1984 August Council Proceedings324
Special Session, July 30, 1984
Regular Session, August 6, 1984
CITY COUNCIL
OFFICIAL
Regular Session, August 6, 1984.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers,
Present--Mayor Brady, Council
Members Beurskens, Deich, Hanunel,
Klusener, Kronfeldt, City Manager W.
Kenneth Gearhart, Corporation Coun*
scl William G. Blum.
Absent--Council Member Manning.
Mayor Brady read the call and
steted that service thereof had been
duly made and this Meeting is the
REGULAR MONTHLY MEETING
of the City Council called for the pur-
pose to act upon such business which
may properly come before the Council,
PROCLAMATION: Week of August 7
· to 12 as "Dubuque County Fair Week"
received by 4-H King Pat Vaaseen and
4-H Queen Anne Khpea.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kronfel'dt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klusener, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Proof of publication, certified to by
the Publisher on Notice of Public
Hearing on Resolution of Necessity for
construction of Peru Road - Kennedy
Court Sanitary Sewer, presented and
read.
Dennis Rath requested option to not
hooking up the sewer, making it not
mandatory.
Dale Link, 771 Kennedy Ct. stressed
that septic tanks in that area are work-
lng good and cost to hook up sewer is
great.
Tom Manternach questioned
whether properties can be improved
without hooking on to sewer.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
325
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kiusener, Krunfeldt.
Nays--None.
Absent--Council Member Manning.
Certificate of City Clerk stating
notices were sent by Certified Mail to
known property owners, regarding the
Public Hearing on said Project on July
19, 1984, presented and read.
Council Member Delch moved that
the certificate be received and filed.
Seconded by Council Member Beur-
skens, Curried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kiuesner, Krunfeldt.
Nays--None.
Absent--Cunncli Member Manning.
Petition of Dale Link objecting to
the sewer improvement for the Peru
Read - Kennedy Court sewer and Peti-
tion of Carl W. Miller et al (8 signers)
residents of Peru Read and/or Ken-
nedy Court requesting sewer be placed
this year of 1984, presented and read.
Council Member Delch moved that
the petitions be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt,
Nays--None.
Absent--Council Member Manning.
(Necessity For Improvement)
RESOLUTION NO. 204-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que and 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 proposed to be assessed
against each lot and the valuation of
each lot as fixed by the City Council,
for the Peru Road - Kennedy Court
Sanitary Sewer.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
326
able 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 resolution of necessity,
they shall 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 Coun-
cfi 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 special
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 the contractor.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 2nd day of Ju-
ly, 1984.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Record of Final Adoption
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 6th day of
August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved final
adoption of the Resolution. Seconded
Regular Session, August 6, 1984
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beucekens, Deich, Hammel,
Riuesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 258-84
WHEREAS, proposed plans and
specifications and form of contract for
the Peru Road - Kennedy Court
Sanitary Sewer have been approved by
the City Council of the City of Dubu-
que and public notice given as provid-
ed by the Code of Iowa pertaining to
public contracts and bonds, and the
time and place fixed for the hearing of
all objections to said plans, specifica-
tlons or contract for or cost of such
provements, said time being this 6th
day of August, 1984; and
WHEREAS, the City Council met in
regular session this 6th day of August,
1984, at 7:30 p.m. at the City Council
Chambers for the purpose of hearing
all interested parties and considering
any and all objections which have been
filed to the proposed plans, specifica-
tions or contract for or cost of the ira-
~rovement herein described and pro-
~osed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resohition containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
Regular Session, August 6, 1984
327
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Daich, Hammel,
Riuesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
(Ordering Constructtonl
RESOLUTION NO. 259-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 204-84 which was duly
passed by this Council for the Peru
Road - Kennedy Court Sanitary Sewer
ha and the same are hereby ordered
and constructed by this Council upon
its own motion and with or without the
petition of property owners. All the
work shall be constructed in accord-
ance 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 making
said improvement will be assessed par-
tially or totally against privately own-
ed property lying within the assess-
ment limits, and in an amount not to
exceed that provided by law, and in
proportion to the special benefits con-
letted. The portion of the cost which
shall 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 the contractor.
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 general circulation
hi the City of Dubuque, Iowa, which
notice shah not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 14th day of August, 1984. Bids
shall be opened and read by the City
Clerk at said time and will be submit-
ted to the Council for final action at a
meeting to be held at the Public
Library Auditorium at 7:30 p.m. on
the 20th day of August, 1984.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Bourskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bourskens, Dolch, Hammel,
Kluesner, Kronfoldt.
Nays--None.
Absent--Council Member Manning.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on Resolution of Necessity for
replacement of residential water
meters (5/8" size) project, presented
and read.
There were no written objections
received.
Al Polsean, 3515 Crescent Ridge,
questioned various specifics of this
project.
Council Member Kluesner moved
that the proof of publication be recaiv-
ed and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Klues-
ner, Kronfeldt.
328
Regular Session, August 6, 1984
Nays--Council Member Deich.
Absent--Council Member Manning.
(Necessity For Improvement)
RESOLUTION NO. 226-84
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 Replacement of Residential Water
Meters {5/8" Size).
BE IT THEREFORE RESOLVED
that the City Council deems it ed-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
eideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifice-
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-
cil and are now on file with the City
Clerk, That the cost and expense of
making such improvement will be paid
from the Water Construction Fund.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 16th day of Ju-
ly, 1984.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Record of Final Adoption
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 6th day of
August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
final adoption of the Resolution.
Seconded by Council Member Beurs-
kens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Hammal, Kluesner,
Kronfeldt.
Nays--Council Member Deich.
Abeent--Councfl Member Manning.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 260-84
WHEREAS, proposed plans and
specifications and form of contract for
the Replacement of Residential Water
Meters (5/8" Size) have been approved
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 ali objections to said plans,
specifications or contract for or cost of
such improvements, said time being
this 6th day of August, 1984; and
WHEREAS, the City Council met in
regular session this 6th day of August,
1984, at 7:30 p.m. at the City Hall
Council Chambers for the purpose of
hearing ail interested parties and con-
sidering any and ail 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
heard and ail objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
Regular Session, August 6, 1984
329
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon all
objections wMch have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Klucener moved
adoption of the Resolution, Seconded
by Council Member Beurskans. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Kluesner,
Kronfeldt.
Nays--Council Member Deich.
Absent--Council Member Manning.
(Ordering Canstruction)
RESOLUTION NO. 261-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 226-84 which was duly
passed by this Council for the Replace-
ment of Residential Water Meters
(5/8" Size) be and the same are hereby
ordered and constructed by this Coun-
cji upon its own motion and with or
without the petition of property
owners. Ail 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 Water Con-
structlon Fund,
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted tMs
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammal, Kluesner,
Kronfeldt.
Nays--Council Member Deich.
Abeent--Council Member Manning.
Proof of publication, certified to by
the Publisher, on Notice to Bidders for
the above Project AND Communica-
tion of City Manager recommending to
award bid for above to Rockwell Inter-
national, presented and read.
Council Member Kluesner moved
that the proof of publication and com-
munication be received and filed.
Seconded by Council Member Beurs-
kens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Kluesner,
Kronfaldt.
Nays--Canncfl Member Deich.
Absent--Canncfl Member Manning.
(Awarding Contract)
RESOLUTION NO. 262-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Beeidentini Water Meter Exchange
Program pursuant to Resolution No.
261-84 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on July 19, 1984.
WHEREAS, said sealed proposals
were opened and read on July 30, 1984
and it has been determined that the
bid of Rockwell International of Pitts-
burgh, Pennsylvania in the amount of
$390,000 was the lowest bid for the
furnishing of all labor and materials
and performing the work as provided
for in the plans and speeificatlons.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above mentioned im-
provement be awarded to Rockwell In-
ternationni and the Manager be and is
hereby directed to execute a contract
330
Regular Session, August 6, 1984
on behalf of the City of Dubuque for
the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Hammel, Khies-
ner, Kronfeldt.
Nays--Council Member Dalch.
Absent--Council Member Manning.
Communication of City Manager
submitting public bidding procedures
for the grading and drainage facilities
for the Northwest Arterial from Penn.
Ave. to Asbury Road. presented and
read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
(Necessity for Improvement)
RESOLUTION NO. 263-84
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.
fice 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 Northwest Arterial Grading and
Drainage Contract, from Pennsylvania
Avenue to Asbury Road.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sidaration 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-
dl and are now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
from General Obligation Bonds, and
Federal Aid to Urban Systems Funds.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 6th day of
August, 1984.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved ap-
proval of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas-Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Manning.
~Preliminary Approval of Plans, Etc.)
RESOLUTION NO. 264-84
BE IT RESOLVED BY THE City
~ouncil of the City of Dubuque, Iowa,
that the proposed plans, specs, etc.
and all other documents for the
NORTHWEST ARTERIAL GRAD-
ING AND DRAINAGE CONTRACT,
FROM PENNSYLVANIA AVE. TO
ASBURY ROAD, with the estimated
cost of the improvement to be
$1,015,519.12, are hereby approved
and ordered filed in the Office of the
City Clerk for public inspection and
Regular Session, August 6, 1984
331
are to be considered part of this
Resolution.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hannnal moved
adoption of the Resolution. Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
(Fixing Date of Hearing and Author-
izing Advertisement for Proposals)
RESOLUTION NO. 265-84
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-
lice of the City Clerk for public inspec-
tion for the Northwest Arterial
Grading and Drainage Contract, from
Pennsylvania Avenue to Asbury
Read, and
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spectinn.
NOW, THEREFORE, BE IT
RESOLVED that on the 17th day of
September, 1984, a public hearing will
be held at 7:30 p.m. in the Public
Library Auditorium at which time in-
terested persons may appear and be
heard for or against the proposed
plans and specifications, form of con-
tract 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 circula-
tion in the City of Dubuque, Iowa,
which notice shall not be less than four
days nor more than twenty days prior
to the day fixed for its consideration,
and unless interested persons at the
time of the final consideration of the
)reposed Resolution of Necessity have
filed objections with the City Clerk,
they shall be deemed to have waived
all objections thereto.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
lirected to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 31st day of August, 1984. Bids 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 17th day of September,
1984.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Dave Simon, Chairperson of the
Human Rights Commission, submit-
ted a report of the Commission as re-
quested during the Budget Work Ses-
sion, presented and read.
Council Member Beurskens moved
,hat the report be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammal,
Kluesner, Kronfaldt. Nays--None.
Absent--Council Member Manning.
Petition of Jolm W. Moore re-
questing to address the Council re-
garding land contract basis for proper-
332
Regular Session, August 6,1984
located on Hill Street, presented and
read.
Council Member Deich moved that
the petition be received and filed and
nmtter referred to the Staff. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Petition of Richard J. Kramar et al
(10 signers) regarding situation sur-
rounding Sergeant Pepper's located on
Kaufmann Ave., presented and read.
Council Member Dcich moved that
the petition be received and filed,
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskans, Deich, Hammel
Kluesner, Kronfeldt.
Nays--None.
Absant--Cnancil Member Manning.
Petition of Mr. and Mrs. Sam
Bechen requesting Council to
establish a closing time of 9:00 p.m. for
the Splash Down Water Slide located
at 4100 Pennsylvania Ave., presented
and read,
Council Member Kranfaldt moved
that the petition be referred to the
Legal Staff and the City Manager.
Seconded by Council Member Beur-
skans. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Dalch, Hamme]
Klueener, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Communication of City Manager re-
questing authorization to execute Ar-
chitectural~Engineering and construe-
tion Management Agreements with
the Durrant Group, Inc., presented
and read.
Council Member Banrskans moved
that the communication be received
and filed, Seconded by Council Mem-
ber Kronfcidt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskans, Dalch, Hamme]
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
A RESOLUTION Approving con-
tracts for Architoctural/Engineerlng
Agreement with the Durrant Group,
Inc. for a fee of $395,000 for the design
of the Dubuque Dog Racing Facility
and a Construction Management
Agreement with the Durrant Group,
Inc. for an amount not to exceed
$206,000 and authorizing the City
Manager to execute the Agreements,
presented and read.
Council Member Beurskens moved
to table the question of the Construc-
tion Management Agreement to
Wednesday, August 8. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskans, Deich, Hammel,
(xonfeldt.
Nays--Canncfl Member Kluesner.
Absent--Council Member Manning.
