1986 December Council ProceedingsRegular Session
Members Deichi Kluesnor, Krieg,
Kronfeldr, Manning, Simon.
Nays--None.
· Corporation Counsel submitting rul-
ing in the Telegraph Herald case re-
,questing minutes of the Dubuque Rac-
ing Association Meetings, presented and
read. Council Member Manning moved
that the communication be received and
filed. Seconded by Council Member
Kmnfoodt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Wm. Blum, City
Solicitor, recommending settlement of
claim filed by Micheile Cole, in the
amount of $2000, presented and road·
Council Member Kranfeldt moved that
the communication be received and fil-
ed and approved settlement with
Finance Director to issue the proper
checks. Seconded by Council Membe.
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kineaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
At 11:01 P.M., Council Member
Simon moved that this Council Meeting
be recessed until 7:00 P.M. on Tuesday,
November 18th in the Library
Auditorium. Seconded by Council
Member Kluesnor. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Recessed Session, November 18, 1986
of November 17, 1986.
Council met at 7:03 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Krieg, Kronfeldt, Manning,
Simon, City Manager W. Kenneth
Gearhart.
Absent at Roll Co01: Council Member
Klueaner.
Absent: Council Member Deich.
Council Member Kluesner entered the
Chambers at 7:07 P.M.
Communication of Cit,- '
November 17, 1986
~ents regarding discussion
for ~luest of "Worksessinn', presented
and read. Following discussion and
put, Council Member Manning moved
that the communication be received and
filed and accept the recommendations
with modifications. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Kranfeldt,
Manning, Simon. Nays--None.
Absant--Canncil Member Deich.
There being no further business, Coun-
cil Member Manning moved to adjourn.
Seconded by Council Member Kranfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kinesner, Krieg, Kranfeldt,
Manning, Simon. Nays--None.
Absent--Canncll Member DOOch.
Meeting adjourned at 8:53 P.M,
Mary A. Davis
City Clerk
Approved --~ 1987
Adopted 1987
Mayor
Council Members
ATTEST:
City Clerk
Regular Session, December 1, 1986
~ ORDINANCE NO. 94-86
AN ORDINANCE OF THE CITY OF
0~:[:[C[~L DUBUQUE, IOWA, PROVIDING
Regular Session, December 1, 1986. THAT THE CODE OF ORDINANCES,
Council met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindahl.
Absent: Council Members Deich,
Kronfeldt.
Mayor Brady read the call and stated
this meeting in the REGULAR MON-
THLY MEETING of the City Council
called for the purpose to act upon such
business which may properly come
before the Council.
The Invocation was given by Rev.
Ron Couch, Pastor of hmuanuel United
Church of Christ.
Council Member Manning moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kinesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Proof of publication, certified to by the
publisher, on Notice of Public Hearing
to reclassify property located west of
J.F. Kennedy Road and one lot north of
Foothill Road from OR to OS; Com-
municatian of Our Redeemer Lutheran
Church supporting the zoning proposal
subject to some conditions, presented
m~d read. Dick M~I~c of Our ~cdeem~r
Lutheran Chm'eh addressed the Coun-
cil and stated specific requests. Bob
Klauer, owner of property and Bob
Neuwoehner, developer of property, re-
quested favorable zoning and respond-
ed to specific queries. Council Member
Simon moved that the proof and com-
munication be received and filed.
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLASSI-
FYING PROPERTY LOCATED WEST
OF J.F. KENNEDY ROAD AND ONE
~ NORTH OF FOOTHILL ROAD
?ROM OR OFFICE RESIDENTIAL
DISTRICT TO OS OFFICE SERVICE
DISTRICT, said Ordinance having been
presented at the meeting of November
17, 1986, presented for final adoption.
Council Member Simon moved final
adoption of the Ordinance. Seconded by
Council Member Manning. Carried by
vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
ORDINANCE NO. 94-86
kN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OtI~DI-
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 WEST OF
J.F. KENNEDY ROAD AND ()NE
LOT NORTH OF FOOTHILL ROAD
423
Regular Sessio~
amendment has heretofore been
approved by the Plai]ning and Zoning
Colnmissim~ of the City of Dubuque,
PASSED, ADOPTED AND
APPI~OVED tiffs 1st day of Decem-
ber, 3986.
James E. Brady
Mayor
ATTEST:
Mm'y A. Davis
City Clerk
Published officially in the Telega'aph
Herald newspaper this 8th day of
December, 1986.
Mm'y A. Davis
City Clerk
It 12/8
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider vacation and release of an 8
foot wide sanitary sewer easement in the
proxir~ity of 3199 University, presented
and read. There were no written objec-
tions received and no oral objectors pre-
sent at the time of the Heating. Coun-
cfi Member Khiesner moved that the
proof o~ publication be received and fil-
ed. Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich
Kronfeldt.
RESOLUTION NO. 253-86
WHEREAS, pursuant to Resolutinn
and published notice of time and place
of hearing, posted in the Telegraph
Herald, a newspaper of general circula-
tion published on November 21, 1986 in
the City of Dubuque, Iowa; the City
Council of the City of Dubuque, Iowa,
met on the 1st day of December, 1986
at 7:30 o'clock p.m. (in the Public
Library Auditorium) to consider the
vacation and release of an eight-foot
wide sanitary sewer easement granted
to the public relating and effecting Lot
2 of "Sara S. & Edward Barrels Place
in Center Grove", in Mineral Lot 243 in
the City of Dubuque, Iowa, all as shown
on the plat flied January 16, 1970, in
Book 34, page 102, in the office of the
Recorder of Dubuque County, Iowa; and
WHEREAS, the City Council of the
City of Dubuque, Iowa deems it in the
best interest of the public that said
Release and Vacation be granted and
December 1, 1986
that said easement be abandoned to the
proprietor.
NOW, THEREFORE, be it resolved
by the City Council of the City of Dubu-
Section 1: That the proposal to vacate
and release an eight-foot wide sanitary
imate center of Lot 2 of "Sara S. & Ed-
ward R. Barrels Place in Center Grove",
in Mineral Lot 243 in the City of Dubu-
the abandonment of said easement be to
the proprietor and the same is hereby
approved.
Section 2: That the Mayor and City
Clerk be and they are hereby empowered
the releasing of said easement, including
this Resolution, and the Mayor and Ci-
ty Clerk are hereby empowered to cer-
tify this Resolution.
Section 3: Thee the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the offices of
the Dubuque County Recorder, Auditor
Passed, adopted and approved this 1st
day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
, Council Member Simon. Carried by the
fallowing vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to provide for a text amendment in the
Zoning Ordinance by deleting the tem-
porary use of Asphalt or Concrete Batch
Plants in the LI Light Industrial
District, presented and read. Tbere were
no written objections received. Dave
Setter on behalf of Spahn & Rose
Lumber Co. and Mike Coyle, on behalf
of Flynn Co., spoke to the matter. Court-
cil Member Kluesner moved that the
proof of publication be received and fil-
ed. Seconded by Council Member Man-
ning. Carr ed by the £alinwing vote:
Regular Session, December 1, 1986
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Canncil Members Deich,
Kronfeldt.
AN ORDINANCE providing that the
Code of Ordinances, be mnended by
revising Appendix A thereof, also
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa" by repealing Section 3-4.1E (1) by
deleting the temporary use of Asphalt
Batch Plants in the LI Light Industrial
District, said Ordinance having been
previously presented and read at the
Council meeting of November 17, 1986,
presented for final adoption. Council
Member Simon moved final adoption of
the Ordinance. Seconded by Council
Member Manning. Vote on the motinn
was as follows: Yeas--None.
Nays--Mayor Brady, Council
Members Kluesner, Krleg, Manning,
Simon.
Absent--Council Member Dalch~
Kronfeldt.
MOTION FAILED.
Council Member Krieg moved that to
refer this Ordinance back to the plann-
ing and Zoning Commission for other
alternatives. Seconded by Council
Member Manning. Can, led by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krleg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfaldt.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on intention to issue Industrial Develop-
ment Revenue Bonds (Swiss Valley
Farms Project), presented and read.
There were no written objections receiv-
ed and no oral objectors present at the
~ime of the Hearing. Council Member
Kluesner moved that the proof of
publication be received and filed.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Khiesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
RESOLUTION NO. 254-86
RESOLUTION RATIFYING,
CONFIRMING AND APPROVING
PUBLICATION OF NOTICE OF
PUBLIC HEARING AND RELATING
TO HOLDING OF A PUBLIC
HEARING AND RESOLUTION
APPROVING PROCEEDING WITH
THE ISSUANCE AND SALE OF
NOT TO EXCEED $5,200,000
AGGREGATE PRINCIPAL AMOUNT
OF FLOATING RATE WEEKLY
DEMAND INDUSTRIAL DEVELOP-
MENT REVENUE BONDS (SWISS
VALLEY FARMS CO., INC.
PROJECT) SERIES 1986, OF
THE CITY OF DUBUQUE, IOWA.
WHEREAS, the City of Dubuque, a
municipal corporation of the State of
Iowa (the "Issuer"), is authorized by
Chapter 419 of the Iowa Code, as amend-
ed (the "Act"), to issue revenue bonds
for the purpose of defraying the cost of
acquisition of land, buildings, im-
provements and equipment suitable for
use by the Company for its manufactur-
ing, processing or assembling of
agricultural or manufactured products
(tbe "Project"), and to loan the proceeds
from the sale of such revenue bonds, put-
Valley Farms Co., Inc., an Illinois cor-
potation (the "Borrower"), to be used for
the aforesaid purposes; and
WHEREAS, said Project will create
additional employment opportunities for
residents of the Issuer and the surroun-
ding area; will enhance the tax base of
the Issuer and overlapping taxing
jurisdictions amt will provide and induce
other public benefits flowing fi-om the
conducting of increased industrial opera-
tions which will add to the welfare and
prosperity of the Issuer and its in-
habitants; and
WHEREAS, a notice of hearing on
the proposal to issue not to exceed
$5,200,000 aggregate principal amount
of Floating Rate Weekly Demand In-
dustrial Development Revenue Bonds
(Swiss Valley Farms Co., Inc. Project)
Series 1986, of the Issuer has been
published as required by law; and
WHEREAS, a public hearing has
been held at the time and place as
specified in said notice of hearing and
any and all objections or other com-
ments relating to such Bonds have been
heard and it is deemed to be in the best
interests of the Issuer that said Bonds
425
424
Regular Session,
December 1, 1986
be issued as proposed; and
NOW, THEREFORE, be it resolved
by the City Council of the Issuer as
follows:
Section L That the action of the City
Clerk, at the request of the Company, to
set a public hearing on December 1, 1986
at 7:30 o'clock P.M.., before this City
Council in the Public Library
Auditorium in the City of Dubuque,
Iowcs on the proposal to issue not to ex-
ceed $5,200,000 in aggregate principal
amount of the Issuer's Floating Rate
Weekly Demand Industrial Develop-
ment Revenue Bonds (Swiss Valley
Farms Co., Inc. Project) Series 1986,
shall be and hereby is ratified, confirm-
ed and approved.
Section 2. That the form of Notice of
Public Hearing on Intention to issue the
Bonds, which was published in the
Telegraph-Herald on November 13, 1986,
a legal newspaper published and having
a general circulation within the Issuer,
is hereby ratified, confirmed and
approved.
Section 3. That it is hereby determin-
ed tkat it is necessary and advisable that
tke Issuer proceed with the issuance of
its Floating Rate Weekly Demand In-
dustrial Development Revenue Bonds
(Swiss Valley Farms Co., Inc. Project)
Series 1986 (the "Bonds "), in an amount
not to exceed $5,200,000, as authorized
and permitted by the Act, and to loan
the proceeds of the sale of the Bonds to
the Borrower all upon terms and condi-
tions mutually satisfactory to the Issuer
and the Borrower
Section 4. Tkat at the public hearing
conducted by this City Council, in acco~
dance with the provisions of Section
419.9 of the A ct and Section 147 (19 of the
Internal Bevenue Code of 1986, as
amended, pursuant to published notice,
all persons who appeared were given an
opportunity to express their views for
or against the proposal to issue said
Bonds.
Section 5. That it is hereby determin-
ed that any and all objections to the is-
suance of said Bonds are hereby overrul-
ed and this City Council shall proceed
with the necessary proceedings relating
to the issuance of said Bonds upon
reasonabie advance ru~tice from the Bo~
rower that satisfactory financing torres
have been agreed upon with the propos-
ed purchasers and the required documen-
ration has been prepared by Bond Coun-
scl, and approved by all other parties,
including the Issuer's Attorney.
Section 6. That said Bonds, if issued,
and the interest thereon, will be payable
solely out of the revenues derived from
the financing of said project and shall
never constitute an indebtedness of the
Issuer, within the meaning of any state
constitutional provision, or statutory
limitation, and shall not constitute nor
give rise to a pecuniary liability of said
Issuer, or a charge against its general
credit or taxing powers.
Section 7. All Resolutions and Orders
or parts thereof, in conflict herewith are,
to the extent of such conflict, hereby
repealed and this Resolution shall be in
full force and effect immediately upon
its adoption.
Adopted and approved December 1,
1986.
City of Dubuque, Iowa
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
RESOLUTION NO. 255-86
RESOLUTION AUTHORIZING THE
ISSUANCE OF $5,200,000 IN AG-
GREGATE PRINCIPAL AMOUNT OF
THE CITY OF DUBUQUE, IOWA,
FLOATING RATE WEEKLY DE-
MAND INDUSTRIAL DEVELOP-
MENT REVENUE BONDS (SWISS
VALLEY FARMS CO., INC. PRO-
JECT), SERIES 1986, WITH THE
PROCEEDS FROM THE SALE OF
THE BONDS TO BE LOANED TO
SWISS VALLEY FARMS, CO., INC.,
FOR THE PURPOSE OF FINANCING
ALL OR A PORTION OF TIlE COST
OF THE ACQUISITION OF LAND,
IMPROVEMENTS AND EQUIPMENT
SUITABLE FOR USE BY THE COM-
PANY FOR ITS MANUFACTURING,
PROCESSING OR ASSEMBLING OF
AND MANUFAC-
TURED PRODUCTS; THE EXECU-
TION AND DELIVERY OF AN
426
Regular Session, December 1, 1986
INDENTURE BY AND AMONG THE
ISSUER AND THE TRUSTEE; THE
EXECUTION AND DELIVERY OF A
LOAN AGREEMENT BY AND
AMONG THE ISSUER AND THE
COMPANY, ALL AS HEREINAFTER
DEFINED; THE SALE OF SAID
BONDS; THE USE OF AN OFFICIAL
STATEMENT; APPOINTMENT OF
THE TRUSTEE, THE INDEXING
AGENT AND THE REMARKETING
AGENT; AND RELATED MATTERS.
