1985 April Council ProceedingsRegular Session, April l, 1985
230
CITY COUNCIL
OFFICIAL
Regular Session, April 1, 1985.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
l~uesner~ City Manager W. Kenneth
Gearhart, Corporation Counsel Barry
A. Lindahi.
Absent at Roil Call:--Council
Member Kronfeldt
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
REGULAR MONTHLY MEETING
of the City Council called for the put-
pose to act upon such business which
may properly come before the Council.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich. Hamme]
Kluesner, Manning.
Nays--None.
Absent--Councl] Member Kron-
feldt.
Council Member Kronfeldt entered
the Chambers at 7:32 p.m.
Proof of publication certified to by
the Publisher, on Notice of Public
Hearing on the proposal to discontinue
the Community Development Com-
mission, presented and read. Council
Member Beurskens moved that the
proof of publication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers BeurakenZ; Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub-
mitting outLine for the procedure to
discontinue the Community Develop-
ment Commission and requesting pro-
per action be taken, presented and read.
Council Member Beurskens moved that
the communication be received and ill-
ed and staff to proceed. Seconded by
Council Member Manning. Carried by
the fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Eluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication certified to by
the Publisher, on Notice of Public Hear-
lng for ~he purpose of considering the
vacation and release of a Water Well
Easement granted to the City relating
to and affecting Lot 9, Block 1 of Riverm
front Subdivision No. 5., presented and
read. Council Member Beurskens mov-
ed that the proof of publication be
received and filed; Seconded by Council
Member tfJuesner. Carried by the
fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurakens, Deich, Hamme],
Kluesner, Kronfeidt, Mann~ng.
Nays--None.
RESOLUTION NO. 90-85
RESOLTION AUTHORIZING
'VACATION AND RELEASE OF A
20' X 79' WATER WELL EASE-
MENT TO THE CITY RELATING
TO AND EFFECTING LOT 9,
BLOCK 1 OF RIVERFRONT SUB-
DIVISION #5
WHEREAS, pursuant to resolution
and published notice of time and place
of hearing, posted in the Telegraph
Herald, a newspaper of general clreula-
~on, published on March 22, 1985 in the
City of Dubuque, Iowa met on the 1st
day of April, 1985 at 7:30 o'clock p.m. in
the Public Library Auditorium to con-
s~der the vacation and release of a 20' x
79' water well easement granted to the
City relatnig to and affecting Lot 9,
Block 1 of Riverfront Subdivision #5 in
the City of Dubuque, Iowa, all shown
on the plat filed May 2, 1974 as Instru-
merit No. 3189-74 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
Regular Session, April 1, 1985 231
282
best interest of the public that said
release and vacation he granted and
that said easement be abandoned to
the proprietor.
NOW, THEREFORE, BE IT
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the proposal to
vacate and release a twenty foot wide
by seventy.nine foot (20' x 79') long
water well easement in the northeast
corner of Lot 9, Block I of Riverfront
Subdivision #5, as herein above setou~
and the abandonment of said easement
be to the Klauer Manufacturing Com-
pany and the same is hereby approved.
Section 2. That the Mayor and C~ty
Clerk be and they are hereby em-
powered to execute any documents
necessary to the releasing of said ease-
rnent, including this resolution, and
Mayor and City Clerk are hereby em-
powered to certify this Resolution.
Section 3. That 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 and Assessor.
Passed, adopted and approved thi~
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kinesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication certified to by
the Publisher, on Notice of Public Hear-
lng regarding disposing of certain pro-
perry in Block 1, Riverfront Subdivi-
~on No. 5 to Klauer Manufacturing
Company, presented and read. Council
Member Beurskens moved that the
proof of publication be received and fil-
ed. Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager sfib-
mitring Resolution regarding the pro-
posed disposition of City's interest in
property located in Riverfront Subdivi-
don No. 5 to Klauer Manufacturing
Co., presented and read. Council
Member Beurskens moved that the
communication be received and fded.
Seconded by Council Member Kron.
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 91-85
Resolution of Intention of Dispose of
City Interest in Property in "River
Front Subdivision No. 5", to Klauer
Manufacturing Company
WHEREAS, Klauer Manufacturing
Company has acquired and owns Block
6, 7, 8 and 9 in "l~tver Front S~bdivi-
sion No. 5", in the City of Dubuque,
Iowa; and
WHEREAS, Klauer Manufacturing
Company has plans for relocating its
manufacturing facilities from Ninth
and Washington Street to this location
as a result of relocation from the plan-
ned 61 Expressway; and
WHEREAS, Klauer Manufacturing
Company is desirous of acquiring addi-
tional property contiguous to Block 9 in
order to fac'ditate the movement of
goods to and from its new manufactur-
ing facility; and
WHEREAS, the City Council on
March 18, 1985 by Resolution No. 81-85
set a public hearing on its intention to
dispose of this property by the City to
be held on April 1, 1985; and
WHEREAS, revisions have been
made in the proposed sales agreement
in language and in the amount of the
proposed sales price that necessitates
revision of the Resolution and the set-
ting of a new public hearing date for the
dispositinn of the City's interest in the
property.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That Resolution No. 81-85
adopted by the City Council on March
18, 1985 for disposition of its interest in
this piece of proper~ty is hereby
rescinded.
Secti°n 2. That the City of Dubuque,
Iowa intends to dispose of its interest
in a subdivision of Lot2 of the Sub. of
lot 1 of lot 1 of lot 1, Block 1, "River
Front Subdivision #5", in the City of
Dubuque, Iowa by sale to Klauer
Manufacturing Company (Purchaser)
and that the following language shall
be incorporated into the deed of sale:
"The City of Dubuque, lowa reserves
the perpetual and assignable rights of
easement in and to the above described
property for the purpose of entering
thereon to maintain, repair or operate,
patrol and replace existing flood con-
trol levee, including all appurtenances
thereto, and further including the right
to clear, cut fill, remove and dispose of
any and all timbers, trees, underbrush,
buildings, improvements and other
obstructions therefrom. All of the
above shall be at the expense of the Ci-
ty of Dubuque except the City of
Dubuque shall have no responsibility
to pay for the maintaining or replacing
of any hard surface. The Purchaser or
its assignee shall not construct or
operate any structure or machinery,
on, under or across said levee, nor shall
it excavate or make any change in the
levee or within the levee easement
without prior determination by the
~S. Corp of Engineers and the City of
Dubuque that such construction,
alteration, or operation would not
adversely affect the functioning of the
protective facilities. The Purchaser or
its assignee shall submit any requests
and plans to the Corp and the City for
approval prior to undertaking any
such work."
Section 3. That the Purchaser
covenants and agrees not to cause or
permit construction of any ira-
provements or building upon the sub-
ject area; provided the Purchaser, may
grode, pave, seed or landscape said area
and may erect, install maintain and
repair a security fence along and
within the boundary of subject area for
the purpose of establishing a security
perimeter around the industrial
facilities and adjoining property. Pu~
chaser further agrees that any security
Regular Session, April 1, 1985
fence erected within the area shall be
provided with operable gates of not
less than 12 feet opening (open width)
and located so as to permit access in-
eluding vehicular access to the area
from both ends. It shall be the purpose
of such case to provide the City of
Dubuque, its agents or assignee, to
have perpetual and unimpeded right to
access to the subject area and to the
flood protection levee. Plans for the
erection of such security fence and for
the location of gates shall be submitted
for approval to the City of Dubuque
prior to the installation of said fence. It
is hereby acknowledged that the Pu~
chaser is permitted to install lockable
devices on the gates on the condition
that the City of Dubuque shall be pro-
vided keys or other independent
means of access to the easement arec~
Section 4. That all existing recorded
easements shall remain in effect.
Section 5. That the City of Dubuque
covenants and agrees to have an
propriate abstract of title to said pro-
perry prepared from U.S. Government
Entry to date of certification, and that
such abstract shall show good and
merchantable title to said property
vested in the City of Dubuque, Iowo~
Section 6. That the City of Dubuque,
Iowa proposes to dispose of its in-
terest, with the reservations identified
herein, for the consideration in pay~
ment by Purchaser of $8,901.59 plus
cost of platting, abstracting, publica-
tion and recording fees.
Section 7. That the City Clerk be and
is hereby authorized and directed to
cause a notice to be published as
prescribed under 364.7 - Disposal of
Property - Code of Iowa, 1984 or as
amended,
Passed, adopted and approved this
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution with Public
Hearing scheduled for April 15, 1985
at 7:30 p.m. in the Public Library
Auditorium. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Regular Session, April 1,1985
233
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending to set a Public Hearing
~/City's interest in property in "River-
front Subdivision No. 5" to William C.
Brown, Publishers, presented and read.
Council Member Kluesner 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 Beurskens, Deich, Hammal,
Kluesner, Manning.
Nays--None.
Abstain--Council Member Kronfeldt
RESOLUTION NO. 9285
Resolution of Intention to Dispose ol
City Interest in Property in "River
Front Subdivision #5" in the
City of Dubuque, Iowa
WHEREAS, Wm. C. Brown Com-
pany, Publishers is the main plant
located at 2460 Kerper Boulevard,
Dubuque, Iowa; and
WHEREAS, Wm. C. Brown Com-
pany, Publishers has constructed a
s/zeable addition to the back of their
plant off Kilgere Street; and
WHEREAS, tiffs addition was a
replacement for facilities located at
Second and Iowa Streets, which
facilities have been acquired by the
Iowa Department of Transportation
for the Relocated 61 project; and
WHEREAS. Wm. C. Brown Com-
pany, Publishers is desirous of acqnir-
lag additional parking space on the cast
side of Kllgere Street in order that they
can develop long range development
plans; and
WHEREAS, this property is iden-
tiffed as Lot 2 of Subdivision of Lot 1 of
Lot 1 of Lot 1 of Lot 1, Block 1, River
Front Subdivision //5 in the City of
Dubuque, Iowa:
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the Ci-
ty of Dubuque, Iowa:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot 2
of Subdivision of Lot I of LOt I of Lot 1
of Lot 1, Block 1, River Front Subdivi.
sion #5 in the City of Dubuque, Iowa
by sale to Win. C. Brown Company,
Publishers (Purchaser) and the follow-
lng language shall be incorporated into
the deed of sale: "The C~ty of Dubuque,
Iowa reserves the perpetual and
assignable right and easement in and to
the above described property for the
purpose of entering thereon to main~
tein, repair, or operate, patrol and
replace existing flood control levee, in-
eluding all appurtenances thereto, and
further including the right to cleac, cu~
fil~ remove and dispose of any and all
timbers, trees, underbrusl~ buildings,
improvements and other obstructions
therefrom. The Purchaser or its
any structure or machinery on, under,
or across said levee, nor shall it ex-
cavato or make any change in the levee
or within the levee easement without
prior determination by the U.S. Corp of
Engineers and the City of Dubuque that
such construction, alteration, or opera-
tion would not adversely affect the func-
tioning of the protective facilities. The
Purchaser or its a~signee shall submit
any request and plans to the Corp and
the City for approval prior to undertok.
lng any such work."
Section 2. That the Purchaser
permit construction of any ira-
provements or building upon the sub-
ject area; provided the Purchaser may
gnule, pave, seed or landscape said are~
and may erec~ instal& maintain and
repair and replace a security fence along
and within the boundary of subject area
for the purpose of establishing a securi-
ty perimeter around the industrial
facilities and adjoining property. Pu~
chaser further agrees that any security
fence erected within the area shall be
provided with operable gates of not less
than 12 feet opening (open width) and
located so as to permit access including
vehicular access to the area from both
ends. It shall be the purpose of such
gates to provide the City of Dubuque,
its agents or assignee, to have perpetual
and unimpeded right of access to the
subject area and to the flood protection
levee. Plans for the erection of such
security fence and for the location of
gates shall be submitted for approval to
the City of Dubuque prior to the in.
stallation of said fence. It is hereby
234
Regular Session, April 1, 1985
acknowledged that the purchaser is
permitted to install lockable devices
on the gates on tha condition that the
City of Dubuque shall be provided
keys or other independent means of ac-
cess to the easement area.
Section 3. That all existing recorded
easements shall remain in effect.
Section 4. That the City of Dubuque,
Iowa will assign its interest in a lease
agreement dated September 15, 1980
with Riverside Tracto~Trniler, Inc., an
Iowa Corporation for that portion of
property now leased to Riverside
Tracto~Trailer which will be sold to
Wm. C. Brown Company, Publishers.
The area represented by the lease
agreement to be sold to the Purchaser
is 3515 square feet of the total lease
area of 21,600 square feet or 16.27% of
the total leased are~ A copy of the
lease agreement with Riverside
T~wto~ Traller, Inc. is attached hereto.
Section 5. That the City of Dubuque
covenants and agrees to have an ap-
propriato abstract of title to said pro-
perry prepared from U.S. Government
Entry to date of certification and that
such abstract of title shall show good
and merchantable title to said property
vested in the City of Duhaque, low~
Section 6. That the City of Dubuque,
Iowa proposes to dispose of its in-
terest, with the reservations identified
herein, for the consideration in pay-
ment by Purchaser of $16,232.85 plus
cost of platting, abstracting, publloa-
tion and recording fees.
Section 7. That the City Clerk be and
is hereby authorized and directed to
cause a notice to be published as
prescribed under 364.7 - Disposal of
Property - Code of Iowa, 1984 or as
amended.