RESOLUTION NO. 266-84
Approving Contracts for ArehRec-
tural/Engineering Services for the
Dubuque Dog Racing Facility
WHEREAS, Chaplain Schmitt
Memorial Island has been selected as
the site for the Dubuque dog racing
facility; and
WHEREAS, application for a li-
cense for the dog racing facility was
made to the Iowa State Racing Com-
mission on June 1, 1984; and
WHEREAS, the Iowa State Raci~:
Commission issued a license to the
Dubuque Racing Association on July
25, 1984; and
WHEREAS, voters of Dubuque on
April 24, 1984, favorably favored the
issuance of $6.5 million to General
Obligation Bonds for funding of the
facility; and
WHEREAS, the City Council at its
regular meeting on June 4, 1984, can-
curred in the selection of the Darrant
Group, Inc. as the prime architec-
tucal/engineerlng firm and Shire Hat-
tery Engineers of Dubuque, Iowa and
Regular Session, August 6, 1984
333
Bird, Fujimoto and Fish of San Diego,
California as associates to the Durrant
Group; and
WHEREAS, a contract has been
negotiated with the Durrant Group,
Inc. for both the architectural/en-
gineering services and construction
management services.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the architec-
rural/engineering agreement with the
Durrant Group, Inc. for a fee of
$395,000 for the design of the Dubuque
dog racing facility be accepted and ap-
proved,
Section 2. That the City Manager be
authorized to execute the agreements
with the Durrant Group, Inc. for pro-
viding architectural/engineering se~
vices for the Dubuque dog racing
facility.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kranfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskans, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Communication of City Manager
submitting Ordinance recommending
placement of directional signs for Mcr-
cy Health Center, at their two major
driveway entrances on Mazzuchelli
Street, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Dcich. Carried by the follow-
/rig vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
ORDINANCE NO. 22-84
AN ORDINANCE AUTHORIZING
MERCY HEALTH CENTER TO
CONSTRUCT TWO DIRECTIONAL
SIGNS, presented and read.
Council Member Hammci moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Deich, Hammci,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Council Member Hammci 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 Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
ORDINANCE NO. 22-84
AN ORDINANCE AUTHORIZING
MERCY HEALTH CENTER TO
CONSTRUCT 2 DIRECTIONAL
SIGNS.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section l. That Mercy Health Cen-
ter as owners of the premises known as
Mercy Health Center - St. Joseph's
Unit, Dubuque, Iowa, and legally
described as Lot 2 of Lot 1 of Lbt 5 of
Mineral Lot 72 and Lot 2 of Lot 2 of
Lot 1 of Lot 732 be and they are
hereby granted the revocable permit
and authority to construct and main-
tain directional signs under the terms
and conditions set forth in this Ordi-
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the
City Manager, and in accordance with
all applicable state and federal laws
334
Regular Session, August 6, 1984
and regulations, and the Ordinances of
the City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on pem~ittees' agreement to:
a) Assume any and all liability for
damages to persotm or property winch
may result from the existence, loca-
tion, installation, construction or main-
tenance of said signs;
b) Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shah become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the loca-
tion, installation, existence, construc-
tion or maintenance of said signs
sustained by any person or persons,
caused by accident or otherwise to
defend at its own expense and on
behaff of said City any claim against
the City of Dubuque arising out of the
location, installation, existence, con-
struction or maintenance of signs and
to pay reosonable attorney fees there-
fore; and
c) Indem~fify and hold the City of
Dubuque free and harmless from any
and ail claims, loss, liability and
expense for death and/or injuries to
third persons or damages to property
of third persons, or for damage to any
property of the City of Dubuque which
tion with the location, installation
constraction, maintenance and repair
of the facility, work or improvement
perrnitted herein.
Section 4. That the permission
herein granted is expressly conditioned
that should the right and privilege
herein granted be rescinded or revoked
by the City Council, permlttees, or
their successors in interest, as owners
of the abutting property, shall within
ten (10) days after receipt of written
notice from the City Manager, so to
do, at their own expense, remove said
signs and in the event of their failure
so to do, the City of Dubuque shall be
authorized to remove said signs at per-
mittees' expense and dispose of the
same, and the permittee shah have no
claim against the City or its agents for
damages resulting from the removal of
said signs.
Section 5, That pennittees conven-
ant and agree that the revocable per-
mit herein granted does not constitute
an approval of the design, erection,
location, construction, or repair or
maintsnance of said facility and said
permittees hereby convenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of clahn asserted for death, per-
sonal injuries and/or property damage
against the permittees arising out of or
m any way connected with the loca:
tion, installation, construction, design,
repair and maintenance of the facil-
ity herein permitted.
Section 6. This Ordinance shall
become effective and the rights here-
under accrue to Mercy Health Center
when this Ordinance has been adopted
by the City Council and the terms and
conditions thereof accepted by permit-
tees by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk be
and he is authorized and directed to
file at permittees' expense a copy of
this Ordinance in the office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE
NO. 22-84
The undersigned having read and
being familiar with the terms and con-
dltions of Ordinance No. 22-84 hereby,
for themselves, their successors or
asslgus, as owners of the abutting prop-
erty, accept the same and agree to be
bound by the conditions and agree-
ments therein contained to be per-
formed by pennittees.
Dated July 2, 1984
By:/s/Sister Helen Huewe O.S.F.
V-President
Published officially in the Telegraph
Herald newspaper this 13th day of
August, 1984.
Mary A. Davis
City Clerk
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueener, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Communication of Planning and
Zoning Commission approving final
plat of Subd. of Lot 1 of Cathedral
Regular Session, August 6, 1984
335
St. Mary's St. and Emmett Street,
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-
bors Beurskens, Deich, Hammel,
Elueener, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
RESOLUTION NO. 267-84
~eeeiotinn Approving the Final Plat
of the Subdivision of Lot I of
C~thedral Center in th& City of Dubu-
que, Iowa.
WHEREAS, there is on file with the
City Clerk a final plat of the subdivi-
s~on of Lot i of Cathedral Center in the
City of Dubuque, Iowa; and
WHEREAS, said final plat has been
examined by the City Planning and
Zoning Commission and they found
that the same conforms to the statutes
and ordinances relating thereto, ex-
copt that Lot 1-1 does not contain suf-
llcient off-street parking spaces and
Lot 3-1 is not a buildable lot in itself;
and
WHEREAS, said final plat has been
approved by the City Planning and
Zoning Commission on the condition
that 23 parking spaces be provided to
Lot 1-1 of Cathedral Center from Lot
2-1 of Cathedral Center and/or City
Lot 605 and/or City Lot 606, and Lot
3-1 of Cathedral Center only be
developable in conjunction with a
larger developable lot; and
WHEREAS, said final plat has been
examined by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto; and
WHEREAS, the City Council con-
curs in the conditions of approval
established by the City Planning and
Zoning Commission;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the above-described
final plat be and the same is hereby ap-
proved and the Mayor and Clerk be
and are hereby authorized and directed
to endorse the approval of the City of
Dubuque upon said plat provided that
the owner of said property shall ex-
ecute a written acceptance hereto aP
tached, acknowledging and agreeing:
a) Twenty-three parking spaces be
provided to LOt 1-1 of Cathedral
Center from LOt 2-1 and/or of
Cathedral Center City Lot 605
and/or City Lot 606;
b) Lot 3-1 of Cathedral Center only
be developable in conjunction
with a larger developable lot.
Section 2. That the event the owner
f~ils to execute the Acceptance provid-
ed for in Section i herein within forty-
five (45) days after the date of this
R~solution, the provisions herein shall
be null and void and the approval of
the Plat shall not be effective.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel 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. Nays--None.
Absent--Council Member Manning.
Communication of Planning and
Zoning Commission approving final
plat of Council Hills Subdivision,
located north of Fremont and south of
Parkland Hill Drive and recommen-
ding approval of changing the name of
Parkland Hill Drive to Council Hill
Drive, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Kinesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt.
Nays--None.
Abstain--Council Member Beur-
Absent--Council Member Manning.
336
Regular Session, August 6, 1984
RESOLUTION NO. 268-84
A Resolution Approving the Final
Plat of "Council Hills Subdivision" in
the City of Dubuque, Iowa and
proving the Vacation Plat of the Five
Feet Wide Public Utility Easements
Between Lot $ and Lot 4 of Block 10 of
"Knob Hill" in the City of Dubuque,
Iowa.
WHEREAS, there has been filed
with the City Clerk a final plat of
Council Hills Subdivision in the City of
Dubuque, Iowa; and
WHEREAS, sald plat has been ex-
amined by the Planning and Zoning
Commission and bas this approval en-
dorsed thereon; and
WHEREAS, there has also been ill-
ed with tho City Clerk a vacation plat
of five feet wide public utility ease-
ment between Lot 3 and Lot 4 of Block
10, "Knob Hill" in the City of Dubu-
que, Iowa; and
WHEREAS, said plats have been
examined by the City Council and the
City Council finds that the same con-
forms to the statutes and ordinances
relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the vacation plat of
the five feet wide public utility eas~-
ment between Lot 3 and Lot 4 of Block
10 "Knob Hill"in the City of Dubuque,
Iowa be in the same as hereby approv-
ed and the Mayor and City Clerk ar~
hereby authorized and directed to eh-
dorse the approval of the City of Dubu-
qua, Iowa upon said pla~
Section 2. That the final plat of
Council Hills Subdivision in the City
of Dubuque, Iowa be and the same is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, lows upon said piat
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Hammel, Kluesner, Kron-
eldt.
Nays--None.
Abstain--Council Member Beurs-
kens.
Absent--Council Member Manning.
An ORDINANCE Changing the
name of Parkland Hill Drive to Council
Hill Drive, presented and read.
Council Member Hammel moved
that the reading just had be con-
sldered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner, Kron-
Feldt.
Nays--None.
Abstain--Council Member Beurs-
kens.
Absent--Council Member Manning.
ORDINANCE NO. 24.84
AN ORDINANCE CHANGING THE
qAME OF BREVEN DRIVE TO AR-
BORETUM DRIVE, presented and
read.
Council Member Kronfeldt moved
that the reading just had been con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Ktuesner, Kronfeldt. Nays--None.
Absent--Council Member Manning.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Beurskens. Car-
ried b~ the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Manning.
ORDINANCE NO. 24-84
AN ORDINANCE CHANGING
THE NAME OF BREVEN DRIVE
TO ARBORETUM DRIVE.
Regular Session, August 6, 1984
337
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the name of Breven
Drive be and the same is hereby
changed to Arboretum Drive.
Section 2. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of the Ordi-
nance in the office of the County
Recorder and County Auditor of
Dubuque County, Iowa.
Section 8. This Ordinance shah be
in full force and effect from and after
its final passage, adoption and publi-
cation as by law provided.
PASSED, APPROVED AND
ADOPTED this 6th day of August,
1984.
JAMES E. BRADY, MAYOR
ATTEST:
MARY A. DAVIS, CITY CLERK
Published officially in the Telegraph
Herald newspaper this 10th day of
August, 1984.
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
ORDINANCE NO. 25-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING ARTICLE III OF CHAPTER 7
COMPRISED OF SECTIONS 7-75
THRU 7-84 THEREOF PROVIDING
FOR DEFINING DANGEROUS
ANIMALS AND THE KEEPING,
SEIZURE, IMPOUNDMENT AND
DISPOSITION OF SUCH ANI-
MALS, SAID ORDINANCE HAV-
ING BEEN presented and read at the
Council Meetings of July 2, 1984 and
July 16, 1984, presented for final adop-
tion.
ORDINANCE NO. 25-84
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY ENACTING ARTICLE III OF
CHAPTER 7 COMPRISED OF SEC-
TIONS 7-75 THROUGH 7-84
THEREOF PROVIDING FOR
DEFINING DANGEROUS ANI-
MALS AND THE KEEPING, SEI-
ZURE, IMPOUNDMENT AND
DISPOSITION OF SUCH ANI-
MALS.
WHEREAS, the presence of animals
described as dangerous threaten the
safety and pleasantness of streets,
parks, sidewalks, yards, and all areas
of the City; and
WHEREAS, it is deemed to be
essential and imperatlve to adopt regu-
lations governing dangerous animals to
protect the health, so. fety and welfare
of the residents of the City of
Dubuque.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be mnended by enacting Article III of
Chapter 7 comprised of Sections 7-75
through 7-84 thereof providing as
follows:
"ARTICLE III. DANGEROUS
ANIMALS
Sec. 7-75. Definitions. Unless other-
wise expressly stated or the context
clearly indicates a different intention,
the following terms shall, for the pur-
pose of this Article, have the meanings
in this section.
1) Any animal which is not natu-
rally tame or gentle, and which is of a
wild nature or disposition, and which
is capable of killing, inflicting serious
injury upon, or causing disease among,
human beings or domestic animals and
to do so;
2) Any animals declared to be dan-
gerous by the Board of Health or the
City Manager or his designee; or
3) The following animals which shall
be deemed to be dangerous animals per
se;
A) Lions, tigers, jaguars, leopards,
cougars, lynx and bobcats;
B) Wolves, coyotes and foxes;
C) Badgers, wolverines, weasels,
skunks and mink;
D) Racoons;
E) Bears;
F) Monkeys and chimpanzees;
G) Alligators and crocodiles;
H) Scorpions;
I) Snakes that are venomous or con-
J) Gila monsters; and
K) Any cross breed of such animals
which have similar characteristics of
the animals specilied above
338
Regular Session, August 6, 1984
"Board of Health" means the Board
of Health of the City of Dubuque,
Iowa.