WHEREAS, the City of Dubuque,
Iowa, a municipal corporation of the
State of Iowa (the "Issuer"), proposes
to issue its Floating Rate Weekly De-
mand Industrial Development Revenue
Bonds (Swiss Valley Farms, Co. Project)
Series 1986, in the aggregate principal
amount of $5,200,000 (the "Bonds")
with the proceeds from the sale of the
Bonds to be loaned by the Issuer to
Swiss Valley Farms, Co., an Illinois cor-
poration (the "Company"), for the pur-
pose of defraying the cost of acquisition
of land, buildings, improvements and
equipment suitable for use by the Com-
pany for its manufacturing, processing
or assembling of agricultural or
manufactured products located at 3510
Central Avenue, Dubuque, Iowa (the
"Project"), the Project to be owned and
operated by the Company, with the
financing of the Project to be under-
taken in accordance with the provisions
of Chapter 419 of the Code of Iowa (the
"Act"); and
WHEREAS, the Bonds are to be
issued pursuant to provisions of this
Resolution and an Indenture (the I -
denture") dated as of December 1, 1986,
between the Issuer and United States
Trust Company of New York, New
York, New York, as Trustee thereunder
(the "Trustee"); and
WHEREAS, the proceeds fi'om the
sale of the Bonds are to be loaned by the
Issuer of the Company pursuant to pro-
visions of a Loan Agreement (the
"Agreement") dated as of December 1,
1986, between the Issuer and the Com-
pany; and
WHEREAS, pursuant to the Loan
Agreement, the Company will make
payments in anmunts equal to the prin-
cipal of, premium, if any, and interest
on the Bonds, which payments will be
assigned by the Issuer of the Trustee
pursuant to the Indenture; and
WHEREAS, as security for the
payments of principal of and a certain
of accrued interest on
r has obtained an
Irrevocable Letter of Credit (the "Let-
ter of Credit") from Cooperatieve Cen-
trale Ralffeisen-Boerenleenbank B.A.
(the "Bank") in favor of the Trustee
which authorizes the Trustee to request
draws under the Letter of Credit in the
amount necessary to pay the principal
of and a certain nmnber of days of ac-
interest on the Bonds; and
WHEREAS, as additional security
for payment of the Bond and the Com-
pany's obligation s under the Letter of
Credit and Reimbursement Agreement
dated as of December 1, 1986 by and
between tbe Bank and the Company, the
Company has agreed to execute a Real
Estate Mortgage and Security Agree-
ment {the "Mortgage") dated as of
December 1, 1986, between the Com-
as the mortgagor, and the Trustee
and the Bank, as the mortgagees,
thereunder, pursuant to which the Com-
pany grants and conveys to the Trustee
and the Bank a first mortgage lien in the
real estate described in the Mortgage
and a first security interest in the fix-
tures and improvements acquired with
the proceeds of the Bond, subject to Per-
mitted Encumbrances, as defined in the
Loan Agreement and such other col-
lateral as may be described therein; and
WHEREAS, the rights and interest
of the Issuer in and to the Agreement
will be assigned by the Issuer to the
Trustee pursuant to the Indenture; and
WHEREAS, the Bonds will be pur-
chased by E.F. Hutton & Co. Inc., Des
Moines, Iowa {the "Underwriter"); and
WHEREAS, there has been presented
to tltls meeting the following documents,
proposes to enter into:
1. The form of Agreement by and
among the Issuer and the Company; and
2. Tbe form of Indenture between the
Issuer and the Trustee setting for rix the
terms of the Bonds including (without
limitation) the maturity date or dates,
or rates of interest and redemption
provisions, and the conditions and
security for payment of the Bonds; and
3. The form of Inducement Letter (the
"Inducement Letter"), from the Com-
pany, respectively, to the Issuer and the
Underwriter; and
4. The form of a Preliminary Official
Statement and final Official Statement
relating to the Bonds (collectively refer-
red to as the "Official Statement") us-
ed by the Underwriter in the sale of the
427
Regular Session, December 1, 1986
Bonds; and
5. The form of Bond purchase Agree-
ment (the "Bond Purchase Agreement")
by and between the Underwriter, the
Company and the Issuer relating to the
issuance, sale and purchase of the
Bonds; and
6. The form of Investment Restriction
Agreement dated as of December 1,
1986 (the "Investment Restriction
Agreement"), by and among the Issuer,
the Company and the Trustee.
7. The form of the Bonds, as set forth
in the Indenture; and
8. The form of Letter of Credit.
WHEREAS, it appears that each of
the instrmnent s above referred to, which
are now each of the Council Mer~b?rs of
the City Council of the Issuer, ~s ~n ap-
propriate form and is an appropriate in-
strument for the purposes intended;
NOW, THEREFORE, be it resolved
by the City Council of the Issuer as
follows:
Section 1. That the Issuer defray all
or a portion of the cost of financing the
acqulsition of land, buildings, im-
provements and equipment suitable for
use by the Company for its manufactu~
lng, processing or assembling of
agricultural or manufactured products
(~the "Proieet") by issuing the Bonds and
aning ~the proceeds of the sale of the
Bonds to the Company, which Project
qualifies under the Act for financing
with the proceeds of the Bonds and
which Project will promote the health,
safety, general welfare and prosperity of
the inhabitants of the city in which the
Project is located and surrounding eh-
virons, and of the State of Iowa and
otherwise promote the public purposes
set forth in the Act.
Section 2. That in order to finance the
cost of the Project, the issuance of the
Bonds in the aggregate principal
amount of $5,200,000, maturing on such
date or dates, in such amounts and bear-
ing the rate or rates of interest as set
forth in the Indenture with such initial
rate of interest for tho first interest
period to be approved, confirmed and
certified by the Mayor and/or City Clerk
at a rate not to exceed ten percent (10%)
per annum, in substantially the form and
content set forth in the Indenture now
before this meeting, subject to ap-
propriate insertion and revision in order
to comp y with provisions of the Inden-
ture, be and the same hereby are n all
respects authorized, approved and con-
and the form and content of the
Bonds set forth in the Indenture now
before this meeting be and the same
hereby are in all respects authorized, ap-
and the
Mayor and/or City Clerk (the "Issuer Of-
I are authorized, empowered and
directed to execute, whether by manual
or facsimile signatures, impress the of-
the Issuer (or cause to have
thereon and
leliver for and on behalf of the Issuer the
: to the Trustee forauthentication
and the Trustee is hereby authorized and
directed to authenticate the Bonds, and
the provisions of the Indenture with
respect to the Bonds (including without
limitation the maturity date or dates,
ntorest and redemption
,visions) be and the same hereby are
I and
~re incorporated herein by reference.
Section 3. That the Issuer loan to the
Company, pursuant to the Agreement,
to be used to finance all or a portion of
the costs of the Project which Agree-
ment provides for repayment by the
Company of an amount equal to prin-
clpal of, premium, if any, and interest on
the Bonds when and as due and the form
and content of the Agreement, the pro-
visions of which are incorporated herein
by reference, be and the same hereby are
in ali respects authorized, approved and
confirmed and the Issuer Officials be
and they hereby are authorized, em-
powered and directed to execute, attest,
seal and deliver the Agreement prior to
or simultaneously with the issuance of
the Bonds for and on behalf of the
Issuer, including necessa~W counterparts
in substantially the form and content
now before this meeting but with such
d~ar. ges, modifications, additions or
deletions therein as shall to them seem
necessary, desirable or appropriate, their
execution thereof to constitute con-
cluslve evidence of their approval of any
and all changes, modifications, additions
or deletions therein from the form and
content of the Agreement now before
~is meeting, and that from and after the
raent, the t~saer Offir:i~I~ ~r. lwrch¥
authorized, empowered and directed to
do all such acts and things and to ex-
the provisions of the Agreement as
Company of New York, New York, New
Regular Session,
December 1, 1986
York is hereby appointed Trustee under
the Indenture and the form and content
of the Indenture, the provisigns of which
are incorporated herein by reference,
which provisions include, but are, not
limited to, the appointment of
Bemarketing Agent and the assignment
of the Issuer's rights and interest in and
to the Agreement (with certain excep-
tions as stated in the Indenture) be and
the same hereby are in all respects
authorized, approved and confirmed, and
the Issuer Officials be and they hereby
are authorized, empowered and directed
to execute, attest, seal and deliver the
Indenture for and on behalf of the Issuer
to the Trustee for the security of t!~e
Bonds and the interest thereon, zn-
eluding necessary counterparts in
substantially the form and content now
before this meeting but with such
changes, modifications, additions and
deletions therein as shall to them seem
necessary, desirable or appropriate, their
execution thereof to constitute con-
clusive evidence of their approval of any
and all changes, modifications, additions
or deletions therein from the form and
content of the Indenture now before this
meeting, and that from and after the ex-
ecution and delivery of the Indenture,
the Issuer Officials are hereby authoriz-
ed, empowered, and directed to do all
such acts and things and to execute all
such documents as may be necessary to
carry out and comply with the provb
sions of the Indenture as executed.
Section 5. That the sale of the Bonds
to the Underwriter subject to the terms
and conditions set forth in the Bond pur~
chase Agreement, is hereby authorized,
approved and confirmed, and that the
form and content of the Bo nd Purchase
Agreement be and the same hereby are
authorized, approved ~ud ~l~, lii~d
the Mayor and the City Clerk be, and
they hereby are authorized, empowered
and directed to accept and deliver to the
Underwriter the Bond Purchase Agree-
ment for and on behalf of the City, in-
cluding necessary counterparts in
substantially the form and content now
before this meeting but with such
necessary, desirable or appropriate, their
execution thereof to constitute con-
clusive evidence of their approval of any
and all changes, modifications, additions
or deletions therein from the form and
content of the Bond Purchase Agree-
ment now before this meeting, and that
and after the execution and
~elivery of the Bond Purchase Agree-
ment, the Mayor and the CYty Clerk are
hereby authorized, empowered and
directed to do all such acts and things
and to execute all such documents as
may be necessary to carry out and corn-
, with the provisions of the Bond Pu~
chase Agreement as executed.
Section 6. That the purchase of the
Bonds by the Underwriter at the pur-
chase price of 98. 70% of the par value
thereof is hereby authorized, approved
and confirmed and the Issuer Officials
are hereby authorized, empowered and
directed to do all such acts and things
and to execute all such documents as
may be necessary to carry out the sale
of the Bonds to the Underwriter.
Section 7. That the form and content
of the Inducement Letter be and the
same hereby are authorized, approved
and confirmed and the Issuer Officials
be, and they hereby are, authorized, em-
powered and directed to accept the In-
ducement Letter for and on behalf of the
Issuer by execution thereof, including
necessary counterparts in substantially
the form and content now before this
meeting but with such changes.
modifications, additions or deletions
as shall to them seem necessary,
desirable or appropriate, their execution
thereof to constitute conclusive evidence
of their approval of any and all changes,
modifications, additions or deletions
therein from the form and content of the
Inducement Letter now before this
meeting, and that from and after the ex-
ecution and delivery of the Inducement
Letter, the Issuer Officials are hereby
authorized, empowered and directed to
do all such ac~s and things and to ex-
ecute all such documents as may be
necessary to carry out and comply_ with
Section 8. That the form and content
of the Investment ~estriction Agree-
ment be and the same hereby are
authorized, approved and confirmed and
the Issuer Officials be, and they hereby
are, authorized, empowered and directed
and on behalf of the Issuer, incluamg
the form and content now before this
modifications, additions or deletions
429
Regular Session, December 1, 1986
thereof to constitute conclusive evidence
of their approval of any and all changes,
modifications, additions or deletions
therein from the form and content of the
before this meeting, and that from and
after the execution and delivery of the
Investment Restriction Agreement, the
Issuer Officials are hereby authorized,
empowered and directed to do all such
acts and things and to execute all such
out and comply with the provisions of
the Investment Restriction Agreement
Section 9. That the Issuer Officials of
the Issuer be and they hereby are
authorized to execute and deliver for and
on behalf of the Issuer any and al! a.ddi-
or other papers and perform all other
acts (including without limitation and
filing of I.R.S. Form 8038, and the filing
of financing statements, if any, or any
a security interest on the properties and
revenues pledged or assigned under the
Indenture and the Agreement and the
execution of all closing documents as
may be required by Ahlers, Cooney,
Dorweiler, Haynie, Smith & Allbee, as
Bond Counsel, and the acceptance of any
documentation evidencing indemnifica-
tion of the Issuer by the Company ~n
templated hereby) as they may deem
plement and carry out the intent and
purposes of this Resolution.
Section 10. That the Agreement
quires the Company in each yeaqr to pay
amounts of principal of, premium, if any,
due, and the payment of such amounts
by the Company to the Trustee pursuant
to the Ag_reemfnt is. h~r~Oy authorized,
Section 11. That the Bonds are limited
obligations of the Issuer payable solely
out of the Bond proceeds, amounts re-
auired to be paid by the Company pu~
sions of the Agreement, and to the ex-
tent of principal and a certain number
of days of accrued interest, from draws
by the Trustee under the Letter of
Credit, and, as further provided in the
Indenture, and are secured pursuant to
and in accordance with provisions of the
Indenture, the Mortgage and the Letter
of Credit. The Bonds and interest
debtedness o for a charge either against
the Issuer, the State of lowa or any sub-
division thereof, within the meaning of
any constitutional or statutory debt
limit, or against the general credit or tax-
ing powers of the Issuer.
Section 12. That the use by the Under-
writer of the Official Statement in con-
nection with the sale of the Bonds is
hereby authorized and approved; provid-
ed, such authorization and approval
shall not be deemed to include authoriza-
tion and approval of information con-
~alned in the Official Statement other
than information contained under the
caption THE ISSUER but nothing
contained in this Resolution shall be con-
strued as prohibiting or limiting the
Underwriter and the Company from in-
cluding such information as they deem
appropriate.
Section 13. That the Issuer hereby
elects to have the provisions as to the
exempt small business limitation of
$10,000,0~0 under Section 144 (a) (4) (A)
of the Code, apply to the Bond, and the
Mayor or the City Clerk are hereby
directed to file or cause to be filed an ap-
statement relating to such
election with the Internal Revenue
Service.
Section 14. That the provisions of this
Resolution are hereby to be separ, a~le
and if any section, phrase or prowszon
shall for any reason be declared to be in-
valid, such declaration shall not affect
the validity of the remainder of the sec-
tions, phrases or provisions.
Section 15. All Resolutions and
Orders or parts thereof, in conflict
herewith are, to the extent of such con-
~ict, hereby repealed and this R~olu~on
shall be in full ~orce aha etie~ ~'
mediately upon its adoption.
Adopted and approved this 1st day of
City of Dubuque, iowa
James E, Brady
Mayor
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption ot the Resolution. Seconded by
Council Member Manning, Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krleg, Manning,
Simon.
Regular Session,
December 1, 1986
Absent--Council Members Deich,
Kronfeldt.
Communication of Assistant City
torney O'Brian requesting approval of
Indemnity Agreement with Swiss
Valley Farms and authorizing the
Mayor and City Clerk to execute the
Agreement, presented and read.
Council Member Kinesner moved that
the communication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
RESOLUTION NO. 256-86
RESOLUTION AUTHORIZING
THE EXECUTION AND DELIVERY
OF AN INDEMNITY AGREEMENT
BY AND BETWEEN SWISS VALLEY
FARMS CO., INC. AND
THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque, a
municipal corporation of the State
Iowa (City), has been requested to in-
demnify Swiss Valley Farms Co., Inc.
(Swiss Valley) for any costs it may have
to expend as a result of judgments and
inheritance tax ]~ens wl~ch appear in the
abstract of title to certain real estate,
which is the subject matter of an agree-
ment between the City and Swiss
Valley, all as more fully set forth in the
Indemnity Agreement attached hereto;
and
WHEREAS, the City is required by
agreement to provide Swiss Valley with
WHEREAS, Swiss Valley has raised
City of Dubuque, Iowa
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by ·
the following vote:
Yeas--Mayor Brady, Council
Members Kinesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Communication of City Manager sub-
documents providing for the
Construction of Offices for the Transit
Garage Operations, presented and read.
Council Member Kluesnor moved that
the communication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Kluesner, Krieg, Manning,
Simon. Nays--None.
Absent--Council Members Dalch,
Kronfeldt.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 257-86
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estimated
~ for the Construction of Offices for
the Transit Garage Operation, in the
estimated amount o~ $130,000.00, are
hereby approved and ordered filed in the
office of the City Clerk for public
Passed, adopted and approved this
day of December, 1986.
