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1983 December Council Proceedings408 Special Session, November 21, 1983 Eva Kenneally 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 I write-in vote for 2nd Ward Council Member. Council Member Kluesner ~noved 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, Hammel, Klauer, Kluesner, 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, 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 Kluesnor moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Al Honigman and Dr. W. C. Neumelstor spoke on a variety of sub- jects. 8:55 P.M. Council Member Hannnel moved to ge 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, Kluecner, 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, December 5, 1983 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, Hammel, Klauer, Kluesner, Kronfuldt. City Manager W. Kenneth Gearhart, Cor- poration Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this is the regular mon- thly meeting of the City Council called for the purpose to act upon such business w~ich 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, Hammel, 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- merit, 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 Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 283.83 A Resolution Authorizing the City of Dubuque, Iowa, to enter into an Inter- ereditar Agreement with Citicorp In- dustcial Credit, Inc. in Connection with UDAG Grant Agreement, UDAG Grant Number B-81-AA-19-001614). WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula~ tlon, 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- dinating the FDL Foods, Inc. Dubu- que Plant real estate lien of the City of Dubuque, Iowa, arising out of a Mot- 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, tot 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 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 V2 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 per- tion of 18th Street from Sycamore Street eastward to Lynn Street"; the vacated "unvacatod 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 "unvacatod per- tion of Lynn Street from 18th Street to 17th Street"; the vacated 410 Regular Session, December 5, 1983 "unvacated portion of Sycamore Street situated north of the north side of 16th Street running northerly to the south side of the vacated portion of East 19th Street"; in East Dubuque No. 2, in the City of Dubuque, Iowa Lots A, B and C, of Dubuque Packing Company Addition, in the City of Dubuque, Iowa. Lot 2 of lot 2 of Riverfront Subdivision Number 4, in the City of Dubuque, Iowa Lot 2 of lot 3, lot 1 of lot i of lot 4, and, lot 2 of lot 5, in Block 2, in Railroad Addition, in the City of Dubuque, Iowa Lot 2 of "Vacated East Nineteenth Street between East line of Mineral Lot 106 and west line of Original Sycamore Street extended", in the Ci- ty of Dubuque, Iowa Lot "A" of Mineral Lot 106 (according to the Correction Plat recorded as In- strument No. 8861-77), in the City of Dubuque, Iowa Lot I "A" of Block 5, in Dubuque Packing Company Addition, in the Ci- 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 Dubuque, 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- 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. WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposol to dispose of interest of the City of Dubuque, Iowa, in the hereinabove real estate in favor of Citicorp Industrial Credit, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of in- terest by the City of Dubuque, Iowa, in the hereinabove described real estate to Citicorp Industrial Credit Inc., be and the same is hereby approved in consideration of compliance with the City of Dubuque's agreed position as fourth Mortgagee, whereas, by orderer recordation, the City of Dubuque is now third Mortgagee, senior and superior to the mortgage interest of Citicorp Industrial Credit, Inc., work- ing capital lender to FDL Foods, Inc.; and that such subordination shall be by lnterereditor Agreement subo~ dinating the real estate lien of the City of Dubuque, lowa, to the real estate lien of Citicorp Industrial Credit, Inc., and specifying the relative security in- terests of the City of Dubuque, Iowa, and Citicorp Industrial Credit, Inc. Section 2. That the Mayor of the City of Dubuque be and he is hereby directed and authorized to execute said Intorereditor Agreement, and the City Clerk be and she is hereby directed and authorized to attest said instrument and deliver the same for reco~4ation to Citicorp Industrial Credit, Inc. Section 3. That the City Clerk b~ and she is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorden Passed, adopted and approved this 5th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khieener 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. Sandra Kirkbridge, on behalf of "Voices for Life" invited the Mayor and Council Members to the Dec: 10th, 2 P.M. Meeting for pro-llfe. Communication of. City Manager re- questing acceptance of the contract f~r the perimeter fencing of the Ballpark Complex, presented and Council Member Beurskens moved and filed. Seconded by Council Regular Session Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady. Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. (Accepting Improvement) RESOLUTION NO. 284-83 WHEREAS, the contract for the Chaplain Schmltt Memorial Island -Park and Recreation Complex Ballfields Perimeter Fence has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the General Fund and a Grant from the Iowa Conservation Commie- sion in amount equal to the amount of his contract, less any retained percen- tage provided for therein. Passed, adopted and approved this 5th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Final Estimate) RESOLUTION NO. 2854/3 WHE~REAS, THE CONTRACT FOR Chaplain Schmitt Memorial Island - Park and Recreat/on Complex Ballflalds Perimeter Fence has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of December 5, 1983 411 estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $26,970.50 and that said amount shall be paid from the General Fund and a Grant from the Iowa Conservation Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 5th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager ap- proving request of Alfred Kerkenbush to construct a carport on the City alley adjacent to his home at 656 Levi Street, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Mr. Kerkenbush spoke to the com- mudication. An Ordinance Authorizing Alfred J. Kerkenbush to construct a carport, 12 feet in width and 22 feet long, presented and read. Council Member Hummel moved that the reading just had be the first reading of the Ordinance, 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 Kluesner. Vote on the motion was as follows: Yeas-- Council Members Hammel, Kluesner. Nays--Mayor Brady, Council 412 Regular Session, December 5, 1983 Members Beurskens, Deich, Klauer, Kronfeldt. MOTION FAILED. Council Member Deich moved to refer the matter to the City Manager and Staff for the purpose of drafting an Agreement which will vacate that portion of the alley and sell the same to Mr. Kerkenbush. