1984 May Council Proceedings140
Special Session, April 30, 1984
Council Members
ATTEST:
City Clerk
Regular Session, May 7,1984
141
CITY COUNCIL
OFFICIAL
Regular Session, May 7, 1984.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Dsich, Hammel
Kluesner, Kronfeldt, Manning, City
Manager W. Kenneth Gearhart, Car-
' porution Counsel William G. Blum.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is THE
REGULAR MONTHLY MEETING
of the Council called for the purpose to
act upon such business which may
properly come before the Council.
Invocation was given by Father
Dean Walz, Vice Chancellor of the
Archdiocese of Dubuque.
PROCLAMATIONS: May 18 and 19
as "Buddy Poppy Sale Days" received
by Leo Donovan; May 13 thru 19 as
"Transportation Week" received by
Walter Katuin; May 6 thru 12 as "Na-
tional Volunteer Week" received by
Sharon Heller; May 12-13 as "Millions
of Moms Vote for Survival '84" receiv-
ed by Paula Resch; May 23 as "Foster
Grandparent Day" received by Fondu
Coreon.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Klucenec. 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
Hearing on the issuance of $750,000
General Obligation Bonds {for an
essential corporate purpose) for Air-
port Improvements, presented and
mad.
There were no written objections
received. Council Member Hammel
moved to receive and file the proof of
publication. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Kluesner, Manning.
Nays--Council Member Kronfeldt.
RESOLUTION NO. 107-84
Resolution instituting proceedings to
take additional action for the issuance
of $7~0,000 general obligation bonds.
WHERI~AS, pursuant to notice
published/ as req~iired by law, this
Council has held a public meeting and
hearing upon the proposal to institute
proceedings for the issuance of
$750,000 General Obligation Bonds
for the essential corporate purpose of
paying costs of reconstruction, exten-
sion and improvement of an airport
already owned including a hangar, of-
fice building and parking lot, and has
considered the extent of objections
reCeived from residents or property
owners as to said proposed issuance of
bonds; and, accordingly the following
action is now considered to be in the
best interests of the City and residents
thereof.'
NOW, THEREFORE, BE IT
RESOVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council does
hereby instituta proceedings and takes
additional action for the sale and is.
suance in the manner required by law
of $750,000 General Obligation Bonds
for the foregoing essential corporate
purpose.
Section 2. The Clerk is authorized
and directed to pmceed on behalf of tho
City with the sale of said bonds, to
select a date for the sale thereof, to
cause to be prepared such notice and
sale information as may appear ap-
propriata, to publish and distribute the
same on behalf of the City and this
Council and otherwise to take all ac-
tion necessary to permit the sale of
said bonds on a basis favorable to the
City and acceptable to the Council
Passed and approved this 7th day of
May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
142
adoption of the Resolution. Seconded
by Conner Member Daich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesnor, Manning.
Nays--Council Member Kronfeldt.
RESOLUTION NO. 108-84
Resolution directing the advertise-
ment for sale of $750,000 general
obligation bonds.
WHEREAS, the City of Dubuque,
Iowa, is in need of funds to pay cost of
reconstruction, extension and im-
provement of an airport already owned
including a hangar, office building
and parldng lot, an essential corporate
purpose project, and it is deemed
necessary and advisable that the City
issue general obligation bonds for said
purpose to the amount of $750,000 as
authorized by Section 384.25 of the Ci-
ty Code of Iowa; and
WHEREAS, pursuant to notice
published as required by Section
384.25 this Council has held a public
meeting and hearing on May 7. 1984,
upon the proposal to institute pro-
ceedings for the issuance of the above
described bonds, and ail objections, if
any, to such Council action made by
any resident or property owner of said
City were received and considered by
the Council; and it is the decision of
the Council that additional action be
taken for the issuance of said bonds,
and that such action is considered to
be in the best interests of said City and
the residents thereof
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the bonds hereinafter
described be offered at public sale, pu~
suant to advertisement required by
law.
Section 2. That the Clerk is hereby
directed to publish notice of sale of
said bonds on two days, which need
not be successive, one of which shall be
not less than four clear days nor more
than twenty days before the date of the
sale. Publication shall be made in the
Dubuque Telegraph Herald, a legal
Regulsr Session, May 7, 1984
newspaper, printed wholly in the
English language, published within
the county in which the bonds are to be
offered for sale or an adjacent county.
Said notice is given pursuant to
Chapter 75 of the Code of Iowa, and
shall state that this Council on the 4th
day of June, 1984, at 7:30 o'clock P.M.,
will hold a meeting to receive and act
upon bids for said bonds; said notice to
be in substantially in the form attach.
Passed and approved this 7th day of
May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hannnel 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, Manning.
Nays--Council Member Kronfeldt.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on pendency of Resolution of
Necessity for 1984 Traffic Signal and
Street Lighting Improvements,
~reeented and read. There were no
written objections received.
Council Member Kluesner moved
that the proof of publication be recaiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
folinwlng vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, I~ammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 80-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the 1984 Traffic Signal and Street
Lighting hnprovements.
Regular Session, M~y 7, 1984
143
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visuble and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, speciflca-
tions, contract or estimated cost of th,
improvement, they shall ha deemed to
have waived ali objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on fac with the City
Clerk. That the cost and expense of
making such improvement will be paid
from the street construction fund.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 2nd day of
April, 1984.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kinesner moved
final adoption of the Resolution.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mere4
bars Beurskens, Deich, Hammel
Klueener, Kronfeldt, Manning.
Nays--None.
Decision of Council upon objections to
plans, specifications, form of contract
and cost of improvements.
RESOLUTION NO. 109-84
WHEREAS, proposed plans and
specifications and form of contract for
the 1984 Traffic SignM and Street
Lighting Improvments have been ap-
proved by the City Council of the City
of Dubuque and public notice given as
provided by the Code of Iowa pertain-
lng to public contracts and bonds, and
the time and place fixed for the hear-
ing of all objections to said plans,
specifications or contract for or cost of
such improvements, said time being
this 7th day of May, 1984; and
WHEREAS, the City Council met in
regnlar session this 7th day of May,
1984, at 7:30 p.m. at the City Council
Chambers, City Hall for the purpose of
hearing ail interested parties and con-
sidering any and ali objections which
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS~ ail interested parties
have been given an opportunity to be
beard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions wMch been made and filed to the
plans, specifications, contract for or
cost of said improvement herein
described and proposed to be made, be
and the same hereby overrnled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon ail
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
~ermanent record in connection with
said improvement.
Passed, approved and adopted this
7th day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Momber Klueener moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskans, Deich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 11~84
BE IT RESOLVED BY THE CITY
144
Regular S~ssion, May 7, 1984
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 80-84 which was duly
passed by this Council for the 1984
Traffic Signal and Street Lighting Im-
provements be and the same are
hereby ordered and constructed by
this Council upon its own motion and
with or without the petition of proper-
ty owners. All the work shall be con-
structed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from the street
construction fund,
BE IT FURTHER RESOLVED
that this resolution being deemed
argent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
7th day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Councii Member Kluesnar moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammal,
Klaesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tors of Receipt of Proposals for con-
struction of 1984 Traffic Signal and
Street Lighting Improvements
presented and read.
Council Member Kluesner moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
f~llowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesnar, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending to award contract far
above to Weetphal and Co., Inc. - 27%
under estimate, presented and reed.
Council Member Klueener moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
yees--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Member Hummel moved to
leave lights on the side of the poets on
three locations. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskans, Dnich, Hummel,
Klueener, Kronfaldt, Manning.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 111-84
WHEREAS, sealed proposals have
been submitted by contractors for the
1984 Traffic Signal and Street
Lighting Improvements parsnant to
Resolution No. 110-84 and notice to
bidders published in a newspaper
published in the City of Dubuque,
Iowa on 12th day of April, 1984.
WHEREAS, said sealed proposals
were opened and reed on the let day of
May, 1984, and it has been determined
that the bid of Weetphal and Com-
pany, Inc. of Dubuque, Iowa in the
amount of $37,539.98 was the lowest
bid for the inrniahing of all labor and
materials and performing the work az
provided for in the plane and specifica-
tions.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
That the contract for the above-
mentioned improvement be awarded
to Westpbel & Company, inc. and the
Manager be and is hereby directed to
execute a contract on behalf of the Cf-
ty of Dubuque for the complete perfor-
manca of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
Regular Session, May 7, 1984
tract and the approval of the contrac-
Wr's bond, the City Treasurer is
authorized and instructed to return
the bid deposits of the unsuccesaful
bidders.
Passed and approved this 7th day of
May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
city Clark
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager re-
questing Council authorization to sub-
mit an operating assistance applica-
tion to the Iowa State public Transit
Division and to set a date for Public
Hearing on the application, presented
and read.
Council Member Hannnel moved
that the communication be received
and filed and that a Public Hearing be
set for May 21, 1984 at the Public
Library Auditorium and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dnich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 112-84
Authorizing submission of an applica-
tion for operating assistance with the
Iowa Department of Transportation.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the Mayor is hereby
authorized and directed to execute an
application for operating assistance
for Fiscal Year 1985 for transit opera.
tions to be submitted to the Iowa
Department of Transportation on May
145
Section 2. That the City Clerk is
hereby authorized and directed to
publish notice ofa public heating to be
held at Z.30 P.M. on May 21, 1984 at
the Carnegie Stout Public Library on
such applicatior~
Passed, approved and adopted this
7th day of May, 1984,
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klueener, Kronfeldt, Manning.
Nays--None.
Commuhieation of Planning and
Zoning proposed Zoning Map amend-
ment for Julien Dubuque Drive Plann-
ed Industrial District for property
located on South Juilen Dubuque
Drive, presented and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurekans, Delah, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
An ORDINANCE Amending Zen-
lng Ordinance and Map by reclassify-
mg properties along Juben Dubuque
Drive from their current zoning
classifications to PI Planned In-
dustrial District to be known as
"Juilen Dubuque Drive Planned In-
dustrial District", presented and read.
Council Member Hummel moved
that the feeding just had be con-
sidered the first reading of the Or-
dinance, that the rule requiring an Or-
dinance to be presented and read at
two meetings prior to the meeting
when final action is taken, be dis-
)ensed with. Seconded by Council
Member Kluesner. Vote on motion was
as follows:
Yeas--Council Members Beurskens,
Hammel, Kluesnar, Kronfeldt, Mann-
146
Nays--Mayor Brady, Council
Member Deich.
MOTION FAILED DUE TO LACK
OF A aA VOTE.
Couocfl Member Hammcl moved
that the reading just had be con-
s/doted tho first reading of the Or-
dinanec. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Hammel, Klueaner,
Kronfeldt, Manning.
Nays--Council Member Deich.
Communication of City Manager
recommending sale of a portion of
Water Division West Third St. proper-
ty on Mazzuchelll St. in amount of
$5,740, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskeas, Kluecncr, Kronfcidt,
Manning.
Nays--Council Members Deich,
Hammel.
Council Member Bearskens moved
that a Public Hearing be set on the
matter on May 21, 1984 at 7:30 p.m. in
the Public Library Auditorium and
that the City Clerk publish notice in
the manner prescribed by law, Second-
ed by Council Member Kluesner. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Kluesner, Kronfeldt,
Manning.
Nays--Council Members Deich,
HammeL
Communication of City Manger sub-
mltting documents providing for the
1984 Asphalt Paving Project,
presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfcidt, Manning.
Regular Session, May 7,1984
Nays--None.
~Neecssity for Impeovemenl
RESOLUTION NO. 113-84
WHEREAS, proposed plans
been duly prepared and
the City
que and ere now o
the City Clerk showing
things the plans, specfilcatian~
of contract, estimated cost
preliminary plat and
the amount
against each lot and
each lot as fixed by the City
for the 1984 Asphalt Pavin~
BE IT THEREFORE
that the City Council deems
visable and necessary for the
welfare to make the
improvement, and unless
owners at the time of the final
sideration of this
have on file
tions to the recolutio~
they shell be deemed to
all objections pertaining to
regularity
ty of using the special assessment
cedure.
Said improvements shall be
structed and done in I
the plans and specifications
have been approved b~
cll and are now on file u
Clerk. That the cost and
making said improvement
assessed partially or totally
privately owner property
the assessment limits, and in
amount not to exceed that
law, and in proportion to
benefits conferred.
The portion of the
be borne by the Cit~
the Road Use Tax Fund,
Sharing Fund, and the
ment bonds ma~
tion of deferred payments
assessments when a
ceeds thereof used to pa)
tor.
The above resolution
ed, approved and ordered
with the City Clerk this 7th day
May, 1984.
Regular ~eesion, May 7, 1984
147
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klucener moved ap-
Seconded by
~ouncll Member Kronfeldt. Carried by
the fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Elucener, Kronfeldt, Manning.
Nays--None.
, Etc.)
RESOLUTION NO. 114-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs, form of
contract, plat and schedule, including
valuations appearing thereof, in-
cluding ail items of material and work
for the City of Dubuque 1984 Asphalt
Paving Project with the estimated
cost of the improvement to be
$1,784,342.98, ere hereby approved
and ordered filed in the Office of the
City Clerk for public inspection, and
ere to be considered part of tiffs
Resolution.
Passed, adopted and approved this
7th day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Kluesner, Kronfoldt, Manning.
Nays--None.
RESOLUTION NO. 115-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the attached sheets,
No. I through 39 inclusive, are hereby
determined to be the schedule of pro-
posed assessments for the City of
Dubuque 1984 Asphalt Paving Projec~
and the valuations set out therein, are
hereby approved.
Adopted this 7th day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskene, Deich, Hammel,
Kluecner, Kronfeldt, Manning.
Nays--None.
(Fixing Date of Hearing)
RESOLUTION NO. 116-84
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications and form of con-
t~act and placed same on file in the of-
fice of the City Clerk for public inspec-
tion, for the 1984 Asphalt Paving Pro-
jeer, and,
WHEREAS, the proposed Resolu-
tion of Necessity for saldimprovement
has been introduced and is now on file
in the City Clerk's office for public in-
spection,
NOW, THEREFORE, BE IT
RESOLVED, that on the 4th day of
June, 1984, a public hearing will he
held at 7:30 o'clock p.m. in the Five
Flags Civic Center in the City of Dubu-
que at which time the or, ere of pro-
petty ~subject to assessment for the
proposed improvement or any other
~erson having an interest in the mat-
ter may appear and be heard for or
against the making of the improve-
ment, the boundaries of the district,
the cost, the assessment against any
lot, or the final adoption of a resolution
of necessity, and the City Clerk he and
is hereby authorized and directed to
cause a notice of time and place of such
hearing to he published in a newspaper
having general circulation in the City
of Dubuque, Iowa, which notice shall
he published once each week for two
148
Regular Session, May 7, 1984
consecutive weeks, the first publica-
tion of which shah be not less than ten
days prior to the day fixed for its con-
sideration. Unless property owners at
the time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
resolution of necessity they shall be
deemed to have waived all objections
thereto.
Passed, adopted and approved this
7th day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfaidt, Manning.
Nays--Nane.
Communication of City Manager
submitting Resolution providing for
proposed Amendment to the Fiscal
Year 1984 Budget, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 117-84
Resolution directing the City Clerk to
publish proposed amendment to the
Fiscal Year 1964 budget and date of
public hearing.
WHEREAS, it is proposed that the
City of Dubuque amend its Fiscal Year
1984 budget; and
WHEREAS, Section 384.16, Code of
Iowa, stipulates that a public bearing
must be held on such a budget amend-
ment.