Passed, adopted and approved tiffs
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klueaner moved
ndoption of the Resolution and set
Public Hearing for April 15, 1985 at
7:30 p.m. at the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescrib-
ed by law. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Kluesner, Manning.
Nays--None.
Abetain--Council Member Kronfeidt.
Commun/catlon of City Manager ad-
vising Susan Baieamo has exercised her
option for property located at vacated
access to Eagle P~mt Bridge, presented
and read. Council Member Beurskens
moved that the communication be
received and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 19-85
An ORDINANCE Vacating a Portion
of Rhomberg Avenue from the Nortbe~'
ly Property Line of Lot 2 of Lot I of
Boatyard Addition to the Northerly
Terminus of Said Street, presented and
read.
Council Member Beurskens moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Kron-
foldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens Deich Hammel,
Kluesne~, Kronfeldt, Maninng.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfoldt, Manning.
Nays--None.
ORDINANCE NO. 19~5
AN ORDINANCE VACATING A
PORTION OF RHOMBERG AVE-
NUE FROM THE NORTHERLY
PROPERTY LINE OF LOT 2 OF
Regular Session, April 1, 1985
235
LOT 1 OF BOATYARD ADDITION
TO THE NORTHERLY TER-
MINUS OF SAID STREET
WHEREAS, Susan M. Balsamo has
requested the vacating of a portion of
Rhomberg Avenue f~om the northerly
property line of Lot 2 of Lot I of Boa-
tyard Addition to the northerly ter-
minus of said street in the City of
Dubuque, Iowa; and
WHEREAS, a plat has been pre-
pared showing the vacated portion of
Rhomberg Avenue and assigned a lot
number thereto, which shall hereafter
be known and described as Tollbridge
Place in the City of Dubuque, Iowa;
and
WHEREAS, the City Council of the
City of Dubuque, Iowa has dete~qnined
that this portion of Rhomberg Avenue
is no longer req~f~red for public use,
and the vacting of said portion of
Rhomberg Avenue in the City of
Dubuque should be approved.
NOW, THEREFORE, BE IT
ORDAINED, by the City Council of
the City of Dububuqe, Iowa:
Section 1. That said real estate
described as Tollbridge Place in the
City of Dubuque, Iowa be and the
same is hereby vacated,
Section 2. That the conveyance of
Tnilbridge Place to Susan M. Balsamo
be and the same is hereby approved
in accordance with the option agree-
ment adopted by the City Council
through Resolution No. 298-84 dated
September 5, 1984.
Section 3. That the City Clerk be
and is hereby directed and authorized
to deliver a Deed of Conveyance con-
veying to the above named grantee
upon receipt of purchase price in full.
PASSED, APPROVED, AND
ADOPTED this let day of April,
1985.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 5th day of
April, 1985.
Mary A. Davis
City Clerk
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Kron-
faldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Manning.
Nays--None.
RESOLUTION NO. 9385
Resolution Approving a Plat of a
Vacated Portion of Rhomberg Avenue
from the Northerly property line of
Lot 2 of Lot 1 of Boatyard Add-
ition to the Northerly Terminus of
said Street
WHEREAS, there has been
)resented to the City Council of the Ci-
ty of Dubuque, Iowa, a plat dated
March 21, 1985 prepared by Wallace,
Holland, Kastler, Schmitz and Com-
pany covering a vacated portion of
Rhomberg Avenue from the northerly
property line of Lot 2 of Lot I of
Boatyard Addition to the northerly ter-
minus of said street; and
WHEREAS, said plat conforms to
the laws and statutes pertaining
thereto.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the Ci-
ty of Dubuque, Iowa:
Section 1. That the plat dated March
21, 1985, prepared by Wallace, Holland,
Kastier, Schmitz and Company, cove~
lng the real estate hereinabove describ-
ed, be and the same is hereby approved
and that the Mayor and City Clerk be
and they are hereby authorized and
directed to execute said plat for and on
behalf of the City of Dubuque,
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowc~
Passed, adopted and approved this
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
CounCil Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Rluesner, Kronfeldt, Manning.
Nays--None.
236
Regular Session, April 1, 1985
RESOLUTION NO. 94-85
Resolution Approving the Exercising
of an Option by Susan M. Balsamo to
Vacated Portion of Roadway of
PJaomberg Avenue Previously Used as
Access to Eagle Point Bridge in
Accordance with Option Agreement
between Susan M. Balsamo and the
City of Dubuque, Iowa
WHEREAS, Susan M. Balsamo and
the City of Dubuque entered into an
option agreement which was accepted
by the City Council on September 5,
i984 and recorded in the office of
Dubuque County Recorder on
September 11, 1984 as Instrument No.
6830-84; and
WHEREAS. Susan M. Balsamo has
notified the City of Dubuque of her
desire to exercise her option to the
vacated portion of Rhomberg Avenue
from the present end of pavement ad-
joining lot 1 of lot 1 of lot 2 of Mineral
Lot 305A to the northern terminus of
the right-of-way of the former toll
bridge; and
WHEREAS, a plat has been
prepared showing the vacated portion
of Rhomberg Avenue, a lot number
has been assigned thereto which
shows hereinafter being known and
described as Tollbridge Place in the Ci-
ty of Dubuque, Iowa.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the disposal of in-
terest of the City of Dubuque, Iowa in
Tollbridge Place in the City of Dubu-
que, Iowa according to recorded plats
thereof, subject to easements of record,
to Susan M. Balsamo is hereby approv-
ed in accordance with the terms of the
option agreement previously executed
by the parties.
Section 2. That the Mayor be and he
is hereby authorized and directed to
execute a Quit Claim Deed, and that
the City Clerk be and she is directed
and authorized to deliver deed of con-
veyance, conveying the same describ-
ed real estate to the above named
grantee upon receipt of the purchase
price in full.
Passed, adopted and approved this
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None:
Proof of publication certified to by
the Publisher of Official Notice of Sale
of $4.700,000 City of Dubuque General
Obligation Bonds, presented and read.
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 Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays~None.
April 1, 1985
The Honorable Mayor
and City Councii
City Hall
13th and Central
Dubuque, Iowa 52001
Dear Council Members:
Bids were r~ceived today covering
$4,700,000 City of Dubuque, Iowa,
General Obligation Bonds. There were 4
bids received which are listed at the
bottom of this letter in accordance with
the attached signed bids.
Upon examination, it is our opinion
that the bid of Harris Trust and Say-
ings Bank and Associates is the best
bid received and it is further our opi-
dion that it is favorable to the City and
should be accepted. We therefore
recommend that the bonds be awarded
to that bidder at a price of
$4,653,232.50 plus accrued interest, be-
Lag at a net interest rate of 8.9396%.
Net Interest
Rate
Regular Session, April 1,1985
Respectfully submitted,
SPEER FINANCIAL, INC.
Richard A. Pavia
President
Council Member Klusener moved
that the communicatinn be received
and filed, made a matter of record and
recommendation approved. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 95-85
Resolution to Approve the Action of
the City Clerk in the Sale of $4,700,000
General Obligation Bonds
WHEREAS, pursuant to notice as
required by law, bids have been recelv-
ed at public sale for the bonds described
as follows and the best bid received was
determined by the City Clerk and said
bonds were awarded as follows:
$4,700,000 GENERAL OBLIGATION
BONDS
Bidder: Harris Trust and Savings Bank
and Associates of Chicago, Illinois the
terms of suid bid being:
Total Interest $4,166,037.50
Plus Discount 46,767.50
Net Interest Cost $4,212,805.00
Net Interest Rate 8.9396%
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the bid for the bonds
as above set out was determined by the
City Clerk to be the best and most
favorable bid received and~ said avtion
by said City Clerk is hereby ratified and
confirmed~
Section 2. That the statement of info~
237
marion for bond bidders and the form of
contract for the sale of said bonds are
hereby approved and the May~r and
Clerk are authorized to execute the
same on behalf of the City.
Sec$ion 3. That the notice of the sale
of the bonds hereWfore given and all
acts of the Clerk done in furtherance of
the sale of said bonds are hereby ratified
and approved.
Passed, adopted and approved this
1st day of April, 1985.
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 Mem-
bers Beurskens, Dalch, Hammel,
Khiesner, Kcenfeldt, Manning.
Nays--None.
Conununication of City Manager
questing authorization to subn~t a
plarming assistance application to the
Urban Ma~a Transportation Ad-
ministration on behalf of ECIA,
presented and read. Council Member
Deich moved that the communication
be received and flied. Seconded by
Council Member Klueeaer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueeaer, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 96~5
Authorizing the Filing of an Applica-
tion with the U.S. Department of
Transportation
WHEREAS, the Secretary of
Transportation is authorized to make
grants for mass transportation pr~-
jecte; and
WHEREAS, the contract for finan-
cial assistance will impose certain
obligations upon the applicant, in-
chiding the provisions by it of the local
share of project costs; and
WHEREAS, it is reqnired by the
238
Regular Session, April 1, 1985
U.S. Department of Transportation in
accord with the provisions of Title IV
of the Civil Rights Act of 1964, that in
connection with the filing of an ap-
plication for assistance under the Ur-
ban Mass Transportation Act of 1964,
amended, the applicant give an
assurance that it will comply with Ti-
tle IV of the Civil Rights Act and the
U.S. Department of Transportation re-
qnirements thereunder; and
WHEREAS, it is the goal of the Ap-
pllcant that minority business enter-
prise be utilized to the fullest extent
possible in connection with this pro-
ject, and that definite pr~cedurce shall
be established and administered to en-
sure that minority businesses shall
have the maximum feasible opportoni-
ty to compete for contracts when pro-
curing construction contracts, sup-
plies, equipment contracts, or consul-
tant and other services,
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the East Cental In-
tergovernmental Association is
authorized and directed to execute ap-
plication on behalf of the City of Dubu-
que with the U.S. Department of
Transportation, to aid in the financing
of planning assistance projects pu~
suant to Section 9A of the Surfuce
Transportation Assistance Act, of
1982.
Section 2. That the Mayor is
authorized and directed to execute
with such application in assurance,
supplemental agreement, or any other
document required by the U.S. Depart-
ment of Transportation effectuating
the purposes of Title IV of the Civil
Rights Act of 1964.
Section 3. That the East Central In-
tergovernmental Association is
authorized to furnish such additional
information as the U.S. Department of
Transportation may require in conner-
tion with the application for the pro-
jeer.
Section 4. That the Mayor is
authorized and directed to set forth
and execute affirmative minority
business policies in connection with
the project's procurement needs.
Section 5. That the Mayor is
authorized and directed to execute
grant agreements on behalf of the City
of Dubuque with the U.S. Department
of Transportation for aid in the financ-
ing of the planning assistance projects.
Section 6. That the East Central In-
tergovernmental Association is
authorized and directed to publish a
notice of opportunity for public hear
lng, to be held on the application at
least 15 days after publicatio~
Passed, adopted and approved this
1st day of April, 1985.
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deinh moved adop-
tion of the Resolution. Seconded by
Council Member Khiesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager re-
nesting release of funds for a certain
Community Development Block Grant
project, presented and read. Council
Member Kluesner moved that the com-
munication be received and filed.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 97-85
A Resolution Authorizing Submission
of a Request for a Release of Funds
for the Downtown Property Acqutsl-
tion, Demolition and parking Lot Pro-
ject (335 Iowa St.)
WHEREAS, the City of Dubuque,
Iowa ~n conformance with the En-
vironmental Review Procedures for the
Community Development Block Grant
Program convened an Ad Hoc Commit-
tee on July 30, 1982 and November 29,
1984 which completed an environmen-
tal assessment of the following iden-
tified project:
Downtown Property Acquisition,
Regular Session, .april 1,1~85
~39
Demolition and Parking Lot Project.
WHEREAS, pursuant to Resolution
No. 203-82, adopted August 2, 1982,
public notice of a "Finding of No
Significant Effect on the Environ-
merit" for the above project was
published August 4, 1982~ and sup-
plemented on December 2, 1984 in th,
Dubuque Telegraph Herald, a
newspaper of general circulation and
provided for a public comment period
until 12:00 Noon on Friday, August
20, 1982, and December 20, 1984; and
WHEREAS, public notice of a "Fin.
ding of No Significant Effect on the
Enviroment" for the project was sent
by regular mail to various federal,
state and local public agencies and to
local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
such a public notice; and
WHEREAS, any and all objections,
if any, to such proposal bas been duly
considered; and
WHEREAS, it is the intent of th~
City Council to authorize the submis-
sion of a request to the U.S. Depart-
ment of Housing and Urban Develop-
ment for the release of funds to carry
out the above-identified project.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1, That the Environmental
Review Board for the project shall con.
t~nue to remain on file in the Office of
the City Clerk where said record may
be examined and copied by any in-
terested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
rn~n~ a request for release of funds in
the amount of $50,000.00 to undertake
the said project.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
National Environmental Protection
Act, insofar as the provisions of the
said Act apply to the U.S. Department
of Housing and Urban Development
responsibilities for review, decision-
making, and action assumed and ca~
tied out by the City of Dubuque as to
environmental issues.
~tion 4. That the Mayor of th~ City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque to accept the jurisdiction of
the Federal Courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision.rn~king and actio~
Section 5. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the eh-
vironmental 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 in the form of
Public Notice attached hereto and
made a part thereof
Passed, adopted and approved this
1st day of April, 1985.