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Klauer, Kluesner, Kronfeldt. Nays--Council Member Hammel. Communication of City Manager submitting Resolution regarding the execution of Capital Grant Project for aid in financing the purchase of two replacement handicapped accessible minibuses for Keyllne, presented and 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 Beurskans, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 286-83 Resolution Authorizing the Execution of Grant Agreements with the Depart- merit of Transportation, United States of America, for Grants under the Ur- ban Mass Transportation Act of 1964 as Amended. Section 1. That the Mayor of the City of Dubuque, Iowa, is hereby authoriz- ed and directed to execute grant agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in financing of capital assistance projects (two replacement minibuses). Passed, adopted and approved this 5th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution amending the Annual Contributions Contracts by in, corporating 25 additional Section 8 Existing Housing Units and re- questing temporary clerical assistance to handle additional workload, presented and read. Council Member Klauer moved that the communication be received and fil- M and approved request. Seconded by Council Member Banrskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel. Klauer, Kluesner. Nays--None. Abstain--Council Member Kronfeldt, RESOLUTION NO. 28783 Authorizing Execution of Annual Con- tribufions Contract Incorporating Ad- ditional 25 Units Section 8 Existing Program Funds with 411 Unit Con- tract WHEREAS, the City of Dubuque, Iowa (herein called the "Local Authori- ty'') proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America {herein call- ed the "Government") with respect to any "Projects" as defined in the An- nual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE IOWA: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor of Dubuque, Iowa, is hereby authorized and directed to execute said contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the' official seal of the Local Authority on each such counterpart and to forward said executed counter parts, or any of them, To the Govern- ment together with such other documents evidencing the approval and authorizing the execution thereof Regular Sessio~ as may be required by the Govern- ment, Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the eon- text shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolutio~ (2) All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Con- tributions Contract Passed, adopted and approved thi~ 5th day of December, 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, Delch, Hammel, Nays--None. Abstain--Council Member Kronfeldt. Petition of 1st Judicial District Dept. of Correctional Services re- questing permission for the 15th and Elm property to be considered for Ur- ban Revitalization District, presented and read. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Bear- akens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Bob Davies spoke to the Petition. Communication of Ken I-Iaynie, Bon- ding Counsel, advising project is available for Industrial Revenue Bond Funding "Only in event project is located within Urban Revitalization District", presented and read. Council Member Klauer moved that the communication be received and ed. Seconded by Council Member Beurskens. Carried by the following vote: December 5, 1983 413 Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager re- questing Council direction pertaining to amending revitalization district for purpose of making Correctional Se~ vices eligible for Industrial Revenue Bonds, presented and read. Council Member Klauer moved that the communlcatlon be received and fil- ed and directed Staff to make amend- ments necessary to include area within revitalization district. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Banrskens, Deich, Hanunel, Klauer, Kluesner, Kronfeldt. Nays--None. Communicatinn of City Manager transmitting Touche Rose Report per- taining to Group W's rate increase quest and recommending Council refer report to the Cable Regdiatory Com- mission and City Manager for recom- mendation, presented and read. Council Member Beurskens moved that the communication be recelved and filed and referred to the City Manager and Cable Regulatory Com~ mission for review and further recom- mendation. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, I-Iammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 288-83 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the fo]lowing 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. Iowa Oil Company IOCO Speede Shoppe 3200 Central Ave. Passed, adopted and approved this 5th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 414 Council Member Klaner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Klauer, Kluesner~ Kronfeldt. Nays--None. RESOLUTION NO. 289-83 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exan~ined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper 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- plicants a Beer Permit. CLASS "B" BEER PERMIT Clarke College of Dubuque, Iowa 1500 Clarke Drive CLASS "C" BEER PERMIT Angel Investment Co. 2699 Rockdaie Rd. (Also Sunday Sales) Passed, adopted and approved this 5th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Bearskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Beurskans, Deich, Hammel, FAauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 290-83 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and appro~ and WHEREAS, The premises to bo oc- cupied by such applicants were in- Regular Session, December 5, 1983 spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" IHOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc. 200 Main St. Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Benevolent & Protective Order of Elks ~ #297 2699 J. F. Kennedy David H. Hoffman 450 West Locust St. Mary Leu Kamp 400 Central Ave. Philllp Mihaialde 1406 Pine St. Also Sunday Sales) The Moracco, Inc. 1413 Rockdaie Rd. John Richman & Robert Spiegel 1080 University Ave. (Also Sunday Sales) David Wetter & Joseph McGinnis 951 Main St. Passed, adopted and approved this 5th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Ktauer moved adoption of the Resolution. Seconded by Council Member Bourskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Member Beurskens, Deich, Hammci, Klauer, Kluesner, Kronfeldt. Nays--Council Member Dcich on David Wetter and Jospeh McGinnis only. Printed Council Proceeding for month of June, 1983, presented and read. Council Member Klaner moved that the proceedings be approved as printed. Seconded by Council Member Bearskens. Carried by the following Regular Session December 5, 1983 415 Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammci, Klauer, Klaesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Commission of 11-8; Cable Tele- Programming Comm. of 11-1; Dock Board of 11-2 and 11-16; Human Rights Comrnlssion of 11-14; Transit Bd. Earnings Statement and Stats for month of October, 1983: Cable Regulatory Commission of 11-9, presented and read. Council Member Klauer moved that the minutes bo received and filed. Seconded by Council Member Bear- skens. Carried by the following vote: · Yeas--Mayor Brady, Council Members Beurskens, Deich,~Hannnel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Tri-State Security Specialists requesting investigation of bidding procedure followed by Airport Commission regarding selection of a Security Agency for the Airport, presented and read. Council Member Klauer moved that the petition 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, Dcich, Hammel, Klauer, Klueener, Kronfeldt. Nays--None. Beyer Aviation et al vs. City of Dubuque Airport Commission et al submitting Complaint to Recover Money or Property and "Motion for Contempt" as filed before Bankruptcy Court for Northern District of Iowa, presented and read. Council Member Klauer moved that the matter be referred to the Legal Staff. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, K]auer, Klueener, Kronfcidt. Nays--None. NOTICE OF CLAIM: Terrance J. Heech, in amount of $2,900 for per- eenal ~njuries, presented and read. Council Member Klauer moved that the claim be referred to the Legal Staff for inveet~ation and report. Seconded by Council Member Beurskans. Car- rled by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Klauer, Kluesner, Kronfeldt~ Nays--None. Communication of Corporation Counsel recommending denials of following claims: Bonnie Maas, Virgil & Mabel Muilin, Elizabeth Robinson, Dixie McGovern and Rosemary Rapp, presented and read. Council Member Klauer moved that the communication be received and fil- ed and that the denials be approved. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel advising following claims have been settled and therefore should be closed: Michael Burkhalder, Mary Dohrer, A1 Helm, Jeffrey Lange and Tami Wood, presented and read. Council Member Klauer moved that the communication be received and ill- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, De/ch, Hammel, Klauer, Kiuesnar, Krenfeldt. Nays--None. Communication of James Goetz- inger expressing dissatisfaction with the City of Dubuque Housing Dept., presented and read. Council Member Klauer moved that the communication be referred to the City Manager and Staff. Seconded by Council Member Bearskens. Carded by the following vote: · Yeas--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Certificate of City Clerk stating notices were sent by Certified Marl to known property owners, regarding assessment of Liberty Avenue Sanitary Sewer and Proof of publica- tion on Notice of Filing of the Final Plat and Schedule of Assessments for construction of the Liberty Avenue Sanitary Sewer, presented and read. Council Member Klauer moved that the certificate be reeaived and filed. Seconded by Council Member Beur- skans. Carried by the following vote: 416 Regular Session, December 5, 1983 Yeas--Mayor Brady, Council Members Beurskens. Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Mayor of Asbury re- questing permission to place destina- tion signing for the City of Asbury at the intersection of Dodge and Locust Streets, presented and read. Council Member Klauer moved that the petition be referred to the City Manager. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. Communication of City Manager clarifying comments made at last Council Meeting relative to construc- tion schedule for the North-West Arterial as it relates to the Five Year Street Construction Program, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klueener, Kronfeldt. Nays--None. Dr. W. C. Neumeister spoke on the Crescent Ridge Sanitary Sewer Pro- ject. There being no further business, Council Member Klauer moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klussner, Kronfeldt. Nays--None. Mary A, Davis City Clerk Approved __1984 Adopted __1984 Mayor Council Members ATTEST: City Clerk Special Session CITY COUNCIL OFFICIAL Special Session, December 19, 1983. Council Met at 7:30 o'clock p.m, in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart. Cor- peration Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider reclassify- lng property at 3860 Asbury Road from R-3 to OR-1 PUD Office/Residen- tial Planned Unit Devplopment District and acting upon such other business which may properly come before the Council. Invocation was given by Rev. John Brooks, Pastor of Immanuel United Church of Christ. 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone property located south of Cedar Cross Road from AG to C-7 District Classification IPeoplee Natural Gas), presented and read. There were no written objections and no objectors were present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed 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. 59-83 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 December 19, 1983 417 ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING PRO. PERTY LOCATED SOUTH OF CEDAR CROSS ROAD FROM AG AGRICULTURAL DISTRICT CLASSIFICATION TO C-7 WHOLESALE/COMMERCIAL DISTRICT CLASSIFICATION, SAID ORDINANCE HAVING BEEN presented and read at the Council Meeting of November 21, 1983, ~reeented for final adoption. ORDINANCE NO. 59-83 AN ORDINANCE OF THE CITY 9F DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF CEDAR CROSS ROAD FROM AG AGRICULTURAL DISTRICT CLASSIFICATION TO C-7 WHOLE- SALE/COMMERCIAL DISTRICT CLASSIFICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "AG Agricultural District" classifica- tion to "C-7 Wholesale/Commercial District" classiflcation, to wit: Lot 2 of Lot 1 of Lot i of Cedar Ridge Farm and Lot 2 of Lot 1 of Lot 2 of Lot I of Lot 2 of Mineral Lot 218 in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 19th day of Decem- bet, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Publisbed officially in the Telegraph Herald newspaper this 28th day of December, 1983. Mary A. Davis City Clerk It 12/28 418 Special Session, December 19, 1983 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following 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 rezone property located at 3860 Asbury Road from R-3 to OR-1 PUD Classification (Kitchen & Bur- bach request), presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Attorney Wayne Norman, on behalf of Dennis & Connie Kitchen, requested favorable consideration be given. Attorney Robert Bertsch, on behalf of Carl Burbach, requested favorable consideration be given. Council Member Hummel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 60-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBSQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING THE SOUTH 398.71 FEET OF THE WEST 200 FEET OF THE S 112 of M.L. 453 AND THE WEST 200 FEET OF LOT 2 OF 1 OF W 112 NE QUARTER SEC- TION 21, T89N R2E FROM 11.3 MULTI-FAMILY RESIDENTIAL DISTRICT" TO OR-1 PUD OF- FICEIRESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT" CLASSIFICATION, presented and read at the Council Meeting of Noyember 21, 1983, presented for final adoption. ORDINANCE NO. 60-83 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 RECLASSIFYING PROPERTY HEREINAFTER DESCRIBED FROM "R-3 MULTI- FAMILY RESIDENTIAL DIS- TRICT'' TO "OR-1 PUD OFFICE/RESIDENTIAL PLANNED UNIT DEVELOPMENT DIS- TRICT'', WHEREAS, Carl J. and Mary Ann Burbach and Dennis and Constance Kitchen, as applicants, have fi ed a Preliminary Development Plan for cer- tain property hereinafter described in accordance with provisions of the Planned Unit Development District regulations as set forth in Section 4-110 of Article IV of the Code of Ordi- nances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, said applicants have also flied an application for reclassi- fication of said property from R-3 Multi Family Residential District to OR-1 PUD Office/Residential Planned Unit Development District in accor- dance with the provisions of zoning reclassification as set forth in Article VIII of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has held a public hearing on said Preliminary Develop- ment Plan and said application for zoning reclassification pursuant to required published notice; and WHEREAS, the Planning and Zon- ing Commisssion has approved said application for zoning reclassification and has approved said Preliminary Development Plan with the conditions: 1) a land disturbing activity affidavit is to be filed with the Soil Conservation Sea.ice prior to grading activities; and 2) a grading plan is to be approved by the City Engineer, having found that said Plan conforms with the review standards applicable to such plans as set forth in Section 4-110.10 of Article IV of the Code of Ordinances, Appen- dix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission recommended the con- currence of the City Council in conditional approval of said Prefimi- nary Development Plan and said application for zoning rec]assification; and WHEREAS, the City Council has Special Sessioe, December 19, 1983 419 received the recommendation of the Planning and Zoning Commission and bas held its own public hearing on said Preliminary Development Plan and said application for zoning reclassifica- tion pursuant to ~quired published notice; and WHEREAS, the City Council has conditionally approved said Prelimi- nary Development Plan and said application for zoning reclassification; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: December, 1983. Mary A. Davis City Clerk It 12/28 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of John A. Schublin, on behalf of Winter Wonderland II, re- Section 1. That the Code of Ordi- ......... questing permission to use the Harbor nances o~ ;ne ~:~ty oi ~Juouque, Iowa, at Dubu ue Marina for the Ice be amended by revising Appendix A F'- q ...... I mneree, presented and read. thereo~, arno known as the &onlng Ordinance and Zoni~,~g Map of th~City I Council Member Klauer moved that of Dubuque, Iowa , by reclassifying I the petition be received and filed and from "R-3 Multi-Famfiy Residential approved request, subject to the Dock District" to "OR-1 PUD Office Rest- Board conditions. Seconded by Court- dential Planned Unit Development [ cil Member Beurskens. Carried