Section 1. That the City Clerk be and
is hereby authorized and directed to
publish notice of public hearing on an
amendment to th~ adopted budget for
the City of Dubuque, lowa
Passed, approved and adopted this
7th day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by .Council Member Beurskens. Car.
rled by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskans, Daich, Hammel,
Kluesner, Kconfeldt, Manning.
Nays--None.
Communication of Dept. of Corrso-
tional Services submitting final
Resolution providing for issuance of
Industrial Revenue Bonds in the
amount of $765,000, presented and
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
K[uesner, Kconfaidt, Manning.
Nays--None.
RESOLUTION NO. 118-84
A RESOLUTION AUTHORIZING
THE ISSUANCE OF A $765,~0 In.
dastrlai Development Revenue Bond
(First Judicial District Department of
Correctional Services Project) OF
THE City of Dubuque, FOR THE
PURPOSE OF MAKING A LOAN
TO ASSIST First Judidnl Distriet
Department of Correctional Services
IN THE FINANCING OF COSTS OF
A "PROJECT" WITHIN THE
MEANING OF CHAPTER 419,
CODE OF IOWA; PROVIDING FOR
THE ASSIGNMENT OF AND
GRANT OF A SECURITY IN-
TEREST IN REVENUES EOR THE
PAYMENT OF THE BOND TO FUB-
THER SECURE THE PAYMENT OF
THE BOND; AUTHORIZING THE
EXECUTION AND DELIVERY OF
A LOAN AGREEMENT PERTAIN-
ING TO THE PROJECT; AND
Reguhtr Session, May 7, 1984
149
AUTHORIZING THE ACCEP-
TANCE OF A MORTGAGE AND
SECURITY AGREEMENT AND AN
ASSIGNMENT THEREOF AND OF
THE LOAN AGREEMENT FOR
SECURING FURTHER THE PAY-
MENT OF THE BOND.
WHEREAS, the City of Dubuque,
by virtue of the laws of the State of
Iowa, including Chapter 419, Code of
Iowa, is authorized and empowered,
among .other things, (a) to issue
revenue bonds for the purpose of mak-
ing a loan to assist in the financing of
costs of acquiring, constructing,
equipping, improving and installing a
"project", as defined in Section 419.1
of the Code of Iowa, comprising a
facility, (b) to enter into a loan agrso-
ment and to accept security interests
to evidence and secure such in-
debtedness and to provide for
"revenues", as defined in said Section
419.1, sufficient to pay the principal
of, premium, if any, and interest of
such revenue bonds, (c) to secure such
revenue bonds by an assignment of
and grant of a security interest in
revenues, as provided for herein, and
(d) to enact this Bond Legislation and
enter into the Loan Agreement and
the acceptance and assignment of the
Mortgage and to execute and deliver
the Assignment, ail as hereinafter
defined, upon the terms and conditions
provided therein;
NOW, THEREFORE, BE IT
RESOLVED BY THE City Council of
the City of Dubuque, Iowa as follows:
Section 1. Definitions. In addition to
the words and terms elsewhere defined
in this Bond Legislation, in the Mow
tgage or in the Agreemen~ the follow-
lng words and terms as used in this
Bond Legislation shall have the follow.
lng meanings unless the context or use
clearly indicates another or different
meaning or intent:
"Act" means Chapter 419 of the
Code of lowa, as enacted and amendec~
"Amendment" means the Loan
Agreement between the Issuer and the
Company, dated as of May 1, 1984, as
the same may be amended from time io
time in accordance with the applicable
provisions thereof.
"Assignment" means the Assign-
merit of the Mortgage, the Agreement
and the Revenues, of even date with
the Agreement and Mortgage, from
the Issuer to the Holder.
"Authorized Company Represen.
tative" means the person at the time
designated pursuant to the Agreement
to act on behalf of the Company.
"Bond Legislation" means this
resolution as the same may from time
to time be lawfully amended or sup-
plomented.
"Bond service charges" for any time
period means the prinoipa~ interest
and prepayment or redemption
premium~ if any, required to be paid by
the Issuer on the Project Bond for such
time perioc~
"Code" means the Internal Revenue
Code of 1954 as amended and
references to the Code and Sections of
the Code shall include relevant regula-
tlons and proposed regulations
thereunder and any successor provi-
sions to such Sections, regulations or
proposed regulations.
"Company" means First Judicial
District Department of Correctional
Services, a public agency of the State
of Iowa as authorized by Chapter 905,
Code of Iowa, 1983, and its lawful suc-
cessors and assigns.
"Construction Fund" means the
Construction Fund created by Section
6 hereof
"Eligible Investments" means, to
the extant permitted by law and in ac-
cordance with the provisions of the
Bond Legislation (i) obligations issued
or guaranteed by the United States of
America,. {ii} obligations issued or
guaranteed by any person controlled or
supervised by and acting as an in-
strumentalily of the United States of
America pursuant to authority
granted by the Congress of the United
States of America; (iii} obligations
issued or guaranteed by any state of
the United States of America, or the
District of Columbia, or any political
subdivision of any state or distrla$' (iv)
prime commercial paper; (v) prime
finance company paper,. {vi} bankers
adceptances drawn on and accepted by
banks organized under the laws of any
state or of the United States of
America which have a combined
capital and surplus and undivided pro-
fits and reserved of at least $5,000,000;
(vii) repurchase agreements fully
150
Regular Session, May 7, 1984
secured by obligations issued or
guaranteed by the United States of
America,. and (viii) certificates of
deposit or savings accounts issued by
banks organized under the laws of any
state or of the United States of
America, including the Holder, which
have a combined capital and surplus
and undivided profits and reserved of
at least $5,000,000; provided that any
such investment or deposit is not pro.
hibited by applicable law.
"Executive" means the Mayor of the
Issuer.
"Financial Institution" means any
life or casualty insurance company or
any state or federally chartered
mereial bank, savings and loan
association or mutual savings assoclo-
tion insured by either the Federal
Deposit Insurance Corporation or the
Federal Savings and Loan Insurance
Corporatio~
"Fiscal Officer" means the City
Treasurer.
"Holder" means the Original Pu~
chaser as the initial holder of the Pro-
ject Bond and the Mortgage and its
lawful successors, or, in the event of
transfer and assignment permitted by
the terms of the Project Bond, the
Financial Institution at the time
holding the Project Bond and the
Mortgage.
"Issuer" means the City of Dubu-
que,
"Legal Officer" means the City At-
torney of the Issuer.
"Legislative Authority" means the
City Council of the Issuer.
"Loan" means the loan by the Issuer
to the Company of the proceeds from
the sale of the Project Bond.
"Loan Payments" means the
amounts required to be paid by the
Company in repayment of the Loan
pursuant to the provisions of Section
41 of the Agreement
"Mortgage" means the Open-End
Mortgage and Security Agreement
dated as of May 1, 1984, executed and
delivered by the Company to the
Issuer and assigned by the Issuer to
the Holder, as the same may be amend-
ed from time fo time in accordance
with the applicable provisions thereof
"Original Purchaser" means The
First National Bank of Dubuque.
"Person" means a natural person,
firm, association, corporation or a
public body.
"Project" means (a) the real estate at
the time comprising the "project
Site", as defined in the Agreement and
(b) the real and personal property at the
time comprising the "Project
Facilities" as defined in the Agree.
ment together constituting a "project"
as defined in the Act
"Project Bond" means the In-
dustrial Development Revenue Bond
(First Judicial District Department of
Correctional Services Project)
authorized in Section 3 hereof
"Project Purpose" acquiring, con-
strutting and equipping a multipu~
pose building suitable for use as the
Dubuque Community Corrections
Facility and for such related opera-
tions, or as may otherwise be permit-
ted by the Agreement.
"Revenues" means (a) the Loan
Payments, (b) all other money received
by the Issuer, or the Holder for the ac-
count of the Issuer, in respect of repay.
ment of the Loan, (e) unexpended pro-
eeeds derived from the sale of the Pro-
feet Bond in the Construction Fund,
and (d) all income and profit from thc
investment of the Loan Payments and
such other moneys by or on behalf of
the Issuer. It is expressly understood
that the Company's sole source of
revenues from which payment under
this Agreement may be made may be
its annual appropriations as approved
by the Iowa Legislature and allocated
by the Department of Corrections.
"State" means the State of low~
Any reference herein to the Issuer or
to any member or officers thereof or to
the Legislative Authority, or to any
member or officers thereof, shall in-
elude those which succeed to their
functions, duties or responsibilities
pursuant to or by operation of low or
who are lowfully performing their func-
lions. Any reference to a section or pro-
vision of the Constitution of the State
or to a section, provision or chapter of
the Code of Iowa shall include such
section or provision or chapter as from
time to time amended, mbdified, reels-
ed, supplemented and superseded, pro-
vided that no such change in the Con-
stitution or laws shall be deemed ap-
Regular Session, May 7, 1984
151
plloable by reason of this provision i
such change in any way constitutes a~
impairment of the rights or obligation~
of the Issuer or the Company under
this Bond Legislation, the Agreemeng
the Assignmeng the Mortgage, or any
other document executed in connee~
tion' with any of the foregoing, in.
eluding, without limitation, any alters-
tion of the obligation to pay the Bond
service charges in the amount and
manner, at the times, and from the
~urees provided in the Bond Legislo-
tion, the Agreement and the Mortgage,
except as otherwise herein permitted,
Words of the masculine gender shall
he deemed and construed to include
correlative words of the feminine and
neuter genders.
Unless the context shall otherwise
indicate, words importing the singular
number shall include the plural
number, and vice versa, and the terms
"hereof", "hereby", "herein"
"hereto", "hereunder", and similor
terms mean this Bond Legislatiotr
Section 2. Determinations of
I~gislative Authority. It is hereby
determined that (d) the Project is a pro-
.jeer as defined in the Act and is consis.
' tent with the purposes of the Avg' (b)
the utilization of the Project is 'in fu~
therance of the purposes of the Act and
will benefit the people of the Issuer and
of the State maintaining and enhanc-
lng employment opportunities, pro-
riding and inducing other public
benefits flowing from conducting the
Project and improving the economic
welfare of the people of the Issuer and
of the State; and (c) the provision of
loan assistance in the financing of
costs of acquiring, constructing, equip-
ping, improving and installing the Pro-
jeeg including the financing thereof,
will require the issuance, sale and
delivery of the Project Bond in the
principal amount of $765,00g which
shall be payable and secured as provid-
ed herein and in the Agreement and
the Mortgage.
Section 3. Authorization and Terms
of Project Bond. It is hereby determin-
ed to be necessary to, and the Issuer
shal& issue, sall and deliver, as provid-
ed and authorized herein and pursuant
amount of $76~,000 for the purpose of
making a loan to assist the Company
in the financing of costs of acquiring,
constructing, ~quipping, improving
and installing the Project for the Pro-
ject Purpose. The Project Bond shall
be designated "Industrial Develop.
ment Revenue Bond (First Judicial
District Department of Correctional
Services Project) Series 1984".
The Project Bond shall be issued in
the single denomination of $766~000,
substantially in the fully registered
form attached hereto as Exhibit "A"
(which is incorporated herein by
reference and made a part hereof fully
as if set forth in full herein), and shall
be subject to prepaymeng as set forth
herein and in said Exhibit "A'~ at the
place set forth therei~
The Project Bond shall be dated as of
May 1, 1984, but shall bear interest
~om the dote of delivery to the
Original Purchaser (which date shall
appear on the face of the Project Bond),
at the rate of 75% of the prime rate ad.
justed on first day of each month from
the issuing month with a floor rate of
6% and a ceiling rate of 15% per an.
num (subject to adjustment as therein
provided), and shall be payable as to
principal and interest on the first day
of each month in the amounts and for
such period of time as set forth in said
Exhibit "A". Interest from the dote of
delivery to the first day of the next
calendar month following such
delivery shall be paid at the time of
closing to the Original Purchaser upon
the delivery of the Project Bond,
The Project Bond is also subject to
loss of tax exemption prepayment
upon a final determination thag as a
result of a failure by the Company to
observe its agreement contained in
Section 5. 7 of the Agreemeng interest
on the Project Bond is wholly or pa~
tially includable for federal income tax
purposes in the gross income of the
Holder (other than because a Holder is
a substant~aluser oftheProjectora
"reloted person" thereof, as those
terms are used in Section 103(b)(13) of
the Code). As used herein, a "final
determination" shall be deemed to
have occurred upon the receipt by the
Holder of a ruling or technical advice
by the Internal Revenue Service in
which the Company has participated
or a written opinion by an attorney or
firm of attorneys of recognized stan-
ding on the subject of municipal bonds
selected by the Holder and approved
by the Company, which approval
should not be unreasonably withheld
152
Regular Session, May 7, 1984
Following a final determination, the
Project Bond shall be redeemed by the
Issuer from the proceeds of the Corn,
pany paying advance Loan Payments
pursuant to Sections 4.1 and 6.3 of the
Agreement at a prepayment price
equal to 100% of the principal amount
of the Project Bond outstanding at the
time of prepaymeng plus accrued in~
terest to the redemption date and an
amount equal to any penalties or in-
retest paid by the HoMer resulting
from the failure to include interest on
the Project Bond in the gross income
of the Holder, at the earliest prac-
ticable date selected by the Holder,
after consultation with the Company.
The Project Bond shall be payable as
to principal and interest in lawful
money of the United States of
America, shall be a negotiable instru-
ment subject to the provisions therein
restricting transfer and shall express
on its face the purpose for which it is
issued and such other statements or
legends as may be required by law. The
Project Bond shall not be transferred
by any Holder to other than a Finan,
clal Institution and in accordance with
its terms and any purported transfer to
other than a Financial Institution shall
be void and of no effect.
Bond service charges on the Project
Bond shall be payable at the principal
office of the Holder.
The Project Bond shall be executed
on behalf of the Issuer by the manual
signature of its Mayor and attested by
the manual signature of its Cit~y Clerk
and shall bear the corporate seal of the
Issuer or a facsimile thereof
Section 4. Payment of and Security
for the Project Bond. The Project
Bond shall be (i) payable solely from
the Revenues and (ii) secured by an
assignment of and grant of a security
interest in the Revenues and an assign,
ment of the Agreement and the Mort-
gage fexcept the Unassigned Issuer's
Rights, as defined in the Agreement).
Anything in this Bond Legislation or
the project Bond to the contrary not-
withstanding, neither the Bond
Legislation, the Project Bond, nor the
Agreement shall constitute an in-
debtedness of the Issuer, within the
meaning of any State constitutional
provision or statutory limitation, and
pecuniary liability of the Issuer or a
charge against its general credit or tax-
ing powers, and the Project Bond shall
contain on the face thereof a clear
statement to that effect and that such
Bond is payable solely from the
Revenues; provided, that nothing
herein shall be deemed to prohibit the
Issuer, of its own volition, from using
to the extent lawfully authorized to do
so any other resources for the fulfill-
ment of any of the terms, conditons of
obligations of the Bond Legislation or
of the Project Bond. Nothing in this
Bond Legislation, the Agreemeng
Open-End Mortgage, Assignment or
Project Bond shall be construed to
evidence a debt of the lows Depart-
ment of corrections or the state o flows
or either of them as having in any form
or measure guaranteed, secured or
assumed responsibilities for the pay-
ment thereof
Section 5. Sale of Project Bond. The
Project Bond is hereby sold and award.