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 Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager re-
questing grant from Land and Water
Conservation Funds for constcuction of
an all purpose building in the Softball
Complex at Cbaplain Schinitt Memorial
Park, presented and read. Council
Member Kluesner moved tbat the com-
munication be received and filed.
Seconded by Council Member Manning.
Carried by the fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 98-85
A Resolution Authorizing Submission
Regular Session, April 1, 1985
of a Request for Funds for Develop-
ment of Outdoor Recreation {Chaplain
Schmltt Memorial Park) Under the
Land and Water Conservation
Fund Program
WHEREAS, the City of Dubuque is
interested in developing outdoor
recreational facilities for the following
described project for the enjoyment of
the citizenry of the City of Dubuque
and the State of Iowa:
Project Title: Cbaplain Schraitt
Memorial Park and Recreation Com-
plex (Phase III)
Total Estimated Cost: $225,000
Brief Discription of Project: The Ci-
ty of Dubuque proposes to develop the
42.67 acre tract of land in the southern
portion of City Island Recreational
Complex including 3 softball fields and
a baseball diamond, with associated
bleachers, restrooms, concession
building, press boxes, fencing,
lighting, backstops and other essential
elements. Work will be accomplished
by contract through 1987. Phase III
to be completed in 1985; and
WHEREAS, Land and Water Con-
ecrvation Fund financial assistance is
required for the development of said
outdoor recreational facilities;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the project described
above be authorizecL
Section 2. That City of Dubuque
make application to the State Conset~
cation Commission to seek Land and
Water Conservation Fund financial
assistance in the amount of 50% of the
actual cost of the Phase III project on
behalf of said City of Dubuque.
Section 3. That City of Dubuque
does certify to the following:
ta That it will accept the terms and
conditions set forth in the Grants-In-
Aid Manual and which will be a part of
the Project Agreement for any grant
awarded under the attached proposal
b. That it is in complete accord with
the proposal and that it will carry out
the development in the manner
described in the proposal and any
plans and specifications attached
thereto unless prior approval for any
change has been received from the
State Conservation Commissiom
c. That it has the ability and inten-
tion to finance its share of the cost of
the project and that the project will be
operated and maintained at the ex-
pense of City of Dubuque for public
outdoor recreation use.
d~ That no financial assistance has
been given or promised under any
other federal program or activity with
regard to the proposed project.
e. That it will not discriminate
agalnst any pereon on the basis of race,
sex, age, color or national origin in the
use of any property o f facility acquired
or developed pursuant to this proposa~
and shall comply with the terms and
intent of Title VI of the Civil Rights
Act of 19~ P.L. 88~52 {1964) and of
the regulations promulgated pursuant
to such Act by the Secretary of the In.
terior and contained in 43 CFR 17, as
amended.
f That it will maintain adequate
~inancial records on the proposed pro-
ject to substantiate claims for cost-
sharing.
Passed, adopted and approved this
1st day of April, 1985.
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 Mem-
bers Beurskens, Delch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Petition of Dubuque Greyhound Park
requesting permission to hold a
Fireworks Display at the park on July 3
or 4, 1985, presented and read. Council
Member Bcurskens moved that the
petition be approved and referred to the
Staff for implementation. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Eluesner, Manning.
Nays--None.
Regular Session, April 1, 1985
241
Abstain--Council Member
Kronfeldt
Communication of City Manager
submitting information with regard to
Section 27-49 of the Code of Or-
dinances, presented and read. Council
Member Kronfeldt moved that the
communication be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Delch, Hammel
Kluesner, Kroufeldt, Manning.
Nays--None.
An ORDINANCE Amending Section
27-49 by adding thereto a new sub-
paragraph (e) providing for the
authorization for the use and consump-
//on of beer in Washington Park upon
recommendation of the Park and
Recreation Commission and approval
of the City Council, presented and read.
CounCd Member Beurskens moved that
this reading be the second reading of
the Ordinance. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Council Members Beurskens
Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Member Deich, Manning.
BUSINESS LICENSES: Dubuque
Jaycees advising of their intent to use
Town Clock Plaza for their downtown
social events on Fridays and are
questing approval of their Class "B"
Beer Permit at the location, presented
and read. Steve Launspach, spoke on
behalf of the Jaycees to the above mat-
ter. Council Member Beurskens moved
that this advisement be received and fil-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner, Kron-
feldt, Manning.
Nays--Council Member Hammel.
EESOLUTION NO. 9985
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following having complied with
the provisions of law relating to the sale
of Cigarettes within the City of Dubu-
que Iowa, be granted a permit to sell
Cigarettes end Cigarette Paper within
said City.
Passed, adopted and approved this
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Kluesner,
Kronfeldt, Manning.
Nays--Council Member Hammel.
RESOLUTION NO. 100-85
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS. The premises to be oc-
cupied by such apphcants were in-
spected and found to comply witb the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named
pllcants a Beer Permit.
Passed, adopted and approved this
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
adoption of the Resolution, with the
242
Regular Session, April 1, 1985
Dubuque Jaycees application subject
to the*verificaU~on by the City Clerk.
Seconded by Council Member Kran.
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner
Kronfeldt, Manning.
Nays--Council Member Hammel.
RESOLUTION NO. 101-85
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rele-
vant thereto and they have filed proper
bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
C/ty of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
John W. N~onan (Also Stmday Sales)
Nconan's Tavern 1618 Central Ave.
Passed, adopted and approved this
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kroufeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt, Mann~g.
Nays--Council Member Hammel.
Communication of City Manager
recommending adoption of Supplement
No. 23 to the Code of Ordinances,
presented and read. Council Member
Beurskens moved that the communica-
t/on be received and filed. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
IGuesner, Kronfoldt, Manning.
Nays--None.
RESOLUTION NO. 1024/5
Adopting Supplement No. 23 to the
Code of Ordimmces of the
City of Dubuque, Iowa
WHEREAS, under date of
November 16, 1981 the City Council,
pursuant to Ordinance 63-81, readopted
the Code of Ordinances of the City of
Dubuque for ordinances adopted up to
and including March 10, 1981; and
WHEREAS, since March 10, 1981
the City Council of the City of Dubu-
que, Iowa, has adopted certain or-
dinances amending the Code of Or-
diannces and said amendments have
been printed as supplements to the
Code of Ordinances; and
WHEREAS, Section 380.6 of the
Code of Iowa provides that sup-
plements, by resolution, become part
of the Code of Ordinances.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement No. 23 to
the Code of Ordinances of the City of
Dubuque, lowo, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa, from September 16
1984 through December 17, 198~ printed
by the Municipal Code Corporatlo~
Tallahassee, Florida, hereto filed in the
Office of the C~'ty Clerk of the O'ty of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Iowa
Passed, adopted and approved this
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Regular Session, April 1, 1985
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kranfeidt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dnich, Hammal,
Bluesner, Kronfaldt, Manning.
Nays--None.
MINUTES SUBMITTED: Ad Hoc
Dcck Committee of 3/11; Electrical Ex-
staining Board of 3/19; Cable TV
Regulatory Commission of 3/13;
Human Rights Commission of 3/11 and
3/25; Park & Recreation Commission of
3/12; Public Library of 3/19; Zoning
Board of Adjustment of 3/7; Transit
Board Earnings Statement for month
of February, 1985: Transit Board of
3/14; Five Flags of 3/18, presented and
road. Counc'd Member Beurskens mov-
ed that the minutes be received and fil-
ed. Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klusener, Kronfeldt, Manning.
Nays--None.
Communication of David J.
Willoughby submitting his resignation
from the Park and Recreation Commie-
sion effective immediately, presented
and read. Counc'd Member Beurskens
moved that the communication be
received and filed and accepted with
regret. Seconded by Council Member
Kronfeldt. Carried by the fo]lowing
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Dnich, Hammal
Kluesner, Kronfeldt, Manning.
Nays--None.
Jan Zenner, atAarge representative to
the Historic Preservation Commission
submitting her resignation immediat~
ly, presented and read. Council Member
Beurskens moved that the resignation
be received and filed and accepted with
regret. Seconded by Counc'd Member
Kronfeldt. Carried by the folinwing
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
NOTICES OF CLAIMS AND SUITS:
Patrick Apel in amount of $154.40 for
car damages; Joseph R. Erseben in
amount of $150 for hacked-up sewer
damages; Scott F. Hemeeath in amount
of $56.20 for ear damages; Michael J.
Nimmlck in estimated amount of
$375.00 for car damages; Judith A.
Seymour in estimated amount of
$525.23 for car damages; Ronald Ward
in unknown amount for personal in-
juries; American Trust and Savings
Bank vs. City of Dubuque et al submit-
t'mg Motion for Summary Judgment,
~esented and read. Council Member
Beurskens moved that these claims and
suits ha referred to the Legal Staff for
investigation and report. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bere Beurskens, Deich, Hamrael,
Klusener, Kronfeidt, Manning.
Nays--None.
Communication of Corporation
Counsel recommending denial of pe~
senaI injury claim of Laura Noel; advis-
lng Kelley vs Frands Spseht has been
resolved without any cost to the City;
submitting copy of the Judgment and
Decree in the matter of Fischer Invest-
ment Co. vs the City of Dubuque,
presented and read. Council Member
Beurskens moved that the communica-
tion be received and filed and disposals
approved. Seconded by Council
Member Kronfeidt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Blueaner, Kronfaldt, Manning.
Nays--None.
Petition of Mississippi Walleye Club
(containing 391 signatures) objecting to
the parking of barges adjacent to City
Island, presented and read. Council
Member Kronfeidt moved that the peti-
tion be received and filed. Seconded by
Council Member Bemfskens. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurnkens, Deich, Hammel,
Kluesner, Kron:[eidt, Manning.
Nays--None.
REFUNDS REQUESTED: Town
Clock Inn, Inc., $633.75 on unexpired
l~quor License presented and read.
Council Member Beurskens moved that
244
Regular Session, April 1, 1985
the refund be approved and Finance
Director directed to issue the proper
check. Seconded by Council Member
Kronfaldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel
Blusener, Kronfeldt, Manning.
Nays--None.
Communication of Delos Dorweiler
expressing concerns on various items
presented and read. Council Member
Beurskens moved that the communica-
tion be received and filed. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Planning and Zon-
ing Commission approving final plat of
Subdivision of "Kerper Industrial Sub.
division No. 1", presented and read.
Council Member Bsurskens moved that
the communication be received and fil-
ed. Seconded by Council Member Kron-
faldt. Carried by the fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeidt, Manning.
Nays--None.
RESOLUTION NO. 103-85
A Resolution Approving the Final
Plat of the Subdivision of "Kerper
Industrial Subdivision Number One"
in the City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a final plat of the
Subdivision of "Kexper Industrial Sub-
division Number One" in the City of
Dubuque, Iowa; and
WHEREAS, said final plat has been
examined by the City Planning and
Zoning Commission and had its ap-
proval endorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council, and the
City Counc'd finds that the same con-
forms to statutes and ordinance~
relating thereto.
NOW, THEREFORE, BE IT RE
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the final plat of the
Subdivision of "Kerper Industrial Sub-
division Number One" in the City of
Dubuque, Iowa be and the same is
hereby approved, and the Mayor and Ci-
ty Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said final
plat
Passed, adopted and approved this
1st day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
gluesner, Kronfeldt, Manaing.
Nays--None.
There being no further business,
Counc'd Member Manning moved to ad-
journ. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Coancil Mem-
bers Beurckens, Deich, Hammel,
Kluesner, Kronfeidt, Manning.
Nays--None.
M~ting adjourned at 8:12 p.m.
Mary A. Davis
City Clerk
Approved 2985
Adopted _1985
Mayor
Regular Session, April 1, 1985
Council Members
ATTEST:
City Clerk
245
Special Session, April 15, 1985
246
CITY COUNCIL
OFFICIAL
Special Session, April 15, 1985.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
I~uesner, Kronfeldt, Manning, City
Manager W. Kenneth Gearhart, City
Solicitor William G. Blum.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose TO CONDUCT A
PUBLIC HEARING ON THE
DISPOSING OF CITY'S INTEREST
IN PROPERTY LOCATED IN
RIVER FRONT SUBDIVISION NO.
5 and acting upon such other business
which may properly come before the
Council.
The Invocation was given by Rev.
Dr. Richard H. Drummond, Professor
at the University of Dubuque
Theological Seminary.
PROCLAMATIONS; Week of April
21 thru 27 as "National Volunteer
Week" received by Kathy Davis;
Week of April 29 thru May 4 as
"Private Property Week" received by
Joyce Fowler;
Week of April 14 thru 20 as "Na-
tional Education for Business Week"
received by Joann Klein;
Week of April 22 thru 27 as "Week
of the Young Child"
Mayor Brady swore in the Youth in
Government officials.
Jerry Guy of the Durrant Group.
Inc. presented a status and progress
report on the Dog Track Facility.
Council Member Khiesner moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
l~uesner, Kronfeldt, Manning.
Nays--None.
Proof of publication certified to by
the Publisher, on Notice of Public Hear-
ing to consider disposition of City's in-
terest in property located in Riverfront
Subdivision No. 5 to William C. Brown
Publishers, presented and read. There
were no written objections received and
no oral objectors present at the time of
the Hearing. Council Member Kluesner
moved that the proof of publication be
received and filed. Seconded by Council
Member Beurksens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
her, Manning.