by the District' the follow'nc descr'bed prop- following vote erty, to wit: Ti~e south 398.71 feet of the west 200 feet of the south one-haft of Mineral Lot 453 and the west 209 feet of Lot 2 of Lot 1 of the west one-half of the Northeast quarter of Section 21, Township 89 North, Range 2 East, all in the City of Dubuque, Iowa, Section 2. That the reclassification from "R-3 Multi-Family Residential District" to "OR-1 PUD Office Resi- dential Planned Unit Development District" applied to the property hereinabove described is a tentatiw reclassification and final adoption of the amendment as set forth in Section 1 of this Ordinance shall be subject to the requirements of Section 4-11 .11.3 of the Code of Ordinances, Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", whereby final adoption of said reclassification is con- tingent upon submission of the Final Development Plan by the developer witlfin six (6) months of the effective date of tbis Ordinance and further that failure by the developer to comply with the requirements as set forth herein, shall automatically revert said property to its former "R-3 MultiFa- mily Residential District" classifica- PASSED, APPROVED AND ADOPTED THIS 19th day of Decem- ber, 1983. JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 28th day of Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Kiauer, Kiuesner, Kronfeldt. Nays--None. Communication of City Manager recommending acceptance of the 1983 Asphalt Paving Project, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Accepting Improvement) RESOLUTION NO. 291-83 WHEREAS, the contract for the 1983 Asphalt Paving Project has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and speciflcatiohs and recommends its acceptance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of 42O Special Session, December 19,1983 real estate subject to assessment for said improvement and file the same in the .o, fflce 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 in- tentinn to levy special assessments therefore, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrar- tor from the Road Use Tax Fund, the Parking Construction Fund, and the Federal Revenue Sharing Fund and from the sale of special assessment bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 19th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Klaner, Kkiesner, Kronfeldt. Nays--None. IFinal Estimate) RESOLUTION NO. 292-83 WHEREAS, the contract for the 1983 Asphalt Paving Project has bcen completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, miscellaneous costs, and preparing the assessment and plat. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque: Section 1. That th~ cost of said provement is hereby determined W be $45~ 504. 74. Section 2. That $176,843.37 of the cost thereof shall be assessabl~ upon private property and $281,6~L37 shall be paid from the Road Use Tax Fund the Parhing Construction Fund, and the Federal Revenue Sharing Funa~ Passed, adopted and approved this 19th day of December, 1983. James E. Brady Mayor Mary A. Davis City Clerk Council Member Kluesner moved ldoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammal, Klauer, Kluesner, Kronfaldt. Nays--None. (RESOLUTION NO. 295-83 A Resolution Adopting the Final ~ssessment Schedule for the 1983 Asphalt Paving Project, Including Certain Information Required bY the Code of Iowa, Specifically, the Number of Annual Installments into which Assessments are Divided, the all Unpaid Installments, the Time when the Assessments are Payable and Directing the Clerk to Certify the Final Schedule and to Publish Notice Thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That after ~11 consideration of the final schedule of assessments and ac- companying plat showing the proposed to be made for the construction of the 1983 Asphalt Paving Project under contract with River City paving, Incorporated of Dubuque, Iowa which final plat and schedule was filed in the office of the City Clerk on the 14th day of December, 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- tire sums indicated. Provided, further, ;hat the amounts shown in said final schedule of assessments as deBclen- cies are found to be proper and are levied conditionally against the teepee- tire properties benefitted by the im- provements as shown in the schedule, subject to th~ provisions of Section 384.63, Code of Iowa. Said against said lots ace 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 Special Session December 19, 1983 421 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 if it is less than $50.00, with interest on the whole assessment from the date of acceptance of the work by the Council, shall become due and payable on July 1, 1984; suc- ceeding annual installments, with in- terest on the whole unpaid ~ount, shah respectively become due on July 1st annually thereafter, and shah be paid at the same time and in the same manner as the September semi-annual payment of ordinary taxes. That the City Clerk be 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 whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed, adopted and approved this 19th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS For: Asbury, Uriversity to St. Ambrose Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT Sehuelers Subdivision Iowa Oil Co. Lot 1-2-1 38,690 1,327.42 Kent H. Jecldin Lot 2-2-1 49,430 170.21 Kent H. Jecldin Lot 1-1 W/2-2-1 1,869.31 Iowa Oil Co. Lot 1-2 W/l-2-1 519.14 Kent H. Jecklin Lot 2-2 W]2-2-1 763.99 Iowa Oil Co. Lot 3 11,940 791.90 Iowa Off Co. Lot 4 62,430 438.13 Eugene L. & Madonna M. Kopp Lot 5 43.850 1,523.43 Finley's Addition Kenneth L. & Beverly M. Cook S. 36'-161 43,380 1,305.58 Beecher Company, Inc. S. 30'-161 33,340 1,038.03 Beecher Company. Inc. S.E. 33'-160 96,440 1,196.96 Beecher Company, Inc. E. 100' N.W. 33'-150 7,070 1,00L26 Donna M. Ginter W. 78' - N.W. 33'-160 47,790 195.70 Sub. 157, 158 & S. 16'-156 William G. & Sally Trimpler Cont.: Garland & Mercedes G. Lynck Kath. D. Berberich David C. Spahn Levon parrnelee Ames Louis & Dorothy Bernhard Rickey R. & Debra K. Dryer L~nm D. & Mary Pamela Danzer S. 1/3-1 55,970 1,496.72 M 1/3-1 32.780 561.27 N1/3-1 32,410 561.39 2-2-157&IS8& S 16'-156 34,310 230.29 2-2-157&158 & S 16'-136 29.480 98.76 N50'-156 40,670 660.06 S 50'-155 35,830 680.06 422 Special Session, December 19, 1983 Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT John J. Noesen N 16'-155 44,850 217.66 John J. Noesen S 64'-154 49,970 462.40 Ft~mklin Place Merle H, Sr. & Vera E. Torrey Lot 1 34,850 886.45 Richard E. & Evelyn E. Reavell Lot 1-2 52,430 308.34 Clement & Anna Belle Carbine Lot 2-2 49,970 138.13 Flniey~s Addition Kenneth S. & Sharon M. Chapman Lot 1-152 56,890 1,005.92 Kenneth S. & Sharon M. Chapman Lot 2-151 W/1-152 124.70 Henry J. Barth Lot 1-151 68,970 691.32 Henry J. Barth Lot 2-152 W/l-151 54.61 Finiey's Addition Mary E. Theisen Lot 150 29,780 816.02 Donald H. & Barbara J. Lochner Lot 129 50,160 771.42 R~inbow Oil Company Lot 1-1 75,700 3,743,16 Rainbow Oil Company Lot 2-1 8,380 756.40 Rainbow Oil Company S.E. 41'-2 10,920 1,459.10 Transport Sales Co. N.W. 25'-2 7,740 889.90 James A. & Marian T. Cosley Cont: Stephen M. & Deborah A. Clifford James A. & Marian T. Cosley Cont: Stephen M. & Deborah A. Clifford NV2-3 119,920 1,176.32 Anne M, Latimer Lot 4 35,610 883.58 Arlene J. Bovee S. 60%5 47,770 803.05 Ernie Pfalzgraf Place Helen pfalzgraf Lot 1 39,020 874.96 Nancy Jane Pape Lot 2 47,380 90.00 Finley's Addition Joseph J. & Marie A. Sullivan Lot 1- S.E. 60'-7 42,090 679.83 Dorothy Froda Graf Lot 2- S.E, 60'-7 38,290 126.07 Wayne & Donla Freiburger Lot N. 6'-7 41,770 81.35 Wayne & Donla Fralburger Lot S. 55'-8 W/N6'-7 752.99 Dennis L. Pregler & Catherine H. Kielor Lot N. 11'-8 45,320 151.44 Dennis L. Pregler & Catherine H. Kieler Lot 9 W/N11'-8 913.31 Esther Wagner Lot 10 40,650 914.66 Esther Wagner Lot S. 6'-11 W/10 83.17 Randall J. Schmit & Denis B. Kunkel Lot N. 60'-11 31,680 831.50 William W. & Peggy A. Ginter East Pt. 12 37,200 166.91 Raymond H. & Myrna M. HJlken West Pt. 12 21,290 747.76 Carl F. & Mary A. Lange Lot 171 39,470 24.35 Donald P. Heim Lot 1-13 50,390 763.68 Francis