· 1 to the Original Purchaser in acco~
dance with its written offer therefor, at
a purchase price equal to the par value
thereof The Executive and the Fiscal
Officer of the the Legislative Authori-
ty are authorized and directed to make
the necesssary arrangements with the
Original Purchaser to establish the
date, location, procedure and eondl-
lions for the delivery of the Project
Bond to the Original Purchaser, and to
take all steps necessary to effect due
execution and delivery to the Original
Purchaser of the Project Bond under
the terms of this Bond Legislation to
the extent not provided for in said
written offer. It is hereby determined
that the price for and the terms of the
Project Bond, and sale thereof all as
provided in this Bond Legislation, are
in the best interest of the Issuer and in
compliance with all legal requirements.
Section 6. Allocation of Proceeds of
Project Bond-Construction Fund. The
~roeeeds from the sale of the Project
Bond shall be deposited and credited
to the Construction Fund.
There is hereby created by the Issuer
and ordered maintained as a separate
deposit account fexcept when invested
as hereinafter providedi in the custody
of the Holder a fund in the name of the
Issuer to be designated "City of
Dubuque-Industrial Development
Revenue Bond (First Judicial District
Department of Correctional Services
i ProjecO Construction Fund" (the
Regular Session, May 7, 1984
,'Construction Fund"). Moneys in the
Construction Fund may be invested as
provided in Section 9 hereof and shall
be held and disbursed in accordance
with the provisions of the Assignment
and the Agreemen~ The Holder is
authorized and directed to make any
such disbursements from the Con.
struction Fund in accordance with the
provisions of the Agreement and the
Assignment.
The moneys to the credit of the Con-
struction Fund shall, pending
disbursement as above set forth, be
subject to a lien and charge in favor of
the Holder.
Section 7. Source of Payment of Pro-
ject Bond. As provided in the Agre~
meng Loan Payments, sufficient in
time and amount to pay the Bond se~
vice charges as they come due, are to
be paid by the Company to the extent
the same are available from the Iowa
Legislature and the Department of
Corrections and other funds of the
Company, directly to the Holder for
the account of the Issuer.
The Issuer hereby covenants and
agrees thag until the entire principal of
and premium, if any, and interest on
the Project Bond shall have been paid,
fi) it will pay, or cause to be paid, to the
Holder, Revenues sufficient in time
and amount to pay the Bond service
charges as the same become due and
payable, (ii) it will diligently and pro-
mptiy proceed in good faith and use its
best efforts to enforce the Agreement,
and (iii) should there be an event of
default under the Agreemeng the
Issuer shall cooperate fully with the
Holder to protect fully the rights and
security of the Holder hereunder; pro.
vided that nothing herein shall be con-
strued as requiring the Issuer to use or
apply to the payment of Bond service
charges any funds or revenues from
any source other than Revenues.
Nothing in this Bond Legislation is in.
tended to prevent the company from
delivering moneys to the Holder pu~
suant to Sections 6.1 and 6,2 of the
Agreement to be used to prepay un-
paid prineipal installments on the Pro-
ject Bond in accordance with those
Sections and the applicable provisions
of the Project Bond, and the Holde~
shall promptly apply such moneys to
the prepayment of such installments in
accordance with the Company's in-
153
Section 8. Covenants of Issuer. In
addition to other covenants of the
Issuer in this Bond Legislation con-
tained, the Issuer further covenants
and agrees as follows:
(a) Payment of Bond Service
Charges. The Issuer wil~ solely from
the sources herein provided, pay or
cause to be paid the Bond service
charges on the Project Bond on the
dates, at the places and in the manner
provided herein and in the Project
Bond.
(b} Performance of Covenants,
Authority and Actions. The Issuer will
at all times faithfully observe and pe~
form all agreements, covenants, unde~
takings, stipulations and provisions
contained in the Agreement, the
Assignment, this Bond Legislation
and the Project Bond and all pro-
ceedings of its Legislative Authority
pertaining thereto, on its part to be
performed or observe~ The Issuer
covenants that it is, and upon delivery
of the Project Bond will be, duly
authorized by the Constitution and
laws of the state, including particula~
ly and without limitation the Acg to
issue the Project Bond, to execute the
Agreement and the Assignment and to
provide the security for payment of the
Bond service charges in the manner
and to the extent herein and in the Pro.
jeer Bond set forth; that all actions on
its part for the issuance of the Project
Bond and execution and delivery of the
Agreement and the Assignment have
been or will be duly and effectively
taken; and that the Project Bond in
the hands of the HoMer will be a valid
and enforceable special obligation of
the Issuer according to the terms
thereof
(c) Revenues. Except as otherwise
provided in this Bond Legislation, the
Agreement, the Assignment or the
Mortgage, the Issuer will not assign or
grant a security interest in the
Revenues or create or suffer to be
erected any debg lien or charge
thereon other than the assignment and
grant thereof under this Bond Legisla~
lion and the Assignment.
(d) Recordings and Filings. The
Issuer wil~ at the expense of the Com-
pany, cause the Agreement, the Mo~
tgage and the Assignmeng and any
amendments or supplements to any,
and all necessary financing
statements, amendments thereto, con-
154
RegularSession, MayT, 1984
tinuation statements and instruments
of similar character relating to the
assignment and grants made by it to
secure the project Bond, to be recorded
and filed in such manner and in such
places as may be required by law in
order to preserve and protect fully the
security of the Holder. Prior to the last
day of the month saceeeding the
month in which fails any anniversary
of the date of the Mortgage, the Issuer
will in the Mortgage and, at the re-
quest of the Holder and at the expense
of the Company, require the Company
to deliver to the Holder, an opinion of
Independent Counsel (as defined in the
Mortgage), who may be Counsel for the
Issuer or for the Company, addressed
~o the Holder specifying any filing,
registration or recording and re-filing,
re-registration or re.recording, of any
such instrument since the date of the
Assignment or the date of the most re-
eent opinion of Independent Counsel
pursuant to this Section 8(c0, or stating
that no such filing, registration, recor-
ding, re-filing, re-registration or re-
recording is necessary, or if necessary,
setting forth the requirements in
respect thereto. Promptly after any fib
lng, recording, re-filing or re.reeordlng
of any financing statement or amend.
ment thereto or continuation state.
ment or instrument of similar
eheracter relating to any of the pledges
made in the Bond Legislation, the
Mortgage or the Assignmen~ or any
filing, registration, recording, re.filing,
re.registration or re-recording of the
Agreement, the Mortgage or the
Assignmeng or any amendment or
supplement thereto, the Issuer will in
the Mortgage require the Company to
deliver, or cause to be delivered, to the
Holder an opinion of counseg who may
be counsel for the Issuer or for the
Company, to the effect that such filing,
registration, recording, re-filing, re-
registration or re-recording has been
duly accomplished and setting forth
the particulars thereof
(e) Inspection of Project Books. All
books and documents in the Issuer's
possession relating to the Project and
the Revenues shall at all times during
the Issuer's regular business hours be
open to inspection by such accoun-
tents or other agents of the Holder as
the Holder may from time to time
designate.
(f~ Rights under Agreement. The
Holder, in its name or in the name of
the Issuer, may enforce all rights of the
Issuer except for Unassigned Issuer's
Rights as defined in the Agreement
and all obligations of the Company
under and pursuant to the Agreemeng
whether or ~iot the Issuer is in default
of the pursuit or enforcement of suck
rights and obligations.
(g) E~forcement of Agreement. The
Issuer shall do all things and take all
actions on its part necessary to comply
with the obligations, duties and
responsibilities on its part under the
Agreemeng and will take all actions
within its authority to keep the Agree-
ment in effect in accordance with the
terms thereof and to enforce and pro-
tact the rights of the Issuer
thereunder, including actions at law
and in equity, as may be appropriate.
(h) Arbitrage Provisions. The Issuer
will restrict the use of the proceeds of
the Project Bond in such manner and
to such exteng if any, as may be
necessary, after taking into account
reasonable expectations at the time of
the delivery of and payment for such
Project Bond, so that the Project Bond
will not constitute arbitrage bonds
under Section 103(c) of the Code and
the applicable regulations under that
Sectio~ The Fiscal Officer or any other
office having responsibility for issuing
the Project Bond is authorized and
directed, alone or in conjunstion with
any of the foregoing or with any other
officer, employee, consultant or agent
of the Issuer, or with the Company or
any employee, consultant or agent of
the Company, to give an appropriate
certificate of the Issuer, for inclusion
in the transcript of praceedings for the
Project Bond, setting forth the
reasonable expectations of the Issuer
regarding the amount and use of the
proceeds of the Project Bond and facts,
estimates and circumstances on which
they are based, such eertificute to be
~remised on the reasonable expecta~
tions and the facts, estimates and
cumstances on which they are based as
provided by the Company, all as of the
date of delivery of and payment for
such Project Bond. The Fiscal Officer,
or other appropriate officer of the
Issuer, shall furnish to the Holder a
true transcript of proceedings, ce~
tiffed by said Fiscal Officer or officer,
of all proceedings had with reference to
the issuance of the Project Bond along
with such information from the records
as is necessary to determine
Regular Session, May 7, 1984
155
the regularity and validity of the is-
snaace of said Project Bond.
Section 9. Investment and Records
of Construction Fund. Moneys in the
Construction Fund shall be invested
and reinvested by the Holder in any
Eligible Investments at the oral or
written request of the Authorized
Company Representative in aeco~
dance with Section 8.7 of the Agre~
ment. Subject to any such written re-
quest with respect thereto, the Holder
may from time to time sell such in,
vestments and reinvest the proceeds
therefrom in Eligible Investment
maturing or redeemable as aforesaid.
Any such investments may be pu~
chased from the Holder. An invest.
ment made from money credited to the
Construction Fund shall constitute
part of that Fund and such Fund shall
be credited with all proceeds of sale
and income from such investment. For
purposes of this Bond Legislation,
such investments shell be valued at
face amount or market value,
whichever is less.
Section 10. Agreement and Assign-
ment. In order to secure the payment
of the Bond service charges as the
same shall become due and payable,
the Executive and the Fiscal Officer
are hereby authorized and directed (i)
to execute, acknowledge and deliver, in
the name and on behalf of the Issuer,
the Agreement and the Assignmeng in
substantially the forms submitted to
this Legislative Authority, which in-
struments are hereby approved, with
such changes therein not inconsistent
with this Bond Legislation and not
substantially adverse to the Issuer as
may be permitted by the Act and ap-
proved by the officers executing the
same on behalf of the Issuer and (ii) to
execute such other certificates, finaac-
lng statements and other instruments
as n~y be necessary or desirable in
order to consummate the transactions
contemplated by this Bond Legisla~
timr The approval of such changes by
said officers, and that such are not
substantially adverse to the Issuer,
shall be conclusively evidenced by the
execution of such instruments.
Section 11. Other Documents. The
Executive and the Fiscal Officer, as ap-
propriate, are hereby further authoriz-
ed and directed to execute such
tifieations, financing statements,
assignments and instruments as are in
the opinion of the Bond Counsel
necessary or appropriate to perfect the
assignments and grants set forth
herein and in the Assignment and to
consummate the transactions provid-
ed for in the Agreement and the
Assignment.
Section 12. Delivery of the Project
Bond. Before the Project Bond is
delivered there shall be delivered to the
Holder:
(cO A copy, duly certified by the
Fiscal Officer of this Bond Legisla~
lion; and
lb) An original executed counte~
part of the Agreement, the Mortgage
and the Assignmeng'
(c] Written title evidence that the
company has a good and marketable
title in fee simple to the Project Site
as defined in the Agreement and that
the Holder has a valid firs t mortgage
on the Project Site subject only to fi]
taxes and assessments not delin-
queng (ii) liens and encumbrances
permitted by the terms and provi-
sions of the Mortgage, and (iii) the
Mortgage.
Section 13. Payment and Discharge.
If the Issuer shall pay or cause to be
paid and discharged the Project Bond,
the covenants, agreements and other
obligations of the Issuer hereunder
and in the Project Bond, the Agree-
meng the Mortgage and the Assign.
ment shall be discharged and satisfied,
except for the obligation to make any
payment required under loss of tax ex-
eruption redemption provisions in Sec-
lion 3 hereof
Section 14. Compliance with Open
Meeting Requirements. It is hereby
found and determined that all formal
actions of this Legislative Authority
concerning and relating to the ndop.
tion of this Bond Legislation were
adopted in an open meeting of this
Legislative Authority, and that all
deliberations of this Legislative
Authority and of any of its committees
that resulted in such formal actions,
were in meetings open to the public, in
compliance with all legal requirements,
including Chapter 2SA of the Code of
Section 15. Payments Due on Sun-
days and Holidays. In any case where
the date of maturi~y of or due date of
interest on or principal of the Project
156
Bond shall be a Sunday or a day on
which the Holder is required, or
authorired or not prohibited, by law
(including executive orders) to close
and is closed, then payment of such in-
terest or prineipal need not be made on
such date but may be made on the next
suceeading business day on which the
Holder is open for business with the
same force and effect as if made on the
date of maturity or such due date and
no interest shall accrue for the period
after such date.
Section 16. Effective Date. This
Bond Legislation shall take effect and
be in force immediately upon its ndop-
Passed and approved this 7th day of
May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council member Klueaner moved
adoption of the Resolution. Seconded
by Council Member Banrskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfuldt, Manning.
Nays--None.
Conununication of City Manager
submitting Resolution authorizing
Mayor to execute Grant Amendment
with UMTA for 80% funding of a
sandblasting hood, air compressor,
platform ladder, two filing cabinets
and office chair, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klueaner, Kronfoldt, Manning,
Nays--None.
RESOLUTION NO. 119-84
Hesolution authorizing the filing of an
amendment to Section 5 Application
{IA-05-0037) with the Department of
Transportation, United States of
America, for a grant under the Urban
Mass Transportation Act of
Regular Sessi°n, May 7, 1984
tHas amended.
EREAS, the Secretary of
sportation is authorized to make
s for mass transportation pro-
WHEREAS, the contract for finan.
:izl 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
o~cord with the provisions of Title VI
of the Civil Rights Act of 1964, that in
connection with the filing of an amend-
ment to an application 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 goal of the ap-
)licant that minority business enter-
prise be utilized to the fullest extent
)easible in connection with these pro-
sets, and that definitive procedures
shah 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
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor of the City
of Dubuque is authorized to execute
and file an amendment to an applies-
ion on behalf of the City of Dubuque
with the ~S. Department of Transpo~
tation, to aid in financing the purchase
ora sandblasting hood, air compressor,
)latform ladder, two filing cabinets
and office chair pursuant to Section 5
of the Urban Mass Transportation Act
of 1964, as amended.
Section 2. That the Mayor of the City
of Dubuque is authorized to execute
and file with such amendments to ap-
document required by th~ U.S. Depart~
ment of Transportation effectuating
Regular Session, May 7, 1984
157
the purposes of Title V1 of the Civil
Rights Act of 1964.
Section 3. That William Kohler,
Transit Manager, is authorized to fu~
nish such additional information as
the U.S. Department of Transportation
may require in connection with the ap-
plieation amendments 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
g~ant contract agreements and amend-
ments to said agreements on behalf of
the City of Dubuque with the U.S.
Department of Transportation for aid
in the financing of capital assistance
projects.
Passed, approved and adopted this
7th day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of tho Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueaner, Krunfeldt, Manning.
Nays--None.
Conununication of City Manager ap-
proving request from Best Beers Cor-
poration to construct a concrete entry
ramp on the public right-of-way at
2459 Kerper Blvd., presented and
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beucakens, Deich, Hamme],
Klusaner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 16-84
An ORDINANCE Authorizing Best
Beers Corporation to construct a con-
crete Entry Ramp, presented and
read.