Jam~s E. Brady
Mayo~
ATTEST:
Mary A. Davis
City Clerk
adoption of the Resolution. Seconded by
Council Member Manrdng. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Kinesner, Krieg, Manning,
Simon.
Nays--None.
431
Regular Session, December 1, 1986
Absent--Council Members Deich,
Kronfeldt.
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
RESOLUTION NO. 258-86
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
rice o£ the City Clerk for public inspec-
tion of the Construction of Offices for
the Transit Garage Operation.
NOW, THEREFORE, BE IT
RESOLVED that on the 5th day of
January, 1987, a public hearing will be
held at 7:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for or
against the proposed plans and
specifications, form of contract and cost
of said improvement, and the City Clerk
be and is hereby directed to cause a
notice of time and place of such hearing
to be published in a newspaper having
general circulation in the City of Dubu-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the day fixed for its con-
sideration. At the hearing, any in-
terested person may appear and file ob-
jections to the proposed plans, specifica-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 1st
day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Khiesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
ORDERING BIDS
RESOLUTION NO. 259-86
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Construction of Offices for
the Transit Garage Operations is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accom-
pony each bid shall be in an amount
which shall conform to the provisions of
the notice to bidders hereby approved
as a part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Dubu-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the receipt of said bids at
2:00 p.m. on the 18th day of December,
1986. Bids shall be opened and read by
the City Clerk at said time and will be
~ubmitted to the Council for final action
at 7:30 p.m. on the 5th day of January,
1987.
Passed, adopted and approved this 1st
day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member I~luesner moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
;he following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Kriag, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Petition of Ruth Nash requesting to
address the Council regarding the
development of "Bed and Breakfast"
facilities in the community, presented
and read. Council Member Sin~on mov-
ed that the petition be received and fil-
ed and referred to the Planning and Zon-
lng Commission. Seconded by Council
Member Ktieg. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Khiesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Copies of communications fi'om cities
of Centralia, Holy Cross, and Sherrill
432
Regular Session, December 1, 1986
requesting repeal of Local Sales and Ser-
vices Tax, AND Communication of Ci-
ty Manager submitting Resolution pro-
viding for repeal of Local Option Sales
Tax, presented and read.
Council Member Simon moved that
the communications be received and ill-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfaldt.
RESOLUTION NO. 260-86
RESOLUTION CALLING AN
ELECTION ON THE REPEAL OF A
LOCAL SALES AND SERVICES TAX
IMPOSED IN SOME AREAS OF
DUBUQUE COENTY, IOWA.
WHEREAS, on November 4, 1986, at
the regular general election there was a
proposition relating to the imposition of
a local sales and services tax in the
amount of 1% throughout Dubuque
County, Iowa; and
WHEREAS, the said tax was passed
in Dubuque County, Iowa, and in the
communities of B alltown, Centralla, Ho-
ly Cross and Sherrili; and
WHEREAS, the local option sales
and services tax would have proved
beneficial to each of the communities
had it also passed in the City of Dubu-
que; and
WHEREAS, the City Council of
Dubuque, Iowa, has been requested by
representatives of those communities to
assist them in calling for an election on
the repeal of the local sales and services
tax in their communities; and
WHEREAS, pursuant to Chapter
422B, Code of Iowa, 1985 Supplement,
an election may be had respecting l~epeal
upon filing witii the County Commis-
sioner of Elections motions requesting
such, adopted by the governing bodies
within Dubuque County, Iowa, represen-
ting at least one-half of the population
of the County;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the County Commis-
sioner of Elections of Dubuque County
is hereby directed to give notice of and
conduct at the earliest opportunity a
special election for the purpose of
~ubmitting to the voters of the cities of
Balltown, Centralia, Hol~ Cross and
Sherrill, Iowa, the followingf~roposi~ion:
"To authorize the repeal of the local
s and service tax to be effective
March 31, 1986."
Section 2. That the City Clerk is
authorized and directed to provide a cer-
Hfled copy of this resolution to the Coun-
ty Commissioner of Elections of Dubu-
que County and to the County Board of
Supervisors of Dubuque County.
Section 3. That the City Council of
Dubuque, Iowa, in adopting this resolu-
~ion does under the condition that such
adoption does not prejudice the right of
~he city of Dubuque to petition the
Dubuque County Commissioner of Elec-
tions and the Dubuque County Super-
visors to call another election on the im~
position ora local sales and services tax
at a date yet to be determined.
Passed, approved and adopted this 1st
day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
City of Dubuque, Iowa
Council Member Krieg moved adop-
the Resolution. Seconded by
Council Member Manning. Carried by
tixe following vote:
Yeas--Mayor Brady, Council
Members Khiesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfaldt.
Communication of City Manager re-
; to declare the repairs to the Ice
Harbor Floodwall Gates as an emergen-
cy repair project AND Communication
of IIW Associates, Inc. recommending
a contract be awarded to States Con-
struction and Notices to Proceed be
issued as soon as possible to expedite
repairs on Floadwall Gates, presented
and read. Council Member Krieg mov-
ed that the communications be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
433
Regular Session,
December 1, 1986
Absent--Council Members Deich,
Kronfaldt.
RESOLUTION NO. 261-86
WHEREAS, the north side of the Ice
Harbor floodwall gate structure was
damaged on October 22, 1986; and
WHEREAS, it is necessary for the Ci-
ty to enter into a contract for repairing
the damage; and
WHEREAS, it is necessary that the
repair work be initiated prior to freez-
ing of the Mississippi River, and nmst
be completed by March 15, 1987 to be
ready for the 1987 spring floods.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the delay of public
advertising and a public letting could
cause serious loss or injury to che C/ty.
Section 2. That the City Council
deems the emergency repair of the Ice
Harbor gate structure to be advisable
and necessary for the public welfare.
Section 3. That the City Manager is
hereby authorized and directed to enter
into a contract with States Construction
Company of Des Moines, Iowa in the
amount of $31,333.00 for the necessary
repairs.
Passed, approved and adopted this let
day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Councit
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfaldt.
Communication of City Manager sub-
mittlng Ordinance to formally record slx
Parks and Recreation tvaciliti~
City Code of Ordinances, presented and
Council Member Kluesner moved that
the communlcatinn be received and fib
ed. Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
An ORDINANCE Amending the
Code of Ordinances by enacting new
Sections 27-116 through 27-121 thereof
providing for the designation of certain
Park and Recreation areas (Madison
Park, Louis Murphy Park, Veterans
Memorial park, Eagle Point Park and
Ham House Museum, Bunker Hill Gall
Course and Municipal Swimming Peal),
presented and read. Council Member
Kluesner moved that this be the first
reading of the Ordinance. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Communication of City Manager sub-
matting two Ordinances to name a Street
on Schmitt Memorial Island as Shanley
and the other to authorize the erection
of a "Yield" sign at the intersection of
Shaniey Drive and Admiral Sheehy
Drive, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Vote on the motion was as
follows:
Yeas--Mayor Brady, Council Member
Simon.
Nays--Council Members Kluesner,
Krieg, Manning.
Absent--Council Members Deich,
MOTION FAILED.
An ORDINANCE Amending the
Code of Ordinances by adding a new
Yield intersection to subsection (3) of
Section 25-212 thereof providing for
traffic eastbound on Shanley Drive to
ylald before entering the intersection
with Admiral Sh~chy Drive. wesented
and read. Council Member Simon mov-
ed that this be considered the first
reading of the Ordinance. Seconded by
Council Member Kluesner. Vote on tbe
motion was as follows:
Yeas--Mayor Brady, Council Member
Simon.
434
Regular Session, December 1, 1986
Nays--Council Members Khiesner,
Krieg, Manning.
Absent--Council Members Deich,
Kronfaldt.
MOTION FAILED.
An ORDINANCE Amending the
Code of Ordinances by adding a new
Yield Intersection to Subsection (3) of
Section 25-21:2 thereof providing for
traffic eastbound on Shanley Drive to
yield before entering its intersection
with Admiral Sheehy Drive, presented
and read. Council Member Simon mov-
ed that this be considered the first
reading of the Ordinance. Seconded by
Council Member Kluesner. Vote on the
motion was as follows:
Yeas--Mayor Brady, Council Member
Simon.
Nays--Council Members Khiesner,
Krleg, Manning.
Absent--Council Members Deich,
Kronfaldt.
MOTION FAILED.
Council Member Krieg moved to
reconsider the above ~notions. Second-
ed by Council Member Marning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Dalch,
Kronfaldt.
Communication of City Manager sub-
matting two Ordinances to name a street
on Schmitt Memorial Island as Sharley
and the other to authorize the erection
of a "Yield" sign at the intersection of
Shaniey Drive and Admiral Sheehy
Drive AND an ORDINANCE Amen-
ding the Code of Ordinances by adding
a new Yield Intersection to subsection
(3) of Section 25-212 thereo~ providing
for traffic eastbound on Shanley Drive
to yield before entering its intersection
with Ad~niral Sheehy Drive, presented
and read. Council Member Kluesner
moved that the communication be
received and filed and that this be con-
aldered the first reading of the Or-
dinance. Seconded by Council Member
Manning. Carried by- the fallowing vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Dalch,
Kronfeldt.
Council Member Krieg moved that
they table the ORDINANCE Naming
treet running westerly and souther-
ly from Admiral Sheehy Drive as
Shanley Drive. Seconded by Council
Member Manning. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Klansner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfaldt.
Petition of Executive Director of
Substance Abuse Services Center re-
questing Council appoint Mr. Pat Quinn
as a Board Member of Substance Abuse
Services Center, presented and read.
Council Member Manning moved that
the petition be received and filed and
Council concur with their appointment
of Pat Quinn. Seconded by Council
Member Simon. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Kluesner, Manning, Simon.
Nays--Canncil Member Krieg.
Absent--Council Members Deich,
Kronfeldt.
RESOLUTION NO. 262-86
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances tale-
vant thereto and they have filed proper
bonds;
NOW, THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause ~o be
issued to the following named appli-
cant(s) a Liquor License.
CLASS "C' (COMMERCIAL)
BEER AND LIQUOR LICENSE
Benevolent & Protective 2699 J.F.K.
Order of Elks #297 (Also Sunday Sales)
New French Cafe 255 West 6th St.
New French Cafe
Passed, adopted end approved this 1st
435
Regular Session, December 1, 1986
day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resalution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members
Kronfeldt.
MINUTES SUBMITTED: Airport
Commission of 11-4; Cable TV
Regulatory Meeting of 11-12; Dock
Commission of 11-18; Dubuque In-
Futuro, Inc. Board of Directors of 7-25
& 11-13; Electrical Examining Board of
11-12; Housing Code Review Committee
of 10-22, 10-29, & 11-5; Park and Recrea-
tion Commission of 11-6; Dubuque Tran-
sit Trustee Board of 11-13; Zoning
Board of Adjustment of 10-23 & 11-3;
Fire Retirement Board of 11-25,
presented and read. Council Member
Manning moved that the minutes be
received and flied. Seconded by Council
Member Kluesner. Carded by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members
Kronfeldt,
NOTICES OF CLAIMS AND
SUITS: Ronald Coates, in amt. of $24
for property damagce; Robert Donner
in amt. of $276 for car damages; M.D.
& Betty Guenther, in amt. of $18.20 for
car dtunages; Tholnas Schlueter, in amt.
of $33 for ~ar damages: Marion E. Walsh
in est. amt. of 52000 for backed-up sewer
damages, presented and read. Council
Member Manning moved that the
claims and suits be referred to the Legal
Staff for invesl,iga;mn and report.
Seconded by Council Member tiioesaer
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krleg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
REFUNDS REQUESTED: Nites of
the Square Table Inc. $150 on unexpired
Beer Permit: Church of the Nativity,
;253.12 on unexpired Beer-Wine-
License, presented and read. Council
Member Manning moved that the
~pproved and Finance Direc-
tor to issue the proper checks. Second-
ed by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
~.bsent--Councll Members Deich,
Iowa DOT advising of "Dismissal" in
matter of the condemnation of cer-
tain rights in land by the Iowa Depart-
ment of Transportation for the improve-
ment of Primary Road U.S. 61 in the Ci-
ty of Dubuque, presented and read.
Council Member Manning moved that
the notification be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absant--Counall Members Deich,
Kronfeldt.
Communication of Stephen Hardie,
President of Hardie Advertising, Inc.
advising of their intent to remove seven
of their units now in place on Hill Street
by April 1, 1987, presented and read.
Council Member Manning moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfaldt.
Communication of Director of Com-
munlty Plarming and Development Divi-
1986, presented and read. Council
Member Manning moved that the com-
munication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
436
Regular Session
bers Kluesner, Krieg, Manning, Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Connnunication of City Manager sub-
mitting Resolution authorizing the ill-
lng with the Dept. of HUD of a request
for releases of Community Development
Block Funds for various projects
(Residential Rehabilitation Loan and
Grant Program, Emergency Home
Repair Program, Tool Lending Library
Program, Property Acqulsition/Reloca-
tian~Demolltion Projects, Housing Code
Enforcement, Commercial/Industrial
Loan participation, Economic Develop-
ment Activities), presented and read.
Council Member Manning moved that
the communication be received and ill-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Dalch
Kronfaldt.
RESOLUTION NO. 263-86
A RESOLUTION AUTHORIZING
SUBMISSION OF A REQUEST
FOR RELEASE OF FUNDS FOR
CERTAIN COMMUNITY DEVELOP-
MENT BLOCK GRANT PROJECTS.
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
28, 1976 which completed an Eh-
vironmental Assessment of the follow-
ing projects to be funded in the Com-
munity Development Block Grant:
Residential Rehabilitation Loan and
Grant Pcogram in Coramunity Develop-
ment Project Areas;
Emergency Home ttepair in Gore
munity Development Project Areas;
Toal Lending Library sponsored by
Washington Tool Library~ Inc., a non-
profit carporation;
Property Acquisition/Reloca-
tionlDemolition Projects; and
WHEREAS. pursuant to Resolution
No. 240 76 adopted July 6, 1976 Public
Notice of a "Finding of No Significm~t
Effect on the Environment" for the pro-
jects above was published on July 7,
1976, in the Dubuque Telegraph Herald,
and provided for a public comment
period until 12:00 noon, Friday, July 30,
1976, and notice of opportunity to
December 1, 1986
review the projects was published on
November 18, 1986 in the Dubuque
Telegraph Herald and provided for a
public comment period until 12:00 noon,
December 5, 1986; and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
15, 1982 which completed an En-
vironmental Assessment of the follow-
ing project to be funded in the Com-
munity Development Block Grant;
Commercial/Industrial Loan Par-
ticipation; and
WHEREAS. pursuant to Resolution
No. 169-82 adopted June 21, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the project above was published June
21, 1982, in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 noon, Friday,
July 9, 1982, and notice of opportunity
to review the project was published on
November 18, 1986 in the Dubuque
Telegraph Herald and provided for a
public comment period until 12:00 noon,
December 5, 1986; and
WHEREAS, the City of Dubuque
:onvened 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 Activities;
and
WHEREAS, pursuant to Resolution
No. 203-82 adopted August 2, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the project above was published
August 4, 1982, in the Dubuque
Telegraph Herald and provided for a
public comment period nutS112:00 noon,
Friday, August 20, 1982 and notice of
opportunity ~o review the projec~ was
published on November 18, 1986 in the
Dubuque Talegraph Herald and provid-
ad for a public comment period until
12:00 noon, December 5 1986:
WHEREAS, Public Notice of a "Fin-
ding of No Significant Effect on the En-
vironment'' for the projects wa~s sent by
437
Regular Session
dnly considered; and
WHEREAS, it is the intent of the Ci-
ty Council to authorize the suhinission
of a request to the U.S. Department of
Housing and Urban Development for
the release of funds to carry out the
above-identified projects.