A. & Irene Sigwar th Lot 2~13 48,580 150.98 Donald P. Helm Cont: SV2-3 7,790 1,176.32 Special Session, December 19, 1983 423 Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT Rodney W. Richey Lot 172 28,790 100.01 Donald P. Halm Lot 2-16 & 17 60,270 1,170.22 Donna M. Ginter LOt W. 78'-159 7,000 391.40 Beecber Co. Inc. Lot E. 100'-159 43,440 2,002.51 TOTAL $45,710.68 603 C.Y. Excavation, Unclassified @ 6.50 --- 3,919.50 135 S.Y. Sodding @ 5.00 = 675.00 55,4 Tons Graded Stone Base @ 7.70 -- 426.58 496 Tons A.C. SurfaeeCourse @ 41.80 -- 20,732.80 127 Tons A.C. Levaling Course @ 41.80 ---- 5,308.60 788 Tons AsphaltTreated~ase @ 38.00 ---- 29,944.00 0.5 Tons A.C. H~nd Patching @ 100.00 -- 50.00 600 Gal. Prime or Tack Coat @ 1.50 = 900.00 5118 S.Y. Petromat Fabtic, installed @ 2.75 -- 14,074.50 5 No, of Manholes-RalseorLower @ 175.00 --- 875.00 4 No. of Manholes-Ring&Cover @ 220.00 = 880.00 815.8 L.F. Curb & Gutter - Remove &Replace @ I3.00 = I0,605.40 24.56 S.Y. 6" Driveway - Remove &Replace @ 25,25 = 620.14 213.16 S.F. 4" Sidewalk - Remove & Replace @ 2.25 = 479.61 2 No. of Pavement Marking, Word "ONLY" @ 250.00 -- 500.00 120 L.F. Pavement Marking, White Line, 4" @ 2.00 : 240.00 2212 L.F. Pavement Marking, YelIow IAne, 4" @ 1.85 = 4,092.20 43 L.F. Pavement Marking, Stop Line, 16" @ 5.50 -- 236.50 I No. of Pavement Marking, Arrow Right @ 200.00 -- 200.00 1 No. of Pavement Marking, Arrow Left @ 200.00 -=- 200.00 TOTAL CONSTRUCTION COST Loss City Share Traffic tape East. Cons. Cost Cons. Overran Cs. Total City Share Assessable Share 15% Engineering Expense Total Assessable Amount $94,959.83 5,466.70 29,605.48 20, I37~23 55,211.41 39,748.42 5,962.26 $45,710.68 17,763.26 2,664.49 20,427.77 21,985.14 3,297.77 25,282.91 Residential Assessments (68.30006% units), 75% width and 50% Reduction 15% Engineering TOTAL Residential Assessments (31.6999% units), 100% width and No Reduction 15% Engineering TOTAL Commercial Assessments TOTAL RESIDENTIAL & COMMERCIAL ASSESSMENTS All of which is assessed in proportion to special benefits conferred. $45,710.68 424 Special Session, December 19, 1983 For: Bradley Street from Randall to Henderson Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT Grandvlew park Addition Block 3 Edwin P. Willy E. 40' Let 17 60,710 96.50 Lena W. Holtzman W. 67' Let 17 57,930 424,45 Lena W. Hdtzman W. 67' Let 18 W/W. 6T-17 530.81 Edwin P. Willy E. 40' Let 18 W/E. 40'-17 120.81 Edwin P. Willy E. 40' Lot 19 W~E. 40'-17 120.81 Lena W. Haltzrnan W. 67' Lot 19 W/W.6T-17 530.81 Lena W. Heitzman W. 67' S.E. 20'-20 Wff~V.67'-17 424.45 Edwin P. Willy E. 40' S.E. 20'-20 W/E. 40'-17 96.50 Marilyn I~etschmer N.W. 6' Let 20 69,270 129.67 Marilyn Kretschmer Lot 21 W/NWS'-20 648.06 Marflyn Kretschmer Lot 22 W/NW5'-20 647.30 Marilyn Kretschmer S.E. 5' Let 23 WINWS'-20 129.42 Donald F. & Margaret M. ~lllvan N.W. 20' Lot 23 48,800 517.39 Donald F. & Margaret M. WiNW 20'-23 646.03 Sullivan Lot 24 Donald F. & Margoret M. Sullivan S.E. 15' Let 25 W/NW 20'-23 386.45 Richard J. & Marcia J. 257.55 Courtade N.W. 10' Let 25 70,070 Richsrd J. & Marcia J. Cour tade Let 26 W]NW10,~25 644.51 Richard J. & Marcia J. Cour fade Lot 27 W/NWl0'-25 643.75 Lloyd & Leo A~n 642.99 Konrardy Let 28 6,110 Lloyd & Lee Ann W/28 642.23 Konrordy Let 29 lAoyd & Lee Ann 641.21 Konrardy Lot 30 50,250 Lloyd & Lee Ann WI30 640.46 Konrardy Lot 31 Lloyd & Lee Ann 699.69 Konrardy Lot 32 6,720 Lloyd & Lee Ann W/32 638.93 Konrardy Lot 33 Grandvlew pork Addition Special Session, December 19, 1983 425 Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT Grsndv~ew park Addition Block 8 Dubuque Golf & Country Club Lot 1 107,370 669.83 Dubuque Golf & WI1 669;83 Country Club Lot 2 Dubu~lue Golf & W/1 669.83 Country Club Let 3 Dubuque Golf & W/1 669.83 Country Club Lot 4 DubuqUe Golf & W/1 669.83 Country Club Lot 5 Dubuque Got( & Country Club Lot 6~ W/1 669.83 Dubuque Golf & WI1 669.83 Country Club Let 7 Dubuque Golf & W]I 669.83 Countxy Club Let 8 Dubuque Golf & Wi1 669.83 Country Club Lot 9 Dubuque Golf & WI1 669.83 Country Club Lot 10 Dubuque Golf & W/1 669.83 Country Club Lot 11 Dubuque Golf & W/1 669.83 Country Club Lot 12 Dubuque Golf & W/1 669.83 Country Club Let 13 Dubuque Golf & WI1 669.83 Country Club Let 14 Dubuque Golf & WI1 669.83 Country Club Let 15 Dubuque ~'& WI1 669.83 Country Club Let 16 Dubuq~ Golf & W/1 535.86 Country Club Let 17 Dubuque Golf & Country Club Vacated Alley W/1 640 2~) ~ubu~ Golf & Cogut~yl Club Let 18 W/1 73.19 Dubuque Golf & W/1 91.67 Country Club Lot 19 Dubuque Golf & W/1 91.67 Country Club Lot 20 Dubuque Golf & W/1 91.67 Country Club Let 21 Dubuque Golf & W[1 91.67 Country Club Lot 22 Dubuque Golf & W/1 91.67 Country Club Let 23 Dubuque Golf & W/1 91.67 Country Club Let 24 Dubuque Golf & WI1 91.67 Country Club Lot 25 Dubuque Golf & W/1 91.67 Country Club Lot 26 Dubuque Golf & WI1 91.67 Country Club LOt 27 Dubuque Golf & WI1 91.67 Country Club Let 28 Dubuque Golf & WI1 91.67 Country Club Let 29 Dubuque Golf & WI1 91.67 Country Club Let 30 Dubuque Golf & WI1 91.67 Country Club Lot 31 426 Special Session, December 19, 1983 Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT Grandview Park Addition Block 8 Dubuque Golf & Country Club Lot 32 W/I 91,67 Dubuque Golf & Country Club Lot 33 W/1 91.67 Dubuque Golf & Country Club Lot 34 W/1 91.67 Dubuque Golf & Country Club Vacated Dunning Street W/1 183.10 Dubuque Golf & Country Club Vacated Perry Street WI1 654.89 Grandview Park Addition Block 9 Lest~r M. Harney Lot 1 81,690 535.85 Lestor M. Harney Let 2 W/1 669.83 Lestor M. Homey Lot 3 WI1 669.83 Lestor M. Harney N. 13' Lot 4 WI1 348.21 Robert G. Holscber S, 12' Lot 4 139,450 321.37 Robert G. Holscber Lot 5 W/S.12'-4 669.83 Robert G. Holscber Lot 6 W/S,12'-4 669.83 Robert G. Holscher Lot 7 W/S,12'-4 669,83 Robert G. Halscher Lot 8 W/S,12'-4 669.83 Robert E. & Barbara M. Zahren Lot 9 66,270 669.83 Robert E. & Barbara M. Zabeen Lot 10 W/9 669.83 Stove & Olive May Dye Lot 11 43,790 669.83 Stove & Olive May Dye LOt 12 W/Il 669.83 Leslie I. & Patricia F. Furuseth Lot 13 36,840 669.83 Fnruseth Lot 14 W/18 669.83 Ferdinand A. IV & Linda S. Nesler Lot 15 72,990 669.83 Ferdinaud A. IV & Linda S. Neeler LOt 16 W/15 669.83 Dubuque Golf & Country Club Lot 17 6,550 91.67 Dubuque Golf & Country Club Lot 18 W/17 91.67 Dubuque Golf & Country Club LOt 19 W]17 91.67 Dubuque Golf & Country Club Lot 20 W/17 91.67 Dubuque Golf & Country Club LOt 21 W/17 91.67 Dubuque Golf & Country Club Lot 22 W/17 91.67 Dubuque Golf & Country Club Lot 23 W/17 91.67 Dubuque Golf & Country Club Lot 24 W/17 91.67 Dubuque Golf & Country Club Lot 25 W/17 91.67 Dubuque Golf & Country Club Lot 26 W/17 91.67 Dubuque Golf & Country Club Lot 27 W/17 91.67 Dubuque Goff & Country Club Lot 28 WI17 91.67 Dubuque Goff & Country Club Lot 29 WI17 91.67 Dubuque G01f & Country Club Lot 30 W/17 91.67 Special Session, December 19, 1983 427 Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT Dubuque Golf & Country Club Lot 31 W/17 91.67 Dubuque Golf & Country Club Lot 32 W/17 73.19 TOTAL $47,393.36 10 C.Y. E xcavatlon, unchissified @ 6.50 = 65.00 79 S.Y. Sodding @ 5.00 = 395.00 372.67 S.Y. Conc, Pavement - Rem. & Replace w/10' Con. @ 47.00 = 17,515.49 61.75 Tons Graded Stone Base @ 7,70 = 475.47 230 Tons A.C. SurfaceCourse @ 41.80 = 9,614.00 125 Tons A.C. LevelingCourse @ 41.80 = 5,225.00 10 Tons Asphcit Treatod Base @ 38.00 = 380.00 10 Tons A.C. Hand Patching @ 100.00 = 1,000.00 140 Gal. Tack Coat @ 1.50 -- 210.00 I No. of Manholes-Raiseo/~Lower @ 175.00 ---- 175.00 344.3 L.F. Curb & Gutter - Remove & Replace @ 13.00 ---- 4,475.90 26.3 S.Y. 6" Driveway - Remove & Remove @ 25.25 ---- 664.08 142.4 S.F. 4" Sidewalk - Remove & Replace @ 2.25 -~ 320.40 TOTAL CONSTRUCTION COST $40,515.34 Engineering Expense 6,878.02 Total Assessable Amount $47,393.36 All of which is assessed in proportion to special benefits conferred. For: Cbuney Road from Pennsylvania Ave. to Hilicrest St. Annes Subdivision Block 4 Thomas J. & Mary Kay Frith Lot 1 of i 51.150 726.89 Harhin V. & Maxine Epland Lot 2 49,480 738.49 Philip M. & Janice M. Keating Lot 3 48,090 738.49 Ralph W, & Kathieen L. Rupp Lot 4 49,540 738.49 Annas A.