Nays--None.
Abstain--Council Member Kronfeldt.
Communication of Riverside Tractor-
Trailer Company consenting to William
C. Brown Company, Publishers, put-
chase of portion on the area south of
Kilgore Street leased by them,
presented and read. Counc'd Member
Kluesner moved that the communiea-
tion be received and filed. Seconded by
Council Member Beurskens. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens. Deich, Hammel,
Kluesner, Manning.
Nays--None.
Abstain--Council Member Kronfeldt.
RESOLUTION NO. 1044~5
WHEREAS, pursuant to Resolution
and published notice of tline and place
of hearing, published in the Telegraph-
Herald. a newspaper of general circlua-
tion, published in the City of Dubuque,
Iowa on April 5, 1985, the City Coundl
of the City of Dubuque, Iowa met on
the April 15, 1985, at 7:30 p.m. in the
Public Library Auditorium, 11th and
Locust Streets, Dubuque, Dubuque
County, Iowa to consider the proposal
for the sale of real estate described as:
Lot 2 of Subdivision of Lot I of Lot 1
of Lot 1 of Lot 1, Block 1,
"Riverfront Subdivision #5",
in the City of Dubuque
to WM. C. BROWN COMPANY,
Publishers; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral and written, to
the proposal to dispose of interest of
the City of Dubuque, Iowa in the
hereinabove described real estate to
Special Session, A
WM. C. BROWN COMPANY,
Publishers.
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the disposal of in-
terest of the City of Dubuque, Dubu-
que County, Iowa in the property
described as Lot 2 of Subdivision of
Lot l of Lot l of Lot1 of Lot1, Block 1,
"Riverfront Subdivision #5", in the Ci-
ty of Dubuque, lows w WM. C.
BROWN COMPANY, Publishers be
and the same is hereby approved for
the sum of $16,232.85 plus costs of plat-
ting, abstracting, publication and
recording fees; that the conveyance
shall be by Quit Claim Deed, and that
the conveyance shall be subject to the
conditions outlined in Resalution No.
92~5 attached and considered a part
Section 2. That the City of Dubuque
eluding, the right of ingress and egress
for the purpose of repairing and main-
utilities.
Section 3. That the City Clerk be and
she is hereby directed and authorized
to deliver deed of conveyance convey-
the above-named party upon receipt of
the purchase price in full
Section 4. That the City Clerk be and
she is hereby authorized and directed
to record a certified copy of this
Resolution in the offices of the City
Assessor, Dubuque County Recorder
and Dubuque County Treasurer.
Passed, adopted and approved tins
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Kluesner, Manning.
ri115, 1985 247
Abstain--Council Member Kronfeldt.
Proof of publication cergified to by
the Publisher, on Notice of Public
Hearing to consider disposition of Ci-
ty's interest in property located in
River front Subdivision No. 5 to Klauer
Vlanufacturing Co., presented and
read. There were no written objection
received and no oral objectors present
at the time of the Hearing. Council
Member Klnesner moved that the pro-
of of publication be received and filed,
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Maanin4~.
Nays--None.
RESOLUTION NO. 105-85
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general clrcula-
fion, published in the City of Dubuque,
Iowa on April 5, 1985, the City Council
of the City of Dubuque, Iowa met on
the April 15, 1985 at 7:30 p.m. in the
Public Library Auditorium, llth and
Locust Streets, Dubuque, Dubuque
County, Iowa to consider the proposal
of the sale of real estate described as:
Lot 2 of the Subdivision of Lot 1
of Lot 1 of Lot 1, Block 1
"Riverfront Subdivision #5,
in the City of Dubuque
to KLAUER MANUFACTURING
COMPANY; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written to the
proposal to dispose of interest of the Ci-
ty of Dubuque, Iowa in the hereinabeve
described real estate to KLAUER
MANUFACTURING COMPANY.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of in-
terest of the City of Dubuque, Dubuque
County, Iowa in the property described
as Lot 2 of Subdivision of LOt 1 of Lot I
of Lot 1, Block 1, "Riverfront Subdivi-
sion #5", in the City of Dubuqu~ Iowa
to KLAUER MANUFACTURING
248
Special Session, April 15,1985
COMPANY be and the same is hereby
approved for the sum of $8~901.59 plus
costs of platting, abstracting, publica-
tion and recording foes; that the eon.
veya~we shall be by Quit Claim Deed,
and that the conveyance shall be sub-
ject to the conditions outlined in
Resolution No. 91-85 attached and con-
sidered a part hereto.
Section 2. That the City of Dubuque
reserves unto itsalf dil existing record.
ed easements together with and in.
eluding, the right of ingress and egress
for the purpose of repairing and main-
taining exisffng sewer and public
utilities.
Section 3. That the City Clerk be and
is hereby directed and authorized to
&liver deed of conveyance conveying
the above described real estate to the
above-named party upon receipt of the
purchase price in full
Section 4. That the City Clerk be and
she is hereby authorized and directed
to record a certified copy of this
Resolution in the offices of the City
Assessor, Dubuque County Recorder,
and Dubuque County Treasurer.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub-
mitting bidding procedure tor Cedar
Cross Road Bridge Replacement,
presented and read. Council Member
Ilammel moved that the communica-
tion be received and filed. Seconded by
Council Member Dcich. Carried by the
foliowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfoldt, Manning.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 166-85
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
cost for the Cedar Cross Road Bridge
Replacement in the estimated amount
of $1,045,000.00 are hereby approved
and ordered filed in the office of the Ci-
ty Clerk for public inspection.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Dalch. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Eluesner, Kron~eldt, Manning.
Nays--None.
FIXING DATE OF HEAEING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 107-85
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of can-
tract and placed same on file in the of-
fice of the City Clerk for public inspec-
tion of the Cedar Cross Road Bridge
Replacement.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of May,
1985, 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 hear-
ing to be published in a newspaper hav-
ing general circulation in the City of
Dubuque, Iowa, winch notice shall not
be less than four days nor more than
twenty days prior to the day fixed for
its consideration. At the hearing, any
interested person may appear and file
Special Session, April 15, 1985
249
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammei moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Eluesner, Kronfeldt, Manning.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 108-85
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Cedar Cross Road Bridge
Replacement is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED,
that the amount of the security to ac-
company 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 construc-
fiou of the improvements herein provid-
ed, to be published in a newspaper hay-
h~g general circulation in the City of
Dubuque, Iowa, which notice shah 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 9th day of May,
1985. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. on the 20th day of May,
1985.
Passed, adopted and approved this
15th day of April, 1985,
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Counc'd Member Haramel moved
adoption of the Resolution. Seconded
by Council Member Dsich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeidt, Manning.
Nays--None.
Communication of City Manager sub-
mitring bidding procedure for construc-
t/on of the Recreation Complex on City
Island, presented and read. Counc'd
Member Kronfeidt moved that the com-
munication be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeidt, Manning.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 109-85
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
cost for the Schmitt Island- Recreation
Complex Road, in the estimated
amount of $359,899.69, are hereby ap-
proved and ordered filed in the office of
the City Clerk for public inspection.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Elueaner, Kronfeidt, Manning.
Nays--None.
FIXING DATE OF HEARING ON
Special Session, April 15, 1985
PLANS AND SPECIFICATIONS
RESOLUTION NO. 110-85
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 tho of-
rico of the City Clerk for public inspec-
tion of the Schmitt Isla~!d - Recreation
Complex Road.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of May,
1985, a public hearing will be held at
7:30 p.m. in the Public Library
Auditorium at which time interested
parsons may appear and be heard for
ar against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk bo 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 Dubuque, Iowa, which notice shall
not be less than four days nor more
than twenty days prior to the day fix-
ed for its consideration. At the hear-
ing, any interested person may appear
and file objections to the proposed
plans, specifications, contract, or
e~timated cost of the improvement,
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeidt moved
adoption of the Resolution. Seconded
by Council Member Beurskene. Car-
ried by the fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDERING BIDS
RESOLUTION NO, 111-85
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Schmitt Island - Recreation
Complex Road is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED,
that the amount of the security to ac-
company 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 construc-
tion of the improvements herein provid-
ed, to be published in a newspaper hay-
ing general circulation in the City of
Dubuque, 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 8th day of May,
1985. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. on the 20th day of May,
1985.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeidt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeidt, Manning.
Nays--None.
Communication of City Manager sub-
mitting bidding procedure for construc-
tion of the Sanitary Sewer for the
Recreation Complex on City Island,
presented and read. Council Member
Hammei moved that the communica-
tion be received and filed. Seconded by
Council Member Beurskens. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Eluesner, Kronfeldt, Manning.
Nays--None.
PRELIMINARy APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 1124~5
Special Session, April 15,1985
251
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
cost for the Schmite Island - Recrea-
tion Complex Sanitary Sewer, in the
estimated amount of $86,810.36, are
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
gluesuer, Kronfeldt, Manning.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 113-85
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 05
rice of the City Clerk for public inspec-
tion of the Schmitt Island - Recreation
Complex Sanitary Sewer.
NOW, THEREFORE, BE IT
RESOLVED that on the 20th day of
May, 1985, a public hearing will be held
at 7:30 p.m. in the Public Library
Auditorium at winch 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 hear-
lng to be published in a newspaper hav-
ing general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the day fixed for
its consideration. At the hearing, any
interested person may appear and file
objecU~ons to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Carried
by the following vote:.
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, I-Iammel,
Kluesner, Kronfcidt, Manning.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 114~85
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Schmitt Island - Recreation
Complex Sanitary Sewer is hereby
c~dered to be advertised for bids for
BE IT FURTHER RESOLVED,
that the amount of the security to ac-
company 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 specificiations
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construc-
tion of the improvements herein provid-
ed, to be published hi a newspaper hav-
ing general circulation in the City of
Dubuque, 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 9th day of May,
1985. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. on the 20th day of May,
1985.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
252
Special Session, April 15, 1985
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays~None.
Communication of City Manager sub-
mltting bidding procedure for im-
provements to the existing traffic
signals at the intersection of Dodge &
Wacker, and installation of Street lights
on all four 14) corners of the intersec-
tion, presented and read. Council
Member Kluesner moved that the com-
munication be received and filed.
Seconded by Council Member Manning.
Carried by the fonowing vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
l~uesner, Kronfaldt, Manning.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 115-85
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
cost for the Dodge Street at Wacker
Drive Traffic Signal Improvements and
Intersection LighUmg Project, in the
estimated amount of $42,058.20, are
hereby approved and ordered fded in
the office of the City Clerk for public in-
spection.
Passed, adopted and approved this
15th day of April, 1985.
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 Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
FIXING HATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 116-85
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
prefimlnary approval on the proposed
plans, specifications, and form of con-
tract and placed same on £de hi the of-
rice of the City Clerk for public inspec-
tion of the Dodge Street at Wacker
Drive Traffic Signal Improvements
and Intersection Lighting Project.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of May,
1985, a public hearing will be held at
7:30 p.m. in the Public Library
Auditorium at which Unne 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 hear-
lng to be published in a newspaper hav-
ing general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the day fixed for
its consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolutlan. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeint, Manning.
Nays--None.
Special Session, April 15,1985
253
ORDERING BIDS
RESOLUTION NO. 117-85
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the Dodge Street at Wacker
Drive Traffic Signal Improvements
and Intersection Lighting Project is
hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED,
that the amount of the security to ac-
company each bid shall be in an
amount which shafi 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
d~rected to advertise for bids for the
eenstruction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque. 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
8th day of May, 1985. Bids sbeil be
opened and read by the City Clerk at
said time and will be submitted to the
Council for final action at 7:30 p.m. on
the 20th day of May, 1985.
Passed, adopted and approved this
15th day of April, 1985.
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 foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Eluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub~
mitting document for retrofitting of the
Heating, Ventilating and Air Condi-
tioning systems at Five Flags Theatre,
presented and read. Council Member
Beurskens moved that the communiea-
tJon be received and filed. Seconded by
Council Member Dsich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mere~
bers Beurskens, Deich, Hammel,
Klansner, Kronfeldt, Manning.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 118-85
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
cost for the Five Flags Theatre HVAC
Retrofit, in the estimated amount of
$80,000, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurekens moved
adoption of the Resolution. Seconded
by Council Member Dsich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 119-85
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of cun-
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion of the Five Flags Theatre HVAC
Retrofit.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of May,
1985, a public hearing will be held at
7:30 p.m. in the Library 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
254
Special Session, April 15, 1985
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 Dubuque, Iowa, which notice shall
not be less than four days nor more
than twenty days prior to the day fix-
ed for its consideration. At the hear-
ing, any interested person may appear
and file objections to the proposed
plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammei
Eluesner, Kronfeldt, Manning.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 120-85
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Five Flags Theatre HVAC
Retrofit is hereby ordered to be adver-
tised for bids for construction.
BE IT FURTHER RESOLVED
that the amount of the security to ac-
company each bid shall be in an amount
which shall conform to the provisions of
the notice to bidders hereby approved
as a par~ of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construc-
tion of the improvements herein provid-
ed, to be published in a newspaper hav-
ing general c/rculation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the receipt of s~id
bids at 2:00 p.m. on the 9th day of May,
1985. Bids shalI be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. on the 20th day of May,
1985.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Dsich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeidt, Manning.
Nays--None.