Council Member Kluesner moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Manning. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Member Kluesner moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 16-84
AN ORDINANCE AUTHORIZING
BEST BEERS CORPORATION TO
CONSTRUCT A CONCRETE ENTRY
RA~AP.
NOW THEREFORE, BE tT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That Best Beers Corpora-
tion as owners o! the erernlses known
158
Regular Session, May 7, 1984
uoon the City al Dubuc~ue for damages
of onv kind resulting from the lace-
lion, installation, existence, con-
struction or maintenance of said
concrete entry ramp sustained by any
oerson or oersons, caused by occident
or otherwise to defend al its OWn
expense and on behalf of said City anv
claim against the Citv of Dubuc~ue
arising out o1 the location, Installa-
tion, existence, construction or main-
tenance of concrete entry ramp and to
pay reasonable attorney tees there-
tore; and
c) IndemnJfv and hold lhe Citv of
Dubuaue tree and harmless from any
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 16-84
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No. 16-84
hereby, for themselves, their succes-
sors or assigns, os owners of the
abutting propertv, accepl the same
and agree fo be bound bv the condi-
tions and agreements therein con-
tained to be performed bv
~ermittees.
Dated: April 16, 1984
BEST BEERS CORPORATION
BY: John J. Egan
Vice President
Published offlciallv in the Tele-
Council Member Kluesner moved
final adoption of the Ordinance.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager re-
questing execution of two Project
Agreements with the Iowa D.O.T.
relating to the construction of the
North West Arterial, presented and
read.
Council Member Beurskens 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, Deich, Hammel,
Kluesner, Kronfoldt, Manning.
Nays--None.
RESOLUTION NO. 120-84
Resolution authorizing execution of an
agreement between the City of Dubu-
qua, Iowa and the Iowa Department of
Transportation relative to the Right-
of-way Acquisition for the Northwest
Arterial from Pennsylvania Avenue to
Asbury Road
WHEREAS, the City of Dubuque
will be purchasing right-of-way for the
Northwest Arterial between pannsyl-
vania Avenue and Asbury Road; and
Regular Session, May 7, 1984
WHEREAS, said right-of-way ac-
quisition is eligible for Federal Aid to
Urban Systems funding.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the attached agree-
merit #84-F-050 with the Iowa Depart.
ment of Transportatior~ two copies of
which are attached, be approved and
that the Mayor and City Clerk be and
they are hereby authorized and
directed to execute the agreement for
and on behalf of the City Council.
Passed, approved and adopted this
7th day of May, 1984.
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-
bars Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--No~e.
RESOLUTION NO. 121-84
Resolution authorizing execution of an
agreement between the City of Dubu-
que, Iowa and the Iowa Department of
Transportation relative to the con-
struction of the Northwest Arterial
from Pennsylvania Avenue to Asbury
Road
WHEREAS, the City of Dubuque,
Iowa will be grading and paving the
Northwest Arterial between Penn-
sylvania Avenue and Asbury Road in
Fiscal Year 1984 and 1985; and
WHEREAS, said construction cost
is eligible for Federal Aid to Urban
Systems funding.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the attached agree-
ment no. 84-F.049 with the Iowa
Department of Transportation, two
copies of which are attachec~ be ap-
proved and that the Mayor and City
159
Clerk be and they are hereby authoriz-
ed and directed to execute the agree-
meat for and on behalf of the City
Council.
Passed, approved and adopted this
7th day of May, 1984.
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,
Klueener, Kronfoldt, Manning.
Nays--None.
Communication of City Manager rs-
questing affirmation of suspension of
a Water Division employee for two
days (16 working hours) presented and
mad.
Council Member Hammel moved
that the communication be received
and filed and suspension affirmed.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
FAuesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
concerning Loan Agreement with
Residential Care Foundation and the
State of Iowa, presented and read.
Council Member Klueener moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfoldt, Manning.
Nays--None.
RESOLUTION NO. 122-84
A resolution authorizing acceptance
and execution of an amendment to an
agreement by and between the City of
Dubuque, Iowa and Area Residential
Care Foundation dated as of April 2,
1984
160
Regular Session, May 7, 1984
WHEREAS, the City of Dubuque,
Iowa (hereinafter referred to as
"City") and Area Residential Care
Foundation (hereinafter referred to as
"Foundation") have entered into a
Loan Agreement dated April 2, 1984;
and
WHEREAS, said Loan Agreement
is subject to the requirements of the
State of Iowa Community Develop-
merit Loan Program; and
WHEREAS, the State of Iowa Of-
fice for Planning and Programming
has required that the terms of the
Loan Agreement between the City and
the Foundation be amended to provide
that loan repayments shall commence
May 15, 1989 in lieu of November 1,
1989 as provided in Section 2.4 of said
Loan Agreement and as provided in
the Schedule for Loan Payments con-
rained within the Promissory Note;
and
WHEREAS, the City and Founda-
tion agree to the required changes in
order that the requirements of the
State of Iowa Community Develop-
ment Loan Program ere met and that
the loan between the City and Founds-
tlon may be made.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Amendment to
an Agreement by and between the City
of Dubuque, Iowa and Area Residen-
rial Care Foundation dated as of April
2~ 1984, which amendment provides
that the loan repayments shall com-
mence May 15, 1989 in lieu of
November 1, 1989 as provided in Sec-
tion 2.4 of said Loan Agreement and as
provided in the Schedule for Loan
Payments contained within the Pra-
missory Note, is hereby accepted.
Section 2. That the Mayor and City
Cierh be and they are hereby authoriz-
ed and directed to endorse the Accep.
tance of the City of Dubuqu~ Iowa
upon the said Amendment to Loan
Agreement.
Passed, approved and adopted this
7th day of May, 1984.
James E, Brady
Mayor ~
ATTEST:
Mary A. Davis
City Clerk
Council Member Kloesner moved
adoption of the Resolution, Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bsurskons, Deich, Hammsl,
Klueener, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 128-84
A Resoiution Authorizing Accoptanee
and Execution of a Promissory Note
and an Agreement Between the State
of Iowa Office for Planning and Pro.
grammin~ and the City of Dubuque
Providing for the Loan of $250,000 to
the City of Dubuque Under the Iowa
Community Development Loan Pro-
WHEREAS, on November 7, 1983,
the City of Dubuque, Iowa (City) ap.
)lied for a loan from the Iowa Comuni-
ty Development Loan Program to
assist Area Residential Care Founda-
tion (ARC~ in the purchase and renova-
tion of property for the purpose of
creating permanent employment OP-
pertunitiee in the community; and
WHEREAS, on December 9. 1983,
the Office for Planning and Program-
ming of the State of Iowa (OPP) advis-
ed the City of tentative approval of the
requested loan; and
WHEREAS, the City and ARC
subsequently entered in an Agr~ment
for the loan of $250,000 from the City
to ARC subject to the requirements of
the Iowa Community Development
Loan Program; and
WHEREAS, OPP has now
presented for City review and exocu-
tion an Iowa Community Develop-
ment Loan Agreement and Pro-
missory Note which are hereto attach-
ed and by this reference made a part
hereof; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that the terms and conditions eetforth
Regular Session, May 7, 1984
161
in said Loan Agreement and Pro-
missury Note are acceptable.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Seetion 1. That the Iowa Community
Development Loan Agreement and
Promissory Note between the City of
Dubuque and the State of lows Office
for Planning and Programming hereto
attached, providing for the loan of
$~.50,000 to th~ City of Dubuque, Iowa
is hereby occepted.
Seetion 2. That th~ Mayor and City
Clerk be and they am hereby authoriz-
ed and directed to endorse the accep-
tance of tbs City of Dubuqu6 lows
upon said Loan Agreement and Pro-
missury Note.
Section 3. That th~ City Manager be
and he is hereby authorited and
directed to administer funds in occo~
dance with said Loan Agreemen~
Passed, approved and adopted this
7th day of May, 1984.
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-
bars Beurskens, Deich, Hummel,
Klueeoer, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 124-84
"Reaalution authorizing the issuance
and ~le of an Industrial Development
Revenue Bond (Area Residential Care
Project) of the City of Dubuque, Iowa,
in the principal amount of $425,000;
the execution of a Lender Loan Agree-
ment v~th Dubuque Bank and Trust
Company providing the terms and sale
of such bond; the execution and
delivery of a Loan Agreement with
Area Residential Care Foundation pro-
riding for the repayment of the loan of
the proceeds of such bond, and related
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1983,
as amended (the "Act") to issue
revenue bonds for the purpose of
financing the cost of acquiring, by con-
struction or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or assembl-
ing of any agricnitural or manufac~
tured products or of any commercial
enterprise engaged in storing,
warehousin~ or distributing products
of agriculture, mining or industry, or
of a national, regional or divisional
headquarters facility of a company
that does multistate business; and
WHEREAS, the Issuer has made
the necessary arrangements with Area
Residential Care Foundation (the
"Company"), an Iowa not for profit
corporation, for the acquisition by con-
struction or purchase of land, a
building and improvements suitable
for use as a workshop facility for
developmentally disabled individuals
engaged in the assembly of manufac-
tured parts, industrial servicing, light
machining, weed container construc-
tion and packaging (the "Project"),
located at 2455 Kerper Boulevard
within the corporate boundaries of the
Issuer; and
WHEREAS, it is necessary and ad-
vleable that provisions be made for the
issuance of an Industrial Development
Revenue Bond, Series 1984 (Area
Residential Care Project) of the Issuer
in the principal amount of $425,000
(the "Bond") as authorized and per-
mitted by the Act to finance the cost
of the Project to that amount; and
WHEREAS, the Issuer will loan the
proceeds of the Bond to the Company
pursuant to the provisions of a Loan
Agreement dated as of May 1, 1984
(the "Agreement") between the Issuer
and the Company, the obligation of
which will be sufficient to pay the prin-
cipal of, premium, if any, and interest
on the Bond as and when the same
shall be due and payable; and
WHEREAS, the Bond will be sold
pursuant to and secured as provided)
162
Regular Session, May 7, 1984
by e Lender Loen Agreement to be
dated as of May 1, 1984 Ithe "Lender
Loan Agreement"l by and between the
Issuer and Dubuque Bank end Trust
Company Ithe "Lender"~; and
WHEREAS, the rights of the Issuer
in and to the Agreement are assigned
to the Lender under the Lender Loan
Agreement; and
WHEREAS, notice of intention to
issue the Bond has been published and
this Council has conducted a public
hearing pursuant to such published
notice, all as required by the Act and
Section 1031k) of the Internal Revenue
Code, and has determined that it is
necessary and advisable to proceed
with the financing of the Project; and
WHEREAS, the Issuer has arrang-
ed for the sale of the Bond to the
Lender;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer as follows:
Section 1. Authorization of the
Bond. In order to finance the cost of
the Project the Bond shall be and the
same is hereby authorizee~ determined
and ordered to be issued in the prim
cipal amount of $425,000. The Bond
shall be issued in fully registered form,
numbered R-l, and shall be dated as of
the date of issuance and delivery
thereof and shall be executed, shall be
in such form, shall be payable, shall
have such prepayment provisions,
shall bear interest at such rotes, and
shall be subject to such other terms
and conditions as are set forth therein
and in the Lender Loan Agreement
and Agreement The Bond and the
ter~st thereon do not and shah never
constitute an indebtedness of or a
charge against the general credit or
tsxing power of the Issuen but are
limited obligations of the Issuer
payable solely from revenues and other
amounts derived from the Agreement
and the Project and shah be secured by
an assignment of the Agreement and
the revenues derived therefrom. Forms
of the Lender Loan Agreement the
Bond and the Agreement are before
this meeting and are by this reference
incorporated in this Bond Resolution,
and the City Clerk is hereby directed to
insert them into the minutes of the
City Council and to keep them on file.
Section 2. Lender Lo~n Agreement;
Sale of the Bond. In order to provide
f)r the sale of the Bond to the Lender
and the conditions with respect to the
delivery thereof, the Mayor and City
Clerk shall execute, acknowledge and
deliver in the name and on behalf of the
Issuer, the Lender Loan Agreement in
substantially the form submitted to
the City Councig which is hereby ap.
proved in all respects. The sale of the
Bond to the Lender is hereby approved
and the Mayor and City Clerk of the
Issuer are hereby authorized and
directed to deliver the Bond to the
Lender. Deposit by the Lender to the
credit of the Issuer of the purchase
price, namely $42~000, in immediately
available funds at the office of the
Lender shall constituto payment in full
for the Bond pursuant to Section 1.02
of the Lender Loan Agreement The
Lender shall be authorized as the
Issuer's depository and agent to im.
mediately deposit such purchase price
in the Project Fund established by Sec-
lion 1.03 of the Lender Loan Agree.
ment to effect the making of the loan of
the proceeds of sale of the Bond to the
Company pursuant to Section 1.02 of
the Lender Loan Agreement.
Section 3. Repayment of Lean. The
Agreement requires the Company in
eech year to pay amounts as loan
payments sufficient to pay the prin-
cipal of, premium, if any, and interest
on the Bond when and as due and the
payment of such amounts by the Com-
pany to the Lender pursuant to the
Agreement is hereby authorized,
proved and confirme~L
Section 4. Loan Agreement. In order
to provide for the loan of the proceeds
of the Bond to acquire and improve the
Project and the payment by the Com-
pany of an amount sufficient to pay
the principal of and premium, if any,
and interest on the Bond, the Mayor
and City Clerk shall execute,
acknowledge and deliver in the name
and on behalf of the Issuer the Agree-
ment in substantially the form submit-
ted to the City Counci~ which is
hereby approved in all respects.
Section 5. Miscellaneous. The Mayor
and/or the City Clerk are hereby
authorized and directed to execute, at-
test seal and deliver any and ali
documents and do any and ali things
deemed necessary to effect the
Regular Session, May 7, 1984
163
issuance and sale of the Bond and the
execution and delivery of the Agree-
ment and the Lender Loan Agreement
and to carry out the intent and
poses of this resolution, including the
preamble hereto.
Section 6. Severahility. The pmvi.
sions of this resolution are hereby
declared to be separable and if any sec-
lion, phrase or provisions shall for any
reason be declared to be invalid, such
declaration shall not affect the validity
of the remainder of the sections,
phrases and provisions.
Section 7. Repealer. All resolutions
and parts thereof in conflict herewith
are hereby repealed to the extent of
such conflict
Section 8. Effective Date. This
resolution .shall become effective ira.
mediately upon adoption.
Passed and approved this 7th day of
May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Cierk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Dcich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Verbal petition of Council Member
Deich requesting an Ordinance be
prepared regarding dangerous and ex-
otic pets.
Discussion ensued.
Phll Smith, 2524 Queen St. stated
that a snake is more well-behaved than
some dogs and cats.
Council Member Deich moved that
the Corporation Counsel draw up legal
verb/age so citizens of the community
are not subjected to undue harass-
ment with snakes and/or any other
animals and provide that such are not
allowed to enter where asked to refrain
from entering. Seconded by Council
Member Kronfcidt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dcich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
TRANSFER REQUESTED: David
Wetter & Joseph McGinnis d/bls The
Brewing Co. Liquor License from 951
Main St. to Town Clock Plaza at 7th
St. for May 18, 19, and 20th; TFM Co.
d/bls Iowa Kettle Deli Beer & Wine
Permit from 1220 Iowa St. to
Washington Park, 7th St. side during
Dubuquefeet, presented and read.