NOW. THERFORE, BE IT
RESOLVED BY THE CITY COUN-
C~L OF THE CITY OF DUBUQUE.
IOWA:
Section 1. That the Environmental
Review Board for each of the projects
shall continue to remain on file in the Of-
fice of the City Clerk, where said records
may be examined and copied by any in-
terested party.
Section 2. That the Mayor of the Ci-
ty of Dubuque is hereby authorized and
directed to submit to the U.S, Depart-
ment of Housing and Urban Develop-
ment seven (7) days after receipt from
HUD of approved application for Calen-
dar Year 1987Block Grant funds, a re-
quest for release of funds to undertake
the said projects.
Section 3. That the Mayor of the Ci-
ty of Dubuque is hereby authorized to
sible Federal official under the National
Environmental Protection Act, insofar
as the provisions of tke said Act apply
to the U.S. Department of Housing and
Urban Development's responsibilities
for review, decision-making, and action
assumed and carried out by the City of
Section 4. That the Mayor of the Ci-
ty of Dubuque is hereby authorized to
consent personally, in his official capaci-
ty and on behalf of the City of Dubuque,
to accept the jurisdiction of tke federal
courts if an action is brought to enforce
responsibilities in relation to en-
vironmental reviews, decision-making
and action.
Section 5. That the Mayor of the Ci-
ty of Dubuque be and he is hereby
authorized and directed to execute a ee~
tification pertaining to the environmen-
tal review procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds and Certification at-
tached hereto and made a part hereof
Passed, approved and adopted this 1st
day of December, 1986.
James E. Brady
December 1, 1986
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
.he following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Communication of Corporation
Counsel advising of dismissal, in
District Court, of the Paula Post
Selchert, et al vs. State of Iowa, et. al.
suit, presented and read. Council
Member Manning moved that the com-
munication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Petition of Delos Dorweiler requesting
to extend the OS Zoning of 2095 Ken-
nedy Road to include 3315 Foothill Road
and 2105 Kennedy Road, presented and
read. Council Member Manning moved
that the petition be received and filed
and referred to the planning and Zon-
ing Commission. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Khiesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Communication of Keith A. Shaw,
M.D. submitting his resignation from
the C6-Directership of the Dubuque Fire
Department Ambulance Service effec-
tive 1-1-87, presented and read. Council
Member Manning moved that the com-
munication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Khiesner, Krieg, Manning,
Simon.
Nays--None.
438
i
Regular Session, December 1, 1986
Absent--Council Members Deich,
Kronfeldt.
petition of Randall Stecher requesting
to rename the former section of U.S.
Highway 52 from Rockdale Road to pre-
sent Highway 61 to "Twin Valley
Drive" AND Communication of Dubu-
que County Road Name Advisory Com-
mittee requesting Council to grant the
request of Mr. Randall Stecher,
presented and read. Council Member
Manning moved that the petition and
communication be received and filed and
matter referred to the Staff for im-
plementation. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Communication of City Manager sub-
mitting Resolution providing for the
adoption of Supplement No. 28,
presented and read. Council Member
Manning moved that the communica-
tion be received and filed. Seconded by
Council Member Khiesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Khiesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
RESOLUTION NO. 264-86
ADOPTING SUPPLEMENT NO. 28
TO THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE, IOWA
WHEREAS, under date of November
17, 1986 the City Council, pursuant to
Ordinance 93-86, readopted the Code of
Ordinances of the City of Dubuque,
Iowa for ordinances adopted up to and
including April 21, 1986; and
WHEREAS, since April 21, 1986 the
City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supplements to the Code of Ordinances
and
WHEREAS, Section 380.8 of the
Code of Iowa provides that sup-
plemente, by resolution, become part of
the Code of Ordinances.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement No. 28 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Duhaque, Iowa from April 21, 1986
through August 18, 1986, prepared 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, approved and adopted this 1st
day of December, 1986.
James E. Brady
Mayor
~ST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfaldt.
Communications of Corporation
Counsel recommending denials of the
following claims: Kendall Day for pro-
perty damage; Alice Eberhart for pro-
perty damage; Charles Ellis for proper-
ty damage; Timothy Furry for proper-
ty damage; James Kemp for property
damage; Paul Mootz for property
damage; Gerald Muller for property
damage; Donald Remakel for sewer
back-up damages; Brian Schlarmann for
· damage; Erwin Vierkeant for
damage; Leroy Weidemann for
property damage, presented and read.
Council Member Manning moved that
the communications be received and fli-
ed and approved denials. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Ktieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
439
Regular Session December 1, 1986
Communications of Corporation
Counsel recommending settlements of
the following claims: Carol Ernst for tar
damage in amount of $14.04; Bruce Kel-
ly for property damage in amount of
$96.88; Margaret Rizzo for tar damage
in amt. of $15.60; Jan Sweeney for tar
damage in amt. of $20.80, presented and
read. Council Member Manning moved
that the communication be received and
filed and approve settlements. Second-
ed by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfaldt.
Communicatinn of City Manager
questing approval to assume ownership
of a waterline servicing 612 Peru Road
in order to proceed with the acquisition
of a piece of property associated with
vacation of Brunswick St. (Elbow St.),
presented and read. Council Member
Manning moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members t~luesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich
Kronfeldt.
RESOLUTION NO. 265-86
ACCEPTANCE OF OWNERSHIP
OF A WATERLINE FROM
3141 BRUNSWICK STREET
TO 612 PERU ROAD
WHEREAS, The City Council by
Resolution No. 328-85 approved the
closing of Brunswick Street from Elbow
Street to Peru Road and further
authorized the City Manager to proceed
with the acquisition of properties con-
tiguous to Brunswick Street from Elbow
Street to Peru Road and clearing the
sites of the buildings; and
WHEREAS, there is a vacant lot 158
of Belmont Addition bordering
Brunswick Street that has to be ac-
quired in order to proceed with the ceca-
tion of Brunswick Street; and
WHEREAS, crossing lot 158 is a
water service to property located on lot
162 of Belmont Addition, or identified
further as 612 Peru Road; and
WHEREAS, the property owner of lot
162 is also property owner of lot 158 and
is currently the owner of the existing
water service line from 3141 Brunswick
Street to his property at 612 Peru Road;
and
WHEREAS, as part of the negotia-
tions for acquisition of lot 158 the pro-
petty owner is desirous of transferring
ownership and rights of mdintenance
responsibilities of the water service line
to the City of Dubuque.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the City of Dubuque,
Iowa assumes ownership of the 1" cop-
per water line from 3141 Brunswick
Street to property located at lo t 162 Bel-
mont Addition or 612 Peru Road.
Section 2. That ownership of this
water line will be assumed on delivery
of a Quit Claim Deed from the property
owner to the City of Dubuque, lowa.
Passed, approved and adopted this 1st
day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
tlie following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Communlcatinn of City Manager sub-
mittlng response regarding request from
Gerald Swift, 1777 Old Mill Road for Ct-
ty sanitary sewer service, presented and
read. Council Member Manning moved
that tile communicatinn be received and
filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Si~non.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Communication of Attorney Robert
M. Bertsch, on behalf of Thermolyne
Corporation, advising of their intent to
440
Regular Session
exercise its option to purchase the pro-
perty described in the Agreement at-
tached to Resolutinn No. 121-78 and
amended by Resolution No. 75-82,
presented and read. Council Member
Manning moved that the communica-
tlon be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt,
RESOLUTION NO. 266-86
EXERCISING OF OPTION
AGREEMENT BY
THERMOLYNE CORPORATION
WHEREAS, the Thermolyne Cor-
poration ("Thermolyne") on November
19, 1986 has notified the City of its in-
tention to purchase the following
described property,
Lot 1 of Block 2 in"River Front Sub-
division No. 3" in the City of Dubuque,
Iowa and
WHEREAS, by Resolution No.
121-78 adopted April 17, 1978 the City
Council approved an Option Agreement
with Thermolyne which agreement pro-
vided for the sale of the above describ-
ed real estate totalling $5.27 acres at a
sales price of $5,000/acre for a total sales
price of $28,600.00; and
WHEREAS, the option agreement
has provisions that upon one year notice
by the City that "Thermolyne" would
have one year to exercise its option; and
WHEREAS, communications was
directed to "Thermolyne" dated
January 14, 1986 as notification of Ct-
ty's plans of disposition o£ the proper-
ty and notifying "Thermolyne" of the
commencement of the one year period
for exercising the option; and
WHEREAS, Section 4 of the option
agreement associated with Resolution
No. 121-78 provided as follows:
"Section 4. That in the event the op-
tion to purchase provided for in this
Agreement is exercised by the optionee,
the optlonee agrees to commence con-
struction of a plant within one (1) year
from the date of delivery of deed, and fur
ther agrees to complete the construction
within two (2) years of delivery of deed"
and
WHEREAS, by Resolution No. 75-82
December 1, 1986
Section 4 the 1978 option agreement
was amended and a new Section A was
adopted in lieu therof, as follows:
"Section 4. Tkat in the event the op-
tion to purchase provided for in this
Agreement is exercised by optionee, the
optionee agrees to commence improve~
ment of the property within one (1) year
from the date of delivery of deed, it be-
lng understood that such improvement
may consist of construcSon of industrial
facilities, or of other facilities, including
parking facilities, nece, ssary to support
expansion of optionee s manufacturing
plant on adjacent property."
NOW, THEREFORE, BE IT
RESOLVED BY THE City Council of
the City of Dubuque, Iowa:
Section 1. That a Quit Claim Deed be
delivered to the "Thermolyne" in acco~
dance with option attached to Resolu-
tion No. 121-78.
Section 2. That the City of Dubuque
reserves all easernents for sewer, water
and utilities and the City reserves an
easement for the location and
maintenance of such utilities together
with the right of ingress therein and
egress therefrom for the purpose of
repairing and maintenance of said
Section 3. That the City Clerk be and
she is hereby directed and authorized to
deliver a Deed of Conveyance conveying
the above described real estate to the
above named party upon receipt of put-
chase price in full.
Section 4. That the City Clerk be and
she is hereby authorized and directed to
record the certified copy of this resolu-
tion in the office of the City Assessor,
Dubuque County Recorder and Dubu-
ique County Treasuren
Passed, approved and adopted this 1st
day of December, 1986.
,James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
tixe following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krleg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
441
Kronfeldt.
Communication of City Manager sub-
mitring recommended street construc-
tion program for the next five year
period, presented and read. Council
Member Manning moved that the com-
munication be received and filed.
Seconded by Council Member Klueener.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members gluesner, Krieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
RESOLUTION NO. 267-86
RESOLUTION APPROVING
A TENTATIVE FIVE YEAR
STREET CONSTRUCTION
PROGRAM AND SUBMITTING
SAME TO THE IOWA DEPARTMENT
OF TRANSPORTATION
WHEREAS, there has been prepared
a tentative street construction program
for fiscal year 1987 throught 1991; and
WHEREAS, said construction pro-
gram must be filed with the Iowa
Department of Transportation by
December 1, 1986 for the purpose of
allocating Road Use Tax Funds to
municipalities; and
WHEREAS, this Council has review-
ed the tentative street construction pro-
gram as submitted.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa.
Section 1. That the tentative five year
street construction program for fiscal
years 1987 throught 1991 be and the
same is hereby approved, and the Mayor
is hereby authorized and directed to sign
this resolution.
Section 2. That the City Manager is
hereby authorized and directed to for-
ward the required documents relating to
the five year street construction pro-
gram to the Iowa Department of
~¥ansportation.
Passed, approved and adopted this 1st
day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Regular Session, December 1, 1986
uncil Member Klueaner. Carried by
Yeas--Mayor Brady, Council
VIembers Kluesner, Krieg, Manning,
Simon.
Nays--None.
~.bsent--Council Members Deich,
At 9:34 P.M. Council Member
~r moved to go into Closed See-
n in accordance with Chapter 91.5 1
(c) to discuss strategy with Counsel in
presently in litigation.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Nays--None.
Absent--Council Members Deich,
Council reconvened at 9:40 P.M.
Council Member Manning moved that
;he following settlement proposals in the
Water and Wastewater cases be approv-
ed and that the Corporation Counsel be
authorized to sign the necessary releases
and associated documents in connection
with these settlement proposals: 1. In
the water case, settlement with
Honeywell, J.P. Cullen, Waldinger
Contractors) for the sum of
$50,000. 2. Settlement with Westphalin
the Water case (both Phase I m~d Phase
III for the total sum of $25,000.3. Set-
tlemant with Peabody-Barnes in the
Waste Water case for the total sum of
$15,000. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Khiesner, Krieg, Manning,
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
There being no further business. Coun-
cil Member Manning moved that the
meeting adjourn. Seconded by Council
Member Krieg. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Kluesner, Erieg, Manning,
Simon.
Nays--None.
Absent--Council Members Deich,
Kronfeldt.
Meeting adjourned at 9:45 P.M.
442
Regular Session, December 1, 1986
Mary A. Davis
City Clerk
Approved 1987
Adopted - -- 1987
Mayor
Council Members
ATTEST:
City Clerk
443
Regular Sessior
CITY COUNCIL
OFFICIAL
Regular Session, December 15, 1986.
Council met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindahl.
Mayor Brady called the meeting to
order and stated this session is the
REGULAR 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 Les Maloney,
Minister of the Church of Christ.
Communication of City Manager
recommending to set a Public Heoxing
regarding change in ~corded security in-
terests to accommodate agreements bet-
ween FDL Foods, Inc. and Iowa DOT,
presented and read.
Council Member Kluesner moved that
the communication be received and ill-
ed. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 268-86
A RESOLUTION DECLARING
THE INTENT OF TIlE CITY
OF DUBUQUE, IOWA,
TO DISPOSE OF INTERESTS
IN CERTAIN REAL ESTATE.
WHEREAS, FDL Foods, Inc. ex-
ecuted and delivered a Real Estate Mor-
tgage to the City of Dubuque, Iowa, ill-
ed December 9, 1982, as Instrument No.
6742-82, and a Financing Statement ill-
ed December 9, 1982, as Instrument No.
6743-82, both in connection with UDAG
Grant Agreement, UDAG Grant
Number B-81-AA-19-0016(4); and
WHEREAS, Lot I of Block 2 & Lot
i of Block 5, Dubuque Packing Com-
pany Addition; Lot 2 of Lot 2 of River-
front Subdivision No.4; Lots 469, 470,
& 471 of East Dubuque Addition No. 2
in the City of Dubuque, Dubuque Court-
ty, Iowa, were among the real estate
parcels described in said Mortgage and
Financing Statement; and
WHEREAS, FDL Foods, Inc. has
entered into a Partial Acquisition
December 15, 1986
Contract with Iowa Department of
Transportation for right-of-way acquisi-
;ion for U.S. Highway 61, Project No.
F-61-8(22)--20-31, filed in the Office of
the Dubuque County Recorder on
November 20, 1986, as Instrument No.
11232-86; and
WHEREAS, those portions of the
following: Lot 1 of Block 2 & Lot 1 of
Block 5, Dubuque Packing Company
Addition; Lot 2 of Lot 2 of Riverfront
Subdivision No. 4; Lots 469, 470, & 471
of East Dubuque Addition No. 2 in the
City of Dubuque, Dubuque County,
Iowa, designated for right-of-way ac-
quisition in the drawings attached to the
Iowa Department of Transportation
Partial Acquisition Contract filed
November 20, 1986, as Instrument No.