Communication of City Manager re-
questing authorization to submit the
Section 5 Capita[ Assistance Applica-
tion and combined Fiscal Year 1986
Section 9 Operating Planning Applica-
tions to UMTA and to set a date of
Public Hearing for same, pre~ented and
read. Council Member Kinesner moved
that the communication be received
and filed. Seconded by Council Member
Delah. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeidt, Manning.
Nays--None.
RESOLUTION NO. 1214~5
Resolution Authorizing the Filing of
Applications with the Deportment of
Transportation, United States of
America, for Grants under the Urban
Mass Transportation Act of 1964,
as Amended.
WHEREAS, the Secretary of
Transportation is authorized to make
grants for a moss transportation pro-
gram of projects;
WHEREAS, the contract for finan-
cial assistance will impose certain
obligations upon the applicant, in-
cluding the provision by it of the local
share of the project costs in the pro-
gram;
WHEREAS, it is required by the
U.S. Department of Transportation in
accord with the provisions of Title VI of
the Civil Rights Act of 1964, that in
Special Session, April 15, 1985
connection with the filing of an ap-
plication for assistance under the Ur-
ban Mass Transportation Act of 1964,
as amended, the applicant give an
assurance that it will comply with Ti-
tie VI of the Civil Rights Act of 1964
and the U.S. Department of Transpor-
ration requirements thereunder; and
WHEREAS, it is the goal of the ap-
pllcant that minority business enter-
prise be utilized to the fullest extent
possible in connection with these pro-
jects, and that definitive procedures
shall be established and administered
to ensure that minority business shall
have the maximum construction con-
tracts, supplies, equipment contracts,
or consultant and other services.
NOW, THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor of the City
of Dubuque is authorized to execute
and file applications on behalf of the
City of Dubuque with the U.S. Depart-
merit of Transportation to aid in the
financing of an operating assistance
project and in the completion of an at-
titade and opinion survey pursuant to
Section 9 of the Urban Mass Transpo~
ration Act of 1964, as amended.
Section 2. That the Mayor of the City
of Dubuque is authorized to execute
and file with such applications an
assurance or any other document re-
quired by the U.S. Department of
Transportation effectuating the pu~
poses of Title VI of the Civil Rights
Act of 1964.
Section 3. That the T~nsit Manager
is authorized to furnish such addi-
tional information as the U.S. Depart-
ment of Transportation may require in
connection with the application for the
program of projects.
Section 4. That the Mayor of the City
of Dubuque is authorized to set forth
and execute affirmative minority
business policies in connection with
the program of projects' procurement
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grant agreements on behalf of the City'
of Dubuque with the U.S. Department
of Transportation for aid in the financ-
ing of the operating assistance pro-
255
gram of projects.
The undersigned duly qualified and
acting Mayor of the City of Dubuque
certifies that the foregoing is a true
and correct copy of a resolution,
adopted at a legally convened meeting
of the City Council of the City of
Dubuque, Iowa, held on April 15, 1985.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Delch. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 122-85
Resolution Authorizing the Filing of
an Applicatlon with the Department
of Transportation, United States of
America, for a Grant Under the Urban
Mass Transportation Act of 1964,
as Amended.
WHEREAS, the Secretary of
Transportation is authorized to make
grants for mass transportation pr~-
jects;
WHEREAS, the contract for finan-
cial assistance will impose certain
obligations upon the applicant, in-
cluding the provision by it of the local
share of project costs;
WHEREAS, it is required by the
U.S. Department of Transportation in
accord with the provisions of Title VI of
the Civil Rights Act of 1964, that in
connection with the filing of an applica-
tion for assistance under the Urban
Mass Transportation Act of 1964, as
amended, the applicant give an
assurance that it will comply with Title
VI of the Civil Rights Act of 1964 and
the U.S. Department of Transportation
requirements thereunder; and
WHEREAS, it is the goals of the ap-
pbeant that minority business enter-
256
Special Session, April 15, 1985
prise be utilized to the fullest extent
possible in connection with this pro-
ject, and that definitive procedures
shall be established and administered
to ensure that minority businesses
shall have the maximum feasible op-
portunity to compete for contracts
when procuring construction con-
tracts, supplies, equipment contracts.
or consultant and other services.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor of the City
of Dubuque is authorized to execute
and file an application on behalf of the
City of Dubuque, Iowa, with the U.S.
Department of Transportation, to aid
in the rehabilitation of two GMC
motor coaches, purchase of capital
equipment and remodeling of office
facilities pursuant to Section 5 of the
Urban Mass Transportation Act of
1964, as amended.
Section 2. That the Mayor is
authorized to execute and file with
such application an assurance or any
other document required by the U.S,
Department of Transportation effec-
rusting the purposes of Title VI of the
Civil Rights Act of 1964.
Section 3. That the Transit Manager
is authorized to furnish such addi-
tional information as the U.S. Depart-
ment of Transportation may require in
connection with the application or the
project.
Section 4. That the Mayor of the City
of Dubuque is authorized to set forth
and execute affirmative minority
business policies in connection with
the project's procurement needs.
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grant agreements on behalf of the City
of Dubuque with the U.S. Department
of Transportation for aid in the financ-
lng of capital assistance projects.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
I~uesner. KronIeldt, Manning.
Nays--None.
Communication of City Manager sub-
n~itting a Lease Agreement for the use
of the former Rotman property at the
corner of West 3rd and Iowa Streets,
between City & S&S Enterprises and
requesting a Public Hearing be set on
the same, presented and read. Council
Member Kronfoldt moved that the com-
municatinn be received and filed and
that a Hearhig be set for May 6, 1985 at
7:30 p.m. in the Public Library
Auditorium and that the City Clerk be
instructed to publish notice in the man-
net prescribed by law. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich, Hammel,
Kluesner, Kronfoldt, Manning.
Nays--None.
Petition of Nightengnie Lane (13
signers) requesting investigation of the
traffic problem on Nightengnie Lane
when the Womens Recreation Assn.
Complex opens this season, presented
and read. Mr. Tim Schmit, 3135
Nightengale, spoke to the petition.
Council Member Kluesner moved that
the petition be received and filed and
matter referred to the City Manager
and Staff for investigation with recom-
mendation made no later than June 1,
1985. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Petition of John Kivlahan requesting
permission to extend the Water Main
across John F. Kennedy Road at the Ci-
ty's north boundary to provide water
for livestock at 3350 John F. Kennedy
Road, presented and read. Council
Member Kluesner moved that the peti-
tion be received and filed and concurred
with the City Manager to deny the re-
quest. Seconded by Council Member
Beurskens. Carried by the following
vote:
Special Session, A
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeidt, Manning.
Nays--None.
Communication of City Manager re-
questing approval to enter into an
Agreement with Helle, Klosterman &
Co. to perform the Annual Audit for the
City's financial transactions for the
fiscal years ending June 30, 1985 and
June 30, 1986 AND Communication of
O'Connor, Brooks & Co. submitting
comments regarding selection of Helle,
Klosterman as agency to do City's
audit, presented and read. Council
Member Beurskens moved that the
communications be received and filed
and approved the City Manager's r~
quest to enter into Agreement W~th
Helle, Klosterman & Co. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Council Members Beurskens,
Kluesner, Kronfeldt, Manning.
Nays--Mayor Brady, Council
Members Deich, Hammel.
Communication of City Solicitor sub-
mitting draft Ordinance pertaining to
Transient Merchants, presented and
read. Council Member Benrskens mov-
ed that the communication be received
and filed. Seconded by Council Member
Ha~nmel. Carried by the foilowir~g vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammal
Kluesner, Kronfeldt, Manning.
Nays--None.
An ORDINANCE Amenc~g Sec-
tions 24-1 and 24-3(1), Code of Or-
dinances, relating to occupational
licenses in Christmas Tree Merchants
by repealing said Sections; and amen-
ding Chapter 28 Code of Ordinances
entitled "Peddlers and Transient Mer-
chants'' by repealing said Chapter and
adopting in lieu thereof a new Chapter
28, "Peddlers and Transient Mer-
chants", presented and read. Council
Member Beurskens moved that the
reading just bed be considered the first
reading of the Ordinance. Seconded by
Council Member Hammei. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeidt, Manning.
Nays--None.
~ril 15, 1985 257
Petition of Dubuque Beneficial Li-
quor and Beverage Assn. objecting to
beer being sold anywhere on City pro-
perry, presented and read. John Fitz-
~trich of the Association spoke to the
)etitien. Council Member Benrskens
moved that the petition be received and
filed. Seconded by Council Member
Kronfeidt. Vote on the motion was as
fonows:
Yeas--Cou~ned Member Beurskena.
Nays--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner, Kran-
feidt, Manning.
MOTION FAILED.
An ORDINANCE Amending Section
27-49 of the Code of Ordinances by ad-
ding thereto a new subparagraph (e)
providing for the authorization of the
use and consumption of beer in
Washingten Park upon recommenda-
fion of the park and Recreation Com-
mission and approval of the City Court-
ell, said Ordinance having been
presented and read at the Couned
Meetings of March 18 and April 1,
presented for final action. Council
Member Beurskens moved final adop-
tion of the Ordinance. Seconded by
Council Member Kronfeldt. Vote on the
motion was as follows:
Yeas--Cenncil Member Beurskens.
Nays--Mayor Brady, Counnil
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning.
MOTION FAILED - ORDINANCE
NOT ENACTED.
Communication of City Manager
questing to approve Contract with Pro-
ject Concern covering Mini-Bus Opera-
tions for the fiscal year beginning July
1, 1985, presented and read. Council
Member Kluesner moved that the oom-
munieation be received and filed and
Contract approved. Seconded by Coun-
41 Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady; Couned Mem-
bets Beurskean, Deich, Hammel,
Kluesner, Kronfeldt, Mamdng.
Nays--None.
Conununication of City Manager sub-
mitring Resolution requesting Mayor
to execute a Grant Closeout Agreement
with Housing and Urban Development
for the FDL Foods, Inc. Urban
Development Action Grant Project,
258
Special Session, April 15, 1985
presented and read. Council Member
I~usener moved that the communica-
tion be received and filed. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei
Kluesner, Kronfaldt, M~.
Nays--None.
RE~OLUTION NO. 123-85
A Resolutlen Authorizing and Direc-
ting the Mayor to Execute a Grant
Chiseout Agreement with the U.S.
Department of Housing and Urban
Development for the EDL Foods, Inc.
Urban Development Action
Grant Project.
WHEREAS, under provisions of Ti-
tle I of the Housing and Development
Act of 1974, as amended, the City of
Dubuque has received an Urban
Development Action Grant identified
as Grant No. B-81-AA-19-0016 from the
Department of Housing and Urban
Development to assist the FDL Foods,
Inc. Reconstruction Project; and
WHEREAS, the City of Dubuque
and the FDL Foods, Inc. have under-
token and completed activities as con-
teined in the project budget; and
WHEREAS, the City of Dubuque
now desires to enter final settlement
and conclusion of the project.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Grant Cioseout
Agreement authorized by the U.S.
Department of Housing and Urban
Development on April 5, 1985, a copy of
whloh is attached hereto and made a
part hereof, is hereby aceepted~
Section 2. That the Mayor of the City
of Dubuque be and he is hot, by
authorized and directed to execute said
Grant Closeout Agreement on behalf of
the City of Dubuque.
Section 3. That the City Manager be
and he is hereby authorized and
directed to submit the executed Grant
Closeout Agreernent to the U.S. Depart-
meat of Housing and Urban Develop-
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
Aq~"EST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Marming. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Daich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 1244~5
Resolution Authorizing and Providing
for the Issuance of $4,700,000 General
Obligation Bonds and Levying a Tax
to Pay said Bonds
WHEREAS, the Issuer is duly incor-
porated, organized and exists under
and by virtue of the laws and Constitu-
tlon of the State of Iowa; and
WHEREAS, the Issuer is in need of
~unds to pay costs of construction,
reconstruction and repair of street ira-
provements, bridges, storm sewers, and
the extension and improvement of the
municipal airport, an essential cor-
porato purpose, and it is deemed
necessary and advisable that general
obligation bends in the amount of
$4,700,000 be issued for sa~d purpose;
and
WHEREAS, pursuant to notice
~ubllshed as required by Section 384.25
of said Code, this Council has held a
mblic meeting and hearing upon the
proposal to institute proceedings for
the issuance of said bonds, and the
Council is therefore now authorized to
~roceed with the issuance of said bonds;
and
WHEREAS, pursuant to the provi-
sions of Chapter 75 of the Code of Iowa,
the above mentioned bonds were
heretofore sold at public sale and action
should now be taken to issue said bonds
conforming to the terms and conditions
of the best bid received at the advertis-
ed public sale:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Special Session, April 15, 1985
259
Section 1. Definitions. The following
terms shall have the following mcan.
ings in this Resolution unless the text
expressly or by necessary implication
requires otherwise:
(n) "Issuer" and "City" shall mean
the City of Duhaque, Iown;
(b} "Treasurer" shall mean thc City
Treasurer or such other officer as shall
succeed to the same duties and respon-
sibilities with respect to the recording
and payment of the Bonds issued
hereunder;
(c) "Bonds" shall mean 4,700,000
General Obligation Bonds, authorized
to be issued by this Resolution,.