*'City" means the City of Dubuque.
"City Manager", "Chief of Police",
"City Clerk", and "Health Services
Officer", means those employees of
the City of Dubuque duly appointed
and holding those positions.
"Health Services Division", means
the Health Services Division of the
City of Dubuque.
Sec. 7-76. Dogs/Cats Exempted.
The provisions of Article III shall not
apply to domestic dogs or cats.
Sec. 7-77. Keeping of Dangerous
Animals Prohibited. No person shall
keep, shelter, or harbor for any pur-
pose within the City of Dubuque a
dangerous animal except as provided
in Sections 7-78, 7-79, and 7-82 of this
Article.
Sec. 7-78. Dangerous Animal
Exceptions. The prohibition con-
tained in Section 7-77 and the licensing
provisions of Section 7-79 of this Code
shall not apply to the keeping of dan-
gerous anhnals in the following circum-
stances:
1) The keeping of dangerous animah
in a public zco, bonallde educational
or medical institution, humane society,
or museum where they are kept as live
specimens for the public to view, or for
the purpose of inalzuction, research or
study.
2) The keeping of dangerous animals
for exhibition to the pubhc by a bona-
fide traveling circus, carnival, exhibit
or show licensed to perform in the
City.
3) The keeping of dangerous animals
in a bonafide, licensed veterinary hos-
pital for treatment.
4) The keeping of dangerous animals
by a wildlife re~cue organization with
appropriate permit from the Iowa
Conservation Commission.
5) Any dangerous animals under the
jurisdiction of and in the possession of
the Iowa Conservation Commission
pursuant to Chapter 109 and 109A of
the Iowa Code.
6) The keeping and offering for sale
of dangerous animals in a bonafide
commerciM pet shop establishment
licensed and inspected by the Iowa
Department of Agticulture. Sec. 7-79. Licenses.
(a) Animals determined to be dan-
gerous animals under this Ordinance
sbail be licensed. The license fee per
year shall be Ten ($10.00) Dollars per
(b) All licenses shall expire on July
First of each year following issuance
of said license and shall become delin.
quent on September first of the year
due. A penalty of F/ve ($5.00) Dollars
shall be added to the required license
fee for each delinquent license.
(c) Upon acquiring a dangerous ani-
mai, the owner shall obtain a license
within seven (7) days after acquisition.
Thereafter, a penalty of Five ($5.00)
Dollars shail be added to the required
license fee.
(d) It shall be the duty of any per.
son who sells, transfers or gives away a
licensed dangerous animal to notify the
City Clerk within forty-eight (48~
hours of such sale, transfer or gift with
the name and address of the new
owner and the date of sale, transfer or
(e) A dangerous animal license is not
transferable and the owners shall
notify the City Clerk within forty-eight
hours if the animal is moved to a loca-
tion other than listed in the license
application.
Sec. 7-80. Office Designated.
The City Clerk is designated as the
official agent of the City for the pur-
pose of issuing City dangerous animal
Sec. 7-81. Application.
(1) Every person, finn or corpora-
tion owning, keeping, sheltering or har-
bering a dangerous animal shall apply
for a license in the office of the City
Clerk on forms provided by the City
Manager. The forms shall provide
A) the species name of each
animal;
B) the number of such animals of
each such species kept on the
~remises;
C) a physical description of each
such animal, including any pet name
to which it might respond;
D) the location of such animal or
animals within the City, including the
location of the cage or place of con-
wherein said animal or animals are
kept; and
E) in the case of poisonous, danger-
pus animals, the location for the
nearest source of anti-venom for that
(2) Every application shah be accom-
partied by a certificate of insurance
from an insurance company authorized
to do business in the State of Iowa
with coverage of at least $100,000 com-
i bined single limit liability for bodily
injury. Such certificate of insurance
shall provide that no cancellation of
(10) days written notice is first given
the City Clerk.
Regular Session, August 6, 1984
339
Sec. 7-82. Regulation of Keeping
Dangerous Animals.
1) Every person, firm or corporation
keeping, sheltering or harboring a dan-
gerous animal shall at all times keep
such animal s~curely confined within a
cage or other enclosure approved by
the Health Services Officer.
2) No person, firm or corporation
owning, keeping, sheltering or harbor-
hig a dangerous animal shall permit or
allow such animal to enter upon or
traverse any public property, park
property, public right-af-way, or any
business establishment licensed by the
City of Dubuque, or the property of
another except when such animal is
being transported while caged or con-
3) It shall be the duty of the licensee
to report to the City Clerk/Police
Department when any dangerous ani-
malls found missing.
4) No person shall keep or harbor a
dangerous animal which ires demon-
stratsd a propensity without provoca-
fion to attack or bite.
Sec. 7-83. General Prohibition and
Duty. No person shall aid or cause
any dangerous animal, whether owned
by such person or not, to escape con-
finement or impoundment, whether
such eanfinement or impoundment be
upon the such person's property or
that of another by opening any gate,
door or window or making any opening
of any fence, enclosure or structure or
by unleashing such animal.
Sec. 7~4. Seizure, Impoundment
and Disposition of Dangerous Ani-
1) In the event that a dangerous ani-
mal ls found at large and unattended
upon public property, park property,
public right-of-way, or the property of
someone other than its owner, thereby
creating a hazard to p~rson or prop-
erty, such animal may, in the discre-
tion of the Health Services Officer or
his ds/ignee, or the Chief of Police, be
destroyed if it cannot be confined or
captured. The City shall be under no
duty to attempt the confinement or
capture of a dangerous animal found
at large, nor shall it have a duty to
notify the owner of such animal prior
to its destruction.
2) Upon the complaint of any indi-
vidual that a person is keeping, shel-
tering, or harboring a dangerous
animal on premises in the City in v/o-
lation of Sections 7-77, 7-79, 7-82, 7-83
or who keeps a dangerous animal
which has demonstrated a propensity
to attack or bite without provocation,
the Health Services Officer shall cause
the matter to be investigated, and if
after investigation, the facts indicate
that the person named in the com-
plaint is keeping, sheltering or harbor-
ing a dangerous animal in the City, the
Health Services Officer shall order the
person named in the complaint to
safely remove such animal from the
City, permanently place the animal
with an organization or group allowed
under Section 7-78 of this Code to pos-
sess dangerous anlmah, or destroy the
animal, within three (3) days of the
receipt of such order. Such order shall
be contained in a notice to remove the
dangerous animal, which notice shall
be given in writing to the person keep-
lng, sheltering or harboring the danger-
pus animal, and shall be served person-
ally or by certified mail. Such order
and notice to remove the dangerous
animal shall not be required where
such dangerous animal has previously
caused serious physical harm or death
to any person in which case the Health
Services Officer shall cause the animal
to be immediately seized and im-
pounded or killed if seizure and
impoundment are not possible without
risk of serious physical harm or death
to aay person.
3) The order to remove a dangerous
animal issued by the Health Services
Officer may be appealed to the Board
of Health. In order to appeal such
order, written notice of appeal must
be filed with the City Clerk within
three (3) days after receipt of the order
conta/ned in the notice to remove the
dangerous animal. Failure to file such
written notice of appeal shall consti-
tute a waiver of tight to appeal the
order of the Health Sendces Officer.
4) The notice of appeal shall state
the grounds for such appeal and shall
be delivered personally or by certified
mail to the City Clerk. The hearing of
such appeal shah be scheduled within
seven (7) days of the receipt of notice
of appeal. The hearing may be contin-
ued for good cause.
After such hearing, the Board of
Health may affirm or reverse the order
of the Health Services Officer. Such
determination shall be contained in a
written decision and shall be filed with
the City Clerk within three (3) days
after the hearing, or any continued
session thereof.
5) If the Board of Health affirms the
action of the Health Services Officer,
the Board of Health shall order in its
written decision that the individual or
entity owning, sheltering, harboring, or
keeping such dangerous animal, remove
such animal from the City, perman-
Regular Session, August 6, 1984
entiy place such animal with an orga-
nization or group allowed under
Section 7-78 of this Code to possess
dangerous animal, or destroy it. The
decision and order shall immediately
be served upon the person or entity
against whom rendered in the same
manner as the notice of removal. If the
original order of the Health Services
officer is not appealed and is not com-
plied with within three (3) days of the
order of the Board of Health after
appeal is not complied with within
three (3) days of its issuance, the
Health Services Officer or his designee
is authorized to seize and impound
such dangerous animal. An animal so
seized shall be impounded for a petiod
of seven (7) days. If at the end of the
impoundment petiod, the Individual or
entity against whom the decision and
order of the Health Services Officer or
Board of Health w~ issued has not
petitioned the Dubuque County Dis-
txict Court for a review of said order~
the Health Services Officer shall cause
the animal to be disposed of by sale,
permanently place such animal with
an organization or group allowed under
Section 7-78 of this Code to possess
dangerous adimais, or destroy such
animalin a humane manner.
PASSED, APPROVED AND
ADOPTED this 6th day of August,
1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
Augast, 1984.
Mary A. Davis
City Clerk
It 8/10
Council Member Deich moved final
adoption of the Ordinance. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Manning.
Petition of Nites of Square Table re-
questing to transfer their Beer Permit
to the Tri-State Independent Blind
Society at 1098 Jackson St. on Aug.
17, 18, and 19th, presented and read.
Council Member Deich moved that
the petition be received and filed and
transfer granted. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 269-84
BE IT RESOLVED by the City
.~ouncil of the City of Dubuque, Iowa,
timt 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 within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
Mulgrew Oil Company
1450 Loras Blvd.
Angle Watters
1097 Jackson St.
Dick Zee Wohg
~78 Main St.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klansner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
RESOLUTION NO. 270-84
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 o.c-
cupied by such applicants were
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE BE IT RE-
Regular Session, August 6,1984
341
SOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
Saint Cohimbldile Church
1240 Rush St.
(Also Sunday Sales)
Church of the Nativity
1225 Alta Vista
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Iowa Oil Co. 1998 Jackson St.
IAlso Sunday Sales)
Iowa Oil Co. 2335 University
(Also Sunday Sales)
Earl Glenn Corbett 408 W. Locust
(Also Sunday Sales)
l~amily Mart, Inc. 3201 Central Ave.
IAlse Sunday Sales)
Mulgrew Oil Company
1450 Loras Blvd.
(Also Sunday Sales)
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop.
tion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, HammeI,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
RESOLUTION NO. 271-84
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 oc-
cupied by such applicants were in~
spected and found to comply with the
State Law and ali City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Imperial Lanes, Inc.
3505 Stonemau Rd.
(Also Sunday Sales)
James J. Khiuer 1646 Asbury Rd.
Thomas J. Schrobilgrn
1121 University Ave.
Clara L. Johnson and Judy A. Besler
385 E. 13th St.
Angle R. Watters 1097 Jackson St.
Passed, approved and adopted this
6th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
ion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Manning.
Printed Council Proceedings for
month of April, 1984 for approval,
presented for approval.
Council Member Beurskens moved
that the proceedings be approved as
printed. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Manning.
MINUTES SUBMITTED: Airport
Comm. of 7-11; Cable Comm.
Teleprogramming Comm. of 7-17;
Cable TV Regulatory Comm. of 7-11;
,Electrical Examining Bal. of 7-9; Joint
Meeting of Housing and Community
Development Comm. of 7-13; Historic
Preservation Coram. of 7-6, 7-10 and
%17; Transit Bd. of 7-12; Comparative
Earnings statement of Transit System
342
Regular Session, August 6, 1984
for month of June, 1984; Planning and
Zoning Comm. of 7-11; Board of Zon-
ing Adjustment of 7-19; Five Flags
Comm. of 7-16; presented and read.
Council Member Bearskens moved
that the minutes be received and filed.
Seconded by Council Member Ham-
reel. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
NOTICES OF CLAIMS AND SUITS:
Daniel Bastian in unknown amt. for
car damages; Philip J. Bisenius in amt.
of $150,000 for personal injuries and
damages; Lois D. Clark in unknown
amt. for car damages; James J. Kress
on behalf of Robert Kress {minor) in
amount of $94 for personal injuries;
Leo Link, father of Jeffrey Link, in
amt. of $100,000 for wrongful death of
Jeffrey Link; Terry J. Link for per-
sonai and property damages; Michael
J. Noel in unknown amt. for car
damages; Raymond P. Shickel in est.
amt. of $38 for car damages; Steven J.
Turner in unknown amt. for tire
damages; Lavern N. & Margaret M.
Hingtgen in amt. of $313.36 for
backed-up sewer damages, presented
and read.