Council Member Beurskens moved
that the transfers be approved.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 125-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
James Webb
Jim's Web
2093 Washington St.
Passed, approved and adopted this
7th day of May, 1984.
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.
RESOLUTION NO. 125-84
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
164
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-
plicunts a Beer Permit.
CLASS "B" BEER PERMIT
Terry J. Boleyn
Veteran's Memorial Park
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Palmer Drug Company
2600 Dodge St.
IAlso Sunday Saleal
Walgreen Co.
555 J. F. Kennedy Rd.
(Also Sunday Salesl
Earl Tegeler
620 S. Grandview Ave.
{Also Sunday Sales)
Passed, approved and adopted this
7th day of May, 1984.
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 Benrskens, Deleh, Hammel,
Klueener, Kronfeldt, Manning.
Nays--Nnae.
RESOLUTION NO. 1274~4
WHEREAS, Applications for Li-
quor 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 re-
spected and found to comply with tbe
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
Regular Session, May 7, 1984
SOLV-~ED, By the City Council of th~
City of Dubuque, I6~va, that the
M~nnger be authorized to cause to he
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
David J. Wetter & Joseph McGinnls
951 Main St.
(Sunday Sales Only)
Judith M. Sendldge
1501 REomberg Ave.
(Sunday Sales Only)
Maylo J. Turner
2417 Rhomberg Ave.
(Also Sunday Sales)
D.B.Q. Inc.
4th & Locust St.
(Also Sunday Sales)
Raymond F. Kaecbauer
431 Bhomberg Ave.
IAlso Sunday Sales)
James J. Webb
2093 Washington St.
(Also Sunday Sales)
Gary Lee Frensen
11~0 Lincoln Ave.
Passed, approved and adopted this
7th day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by C~uncil Member Eronfeldt. Carried
by the foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None,
MINUTES SUBMITTED: Airport
Comm. of 4-2; Commuhity Develop-
ment Comm. of 4-10; Five Flags
Comm. of 4-16; Historic Preservation
Comm. of 3-13 & 4-10; Housing Code
Appeals Bd. of 4-11; Housing Comm.
of 4-17; Hunmn Rights Comm. of ~9;
Park & Recreation Comm. of 4-5; Tcan-
sit Bd.'s Statement and Stats for
March, 1984; P & Z Comm. Of 3-21 &
4-4; Zoning Bd. of Adjustment of 3-22;
Cable Community Teleprngcamming
Comm. of 4-10, presented and read.
Council Member Deich moved that
Regular Session, May 7, 1964
165
the minutes be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Benrskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
NOTICES OF CLAIMS AND SUITS:
Bird Chevrolet Co. et al 112 signers)
submitting an injunction regarding
construction of J.F.K. Rd.; Cot-
tfugham and Butler, Inc, on behalf of
their client, R. H. Wahiert, in amt. of
$305.99 for car damages; Dubuque
Bank and Trust Co, vs. Gerald J.
Udalhofen and City's Housing
Rehabilitation Program advising of
levy to be placed upon certain proper-
ty; Inland Molasses Co. vs. City r~
questing a temporary injunction
restraining the City and its Building
Dept. from interfering with making of
repairs and replacements at their
plant; John L. McCunn in unknown
amt. for personal injuries; Bernadette
Martin in unknown amt. for personal
property damages, presented and
read.
Council Member Deich moved that
the claims and suits be referred to the
Legal Staff for investigation and
report. Seconded by Council Member
Kluesnar. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Elueener, Kronfeldt, Manning.
Nays--None.
Communications of Corporation
Counsel recommending denials of
following claims; Jill Honkamp for prc-
petty damage; Marguerite Roberts for
personal injury; Jalmo and Ann
Schultz for property damages,
presented and read.
Council Member Dgleh moved that
the communications be received and
filed and denials approved. Seconded
by Council Member Klueener. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klucener, Kronfeldt, Manning.
Nays--None.
REFUNDS REQUESTED: Robert R.
& Pat C. Gross, $422.50 on unexpired
Liquor Licenses, presented and read.
Council Member Deich moved that
the refund be approved and Finance
Director to issue proper check.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deleh, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
Petition of Wayne A. Moldenhauer
requesting changes to traffic flow in
the downtown area, presented and
read.
Council Member Deleh moved that
the petition be referred to the City
Mgr. Seconded by Council Member
Klueener. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deleh, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
April 16, 1984
Honorable Mayor and
Members of the City Council
In accordance with the Rules and
Regulations established for promc-
tional within the Fire Department, the
Civil Service Cornmision does hereby
certify the following to he qualified for
the position of Ambulance Driver/At-
tendant.
John Anthony HutcheroR
Any vacancy for this position must be
made from the above list,
Respectively submitted,
Gerald Koppes
Chairperson
Dolores A. Reihle
John E. Hess
Civil Service Commission
166
Regular Session, May 7, 1984
ATTEST:
Mary A. Davis
Secretary
Council Member Deich moved that
this be made s matter of recor&
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Housing and Ur-
ban Development advising Grantee
Performance Report has been com-
pleted and Statement complies with
applicable regulations, presented and
read.
Council Member Deich moved that
the communication be received and fil-
ed. 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 Peoples Natural
Gas Company submitting their 1983
Annual Report, presented and read.
Council Member Deicb moved that
the communication and report be
received and filed. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
City Manager submitting Communi-
ty Development Annnal~Audit Report
For calendar year 1983, presented and
read.
Council Member Deich moved that
the report be received and filed.
Seconded by Council Member
{luesnar. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskena, Deich, Hummel,
Klnasner, Kronfeldt, Manning.
Nays--None.
Communication of Clarence Duffy
submitting his resignation from tho
Dubuque Human Rights Department
immediately, presented and read.
Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member
Klnasner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Certificate from Insurance Depart-
ment of Iowa stating Merchants Bon-
ding Co. {Mutual) is authorized to tran-
sact business in the State of Iowa,
presented and read.
Council Member Deich moved that
the certificate be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
votol
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
CANVASSED APRIL 30, 1984
State of Iowa)
ss
Dubuque County)
We, the undersigned members of the Board of Supervisors, acting as a Board
of Canvassers for the County of Dubuque, do hereby certify that on Aprd 2 ,
1984, a Special Election was held on the following Public Measure, and the
following is a correct abstract of votes cast.
(A) SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED?
Regular Session, May 7, 1984
167
"Shnll the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the
amount of $6,500,00 for the purpose of constructing and equipping recreational
facilities consisting of a dog racing track complex in the City?"
PRECINCT YES NO TOTAL
let 467 175 642
2nd 556 205 761
3rd 368 185 553
4th 314 130 444
5th 390 172 562
6th 378 165 543
7th 248 117 365
8th 369 176 545
9th 251 143 394
10th 728 284 1012
11th 567 257 824
12th 477 219 696
13th 516 188 704
14th 645 282 927
15th 542 250 792
16th 501 248 749
17th 634 220 854
18th 508 181 689
19th 655 323 978
20th 579 214 793
21st 560 234 794
22nd 560 213 773
23rd 483 138 621
24th 475 155 630
Absentee 188 48 236
TOTAL 11,959 4,922 16,881
We, the undersigned members of the Board of Supervisors of Dubuque Coun-
ty, Iowa, and ex officio Board of Canvassers for said County, do hereby certify
that the proposition is declared passed.
Dates this 30th day of April, 1984.
Donna L. Smith
Donna Smith -- Chairperson
Llo dC. Ha es
Lloyd C. Hayes -- Member
Wilfred Bald
Wilfred Bald -- Member
ATTEST:
Terrenco J. Hirsch
Terrnace J. Hirsch -- County Auditor
and Commissioner of Elections
168
Regular Session, May 7,
Council Member Deich moved that
the above be received and filed and
made a matter of record. Seconded by
Council Member Khiesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of United Labor
Patricipation Commission urging the
Council to use Dubuque Labor and
Dubuque firms whenever and
wherever possible in the construction
of the race track facilities, presented
and read. Council Member Deich
moved that the conununlcatlon be
received and filed and referred to
Council, Seconded by Council Member
Klueener. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Kluesner, Kronfeidt, Manning.
Nays--None.
Communication of City Manager
responding to a request from the City
of Asbury regarding destination
signnge, presented and read.
Council Member Deich moved that
the communication be received and fil-
ed and approved the Mgr.'s recommen-
dations. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
There being no further business
Council Member Hammei moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Mary A. Davis
City Clerk
Approved_ __1984
Adopted __1984
Mayor
Council Members
ATTEST:
City Clerk
Special Session, May 14, 1984
169
CITY COUNCIL
OFFICIAL
Special Session, May 14, 1984.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning, City
Manager W. Ken0eth Gearhart, Cor-
poratlon Counsel William G. Blum,
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to consider a request
from Olde German Bank to transfer
their Liquor License from 342 Main St.
to Town Clock Plaza for DubuqueFest
Days and acting upon such other
business which may properly come
before the Council.
Petition of Tammy Edens and
Pamela Knnnrek dib/a Olde Gernmn
Bank requesting to transfer their Li-
quor License from 342 Main St. to
Town Clock Plaza (next to clock) on
May 19th and 20th, presented and
read.
Council Member Kronfeldt moved
that the transfer be approved. Second-
ed by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kron[eidt, Manning.
Nays--None.
City Manager requesting discussion
regarding Saturday enforcement of
parking meters for DubuqueFeet,
RiverFest and Winter Wonderland
Days.
Council Member Kronfeidt moved
that there would be no meter enforce-
meat on May 20, 1994 and City
Manager to come back with recom-
mendatinn regarding free parking at
the ramps on those days and City Mgr.
be given discretion as to when to en-
force parking meters. Seconded by
Council Member Beurksens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Kronfeldt,
Manning.
Nays--Council Members Hammei,
Klueener.
RESOLUTION NO. 128-84
Resolution of a Proposal to Dispose of
City's Interest in Lot 2 of Subdivision
of Sears-Roebuck & Co., Subdivision
Number 2 in the City of Dubuque,
Iowa
WHEREAS, a Quit Claim Deed
dated April 17, 1967 was executed by
the City of Dubuque and delivered to
Frommelt Buildlng Corporation
relative to Lot 2 of Subdivision of
Sears-Roebuck & Co., Subdivision
Number 2 in the City of Dubuque,
Iowa; and
WHEREAS, such Quit Claim Deed
made reference to Resolution No.
82-67, a copy of which was attached to
the Deed and made in part thereof; and
WHEREAS, Resolution 82-67 pass-
ed, adopted, and approved by the City
Council on the 17th of April, 1967 in-
corporates certain provisions under
which the property was conveyed to
Frommelt Building Corporation, and
more specifically under Section 2,
paragraph f, references certain rights
retained by the City to have buildings
removed from the property should it
be required for highway purposes at
some future date; and
WHEREAS, the Froramelt Building
Corporation is currently in the process
of selling this property to Dubuque In-
future, Inc.; and
WHEREAS, it is the desire of the
Dubuque Frommelt Building Corpora-
tlon and Dubuque In Future, Inc. to
clarify the title prior to the transfer of
the property to Dubuque In Future,
Inc.; and
WHEREAS, it is the desire of the
City to retain any existing utility
easements on and across the property.
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA.
Section 1. That the City of Dubuque,
Iowa proposes to dispose o fits interest
in Lot 2 of Subdivision of Sears-
Roebuck & Co. Subdivision No. 2 in
the City of Dubuque, Iowa with the ex-
ception of existing utility easements
now held by the City of Dubuque,
lowva (See Exhibit A).
170
Special Session, May 14,1984
Section 2. That the City of Dubuque,
lowa proposes to dispose o fits interest
in the consideration of payment of
$~50.60 in addition to the cost of
publication and recording fees.
Section 3. That the City Clerk be and
is hereby authorized and directed to
~use a notice to be published as
prescribed under Section
364.7-Disposal of property-Code of
lowc~ 1983.
Passed, approved and adopted tins
14th day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klueener moved
adoption of the Resolution, setting
Public Hearing for May 21, 1984 at
7:30 p.m. in the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescrib-
ed by law. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klucener, Kronfeldt, Manning.
Nays--None.
There being no further business
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammal
Kluesner, Kronfeldt, Manning.
Nays--None.
Mary A. Davis
City Clerk
Approved_
Adopted
__1984
__1984
Mayor
Council Members
ATTEST:
City Clerk
SpeeialSesaion, May21, 1984
171
CITY COUNCIL
OFFICIAL
Special Session, May 21, 1984.
Council Met at 7:30 o'clock p.ro., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel
Manning, City Manager W. Kenneth
Gearhart, Corporation Counsel
William G. Blum.
Absent at Boll Call--Council
Member Kronfeldt.
Absent--Council Member Klucener.
Mayor Brady read the call and
stated that service thereof had been
duly made and tins Meeting is called
for the purpose to conduct a Public
Hearing to Consider Issuance of
Medical Clinic Revenue Bonds for the
Hail and Eckhart Project in amount of
$325,000, and acting upon such other
business winch may properly come
before the Council,
Invocation was given by Rev, Nor-
ma Everist, Ass't Professor in the Div.
of Ministry of Wartburg Theological
Seminary.
Proclamations: Week of May 27th as
"Knights of Columbus Week" received
by Lyle Gaseman; Week of June 3rd as
"Management Week" received by lion
Pitch; June 2nd as "Hearing and
Speech Day" received by Dick
Bracewell.
Council Member Beurskens moved
to suspend the rules to let anyone pr~-
sent address the Council if they so
desire. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Manning.
Nays--None.
Abcent--Councll Members Klues-
nor, Kronfeldt.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing for Fiscal Year 1985 State
Transit Assistance to offset part of
the cost of the Keyline Transit
System, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Beorskens moved
that the proof of publication be receiv-
ed and fried. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Manning.
Nays--None.
Abeent--Council Members Klues-
nor, Kronfeldt.
Proof of publication, certified to by
the Publisher, on Notice of Time and
Place of Hearing to dispose of interest
in real estate to James C. Hall, M.D.
and Teresa A. Eckhart, M.D.,
presented and read.
Council Member Beurskeos moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Haw. mol. Carried by the
foilowing vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Klues-
ner, Kronfeldt.
Petition of John Duggen et al (44
signers) objecting to disposal or rental
of any or ali of the Third Street Reser-
voir Property, presented and read.
Mrs. John Dnggan objected to the
sale and requested that property be
put back in the same shape as it was
before tins proposal.
Council Member Beurskens moved
that the petition be received and filed.
Seconded by Council Member Ham-
reel Carried by the foilowing vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Kluos-
her, Kronfeldt.
Communication of Attorney Gary
Norby formally notifying the city that
his clients, Dr. James Hall and Dr.
Teresa Eckhart no longer have an in-
terest in purchasing said parcel of
land, presented and read.
Council Member Beurskens moved
172
that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bars Banrskens, Daich, Hammel,
Manning.
Nays--None.
Absent--Council Members Kines-
her, Kronfeldt.
Proof of publication, certified to by
the publisher, on Notice of Public
Hearing on intention to issue Medical
Clinic Revenue Bonds (Hall and
Eckhart Project) in amount of
$325,000, presented and read.
There were no written objections
received and no oral objectors present
at the time of the Hearing.
Council Member Beurskens moved
that the proof of publication be reoeiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote;
Yeas--Mayor Brady, Council Mem-
hers Benrsknns, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Kines-
nar, Kronfeldt.