(d) "Registrar" shall be the Bankers
Trust Company of Des Moines, Iowa
or such successor as may be approved
by Issuer as provided herein and who
shall carry out the duties prescribed
herein with respect to maintaining a
registrar of the owners of the bonds.
Unless otherwise specified, the
Registrar shall also act as Transfer
Agent for the bonds.
(e) "Paying Agent" shall be the
Bankers Trust Company or such sue-
cessor as may be approved by Issuer
as provided herein and who shall carry
out the duties prescribed herein as
Issuers agent to provide for the pay-
ment of principal of and interest on the
bonds as the same shall become due.
Sect/on 2. Levy and Certification of
Annual Tax; Other Funds to be Used.
(n) Levy of Annual Tax. That for the
purpose of providing funds to pay the
principal and interest of the bonds
hereinafter authorized to be issued,
there is hereby levied for each future
year the following direct annual tax oh
all of the taxable property in Dubuque,
Iowt~ to-wit:
(b) Resolution to he Filed With County
Auditor. A certified copy of this
Resolution should be filed with the
County Auditor of Dubuque County,
lowa, and said Auditor is hereby in*
struated in and for each of the years as
provided, to levy and assess the tax
hereby authorized in Section i of this
Resolution, in like manner as other
taxes are levied and assessed, and
such taxes so levied in and for each of
the years aforesaid be collected in like
manner as other taxes of the City are
collected, and when collected be used
for the purpose of paying principal and
interest on said bonds issued in an-
ticipation of said tax, and for no other
purpose whatsoever.
(c) Additional City Funds Available.
Principal and interest coming due at
anytime when the proceeds of said tax
on hand shall be insufficient to pay the
same shall be promptly paid when due
from current funds of the City
available for that purpose and trim-
bursement shall be made from such
special fund in the amounts thus ad-
Section 3. Bond Fund. Said tax shall
be collected each year at the same time
and in the same manner as, and in ad-
dition to, all other taxes in and for the
City, and when collected they shall be
converted into a special fund within
the Debt Service Fund to be known as
the "GENERAL OBI~IGATION
BOND FUND 1985 No. 1" (the "Bond
Fund"), which is hereby pledged for
and shall be used only for the payment
of the principal of and interest on the
bonds hereinafter authorized to be
issued,, and also there shall be appor-
tioned to said fund its proportion of
taxes reealved by the City from
railway, express, telephone and
telegraph companies and other taxes
assessed by the Iowa State Depart-
ment of Revenue.
Section 4. Investments of Bond
Fund Proceeds. All moneys held in the
Bond Fund, provided for by Section 3
of this Resoluffon shall be invested in
direct obligations of the United States
Government or deposited in banks
which are members of the Federal
Deposit Insurance Corporation and
the deposits in which are insured
thereby and all such deposits ex.
ceeding the maximum amount insured
from time to time by FDIC or its
equivalent successor in any one bank
Special Session, April 15, 1985
shall be continuously secured by a
valid pledge of direct obligations of the
United State Government having an
~quivalent market value. All such in.
terim investments shall mature before
the date on which the moneys are re-
quired for payment of principal of or
interest on the Bonds as herein provid-
Section 5. Bond Details, Execution
and Redemption.
(al Bond Details. General Obligation
Bonds of the City in the amount of
$4,700,00~ shall be issued pursuant to
the provisions of Section 384.25 of the
City Code of Iowa for the aforesaid
purpose. The bonds shall be
designated "GENERAL OBLIGA-
TION BOND", be dated May 1, 1985,
and bear interest from the date thereof,
until payment thereof, at the principal
office of the Paying Agent, said in~
retest payable on November 1, 1985,
and semiannually thereafter on the 1st
day of May and November in each year
until maturity at the rates hereinafter
provide&
The bonds shall be executed by the
fuesimile signature of the Mayor and
attested by the facsimile signature of
the Clerk, and printed or impressed
with the seal of the City and shall be
fully registered as to both principal
and interest as provided in this resolu-
tio,; principa~ interest and premium,
if any, shall be payable at the office of
the Paying Agent by mailing of a
check to the registered owner of the
bond. The bonds shall be each in the
denomination of $5,000 or multiples
thereof. Said bonds shall mature and
bear interest as follows:
Interest Principal Maturity
Rate Amount MBy 1st
Z70% $125,000 1987
Z70% $25,0~ 1988
Z70% $100,033 1989
Z70% $2~000 199~
(b) Redemption. The right is reserved
by the City Council of the City of
Dubuque to call and redeem the bonds
maturing on and after May 1, 199~
prior to maturity from any funds
payment date on or after May 1, 1995,
in whole, or from time to time in parg
in inverse order of maturity and within
a maturity by log upon terms of par
and accrued interest plus a premium of
one-half of one percent (½ of 1%) of the
principal amount of any such bonds
called for such redemption for each year
or fraction thereof between the redemp-
tion date and the stated maturity of
such bonds, but in any event not to ex-
ceed two percent (2%) of the principal
amount of such bonds.
Section 6. Registration of Bonds;
Appointment of Registrar; Transfer;
Ownership; Delivery; and Cancella-
tion.
(a) Registration. The ownership of
bonds may be transferred only by the
making of an entry upon the books
kept for the registration and transferor
ownership of the Bonds, and in no
other way. The Registrar is hereby ap-
pointed as Bond Registrar under the
terms of this Resolution and under the
provisions of a separate agreement
with the Issuer filed herewith which is
made a part hereof by this reference.
Registrar shall maintain the books of
the Issuer for the registration of
ownership of the Bonds for the pay-
ment of ptincipal of and interest on the
Bonds as provided in this Resolution.
All bonds shall be negotiable as provid-
ed in Article 8 of the Uniform Comme~
cial Code and Section 384.31 of the
Code of Iown, subject to the provisions
for registration and transfer contained
in the bonds and in this resolution.
(b) Transfer. The ownership of any
Bond may be transferred only upon the
Registration Books kept for the
registration and transfer of Bonds and
only upon surrender thereof at the
principal office of the Registrar
together with an assignment duly ex-
ecutod by the holder or his duly
authorized attorney in fact in such
form as shall be satisfactory to the
Registrar, along with the address and
social security number or federal
employer identification number of
such transferee (or, if registration is to
be made in the name of multiple in-
dividuals, of all such transferees). In
the event that the address of the
registered owner ora Bond (other than
a registered owner which is the
nominee of the broker or dealer in ques-
lion) is that ora broker or dealer, there
must be disclosed on the Registration
Books the information pertaining to
Special Session, April 15, 1985
261
the registered owner required above.
Upon the transfer of any such Bond, a
new fully registered Bond, of any
denomination or denominations pew
mittod by this Resolution in aggregate
principal amount equal to the un-
matured and unredeemed principal
amount of such transferred fully
registered Bond, and bearing interest
at the same rate and maturing on the
same date or dates shall be delivered
by the Registrar
(c) Registration of Transferred
Bonds. In all cases of the transfer of
the Bonds, the Registrar shall register,
at the earliest practicable time, on the
Registration Books, the Bonds, in ac~
cordance with the provisions of this
Resolution.
(d) Ownership. As to any Bond, the
person in whose name the ownership of
the same shall be registered on the
Registration Books of the Registrar
shall be deemed and regarded as the
absolute owner thereof for all purposes,
and payment of or on account of the
principal of any such Bonds and the
premium, if any, and interest thereon
shall be made only to or upon the o~cler
of the registered owner thereof or his
legal representative. All such
payments shall be valid and effectual
to satisfy and discharge the liability
upon such Bond, including the interest
thereon, to the extent of the sum or
sums so paid.
(e) Cancellation. All Bonds which
have been redeemed shall not be
reissued but shall be cancelled by the
Registrar All Bonds which are cancell-
ed by the Registrar shall be destroyed
and a certificate of the destruction
thereof shall be furnished promptly to
the Issuer; provided that if the Issuer
shall so direct, the Registrar shall fo~
ward the cancelled Bonds fo the
(/~ Non-Presentment of Bonds. In the
event any payment check representing
payment of interest on the Bonds is
returned to the Paying Agent or is not
presented for payment of principal at
the maturity or redemption date, if
funds sufficient to pay such interest on
Bonds shall have been made available
to the Paying Agent for the benefit of
the owner thereof, ail liability of the
Issuer to the owner thereof for such in-
terest or payment of such Bonds shall
forthwith cease, terminate and be com-
pletoly discharged, and thereupon it
shall be the duty of the Paying Agent
to hold such funds, without liability for
interest thereon, for the benefit of the
owner of such Bonds who shall
thereafter be restricted exclusively to
such funds for any claim of whatever
nature on his part under this Resolu-
tion or on, or with respect to, such in-
terest or Bonds. The Paying Agent's
obligation to hold such funds shall con-
tinue for a period equal to two years
and six months following the date on
which such interest or principal
became due, whether at maturity, or at
the date fixed for redemption thereof,
or otherwise, at which time the Paying
Agent, shall surrender any remaining
funds so held to the Issuer, whereupon
any claim under this Resolution by the
Owners of such interest or Bonds of
whatever nature shall be made upon
the Issuer
(g) Registration and Transfer Fees.
The Registrar may furnish to each
owner, at the Issuer's expense, one
bond for each annual maturity. The
Registrar shall furnish additional
bonds in lesser denominations (but not
less than the minimum denomination)
to an owner who so requests.
Section. Reissuance of Mutilated,
Destroyed, Stolen or Lost Bonds. In
c~se any outstanding Bond shall
become mutilated or be destroyed,
stolen or lost, the Issuer shall at the
quest of Registrar authenticate and
deliver a new Bond of like tenor and
amount as the Bond so mutilated,
destroyed, stolen or lost, in exchange
and substitution for such mutilated
Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and
substitution for the Bond destroyed,
stolen or lost, upon filing with the
Registrar evidence satisfactory to the
Registrar and Issuer that such Bond
has been destroyed, stolen or lost and
proof of ownership thereof, and upon
furnishing the Registrar and Issuer
with satisfactory indemnity and com-
plying with such other reasonable
regulations as the Issuer or its agent
may prescribe and paying such ex-
penses as the Issuer may incur in con-
nection therewith.
Section 8. Record Date. Payments of
interest made in respect of any Bond,
shall be made to the registered owner
thereof or to the owner's designated
agent as the same appear on the books
262
Special Session, April 15,1985
of the Registrar on the 15th day of the
month preceding the payment date.
And all such payments shall fully
discharge the obligations of the Issuer
in respect of such Bonds to the extent
of the payments so made. Payment of
principal shall only be made upon su~
render of the bond to the paying agent.
Section 9. Execution, Authentica-
tion and Delivery of the Bonds. Upon
the adoption of this resolution, the
Mayor and City Clerk shall execute
and deliver the Bonds to the Registrar,
who shall authenticate the Bonds and
deliver the same to or upon order of the
Purchaser. No bond shall be valid or
obligatory for any purpose or shall be
entitled to any right or benefit
hereunder unless the registrar shall du-
ly endorse and execute on such Bond a
certificate of authentication substan-
tially in the form of the Certificate
herein set forth. Such Certificate upon
any Bond executed on behalf of the
Issuer shall be conclusive evidence
that the Bond so authenticated has
been duly issued under this resolution
and that the holder thereof is entitled
to the benefits of this resolatiorr
No Bonds shall be authenticated and
delivered by the Registrar unless and
until there shall have been provided
the following:
1. A certified copy of the resolution
of Issuer authorizing the issuance of
the Bonds;
2. A written order of Issuer signed
by the Treasurer of the Issuer dire~
ting the authentication and delivery of
the Bonds to or upon the order of the
Purchaser upon payment of the pu~
chase price as set forth therein;
3. The approving opinion of Ahlers,
Cooney, Dorweiler, Haynie, Smith &
Allbee, Bond Counse~ concerning the
validity and legality of all the Bonds
proposed to be issued.
Section 10. Form of Bond. Bonds
shall be printed in substantial com-
pllance with standards proposed by
the American Standards Institute
substantially in the form as follows:
(1) ~
(10)
(continued on the back of this Bond)
(11)(12)(13) ] (1~4) ~__
FIGURE
(Front)
Special Session, April 15,1985
(10)
(Continued)
(16)
(17)
FIGURE 2
(Back)
The text of the bonds to be located
thereon at the item numbers shown
shall be as follows:
Item 9, figure i = The City of Dubu-
que, lowa, a municipal corporation
organized and existing under and by
virtue of the Constitution and laws of
the State of Iowa (the "Issuer"), for
value received, promises to pay from
the source and as hereinafter provided,
on the maturity date indicated above,
Item 9A, figure i = (Registration
panel to be completed by Registrar or
Printer with name of Registered
Owner).
Item 10, figure 1 = or registered
assigns, tho principal sum of(principal
amount written out) Thousand Dollars
in lawful money of the United States of
263
America, on the maturity date shown
above, only upon presentation and sup
render hereof at the principal office of
Bankers Trust Company, Paying
Agent of this issue, or its successor,
with interest on said sum from the date
hereof until paid at the rate per annum
specified above, payable on November
1, 1985, and semiannually thereafter on
the 1st day of May and November in
each year.
Interest shah be paid to the
registered homer of the bond as shown
on the records of ownership maintain-
ed by the Registrar as of the 15th day
of the month next preceding such
retest payment date. Interest shall be
computed on the basis of a 360-day
year of twelve 30~day months.