Council Member Beurskens moved
that the claims and suits be referred to
the Legal Staff for invce~igatlon and
report. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Klucener, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Communications of Corporation
Counsel Lindahl recommending denial
of the following claims: property
damage claim of Kevin Ansel; Im-
proper arrest claim of Rick Bradley;
Property damage claim of John G.
Felton; Property damage claim of Bill
Steffel, presented and read.
Council Member Beurskens moved
that the communications be received
and filed and denials approved.
Seconded by Council Member Ham-
mel. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt,
Nays--None.
Absent--Counell Member Manning.
Proof of publication, certified to by
the Publisher, on Notice of Grantee
Performance Report for Dubuque's
Jobs Bill Programs to Housing and
Urban Development has been filed;
Notice of Intent to file a release of
funds for the "Redstane" project from
the Community Development Block
Grant Program and Notice of Intent
to file a release of funds for the
"Redstone" project from the Urban
Development Action Grant Program,
presented and read.
Council Member Beurskens moved
that the proofs be received and filed.
Seconded by Council Member Ham-
mel, Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskons, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absant--Cannell Member Manning.
Proof of publication, certified to by
the Publisher, of List of Claims and
Receipts for month of June, 1984;
Communication of City Manager sub-
mltthig reports of the Finance Direc-
ter and City Treasurer for month of
June, 1984, presented and read.
Council Member Beurskens moved
that the proof and communication be
received and filed. Seconded by Coun-
cil Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Klueaner, Kronfeldt. Nays--None.
Absent--Council Member Manning.
Communication of Judie Schiel sub-
mifttlng resignation from Historic
Preservation Commission, presented
and read.
Council Member Beurskans moved
that the communication ha received
and filed and resignation accepted
with regret. Seconded by Council
Member Hammel. Carried by the fol-
lowing vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Daich, Hammel,
Regular Session, AUgust 6, 1984
343
Yduesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Jim Shaffer spoke objecting to the
passage of the Arboretum Drive Or-
dinance being adopted all on one night,
and stressed that we must always
remember this park as "Marshall
Park"·
Council Member Kronfeldt moved to
reconsider action taken on July 16,
1984, regarding final adoption of Or-
dlnance No. 20-84, Providing for Men-
thly Subscriber Rates and Charges for
Cable Television Basic Services.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None,
Absent--Council Member Manning.
Council Member Kronfuldt moved to
recess this Council Meeting until
August 8, 1984 at 7:30 p.m. in the City
Hall Council Chambers. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Daich, Hammel,
Klueaner, Kronfeldt.
Nays~-None.
Absent--Council Member Manning.
August 8, 1984
RECESSED SESSION OF AUGUST
6, 1984.
Council reconvened in Session at
7'.30 p.m., City Hall Council Chambers.
PRESENT: Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, City Manager W.
Kenneth Gearhart, Corporation
Counsel William G. Blum.
Abeent--Counell Member Manning.
Council Member Kronfeldt moved
that Ordinance No. 20-84 Providing
fur monthly Subscriber rates and
charges for Cable Television Basic Ser-
vices, be tabled to the Council Meeting
of August 20, 1984. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
There being no further business,
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
Mary A. Davis
City Clerk
Approved 1984
Adopted 1984
Mayor
Council Members
ATTEST:
City Clerk
Special Session, August 8, 1984
CITY COUNCIL
OFFICIAL
Special Session, August 8, 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, City Manager W.
Kenneth Gearhart, Corporation Coun-
sel William G. Binm.
Absent--Council Member Manning.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to consider approval of
documents regarding the issuance of
bonds for the Dubuque Dog Racing
Facility and acting upon such other
business which may properly come
before the Council.
Council Member Hammel moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch,
Kluesner, Krunfeldt.
Nays--None.
Absent--Council Member Manning.
Aruie Honkamp introduced the
members of the Racing Assn. and
stated there would be 250 new
employees for this enterprise from
May through October. Dave Clemens
spoke on the current status of the pro-
ject.
Charlie Kurt & Norman Wirkler of
the Durrant Group spoke on the Site
and Traffic Plan.
RESOLUTION NO. 272-84
Resolution Fixing Date for a meeting
on the Proposition of the Issuance of
$1,4~0,000 General Obligation Bonds
(For an Essential Corporate Purpose)
of Dubuque, Iowa, and Providing for
Publication of Notice Thereof
WHEREAS, it is deemed necessary
and advisable that the City of Dubu-
que, Iowa, should issue General
Obligation Bonds to the amount of
$1,400,000, as authorized by Section
384.25, of the City Code of Iowa, for
the purpose of providing funds to pay
costs of carrying out an essential cot,
porate purpose project as hereinafter
described; and
WHEREAS, before said bonds may
be issued, it is necessary to comply
with the provisions of said Code, and
to publish a notice of the proposal to
issue such bonds and of the time and
place of the meeting at which the
Council proposes to take action for tha
issuance of the bonds and to receive
oral and/or written objections from
any resident or property owner of said
City to such action;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council meet in
the Public Library AudiWrium, Dubu-
que, Iowa, at 7:30 o'clock P.M., on the
20th day of August, 1984, for the pub
pose of ta~ing action on the matter of
the issuance of $1,400,000 General
Obligation Bonds for an essential co~
porate purpose of said City, the pro-
c~eds of which bonds will be used to
provide funds to pay costs of the ac-
quisition, construction and equipping
of facilities useful for the collection,
treatment and disposal of sewage in a
sanitary manner, for the collection and
disposal of surface waters and
streams; the acquisition, construction
and equipping of watermains and ex-
tensions; and the acquisition, con~
struction and installation of street
lighting fixtures, connections and
Section 2. That the Clerk is hereby
directed to cause at least one publica-
tion w be made of a notice of said
meeting, in a legal newspaper, printed
wholly in the English language,
published at least once weekly, and
having general circulation in said City,
said publication to be not less than
~ nor more than twenty
days before the date of said public
meeting on the issuance of said bonds.
Section 3. The notice of the proposed
action to issue said bonds shall be in
substantially the following form.
Notice of Meeting of the Council of the
City of Dubuque, Iowa, on the matter
of the Proposed Issuance of $1,400,000
General Obligation Bonds {For an Es-
Special Session, August 8, 1984
345
seotlal Corporate Purl~se) of said Ci-
ty, and the Hearing on the Issuance
Thereof
PUBLIC NOTICE is hereby given
that the Council of the City of Dubu-
que, Iowa, win hold a public hearing on
the 20th day of August, 1984, at 7:30
o'clock P.M., in the Public Library
Auditorium, Dubuque, Iowa, at which
meeting the Council proposes to take
ad&'tlonai action for the issuance of
$L400,00 General Obligation Bonds
for an essential corporate purpose of
said City, in order to provide funds to
pay costs of the acquisition, construc-
tion and equipping of facilities useful
for the collection, treatment and
disposal of sewage in a sanitary man-
ner, for the collection and disposal of
surface waters and streams; the ac-
quisitinn, construction and equipping
of watermains and extensions; and the
acquisition, construction and installa-
tion of street lighting fixtures, connec-
tions and facilities.
At the above meeting the Council
shall receive oral or written objections
from any resident or property owner of
said City, to the above action. After all
objections have been received and con-
sidered, the Council win at this
meeting or at any adjournment
thereof, take additional action for th,
issuance of said bonds or win abandon
the proposal to issue said bends.
This notice is given by order of the
Council of Dubuque, Iowa, as provided
by Section 384.25 of the City Code of
Iowa.
Dated this 8th day of August, 1984.
Mary A. Davis
City Clerk of Dubuque, Iowa
(End of Noticel
Passed, and approved this 8th day
of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beorskens. Car-
tied by the funowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammai
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Manning.
RESOLUTION NO. 273~84
Resolution Directing the Advertise-
ment for Sale of $7,900,000 General
Obligation Bonds
WHEREAS, the City of Dubuque,
Iowa, is in need of funds to pay costs
of the acquisition, construction and
equipping of facilities useful for the
collection, treatment and disposal of
sewage in a sanitary manner, for the
collection and disposal of surface
waters and streams; the acquisition,
construction and equipping of water-
mains and extensions; and the acqnisi-
tion, construction and installation of
street lighting fixtures, connections
and facilities, 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 $1,400,000
as authorized by Section 384.25 of the
City Code of Iowa; and
WHEREAS, this Council has
ordered that notice be published as re-
quired by Section 384.25 of the City
Code of Iowa, of a public meeting and
hearing to be held on September 5,
1984, upon the proposal to institute
proceedings for the issuance of general
obligation bonds for the aforesaid
eeeentiai corporate purpose and it is
deemed necessary that said bonds be
advertised for public sale to be held
following said hearing in the event
that this Council shall determine to
proceed with the issuance of the
bonds; and
WHEREAS, the City of Dubuque,
Iowa, is in need of funds to pay costs
of constructing and equipping recrea-
tional facilities consisting of a dog fac-
lng track complex in the City, a
general corporate purpose project, and
it is deemed necessary and advisable
that the City issue general obligation
bends for said purpose to the amount
of $6,500,000 as authorized by Section
384.26 of the City Code of Iowa; and
WHEREAS, this Council, pursuant
to Section 384.26 of the City Code of
Iowa, did legally call a special City
election, fixing the time and place
thereof and did legally submit to the
346
Special Session, August 8, 1984
qualified electors of said City the pro-
position of issuing general obligation
bonds in an amount not exceeding
$6,500,000 for the purpose of pro-
riding funds to pay costs of the above
described general corporate purpose
project, and did give legal sufficient
and timely notice of the election and
the time, place and purpose thereof;
and that said special City election was
duly and legally held and conducted on
April 24, 1984, all in strict compliance
with the law and the orders of said
Council and the County Commissioner
of Elections, and the affirmative vote
on said proposition was equal to more
than 60% of the total vote cast for and
against said proposition and said pro-
position was declared duly adopted;
and
WHEREAS, pursuant to Section
384.28 of the City Code of Iowa, it is
deemed appropriate that the various
general obligation bonds hereinabove
described be combined for purposes of
issuance and sale in a single issue of
corporate purpose bonds as herein-
after set forth.
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 publlc sale, pu~
suant to advertisement as 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
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 5th
day of September, 1984, at 12'00
o'clock noon, will hold a meeting to
receive and act upon bids for said
bonds; said notice to be in a form ac-
ceptable to the Council
Passed and approved this 8th day of
August, 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-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Manning.
A Resolution Authorizing City
Manager to execute document for Con-
struction Management Agreement
regarding Dubuque Dog Racing Facili-
ty with Durrant Group, Inc. in an
amount not to exceed $206,000,
presented and read.
Council Member Kinesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Vote
on the motion was as follows:
Yeas--Council Members Beurskens,
Kinesner, Kronfeldt.
Nays--Mayor Brady, Council
Member Deich.
Abstain--Council Member Hammel.
Absent--Council Member Manning.
MOTION FAILED.
Council Member Dalch moved to
direct the City Manager to advertise
for bids for Construction Manage-
merit. Seconded by Mayor Brady. Vote
on the motion was as follows:
Yeas--Mayor Brady, Council
Member Deich.
Nays--Council Members Beurskens,
Hammal, Kluesner, Kronfeldt.
Absent--Council Member Manning.
MOTION FAILED.
Mayor Brady moved to adopt a
Resolution awarding Contract to Con-
Ion Construction for construction
Management for Dog Track in the
amount of $193,500. Seconded by
Council Member Deich. Vote on the
motion was as follows:
Yeas--Mayor Brady, Council
Member Deich.
Nays--Council Members Beurskens
Kluesner, Kronfaldt.
Special Session, August 8, 1984
347
Not Voting--Council Member Hare
Absent--Council Member Manning.
MOTION FAILED.
Mayor Brady moved to reconsider
action taken on the vote for Construc-
tion Management to the Durrant
Group. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt.
Nays--None.
Abstain--Council Member Hammel.
Absent--Council Member Manning.
RESOLUTION NO. 274~84
Approving Contract for Construction
Management Services for the Dubu-
que Dog Racing Facility.
WHEREAS, Chaplain Schmitt
Memorial Island has been selected as
the site for the Dubuque dog racing
facility; and
WHEREAS, application for a
license for the dog racing facility was
made to the Iowa State Racing Com-
mission on June 1, 1984; and
WHEREAS, the Iowa State Racing
Commission issued a license to the
Dubuque Racing Association on July
25, 1984; and
WHEREAS, voters of Dubuque on
April 24, 1984, favorably favored the
issuance of $6.5 million to General
Obligation Bonds for funding of the
facility; and
WHEREAS, the City Council at its
regular meeting on June 4, 1984, con-
curred in the selection of the Durrant
Group, Inc. as the prime architec-
tural/engineering firm and Shive Hat-
tery Engineers of Dubuque, Iowa and
Bird, Fujimoto and Fish of San Diego,
California as associates to the Durrant
Group; and
WHEREAS, a contract has been
negotiated with the Durrant Group,
Inc. for construction management ser-
vices.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the construction
management agreement with the Dur-
rant Group, Inc. for an amount not to
exceed $206,000 be accepted and
proved.