11232-86, are to be conveyed by FDL
Foods, Inc., to Iowa Department of
Transportation in consumnmtion of said
partial Acquisition Contract; and
WHEREAS, the liens of the City of
Dubuque on the property to be conveyed
to Iowa Department of Transportation
need to be released to expedite con-
veyance; and
WHEREAS, said disposition of in-
retest in real estate is supported by good
and sufficient consideration; and
WHEREAS, execution of a Partial
Release of Real Estate Mortgage and a
Partial Release of Financing Statement
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. It is the intent of the City
Council of the C~ty of Dubuque, Iowa,
to release the liens arising out of a Mo~
tgage filed December 9, 1982, as Instru-
ment No. 6742~2, and a Financing State-
ment filed December g, 1982, as Instru-
ment No. 6743~2, as to the following
described real estate located in the City
of Dubuque, Iowa only:
Those portions of the folio wing: Lo t I of
Block 2 & Lot 1 of Block 5, Dubuque
Packing Company Addition; Lot 2 of
Lot 2 of Riverfront Subdivision No. 4;
Lots 469, 470, & 471 of East Dubuque
Addition No. 2 in the City of Dubuque,
Dubuque County, Iowa, designated for
right-of-way acquisition in the drawings
attached to tke Iowa Department of
Transportation PartialAcquiaition Con-
tract filed November 20, 1986, as Instru-
ment No. 11232~6.
444
Regular Session,
Section 2. That the City Clerk is
hereby directed to give notice in the
manner required by law ofa public hear
lng to be held on January 5, 1987, at 7:30
P.M. in the Public Library Auditorium,
11th and Locust Streets, in the City of
Dubuque, Iow~ at which time and place
all interested parties will be given an op-
portunity to be heard for or against the
proposal to dispose of the real estate in-
terests herein described.
Passed, adopted and approved this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kinesner moved
adoption of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of planning and Zon-
lng Commission approving rezoning of
property located at 3100 Raven Oaks
Drive from PR to R-4 Multi-Family
Residential District, presented and read.
Council Member YAuesner moved that
the communication be received and fib
ed. Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by revising Appen-
dix A thereof by reclassifying property
at 3100 Raven Oaks Drive from PR
Planned Residential District to R-4
Multi-Family Residential District
presented and read. Council Member
Kluesner moved that this be considered
the first reading of the Ordinance, and
that the requirement that a proposed Or-
dinance be considered and voted on for
passage at two councli meetings prior to
the meeting at which it is to be finally
adopted be suspended and further mov-
ed that a Public Hearing be held on the
proposed Ordinance on the 5th day of
January, 1987 at 7:30 p.m. in the Pubfic
Library Auditorium and that the City
Clerk be instructed to publish notice in
the manner prescribed by law. Second-
~ecember 15, 1986
ed by Council Member Simon. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Planning and Zon-
ing Commission approving reclassifica-
tion of property owned by Key Gate
Center and Trausch Realty, located at
the northwest corner of the junction of
Highway 52, 61 and 151 from AG
Agriculture to C-3 General Commercial
District, presented and read.
Council Member Kluesner moved that
the communication be received and fil-
ed. Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by revising Appen-
dix A thereof by reclassifying property
at the northwest corner of the junction
of Highways 52, 61 and 151 from AG
Agriculture to C-3 General Commercial
District, presented and read.
Council Member Kluesner moved that
his be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
md voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance
on the 5th day of January, 1987 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk publish notice
in the manner prescribed by law.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg,
Ie. ronfeldt, Manning, Simon.
Nays--None.
Communication of Planning and Zon-
ing Commission approving zoning
reclassification and Conceptual Develop-
ment Plan Approval for property south
of Asbury Road, north of Dana Drive
and east of Southway Drive from R-4
and OR to PC as requested by DuTrac
Community Credit Union, presented and
read. Council Member Kluesner moved
that the communication be received and
filed. Seconded by Council Member
445
Regular Session,
December 15, 1986
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending Zoning
Ordinance by reclassifying property
located south of Asbury Road, north of
Dana Drive and east of Southway Drive
from R-4 Multi-Family Residential
District and OR Office Residential
District to PC planned Commercial
District, presented and read.
Council Member Kluesner moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
lng be held on the proposed Ordinance
on the 5th day of January, 1987 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk publish notice
in the manner prescribed by law.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dnich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of plm}ning o~.d Zon-
ing Commission approving zomng re-
quest of Loras College to reclassify cer-
tain residential properties and Concep-
tual Development plan of the Loras Col-
lege ID Institutional District, presented
and read. Council Member Kluesner
moved that the communication be
received and filed. Seconded by Council
Member Simon. Carried by the fallow-
ing vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending Appen-
dix A of the Code of Ordinances by
reclassifying property at the northeast
corner of Cox Street and West 17th St.
from R-2 Alternate Two Family
Residential District to ID Institutional
District: by reclassifying property at
1047, 1065 and 1091 Loras Blvd. from
R-1 Single Family Residential District
to ID Institutional District; by reclassi-
fying property south of West 16th St.
and west of May Place from R-3 Multi-
Family Residential District to ID In-
stltutional District; and to approve a
Conceptual Development Plan for the
Loras College ID Institutional District,
presented and read. Council Member
Klueaner moved that this reading be
considered the first reading and that it
be set for Public Hearing on the 5th day
of January, 1987 at 7:30 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by Coun-
cil Member Simon. Carried by the
fuilowing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Main Street Ltd. to address the Coun-
cil to give Progress Report on program,
presented and read. Council Member
Kluesner moved that the report be
received and filed. Seconded by Council
Member Kronfaldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None,
Bill McGoewen, Melissa Nebelsick,
and Pat Friedman spoke to the matter.
Four Mounds Foundation report
regarding Four Mounds Parks; White
Pine Group, Iowa Chapter Sierra Cinb,
expressing concerns about plans to drop
development of the Four Mounds area;
Nelson Gronan, requesting further
information regarding plans for Burden
Park; Dubuque Symphony Orchestra
League Board of Directors supporting
the work of Four Mounds Foundation in
creating a public facility at Four
Mounds, presented and read. Council
Member Krieg moved that the com-
munications be received and filed.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Kinesner, Krleg, Man-
nlng, Simon.
Nays--Council Member Kronfeldt.
Karen Lyness, Jane Callahan, Ruth
Nash and John Gronen all spoke to the
matter. Council Member Kireg moved
that it be resolved that the decision
regarding the Burden property - to re-
r return it be made when the Park
& Rec. Budget is considered in
February. Seconded by Council Member
Kronfeldt. Council Member Delch mov-
ed to amend the motion to add that the
446
Regular Session,
December 15, 1986
Staff look at all the alternatives and
other options for disposal or otber uses.
Seconded by Council Member Manning.
Amendment was carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Ktieg, Manning.
Nays--Council Members Kinesner,
Kronfeldt, Simon.
Motion as amended, was carried by
the following vote:
Yeas--Council Members Kluesner,
Krleg, Kronfaldt, Manning, Simon.
Nays--Mayor Brady, Council
Member Deich.
Council recessed at 8:57 P.M.
Council reconvened at 9:06 PM.
Communication of planning and Zon-
ing advising of their decision not to
reconsider their previous denial for
rezoning of 468-470 Lincoln Ave. as re-
quested by Frederick Boyes: Cem-
munication of Mrs. Ruth Latham endor-
sing planning and Zoning ComnSssion's
decision not to rezone Boyes' property:
Communication of Fred & Klm Boyes
submitting petition containing 55
signatures supporting the rezoning cf
468-470 Lincoln and the railroad proper-
ty owned by the Boyes from Rhomberg
to 21st Street only, presented and read.
Cotmcfl Member Kluesner moved that
the communications be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Manning.
Simon.
Nays--Council Members Krleg,
Kronfeldt.
An ORDINANCE Amending the Zon-
ing Ordinance by revising Appendix A
thereof to reclassify property at 468-470
Lincoln and adj nining railroad right-of-
way from R-2A ARernate Two-Family
Residential District to CS Commercial
Service and Wholesale District,
presented and read. Council Member
Kluesner moved that this be considered
the first reading of the Ordinances and
that it be set for Public Hearing on
January 19, 1987 at 7:30 p.m. in the
Pubtlc Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Manning,
Nays--Council Members Krieg,
~ronfaldt.
Communication of City Manager re-
questing approval of 4 Resolutions
relative to the awarding of a $300,000
Grant from the State of Iowa's Com-
munity Economic Betterment Funds
and a Community Development Block
Grant Loan Agreement with CyCare
Systems, Inc., and authorization to
publish the Notice of Environmental
Review Findings for the project,
presented and read.
Council Member Rrieg moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 269-86
A RESOLUTION AUTHORIZING
THE EXECUTION OF A
COMMUNITY ECONOMIC
BETTERMENT GRANT WITH TIlE
STATE OF IOWA DEPARTMENT
OF ECONOMIC DEVELOPMENT
WHEREAS. under provisions of the
;tare of Iowa's 71st General Assembly,
House File 225 as anmnded, the City of
Dubuque prepared and submitted an ap-
for a Community Economic
Betterment Grant in behalf of CyCare
Systems, Inc.: and
WHEREAS, the application has been
approved for the City of Dubuque in the
amount of 5300,000 to provide such
assistance to CyCare Systems, Inc.; and
WHEREAS, a Grant Agreement
covering the activities proposed to be
out with State of Iowa Com-
munity Economic Betterment Funds
has been tendered the City of Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Grant Agreement,
authorized by the State of lowa Depart-
ment of Economic Development on
August 25, 1986, is hereby accepted.
Section 2. That the Mayor of the Ci-
ty of Dubuque be and he is hereby
authorized and directed to execute a
Community Economic Betterment Fund
Grant Agreement identified as Grant
Agreement CEBA-86~54 for submission
447
Regular Session, December 15, 1986
to the State of Iowa Department
Economic Development.
Passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayer
ATTEST:
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 270-86
A RESOLUTION AUTHORIZING
ACCEPTANCE OF A sUBGRANT
AGREEMENT PROVIDING FOR
THE GRANT OF STATE OF
IOWA COMMUNITY ECONOMIC
BETTERMENT FUNDS TO
CY CARE SYSTEMS, INC.
wHEREAS, the City of Dubuque~
Iowa desires to assist CyCare Systems,
Inc. in the purchase of real property and
the enhancement of its economic viabili-
ty by making certain capital im-
provements, modification and repairs to
property, and equipment additions, for
the purpose of creating permanent
employment opportunities for its
citizens; and
WHEREAS, a Subgrant Agreement
has been executed by CyCare Systems,
Inc., and the same is hereto attached
and by this refexence made a part hereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY cOUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor and tke Ci-
ty Clerk be and they are hereby authoriz-
ed and directed to endorse the accep-
tance of the City of Dubuque, Iowa upon
the Subgrant Agreement hereto attach-
ed, providing for the Grant of $300,0~0
to CyCare Systems, Ina, according to
terms specified therein.
Section 2. Tkat the City Manager be
and he is hereby authorized to disburse
funds according to the Subgrant Agree-
ment from the State of Iowa Communi-
ty Economic Betterment Fund.
passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 271-86
A RESOLUTION AUTHORIZING
ACCEPTANCE OF AN AGREEMENT
PROVIDING FOR THE LOAN OF
COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS TO
CY CARE SYSTEMS, INC,
WHEREAS, a Loan Agreement has
been executed by CyCare Systems, Inc.,
and the same is hereto attached and by
this reference made a part hereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to endorse the accep-
tance of the City of D~buque, Iowa upon
the Loan Agreement hereto attached,
providing for the loan of $2~0,000 to
CyCare Systems, Inc., according to
terms specified therein.
Section 2. That the City Manager be
~ authorized to disburse
to the Loan Agreement
the Community Development
Fund.
Passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Krleg moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
448
Regular Session, December 15, 1986
RESOLUTION NO. 272~86
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE
OF ENVIRONMENTAL
REVIEW FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT
WHEREAS, the City of Dubuque is
proposing to enter into a Grant Agr. ee-
ment for the Calendar year commencing
January 1, 1987 with the U.S. Depart-
merit of Housing and Urban Develop-
ment, providing for financial assistance
to the City under Title I of the Housing
and Community Development Act of
1974, as amended; and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Development, an environmental review
has been processed for the hereinafter
described project to be financed with
Community Development Block Grant
funds; and
WHEREAS, an ad hoc Environmen'
tn! Review Committee has affer due con-
sideration made a determination that
the project is not a major Federal action
significantly affecting the quality of the
human environment.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY cOUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified project, and
to make the Environmental Review
~ecord for said project available for
public inspection. Such notice shall be
in the form of Exhibit "A" attached
hereto and made a part hereof
* CyCare Systems, Inc. Economic
Development Project
Section 2. Tkat the City of Dubuque
hereby declares its intent to adopt a
Resolution at its meeting of January 5,
198Z authorizing the submission ora re-
quest to the U.S. Department of Hous-
ing and Community Development to
undertake the project.
Passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--None.
Communication of City Manager re-
questing anthorization to distribute to
"The Country Wagon", $26,500 from
the C,o. mmunity Development Block
Grant s Commercial and Industrial
and Minority Business
Participation Program, and anthoriza-
tion to publish a Notice of Environmen-
tal Review Findings, presented and
read.
Council Member Kluesner moved that
~ be received and fil-
ed. Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
tbers Deich, Kluesner, Krieg,
Manning, Simon.
Nays--None.
RESOLUTION NO. 273-86
A RESOLUTION AUTHORIZING
THE EXECUTION OF A
LOAN AGREEMENT WITH
THE COUNTRY WAGON
WHEREAS, under provisions of Ti-
tle I of the Housing and Community
Developmant Act of 1974, as amended,
tbe City of Dubuque has received Com-
munity Development Block Grant fund. s
for the purpose of stimulating economic
development activities within the com-
munlty; and
wHEREAS, the City of Dubuque,
Iowa desires to assist The Country
Wagon in its efforts to enhance its
economic vlabflity; to create permanent
employment opportunities for its
citizens; and to encourage the efforts of
local female entrepreneurs; and
WHEREAS, a Loan Agreement has
been executed by The Country Wagon
and the same hereto attached and by
this reference made a part hereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY cOUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor and City
Clerk be and tkey are hereby authoriz-
ed and directed to endorse the accep-
tance of the City of Dubuque, Iowa upon
the Loan Agreement hereto attached,
449
Regular Session, December 15, 1986
awarding a twenty-five thouand dollar
($25,~0) loan to The Country Wagon, ac-
cording to the terms specified therein.
Section 2. Tkat the City Manager be
and he is hereby authorized to disburse
loan funds from the Community
Development Block Grant entitlement
fund, in accordance with the terms and
conditions of the Loan Agreement
hereto attached.
Passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 274-86
A RESOLUTION AUTHORIZING
THE EXECUTION OF A
GRANT AGREEMENT WITH
THE COUNTRY WAGON
WHEREAS, under provisions of Ti-
tle I of the Housing and Community
Development Act of 1974, as amended,
the City of Dubuque has received Com-
muhity Development Block Grant funds
for the purpose of stimulating economic
development activities with the com-
munity; and
WHEREAS, a Minority Loan par-
ticipation Program has been developed
by the City of Dubuque under the
auspices of the Community Develop-
ment Block Grant Program for the ex-
pressed purpose of increasing minority,
female and disadvantaged business par-
ticipation in the community; and
WHEREAS, the City of Dubuque,
Iowa desires to assist The Country
Wagon in its efforts to enhance its
economic viability; to create permanent
employment opportunities for its
citizens; and to encourage the efforts of
local female entrepreneurs; and
WHEREAS, a Grant Agreement has
been executed by The Country Wagon
and the same hereto attached and by
this reference made a part hereof.
NOW, THEREFORE~ BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the Mayor and City
clerk be and they are hereby authorized
and directed to endorse the acceptance
of the City of Dubuque, Iowa upon the
Grant Agreement hereto attached, awar-
ding a one thousand five hundred dollar
($1,560) grant to The Country Wagon,
cording to the terms specified therein.