& Thelma J. Oakley Lot 5 50,500 738.49 Gerald J. & Mary B. Hoffman Lot 6 47,550 738.49 Thomas E. & Margaret A. Brewer Lot 7 60,400 738.49 Corwin R. & Doris R. Brediow Lot 8 45.690 738.49 Michael A. & Phyllis M. Kelley Lot 9 49,210 738.49 Melvin B. & Pearl C. Kechner Lot 10 53,440 738.49 Charlos W. & Mary Lou Schrciber Lot 11 51,230 738.49 Carl F. Jr. & Jeanne M. Kiaeska Lot 12 48,850 738.49 Louis J. & Maxine E. Maxwell Lot 13 52,280 738.49 Phillip L. & Miriam Teresa Kalvelage Lot 14 50,230 738.49 David A. & Michael J. Buechele Lot 15 51,510 738.49 William E. & Regina F. Cherrier Lot 16 55,120 738.49 Francis A. & Betto L. Libansky Lot 17 60,850 738.49 428 Special Session, December 19, 1983 Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT St. Annes Subdivision Block 4 George W. & Helen M. Raucbenecker Lot 18 51,950 743.83 Robert L. & Elizabeth J. Pregler Lot 19 54,020 795.78 St. Annes Subdivision Block 5 Cberles R. & Mary E. Schwsitzer Lot 1 103,410 258.29 Charles R. & Mary E. Schwsitzer Lot 2-2 W/1 42.52 American Trust & Savings Bank, Trustee of the intervlvos irrevocable trust agreement of George K. Klinge Lot 1-2 93,190 84.81 Agues A. Ctitelli Lot 1-3 75,650 56.84 M.L. 260 Conunu~ities Prop Inc. Lot 1-2-1-1-2-4 68,720 995.53 St. Annes Subdivision Block 3 Robert L. & Elizabeth J. Pregler Lot 2-1-1A W/19Block 4 10.00 Austin J. & Mary G. I~iser Lot 1-1-1A 53,790 619.92 Austin J. & Mary G. Kaiser Lot 2-lA W/l-l-lA 10.00 Austin J. & Mary G. Kaiser Lot 1-1 W/l-l-lA 175.98 Florence M. Devaney Lot 2 61,030 743.83 Dorothy Burke Lot 3 46,820 743.83 Wilfred or & Francis Welter Lot 4 58,700 743.83 Leo & Vivian L. Giegerich Lot 5 68,610 743.83 Raymond J. & Rita L. Her ting Lot 6 62,980 743.83 Joseph P. & Janet E. Arend Lot 7 64,100 743.83 Yerna H. Bregnmn Lot 8 47,380 743.83 Cleone G. Foster Lot 9 60,650 743.83 Gustave E. Fecker Lot 10 49,410 871.38 St. Annes Subdivision Block 6 Alphonse E. & Mary V. Behnke Lot 1 65,690 268.52 Helen M. Grabew Lot 2 64,070 116.75 Patricia F. Hough Lot 3 83,690 48.54 Chan~y Ptec~ Carol A. Bitter Lot 2-2-1-1-1-1 95,880 823.75 St. Annes Subdivision Bloek 1 Pennsylvlmla Manor Lot 1-1-1-1 387,580 2,823.41 pennsylvania Manor Lot 2-1-1-1 W/l-l-l-1 131.30 Thomas E. & Janyee L. Rawson Lot 2-1-1 53,390 789.41 James L. & Darlene R. Moriar ty Lot 2 63,550 789.19 Eugene R. & Marian J. Sutberland Lot 3 49,490 789.99 Mary May Hostert Lot 4 63,430 790.78 Jerry C. & Ruth Silverberg Lot 5 66,550 791.58 Lorretta L. Schwendinger LOt 6 45,480 792.37 Special Session, December 19, 1983 429 Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT St. Annes Subdivision Block 1 Douglas J. & Karen M. Horstmann Lot 7 46,860 793.06 William H. & Joann C. Arms Lot 8 55,970 793.85 Fred L, & Barbara A. Kretechmer Lot 9 48,730 794.53 Lamoine H. & Patricla A. Hawker Lot 10 59,180 795.22 Harry E. & Beverly B. Moore Lot 11 70,200 796.12 Edward C. Kutsch Lot 12 54,780 796.81 Eugene Paul & Ruth Clarke Lot 13 57,460 853.99 Gerald M. & Mary C. ~ McGrath Lot 14 58,870 856.49 Thomas & Ruth McDonough Lot 15 68,580 854.22 St. Annes Subdivision Block 2 Lot 1-1-1A 53,230 664.82 Lot 2-1-1A W/15 10.00 Lot 2-lA 2,010 10.00 Lot 2-1 W/2-1A 199.40 Lot 2 64,540 930.73 Lot 3 63,600 930.73 Lot 4 91,000 930.73 Lot 5 56,330 930.73 Mary Welbes Place Lot 1-1-1 69,760 963.69 Lot 2-1-1 66,350 237.48 71,030 797.94 W/2-1 797.94 52,790 797.94 Thomas L. & Marcella M. Frey Thomas & Ruth McDonough Thomas L. & Marcella M. Frey Thomas L. & Marcsila M. Prey Robert F. Jr. & Myra Benzer Sonla E. Hickson Bernadine M. Ament Marguerite H. Martin Lena K. Straub Louis Merlin McMahon David & Delores McCarron Lot David & Delores McCarron Lot 1-2 George V. & Margle G. McEndollar Lot 2-2 M.L. 261 Steven J. & Dorothy E. Hessler Lot 1-1-2-3 Lavern A. & Kathlaen G. Pfiffner Lot 2-1-2-3 TOTAL 53,800 419.15 56,730 82.31 $48,151.72 264 C.Y. Excavation, unclassified @ 6.50 = 1,716.00 41 S.Y. Sodding ~ 6.50 -- 205.00 9.65 Tons Oraded Stone Base @ 7.70 = 74.31 399 Tons A.C. SuriaceCourse @ 41.80 -- 16,678~20 190,5 Tons A.C. LovelingCour~e @ 41.80 ---- 7,962.90 406.5 Tons AsphaltTreatedBase ~ 38.00 = 15,447.00 300 Gal. Primeor Tack Coat @ 1.50 --- 450.00 4886 S.Y. Petromat fabrlc, installed @ 2.75 ---- 13,436.50 4 No. of Manhalos-RalsoorLower @ 175.00 --- 700.00 264.6 L.F. Ctlrb & Gutter - Remove & Replace @ 13.00 = 3,439.80 38.29 S.Q. 6" Driveway - Remove &Replace @ 25.25 = 966.82 7.6 S.F. 4" Sidewalk - Remove & Replaco @ 2.25 ---- 17.10 87 L.F. Asphalt Sawing @ 1,25 = 108.75 TOTAL CONSTRUCTION COST $61,202.38 430 Special Session, December 19, 1983 Less Overrun Costs 1,386.58 Estimated Construction Cost 59,815.80 70% Assessable 41,871.06 15% Engineering Expense 6,280.66 Total Assessable Amount $48,151.72 All of which is assessed hi proportion to special benefits conferred. For: Stewart Street from Delhi to University OWNER LOCATION VALUATION ASSESSMENT Loetscber & Truebs Sub Dubuque Bank & TrUst Co. Inc. Lot 1 202,400 1,078.53 American Trust & Savings Bank Dubuque, Iowa, Trustee of Trust under the will of Kenneth A. Hartig Lot 2 32,140 1,986.41 Dubuque Bank & Trust Co. Inc. Lot 3 7,140 1,350.72 William R. & Patricia D. Kelly Lot 4 28,560 1,035.16 Patrick J. & Tbereso A. Murphy Lot 5 31,950 1,022.47 Jackie & Phyllis Puckett Lot 6 35,840 999.90 Janaan M. Mflcoff Lot 7 34,200 999.90 Ronald J. LeConto Lot 8 37,720 1,011.19 Shirley K. Runde Cent: Dan L. & Teresa Biermann Let9 40,460 1,011,19 John E. Gaeell LOt 10 33,350 1,022.47 Cletus N. & Marcille A, Pauly Lot 12 44,460 2,350.98 Gladys L. Reiter by ~ Lot 13 40,870 2,481.78 Anne K. Laury Lot 14 52,380 1,133.53 William J. & Julia McDermott Lot 15 44,150 1,430.40 William J. & Jolie McDermott Lot 2 of 16 W]15 364.21 Alberta M. Stokesberry Lot 1 of 16 42,620 1,100.04 Alberta M. Stokesberry Lot 1 of 17 WI1-16 724.90 Daniel J. & Paola J. Sollivan Lot 2 of 17 36,820 673.07 Daniel J. & Paola J. Sullivan Lot 18 W]2-17 1,575.81 Special Session, December 19, 1983 431 Special Assessment Fund No. 1323 OWNER LOCATION VALUATION ASSESSMENT Hugh's Subdivision of Part o! Min. Lot 172 Lawrence J. & Judith C. Bakey Lot 2-3 W/NW6'-i-3 712.20 Cletus W. Herrlg S.E. ~ - 4 46,840 650.86 John S. Nigg & Jane G. Ronck N.W. ¼ - 4 36,310 1,155.39 Thad J. & Sally A. Gavin Lot 1-1-5 W/1-7Moter Sub. 168.53 Clorence L. & Dianne M. Lot 2-1-5 W/2-Motor Sub. 1,089.11 Ferdinand A. IV & Linda Sue Nesler Cent: S~eve J. Smith Lot 2-5 51,680 1,013.66 Mins~al Lot 172 A. John II & Cathy A. Pesetski Lot 5 45,020 303.57 Gjersoe A. & Edna L. Sten Cent: Donald F. & Cathy D. Schlickman Lot 4 45,910 144.56 James J. Klauer Lot 1-N.95'- 2-3 27,430 51.12 Mary E. Wissel Lot 2-N.95'- 2-3 W/l-lMotor Sub. 7.05 TOTAL $35,587.61 7 Cu.Yd. Excavation, unclassilied @ 6.50 = 45.50 40 Sq. Yd. Sodding @ 5.00 = 200.00 349.3 Sq. Yd. Conc. Pavement - Rem. & Rep. w/10" Conc. @ 47.00 = 16,417.10 160 Tons A.C. Surface Course @ 41.80 = 6,688.00 50 Tons A.C, Leve]ingCourse @ 41.80 = 2,090.00 I3 Tons AsphaltTreatedBase(Patch) @ 38.00 ---- 494.00 19 Tons A.C. Hand Patching @ 100.00 ---- 1,900.00 125 Gal. Prime or Tack Coat @ 1.50 ---- 187.50 2 Each Manholes-RalseorLower @ 175.00 -- 350.00 2 Each Manholes - Ring & Cover @ 220.00 -- 440.00 112.1 L.F. Curb & Gutter - Rem. & Replace @ 13.00 -- 1,457.30 235.04 Sq. Ft. 4" Sidewalk Rem. & Replace @ 2.25 ---- 528.84 TOTAL CONSTRUCTION COST $30,798.24 Engineering Expense 4,789.37 Total Assessable Amount $35,587.61 All of which is assessed in proportion to special benefits conferred. Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hanunel, Klauer, Klueener, Kronfeldt. Nays--None. Communication of City Manager recommending approval to grant ex- tension of the Lease Agreement with Dubuque County Conservation Socie- ty for one year for the lease of River View Park, presented and read. Council Member Beurskens moved that the communication be presented and read. Council Member Deich seconded the motion. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt~ Nays--None. RESOLUTION NO. 294-83 Resolution Extending the Lease Agreement with the Dubuque County Conservation Society for River View Park for a Period of One Year. WHEREAS, a lease agreement was enteredinto between the City Of Dubu- que. Iowa and the Dubuque County Conservation Society on June 27, 1983 432 for the lease of River View Park, and WHEREAS, there is provision in the lease agreement that by mutual agreement of the parties the lease is renewable at the end of each year for a one year period, and WHEREAS, the Secretary of Dubu- que County Conservation Society hes submitted a letter to the City dated October 12, 1983 requesting an extort- sion of the lease for one year. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the lease agreement between the City of Dubuque, Iowa and Dubuque County Conservation Society be extended for a period of one year from June 27, 1984 through June 26, 19S5. Passed, adopted and approved this 19th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesuer, Kronfeldt. Nays--None. Communication of City Manager recommending acceptance of Quit Claim Deed for Asbury Sewage Meter- lng station location, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following voto~ Yeas Maynr Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt, Nays--None. RESOLUTION NO. 295-83 WHEREAS, the City of Dubuque, Iowa has acquired the real estate hereinafter described from the City of Asbury, Iowa, and WHEREAS, said City has delivered a Quit Claim Deed conveying real estate to the City of Dubuque, Iowa described as Lot i of The SW¼ of the NEY4, of Section 20, Township 89 N, Range 2 East of the 5th P.M. in the Ci- ty of Dubuque, Iowa, and WHEREAS, said delivery of deed dated May 25, 1983 by said City to tho Special Session, December 19, 1983 City of Dubuque, Iowa should be ac- copted. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF .THE CITY OF DUBUQUE, IOWA. Section 1. That the delivery ora Quit Claim Deed by the City of Asbury, dated May 25, 1983 conveying to the City of Dubuque, lowa the hereinabove described real estate be and the same hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder together with aeer. tiffed copy of this Resolution~ Section 3. That the City Clerk be and is hereby directed to forward a cer- tiffed copy of the Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, adopted and approved this 19th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Bsurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Bsurskens, Deich, Hammal, Klauer, Klueener, Kronfeldt. Nays--None. Communication of City Manager recommending acceptance of Warran- ty Deed for portion of public alley im- mediately north of Hillerest Road, presented and read. Council Member Hummel 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, Hummel, Klauer, Kluesuer, Kronfeldt. Nays--None. RESOLUTION NO. 296-83 WHEREAS, the City of Dubuque, Iowa has acquired the real estate hereinafter described from Richard L. ~pert, Frances A. Leppert and arab L. Kennedy, and WHEREAS, said persons have delivered warranty deed conveying real estate to the City of Dubuque, Iowa described as Lot 2 of i of Block 1 of Sunset Park #3 in the City of Dubu- que, Iowa, and Special Session WHEREAS, said delivery of deed dated September 22, 1983 by said per* sons to the City of Dubuque, Iowa should be accepted. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA. Section L That the delivery ora war- runty deed by Richard L. Leppert, Frances A. Leppert and Deborah L. Kennedy dated September 22, 1983 conveying to the City of Dubuque, Iowa the hereinabove described real estate be in the same as hereby ac- cepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said warranty deed to be record- ed in the office of the Dubuque County Recorder together with certified copy of this resolution. Section 3. That the City Clerk be and is hereby directed to forward a certified copy of the resolution to the Dubuque City Assessor and the Dubu- que County Auditor. Passed, adopted and approved this 19th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hummel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfaldt. Nays--None. Communication of City Manager re- questing Mayor to execute an Agree- meat with Iowa D.O.T. on a right-of, way assurance statement for Federal Aid Projects, presented and read. Council Member Klauer moved that the conununication be received and iii- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady. Council Members Bsurskens, Deich, Hammal, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 297.83 Resolution to Authorize the Mayor to Execute an Agreement with the Iowa Department of Transportation on Right-Of-Way Assurance Statement for Federal Aid Projects WHEREAS, the Iowa Department of Transportation has requested the December 19, 1983 433 City to execute an agreement stipulating that the City will comply with the 1970 Uniform Relocation Assistance in Land Acquisition Policy Act on Federal Aid to Transportation Projects, and WHEREAS, such a statement must be on file with the Iowa Department of Transportation in order for the City to be in compliance with Federal Aid Pro- jecta for transportation purposes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF TIlE CITY OF DUBUQUE, IOWA. Section 1. That the Mayor be authorized to execute an assurance agreement with the Iowa Department of Transportation stipulating that the City of Dubuque will comply with Federal regulations relative to the ac- quisition of property for transporta- tion purposes, for which Federal funds are involved. Passed, adopted and approved this 19th day of December, 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, Delch, Hammal, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager re- questing approval of Supplement No. 19 to the Code of Ordinances, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Klueener, Kronfeldt. Nays--None. RESOLUTION NO. 298-83 Adopting Supplement Number 19 to the Code of Ordinances of the City of Dubuque, Iowa WHEREAS, under date of November 16, 1981. the City Council, pursuant to Ordinance 63-81, readopted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including March 10, 1981; and WHEREAS, since March 10, 1981, 434 the City Council of the City of Dubu- que, Iowa, has adopted certain or- dinances amending the Code of dinances and said amendments have been printed as suppizments to the Code of Ordinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that sup* plements, by resolution, become part of the Code of Ordinances. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE IOWA: Section L That Supplement No. 19 to the Code of Ordinances of the City of Dubuque, lowa, covering ordinances adopted by the City Council by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, adopted and approved this 19th day of December, 1983. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Cable Regulatory Commission submit- ting recommendations regarding Group W Cable's Rate Increase re- quest, presented and read. Council Member Klauer moved that the com- munication be received and filed and approved recommendation (no addi- tional increase at this time). Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager recommending denial of rate increase as requested by Group W Cabk presented and read. Council Member Klauer moved that the communication be received and fil- ed and approved recommendation. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Special Session, December 19, 1983 Members Banrskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Group W requesting Council to table any action on their rate application, presented and read. Attorney Leo McCarthy and Judy Petorson, representative of Group W addressed the Council and spoke to the petition. Requested to table until January 16, 1984 so as to address the accounting request delay in order to address fair and reasonable decision. Council Member Deich moved to table the issue to the meeting of January 16, 1984 as requested by Group W. MOTION DIED FOR LACK OF A SECOND. Council Member Klaner moved that the petition be received and filed. Seconded by Council Member Beur- skens, Carried by the following vote: Yeas--Mayor Brady, Council ¥Iembers Beurskens, Deich, Hummel, Klauer, Kluesner. Nays--Canncll Member Kronfeldt. RESOLUTION NO. 299.83 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled 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 C{ty. Crane Enterprises, Inc. The Lamplighter Lounge 253 Main St. Passed, adopted and approved this 19th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moyed adoptiofi of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskans, Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 300-83 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 oe. cupizd by such applicants were in- spected and found to comply with the Ordinances of this City and have filed Special Session proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to causo to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Local 94, UAW 3450 Central Ave. (Also Sunday Sales) CLASS "C" BEER PERMIT Earl Tegeler 2311 Windsor Ave. (Also Sunday Sales) Passed, adopted and approved this 19th day of December, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskans. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deizh, Hammsi, Klauer, Klueener, Kronfeldt. Nays--None. RESOLUTION NO. 301-83 WHEREAS, Applications for qunr Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances 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 James E. Bauer 2116 Central Ave. Crane Enterprises, Inc. 253 Main St. Linda Robinson & Jon Atkinson 2327 Central Ave. Augellna A. Bertollni 1298 Main Street (Also Sunday Sales) Joseph F. Bizile 2600 Central Ave. December 19, 1983 435 665 Dodge St, (Also Sunday Sales) Norene J. Millman 601 Rhomberg Ave. (Also Sunday Sales) MiNa, Inc. 2620 University Ave. David A. Unge 2987 Jackson St. (Also Sunday Sales) Passed, adopted and approved this 19th day of December, 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, Deich, Hummel, Klauer, Klueener, Kronfeldt. Nays--None. Printed Council Proceedings for months of July and August, 1983, presented for approval. Council Member Kronfeldt moved that the proceedings be approved as printed. Seconded by Council Member Klaner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klueener, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Commission of 11-22; Dock Commls- sion of 11-16; Housing Commission of 11-22; Human Rights Handbook Sub- committee of 11-19; Park & Recreation Commission of 11-8 & 11-14; Public Library Board of 11-1; Civil Service Coramieeion of 9-21 & 11-3; Zoning Board of Adjustment of 11-17; Mechanical Board of 12-6; Planning and Zoning Commission of 11-2; )resented and read. Council Member Kronfeldt moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. 436 Special Session, December 19,1983 Proof of publication, certified to by the Publisher, of List of Expenditures for month of October, 1983, presented and read. Council Member Kroafeldt moved that the proof of publication be recaiv- ed and filed. Seconded by Council Member Klaner, Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS AND SUITS: Gloria A. Fuller in est. amt. of $35.00 for personal injuries; Barbara Mayers in amt, of $243,10 for personal injuries; Larry Plein in unknown amt. for personal injuries; Fred Schubert in unknown amt. for personal injuries; Paula Trimble in unknown amt, for personal injuries; Pamela Healey in unknown amt. for personal injuries; Gerald M. Nadermann in amt. of $542.35 for personal injuries and com- pensation, presented and read. Council Member Kronfeldt moved that the claims and suits be referred to the Legal Staff for investigation report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurekens, Deich, Hammel, Klauer, Kluesner, Kroafeldt, Nays--None. Communication of Legal Counsel recommending denial of the following claims: Tony Kuhle, Arnold W. Fritsch, Jr., Hilda Welcbert, presented and read. Council Member Kronfeldt moved that the communication be received and filed and denials approved. Seconded by Council Member Klaner. Carried by the fonowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klanar, Kluesner, Kronfeldt. Nays--None. Communication of LegalStaff advis- ing lawsuit flied by Daniel and Jeremy Nichols has been dismissed. Coundl Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klnaer. Carried by the foilow- /ng vote: Yeas--Mayor Brady, Council Members Beurskens, Daich, Hammeli K]auer, Klnasner, Kroafeldt. Nays--Nona. Communication of Irennas B. Weydert submitting a suggestion for the use of the vacant 2 1/2 block located downtown, presented and read. Council Member Kronfaldt moved that the communicati6n be received and filed. Seconded by Council Member Klauer. Carried by the foilow- ing vote: Yoas--Mayor Brady, Council Mombere Beurskeas, Daieh, Hammal, Klauer, Kluesner, Kroafeldt. Nays--None. Communication of Dean A. Miller submitting his resignation from the Human Rights Commission, presented and reed. Council Member Kronfeldt moved that the communication be received and filed and resignation accepted with regret. Seconded by Council Member Klaner. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of Retired Senior Volunteer Program requesting to be considered in the upcoming budget and requesting the City ailocate $3,000 to their organization, presented and read. Council Member Kronfeldt moved that the communication be referred to Budget. Seconded by Council Member Klauer. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Beureknas, Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. Communication of Father William C. Kunech, Pastor of St. Patrick's Church requesting reconsideration be given regarding the removal of traffic signals at the corner of 15th & Central as proposed several weeks ago (peti- tion containing 250 signatures attach- ed), presented and read. Council Member Krenfeldt moved that the communication be received and filed and delete this from the pro- ject previously presented. Seconded by Council Member Beurekens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Bearekens, Deich, Hammel, Khesner, Kronfaldt. Nays--Council Member Klaecr: Special Sessiou Communication of City Manager submitting reports of Finance Direc- tor and City Treasurer for month of November, 1983, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the renew- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Krnafeldt. Nays--None. Communication of Office for Plann- ing and Programming advising City has tentatively been approved for a $250,000 loan for the ARC Project from the Iowa Communit~ Develop- ment Loan Program, prese~nted and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurekens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Office for Plnan- ing and Programming regretfuily in- forming the City that our Airport Of- rice application did not rate high enough on the Iowa Community Development Loan Program for fun- ding, presented and read. Council Member Bearekens moved that the communication be received and filed. Seconded by Council Member Hannnel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting response to complaint to James Geatzinger regarding the Hous- ing Department Inspectors, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klaner. Carried by the foilow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, December 19, 1983 437 Klauer, Kinesner, Kronfoldt. Nays--None. Communication of City Manager submitting response to request of Dr. W. C. Neumeister and recommending denial of his request, presented and read. Mr. Neumaister spoke to the com- munication. Council Member Beurskens moved that the communication be received and filed and concurred with the reconunended denial. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of Iowa D.O.T. sub- mitting notification of proposal to let a wing dam construction project in con- junction with the Primary Road Number 561 City Island Bridge located within the City located near the west end af this structure, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the foilow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinecner, Kronfeldt. Nays--None. There being no further business, Council Member Krenfeldt moved to adjourn. Seconded by Council Member Hammel. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluecnar, Kronfeldt. Nays--Council Member Klnaer. Mary A. Davis City Clerk Approved .1984 Adopted .1984 Mayor 438 Special Session, December 19, 1983 Counc'd Members ATTEST: Cil;y Clerk