Section 2. That the City Manager be
authorized to execute the agreement
with the Durrant Group, Inc. for pro-
riding construction management se~
vices for the Dubuque dog racing
facility.
Passed, approved and adopted this
8th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfaldt.
Nays--None.
Not Voting--Council Member Ham-
reel
Abeent--Council Member Manning.
Upon Council consensus, it was
resolved the following concerning the
construction of the Dog Track:
Council be given time-line for the
construction; Council mandate all
penditures by formal bidding pro-
cedure; Council mandate they be given
bi-weekly updates and that a single in-
dividual on City Staff be liason to the
Construction Management/Architec-
ture.
There being no further busines,
Council Member Hammal moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Counci! Member Manning.
Mary A. Davis
City Clerk
348
Approved
Adopted --
Special Session, August 8, 1984
~1984
~1984
Mayor
Council Members
ATTEST:
City Clerk
Special Session, August 20,1984
CITY COUNCIL
OFFICIAL
Special Session, August 20, 1984.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Maturing, City
Manager W. Kenneth Gearhart, Cor-
peration Counsel William G. Binm.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to conduct a Public
Hearing on the Issuance of $1,400,000
General Obligation Bonds and acting
upon such business which may proper-
ly come before the Council.
PROCLAMATIONS: August 26 as
"Women's Equality Day" received by
Linda Osterhamp; August 25 & 26 as
"Beginning of the Mississippi River
Revival in Dubuque" received by
Michael Braltbach.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Hammel. Carried by the following
vote:
yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesuer, Kronfeldt, Manuing.
Nays--None.
Jerry Guy of the Durrant Group
gave a report on the progress and
status of the Race Track Facility.
After discussion, upon Council con-
sensus it was resolved that Council
Member Manning be designated the
liason person to the Consultant
Management and Architect/Engineer,
and to attend Progress Meetings
regarding Dog Track.
Proof of publication, certified to by
the Publisher, on Notice of Meeting of
the City Council on the matter of the
proposed issuance of $1,400,000
General Obligation Bonds, presented
and read,
No written objections were received
prior to the public hearing and no oral
objectors were present.
Wayne McDonnell, Pres. of the
349
Operating Engineers of the State of
Iowa, questioned specifics of the site
grading of the Dog Track area.
Council Member Bearskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the follow-
ing voge:
yeas--Mayor Brady, Council Mom-
bets Bourakens, Deich, Hummel,
Klucenor, Kronfaldt, Manning.
Nays--None.
RESOLUTION NO. 275-84
Resolution Instituting Proceedings to
Take Additional Action for the Is-
suance of $1,400,~0 General Obliga-
tion Bonds
WHEREAS, pursuant to notice
published as required by law, this
Council has held a public meeting and
hearing upon the proposal to institute
proceedings for the issuance of
$1,400,000 General Obligation Bonds
for the essential corporate purpose of
raying costs of the acquisition, con-
Sructinn and equipping of facilities
useful for the conection, treatment and
disposal of sewage in a sanitary man-
ncr, for the collection and disposal of
surface waters and streams; the ac-
qalsitinn, construction and equipping
of watormains and extensions; and the
acquisition, construction and installa-
tion of street lighting fixtures, connec-
tions and facilities, and has considered
the extent of objections received from
residents or property owners as to said
proposed issuance of bonds; and, ac-
cordingly the following action is now
,~naldered to be in the best interests
of the City and residents thereof:
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That this Council does
hereby institute proceedings and takes
additional action for the sale and is-
suance in the manner required by law
of $1,400,000 General Obligation
Bonds for the foregoing essential co~
porate purpose.
Passed, and approved this 20th day
of August, 1984.
James E. Brady
Mayor
350
Special Session, August 20, 1984
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of Necessity for public
improvements, etc. for Chaplain
Schmitt Memorial Island Park and
Recreation Complex Ballpark Light-
ing, presented and read.
No written objections were received
prior to the public hearing.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--Council Member Kronfeldt.
(Necessity for Improvement)
RESOLUTION NO. 247-84
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-
fice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
merit, and an estimate of the cost for
the Chaplain Schmitt Memorial Island
Park and Recreation Complex; Ball-
park Lighting.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con~
siderathin 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-
cil and are now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
from the CIP levy, private funds, and
a grant from the Iowa Conservation
Commission and the U.S. Department
of the Interior.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 30th day of
July, 1984.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Record of Final Adoption
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 20th day of
August, 1984.
Passed, approved and adopted this
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of tbe Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--Council Member Kronfeldt.
Decision of Council Upon Objections
to Plans, Specifications, Form of Con-
tract and Cost of Improvements
RESOLUTION NO. 276-84
WHEREAS, proposed plans and
specifications and form of contract for
the Chaplain Schmitt Memorial Island
Park and Recreation Complex;
Ballpark Lighting have been approved
by the City Council of the City of
Dubuque and public notice given as
provided by the Code of Iowa pertain-
Special Session, August 20, 1984
351
hig to public contracts and bonds, and
the time and place fixed for the hear-
lng of all objections to said plans,
specifications or contract for or cost of
such improvements, said time being
this 20th day of August, 1984; and
WHEREAS, the City Council met in
special session this 20th day of
August, 1984, at 7:30 p.m. at the
Public Library Auditorium for the pur-
pose of hearing all interested parties
and considering any and all 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, all interested parties
have been given an opportunity to be
heard and ali objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, approved and adopted this
20th day of August, 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-
hers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--Council Member Kronfeldt.
(Ordering Construction)
RESOLUTION No. 277-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 247-84 which was duly
passed by this Council for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex;
Ballpark Lighting 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 CIP
levy, privat~ funds, and a grant from
the Iowa Conservation Commission
and the U.S. Department of the In-
terior.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shah be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
20th day of August, 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,
Kluesner, Manning.
Nays--Council Member Kronfeldt.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tors of the receipt of proposals for the
construction of Chaplain Schmitt
Memorial Island Park and Recreation
Complex Ballpark Lighting, AND
Communication of City Manager
recommending to award contract for
above to Tschiggfrle Excavating,
presented and read.
352
Special Session, August 20, 1984
Council Member Beurskens moved
to receive and file the proof of publica-
tion and communication. Seconded by
Council Member Klueaner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Manning.
Nays--Council Member Kronfeldt,
(Awarding Contract)
RESOLUTION NO. 278-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Recreational Park Lighting
at Chaplain Schmitt Memorial Island
pursuant to Resolution No. 249-84 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 1st day of
August, 1984.
WHEREAS, said sealed proposals
were opened and read on the 14th day
of August, 1984 and it has been deter-
mined that the bid of Tschiggfrie Ex-
cavating of Dubuque in the amount of
$263,107.13 was the lowest bid for the
furnishing of all labor and materials
and performing the work as provided
for in the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentioned ira-
provement be awarded to Tecinggfrie
Excavating and the Manager be and is
hereby directed to execute a contract
on behalf of the City of Dubuque for
the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted tins
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskans moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hummel,
Kluesner, Manning.
Nays--Council Member Kronfoldt.
Communication of City Manager
submitting documents providing for
the construction of Foundation
Systems for Dog Racing Facility,
and read.
Council Member Hammel moved
the communication be received
filed. Seconded by Council
Beurskens, Carried by the
!ollowing vote:
Yeas--Mayor Brady, Council Mom-
bars Banrskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 279-84
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-
fice of the City Clerk showing among
other tinnge the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Dubuque Racing Facility Bid
Package "A" For Driven Piles, Ex-
and Concrete Work and
?recast Concrete Systems.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
at the time of the final con-
sideration of tins proposed resolution
have filed objections with the City
Clerk to the proposed plans, speciBca-
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-
dl and are now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
from General Obligation Bond Funds.
The above resolution was intro-
duced, approved and ordered placed on
Special Session, August 20,1984
353
file with the City Clerk this 20th day of
August, 1984.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved ap-
proval of the Resolution. Seconded by
Council Member Beurskans. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Preliminary Approval of Plans, Etc.)
RESOLUTION NO. 280-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs, form of
contract etc. and all other documents
for the FOUNDATION SYSTEMS
FOR THE DOG RACING FACILITY
with the probable cost of the improve-
ment to be $1,350,800.00, and are to be
considered part of this Resolution.
Passed, approved and adopted this
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Hannnel moved
adoption of the Resolution. Seconded
by Council Member Banrskans. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bourskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
(lflxing Date of Hearing and Author-
izing Advertisement for Proposals
RESOLUTION NO. 281-84
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-
lice of the City Clerk for public inspec-
tion for the Dubuque Racing Facility
Bid Package "A" For Driven Piles,
Excavation and Concrete Work and
Precast Concrete Systems, and
WHEREAS, the proposed Resolu-
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 4th day of
September, 1984, a public hearing will
be held at 7:30 p.m. in the City Hall
Council Chambers at which time in-
terested persons may appear and be
heard for or against the proposed
plans and specifications, form of con-
tract 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 circula-
tion in the City of Dubuque, Iowa,
which notice shall not be less than four
days nor more than twenty days prior
to the day fixed for its consideration,
and unless interested persons at the
time of the final consideration of the
proposed Resolution of Necessity have
filed objections with the City Clerk,
they shall be deemed to have waived
all objections 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 general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 2:00 p.m.
the 30th day of August, 1984. Bids
shall be opened and read by the City
Clerk at said time and will be s~bmit-
ted to the Council for final action at a
meeting to be held in the City Hall
Council Chambers at 7:30 p.m. on the
4th day of September, 1984.
Passed, approved and adopted tins
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
354
Special Session, August 20, 1984
Council Member Hummel moved
adoption of the Resolution. Seconded
by Council Member Beorskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None,
Communication of City Manager
recommending to enter into a Lease
Agreement with Dubuque Racing
Association and setting a Public Hsar-
lng for same, presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Hammci, Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Dalch, Hammei,
Kluesner, Kronfaldt, Manning.
Nays--None.
RESOLUTION NO. 282-84
Declaring the Intent of the City to
Enter into a Lease with the Dubuque
Racing Association, LTD. for a Per-
tion of Chaplain Schmitt Memorial
Island.
WHEREAS, Chapter 99D of the
Iowa Code, known and cited as the
Iowa Pari-Mutuel Wagering Act,
legalizes the system of wagering on
the results of dog racing meetings; and
WHEREAS, the Dubuque Racing
Association, Ltd., a qualified non-
profit corporation, has applied for and
has been granted a license by the Iowa
State Racing Commission for the pur-
pose of conducting dog racing in the
City of Dubuque; and
WHEREAS, the City is the owner of
certain unimproved land in the City of
Dubuque, known and identified as a
portion of the Chaplain Schmitt
Memorial Island, and which land is
zoned commercial-recreation and it is
appropriately located for the conduc-
ting of dog racing meetings in the City
by the Association; and
WHEREAS, the City of Dubuque
and the Dubuque Racing Association
Ltd. have agreed to enter into an
agreement wherein the City will con-
struct a greyhound race track facility
in full consultation with the Associe-
tion and to lease the greyhound race
track facility to the Association; and
WHEREAS, the execution of such a
lease is deemed to be in the public
terest and to the benefit of the City of
Dubuque.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the City of Dubuque
herein declares its intent to lease, after
a public hearing, a portion of the
Chaplain Schrnitt Memorial Island to
the Dubuque Racing Association, Ltd.
for the purpose of conducting dog rec.
lng meetings,
Section 2. That the City Clerk be and
is hereby authorized and directed to
publish according to law a notice Of a
public hearing to be held on September
· ~ 1984 for the purpose of entering into
a lease with the Dubuque Racing
Association, Lt~
Passed, approved and adopted this
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klueener moved
adoption of the Resolution. Seconded
by Council Member Hummel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Option Agreement for
disposition of vacated roadway of
Rhomberg Avenue previously used as
access to Eagle Point Bridge,
presented and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Special Session, August 20, 1984
355
RESOLUTION NO. 283-84
Resolution for Disposition of Ahan-
cloned Portions of Rhamberg Avenue
WHEREAS, the City of Dubuque
has been negotiating with Susan M.
Balsamo, concerning an option agree-
meat given said Susan M. Balsamo, an
option to purchase certain real estate
owned by the City of Dubuque; and
WHEREAS, the parties have
agreed to terms and conditions of said
option agreement; and
WHEREAS, a true copy of said
written option agreement marked
"Exhibit A" is attached hereto by
reference made a part hereof; and
WHEREAS, City Council of the Ci-
ty of Dubuque, Iowa finds that said
option agreement should be approved;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the proposed option
agreement by and between the City of
Dubuque, and Susan M. Balsamo, be
and the same is hereby tentatively ap-
proved until a public hearing is held on
this disposition of said property.