Section 2. That the City Manager be
and he is hereby authorized to disburse
grant funds from the Community
Development Block Grant entitlement
fund, in accordance with the terms and
conditions of the Grant Agreement
hereto attached.
Passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 275-86
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT
WHEREAS, the City of Dubuque
entered into a Grant Agreement for the
Calendar Year commencing January 1,
1986 with the U.S. Department of Hous-
ing and Urban Devalopment, providing
for financial assistance to the City under
Title I of the Housing and Community
Development Act of 1974, as amended;
and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Development, an environmental review
has been processed for the hereinafter
decribed project to be financed with
Community Development Block Grant
~unds; and
WHEREAS, an ad hoc Environmen-
tal Review Comraittee on December 1,
450
Regular Session, December 15, 1986
1986 has after due consideration made
a determination that the project is not
a major Federal action significantly af-
fecting the quality of the human
environment.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified project, and
to make the Environmental Review
Record for said project available for
public inspection. Such notice shall be
in the form of Exhibit "A" attached
hereto and made a part hereof * The Country Wagon
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
Resolution at its meeting of January 5,
1987, authorizing the submission ora re-
quest to the U.S. Department of Hous-
lng and Community Development to
undertake the project.
Passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None-
Communication of City Manager re-
questing authorization to distribute to
Dubuque In-Futuro, Inc. a sum of
$100,000 from Community Develop-
ment Block Grant Funds to support
Market Place Dubuque and to publish
a notice of Environmental Review Fin-
dings, presented and read.
Council Member Kluesner moved that
the commuhication be received and fil-
ed. Seconded by Council Member Krieg.
Carried by the following vote:
yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Manning.
Nays--Council Members Kronfeldt,
RESOLUTION NO. 276-86
RESOLUTION AUTHORIZING
THE EXECUTION OF A LOAN
AGREEMENT WITH
DUBUQUE IN-FUTURO, INC.
WHEREAS, Dubuque In-Futuro,
Inc. owns and operates a certcin proper-
ty known as Market Place Dubuque in
Town Clock plaza; and
WHEREAS, Dubuque In-Futuro,
Inc. has requested that the City of
Dubuque lend to Dubuque In-Futuro,
Inc. funds in the amount of $100,000 to
fid in the management, maintenance
and marketing of said property; and
WHEREAS, a Loan Agreement and
accompanying Promissory Note have
been executed by Dubuque In-Futuro,
Inc., anti the same are attached hereto
and by this reference made a part hereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L Tkat the City Council of the
City of Dubuque, Iowa hereby finds and
that a public purpose is to
be served by the loan of funds to Dubu-
que ln-Futuro, Inc.
Section 2. That the Mayor and the City
Clerk be and they are hereby authoriz-
ed and directed to endorse the accep-
tance of the City of Dubuque, Iowa upon
the Loan Agreement hereto attached, in-
cluding the Promissory Note, providing
for the loan of $100,000 to Dubuque In-
Futuro, Inc. according to terms specified
therein.
Section 3. That the City Manager be
and he is hereby authorized to disburse
funds according to the Loan Agreement
from the City's Community Develop-
ment Block Grant Funds.
Section 4. That the City of Dubuque
goes on record requiring the immediate
listing of the building for sale.
Passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote:
451
Regular Session, December 15, 1986
Yeas--Mayor Brady, Council
Members Deich, Khieaner, Krieg,
Manning.
Nays--Council Members Kronfeldt,
Simon.
RESOLUTION NO. 27%86
A RESOLUTION AUTHORIZING
pUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT
WHEREAS, the City of Dubuque
entered into a Grant Agreement for the
Calendar Year commencing January 1,
1986 with the U.S. Department of Hone-
lng and Urban Development, providing
for financial assistance to the City under
Title I of the Housing and Community
Development Act of 1974, as amended;
and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Development, an environmental review
has been processed for the hereinafter
described project to be financed with
Community Development Block Grant
funds; and
WHEREAS, an ad hoc Environmen-
tal Review Committee on December 1,
1986 has after due consideration made
a determination that the project is not
a major Federal action significantly af-
fecting the quality of the human
environment.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified project, and
to make the Environmental Review
t~ecord for said project available for
public inspection. Such notice shall be
in the form of Exhibit "A" attached
hereto and made a part hereof.
* Dubuque In-Futuro, Inc. "Market
Place Dubuque" Project
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
Resolution at its meeting of January 5,
2987, authorizing the submission ora re-
quest to the U.S. Department of Hous-
ing and Community Development to
undertake the project.
Passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Manning.
Nays--Counc~ Members Kronfeldt,
Simon.
Communication of City Manager sub-
mitting Ordinance to aliminate fire ser-
outside of the City except to pro-
tect City-owned property or in accor-
tanee with mutual aid agreement,
presented and filed. Seconded by Coun-
cil Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Deich, Klueaner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 95-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, BY DELETING
SECTIONS 14-25 AND 14-28
THEREOF AND ENACTING A NEW
SECTION 14-25 IN LIEU THEREOF
PROHIBITING FIRE SERVICE OUT-
~IDE THE CITY EXCEPT TO PRO-
TECT CITY-OWNED PROPERTY OR
PURSUANT TO A MUTUAL AID
AGREEMENT, presented and read.
Council Member Kiuesner moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at whici~
it is to be flnaily adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council
Vlember Simon. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
~ronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 95.86
~N ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
452
Regular Session, December 15, 1986
CITY OF DUBUQUE, IOWA, BY
DELETING SECTIONS 14-25 AND
14-28 THEREOF AND ENACTING
A NEW SECTION 14-25 IN LIEU
THEREOF PROHIBITING FIRE
SERVICE OUTSIDE THE CITY
EXCEPT TO pROJECT CITY-
OWNED PROPERTY OR pURSU"
ANT TO A MUTUAL AID AGREE-
MENT
NOW THEREFORE, BE IT
ORDAINED BY THE CITY coUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by deleting Sections 14-25
and 14-28 thereof and enacting a new
Section 14-25 in liew thereof as fol-
lows:
"Sec. 14-25, Service outside the
city restricted.
No fire service shall be rendered out-
side the limits of the city by i~refghting
eqaipment and City personnel except
as follows:
(a) to protect property of the City
located outside the corporate limits of
the city; or .
(b) pursuant to a written mutual a~d
agreement for emergency fire service
on a reciprocal basis with another gov-
ernmental entity.
Passed, approved and adopted this
15th day of December, 1986.
/s/James E. Brady
Mayor
ATTEST:
/s/Mga~ A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
December, 1986.
Mary A. Davis
City Clef
It 12/22
Communication of City Manager
outliplng the procedure for handling the
street storage of motor vehicles that
have accumulated five or more unpaid
parking tickets, presented and read.
Council Member Khiesner moved that
the communication be received and fil-
ed. Seconded by Council Member
Kronfeldt. Carried by the followi~g vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 96-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING NEW SECTIONS 25-380,
25-383, 25-384, 25-386, 25-387, 25-388,
25-389, 25-391, 25~392, and 25-393
PROVIDING FOR THE
TOWING OF VEHICLES HAVING
~IVE OUTSTANDING UNPAID
VIOLATIONS OR LEFT UNATTEND-
ED IN OR ABOUT PUBLIC WAYS,
presented and read. Council Member
Khiesner moved that this be considered
the first reading of the OrdinanCe, and
that the requirement that a proposed Ox~
dinanee be considered and voted on for
passage at two council meetings prior to
the meeting at which it is to be finally
adopted be suspended and further mov-
ed final adoption of the Ordinance.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 96-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
kCTING NEW SECTIONS 25-
380, 25-383, 25-384, 25-386, 25-387, 25-
389, %5-391, AND 25-393 THEREOF
PROVIDING FOR THE TOWING
OF VEHICLES HAVING FIVE
OUTSTANDING UNPAID VIOLA-
TIONS OR LEFT UNATTENDED
IN OR ABOUT pUBLIC WAYS
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA that:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by enacting new Sections
25-380, 25-383, 25-384, 25-386, 25-387,
~5-388, 25-389, 25-391, 25-392 and 25-
393 thereof as follows:
ARTICLE IX. IMPOUNDMENT
OF VEHICLES
Division L General
"Sec. 25-380. Intent and purpose.
Tiffs Article is enacted as an eni'orce~
merit procedure for protection of the
public peace, safety and welfare and
shall be used generally for the preven-
tion and removal of traffir hazards,
prevention and abatement of public
nuisances arising from traffic viola-
hone, and ibr the protection of public
fights in the use of city streets and
thorougtffar .
Division II. Scofflaw
"Sec% 25-383. Removal and
impoundment.
Any vehicle having against it five (5)
453
Regular Session, December 15, 1986
or more unpaid violations issued within been moved within twenty-four (24)
a twelve (12) month period, charging hours from the time of notice of fine,
that such vehicle is parked, stopped or or if there is evidence that thc vehi-
standing hi violation of any law, ordi- cie has been parked for more than
hence or local authority of the City forty-aighi hours before recaiving the
shall be deemed a public nuisance and notice of fine, the Police Department
the Police Department hereby author-
ized to remove or cause to be removed,
such vehicle at the sole cost and
expense of the habitual violator. The
Police Department shall have the
power and is hereby authorized to
remove the vehicle by either private or
governmental equipment as it may
deem advisable."
"Sec. 25-384. Owner responsibility.
The registered owner of a vehicle
having against it five (5) or more out-
standing unpaid violations shall be
presumed to be the owner at the tline
the violations were in fact issued and
shall be severally responsible for the
offenses and the impoundment, except
where the use of the vehicle was
secm'ed by the operator without the
Division III. Street Storage
"Sec. 25-386. Intent and purpose.
The presence of unattended and
mmmved motor vehicles in or about
public places for more than twenty-
four (24) hours tends to impede traf-
fic in the street; interfere with the
enjoyment of property; reduce the
value of private property; invite van-
dalism and plundering; create fire haz-
ards; extend and aggravate urban
blight; and result in a serious hazard
to the public health, safety, comfort,
community welfare and happiness of
the residents of the city.'
"Sec. 25-387. Definition,
An unattended motor vehicle, for the
purpose of this division, means an
operable or non-operable vehicle which
has remained in a starionary po~ition
on a public way for twenty-four (24)
may cause removal of the vehicle.
When conditions permit, the Police
Department shall make a reasonable
effort to contact the last registered
owner of the vehicle before stunmarily
removing the vehicle."
"Sec. 25-389. Exclusion.
Nothing in this division shall pre-
clude the immediate removal by the
Police Department of a motor vehicle
which is parked in violation of any
oti~er section of this cbapter."
Division IV. Towing and Storage
"Sec. 25-391. Notice to owner.
ia) Whenever the Police Department
has impounded a vehicle pursuant to
this Article and such vehicle has not
been rechiimed, a notice shall be pro-
vided within twenty (20) days by certi-
fied mail to the last known registered
owner of the vehicle and all lienholders
of record, addressed to their last
addresses of record, that the
has been taken into custody.
~ shall be deemed given when
(b) The notice shall describe the
make, model and serial number
of the vehicle, set forth the location of
tim facility where the vehicle is being
held, inform the owner and the lien-
holders of theli' right to reclaim the
vehicle within twenty-one (21) days
after accrued fines and costs for each
outstanding violation, towing, preser-
vation and storage charges resulting
from placing the vehicle in custody and
upon payment of the costs of notice
required pursuant to this section.
(c) The notice shall also state tbat
the failure of the owner or lienholders
to exercise their right to reclaim the
vehicle within the time period provided
"Sec. 25-388. Unattended vehicles. ~ail be deemed a waiver by the owner
ia) It shall be unlawful for any per-
son to permit an unattended vehicle to and ali lienholders of ali right, title,
stand or park in or about a public claim and interest in the vehicle and
place for twenty-four (24) hours or that such failure is deemed consent to
more without such vehicle being the sale of the vclficle at public auc-
moved.
(b) The police Depm'tment, upon its
own initiative or upon complaint, may
take into custody any vehicle standing
or parking in violation of tiffs division.
(c) Upon evidence that tim vaiticle
has been parked on a public way for
tion or disposal to a demohsfier. If the
lienholders do not exercise
their right to reclaim such vehicle
within the twenty-one (21) day
reclaiming period, such owner and lien-
holders sball no longer have any right,
title, claim or interest in or to such
more than twenty-four (24) hours vehicle.
without being moved, the Police id) If the identity of the last regis-
' " tered owner cammt be determined, or
Depm'tment shall issue a nohce of ime
under Section 25-274 of the Code of if the registration contains no address
Ordinances. If such vehicle has not for the owner, or if it is knpossible to
Regular Session, December 15, 1986
determine with reasonable certainty
the identity and addresses of all lien-
holders, notice by on~ publication in
one newspaper of general circulation
shall be sufficient to meet the require-
ments of notice under this section.
(e) The owner or any lienholder
may, by written request, deliver to the
Police Department prior to the expira-
tion of the twenty-one (21) day
reclaiming period, obtain an additional
fburteen days within which the vetficle
may be reclaimed."
"Sec. 25-392. Unathorized removal
of vehlcle.
ia) It shall be unlawful for any per-
son to remove a vehicle from the facil-
ity where it is being hem without the
prior payment of accrued fines and
costs for each outstanding violation,
towing, preservation and storage
charges resulting from placing the
vehicle in custody and the costs of the
notice requirred pursuant to Section
25-391.
(b) The Police Department is
authorized to summarily re-impound
any vehicle removed in violation of
this Section."
"Sec. 25-393. Auction of vehicles.
If a vehicle has not been reclalined
as provided in Section 25-391 the
Police Department shall dispose of
such vehicle as provided by the Code
of Iowo2'
Passed, approved and adopted this
15th day of December, 1986.
/s/James E. Brady
ATTEST: Mayor
/s/Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
December, 1986.
Mary A. Davis
City Clerk
It 12/22
Communication of City Manager sub-
rm~ting Ordinance to update portions of
Chapter 26 and several sections of
Chapter 27 of the Code of Ordinances,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
,PEALING SECTIONS 26-1
26-7, 26-9, 26-11, 26-15,
THROUGH 26-17, 26-29 THROUGH
AND SECTIONS 27-47, 27-48,
27-52 AND 27-53 THEREOF AND
~NACTING NEW SECTIONS 26-1
THROUGH 26-16, 26-29, AND 26-30 IN
LIEU THEREOF PROVIDING FOR
THE UPDATING OF THE CRIMINAL
SECTIONS OF THE CODE OF OR-
DINANCES, presented and read. Coun-
cil Member IGuesner moved that this be
the first reading of the Or-
dinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council
Member Simon. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 97-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
tEPEALINGSECTIONS 26-1
THROUGH 26-7, 26-11, 26-15
THROUGH 26-17, 26-29 THiIOUGH
AND SECTIONS 27-47, 27-48,
27-52 AND 27-53 THEREOF AND
]NACTING NEW SECTIONS 26-1
THROUGH 26-16, 26-29 AND 26-g0
IN LIEU THEREOF PROVIDING
[,'OR THE UPDATING OF THE
',RIMINAL SECTIONS OF THE
~1 OF ORDINANCES.
NOW TttEREFORE, BE IT
)RDA1NED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
10WA:
Section 1. That the Code of Ordi-
mnces of tbe City of Dubuque, Iowa,
be amended by repealing Sections 26-
1 through 26-7, 26-9, 26-11, 26-15
through 26-17, 26-29 through 26-32 and
Sections 27-47, 27-48, 27-52 and 27-53
thereof and euacting new Sections 26-
1 tln'ough 26-16, 26-29 and 26-30 in liew
thereof as follows:
ARTICLE 1. GENEltALLY
SEC. 26-1. DISORDERLY
COUNDUCT.
