18th
Street; lots 306, 307, 308, 309, 310, lots
1 and 2 of lot 311, lots 312, 313, 314,
315, 316, 319, 323, the north half of lot
325, lots 346, 347, 348, lots 1 and 2 of
lot 349, lot 351, west 1/2 of lot 352, lot 2
of lot 354, lots 383, 385, 386, 387, 429
430, the northerly 48.2 feet of lot 431,
lots 355, 444, 445, 446, 447, 448, 469,
470, 471, 472, 473, 484, 485, 486, 487,
488, 643; the vacated "unvacated por-
tion of 18th Street from Sycamore
Street eastward to Lynn Street"; the
vacated "unvacated portion of 17th
Street from Sycamore Street to Lynn
Street"; the vacated alley running
north and south parallel to Sycamore
Street between 17th Street and 18th
Street, and, Sycamore and Lynn
Streets; the vacated "unvacated por-
tion of Lynn Street from 18th Street
to 17th Street"; the vacated