Section 2. That the City Clerk be and
she is hereby directed to publish notice
of intent to dispose of interest in this
real estate as required under Section
364.7 of the Co& of lowa, 1983 or as
amended~
Passed, approved and adopted this
20th day of August, 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,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending to vacate 15 foot strip
of land on the north side of 4th Street
between Main and Iowa Streets and
sell to Investment Counselors, Inc., in
the amount of $8,460.00, presented
and read.
Council Member Beurskens moved
that the communication be recoived
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kinesner,
Kronfeldt, Manning.
Nays--None.
Abstain--Council Member Hummel.
An ORDINANCE Vacating a por-
tion of the north side of 4th Street bet-
ween Iowa and Main Streets in the Ci-
ty of Dubuque and disposing of the
same to Investment Counselors, Inc.,
presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays--None.
Not Voting--Council Member Ham-
mai.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is t~ken, be dispensed with. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Doich, Kluesner,
Kronfeldt, Manning.
Nays--None.
Not Voting--Council Member Ham-
that a Public Hearing be held on the
7:30 p.m. in the City Hall Council
Chambers. Seconded by Council
Member Deich. Carried by the follow-
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Kluesner,
Nays--None.
Not Voting--Council Member Ham-
mci.
il¸
356
Special Session, August 20, 1984
Communication of City Manager
recommending a Public Hearing be set
regarding amending the Code of Or-
dinances, Chapter 22, pertaining to Se-
cond Hand Dealers and Pawn Brokers,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
LUg vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances of the City of
Dubuque, Iowa, by repealing Chapter
22 thereof and enacting a new Chapter
22 in lleu thereof providing for the
regulation of Junk Dealers, Secon-
dhand Dealers, and Pawnbrokers
presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Member Beurskens moved
that a Public Hearing be held on the
Ordinance on September 4, 1984 at
7:30 p.m. in the City Hall Council
Chambers and that the City Clerk
publish notice in the manner preecrib-
ed by law. Seconded by Council
Member Deich. Carried by the follow-
Lug vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel.
Kluesner, Kronfeldt, Manning.
Nays--None.
A report from the City Manager sub-
mltting action plan for evaluating
west end Storm Sewer problem,
presented and read.
Betty Fox, 3562 Keymeer Dr,,
stated she was "putting the City on
Notice" as to their liability if there
were any more sewer back-up pro-
blume.
Council Member Beurskens moved
that the report be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammai,
Kluesner, Kronfeldt, Manning.
Nays--None.
A report from City Manager on com-
daints of noise from Splash Down
Water Slide located at 4100 Penn-
sylvania Ave., presented and read.
Council Member Beurskens moved
to receive and file the report from
Staff. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 284-84
A Resolution Authorizing the Is-
suance of a $325,000 Medical Clinic
Revenue Bond (James C. Hall, M.D.
and Teresa A. Eckhart, M.D. Project)
Series 1984 of the City of Dubuque,
Iowa, for the purpose of Making a
Loan to Assist James C. Hall, M.D.
and Teresa A. Eckhart, M.D. 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
Interest in Revenues for the Payment
of the Bond to Further Secure the Pay-
ment of the Bond; Authorizing the Ex-
ecution and Delivery of a Loan Agree-
merit Pertaining to the Project; and
Authorizing an Assignment of the
Loan Agreement for Securing Further
the Payment of the Bond.
WHEREAS, the City of Dubuque.
Iowa by virtue of the laws of the State
of Iowa, including Chapter 419, Code
of Iowa, is authorized and empowered,
among other things, la) to issue
Special Session, August 20, 1984
357
revenue bonds for the purpose of mak-
lng 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
health care facility, (b) to enter into a
Luan agreement and to accept security
interests to evidence and secure such
indebtedness 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, all 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 Mort
gage or in the Agreement, the follow-
ing 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 Iowa, as enacted and amended.
"Adjustment Date" means the day on
which the Variable Interest Rate shall
be adjusted which shall be the last day
of each month commencing September
30, 1984.
"Agreement" means the Loan Agree-
ment between the Issuer and the Com-
pany. dated as of August 1. 1984, as
the same may be amended from time
to time in accordance with the appli-
cable provisions thereof.
"Assignment" means the Assignment
of the Agreement and the Revenues. of
even date with the Agreement. 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 resolu-
tion as the same may from time to
time be lawfully amended or sup-
plemented.
"Bond service charges" for any time
period means the principal, interest
and prepayment or redemption
premium, if any, required to be paid by
the Issuer on the Project Bond for
such time period.
"Code" means the Internal Revenue
Code of 1954 as emended and refer-
ences to the Code and Sections of the
Code shall include relevant regulations
and proposed regulations thereunder
and any successor provisions to such
Sections, regulations or proposed
regulations.
"Company" means James C. Hall,
M.D. and Teresa A. Eckhart, M.D., in-
dividuals residing in the State of Iowa,
and their lawful successors and
assigns.
"Construction Fund" means the Con-
struction Fund created by Section 6
hereof.
"Eligible Investments" means, to the
extent permitted by law and in accor-
dance 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-
strumentaiity 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 district; (iv)
prime commercial paper; (v) prime
finance company paper; (vi) bankers
acceptances 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 agree-
ments fully secured by obligations
issued or guaranteed by the United
States of America or by any person
controlled or supervised by and acting
as an instrumentality of the United
States of America pursuant to authori-
ty granted by the Congress of the
United States of America; and (viii)
certificates of deposit or savings ac-
counts issued by the Holder; provided
that any such investment or deposit is
not prohibited by applicable law.
358
Special Session, August 20, 1984
"Executive" means Mayor of the
Issuer.
"Financial Institution" means any life
or cssualty insurance company or any
state or federally chartered commer-
cial hank, savings and loan association
or mutual savings association insured
by either the Federal Deposit In-
surance Corporation or the Federal
Savings and Loan Insurance Corpora-
t/on.
"Fiscal Officer" means the City Clerk.
"Guarantors" means Jane L. Hall and
Michael D. Gibson individuals and
residents of the State of Iowa.
"Guaranty" means the Guaranty
Agreement, dated as of August 1,
1984, executed and delivered by the
Guarantors to the Holder, as the same
may be amended from time to time in
accordance with the applicable provi-
sions thereof.
"Holder" means the Original Pur-
chaser as the initial holder of the Pro-
ject Bond and the Mortgage and its
lawful successors, or, in the event of
transfer and asignment permitted by
the terms of the Project Bond, the
F/nancial Institution at the time
holding the Project Bond and the Mor-
tgage.
"Issuer" means the City of Dubuque
of the State.
"Legal Officer" means the City At-
torney of the Issuer.
"Legislative Authority" means the
City Council of the Issuer.
"Loans" 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 et the Loan pursuant to the
provisions of Section 4.1 of the Agree-
meat.
"Mortgage" means the Open-End
Mortgage and Security Agreement,
dated August 1, 1984, executed and
delivered by the Company to the
Holder, as the same may be amended
from time to time in accordance with
the applicable provisions thereof.
"Original Purchaser" means
American Trust & Savings Bank,
Dubuque, Iowa.
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-
meat together constituting a "pro-
ject" as defined in the Act.
"Project Bond" means the $325,000
Medical Clinic Revenue Bond (James
C. Hall, M.D. and Teresa A. Eckhart,
M.D. Project) Series 1984 authorized
in Section 3 hereof.
"Project Purpose" means acquiring,
constructing and equipping a medical
clinic facility to be located on Maz-
zucbelli Street between Cardiff Street
and James Street within the City and
to be used by physicians as an office
building to provide health care, or
such as may result from a change in
the Plans and Specifications authoriz-
ed by Section 3.2 of the Agreement or
as may otherwise be permitted by the
agreement.
"Revenues" means ia) the Loan
Payments, {b) all other moneys receiv-
ed by the Issuer, or the Holder for the
account of the Issuer, in respect of
repayment of the Loan, (c) unexpended
proceeds derived from the sale of the
Project Bond and {d) all income and
profit from the investment of the Loan
Payments and such other moneys by
or on behalf of the Issuer.
"State" means the State of Iowa.
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-
dude those which succeed to their
functions, duties or responsibilities
pursuant to or by operation of law or
who are lawfully performing their
functions. Any reference to a section
or provision of the Constitution of the
State or to a section, provision or
chapter of the Code of Iowa shall in-
dude such section or provision or
chapter as from time to time amended,
modified, revised, supplemented and
superseded, provided that no such
change in the Constitution or laws
shall be deemed applicable by reason
of this provision if such change in any
way constitutes an impairment of the
rights or obligations of the Issuer or
the Company under this Bond Legisla-
t/on, the Agreement, the Assignment,
the Mortgage, or any other document
executed in connection with any of the
Special Session, August 20, 1984
359
foregoing, including, without limits-
tion, any alteration of the obligation to
pay the Bond service charges in the
amount and manner, at the times, and
from the sources provided in the Bond
Legislation, the Agreement and the
Mortgage, except as otherwise herein
permitted.
Words of the masculine gender shah
be deemed and construed to include
correlative words of the ferahfine 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 similar terms mean
this Bond Legislation.
Section 2. Determinations of
Legislative Authority. It is hereby
determined that (a) the Project is a pro-
ject as defined in the Act and is consis.
tent with the purposes of the Act; (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, enhan-
ting the tax base of the Issuer and
overlapping taxing jurisdictions, 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-
jeer, including the financing thereof,
will require the issuance, sale and
delivery of the Project Bond in the
principal amount of $325,000, 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 determined
to be necessary to, and the Issuer shalg
issue, sell and deliver, as provided and
authotized herein and pursuant to the
authority of the Act, the Project Bond
in the principal amount of $325,000 for
the purpose of making a loan to assist
the Company in the financing of costs
of acquiring, constructing, equipping,
improving and installing the Project
for the Project Purpose. The Project
Bond shall be designated "Medical
Clinic Revenue Bond (James C. Hali
M.D. and Teresa A. Eekhart, M.D. Pro~
~ect) Series 1984".
The Project Bond shall be issued in
the single denomination of $32~,000,
substantially in the fully registered
~orm attached hereto as Exhibit "A"
Which is incorporated herein by
reference and made a part hereof fully
a~ if set forth in full herein), and shall
be subject to optiona& extraordinary
and loss of tax exemption prepayment,
as set forth herein and in said Exhibit
"A", at the place set forth therein.
The Project Bond shall be dated as of
August 1, 1984, but shall bear interest
from the date of delivery to the
Original Purchaser (which date shall
appear on the face of the Project Bond),
at a variable interest rate as defined in
the Project Bond attached hereto as
Exhibit "A " and shall be payable as to
interest on and principal of the Project
Bond on the first day of each month
commencing October 1, 1984 and
thereafter until September 1, 1999, or
until the principal has been paid in full
In the event of any final determine,
tion with respect to the tax liability of
the holder of the Project Bond that the
interest on the Project Bond is wholly
or partially includable for federal in-
come tax purposes in the gross income
of such Holder (other than the event
that the holder is a "substantial user"
of the Project or a "related person" as
those terms are used in Section 103(b)
(13) of the Code), the Project Bond shall
~om the date on which such interest
becomes taxable and until all of this
Bond shall have been paid bear in-
terest at a rate equal to two percent (2%)
~er annum plus the "Prime Rate", as
defined in the Agreement, computed
on the outstanding principal amount
of the Bond for the period which has
elapsed between the date of the final
determination and the date the Bond is
redeemed or paid in ful~ whichever is
~arlien As used hereir~ "final dete~
ruination" shall be deemed to have oc-
curred upon receipt by the Holder of
the Project Bond of a ruling or
technical advice by the Internal
Revenue Service in which the Com-
pany has participated or a written opi-
nion of an attorney or firm of attorneys
of recognized standing on the subject
of municipal bonds selected by the
Holder and approved by the Company,
which approval should not be unreas-
onably withheld.
The Project Bond shall be payable
36O
as to principal and inter~
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-
cial 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
or facsimile signature of its Mayor and
attested by the manual or facsimile
signature of its City 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 fi) 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 Mot-
tgage (except the Unassigned Issuer
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 ~n.
debtedness of the Issuer, within the
meaning of any State constitutional
provision or statutory limitation, and
shall not constitute nor give rise to
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 e~tent lawfully authorized to do
so any other resources for the fulfill-
ment of any of the terms, conditions or
obligations of the Bond Legislation or
of the project Bond.