This bond is issued pursuant to the
provisions of Section 384.25of the City
Code of Iowa, for the purpose of pay-
tion and repair of street improvements,
bridges, storm sewers, and the exten.
sion and improvement of the munlei-
pal airport, in conformity to a Resolu-
tlon of the Council of said City duly
passed and approvecL
The right is reserved by the City
Council of the City of Dubuque to call
and redeem the bonds maturing on and
264
Special Session, April 15, 1985
after May 1, 1996, prior to maturity
from any funds regardless of source on
any interest payment date on or after
May 1, 1995, in whole, or from time to
time in par~ in inverse order of maturi-
~y and within a maturity by lo~ upon
terms of par and accrued i~iterest plus
a premium of one-half of one percent
(~ of 1%) of the principal amount of
any such bonds called for such redemp-
tion for each year or fraction thereo!
between the redemption date and the
stated maturity of such bonds, but in
any event not to exceed two percent
(2%) of the principal amount of such
bonds.
Notice hereunder may be given by
registered mail to the owner of record
of the bond at address shown on the
books of the Registrar and shall be
deemed complete upon mailing.
Ownership of this bond may be
transferred only by transfer upon the
books kept for such purpose by
Bankers Trust Comphny, the
Registrar. Such transfer on the books
shall occur only upon presentation and
surrender of this bond at the principal
office of the Registrar, together with
an assignment duly executed by the
owner hereof or his duly authorized at-
torney in the form as shall be satisfoc-
tory to the Registrar. Issuer reserves
the right to substitute the Registrar
and Paying Agent but shal~ howeve~
give 60 days' notice to registered bond.
homers of such change. All bonds
shall be negotiable as provided in Arti~
cie 8 of the Uniform Commercial Code
and Section 384.31 of the Code of Iowa,
subject to the provisions for registro,
tion and transfer contained in the bond
resolution
And it is hereby represented and
tiffed that all acts, conditions and
things requisite, according to the laws
and Constitution of the State of Iowa,
to exist, to be had, to be done, or to be
performed precedent to the lawful
issue of this bond, have been existent,
had, done and performed as required
by law; that provision has been made
for the levy ora sufficient continuing
annual tax on all the taxable property
within the territory of the Issuer for
the payment of the principal and in-
terest of this bond as the same will
respectively become due; that the
fuitb~ credit, revenues and resources
and all the real and personal property
of the Issuer are irrevocably pledged
for the prompt payment hereof, both
principal and interest' and the total in-
debtedness of the Issuer including this
bond, does not exceed the constitu-
tional or statutory limitations.
IN TESTIMONY WHEREOF, the
Issuer by its Counci~ has caused this
bond to be signed by the facsimile
signature of its Mayor and attested by
the facsimile signature of its City
Clerk, with the seal of said City printed
hereon, and to be authenticated by the
manual signature of an officer of the
Registrar, Bankers Trust Company of
Des Moines, Iowa.
~y
A~
ASSIGNMENT
hereby sells, assigns and transfers un-
to (Social Security
or Tax Identification No.
3 the within Bond and
does hereby irrevocably constitute and
torney in fuct to transfer the said Bond
on the books kept for registration of
Special Session, April 15, 1985
265
the within Bond, with full power of
substitution in the premises.
Dated
(Person(s) executing this Assignment
signs(s) here)
SIGNATURE)
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must
correspond with the name(s) as written
upon the face of the certificate(s) or
bond(s) in every particular without
alteration or enlargement or any
change whatever. Signature guarantee
should be made by a member or
member organization of the New York
Stock Exchange, members of other Exw
changes having signatures on file with
transfer agents or by a commercial
bank or trust company.
INFORMATION REQUIRED FOR
REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferal(s)
The following abbreviations, when
used in the inscription on the face of
this bond, shall be construed as though
written out in full according to ap-
plicable laws or regulations:
(Cust) (Min~r)
(State)
Section 11. Right to Name Substitute
Paying Agent or Registrar. Issuer
reserves the right to name a substitute,
successor Begistrar or Paying Agent
upon giving 60 days' written notice to
each registered bondholder.
Section 12. Contract Between Issuer
and Purchaser. This Resolution con-
stitutes a contract between said City
and the purchaser of the bonds.
Section 13. Non-Arbitrage
Covenants. The Issuer reasonably ex-
peers and co venants that no use will be
made of the proceeds from the issuance
and sale of the Bonds issued hereunder
which will cause any of the Bonds to be
classified as arbitrage Bonds within
the meaning of Section 103(c) (2) of the
Internal Revenue Code of the United
States, and that throughout the term
of said Bonds it will comply with the
requirements of said statute and
regulations issued thereunder.
To the best knowledge and belief of
the Issuer, there are no facts or ci~
cumstances that would materially
change the foregoing statements or the
conclusion that it is not expected that
the proceeds of the Bonds will be used
in a manner that would cause the
Bonds to be arbitrage Bonds. The
Treasurer is hereby directed to deliver
a certificate at issuance of the Bonds
to certify as to the reasonable expecta-
tion of the Issuer at that date.
The Issuer covenants that it will
treat as restricted yield investments
any funds in the Bond Fund for pay-
ment of the Bonds in excess of l3/12ths
of the annual principal and interest re-
quirements of the then current year.
"Restricted yield investments" are
funds or investments which the Issuer
covenants not to invest at a yield
materially higher than the yield on the
bonds as defined in the regulations
issued under authority of Section
103(c) of the Internal Revenue Code of
the United States.
The Issuer covenants that it will ex-
ceed any investment yield restriction
provided in this resolution only in the
event that it shall first obtain an opi-
nion of recognized bond counsel that
the proposed investment action will
not cause the bonds to be classed as ar-
bitrage bonds under Section 103(c) of
the Internal Revenue Code or regula-
tions issued thereunder
The Issuer covenants that it will pro-
ceed with due diligence to spend the
proceeds of the bonds for the purpose
266
Special Session, April 15, 1985
set forth in this resolution.
Section 14. Severabiilty Clause. If
any section, paragraph, clause or pr~-
vision of this Resolution be held in-
valid, such invalidity shall not affect
any of the remaining provisions
hereof, and this Resolution shall
become effective immediately upon its
passage and approval.
Section 15. Repeal of Conflicting
Resolutions or Ordinances. That all
dinances and resolutions and parts or
ordinances and resalut~ons in conflict
h~rewith are hereby repealed.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the Iollownig vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
K]uesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub-
mitting Collective Bargaining Agre~
merit between the City of Dubuque,
Iowa and the General Drivers and
I-~lpers Union, Local 421, presented
and read. Council Member Deich moved
that the communication be received
and filed. Seconded by Council Member
lfluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 125-85
Accepting the Agreement Between the
City of Dubuque, Iowa, and the General
Drivers and Helpers Union,
Local 421, and Authorizing the Mayor
to Sign said Agreement
WHEREAS, the Sixty-fifth General
Assembly adopted the Public Employ-
ment Relations Act, Chapter 20, Code
of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the General Drivers and
Helpers Union, Local 421. is an
employee organization within the mean-
ing of Section 3(4) of the Public
Employment Relations Act; and
WHEREAS, the General Drivers and
Helpers Union, Local 421, submitted a
request to bargain collectively on behaff
of the employees within its representa-
tlon; and
WHEREAS. bargaining between the
parties has occurred and an agreement
has been conaluded.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE.
IOWA:
Section 1. That the terms of the agree-
ment be accepted and the Mayor
authorized to sign the attached collec-
tlve bargaining agreement.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub-
mitring Collective Bargaining Agree-
ment between the City of Dubuque,
Iowa and the Dubuque Professional
Fire Fighters Association, Local #353,
presented and reacL Council Member
Hammel moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem~
hers Beurskens, Deleh, Hammel,
Kluesner, Kronfald¢ Manning.
Nays--None.
Special Session, April 15, 1985
267
RESOLUTION IqOA25-85
Accepting the Agreement between the
City of Dubuque, Iowa, and the Dubu-
que Professional Fire Fighters Associa-
tion, Local 353, and Autheri~ing the
Mayor to Sign said Agreement
WHEREAS, the Sixty-Fifth
General Assembly adopted the Public
Employment Relations Act, Chapter
20, Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the Dubuque Profes-
eional Fire Fighters Association, Local
353, is an employee organization
within the meaning of Section 3(4) of
the Public Employment Relations Act;
and
WHEREAS, the Dubuque Profes-
sional Fire Fighters Association, Local
353, submitted a request to bargain
collectively on behalf of the employees
within its representation; and
WHEREAS, bargaining between
the parties has occurred and an agree-
ment has been concluded.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the terms of the
agreement be accepted and the Mayor
authorized to sign the attached collec.
tire bargaining agreement.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel~
Kluesner, Kronfaidt, Manning.
Nays--None.
Communication of City Manager sub-
mitting Collective Bargaining Agree-
merit between the City of Dubuque,
Iowa, and the International Union of
Operating Engineers, Local #758,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, coUncil Mem-
bers Beurskens, Deich, Hammel,
Eluesner, Krunfeidt, Manning,
Nays--None.
RESOLUTION NO. 127-85
AccepCmg the Agreement between the
City of Dubuque, Iowa, and the
International Union of Operating
Engineers, Local 758, and Authorh~ng
the Mayor to Sign said Agreement
WHEREAS, the Sixty-Fifth General
Assembly adopted the Public Employ-
ment Relations Act, Chapter 20, Cede
of Iowa; and
WHEREAS, the City of Dubuque, is
a public employer within the meaning
of Section 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the InternatioUnl Union
of Operating Engineers, Local 758, is an
employee organization within the mean-
lng of Section 3(4) of the Public
Employment Relations Act; and
WHEREAS, the International Union
of Operating Engineers, Local 758, sub-
mitted a request to bargain collectively
on behalf of the employees within its
representation; and
WHEREAS, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the terms of the agre~
ment be accepted and the Mayor
authorized to sign the attached collec.
tire bargaining agreement.
Passed, adopted and approved tins
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
268
Special Session, April 15, 1985
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub
mitting Collective Bargaining Agree-
ment between the City of Dubuque,
Iowa, and the Dubuque Policemen's
Protective Association, presented and
read. Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hamme]
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 128-85
Accepting the Agreement Between th~
City of Dubuque, Iowa, and the
Dubuque Pollcemen's Protective
Association and Authorizing the
Mayor to Sign Said Agreement
WHEREAS, the Sixty-Fifth General
Assembly adopted the Public Employ-
ment Relations Act, Chapter 20, Code
of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the Dubuque
Policemen's Protective Association is
an employee organization within the
meaning of Section 3(4) of the Public
Employment Relations Act; and
WHEREAS, the Dubuque
Policemen's Protective Association
aubrnitted a request to bargain collec.
tively on behalf of the employees within
/ts representation; and
WHEREAS, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the terms of the agree-
merit be accepted and the Mayor
authorized to sign the attached collec-
tive bargaining agreement.
Passed, adopted and approved this
15th day of April, 1985.
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Comlnuhication of City Manager sub-
mitting Collective Bargaining Agre~-
merit between the City of Dubuque,
Iowa, and the Amalgamated Transit
Union, Division 329, presented and
read. Council Member Deich moved
that the communication be received
and filed. Seconded by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 129~5
Accepting the Agreement between the
City of Dubuque, Iowa, and the
Amalgamated Transit Union, Division
329, and Authorizing the Mayor
to Sign Said Agreement
WHEREAS, the Sixty-Fifth General
Assembly adopted the Public Employ-
ment Relations Act, Chapter 20, Code
of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the Amalgamated Tran-
sit Union, Division 329, is an employee
acganization within the meaning of Sec-
tion 3(4) of the Public Employment
Relations Act; and
WHEREAS, the Amalgamated Tran-
sit Union, Divieion 329, submitted a r~-
quest to bargain collectively on behalf
Special Session, April 15, 1985
269
of the employees within its representa-
tion; and
WHEREAS, bargaining between
the parties has occurred and an agree-
reent has been concluded.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the terms of the
agreement be accepted and the Mayor
authorized to sign the attached collec-
tire bargaining agreement.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
A~I~EST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Canununication of City Manager sub-
mitring Fiscal Year 1986 Compensation
Package for Non-Bargaining Unit
Employees, presented and read. Coun-
dl Member Kluesner moved that the
communication be received and filed.
Seconded by Council Member Dcich.
Carried by tbe fonowing vote:
Yeas--Mayor Brady, Council Mem-
bets Bourskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 130-85
Adopting the Fiscal Yeor 19~6 Compen-
sation Package and Wage Plan for
Nonbargaiaing Unit Employees
WHEREAS, it has been the practice
to provide a compensation package to
nonbargeining unit employees similar
to the compensation package to be
received by bargaining unit employees;
and
WHEREAS, the proposed compensa-
tion package for nonbargaining unit
employees for Fiscal Year 1986
represents an increase of 4.5%,.canals.
tent with the compensation package to
be recelved by all bargaining units in
Fiscal Year 1986.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the compensation
package and wage plan for nonbargain.
lng unit employees for Fiscal Year 1986,
which reflects an across the ~oard wage
increase of 4.5% effective July 1, 1985, is
hereby approved.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
A~I~EST:
Mary A. Davis
City Clerk
Counc'd Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
It3uesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 131-85
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B' BE~R PERMIT
270
Special Session, April 15,1985
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
A'VrEST:
Mary A. Davis
City Clerk
Council Member Beurckens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bourskens, Daich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 132-85
WHEREAS, Applications for LiquoJ
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-
speeted and found to comply with the
State Law and ail City Ordinances rele.
vant thereto and they have filed proper
bends;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
A'P~EST:
Mary A. Davis
City Clerk
Council Member Beerskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueaner, Kronfeldt, Manning.