RESOLUTION NO. 129-84
Resolution Relating to the Holding of
a Public Hearing and Approving Pro-
eeeding with the Issuance and Sale of
Not to Exceed $325,0~0 in Aggeegate
Principal Amount of Medical Clinic
Revenue Bonds (Hall & Eckhart Pro-
jeer) of the City of Dubuque, Iowa.
WHEREAS, the City of Dubuque, a
political subdivision of the State of
Iowa (the "City"), is authorized by
Chapter 419 of the Iowa Code, as
amended (the "Act"), to issue revenue
bonds for the purpose of defraying the
cost of acquiring, constructing, im-
proving and equipping land, buildings
and constructing, improving and
equipping land, buildings and im-
provements suitable for use as a
medical clinic located within the City
and to loan the proceeds from the sale
of such revenue bonds to James C.
Hall, M.D. and Teresa A. Eckhart,
M.D, individuals and residents of the
State of Iowa (the "Company"}, pur-
suant to a loan agreement, to be used
Special Session, May 21,1984
he aforesaid purposes; and
WHEREAS, the City hae datermin-
ed there is a public need in the City
and its environs for maintaining and
improving medical facilities as propoe-
ed by the Company; and
WHEREAS, a notice of hearing on
the proposal to issue not to exceed
$325,000 in aggregate principal
amount of Medical Clinic Revenue
Bonds (Hail & Eckhart Project) of the
City of Dubuque, Iowa, has been
published as required by law; and
WHEREAS, a public hearing has
been held at the time and place as
specified in said notice of hearing and
any and ali objections or other com-
ments relating to such Bonds have
been heard and it is deemed tn be in
the best interests of the City of Dubu-
qan, Iowa, that said Bonds be issued
as proposed; and
NOW, THEREFORE, Be It Resolv-
ed by the City Council of the City of
Dubuque, Iowa, as follows:
Section 1. That it is hereby determin-
rd that it is necessary and advisable
that the City procond with the issuance
of its Medical Clinic Revenue Bonds
& Re,hart Project) (hereinafter
referred to as the "Bonds"), in an
amount not to exceed $325,0~0, as
authorized and permitted by the AcS
and to loan the proceeds of the sale of
the Bonds to the Company, all upon
terms and conditions mutually
satisfactory to the City and the Com-
Section 2. That at the public hearing
conducted by this Counci~ pursuant to
published notice as required by the Aet
and Section 103(k) of the Internal
Revenue Code of 1954, as amended all
persons who appeared were given an
opportunity to express their views for
or against the proposal to issue said
Bonds and it is hereby determined that
any and all objections to the issuance
of the said Bonds are hereby overruled.
Section 3. That this Council shall
proceed with the necessary pro-
eeedings relating to the issuance of
said Bonds upon reasonable advance
notice from the Company that satisf~c-
tory financing terms have been agreed
upon with the proposed purchasers
Special Session, May 21, 1984
173
and the required documentation has
been prepared by Bond Counsel and
approved by all other parties, in-
cludlng the City Attorney of said City.
Section 4. That said Bonds, if issued,
and the interest thereon, will be
payable solely out of the revenues
derived from the financing of said Pro.
ject and shall never constitute an in-
debtedness of the City of Dubuque,
Iowa, within the meaning of any state
constitutional provision, or statutory
limitation, and shall not constitute nor
give rise to a pecuniary liability of said
City of Dubuque, Iowa, or a charge
against its general credit or taxing
powers.
Section 5. All Resolutions and
Orders or parts thereof, in conflict
herewith are, to the extent of such con.
filet hereby repealed and this Resolu-
tion shall be in full force and effect ira.
mediately upon its adoption.
Adopted and approved tMs 21st day
of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Ycas--Mayor Brady, Council Mem-
bars Boerskens, Hammel, Manning.
Nays--Council Member Deich.
Absent--Council Members Klues-
net, Kronfeldt.
Proof of publication, certified to by
the Publisher, on Notice of time and
place of Hearing to dispose of interest
in Lot 2 of the Subdivision of Sears,
Roebuck and Company Subdivision
No. 2 in the City, presented and read.
There were no written objections
received and no oral objectors present
at the time of the Hearing.
Council Member Hammel moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Kluoe-
ner, Krunfeldt.
RESOLUTION NO. 130-84
Resolution Approving Disposition of
Lot 2 of Sears & Roebuck Co. Subdivi-
~an No. 2 in the City of Dubuque,
Iowa, Subject to the City of Dubuque,
Iowa Retaining a Perpetual Easement
in Accordance with a C~eant of Ease-
ment Executed by the City of Dubu-
que, Iowa and Frommelt Industries
which was Recorded in the Office of
the Dubuque County Recorder on
February 23, 1984 as Instrument No.
1143-84
WHEREAS, Dubuque In Future,
Inc. has requested that they be allow-
ed to purchase Lot 2 of Sears &
Roebuck Co. Subdivision No. 2 in the
City of Dubuque, Iowa, subject to the
City of Dubuque, Iowa retaining a
perpetual easement in accordance with
a Grant of Easement executed by the
City of Dubuque, Iowa and Frommelt
Industries which was recorded in the
office of the Dubuque County
Recorder on February 23, 1984 as In-
strument No. 1143-84; and
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion, published in the city of Dubuque,
Iowa on May 15, 1984, the City Coun-
cil of the City of Dubuque, Iowa met
on the 21st day of May, 1984 at 7:30
o'clock p.m. in the Public Library
Auditorium to consider the disposing
of real estate of the City of Dubuque,
Iowa known as Lot 2 of Sears &
Roebuck & Co. Subdivision No. 2 in
the City of Dubuque, Iowa, subject to
the City of Dubuque, Iowa retaining a
perpetual easement in accordance with
a Grant of Easement executed by the
City of Dubuque, Iowa and Fcommelt
Industries which was recorded in the
office of the Dubuque County
Recorder on February 23, 1984 as In-
strument No. 1143-84; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and ali objections, oral or written, to
the proposal to dispose of interests of
the City of Dubuque, Iowa in the
hereinabove real estate to the above
named grantee.
174
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of in-
terest of the City of Dubuque, Iowa in
Lot 2 of Sears & Roebuck & Co. Sub-
division No. 2 in the City of Dubuque,
Iowa retaining a perpetual easement in
accordance with a Grant of Easement
executed by the City of Dubuque, Iowa
and Frommelt Industries which was
recorded in the office of the Dubuque
County Recorder on February 23, 1984
as Instrument No. 1143~4 to Dubuque
In Futura, Inc., be and the same is ap-
proved for the price of Two Hundred
Fifty and no/lO0 ($250.00) Dollars; that
recording, and publication costs will be
the responsibility of the grantee; that
conveyance shall be by Quit claim
Deed, that no abstract will be furnish-
ed by the City.
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 above describ-
ed real estate to the above named
grantee upon receipt of the purchase
price in full.
Passed, adopted and approved this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Klues-
ncr, Kronfeldt.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing providing for amendment to
current City Budget, presented and
read.
There were no written objections
received and no oral objectors received
and no oral objectors present at the
Special Session, May 21,1984
time set for the Hearing.
Council Member Beurskens moved
that the proof of publication be recalv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Klues-
ner, Kronfeldt.
RESOLUTION NO. 131-84
A Resolution Amending the Current
Budget for the Fiscal Year Ending
June, 30, 1984
BE IT RESOLVED by the Council
of the City of Dubuque, Iowa:
Section 1. Following notice publish-
ed May 11, 1984 and the public hearing
held May 21, 198~ the current budget
(as previously amended} is amended as
set out herein and in the detail by fund
and activity that supports this resolv/
gon which was considered at that hea~
ing:
see CHARTonfollowingpages
Special Session, May 21,1984 175
CURRENT GOVERNMENTAL FUNDS
AS CERTIFIED
OR LAST AMOUNT OF AMENDED
AMENDED CHANGE TO:
1. Total Beginning
Cash Balance 4,760,644 + 368,888 5,129,532
2. Income Other Than
Property Tax 11,883,130 + 928,659 12,811,789
3. TranMers In 3,994,229 3,994,229
4. Stnte-Shared Revenue 2,544,420 2,544,420
5. Prolmrty Tax Azkin~ 11,361,730 11,361,730
6. TOTAL RESOURCES 34,544,153 +1,297,547 35,841,700
7. Less: Worldng Balance
(Reserve) 5,987,792 5,987,792
8. Leas: TranMem Out 3,344,229 3,344,229
9. Net Resource~ for
Appropriations 25,212,132 +1,297,047 20,509,679
10. Commmflty Protection 7,314,889 + 23,445 7,338,334
11. Human Development 3,966,544 + 226,555 4,193,099
12. Home and Community
Environment 12,336,054 + 949,607 13,285,661
13. Policy and
Administeation 1,594,645 + 97,940 1,692,585
14. TOTAL
APPROPRIATIONS 25,212,132 +1,297,547 26,509,679
Reason:
CURRENT PROPRIETARY FUNDS
AS CERTIFIED
OR LAST AMOUNT OF AMENDED
AMENDED CHANGE TO:
1. Total Beginning
C~mh Balance 2,519,564 + 37,500 2,557,064
2. Income Other Than
Tax
3. Transfers In
8.434,337 8,434,337
4. Stat~-SharedRevenue
5. Tax Asldn
6. TOTAL RESOURCES 10,953,901 + 37,500 10,991,401
11. Human Development
12. Home and Community
En,dronment
8,122,142 + 14,000 8,136.142
Special Session, May 21, 1984 177
176 Special Session, May 21, 1984
13. Policy and
Administration 324,763~ + 23.500 348,263~
14. TOTAL
APPROPRIATIONS $,446.90~5 + 37.500 8,484,405~
PROGRAM Connnunity Human Home & Corem. Policy and
TOTALS Protection Development Environment Adwinistration
FROM: 15. _7,314,889~ 3,966,544 20,458,196 1,919.408~
TO: 16. . 7,338,33~4 4,193,09~9 21,421,80~3__2,040.848
Passed this 21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Khies-
net, Kronfeldt.
RESOLUTION NO. 132-84
A Resolution for the Permanent
Transfer of Funds
WHEREAS, there is now in the
hands of the Treasurer the sum of
$26,162 credited to the General Fund;
and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$387,500 credited to the Wastewater
Treatment Plant Construction Fund;
and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$186,000 credited to the Sanitary
Sewer Depreciation Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$33,000 credited to the Parking
Depreciation Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$156,000 credited to the Water
Depreciation Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$7,800 credited to the Road Use Tax
Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$7,800 credited to the Community
Development Fund; and
WHEREAS, it is desired to transfer
$26,162 from the General Fund to the
Golf Construction Fund in order to
reserve the prior year net surplus for
capital projects; and
WHEREAS, it is desired to close
out the ~Vastewater Treatment Plant
Construction Fund balance of
$387,500 into the Sanitary Sewer Con-
struction Fund; and
WHEREAS, it is desired to transfer
$186,000 from the Sanitary Sewer
Depreciation Fund to the Sanitary
Sewer Construction Fund for support
of future capital improvements;
WHEREAS, it is desired to transfer
$33,000 from the Parking Deprecia-
tion Fund to the Parking Construction
Fund for support of future capital ira-
provements; and
WHEREAS, it is des/red to transfer
$156,000 from the Water Depreciation
Fund to the Water Construction Fund
for support of future capital im-
provements; and
WHEREAS, it is desired to transfer
$7,800 from the Road Use Tax Fund
and $7,800 from the Community
Development Fund to the Industrial
Center Control Fund for the local
share of additional on-site expense on
the Industrial Center Project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That said sum of $804,262,
as set forth above, be and the same is
hereby transferred from the General
Fund, Wastewator Treatment Plant
Construction Fund, Sanitary Sewer
Depreciation Fund, Parking Deprecia~
tion Fund, Water Depreviation Fund,
Road Use Tax Fund and Community
Development Fund to the I~tolf Con.
struction Fund, Sanitary Sewer Con-
struetion Fund, Parking Construction
Fund, Water Construction Fund, and
the Industrial Center Control Funa
and City Finance Director is directed
to correct his books accordingly.
Passed approved and adopted this
21et day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution, Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Manning.
Nays--None.
Absent--Council Members Klues-
net, Kronfeldt.
Communication of City Manager r~
questing authorization to submit com-
bined Section 9A Structural Analysis
Study and Section 9 Fiscal Year 1985
Operating Assistance application to
UMTA and to set a date for Public
Hearing for same, presented and read.
Council Member Beurskens moved
that the communication be received
and filed and matter set for Fubllc
Hearing on June 18, 1984, at 7:30 p.m.
in the Public Library Auditorium and
that the City Clerk publish notice in
the manner prescribed by law. Second-
ed by Council Member Hammel. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Khies-
ncr, Kronfeldt.
RESOLUTION NO. 133-84
Resolution Authorizing the Filing of
Applications with the Dep~rtmcot 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 mass transportation pro-
gram of projects;
WHEREAS, the contract for finan-
cial assistance wiI1 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. Deportment 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 ap-
pllcation for assistance under the Ur-
ban mass Transportation Act of 1964,
as amended, the applicant give an
assurance that it will comply with Ti-
tle VI of the Civil rights Act of 1964
and the U.S. Department of Transpor-
tatinn requirements thereunder; and
WHEREAS, it is the goal of the ap-
plicant that minority business enter-
prise be utll/zed to the fullest extent
possible in connection with these pro-
ects, and that definite procedures
shall be established and administered
to ensure that minority business shall
have the maximum construction con-
178
Special Session, May 21, 1984
tracts, supplies, equipment contracts,
or consultant and other services.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL 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-
ment of Transportation to aid in the
financing of operating and planning
assistance projects pursuant to Sec-
lion 9 of the Urban Mass Transporta.
lion Act of 19~4, as amendec~
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 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 for the
program of p~ rojects.
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-
lng of the operating and planning
assistance program 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 May 21, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammei,
Manning.
Nays--None.
Absent--Council Members Klues-
ncr, Kronfeidt.
Communication of City Manager
submitting documents providing for
the construction of Walker and Oneida
Street Sanitary Sewer, presented and
read.
Council Member Hammei moved
that the communication be received
anf filed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammei,
Manning.
Nays--None.
Absent--Council Members Khies-
ncr, Kronfeidt.
Necessity for Improvement
RESOLUTION NO. 134~84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of Dubuque are now
on file in the office of the City Clerk
showing among other things the plans,
specifications, form of contract,
estimated cost and preliminary plat
and schedule showing the amount pro-
posed to be assessed against each lot
and valuation of each lot as fixed by
the City council, for the Walker-
Oneida Sanitary Sewer.
BE IT THEREFORE RESOLV-
ED that the City Counc'd deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless property
owners at the time of the final con-
sideration of this proposed resolution
have on file with the City clerk objec-
tions to the resolutions of necessity,
they shah be deemed to have waived
all objections pertaining to the
regularity of the proceeding and the
legality of using the special assess-
ment procedure,
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City
Special Session, May 21, 1984
179
Council and are now on file with the
City Clerk. That the cost and expense
of making said improvement will be
assessed partially or totally against
privately owned property lying within
the assessment limits, and in an
amount not to exceed that provided by
law, and in proportion to the spocial
benefits conferred.
The portion of the cost which shah
be borne by the City will be paid from
the Sanitary Sewer Construction
Fund, and special assessment bonds
may be issued in anticipation of defer-
red payments of assessments when a
contract has been performed and ac-
cepted, and the proceeds thereof used
to pay tha contractor.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 21st day of
May, 1984.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved ap-
proval of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Couneit Members Klues-
net, Kronfeidt.
(Preliminary Approval of Plans, Etc.)