Section 5. Sale of Project Bond· The
Project Bond is hereby sold and award-
ed w the Original purchaser in acco~
dance with its written offer therefore,
at a purchase price equal to the par
Special Session, August 20, 1984
value thereof The Executive and the
Fiscal Officer of the Legislative
Authority are authorized and directed
to mahe the necessary arrangements
with the Original Purchaser to
establish the date, location, procedure
and conditions for the delivery of the
project Bond to the Original Put-
chaser, 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
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 proceeds from the sale of the Pro-
ject 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 (except when invested
as hereinafter providod) in the custody
of the Holder a fund in the name of the
Issuer to be designated "City of Dubu-
que, Iowa - Medical Clinic Revenue
Bond (James C. Hall, M.D. and Teresa
A. Eckhart, M.D. project) Series 1984
Construction Fund" (the "Construe-
tion Fund"). Moneys in the Construe-
tion 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
Agreement. The Holder is authorized
and directed to make any such
disbursements from the Construction
Fund in accordance with the provi-
sions 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 Agree-
ment, 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 directly to the
Holder for the account of the Issuer
The Issuer hereby covenants and
agrees that, until the entire principal of
Special Session, August 20, 1984
361
and premiung if any, and interest on
the Project Bond shall have been paid,
(i) it will pay, or cause to be pald, 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
promptly proceed in good faith and use
its best efforts to enforce the Agree-
ment, and (iii) should there be an event
of default under the Agreement, 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 put-
suant to Section 6.1 of the Agreement
to be used to prepay unpaid principal
installments on the Project Bond in ac-
cordance with those Sections and the
applicable provisions of the Project
Bond, and the Holder shall promptly
apply such moneys to the prepayment
of such installments in accordance
with the Company's instructions.
Section 8. Covenants of Issuer. In
addition to other covenants of the
Issuer in this Bond Legislation con-
rained, the Issuer further covenants
and agrees as follows:
(a) Payment of Bond Service
Charges. The Issuer will, 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 man-
ner provided herein and in the Pro-
ject Bon~L
6o) Performance of Covenants,
Authority and Actions· The Issuer
will at all times faithfully observe and
perform all agreements, covenants,
undertakings, stipulations and provi-
sions contained in the Agreemeng 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 observed. 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 par~
ticalariy and without limitation the
Act, to issue the Project Bo?d, to ex-
ecuto the Agreement and the Assign-
ment and to provide the security for
payment of the Bond service charges
in the manner and to the extent
herein and in the Project Bond set
'orth; that all actions on its part for
the issuance of the project Bond and
execution and delivery of the Agree-
ment and the Assignment have been
or will be duly and effectively taken;
and that the Project Bond in the
hands of the Holder 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 or the Assignment,
the Issuer will not assign or grant a
security interest in the Revenues or
create or suffer to be created any
debt, lien or charge thereon other
than the assignment and grant
thereof under this Bond Legislation
and the Assignment.
(d) Recordings and Filings. The
Issuer will, at the expense of the
Company and upon written request of
the Holder, cause the Agreement and
the Assignment, and any amend-
ments or supplements to any, and all
necessary financing statements,
amendments thereto, continuation
statements and instruments of
similar character relating to the
assignment and grants made by it to
secure the Project Bond, to be record.
ed 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 suc-
ceeding the month in which falls any
anniversary of the date of the Agree-
meng the Issuer will at the request 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 Agreement), who may be Counsel
'or the Issuer or for the Company, ad-
dressed to 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 recent opinion of
Independent Counselpursuant to this
Section 8(d), or stating that no such
filing, registration, recording, re-
~ling, re-registration or re-recording
is necessary, or if necessary, setting
362
Spedal Session, August 20, 1984
thereto. Promptly after any filing,
recording, re-filing or re-recording of
character relating to any of the
pledges made in the Bond Legislation
or the Assignment, or any filing,
Agreement or the Assignmeng or any
the Issuer will require the Company
the HoMer an opinion of counse~ who
may be counsel for the Issuer or for
the Company, to the effect that such
filing, re-registration or re-recording
has been duly accomplished and set-
ting forth the particulars thereof
(e) Inspection of Project Books. All
books and documents in the Issuer's
the Issuer's regular business hours be
open to inspection by such uccoun-
the Holder may from time to time
designate.
(fl Rights under Agreement. The
HoMer, in its name or in the name of
the Issuer, may enforce all rights of
the Issuer except for Unassigned
Issuer's Bights as defined in the
Agreement and all obligations of the
Agreement, whether or not the Issuer
is in default of the pursuit or enforce.
ment of such rights and obligations.
(g) Enforcement of Agreement. The
ly with the obligations, duties and
Agreement in effect in accordance
with the terms thereof and to enforce
and protect the rights of the Issuer
(h) Arbitrage Provisions. The
coeds of the Project Bond in such
manner and to such extent, if any, as
the time of the delivery of and pay-
ment for such Project Bond, so that
the Project Bond will not constitUte
arbitrage bonds under Section
of the Code and the applicable regale.
tions under that Sectio~ The Fiscal
Officer or any other officer having
responsibility for issuing the Project
Bond is authorized and directed,
alone or in conjunction with any of
the foregoing or with any other of.
ricer, 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 proceedings 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 the
facts, estimates and circumstances on
which they are based, such certificate
to be premised on the reasonable
pectations and the foots, estimates
and circumstances on which they are
based as provided by the Company,
all as of the date of dalivery of and
payment for such Project Bond. The
Fiscal Officer, or other appropriate
ricer of the Issuer, shall furnish to the
HoMer a true transcript of pr~
ceedings, certified by said Fiscal Of.
fleer or officer, of all proceedings had
with reference to the issuance of the
project Bond along with such info~
ruction from the records as is
necessary to determine the regularity
and validity of the issuance of said
Project Bond.
(9 Additional Financing. At the re~
quest of the Company, provided that
the Company is not in default under
the Agreement and to the extent then
permitted by law, including the Act,
the Issuer shall use its best efforts to
provide for the issuance of revenue
obligations in addition to the Project
Bond for the purpose of (i) completing
the Project, (ii) acquiring, construc-
ting, equipping or improving addi-
tional property for use in connection
with the Project or (iii) with the con-
sent of the Holder refunding the Pro-
ject Bond or any other such revenue
obligations previously issued.
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 aceo~
dance with Section 3.7 of the Agree-
Special Session, August 20, 1984
men~ 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 Investments
maturing or redeemable as aforesaid.
Any such investments shall be pu~
chased from the Holder. An invest-
merit made from money credited to the
Construction Fund shell 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 shall be valued at
face amount or market value, which-
ever 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 Assignment, 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, financ-
lng statements and other instruments
as may be necessary or desirable in
order to consummate the transactions
contemplated by this Bond Legisla.
tion. 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
tifications, 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
Assignmen&
Section 12. Delivery of the Project
Bond. Before the Project Bond is
delivered there shall be delivered to
363
the Holder:
(a) A copy, duly certified by the
Fiscal Officer of this Bond Legislation,.
and
(b) An original executed counterpart
of the Agreement, the Mortgage and
the Assignment,.
(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 first mortgage on
the Project Site subject only to (i) taxes
and assessments not delinquent, (ii)
liens and encumbrances permitted by
the terms and provisions of the Mort-
gage, 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-
ment and the Assignment shall be
discharged and satisfiec~ except for
the obligation to make any payment re-
quired under loss of tax exemption
redemption provisions in Section
hereof
Section 14. Compliance with Open
Meeting Requirements. It is hereby
q)und and determined that all formal
actions of this Legislative Authority
concerning and relating to the adop-
tion of this Bond Legislation were
adopted in an open meeting of this
Legislative Authority, and that all
deliberations of this Legislative
thority and of any of its eommlttoes
that resulted in such formal action,
were in meetings open to the publie, in
compliance with all legal requirements,
including Chapter 28A of the Code of
Section 15. Payments Due on Sun-
days and Holidays. In any case where
the date of maturity of or due date of
interest on or principal of the Project
Bond shall be a Sunday or a day on
which the Holder is required, or
authorized or not prohibited, by law
(including executive orders) to close
and is closed, then payment of such in-
retest or principal need not be made on
such date but may be made on the next
succeeding business day on which the
Holder is open fur 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
Special Session, August 20,1984 365
after such date.
Section 16. Effective Date. This
Bond Legislation shall take effect and
be in force immediately upon its adop-
Adopted and approved this 20th day
of August, I984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khlesner moved
adoption of the Resolution, Seconded
by Council Member Beurskeas. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Khlesnec,
Kronfeldt, Manning.
Nays--Council Member Deich.
Council Member Beurskens moved
to remove from the table Ordinance
No. 20-84 Providing for Monthly
Subscriber Rates and Charges for
Cable Television Basic Services (tabl-
ed from Meeting of 8-8-84). Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskans, Dcich, Kinesner,
Kranfeldt, Manning.
Nays--Council Member Hannnel.
Council Member Deich moved to
table the reconsideration of Ordinance
No. 20-84 Providing for monthly
Subscriber Rates and Charges for
Cable Television Basic Services, until
the Council Meeting of September 17,
1984. Seconded by Council Member
Manning. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Manning.
Nays--Council Members Beurskens,
Kluesner, Kronfeldt,
Conununicatinn of City Manager
regarding application for Iowa Com-
munlty Development Loan for Dubu-
que Greyhound Racing Facility Pro-
ject, presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Spedai Session, August 20,1984
Yeas--Mayor Brady, Council Mem.
bors Beurskans, Deich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None,
RESOLUTION NO. 285-84
A Resolution Authorizing the Filing o!
an Application for a $250,000 Loan
From the Iowa Community Develop-
ment Loan Program for the Dubuque
Greyhound Racing Facility Project.
WHEREAS, the City of Dubuque is
to participate in the Iowa
Development Loan Program as defin-
~d in Division VIII of Senate File 548,
Acts of the 70th General Assembly;
and
WHEREAS, the City of Dubuque is
providing for the creation
of new jobs and in the continued
development of the economic base of
the City; and
WHEREAS, the City of Dubuque is
eligible to apply for funding in the
amount of $250,000.00; and
WHEREAS, the City of Dubuque
has available and will match funds pre
vided through the Iowa Community
Development Loan Program with local
cash resources.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the filing of an ap-
plicatinn for participation in the Iowa
Community Development Loan pro-
gram for the Dubuque Greyhound Rac.
lng Facility project is hereby approv-
ed, and the Mayor is hereby authorized
and directed W execute the nece~zary
documentation on behalf of the City of
Dubuque.
Section 2. That the City b[anager is
hereby authorized and directed to sub-
mit in the required number of copies
the executed application to the State of
lows Office for planning and prograph-
ming and other appropriate agenetes
together with such other documents as
may be required.
Passed, approved and adopted this
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klueener moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Doich, Hammel,
Klueaner, Manning.
Nays--None.
Abstain--Council Member Kron-
feldt.
Communication of City Manager re-
questing to proceeding with Eminent
Domain Proceedings for property
located on Chaplain Schmitt Memorial
Island, presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammal,
Riuesner, Kronfcidt, Manning.
Nays--None.
RESOLUTION NO. 286-84
Reeolutinn Authozizing Eminent Do-
main Proceedings for the Acquisition
o~ Leasehold Rights of a Five Acre
Lease Held by Industrial Ma~ag~-
merit Incorporated on Chaplain
Schmitt Memorial Island.
WHEREAS, the City of Dubuque
has been negotiating with the leasco
f~r the five acre site located on
Chaplain Schmitt Memorial Island
which will be necessary for elements of
the Dubuque Dog Racing Facility; and
WHEREAS, the City of Dubuque
has not been able to arrive at a
suitable acquisition price for lease hold
rights with the lessee; and
WHEREAS, the City of Dubuque
finds and determines that eminent do-
main proceedings shall be instituted to
acquire these leasehold interests not
acquired through normal negotiations.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
~ 1. That eminent domain pro-
ceedings be instituted forthwith by the
City of Dubuque, Iowa for th~ acquisi-
tion of the lease hold rights held by In-
dastrial Management Incorporated,
land owned by the City of Dubuque on
Chaplain Schmitt Memorial Island,
and that the Corporation Counse~ be
and is hereby ordered and directed to
institute said eminent domain pro.
ceedings forthwith for and on behalf of
the City of Dubuque, Iowa. (Exhibit
"A" Atfached).
Section 2. That the Corporation
Counsel be and is hereby directed and
empowered to do any and all things
necessary and incidental to said emi-
nent domain proceedings.
Passed, approved and adopted this
20th day of August, 1984,
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Dcich. Carried by
Yeas--Mayor Brady, Council Mem-
bors Banrskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending amendment to Consent
relative to Wastewater Treat-
presented and read.