It shall be unlawthl for a person to
do any of the following:
ORDINANCE NO. 97-86 ia) Engage in fighting m' violent
AN ORDNANCE AMENDING THE behavior hi any public place or in or
near any lawlul assembly of persons
CODE OF ORDINANCES OF THE CI- Im' invite o' defy another person to
TY OF DUBUQUE, IOWA, BY ·
455
454
Regular Session, December 15, 1986
fight, provided, that participants in
athletic contests ~nay engage in such
conduct which is reasonably related to
that sport.
(b) Make loud and raucous noice in
the vicinity of any residence or hos-
pital wtffch causes unreasonable dis-
tress to the occupants thereof.
(c) Willfully suffer or permit in any
house or upon any premises owned,
occupied, possessed or controlled by
her/him any unusually loud or
excessive noice in such a manner cal-
culated to provoke a breach of the
pe~ce of others, or the public quiet of
ttxe neighborhood.
(d) Directs abusive epitaphs or
makes any threatening geture which
the person knows or reasonably should
know is likely to provoke a violent
reaction by anther.
(e) Without lawfal authority or color
of authority, disturbs any iawfal
assembly or meeting of persons by
conduct intended to disrupt the meet-
lng or assembly.
(f) Knowingly and publicly uses the
flag of the United States in such a
manner as to show disrespect for the
flag as a symbol of the United States,
with the intent or reasonable expecta-
tion that such use will provoke or
encore'age anott~er to cmnmit a public
(g) Without authority or justifica-
tion, obstructs any street, sidewalk,
bighway or other public way with the
intent to prevent or hinder its lawful
use by others.
SEC. 26-2. RINGING OF BELLS,
GONGS, ETC.
It shall be unlawfal for any persn
witl~n the corporate lintits of this city
to ring or sound any bell, auction bell,
gong, or similar device upon the streets
or alleys within the city, or in front of
any place of business or dwelling
house, or upon any vchicls for the pun-
pose of advertising any auction or
the peace of others.
SEC. 26-3. HARRASSMENT OF
CIq~ EMPLOYEES.
(a) It shall be unlawful for any per-
son to willfally pre,Jent or attempt to
prcvent any city employee from the
performance of any official duty.
(b) It ~m]l be unlawful for any per-
threat of bodily or property harm to
any city employee or the city
employee's family during the course of,
or as the result of, the performance
of any official duty by the city
employee in which the city employee
is identified as such.
SEC. 26-4. FALSE AND
FRAUDULENT REPORTS.
It shall be unlawful for any person
to intentionally and without good
cause give a false or fl. audulent report
of a crime, a fire, or an accident by
calling any peace officer, physician,
hospital, ambulance service, or fire
department, or by crying or sounding
an alarm, or by performing any act
calculated to cause such report or
alarm, or who intentionally communi-
cates false or fl'audulent information
with reference to a crime, a fire, or an
accident to any peace officer, phys-
ician, hospital, ambulance service, or
fire department, or by words or action,
initiates or circulates a report of warn-
lng of epidemic or other castastrophe.
SEC. 26-5. REFUSING TO
ASSIST A POLICE OFFICER
It shall be unlawful for any person
to unreasonably and without lawful
cause, refuse or neglect to render assis-
tance when requested or ordered by a
)olice officer to render the police offi-
cer assistance in making or attompting
to make an arrest or to prevent the
commission of any criminal act.
~EC. 26-6. FALSE REPRESENTA
['ION OF RECORDS OR PRO-
CESS.
It shall be unlawful for any person
represent any document or paper to
be a public record or any civil or crimi-
ual process when the person knows
such representation to be false.
SEC. 26-7. USE OF BOWS AND
ARROWS, SLINGSHOTS, ETC
It shall be unlawful for any person
within the corporate finfits of this city
to have in l~s possession or to use any
slingshot of any kind, m' to willfully or
carelsssly throws any stone, stick or
other ntissile in such a manner as to
vindow or other property or for any
person within the co~orate limits of
the city to hunt with a bow and
SEC. 26-9. INTOXICATION
It shall be unlawful for any person
to become drunk or intoxicated or
Iound in a state of intoxication, or if
~ound in a state of intoxication, refuse
the offer of a police officer to be taken
SEC. 26-11. INDECENT
EXPOSURE
It shall be unlawful for any person
to expose the person s gcmtal or pubes
n view ora third person.
SEC, 26-14. UNAUTHORIZED
456
Regular Session
COMPUTER ACCESS.
It slml] be unlawful for any person
to knowingly and without authoriza-
tion access a computer, computer sys-
SEC. 26-15. CRIMINAL
MISCHIEF.
It shall be unlawful for any person
to damage, deface, alterate or destroy
any tangible property when done
intentionally by one who has no right
SEC. 26-16. TRESPASS.
(a) It shall be unlawful for any per-
son to knowingly trespass upon the
property of another.
(b) For the purpose of this section
the term "trespass" shall not mean
entering upon the property of another
for the sole purpose to retrie¼ng per-
sonal property which has accidentally
or inadvertently been thrown, fallen,
strayed, or blown on the property of
another, provided that the person
retricving the property takes the most
direct and accessible route to and from
the property to be retrieved, quits the
property as quickly as is possible, and
does not unduly interfere with the
lawful use of the property.
ARTICLE Il. ASSEMBLIES.
SEC, 26-29, PERMIT REQUIRED.
Before any association, company,
society, order, exhibition or agg~'egation
of persons shall collect or gather
together or parade or march upon the
streets or public places of the city, they
shall first obtain a permit fi'om the city
manager, which permit, when issued,
shall be without charge, and shall state
the time, manner and conditions of
SEC. 26-30. UNLAWFUL
ASSEMBLY.
(a) Any unlawful assembly is three
with them or any of them acting in
violent manner, and with intent that
they or any of them wll cmnmit a
public offense or causing other persons
to be intimidated, harassed or placed
in fear of bodily hax~a~.
(b) It shall be unlawful for a person
to willingly join in om' ~emain a part
of an unlawful assembly, knowing or
having reasonable grounds to believe
that it is such.
(c) It shall be unlawful for any per
son within the hearing distance of a
po]ice officer who orders the partici-
pants in an unlawful assembly of per-
sons in the flmncdiate vicinity of an
unlawful assembly to refuse to dis-
(d) Notl~ng in this section shall be
December 15, 1986
;athering together in orderly or law-
ful assemblies and which will not result
in the dis.turbance of the peace or dis-
orderly conduct.
PASSED, ADOPTED AND
APPROVED tiffs 15th day of Decem-
ber, 1986.
/s/James E. Brady
MAYOR
ATTEST:
/s/Mary A. Davis
CITY CLERK
Pubfished officially in the Telegraph
Herald newspaper this 23rd day of
December, 1986.
Mary A. Davis
City Clerk
It 12/23
Communication of City Manager sub-
mitting three Ordinances repealing ob-
solete provisions in the City Code of Or-
dinances, presented and read. Council
Member Kluesner moved that the com-
munication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote:
Yeast-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 98-86
kN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 26-84
~HROUGH 26-88 THEREOF PRO-
VIDING FOR REGULATING SALE
AND USE OF MODEL GLUE,
presented and read.
Council Member Kluesner moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
~nd voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kronfeldt, Manning. Simon.
Nays--None.
ORDINANCE NO. 98-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
457
Regular Session__.~___LDeceraber 15, 1986
REPEALING SECTIONS 26-84
THROUGH 26-88 THEREOF pRO-
VIDING FOR REGULATING SALE
AND USE OF MODEL GLUE
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by ~epealing Sections 26-
84 througi~ 26-88.
passed, approved and adopted this
15th day of December, 1986.
/s/James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
December, 1986.
Mary A. Davis
City Clerk
it 12/22
ORDINANCE NO. 99-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE C1-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 26-69
THROUGH 26-72 THEREOF PRO-
VIDNG FOR PROHIBITING GAMBL-
ING, presented and read.
Council Member Kluesner moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council
Member Simon. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 99-86
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA,
BY REPEALING SECTIONS 26-29
THROUGH 26-72 THEREOF PRO-
VIDING FOR PROHIBITING GAM-
BLING
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repeMing Sections 26-
69 through 26-72.'
Passed, approved and adopted this
15th day of December, 1986.
/s/James E. Brady
Mayor
ATTEST:
Me~'y A. Daivs
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
December, 1986.
Mary A. Davis
City Clerk
It 12/22
ORDINANCE NO. 100-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 8-1
THROUGH 8-6 AND SECTIONS 8-27
THROUGH 8-32 THEREOF PRO-
¥IDING FOR REGULATING AUC-
TIONS AND AUCTIONEERS,
presented and read.
Coundl Member Kluesner moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council
Member Simon. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 100-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 8-1
THROUGH 8-6 AND SECTIONS 8-
27 THROUGH 8-32 THEREOF PRO-
VIDING FOR REGULATING AUC-
TIONS AND AUCTIONEERS
NOW THEREFORE, BE IT
ORDAINED BY THE CPPY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Sections 8-1
ttu'ough 8-6 and Sections 8-27 th~-ough
8-32.
Passed, approved and adopted tbis
15th day of December, 1986.
/s/James E. Brady
Mayor
Regular Session,__.~Deceraber 15, 1986
ATTEST:
Mary A. Davis
City Clerk
Pubhshed officially in the Telegraph
Herald newspaper this 22nd day of
December, 1986.
Mary A. Davis
City Clerk
It 12/22
ORDINANCE NO. 101-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY AD-
DING A NEW YIELD INTERSEC-
TION TO SUBSECTION (3) OF SEC-
TION 25-212 THEREOF PROVIDING
FOR THE DESIGNATION OF
YIELDS SIGNS AT THE INTERSEC-
TION OF ADMIRAL SHEEHY DRIVE
AND THE UNNAMED STREET 220
FEET SOUTH OF U.S. HIGHWAY
61-151, said Ordinance having been
presented and read at the Council
Meeting of 12-1-86, presented for further
action. Council Member Kluesner mov-
ed that the requirement that a propos-
ed Ordinance be considered and voted
on for passage at two Council Meetings
prior to the meeting at which it is to be
finally adopted be suspended and fur-
ther moved final adoption of the Or-
dinance. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 101-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ADDING A NEW YIELD INTER-
SECTIN TO SUBSECTION (3) OF
SECTION 25-212 THEREOF PRO-
VIDING FOR THE DESIGNATION
OF YIELD SIGNS AT THE INTER-
SECTION OF ADMIRAL SHEEHY
DRIVE AND THE UNNAMED
STREET 220 FEET SOUTtI OF U.S.
HIGHWAY 61-151
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances to the City of Dubuque, Iowa,
be amended by adding a new yield
intersection to Subsection (3) of Sec-
tion 25-212 thereof as follows:
"Sec. 25-212. Yield intersections.
(3) Eastbound vehicles. Eastbound
rehicles must yield befbre entering the
intersection of:
Admiral Sheehy Drive and the
remained street 220 feet south of U.S.
Highway 61-151.
PASSED, APPROVED AND
~DOPTED tbJs 15th day of December,
1986.
/s/James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clm'k
Published officially in the Telegraph
Herald newspaper this 19th day of
December, 1986.
Mary A. Davis
City Clerk
ORDINANCE NO. 102-86
AN ORDINANCE AMENDING TIlE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY ENAC-
lNG NEW SECTIONS 27-116
, THROUGH 27-121 THEREOF PROr
VIDING FOR THE DESIGNATION OF
CERTAIN PARK AND RECREATION
AREAS, said Ordinance having been
presented and read at the Council
Meeting of 12-1-86, presented for further
action. Council Member Kluesner mov-
ed that the requirement that a propos-
ed Ordinance be considered and voted
on for passage at two council meetings
prior to the meeting at which it is to be
finally adopted be suspended and fur-
ther moved final adoption of the Or-
dinance. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 102.86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING NEW SECTIONS 27416
THROUGH 27-12I THEREOF PRO-
VIDING FOR TIlE DESIGNATION
OF CERTAIN PARK AND RECITE-
ATION AREAS.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF ~HE CITY OF DEBUQUE,
IOWA:
Section 1. That ffie Code of Ordi-
lmnces of the City of Dubuque, Iowa
be amended by enacting Sections 27-
459
458
Regular Session,_~December 15, 1986
116 through 27-121 thereof as follows:
SEC. 27-116. MADISON PARK
Thc following described parcel of
real estate is and shall be continued
to be known, called and named as
"Madison Park" and placed under the
jurisdiction of the Park and Recreation
Commi~ion.
Lots 32, 33 and 34 of the Subdivsion
of Lots 676 and 677 in L.H. Lang-
worthy Addition; Lot 5 of the Subdi-
vision of Lot 674 in L.H. Langworthy
Addition; Lot 1 of Lot 2 of the Sub-
division of Lots 676 and 677 in L.H.
Langworthy Addition; Lot 3 of Lot 3
of ti~e Subdivision of Lots 676 and
677 in L.H. Langworthy Addtion;
and two unnmnbered Lots lying
between Lots 677 and 678 in L.H.
Langworthy Addition, all in the City
of Dubuque, U VsWA.
SEC. 27-117. LOUIS MURPHY
PARK
The following described parcel of
real estate is and shall be continued
to be known, called and named as
"Louis Mm'phy Park", also tbrmerly
known as Grandview Park, and placed
under the jm%dictiou of the Park and
Recreation Commission.
That part of Lots 1, 2 and 4 of Min-
eral Lot 37 lying Southerly of High-
way 61; that part of Lots 1, 2, 3, 4
and 5 of O'Connor's Subdivision lying
southerly of Idighway 61; Westerly 42
feet of Lot 2 and the Westerly 42
feet of Lot 2 of Lot 15 in Sununer
H~I1 Addition; Lots 14, 15, 16 and 17
in Rowan's Addition; Lot t of Lot 1
of the Subdivision of Mineral Lot
36A; Lot 1 of Lot 2 of Mineral Lot
38; and that part of Lot 6 and all of
Lots 7, 8, 9, 10, I1, 12 and 13 lying
Easterly of Highway 61, all in the
City of Dubuque, Iowa.
SEC. 27-118. VETERANS
MEMORIAL PARK.
The following described parcel of
~eal estate is and sbail be continued
to be known, called an,d, named as
"Veterans Memox~al Park' and placed
under the jurisdictiion of the Park and
Recreation Commission.
Lot 2 of Mineral Lot 382, Lots 1 and
2 of Lot 1 of Mineral Lot 383, Min-
eral Lot 384 and part of Lot 1 of Lot
l of Lot 2 of Mineral Lot 385 lying
South of TbJrty Second Street, ail in
the City of Dubuque, Iowa.
SEC. 27-119. EAGLE POINT
PARK
AND HAM HOUSE MUSEUM.
The following described p~rce] of
redi estate is and shall be continued
to be known, called and named ~
"Eagle Point Park" and includes the
land upon which the Ham House
Museum is situated and placed under
the jurisdiction of the Park and Rec-
reation Com~nission.