RESOLUTION NO. 135-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa
that the proposed plans, specs, form of
contract, plat and schedule, including
all items of material and work required
for the Walker-Oneida Sanitary Sewer
Project in the amount of $96,241.40
are hereby approved and ordered filed
in the Office of the City Clerk for
public inspection, and are to be con-
s~dered part of this Resolution.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammei 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,
Manning.
Nays--None.
Absent--Council Members Klues-
her, Kronfeldt.
RESOLUTION NO. 136-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the attached sheets,
No. i through 2 inclusive, are hereby
determined to be the schedule of pro-
posed assessments for the City of
Dubuque Walke~Oneida Sanitary
Sewer, and the valuations set out
therein, are hereby approver~
ADOPTED this 21st day of May,
1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens, Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Klues-
her, Kronfeldt.
(FIXING DATE OF HEARING)
RESOLUTION NO. 137-84
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
~ract and placed same on file in the of-
lice of the City Clerk for public inspec-
tion, for the Walker-Oneida Sanitary
Sewer; and
WHEREAS, the proposed Resoin-
180
Special Session, May ~1, l~l
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection,
NOW, THEREFORE, BE IT
RESOLVED, that on the 18th day of
June, 1984 public hearing will be held
at 7:30 o'clock p.m. in the Public
Library Auditorium in the City of
Dubuque at which time the owners of
property subject to assessment for the
proposed improvement or any other
person having an interest in the mat-
ter may appear and be heard for or
against the making of the improve-
ment, the boundaries of the district,
the cost, the assessment against any
lot, or the final adoption of a resolution
of necessity, and the City Clerk be and
is hereby authorized and 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
be published once each week for two
consecutive weeks, the first publica-
tion of which shall be not less than ten
days prior to the day fixed for its con-
slderation. Unless property owners at
tho time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
resolution of necessity they shall be
deemed to have waived all objections
thereto.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Bearskens. Car-
tied by the following vote:
Yeas--Mayor Brady, Couanil Mem-
bets Beurskens, Deinh, Hammel,
Manning.
Nays--None.
Absent--Council Members Klues-
her, Kronfaldt.
Communication of City Manager
submitting documents providing for
the construction of the Chaplain
Schmitt Memorial Island Park and
Recreation Complex- construction of
Infields and Warning Tracks,
presented and read.
Council Member Bearskens moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Manning.
Nays--None.
Absent--Council Memberis Klans.
ner, Kronfeldt.
(Necessity for Improvement)
RESOLUTION NO. 138-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
qan, Iowa, 0nd are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Chaplain Schmitt Memorial Island
Park and Recreation Complex-Con-
struction of Infields and Warning
Tracks.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvements, and unless interested
persons at the time of the final con-
s~deratlan of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cfi and are now on file with the City
Clerk, That the cost and expense of
nmhing said improvement will.be paid
from a capital improvement levy and
private donations.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 21st day of
May, 1984.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A~ Davis
City Clerk
Special Session, May 21, 1984
181
Council Member Beurskans moved
approval of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Delah, Hammel,
Nays--None.
Abecnt--Council Members Klues-
nar, Kronfaldt.
(Preliminary Approval of Plans, Etc.)
RESOLUTION NO. 139-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specifica-
tions, form of contract, etc. for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex-Con-
struction of Infields and Warning
Tracks, in the estimated amount of
$39,778.50, are hereby approved and
ordered filed in the Office of the City
Clerk for public inspection and are to
be considered a part of this Resolution.
Passed, approved and adopted this
21st day of May, 1984.
Jalnes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskene, Deich, Hammel
Manning.
Nays--None.
Absent--Council Members Klues.
ner, Kronfeldt.
(FIXING DATE OF HEARING AND
AUTHORIZING ADVERTISE-
MENT FOR PROPOSALS)
RESOLUTION NO. 140-84
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion for the Chaplain Schmitt
Memorial Island Park and Recreation
Complex-Construction of Infields
and Warning Tracks, and
WHEREAS, the proposed Resolu-
tion of Necessity for saldimprovement
has been introduced and is now on file
in the City Clerk's office for public in-
spection.
NOW, THEREFORE, BE IT
RESOLVED that on the 18th day of
June, 1984, a public hearing will be
held at 7:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City
of 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, and unless in-
terested persons at the time of the
final consideration of the proposed
Resolution of Necessity have filed ob-
jeetions with the City Clerk, they shah
be deemed to have waived ail objee-
tions thereto.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having circulation in the
City of Dubuque, Iowa, which notice
shall not be ]ess than four days nor
mare than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 7th day of June, 1984. Bids shall
be opened and read by the City Clerk
at said time and will be submitted to
the Council for final action at a
meeting to be held at the Public
Library Auditorium at 7:30 p.m. on
the 18th day of June, 1984.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas~Mayor Brady, Council Mem-
182
Special Session, May 21, 1984
bers Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Klues-
ncr, Kronfeldt.
Communication of City Manager
and County Sheriff recommending ap-
proval of implementation of a new
Dubuque Area Public Safety Com-
munications Center, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Manning.
Nays--None.
Absent--Council Members Kluee-
her, Kronfeldt.
Council Member Deich moved that
they amend the Dubuque Area Public
Safety Communications Center Agree-
ment by changing Article VI, Section
2, to include (d) One member of the
County Board of Supervisors; and
One member of the Dubuque City
Council. Seconded by Mayor Brady.
Vote on the motion was as follows:
Yeas--Council Member Deich
Nays--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Manning.
Absent--Council Members Khies-
her, Kronfeldt.
MOTION FAILED.
RESOLUTION NO. 141-84
A Resolution approving an agreement
by and between Dubuque County,
19wa, and the City of Dubuque,
Iowa~ providing for the establishment,
maintenance and operation of the
Dubuque Area Public Safety Com-
munications Center.
WHEREAS, in order to achieve
economy of operations while maintain-
lng, improving and coordinating the
professional dispatching of public
safety services in the Dubuque area,
the separate emergency communica-
tions centers operated by the County
Sheriff, City Police Department and
City Fire Department should be con-
soildated into a joint Dubuque Area
Public Safety Communications
Center; and
WHEREAS, the Dubuque City
Manager and Dubuque County Sheriff
have recommended that a joint Dubu-
que Area Public Safety Communica.
tions Center be established; and
WHEREAS, a proposed Agreement
between Dubuque County and the Ci-
ty of Dubuque has been prepared to
establish and provide for the
maintenance and operation of the
Dubuque Area Public Safety Com-
munications Center; and
WHEREAS, the Dubuque City
Council deems it to be in the best in-
terest of the City of Dubuque to enter
into such Agreement with Dubuque
County for the establishment,
maintenance and operation of a Dubu-
que Area Public Safety Communica-
tions Center,
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Agreement at-
tached hereto and made a part hereof
by and between Dubuque County,
Iowa, and the City of Dubuque, Iowa,
providing for the establishment,
maintenance and operation of the
Dubuque Area Public Safety Com-
munications Center is hereby approv-
ed.
Section 2. That the Mayor is hereby
authorized and directed to sign said
Agreement for and on behalf of the Ci-
ty of Dubuque, loww
Section 3. That the City Clerk is
hereby authorized and directed to
transmit a certified copy of this
Resolution to the Chairperson of the
Board of Supervisors of Dubuque
County, low&
Passed, approved and adopted this
21st day Of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
Special Sesslon~ May 21, 1984
183
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Nays--None.
Absent--Council Members Klues-
net, Kronfeldt.
Petition of Al Polssan requesting to
address the Council regarding water,
sewer, street and services in Crescent
Ridge area, presented and read.
Mr. Polsean spoke to the petition.
Discussion followed.
Petition of Tri-State Veteram
Memorial Assn., Inc. requesting a
perpetual Lease for a tract of land, for
the location of a~l All Veterans
Memorial Complex, presented and
read.
David LaRue, 2618 Broadway, as
President of the Assn., spoke to the
petition.
Council Member Beurskens moved
that the petition be received and filed
and referred to the Dock Commission
and Legal Staff to begin looking at the
lease. Seconded by Council Member
Hammel. Carried by the following
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Manning.
Nays--None.
Absent--Council Members Klues-
her, Kronfeldt.
Council Member Kronfeldt entered
the Chambers at 9:00 P.M.
Petition of Mary Richardson et al
(299 signers~, Wonder Bread and
Hostess Cake, Trausch Baking Co.,
Coca Cola Bottling Co., Swiss Valley
Farm., Frito-Lay, Inc., Best Beers Cor-
poratlon, Dubuque Holiday Sales, Kir-
chhoff Distributing Co., Inc., Doe
Sales, Inc. and Brown and Williamson
Tobacco Corp., Pepsi-Cola Bottling
Co., and Mid-Continent Bottlers, Inc,
requesting to change the parking
along the south side of University
Ave. between Glen Oak and Alpine to
15 minute parking limit, 24 hours per
day, 7 days per week, presented and
read.
Council Member Beurskens moved
that the petition be received and filed
and referred to the City Manger.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
9:12 P.M. Council Member Manning
moved to go in~ Closed Session to
d~eeuee strategy with Counsel in mat-
ters that are presently in litigation in
accordance with Ch. 28A.5 Sec. (lc),
Code of Iowa, 1983. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
9:53 P.M. Council Reconvened. The
Mayor advised that the Legal Staff
had been given direction regarding
pending litigation.
Communication of City Manager
recommending affirmation of suspen-
sion of a Water Division employee for
three work days (24 work hours),
presented and read.
Council Member Beurskens moved
that the communication be received
and filed and suspension affirmed.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Council Members Beurskens,
Hammel, Kronfeldr, Manning.
Nays--Mayor Brady, Council Mem-
ber Deich.
Absent--Council Member Kluesner.
Communication of City Manager
recommending a letter of Agreement
with the State Historical Department
for grant to prepare a National
Register Nomination for Cathedral
District, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Mann/ng. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
184
Absent--Council Member Kluesner.
RESOLUTION NO. 142-84
A Resolution Authorizing the Mayor
to Execute a Letter of Agreement with
the Iowa State Historical Department
for Nomination of Cathedral National
Register District.
WHEREAS, the City of Dubuque
Historic Preservation Commission has
submitted an application to the Iowa
State Historical Department Office of
Historic Preservation for a matching
grant for nomination of Cathedral Na-
tional Register District; and
WHEREAS, the Iowa State
Historical Department Office of
Historic Preservation has approved
said application and has now forward-
ed for execution by the City of Dubu-
que a letter of agreement providing for
the acceptance and administration of
the State Grant-In-Aid project.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Special Session, May 21,1984
bets Beurskens, Deich, Hammel,
Ksunfeldt, Manning.
Nays--None.
Absent--Council Member Klueener.
Communication of City Manager
submitting documents necessary for
the approval of the assignment of
lease from Allied Chemical Corpora-
tion to Arcadian Agricultural Corpora-
tion, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
~lember Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dnich, Hammel,
Kronfeldt, Manning.
Nays--None,
Absent--Council Member Klueener.
Section 1. That the Letter of Agree-
ment hereto attached, including all et-
hibits and morhed OHP Contract No.
CLG-83-02, between the City of Dubu-
que Iowa, and the Iowa State
Historical Department Office of
Historic Preservation, providing for
the preparation and submission of Na-
tional Register Historic District
Nomination for the Cathedral Historic
Preservation District is hereby approv-
Section 2. That the Mayor be and he
is hereby authorized and directed to
execute said Letter of Agreement on
behelf of the City of Dubuque, Iowa,
Passed, adopted and approved this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hannnel moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
RESOLUTION NO. 143-84
WHEREAS, the City of Dubuque
Board of Dock Commissioners has for-
warded to City Council the recommen-
dation that the assignment of lease to
arcadian Agricultural Corporation
from Allied Chemcial Company has
been properly submitted by Allied
Chemical Company to thc City of
Dubuque; and
WHEEEAS, the City of Dubuque
Board of Dock Commissioners and Ci-
ty staff have assured the City Council
of the City of Dubuque that lease
quirements have been met by the
Allied Chemical Company; and
WHEREAS, the City Council of the
City of Dubuque concurs with the
recommendation of the City of Dubu-
que Board of Dock Commissioners
that it is in the best interest of the City
of Dubuque to approve the assign-
ment of the lease.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
1. That the assignment of lease for
2.02 acres of municipal property
located on Jones and Water Street
held by Allied Chemical Company to
Arcadian Agricultural Corporation be
approved.
Special Session, May 21, 1984
185
2. That the Mayor be authorized and
directed to execute a consent to the
assignment of the lease from Allied
Chemical Company to Arcadian
Agricultural Company.
3. That the Mayor be authorized and
directed to sign the Landlord's con-
sent to waiver agreements as attached
to this Resolution.
4. That the City Clerk be and she is
hereby authorized and directed to
record a certified copy of this Resohi-
tion in the office of the Dubuque Coun-
ty Recorder in and for Dubuque Coun-
ty, Iowa immediately.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hannnel moved
adoption of the Resolution as amend-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Connnunication of City Manager
submitting documents for finalization
of the renewal of lease of the Koch
Refining Co., '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,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Khiesner.
RESOLUTION NO. 144-84
WHEREAS, the City of Dubuque
Board of Dock Commissioners has
reviewed the request'of Koch Refining
Company, parent of Dubuque Oil Com-
pany, for renewal of the lease and
agreement between the Dubuque Oil
Terminal and the City of Dubuque;
and
WHEREAS, the City of Dubuque
Board of Dock Commissioners has
recommended to the City Council of
the City of Dubuque the approval of
renewal of the lease; and
WHEREAS, the original lease of the
Dubuque Oil Terminals is dated March
25, 1964, and renewal of this lease has
been completed by proper notice of the
lessee to the City of Dubuque in prior
years; and
WHEREAS, the terms of the lease
and agreement of the Dubuque Oil
Terminals have been complied with
and the notice of renewal submitted in
a timely manner.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the renewal of the
tension of lease between the City of
Dubuue and Dubuque Oil Terminals,
original lease dated March 2~, 1964, is
hereby approvec~
Section 2. That the expiration date
for the lease renewal period is March
25, 1989.
Section 3. The Mayor be authorieed
and directed to sign this resolution
renewing the option of the Dubuque
Oil Company.
Section 4. That the City Clerk be and
she is hereby authorized and directed
to record a certified copy of this
Resolution in the office of the Dubuque
County Recorder in and for Dubuque
County, Iowa immediately.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Bsurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
186
SpeeialSession, May21,1984
Communication of City Manager
recommending acceptance of Agree-
ment between City and the Amni-
~amated Transit Union, Division/]329,
presented and read.
Council Member Kronfeldt moved
that'tha communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
RESOLUTION NO. 145-84
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
Employment Relations Act, Chapter
20, Code of Iowa: and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 311) of the Public Employ-
ment Relations Act; and
WHEREAS, THE Amalgamated
Transit Union, Division #329, is an
employee organization within the
meaning of Section 314) of the Public
Employment Relations Act; and
WHEREAS, the Amalgamated
Transit Union, Divison #329, submit-
ted 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
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agree-
ment by accepted and the Mayor
authorized to sign the attached celiac-
tire bargaining agreement.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bare Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None,
Abeent--Councll Member Kluesner,
Communication of City Manager
recommending acceptance of Agre~
ment between City and General
Drivers and Helpers Union, Local
#421, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
~Iember Beurskeas. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Khieener,
RESOLUTION NO. 146-84
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
Employment Relaitions Act, Chapter
20, Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3il} of the Public Employ-
ment Relations Act; and
WHEREAS, the General Drivers
and Helpers Union, Local #421, is an
employee organization within the
meaning of Section 3i4) of the Public
Employment Relations Act; and
WHEREAS, the General Drivers
and Helpers Union, Local #421, sub-
mitted a request to bargain collective-
Special Session, May 21, 1984
187
ly on behalf of the emloyees within its
representation; and
WHEREAS, bargaining between
the parties has occurred and an Agree-
ment has been concluded.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agre~
ment be accepted and the Mayor
authorized to sign the attached celiac-
tire bargaining agreement.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner,
Communication of City Manager
reconnnendhig acceptance of Agree-
ment between City and Polleemen's
Protective Association, presented and
mad.