Nays--None.
Group W, Cable submitting informa-
tion required pursuant to Ordinance
No. 42-81, presented and read. Council
Member Beurskens moved that the in-.
formation be received and filed. Second-
ed by Council Member Khiesner. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kroufeldt, Manning.
Nays--None.
MINUTES SUBMITTED: Cable
Community Teleprogramming Com-
mission of 3-7 & 4-2; Dubuque In-
Future, Inc. of 4-4; Planning and Zen-
/ng Commission of 3-20 & 4-3; Zoning
Board of Adjustment, presented and
read. Council Member Beurskens mov-
ed that the minutes be received and ill-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
gluesner, Kronfeldt, Manning.
Nays--None.
NOTICE OF CLAIMS AND SUITS:
Thomas W. Buelow, in amount of
$538.84 for backed-up sewer damages;
Theron N. Clark in estimated amount of
$370.90 for car damages; Charles W.
Isanhart in amount of $53.58 for car
damages; Barb Sanner in amount of
$1,854.88 for airplane damages;
Marguerite M. Roberts in unknown
amount for per~onai injuries, presented
and read. Council Member Beurskens
moved that the claims and suits be
referred to the Legal Staff for investiga-
tion and report. Seconded by Couned
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
Special Session, April 15, 1985
271
bers Beurskens, Deich, Hammel
Kluesner, Kronfoldt, Manning.
Nays--None.
Communication of Corporatinr
Counsel recommending denials of
following claims for vaxious reasons:
property damage claim of Ariel Austin;
property damage claim of Robert
Becker; property damage claim of Jef-
fery Fink; property damage claim of
Robert Kramer; property damage claim
of Mickelee Kuntz; property damage
claim of Harold Schmitt; personal in-
jury claim of Ron Ward; submitting
Copy of the Opinion of the Iowa Court
of Appeals in the matter of Louis Pfohl
vs. City of Dubuque, presented and
read. Council Member Beurskens mov-
ed that the communication be received
and flied and denials approved. Second-
ed by Council Member Kluesner. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel recommending denial of sewer
back-up claim of Mary Ellen Lyons,
presented and read. Council Member
Hammel moved that the claim be refer-
red back to the Legal Satff for further
investigation. Seconded by Council
Member Deick. Carried by the follow-
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueaner, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel recommending Settlements of
following claims: personal injury claim
of Robert Eichman in ainount of
$132.90; property damage claim of
Scott Hemesath in amount of $56.20;
property damage claim of John Udell in
amount of $87.19, presented and read.
Council Member Beurskens moved that
the communications be received and fil-
ed and settlements approved and
Finance Director to issue the proper
checks. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeidt, Manning.
Nays--None.
Proof of publication of Notices that
Sunnnary of adopted City Budget
showing intended uses of General
Revenue Sharing Funds is available for
inspection by the public and llst of
claims and expenditures for month of
February, 1985, presented and read.
Council Member Beurskens moved that
the proof be received and filed. Second-
ed by Council Member Kluesner. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
REFUND REQUESTED: Robert R.
Gross, $25 on unexpired Cigarette
License and $833.75 on unexpired Li-
quor License; Jerry Turner, $633.75 on
unexpired Liquor License, presented
and read. Council Member Beurskena
moved that the refunds be approved
and Finance Director to issue the pro-
per check. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Petition of Richard Pitz requesting
assistance regarding the parking situs-
gion at 760 E. 16th St. (across from
FDL Foods), presented and read. Coun-
dl Member Beurskens moved that the
petition be referred to the City
Manager. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dnich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending the cancellation and
zeleaeing of Contractor's Improvement
Bond from Tri-State Paving Co. for
Sunset Park Subdivision No. 4,
presented and read. Council Member
Beurskens moved that the communica-
tion be received and filed. Seconded by
Council Member Kkiesner. Carried by
the following vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich, Hammel,
Khiesner, Kronfeldt, Manning.
Nays--None.
272
Special Session, April 15,1985
RESOLUTION NO. 133.85
WHEREAS, the City Council ap-
proved the plat of Sunset Park Sub-
division # through adoption of Resulu-
tion No. 207-78 on June 19, 1978; and
WHEREAS, a Contractor's Im-
provement Bond for the construction
of public sidewalks naming Tri-State
Paving, Division of Dubuque Stone
Products Company, Dubuque, Iowa as
Contractor and Merchant's Mutual
Bonding Company, Des Moines, Iowa
as Surety was duly filed in the office of
the City Clerk; and
WHEREAS, the City Council has
determined that the said construction
bend is no longer necessary and should
be cancelled.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the City Manager be
and is hereby authorized and directed
to execute any and all documents
necessary for the release and cancella-
tion of the City's interest in said bond,
from Merchant's Mutual Bonding
Company.
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
gluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending the C~)ntractor's Ira-
provement Bond from Tri-State Paving
Co. for Oak Brook Development from
Merchant's Mutual Bonding Co.,
presented and read. Council Member
Beurshens moved that the communiea-
tion be received and filed. Seconded by
Council Member Beurskens. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
mr, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 134-85
WHEREAS, the City Council ap-
proved the plat of Oak Brook Develop-
mant, and established a Planned Unit
Dovelopment designation for the pro-
ject through Resolution No. 229-79 and
223-80, respectively; and
WHEREAS, a Contractor's Im-
provement Bond for the development
naming Tri-State Paving, Division of
Dubuque Stone Products Company,
Dubuque, Iowa, as Contractor and Mer-
chant's Mutual Bonding Company, Des
Moinea, Iowa, as Surety was duly filed
in the Office of the City Clerk on
September 7, 1979; and
WHEREAS, said Planned Unit
Development designation has since
lapsed, new development plans would
need to be approved by the Planning
and Zoning Commission and the City
Council prior to construction.
NOW, THEREFORE, BE IT
SOLVED, by the Ctiy Council of the Ci-
ty of Dubuque, Iowa:
Section 1. That the City Manager be
and is hereby authorized and directed to
execute any and all documents
necessary for the release and caneella.
tion of the City's interest in said bond
from Merchant's Mutual Bonding Com-
pany.
Passed, adopted and approved this
15th day of April, 1985.
dames E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager r~-
questing to give preliminary approval
of the vacat'mg and sale of the public
alley adjacent to the property of Mart'm
A. Gansemer, 515 Strauss St., pre-
Special Session, April 15, 1~5
273
sented and read. Council Member
Beurskens moved that the com-
munication be received and filed and
recommendation approved. Seconded
by Council Member Kluesnar. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manage~
recommending approval of a plat for
northerly portion of vacated Rhombarg
Ave. recently sold to Susan Balsamo
l~esented and read. Council Member
Beurskens moved that the communlca-
ilon be rec~ved and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Dnich, Hammel
I~]uesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 135-85
Resolution Approving a Plat of a Sub-
division of Lot 1 of Lot 1 of Lot 1
of Lot I of Lot 1 of Lot I of Mineral Lot
305A in the City of Dubuque,
Dubuque County, Iowa
WHEREAS, there has been
presented to the City Council of the Ci-
ty of Dubuque, Iowa, a plat dated April
4, 1985 prepared by Wallace, Holland,
Kastler, Schmltz and Company sub-
dividing lot 1 of lot 1 of lot 1 of lot 1 of
lot 1 of lot 1 of Mineral Lot 305A; and
WHEREAS, said plat conforms to
the laws and statutes pertaining
thereto.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the Ci-
ty of Dubuque, Iowa:
Section 1. That the plat dated April '~
1985 prepared by Wallace, Holland,
Kastler, Schmitz and Company, cover
lng the real estate hereinabove describ-
ed, be and the same is hereby approved
and that the Mayor and City Clerk be
and they are hereby authorized and
directed to execute said plat for and on
5ehalf of the City of Duhaque, lowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
resolution in the office of th~ Recorder,
in and for Dubuque County, Iowa
Passed, adopted and approved this
15th day of April, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Bluesoer, Kronfeldt, Manning.
Nays--Nune.
9:53 p.m. Council Member Manning
moved to go into Closed Session in ac-
cardance with Chapter 28A.5(1)(c) of
the Code of Iowa to discuss strategy
with Council in matters that are
presently in litigation, Seconded by
Coun~ Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
10:09 p.m. Council reconvened.
There being no further business,
Coun~ Member Kronfeldt moved to
adjourn. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Meeting adjourned at 10:10 p.m.
Mory A. Davis
City Clerk
Approved ~ _1985
Adopted _1985
Mayor
274
Special Session, April 15, 1985
Council Members
ATTEST:
City Clerk
Special Session,
CITY COUNCIL
OFFICIAL
Special Session, April 29, 1985.
Council Met at 5:00 o~chick p.m.. in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Hammel, Kron-
feldt, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry
A. Lindabl.
Absent at Roll Call: Council Member
Deich.
Mayor Brady read the call and
stated that service thereof had been
duly made and th~s Meeting is called
for the purpose to convene in a CLOS-
ED SESSION TO DISCUSS
STRATEGY WITH COUNSEL IN
MATTERS THAT ARE PRESENT-
LY IN LITIGATION OR WHERE
LITIGATION IS IMMINENT
WHERE ITS DISCLOSURE
WOULD BE LIKELY TO PRE-
JUDICE OR DISADVANTAGE
THE POSITION OF THE GOVERN-
MENT BODY IN THAT LITIGA-
TION.
5:02 p.m. Council Member Hammel
moved to go into Closed Session (into
Board Room, 2nd Floor) under Section
28A.5 of the Iowa Code to discuss
strategy with Counsel in matters that
are presently in litigation or where
litigation is imminent, where its
disclosure would be likely to prejudice
or disadvantage the position of the
government body in that litigation.
Seconded by Council Member
Kluesner. Carried by the follow/ng
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Haromel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Deich.
6:57 p.m. Council reconvened.
Council Member Kronfeldt moved
that the City retain the law firm of
Beveridge and Diamond to act on the
City's behalf. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
ber Beurskens, Hammel, Kfuesner,
Kronfeldt, Manning.
,ri129, 1985 275
Nays--None.
Abeent--Councll Member Deich.
There being no further business,
Uouncll Member Kcenfeldt moved to
adjourn. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Deich.
Meeting adjourned at 6:59 p.m.
Mary A. Davis
City Clerk
Approved
Adopted
1985
1985
Mayor
Council Members
ATTEST:
City Clerk
276
Regular Session, May 6, 1985
CITY COUNCIL
OFFICIAL
Regular Session, May 6, 1985.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning, City Manager W.
Kenneth Gearhart, Corporation
Counsel Barry A. Lindahl.
Absent--Council Member Kron~
feldt
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
REGULAR MONTHLY MEETING
of the City Council called to act upon
such business which may properly
come before the Council.
Invocation was given by Dr. Lyle
Vander Broek, Assistant Professor of
the New Testament at the University
of Dubuque.
PROCLAMATIONS: May 8. as
"Youth Leadership Day" received by
Kathy McMullen of Group W;
May 12-18 as "Preservation Week"
received by Paul Peckosh;
May 16-19 as "DubuqueFest Days"
received by Ruth Nash and Dr. George
Kritzman;
Month of May as "Mental Health
Month" received by Ann Michalski;
May 12 as "Mother's Peace Day"
received by Gaff Weitz;
May 18 as "Hearing and Speech
Day" received by Jerry Burds;
May 12-18 as "Transportation
Week" received by Mark Munson.
Mayor Brady swore in Council
Member Donald Deich as Mayor Pro-
Jerry Guy of the Durrant Group,
Inc. presented a status and progress
report on the Dubuque Dog Track
Facility.
Council Member Kluesner moved to
suspend the rules to let anyone pre,
sent address the Council if they so
desire. Seconded by Council Member
Hammel. Carried by the fo]lowing
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
I~uesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt
Proof of publication, certified to by
the Publisher, on Notice of Public Hear-
ing on FY '86 Section 9 Program of Pro-
jects consisting of an Operating
Assistance AppL/cant and a Planning
Assistance Application, and a Section 5
Capital Assistance Application,
presented and read. There were no writ-
ten objections received and no oral ob-
jectors present at the time of the Hear-
ing. Council Member Kluesner moved
that the proof of publication be received
and filed. Seconded by Council Member
Bearskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt
Proof of publication, certified to by
the Publisher, on Notice of Public Hcar-
ing to consider a Lease Agreement bet-
ween the City and S & S Enterprises for
leasing of property located at the corner
of West 3rd and Iowa for parking pur-
poses only. There were no written o1~
jections received and no oral objectors
present at the time of the Hearing.
Paula Stenlund of 1295 Prairie stated
she was available to answer questions.
Council Member Hammel moved that
the proof of publication be received and
filed. Seconded by Council Member
Marming. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Eluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt
RESOLUTION NO. 136-85
A Resolution approving a Lease Agree-
ment for certain Real Property owned
by the City of Dubuque commonly
known as 335 Iowa Street and
authoriz/ng and directing the Mayor
to execute said agreement on behnif
of the City of Dubuque.
WHEREAS, Pursuant to Council
Resolution No. 388-84, dated December