Lot 1 through Lot 7 in Berendes Sub-
division; Lot 2 in Chris Braun's
Place; Lot I of Lot I of Lot 2 of Lot
2A in Clark's Subdivision; Lot 2 of
Lot t, Lot 2 di'Lot 1 of Lot 1, and
Lot 2 in Eagle Point View; Lot 2 of
Lot 6, Lot 2 of Lot I of Lot 6, and
Lot 107 through Lot 124 in Fountain
Hill Resubdivision; Lot 529 through
Lot 534 in Ham's Addition; Lot 503
through Lot 515 in Ham's Addition
(Eagle Point); Lot 2 of Lot 221, Lot 1
of Lot 222, Lot 223 and Lot 224 in
Julien Addition; Lot I through Lot 6
in Kattmrlne Place; Lot 2 of Lot I of
Lot i of Lot 1 in Potter Place; Lot 1
through Lot 10 in Potter's Shiras
Avenue Place; Lot i of Lot 2 of Lot
3 and Lot 2 of Lot 3 in Shiras Subdi-
vision; and parts of Mineral Lots
305A, 308, 309A, 310, 311 and 312, all
in the City of Dubuque, Iowa.
SEC. 27-120. BUNKER
HILL GOLF COURSE
The following described parcel of
redi estate is and shdil be continued
to be known, called and named as
"Bunker Hill Golf Course" and placed
under the jarisdiction of the Park and
Recreation Commission.
Part of Lot 2 in Highland Farms
Addition; Lot 16 in Pfohl's Subdivi-
sion; Mineral Lots 189, 200, 201, 202,
210, 270, 336 and 370; and parts of
Mineral Lots 190, 265 and 340, all in
the City of Dubuque, Iowa.
Sec. 27-121. MUNICIPAL
SWIMMING POOL
The fdilowing described parcel of
real estate is and shall be continued
to be known, called and named as
"Municipal Swimming Pool" and
placed under the jurisdiction of the
Park and Recreatinn Commission.
Part of Lots 44, 45, 46, 47, 48, 331,
332 and 333 in Hmn's Addition; that
part of vacated Garfield Avenue lying
adjacent to Lots 45, 46, 331 and 332
in Ham's:~ Addition; that part of
vacated Summer Street lying adja-
cent to Lots 44, 45, 46, 47, 48, 331,332
and 333 in Ham's Addition; and that
part of the vacated alley lying adja-
cent to Lots 46 and 47 in Ham's
Addition, all in the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED this 15th day of Decem-
ber, 1986.
/s/James E. Brady
Mayor
460
Regular Session, December 15, 1986
ATTEST:
Mary A. Davis
CITY CLERK
Pub5shed officially in the Telegraph
Herald newspaper this 23rd day of
December, 1986.
Mm'y A. Davis
It 12/23 City Clerk
Communication of City Manager
recommending approval of an Agree-
ment for Milk Sanitation Laboratory
Services with Dale R. Cooper, presented
and read. Council Member Kluesner
moved that the communication be
received and filed. Seconded by Council
Member Simon. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Ddich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 278-86
RESOLUTION APPROVING AN
AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND
DALE R. COOPER, D/B/A
MANCHESTER MILK SANITATION
UNIT, AND AUTHORIZING AND
DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE
SAID AGREEMENT ON BEHALF
OF THE CITY OF DUBUQUE, IOWA
WHEREAS, the City, through a
Memorandum of Understanding with
the Iowa Department of Agriculture,
has the authority and responsibility to
administer and enforce Chapter 192
(Production and Sale of Dairy Products),
Code of Iowa, 1985; and
WHEREAS, the City desires to ob-
tain the services of a laboratory certified
to perform tests to determine the
sanitary quality of milk and dairy pro-
ducts for public report; and
WHEREAS, Dale R. Cooper, d/b/a
Manchester Milk Sanitation Unit, is cer-
tified to perform such tests pursuant to
the provisions of Iowa Code, Section
192.63; and
WHEREAS, an Agreement between
the City of Dubuque, Iowa and Dale R.
Cooper, d/b/a Manchester Milk Sanita-
tion Unit, has been prepared and
presented to the parties.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the attached Agree-
merit between the City of Dubuque,
Iowa and Dale R. Cooper, d/b/a Man-
chester Milk Sanitation Unit, is hereby
approved.
Section 2. That the Mayor and City
Clerk are hereby authorized and directed
to execute said Agreement on behalf of
the C~ty of Dubuque, Iowa.
Passed, approved and adopted this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Ddich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mitting Resolution providing for the ap-
pointment of Dr. Charles Griffin and Dr.
Mark Singsauk as C~-Medical Directors
of the City of Dubuque's Ambulance
Service, presented and read.
Council Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Ddich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 279-86
APPOINTING MEDICAL
DIRECTORS FOR THE CITY
OF DUBUQUE'S ADVANCED
EMERGENCY MEDICAL CARE
AMBULANCE SERVICE
WHEREAS, the rules of the Iowa
Department of Health require that an
advanced emergency medical care am-
bulance service authorized by that
Department be under the direction, ad-
vice or orders by a medical director who
supplies professional expertise for ad-
vanced emergency medical care; and
WHEREAS, the Dubuque County
Medical Society has recommended that
Dr. Charles Griffin and Dr. Mark
Singsank be appointed as Co-Medicdi
Directors of the City of Dubuque's ad-
vanced emergency medical care a~n-
bulance service; and
WHEREAS, Drs. Griffin and
461
Regular Session, December 15, 1986
Singsank have consented to such ap-
pointment and said appointments would
be in the best interest of the city of
Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Dr. Charles Griffin
andZ)n Mark Singsank be and they are
hereby appointed as Co-Medical Diree-
tots of the City of Dubuque's twenty-
four hour advanced medical care am-
bulance service authorized by the Iowa
Department of Health.
Passed, adopted and approved this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfaidt, Manning, Simon.
Nays--None.
BOARDS AND COMMISSIONS:
Five Flags Civic Center: Applicants:
Greg Cigrand, Ruth Nash, Neal
McEvoy and Betty Cordes. Vote was as
follows:
Mayor Brady voted for McEvoy,
Council Member Deich voted for
McEvoy, Council Member Kluesner
voted for Gig-rand, Council Member
Kcieg voted for McEvoy, Council
Member Kronfaidt voted for McEvoy,
Council Member Manning voted for
McEvoy, Council Member Simon voted
for McEvoy. Therefore Neai McEvoy
appointed for an unexpired term which
will expires 6-29-88.
RESOLUTION NO. 280-86
BE IT RESOLVED by the City Coun-
cil 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 perntit to sell
Cigarettes and Cigarette Papers within
said City.
Lynn A. LaPage 600 Central Ave.
Park Square Ta':etn
Passed, adopted and approved this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 281-86
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bond;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named applicants
a Beer Permit.
CLASS "C" BEER PERMIT
Mole Oil Co. 9th and Central
Big "10' Mart (Also Sunday Sales)
Angel Investment Co. 2699 Rockdale Rd.
Casey's Store (Also Sunday Sales)
Passed, adopted and approved this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 282-86
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
462
Regular Session, December 15, 1986
State Law and ail City Ordinances rale-
vant thereto and they have filed proper
bonds;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appfi-
cant(s) a Liquor License.
CLASS "B" (HOTEL-MOTEL)
BEER AND L1QEOR LICENSE
Design Center, Inc. 200 Main St.
Julien Motor Inn (Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
J. Richman - R. Spiegel 1060 Univeraity
Avenue Tap (Also Sunday Sales)
Joseph P. Bleile 2600 Central
A&B Tavern
Angelina Bertolini 1268 Main St.
Marie's Italian Rest. Lounge (Also Sunday Sales)
Moracco, Inc. 1412 Rockdale
Gary and Jeanne Helar
The Rib Tickler, Inc. 1895 J.F.K.
Allan Tigges-Bev Ready (Also Sunday Sales)
Kachevas, Inc. 666 Dodge
Demetris Rest.-¥iking Lounge(Also Sunday Sales)
BSly Bucks, Inc. 621 E. 22nd St.
Wm. & Shirley Meyer (Also Sunday Sales)
Wm. C, Tam - Steven Long 2600 Dodge St.
Rusty's Chinese Restaurant (Also Sunday Sales)
Nancy Pauly 951 Main St.
The Brewing Co.
Passed, adopted and approved this
15th day of December, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg
Kronfeldt, Manning, Simon.
Nays--None.
MINUTES SUBMITTED: Dock
Comm. of 12-2; Five Flags Comm. of
11-17; Housing Code Review Committee
of 11-12; Public Library Board of
Trustees of 11-25; Joint Worksesaion of
planning and Zoning Comm. & Historic
Preservation Comm. of 11-12 & 11-19;
Planning and Zoning Comm. of 12-3;
Zoning Bd. of Adjustment of 11-20;
presented and read.
Com~cil Member Manning moved that
the minutes be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on List of Claims for month
of October, 1986, presented and read.
Council Member Manning moved that
the proof be received and filed. Second-
ed by Councll Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kcieg,
Kronfeldt, Manning, Simon.
Nays--None.
REFUNDS REQUESTED: Terry
Frederick, $50 on unexpired Cigarette
License; Mary Turner $50, on unexpired
Cigarette License, presented and read.
Council Member Manning moved that
the refunds be approved and Finance
Director to issue the proper checks.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Alice Eberhart expressing dissatisfac-
tion with denial of claim for property
damage due to water from alley in heavy
rainfall, presented and read. Council
<xonfeldt moved that this mat-
ter be referred to the Staff for summary
~f the incident and long range plans as
to the impact to the entire City for in-
cidents. Seconded by Council Member
Manning. Carried by the following vo~e:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Mrs. James Hall, in amount of
, for backed-up sewer damages; ITT
Financial Services, Inc. vs. Sharon L.
Dull et al submitting Petition in Equi-
ty, presented and read.
Council Member Manning moved tbat
the claims and suits be referred to the
Legal Staff for investigation and report.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel recommending denial of the
following claims: Sewer back-up of
463
Regular Session, December 15, 1986
Lloyd Pluemer; Sewer back-up of Mike
Pluemer; Sewer back-up of Dale
Droessler; Sewer back-up of Wm. Frey;
Sewer back-up of Terry Eglscfier; and
Property damage claim of Mary Sauser,
and letter from Cindy Duve, presented
and read.
Council Member Kronfeldt moved
that the communications be referred
back to Staff with direction for response
at the next Council Meeting. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfaldt, Manning, Simon.
Nays--None.
Dennis Ryan, General Manager of
KDTH & KAT-FM, advising of their
tent to match dollar for dollar all adver-
tieing placed with their stations on
behalf of the Airport Marketing Cam-
paign, presented and read.
Council Member Kronfaldt moved
that the communication be received and
filed. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mitring response to petition of residents
of Aurora Street regarding a drainage
problem and recommending City offer
to pay 50% of construction for
underground storm sewer and the re-
maining 50% be assumed to the proper-
ty owners, presented and read.
Council Member Kronfeldt moved
that the communication be received and
filed and directed Staff to rewrite the Or-
dinance which would authorize discon-
nection of such drains that would en-
danger public safety. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Krieg, Kronfeldt, Manning,
Simon.
Nays--Council Members Deich,
Kluesner.
Communication of Roger M. Massey,
of HUD, advising of the approval of the
City's request for recertification of
eligibility for UDAG program,
presented and read.
Council Member Manning moved that
the communication be received and
filed. Seconded by Council Member
Daich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, KIuesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel recommending settlements of
tm' damages to the following: Clark
Glover, in amt. of $24.96; Janice Grot-
john, in amt. of $19.16; Linda Hafel, in
amt. of $15.55; Deborah Herman, in
amt. of $22.88; Sonia Hickson, in amt.
of $24.96; Sharon Hues, in amt. of
$18.72; Mrs. Louis Pottebanm, in amt.
of $33.28; Ray Schmitt, in amt. of
$23.50; Janaes Schute, in amt. of $19.78,
presented and read.
Council Member Manning moved that
the communication be received and fil-
ed and approved and Finance Director
to issue proper checks. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Assistant City At-
torney O'Brien submitting Resolution
providing for correction of name in the
Indemnity Agreement with Swiss
Valley Farms Co., presented and read.
Council Member Manning moved that
the communication be received and fil-
ed. Seconded by Council Member Daich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 283-86
RESOLUTION AUTHORIZING
THE EXECUTION AND DELIVERY
OF AN INDEMNITY AGREEMENT
BY AND BETWEEN SWISS VALLEY
FARMS, CO. AND THE
CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque, a
municipal corporation of the State of
Iowa (City), has been requested to in-
demnify Swiss Valley Farms, Co. (Swiss
Valley) for any costs it may have to ex-
pend as a result of judgments and in-
heritance tax liens which appear in the
abstract of title to certain real estate,
which is the subject matter of an agree-
ment between the City and Swiss
Valley, all as more fully set forth in the
464
Regular Session, December 15, 1986
Indemnity Agreement attached hereby
and
WHEREAS, the City is required by
agreement to provide Swiss Valley with
merchantable title; and
WHEREAS, Swiss Valley has raised
questions concerning these matters; and
WHEREAS, it appears that execu-
tion by the City of an Indemnity Agree-
ment to Swiss Valley Farms, Co. is ap-
propriate under the circumstances.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City as follows: The Mayor and the Ci-
ty Clerk are hereby authorized to ex-
ecute the attached Indemnity
Agreement.
Adopted and approved December 15,
1986.
City of Dubuque, Iowa;
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member moved adoption of
the Resolution. Seconded by Council
Member Deich. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Co~nmunicatinn of Assistant City At-
torney O'Brien submitting Resolution
authorizing Mayor mad City Clerk to ex-
ecute a Deed from the City to Swiss
Valley Farms, Co., presented and read.
Council Member Manning moved that
the communication be received and fil-
ed. Seconded by Council Member Daich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 284-86
RESOLUTION AUTHORIZING
THE EXECUTION AND DELIVERY
OF A QUIT CLAIM DEED FROM
THE CITY OF DUBUQUE, IOWA
TO SWISS VALLEY FARMS, CO.
WHEREAS, the City of Dubuque, a
municipal corporation of the State of
Iowa (City), and Swiss Valley Farms, Co.
(Swiss Valley) have previously entered
into an agreement for the sale of certain
real property legally described as
follows, to-wit:
Lot 1 of Lot 74; Lot 1 of Lot 2 of Lot
75, except the southwesterly 2 feet
thereof; Lot 1 of Lot 82, Lot 1 of Lot 2
of Lot 83; Lots 80 and 81; Lot 2 of Lot
2 of Lot 83; Lot 2 of Lot 82; Lot 82A;
Lot 1 of Lot 83; Lot 2 of Lot 84; Lot
83A; Lot 1 of Lot 84; Lot 2 of Lot 85;
Lot 84A; Lot 1 of Lot 85; Lot 85A; Lots
90 and 91; Lot 92; Lot 93; the Norther-
ly half of the vacated alley abutting said
Lots 90, 91, 92 and 93; and an interest
in the vacated alley adjoining and abut-
ting Lots 80 and 81; except that part of
Lot 81 and the vacated alley abutting
~aid Lot conveyed to the State of Iowa
by Warranty Deed at Book of Lands No.
58, page 703, records of Dubuque Coun-
ty, Iowa, according to the recorded Plats
thereof; all in Linehan park Addition, in
the City of Dubuque, Iowa, according to
the recorded Plats thereof.
WHEREAS, said agreement has
previously been authorized in accor-
dance with the authority granted in Ci-
ty Council Resolution Nos. 148-86 and
209-86; and
WHEREAS. the parties now wish to
transfer title to the said property.
NOW, THEREFORE, BE IT
RESOLVED by the City Conncll of the
City as follows: The Mayor and the Ci-
ty Clerk are hereby authorized to ex-
ecute the Quit Claim Deed attached
hereto.
Adopted and approved December 15,
1986.
City af Dubuque, Iowa;
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
There being no further business, Coun-
cfi Member Kronfeldt moved to adjourn.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
465
Regular Session, December 15 1986
Nays--None.
Meeting adjourned at 11:46 P.M.
Mary A. Davis
City Clerk
Approved _ 1987
Adopted _ __ 1987
Mayor
Council Members
ATTEST:
City Clerk
466