Council Member Kinesner moved
that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by the
folinwdng vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hamme],
Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 287-84
Resolution Authorizing the Mayor
and the Corporation Counsel to Ex-
ecute an Amendment to Consent
Decree Relative to the Wastewater
Treatment Plant
366
Special Session, August 20, 1984
WHEREAS, a consent decree was
filed on August 18, 1981, with the
United States District Court for the
northern district of Iowa, such consent
decree representing the parties of the
United States of America, as plaintiff,
and the City of Dubuque, Iowa, as
defendants; and
WHEREAS, such consent decree
pertains to certain improvements
stipulated to be performed and com-
pleted by the City of Dubuque no later
than December 31, 1982; and
WHEREAS, an amendment was
made to the consent decree on October
4, 1982 which deleted the require-
merit for the installation of a Zimpro
Side Stream processing unit; and
WHEREAS, the City of Dubuque
has completed the installation of all
the equipment identified in the con-
sent decree; and
WHEREAS, because of operational
problams with the filter belt press the
instafiation of the equipment has
never been certified by a licensed pro-
fessional engineer; and
WHEREAS, EPA is now willing to
recommend to the United States
District Court for the northern district
of Iowa, that the certification be waiv-
ed and the conditions of the consent
decree to be considered as satisfied
and the consent decree be considered
terminated on submittal of reports as
identified in paragraph 11 of the
amended document.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the Mayor and Co~
potation Counsel be authorized to sign
an amendment to the consent decree
between the United States
American vs. the City of
#79-1001, filed with the United States
District Courts for the northern
district of lowa on August 18, 1981.
Section 2. That a signed copy of the
amended consent decree be forwarded
to EPA for signatures by various oft
ficials of the United States~
America~, Department of Justice, the
United States Environmental Protec-
tion Agency, and the State of Iowa,
and for filing with the United States
District Court of the Norther District
of lowa.
Passed, approved and adopted this
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesanr, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tore of the receipt of proposals for the
construction of Peru Road - Kennedy
Court Sanitary Sewer, AND Com-
munication of City Manager recom-
mending to award contract for above
to Tschiggfrie Excavating, presented
and read.
Council Member Deich moved that
the proof of publication and com-
munication be received and filed.
Seconded by Council Member Ham-
meL Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 288-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Peru Road - Kennedy Court Sanitary
Sewer pursuant to Resolution No.
259-84 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 9th day of
August. 1984.
WHEREAS, said sealed proposals
were opened and read on the 14th day
of August, 1984 and it has been deter-
mined that the bid of Tschiggfrie Ex-
cavating of Dubuque in the amount of
$98,675.50 was the lowest bid for the
furnishing of all labor and materials
Special Session, August 20, 1984
367
and performing'the work as provided
for in the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentlaned im-
provement be awarded to Tschiggfrie
Excavating and the Manager be and is
hereby directed to execute a contract
on behalf of the City of Dubuque for
the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 26-84
AN ORDINANCE CHANGING THE
NAME OF PARKLAND HILL
DRIVE TO COUNCIL HILL DRIVE,
SAID ORDINANCE HAVING BEEN
presented and read at the Council
Meeting of August 6, presented for
final adoption.
ORDINANCE NO. 26-84
AN ORDINANCE CHANGING THE
NAME OF PARKLAND HILL
DRIVE TO COUNCIL HILl,
DRIVE.
NOW, THEREFORE, BE IT
ORDA1NEU BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the name of Park-
land Hill Drive be and the same is
hereby changed to Council Hill D~ve.
Section 2. That the City Clerk be
and the same is hereby authorized and
directed to record a certified copy of
the Ordinance in the office of the
County Recorder and County Auditor
of Dubuque County, Iowa.
Section 3. This Ordinance shall be
of full force and effect from and after
its final passage, adoption and publi-
cation as by law provided.
PASSED, ADOPTED AND
APPROVED THIS 20th day of
Aubq~st, 1984.
Jmnes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
August, 1984.
Mary A. Davis
City Clerk
It 8/27
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member
Kronfeldt.. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Abstain--Council Member Beur-
skens.
An ORDINANCE Amending the
Code of Ordinances of the City of
Dubuque, Iowa, by repealing Section
7-46 and enacting a new Section 7-46 in
lieu thereof providing for the confine-
ment of animals, said Ordinance hav-
ing been read at the Council Meeting
of June 18, 1984 and tabled at the
Meeting of June 25, 1984, presented
for final action.
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Vote on the motion was as follows:
Yeas--None.
Nays--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
MOTION FAILED.
Communication of City Manager
submitting Ordinance to coincide with
that section of the State Code govern-
ing operation of a Motor Vehicle while
the license of the operator is denied,
suspended or revoked, presented and
read.
368
Special Session, August 20, 1984
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the fol-
lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 27-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY
DELETING SECTION 25-142 AND
SUBMITTING A REVISED SEC-
TION 25-142 PROHIBITING DRIV-
lNG WHILE LICENSE IS DENIED,
SUSPENDED OR REVOKED, pre-
sented and read.
Council Member Beurskene moved
that the reading just had be con-
sidered the first reading of the
dinance. Seconded by Council Member
Manning. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the Meeting when final action
is taken, be dispensed with. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 27~4
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
DELETING SECTION 25-142 AND
SUBSTITUTING A REVISED SEC-
TION 25-142 PROHIBITING DRIV-
ING WHILE LICENSE DENIED,
SUSPENDED OR REVOKED
WHEREAS, the State Legislature
has amended Section 321.218 of the
Code of Iowa which prohibits driving
w]ffie an operator's license or privilege
has been denied, cancelled, suspended
or revoked; and
WHEREAS, State law mandates
that local traffic laws not be inconsis-
tent with State law;
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Section 25-142 of
the Cede of Ordinances of the City of
Dubuque, Iowa be and the same is
deleted therefrom and the following
substituted therefore:
"Sec. 25-142. Driving while license
denied, suspended or revoked.
(a) Any person whose operator's or
chauffeur's license or driving privilege
has been denied, cancelled, suspended
or revoked who drives a motor vehicle
aport the streets of this city while such
license or privilege is denied, cancelled,
suspended or revoked, commits a sim-
ple misdemeanor. The sentence
imposed under this section shall not be
suspended by the court.
(b) This Section shall not apply to a
person whose license or driving priv-
ilege has been revoked under Section
321.209 or Chapter 321B of the State
Code of Iowa as amended."
Passed, approved and adopted this
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
August, 1984.
Mary A. Davis
City Clerk
It 8/27
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Mann-
ing. Carried by the follnwing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klaesner, Kronieldt, Manning.
Nays--None.
Communication of City Manager re-
questing affirmation of the decision to
discharge a Bus Operator from the
employment of the City of Dubuque,
effective August 17, 1984, presented
and read.
Mr. Jeff Evarte, the Bus Operator
referred to, explained his actions and
requested Council not affirm the
Manager's decision to discharge.
Council Member Beurskens moved
to affirm the decision of the City
Manager. Seconded by Council Mem-
ber Kluesner. Carried by the following
vote:
Special Session, August 20, 1984
369
Yeas--Council Members Beurskens,
Hammel, Klueener, Manning.
Nays--Mayor Brady, Council Mem-
bers Delch, Kronfeldt,
BOARDS AND COMMISSIONS:
Housing Commission - Thr~e Vacan-
cies of three year terms which will ex-
pire August 17, 1987. Applicants:
Patricla Caeey and Ray LaRue.
Council Member Beurskens moved
that Casey and LsRue be appointed to
the three year terms on the Housing
Commission which will expire August
17, 1987. Seconded by Council
Member I~smmel. Carried by the
following vote:
Yeas--Mayor Brackv, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Member Beurskens made an
appeal to the Public to apply to serve
on the various City Boards and Com-
missions.
RESOLUTION NO. 2894t4
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following having compiled
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Harry W. Sbetlar
1902 Central Ave.
Passed, approved and adopted this
20th day of August, 1984.
James E. Brady
Mayor
ATTEST:
Mnry A. Davi~
City Clerk
Council Member Beurskons moved
adoption of the Resolution. S~onded
by Council Member Marming. Cra-tied
by the follovfmg vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Abstain--Council Member Kron-
fdidt.
RESOLUTION NO. 290-84
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 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-
pllcante a Beer Permit,
CLASS "C" BEER PERMIT
Mary Richardson
1050 University Ave.
(Also Sunday Sales)
Iowa Oil Company
1387 Dodge Street
(Also Sunday Sales)
Passed, approved and adopted this
20th day of August, 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, Couned Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning,
Nays None.
Abstain--Council Member Kron-
feldt.
RESOLUTION NO. 291-84
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 oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and ali City Ordinances
relevant thereto and they have filed
370
Special Session, August 20, 1984
proper bonds:
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Alia K Zazz, Inc.
1800 Radford Rd.
James R. Bainbridge
1375 Locust St.
M~ry L. Demmer
1445 Central Ave.
Jerry Lee James
1899 Rockdaie Rd.
(Also Sunday Sales)
Shirley Kamentz
36 West 4th St.
Tamie Kennlker Highway 20 West
Melvin A. Spiegaihaiter
1029~/2 Main St.
(Sunday Sales Only)
Zella Mangeno 1399 Jackson
(Also Sunday Sales)
Passed, approved and adopted this
20th day of August, 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,
Kluesner, Manning.
Nays--None.
Abstain--Council Member Kron-
feldt.
MINUTES SUBMITTED: Human
Services Committee of 7-26; Promo-
tion Committee of 6-21 & 7-31; Annual
Report of Subcommittee of the Cable
Community Teleprogrammlng Com-
mission of 7-30; Historic Preservation
Commission of 7-31; Public Library
Board of Trustees of 7-16; Keyllne's
Earning Statement and Statistics for
month of July. 1984, presented and
Council Member Haromel 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, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
NOTICES OF CLAIMS AND SUITS:
Estei[e Banfield in unknown amount
for personal injuries; Agnes Fecker in
amount of $111 for personal injuries;
Dominic W. Goodmann in unknown
amount for personal injuries; Venson
O'Hara in amount of $1,500 for per-
sonai injuries; Mary Weiland in
unknown amount for car damage;
Dubuque Savings and Loan Associa-
tion vs. Terry L. Bartman et al advis-
lng of foreclosure proceedings; Dubu-
que Savings and Loan Association vs.
Louise S. Bisenlus et al advising of
foreclosure proceedings; James
Wagner in amount of $4.89 for backed-
up sewer damages; Steven Kiebel in
unknown amount for car damages;
presented and read.
Council Member Hammel moved
that the claims and suits be referred to
the Legal Staff for investigation and
report. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich. Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel Lindahl recommending denial
of personal injury claim of Wesley and
Wands Atchison, presented and read.
Council Member Hammel moved
that the communication be received
and filed and denial approved. Second-
ed by Council Member Kronfeldt. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Marching.
Nays--None.
REFUNDS REQUESTED: Judy
Besler and Clara Johnson in amount of
$225 for unexpired Beer Permit;
James Winders in amount of $422.50
for unexpired Liquor License (Notice
of Garnishment from State of Iowa
regarding James Winders refund in
Special Session, August 20, 1984
371
the amount of $1,741.44). presented
and read.
Council Member Hanunel moved
that the refunds be approved and
F~nance Director to issue the proper
checks. Seconded by Council Member
Kronfeldt. Carried by the following
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 Intent to
release funds from Community
Development Block Grant Program
for Dubuque Downtown "Market
Place" Project and Dubuque
Downtown Hotel Construction Project
and Notice of No Significant Effect on
the Environment for project identified
as Dubuque Downtown "Market
Place" and Dubuque Downtown
Hotel, presented and read.
Council Member Hammel moved
that the proofs of publication be
received and filed. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich. Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Housing and Ur-
ban Development advising of receipt
of Dubuque's Urban Development Ac-
tion Grant Application, 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 Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Petition of Connie L. Risdl re-
questing a four-way stop be set up at
12th & Elm Streets, presented and
read.
Council Member Hammel moved
that the petition be referred to the Ci-
ty Manager. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting response regarding fifteen
minute parking request on University
Avenue and recommending denial of
request, 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 Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager ad-
vising establishment of player fees for
adult Athletic Program as set by the
Park and Recreation Commission,
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-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
There being no further business,
Council Member Deich moved to ad-
journ. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Khiesner, Kronfeldt, Manning.
Nays--None.
Mary A. Davis
City Clerk
Approved 1984
Adopted 1984
Mayor
372 Special Session, August 20, 1984 Special Session, Augdst 27, 1984 373
Council Members
ATTEST:
City Clerk
CITY COUNCIL
OFFICIAL
Special Session, August 27, 1984.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers.
Present--Mayor Brady, Council
Members Beorskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning. City
Manager W. Kenneth Gearhart, Cor-
poration Counsel William G. Blum.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to Consider Authoriz-
lng City Manager to Issue a Purchase
Order for the Purchase of a Lure
System from Greyhound Equipment
Co. in an estimated amount of
$45,443.86.
Communication of City Manager re-
questing authorization to purchase a
Lure System from Greyhound Equip-
ment Co. in the estimated amount of
$45,443.86, presented and read.
Council Member Beurskens moved
that the communication be received
and filed and City Manager authorized
to execute purchase order. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesper, Manning.
Nays--Council Member Kronfeldt.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Beurskens. Carried by the following
vote:
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 Memb~'s
ATTEST:
City Clerk