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, Dnich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Khiesner.
RESOLUTION NO. 147-84
Accepting the Agreement between the
City of Dubuque, Iowa, and the Dubu-
qua Policeman's Protective Associa-
t/on, and authorizing 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 Sections 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the Dubuque Police-
men's Protective Association is an
employee organization within the
meaning of Section 3(4) of the Public
Employment Relations Act; and
WHEREAS, the Dubuque Police-
men's Protective Association, submit-
ted a request to bargain collectively on
behalf of the employees within its
representation; and
WHERE, bargaining between the
parties has occurred and an Agree-
ment has been concluded.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agre~
ment be accepted and the Mayor
authorized to sign the attached collec-
tive bargaining agreement.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Bearshens moved
adoption of the Resohition. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Kronfeldt, Manning.
Nays--None.
Abeent--Councfl Member Kluesner.
Communication of City Manager
recommending acceptance of Agree-
ment between City and International
Union of Operating Engineers, Local
~758, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
188
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
RESOLUTION NO. 148-84
Accepting the Agreement between the
City of Dubuque, Iowa, and the Inter-
national Union of Operating
Engineers, Local/f758, and authorizing
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 International
Union of Operating Engineers, Local
~58, is an employee organization
within.the meaning of Section 314) of
the Public Employment Relations Act;
and
WHEREAS, the Internatlonal
Union of Operating Engineers, Local
~58, 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
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agree-
ment be accepted and the Mayor
authorized to sign the attached collec-
tive bargaining agreement.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
Special Session, May 21, 1984
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of City Manager
recommending acceptance of Agree-
ment between City and Professional
Firefighters, Local #353, presented
and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskean, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
RESOLUTION NO. 149-84
Accepting the Agreement between the
City of Dubuque, Iowa, and the Dubu-
que Association of Professional Fire
Fighters, Local #353, and authorizing
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 Sections 3ID of the Public Employ-
ment Relations act; and
WHEREAS, the Dubuque Associa-
tion of Professional Fire Fighters,
Local #353, is an employee organiza-
tion within the meaning of Section 3(4}
of the Public Employment Relations
Act; and
WHEREAS, the ~Dubuque Associa-
tion of Professional Fire Fighters,
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.
Special Session, May 21,1984
189
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agre~
ment ha accepted and the Mayor
authorized to sign the attached collec-
tive bargaining agreement.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carri~
by the following vote:
Yeas--Mayor Brady, Council Mere
bers Beurskens, Deich, Hamme]
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of City Manger
recommending acceptance of Fiscal
Year 1985 Compensation Package for
Nonbargaining Unit Employees,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel
Kronfaldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
RESOLUTION NO. 150-84
Adopting the Fiscal Year 1985 Com-
pensation Package and Wage Plan for
Nonbargalning Unit Employees
WHEREAS, each of the City's five
collective bargaining units will be
receiving a compensation package in
Fiscal Year 1985 that represents an in-
crease of 2.5%; and
WHEREAS, it has been the practice
to provide a compensation package to
nonbergnining unit employees similar
to the compensation package to be
receivd by bargaining unit employees;
and
WHEREAS, the proposed compen-
sation package for nonhargaining unit
employees for Fiscal Year 1985
represents an increase of 2.5%.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the compensation
package and wage plan for non-
bargaining unit employees for Fiscal
Year 1985, which reflects an across the
board wage increase of three (3) per-
cent effective September 3, 1984, is
hereby approved.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
An ORDINANCE Amending the
Zoalng Ordinance and Zoning Map by
reclassifying properties along Julien
Dubuque Drive from their current zon-
lng classifications to "PI Planned In-
dustrial District" to be known as
"Julien Dubuque Drive Planned
dustrial District", said Ordinance hav-
lng been presented and read at the
Council Meeting of May 7, 1984.
Council Member Beurskens moved
that the reading just had be con-
sidered the second reading of the Or-
dlnance. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel,
Kronfeldt, Manning.
Nays--Council Member Deich.
Absent--Council Member Kiuesner.
190
Special Session, May 21, 1984
Communication of City Manager
recommending acceptance of contract
for the reconstruction of Peru Road at
the abandoned Ckleago and North-
western Railroad Crossing, presented
and read.
Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
(Accepting Improvement)
RESOLUTION NO. 151-84
WHEREAS, the contract for the
Reconstruction of Peru Road at the
abandoned Chicago Northwestern
Railroad crossing has been completed
and the City Manager has examined
the work and filed ins certificate
stating that the same has been com-
pleted according to the terms of the
contract, plans, and specifications and
recommends its acceptance;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted.
BE IT FURTHER RESOVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the General Fund an amount equal to
the amount of ins contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adap-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
(Final Estimate)
RESOLUTION NO. 152-84
WHEREAS, the contract for the
Reconstruction of Peru Road at the
abandoned Chicago Northwestern
Railroad Crossing has been completed
and the City Engineer has submitted
his final estimate showing the cost
thereof including the cost of estimates,
notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the cost of said ira-
provement is hereby determined to be
$110,678.93 and that said amount shall
be paid from the General Fund of the
City of Dubuque, loww
Passed, approved and adopted tins
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deick moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning,.
Nays--None.
Absent--Council Member Khiesner.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tore for the receipt of proposals for the
construction of the reconstruction of
John F. Kennedy Road from Penn-
sylvania Ave. to University Ave.,
Communication of City Manager
recommending to award contract for
above to Fynn Co., Inc., and a Resolu-
tion Awarding Contract for said Pro-
ject to Flynn Co., Inc,, i~n the amount
of $1,005,891.52, presented and read.
Council Member Kronfeldt moved
Special Session, May 21,1984
191
that the above be tabled. Seconded by
Council Member Dclch. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrekens, Dsich, Hamme]
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Klueeaer.
BOARDS AND COMMISSIONS:
Planning and Zoning Commission
3-3 Year terms to expire May 24,
1987 (Terms of K. Krieg, A, Honkamp
and W. Delaney) Applicants: Wm. E
Delaney, Katie Krieg, Dennis Meack
Gordon E. Mills, Dennis R. White
Chuck Cart.
Council Member Banrskens voted
for Delaney, Krieg, Maack; Mayor
Brady voted for Delaney, White and
Maack; Council Member Deich voted
for Delaney, Krieg, Mills; Council
Member Hammel voted for Delaney,
Maack, Mills; Council Member
Kluesner--Abeent; Council Member
Kronfeldt voted for Dsianey, Maack,
White; Council Member Manning
voted for Delaney, Manck, White.
Therefore, William Delaney and
Dennis Manck appointed to the 3 year
term on the Planning and Zoning Com-
mission to expire 5-24-87.
Second Vote for third term: Council
Member Beurskens voted for Krieg;
Mayor Brady voted for White; Council
Member l~sich voted for Krieg; Coun-
cil Member Hammel voted for White;
Council Member Kluesner--Absent;
Council Member Kronfeldt voted for
White; Council Member Manning
voted for White.
Therefore Dennis White appointed
to a three year term on the Planning
and Zoning Commission to expire
5-24-87.
Fire and Police Retirement System
4 Year term to Expire 3-31-88, Appli-
cant: Fred Pape. Council Member mov-
ed that appointment be delayed.
Seconded by Council Memboi- Bear-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Kronfsidt, Manning.
Nays--None.
Absent--Council Member Kluesner.
RESOLUTION NO. 153-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Clara Johnson & Judy A. Besler
385 E. 13th St.
Dennis Althaus
25 Ruby St.
l~amily Mart, Inc.
3201 Central Ave.
Bart & F. Enterprises, Inc.
703 Town Clock Plaza
Beecher Co., Inc.
1691 Asbory Rd.
Beecher Co., Inc.
2399 White St.
C.K. of Dubuque, Inc.
3187 University Ave.
Velma Curran
2372 Central Ave.
Mary Detainer
1445 Central Ave.
Patrick & B~rhara Dougherty
229 West 8th St.
Eagle Discount Center#109
200 S. Locust St.
Eagle Discount Center #130
1800 Elm St.
Eagle Discount Center #320
2050 J. F. Kennedy Rd.
Happy's Place, Inc.
2323 Rockdaie Rd.
Hy-Vee Food Stores, Inc.
3333 Asbury Rd.
K-Mart Corp
2600 Dodge St.
Raymond F. Kaesbauer
431 Rbomberg Ave.
Kopps Market Inc.
2600 Dodge St.
Miracle Car Wash, Inc.
255 Locust St.
Mulgrew Oil Company--
Ashury Fastop
3300 Asbury Rd.
Mulgrew Oil Company--
Mr. Fixit Automotive
2600 Dodge St.
Nash Finch Company
190 J. F. Kennedy Rd.
Eugene Arthur Ottlng
1689 Elm St.
Riverside Bowl, Inc.
1860 Hawthorne St.
Rnegintz Drug Store
629 Rhomherg Ave.
192
John L. Savary
Savary Tavern
Sunshine Mart of Dubuque, Ltd.
430 Rhomherg Ave.
T.C,S. Incorporated
3412 Pennsylvania Ave.
Earl Tegeler
620 S. Grandvlew Ave.
Raymond Tschiggfrie
1194} Dodge St.
Allen C. Tressel
2528 Central Ave.
Walgreen Co.
555 J. F. Kennedy Rd.
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, De{ch, Hammal,
Kronfeldt, Manning.
Nays--None..
Absent--Council Member Kluesner.
Special Session, May 21,1984
Kevin McGlffin's Kitchen, Inc.
3500 Dodge St.
{Also Sunday Salesl
CLASS "C' BEER PERMIT
Ralph J. Cremer
731 Rhomherg Ave.
{Also Sunday Sales)
Beecber Co., Inc.
2399 White St.
(Also Sunday Sales)
Beecher Co.,
1691 Asbury Rd.
IAlso Sunday Sales)
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution, Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfetdt, Manning.
Nays--None.
Absent--Council Member Klueener.
RESOLUTION NO. 154-84
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 ~n-
spected and found to comply with the
Ordinances of this City and have filed
proper bond;
NOW THEREFORE BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER pERMIT
Resurrection Men's Service Club
McAleece Field
(Also Sunday Sales)
Clara L. Johnson & Judy A. Besler
385 E. 13th St.
RESOLUTION NO. 155-84
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be o.c-
cup{ed by such .applicants were ~n-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED by ~he City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appli-
cant(s) a Liquor License.
CLASS "A" {CLUB) BEER AND
LIQUOR LICENSE
Dubuque Golf and Country Club
1800 Randall Pl.
{Also Sund~y Sales)
Special Session, May 21, 1984
193
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
WCB Restaurants, Inc.
3100 Dodge St.
(Also Sunday Sales)
CLASS "C" {COMMERCIAL)
BEER AND LIQUOR LICENSE
1933, Inc.
225 West 6th St.
(Also Sunday Sales)
Beverly A. Larenn
3050 Asbury Rd.
(Also Sunday Sales)
Passed, approved and adopted this
21st day of May, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yens--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kronfoldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
MINUTES SUBMITTED: Electri-
cai Examlng Bd. of 5-7, Library Bd. of
4-17; Park and Recreation Commission
of 5-8, presented and read.
Council Member Beurskens moved
that the minutes be received and filed.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De{ch, Hammal,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Aiport Comm. of 4-17, presented and
read.
Council Member De{ch moved that
the minutes be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De{ch, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Klueener.
Petition of Dubuque Golf and Coun-
try Club requesting permission to
display fireworks on July 4, 1984 at
9:15 p.m. on their grounds, presen~d
and rend.
Council Member Banrskens moved
that the petition be approved, subject
to implementatlon of the City
Manager, Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De{ch, Hammal,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Petition of Dubuque Jayceee re-
questing permission to hold a Fourth
of July Fireworks display on July 4,
1984 at Veterans Memorial Park,
alternate rain date would be July 6,
1984, presented and read,
Council Member Beurskens moved
that the petition be approved, subject
to implementation of the City
Manager. Seconded by Council
Member Kronfeldt, Carried by the
fonowing vote:
Yeas--Mayar Brady, Council Mem-
hers Banrskens, De{ch, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of Corporation
Counsel recommending denial of pro-
petty damage claim of Lloyd Lubbers,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed and denial approved. Second-
ed by Council Member Manning, Car~
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De{ch, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
NOTICES OF CLAIMS AND
SUITS: Frank Buol in unknown
omount for damages; Tina Marie
Butlett by Attorney Pete J. Klauer in
unknown amount for damages; Robert
J. Eichacker in amount of $199 for
proporty damages; H, Spencer and
194
Special Session, May 21, 1984
Beatrice Smith in unknown amount
for personal injuries, expenses and
damages incurred; Eugene V. Smith in
estimated amount of $164.80 for car
damages; Wffilam pander in amount of
$770,51 for property damages,
presented and read.
Council Member Beurskans moved
that the claims and suits be referred to
the Legal Staff for investigation and
report. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None,
Absent--Council Member Kinesner.
Proof of publication, certified to by
the Publisher, of List of Claims for
month of March, 1984; Notice of Fin-
ding of the Significant Effect on En-
vironmant for the Dubuque Historic
Improvement Co. Project; Notice of
F~nding of No Significant Effect on
Environmant for ARC Foundation,
Dubuque-In-Future, Inc. and Dubu-
que Stamping and Mfg, Projects and
Notice of Opportunity for Public Hear-
lng on design of North West Arterial
from Penn. Ave. to Asbury Road,
presented and read.
Council Member Beurskens moved
that the proofs of publication be
received and filed. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of Housing and Ur-
ban Development advising of receipt
of City's audit report for Community
Development Block Grant Program
and acknowledging receipt of Dubu-
que's Urban Development of Action
Grant application, presented and read.
Council Member Bcurskens moved
that the communication be received
and filed, Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kinesner.
Communication of Sister Jordan
Dahm advising of resignation from the
Housing Commission, presented and
read,
Council Member Bcurskens moved
that the communication be received
and filed and accepted with regret.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kinesner.
U.S. Army Corps of Engineers ad-
vising of a City's permit to dredge
from four areas in the Mississippi
River to be used as fill, presented and
read.
Council Member Beurskens moved
that the notice be received and filed.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yces--Mayur Brady, Council Mem-
bers Banrskans, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent,Council Member Kluesner.
Communication of Library Board of
Trustees submitting response to ques-
tions raised at the Library's Fiscal
Year 1984 Budget Hearing on
February 6, 1984, presented and read.
Council M~mber Deich moved that
received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayar Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absant--Council Member Kinesner.
Al Polsean, 3515 Crescent Ridge,
stated there would be a savings if utili-
ty bills were sent out every other
month.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Special Session, May 21, 1984
I~onfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Kronfeldt
Manning.
Nays--Council Member Deich.
Absent--Council Member Kluesner.
Mary A. Davis
City Clerk
Approved. .1984
Adopted 1984
Mayor
Council Members
ATTEST:
City Clerk
195